The Journals of Parliaments, Index 1

The Journals of Parliaments · Index 1

p. 627Sir Robert Cecill moved the House to have their opinions, in that there wanted a chief Member, viz. a Knight of Denbigh Shire. And he said, I am to certify the House thus much, in respect of some disorder committed there touching the Election by Sir Richard Trevor and Sir John Fludd, to which Sir John Salisbury is a party, the Sheriff could not proceed in Election. For mine own part I think it fit that M^r Speaker should attend my Lord Keeper therein (quod nota, attend) if it please you, You shall hear the Letter which was read, and the Contents thereof was, That on the one and twentieth day of October at he hept the County day, and there being quietly chusing the Knights for the Shire, a Cry came suddainly that Sir Richard Trevor and Sir John Fludd on the one part, and Sir John Salisbury on the other, were a fighting, and all their Companies were ready to do the like. Whereupon presently I went to the Church-Yard where they were, and there I found both parties with their Swords drawn ready, but with much a do pacified them both; and fearing lest by drawing such a Multitude together, there might great danger and blood-shed happen, I made Proclamation that every man should depart. By means whereof I did not execute her Majesties Writ as I thought to have done, rather chusing to adventure your Honours censures herein, than to hazard so great a blood-shed. Subscribed,

Your Honours most humbly at Commandment, Owen Vaughan.

Also Mr. Secretary said there was a Schedule annext to the Letter which had some matters of importance not fit to be read; Yet if it please the House to command it, they should. Whereupon all cried No No.

Sir Edward Hobbie answered, Methinks under favour, the motion Mr. Secretary made is good, but the form therein (I speak with all reverence) not fitting the State of this House. For he said, M^r Speaker shall attend my Lord Keeper. Attend? It is well known that the Speaker of the House is the Mouth of the whole Realm; And that the whole State of the Commonalty of a Kingdom should attend one Person; I see no reason. I refer it to the consideration of the House: Only this proposition I hold, That our Speaker is to be commanded by none, neither to attend any, but the Queen only.

M^r Johnson said, The Speaker might ex Officio send a Warrant to the Clerk of the Crown who is to certify the Lord Keeper, and so to make a new Warrant.

Sir Edward Hobbie said, That for Election of Burgesles he had seen half a score yesterday with Sir John Puckerings hand, when he was Speaker.

M^r Speaker said, I may inform you of the Order of the House, that a Warrant must go from the Speaker to the Clerk of the Crown, who is to inform the Lord Keeper, and then to make a new Writ.

M^r Secretary Cecill said, I should be very sorry to detract from any particular Member of this House, much more from the general State; my meaning was mistaken and my words misconstrued, yet both in substance agreeing with M^r Speaker.

Post Meridiem.

At the Committee held this Afternoon touching Returns and matters of priviledge (who had been appointed on Saturday the 31. day of October foregoing) there were shewed divers Precedents to prove that the Warrant to be directed to the Clerk of the Crown for a Writ to be sent out for a new Election of any Member of the House, ought to be directed from the Speaker, which said Precedents were as followeth, viz.

In Anno 27. Reginae Eliz. Anno Domini 1584. 4^th Decembris, Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hindon, but he chose Chichester; And John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a new Election in Hindon, which bare date the 10^th of December, six days after 27 Eliz.

p. 628Secondly, In Anno 27^o Regin. Eliz. Anno Domini 1584. 21^o Decembr. the Writ bearing Teste 19 February for the same matter, In which the stile of the House is, Knights, Citizens, Burgesses and Barons, quod nota.

Thirdly, Anno praedicto Regin. ejusdem Anno Domini 1584. 19 Febr. when Parry being Burgess of Quecnborough in Kent was Attainted of Treason, A Warrant was directed to the Clerk of the Crown to make a new Writ dated the 19^th day of February aforesaid, in which Warrant under the Speakers own hand was inserted a reason to this effect, viz. because the said Parry is disabled by reason of his Attainder.

Fourthly, In An^o xxvii^o praedict. Regin. Eliz. Anno Dom. 1584. 30 Novembr. Thomas Bodley was Elected Burgess of Portsmouth and also Baron for one of the Cinque-Ports, viz. Hieth, but he took Portsmouth and refused the other; whereupon a Warrant was directed as abovesaid, but no Teste of the Writ was there.

Fifthly, 28^th January 1584. Alexander Pine Esq chosen Burgess for Taunton being Deceased, a new Writ was made. The Writ bare Teste 30^th January.

Sixthly, 3^o Decembr. Anno Domini 1584. John Puckering being Speaker was chosen for Bedford and Caermarthen, and chose Bedford, whereupon a Warrant was made to the Clerk of the Crown for a new Writ, which bare date the 4^th day of December Anno xxvii^o Regin. Eliz. All which Warrants were signed by the Speaker John Puckering.

For the matter between Doctor Awbrey Doctor of the Civil Law, and Mr. William Delabarr Barrester of the Common Law of Lincolns Inn touching the Burgessship of Cardigan in Wales, the Cause stood thus.

Cardigan hath been by antient Precedents ever since the first Year of Queen Elizabeth a Burgess Town, and ever the Return of the Indenture hath been for Cardigan only. Now this Parliament, the Sheriff of the Shire favouring a Town called Aberystwith, after he received the Parliament Writ, sent his Warrants to the Bayliffs of Aberystwith to chuse a Burgess, &c. who chose a Burgess, viz. Doctor Awbrey, and return'd him Burgess for Cardigan and Aberystwith, and shewed in the Indenture the Election to be made by both Towns; And the Indenture was signed with the Sheriffs hand. On the other side the Bayliffs of Cardigan understanding the Writ to be come to the Sheriff, took notice thereof, and without Warrant from the Sheriff made an Indenture and Election of William Delabarr, and sent the same in a Letter to him. M^r Delabarr sought the Sheriff or his Deputy in London to deliver the Indenture of Cardigan, but not finding him, delivered the same to the Clerk of the Crown, paid his Fees, was sworn and admitted into the House till this present day. Now at this Committee for Priviledges Dr. Awbrey came to complain; the Committees found upon Examination of the matter, that the County Court was as well kept at Aberystwith as at Cardigan, alternis vicibus, and that the County Court was to be kept this time at Aberystwith. So when they went to the Conference both Awbrey and Delabarr were desired to depart forth. And upon Consultation these Questions arose; First, Whether the House have Power to Fine the Sheriff, because according to the Statute, he sent not his Warrant to Cardigan; Next, If he be punishable by the Penalty of the Statute; Also if he have pursued his Authority in making his Election in Aberystwith. Which are left with divers other doubts to the discussing of the House the next day, and to the Report of Sir Edward Hobbie or Mr. Sollicitor.

Also in the twenty third of Elizabeth a Warrant to the Town of Hull from the Speaker Popham (now Lord Chief Justice, being then Speaker.)

Sir Edward Hobbie at this Committee said, Awbrey and Delabarr, the one a Civil, the other a Common Lawyer; That he might say to them as the Duke of Millain said of the Thief, It is no matter, whether goes first, the Hangman or the Thief.

The Town of Harwich in Essex and Newtown in the County of Southampton have returned Burgesses this Parliament, which they never did before.

Thus far out of the aforesaid private Journal. The ensuing days Passages do follow out of the Original Book it self.

On Friday the 6^th day of November, Three Bills of no great moment had each of them one reading; of which the last being the Bill to avoid divers misdemeanors in base and idle Persons, was read the first time.

Mr. Dr. James being a Committee in the Bill against Drunkenness, which was committed on Wednesday the 4^th day of this instant November foregoing, declared the meeting and travel of the Committees and their framing of a new Bill to that purpose, and so delivered in both the old and the new Bill.

Three Bills also had each of them one reading; of which the last being the Bill for the better keeping of the Sabbath day was read the third time and Ordered to be referr'd to the former Committees (whose names see on Wednesday the 4^th day of this instant November foregoing) for the framing of a new Bill; And Sir Robert Wroth, Mr. Sollicitor, Mr. Wingfield, Mr. Glascock, Mr. Henshaw, Mr. Johnson and Sir William Wray were added to the said former Committees, to meet this day in the Afternoon at two of the Clock in the Exchequer Chamber.

Two Bills lastly of no great moment had each of them one reading; of which the first being the Bill against false Returns, and not returning Writs by Warrant by Sheriffs and Bayliffs, was read the third time and dashed upon the question.

On Saturday the 7^th day of November, the Bill that the Lord Marquess of Winchester may dispose of his Lands whereof he is Tenant in Tail as other Tenants in Tail by the Laws and Statutes p. 629of the Realm may do, a private Statute made 27 Henr. 8. to the contrary notwithstanding, and for Confirmation of a Partition heretofore had before the late Lord Marquess of Winchester Deceased, and the now Lord Mountjoy, by Vertue of a Statute made in the last Parliament, was read the first time.

The Bill for the better setting of Watches was read the second time and committed unto Sir George Moore, Sir Robert Wroth, the Knights and Citizens for London and Westminster, M^r Wiseman and others, who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Middle-Temple Hall.

The Committees for Returns and Priviledges (whose names see on Saturday the 31^th of October foregoing) were appointed to meet upon Wednesday next.

The Bill to avoid divers misdemeanors in base and idle persons was upon the second reading committed unto the last former Committee in the Bill for setting of Watches, and M^r Johnson was added unto them; And the Bill was delivered unto Sir Robert Wroth one of the same Committee, and M^r Serjeant Harris to be exempted out of the Committee, because he spake against the body of the Bill, according to the antient Order in Parliament.

The Bill against Drunkards and Common Haunters of Alehouses and Taverns was read the second time and committed to the former Committees for the Sabbath (whose names see before on Wednesday the 4^th day of this instant November foregoing) and to the Committees for Drunkenness (who were appointed on the said 4^th day of November) And there were added unto them M^r Francis Darcy and M^r Francis Moore, who were appointed to meet upon Friday next at two of the Clock in the Afternoon at the Middle-Temple Hall.

The Bill for suppressing of deceits used in Weights and Measures was read the second time, and upon the question for ingrossing, dashed.

Upon a Motion made by Sir Edward Hobbie a Member of this House, that where one ..... Woodall, Servant and Attendant upon William Coke Esq return'd into this present Parliament one of the Burgesses for Westminster, was Yesterday Arrested at the Suit of one Robinson Citizen of London, upon a Bill of Middlesex, and committed into Newgate, London, to the great indignity and contempt of the Priviledges and Liberties of this House, That the Serjeant of this House should be presently sent into Newgate to bring the said Woodall now Prisoner there unto this House this present Forenoon, sitting the Court. And after some short space of time he was accordingly brought into this House from Newgate; and being at the Bar with his Keeper attending upon him, he was by Order of this House discharged from his said Keeper and from his said Imprisonment, and delivered unto his said Master, to bring him again upon Monday next unto this House; with further Order unto the Serjeant, to bring or cause the said Robinson to come into this House upon Monday next to Answer the said contempt, and to abide the further Order and resolution of this House therein accordingly.

Upon a Motion made by Sir Francis Hastings a Member of this House, complaining of some abuse offered unto him and sundry other the Members of this House Yesterday, by the lewd misdemeanors of Pages and other unruly persons upon the outer stairs in the passage into this House, shewed, that he then seeing the said disorders, thought it fit to lay hold of one of that disordered Company, such a one as he could, and so apprehended one Rowland Kendall as an Agent in these misdemeanors, who being brought unto M^r Speaker, was committed Prisoner to the Serjeant of this House: And in the end moved, that he may be remitted upon his humble Submission unto this House, and with that punishment which he hath already sustained since Yesterday by Imprisonment (if this House shall so think meet) the rather because he cannot directly charge him in the particular, but that he was amongst the said disordered Company. Whereupon the said Kendall was brought to the Bar by the Serjeant, and was after his humble Submission, sequestred until the House should further resolve therein. And then afterwards being brought again to the Bar, upon his humble Submission as aforesaid, was discharged, after Admonition given unto him (for his behaviour hereafter) by M^r Speaker at large.

Thus far out of the Original Journal-Book of the House of Commons touching this Forenoons Passages; Those of the Afternoon are transcribed out of the often mentioned private Journal.

Post Meridiem.

In the Afternoon the same day at the Committee in the House touching the Subsidy,

Sir Walter Raleigh moved the House to consider to what intent they came together, and now in their coming what was to be considered. For the Subsidy and the manner and quality thereof I will now only intimate thus much unto you, That the last Parliament, only three Subsidies were granted, upon fear that the Spaniards were coming; but we see now they are come, and have set foot even in the Queens Territories already, and therefore are the more of us to be respected and regarded. And seeing the sale of her Highness's own Jewels, the great Loans the Subjects have lent her, yet unpaid, the continual selling of her Lands and decaying of her Revenues, the sparing ever out of her own purse and apparel for our sakes will not serve, but yet she must be fain to call her Court of Parliament for our advice and aid in this Case, I wish for my own part (as a particular Member of this Common-Wealth) that we may not do less than we did before; And that we also would bountifully according to our Estates, contribute to the necessity p. 630of her Majesty, as now it standeth.

M^r Wiseman after a discreet and judicious Speech made touching Gods protecting us for Religion sake or peace and quietness, the safety of her Majesties person, the great victories we have had, the greatness of Neighbouring Princes raised only by her Majesty, so that she hath spent, as it was said by Sir Walter Raleigh, so much, that now she is fain to desire the help of her subjects; Let us therefore draw to some head and leave our Orations and Speeches fitter for a Parliament than for a Committee. We are to consider only what is fit to be given; And as for my part as a poor Member and one of the meanest in this House, I will be bold to deliver mine opinion first, because some must break the Ice. Three pound Land and under to pay two shillings eight pence in the pound, and five pound goods and under to pay one shilling eight pence in the pound, and double Tenths and Fifteenths assoon as may be. Although I may seem over bold, being but a Rural and Countryman, to speak even out of my Element in this Case; Yet I do heartily crave pardon of all, beseeching that neither my unaptness or disorder of Speech, nor the unworthyness of my Person may prejudice the Cause.

Sir Robert Wroth, that four pound Land full Subsidy, and six pound goods full Subsidy might be paid to her Majesty.

Sir Francis Hastings moved, that three pound men might be exempted, and all others above that rate to pay according to the rate to make up a full Subsidy.

M^r Philipps moved, that the four pound men might be exempted, and four Subsidies received from the Rich, which should be termed a Contribution, because it might make no innovation.

Sir Walter Raleigh said, If all pay alike, none will be agreived; if any be exempted, doubtless it will breed much grief, and the feeling will be great to those three pound men that will feel any thing, but it will be nothing to them that know any thing.

Sir Edward Hobbie said, We cannot hear you speak out, you should speak standing that so the House might the better hear you. So Sir Walter Raleigh said that being a Committee, he might speak either sitting or standing, and so repeated over again the former Speech.

M^r Secretary Cecill said, Because it is an Argument of more Reverence, I chose to speak standing. As long as the Queen by the advice of her Council did find means to spare you, so long she ever desired that her Subjects might not be charged: But if her Majesty assoon as the last Subsidy had been spent, should have again resorted unto you, I do assure you this Parliament had been called in October last. Now if upon providence and foresight, you did contribute unto her Majesty; much more should we now do the same, seeing a resolute Company of Souldiers have intrenched themselves in her Majesties Kingdom of Ireland, and more Supplies thither are daily expected. It is time to open our Coffers, that we may obviate in the beginning these few Forces of the Spaniards, lest growing to greater Forces we cannot expel them with less than five hundred thousand pound, which we may now do with one hundred thousand in present. If there be any that sits next the Door that desires to sit next the Chair to give his opinion, I will not only give him my place, but thank him to take my charge.

This was conceived to be Sir Edward Hobbie, who coming to sit near the Chair and not giving him place, sate next the Door.

We that sit here, for my part, take your favours out of courtesy, not out of duty; but to the purpose. The Queen hath occasion to use, as divers in this House do know, three hundred thousand pound before Easter, how this shall be raised and gathered, that's the question; for without this proportion of charge, neither the Spaniards in Ireland can be repell'd, and the Wars there maintained, neither her Majesties other affairs be set on foot, neither provision sufficient can be set on foot or made from defence of Foreign Invasions. Admit with a less charge we should now expel 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 but a man of shallow understanding and less policy. Surely if we had been of that mind when he had that great overthrow of his invincible Navy in eighty eight, we had been destinated to perdition. For how many changeable enterprises of puissant and great consequence hath he since made? The like, if his Forces in Ireland should now fail, would he do again. And therefore that provision we now make, if he should be expell'd with a less matter, would serve to make defence against his next Invasion of that Kingdom, as also enrich her Majesty to be ready to furnish her Navy and Forces the speedier for her safety. Besides, if he bestow such Masses of 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 worthy person who sits by me, and knows these things better than I do, yield a particular account unto you of the state it self. First, the last whole Subsidy after the rate of four pound Lands and eight groats Goods, came not to above fourscore thousand pounds; the Subsidy of the Clergy twenty thousand pound, the double Fifteenths threescore thousand pounds; All which is eightscore thousand pounds. Since my Lord of Essex's going into Ireland, she hath spent three hundred thousand pound. So the Queen is behind one hundred and forty thousand pound. Thus we refer the matter to your judicious consideration: We only shew you the present state of the Queen and her affairs, wishing no man to look that we should give advice what is to be done, as though you your selves who are the wisdom of the Land, could neither direct your selves, nor upon p. 631these reasons alledged judge of the necessity of the State.

M^r Comptroller, Sir John Fortescue and Secretary Herbert spake all to the like effect; only Sir John Fortescue added this, that what pleased the House in the name of the Subsidy to bestow the same, Her Majesty did and would ever imploy to their uses; so that dying, it might be written on her Tomb, Quòd occupatus vixit, so that she dying liveth still imploying all to the safety of her Subjects. And I beseech you remember, that the Great Turk when he Conquered Constantinople found therein three hundred Millions of Gold; If they, quoth he, had bestowed three Millions in defence of their City, he could never have gotten it. From this Blindness I pray God defend us, that we may not be backward to give four Subsidies to her Majesty, for want whereof in time we may happen to lose that which will not be recovered or defended with a hundred.

So after a few other Conferences and Speeches pro & con, it was concluded, that the House should be certified of the proceeding on Monday, and by general consent the three pound men to be included. And so the House about six of the 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 duplicate page p. 630duplicate page p. 631p. 632common 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 man comes into his Country will be better satisfied when they shall know they have spared no man, nor made any disjunction. It was said by a Member of the House, that he knew some poor people pawn'd their Pots and Pans to pay the Subsidy. It may be you dwell where you see and hear; I dwell where I hear and believe. And this I know that neither Pot nor Pan, nor Dish nor Spoon, should be spared when danger is at our Elbows. But he that spake this, in my Conscience spake it not to hinder the Subsidy, or the greatness of the Gift, but to shew the Poverty of some Sessed, and by sparing them to yield them relief. But by no means I would have the three pound men exempted, because I do wish the King of Spain might know how willing we are to sell all in defence of Gods Religion, our Prince and Country.

I have read when Hannibal resolved to sack Rome, he dwelt in the Cities adjoining, and never feared or doubted of his Enterprize, till word was brought him that the Maidens, Ladies and Women of Rome sold their Ear Rings, Jewels and all their necessaries to maintain War against him. I do take my self in duty bound to acquaint this House with the modesty of the Committee at the Proposition; that where first this House never stuck to commit it, they never stuck (understanding the reasons) to grant it. I do perswade my self, that the bonus genius of this House did not wish a more resolved unity, than we had unity in resolution. And of this great Committee it may be said, de majoribus Principes consultant, de minoribus omnes. Thus by your Commandments have I undergone this Charge, and will be ready to do the like duty whensoever you command me.

Then after Consultation had of the great occasions, it was put to the Question, whether the double Tenths and Fifteenths should be paid by the first day of February, viz. for this fourth Subsidy before the third begin; and that the first payment of the first three Subsidies should be brought in by the 10^th of June, viz. half a Subsidy; And all said Yea, and not one No.

Then was a Motion made by Sir Robert Wroth, that this new Subsidy might be drawn in a Bill by it self, to which should be annext a Preamble of the great necessities, the willingness of the Subject, and that it might be no Precedent; but that would not be yielded unto.

Then M^r Speaker asked the House if they would appoint Committees, so they appointed the Queens Councel and all the Serjeants of the House and no more.

M^r Francis Moore moved that, that which was done might be compleatly done, and the Subsidy gathered by Commission and not by the old Roll; for peradventure some were dead, others fallen to Poverty, others Richer, and so deserved to be inhansed, &c. And withal he said, that the granting of this Subsidy seemed to be the Alpha and Omega of this Parliament.

M^r Wingfield moved the Honourable of the Councel, Members of this House, That seeing the Subsidy was granted, and they yet had done nothing, it would please her Majesty not to dissolve the Parliament till some Acts were passed.

Serjeant Harris said, The Motion of the Gentleman that last spake, is not now to be discussed; we are to speak touching the Subsidy.

M^r Francis Bacon after a Repetition of some of what was done Yesterday, that the three pound men might not be excluded, he concluded, that it was Dulcis tractus pari jugo, therefore the Poor as well as the Rich not to be exempted.

Sir Walter Raleigh said, I like not that the p. 633Spaniards our Enemies should know of our selling our Pots and Pans to pay Subsidies; well may you call it Policy, as an Honourable Person alledged; but I am sure it argues Poverty in the State. And for the Motion that was last made of Dulcis tractus pari Jugo, Call you this par jugum, when a poor man pays as much as a rich, and peradventure his Estate is no better than he is set at, or but little better; when our Estates that be thirty pound or forty pound in the Queens Books, are not the hundred part of our Wealth? Therefore it is not Dulcis nor pari.

M^r Secretary Cecill, That now seeing one of the weightiest matters and causes of Calling this Parliament was agreed upon, he doubted not but we should have both a quick Parliament and speedy payment. But for that the Gentleman said on my right hand, that the Subsidy was the Alpha and Omega of this Parliament, I think he spoke it not simply out of humour, but rather upon probability; for I can assure you her Majesty is as respective over you touching her Laws, which she desireth may be perused and amended, that she meaneth not to Dissolve this Parliament till some things be amended. For that, that I said touching the Spaniards knowing of our sale of our Pots and Pans and all we have to keep him out, which should be a matter of Policy, to which the Gentleman on my left hand (Sir Walter Raleigh) took Exceptions, I say it is true, and yet I am mistaken: I say it is good the Spaniards should know how willing we are to sell our Pots and Pans and all we have to keep him out; Yet I do not say, it is good he should know we do sell them: that is, I would have him know our willingness to sell (though there be no need) but not of out Poverty in selling, or of any necessity we have to sell them, which I think none will do, neither shall need to do. Then all the House cryed No, No, as much as to say, no man did so.

Sir Arthur Gorge moved, that it would please the Council that Order might be taken that Justices of the Peace might be Sessed according to the Statute, viz. at twenty pound Lands, whereas there be few Justices that be above eight or ten pound by M^r Secretary noted in his Table Book.

Then Serjeant Heyle stood up and made a Motion, saying: M^r Speaker, I marvel much that the House will stand upon granting of a Subsidy, or the time of payment, when all we have is her Majesties; and she may lawfully at her Pleasure take it from us; Yea she hath as much right to all our Lands and Goods as to any Revenue of her Crown. At which all the House hemm'd, and laughed and talked. Well quoth Serjeant Heyle, all your Hemming shall not put me out of Countenance. So M^r Speaker stood up and said, It is a great disorder that this should be used; for it is the antient use of every man to be silent when any one speaketh; and he that is speaking should be suffered to deliver his Mind without interruption. So the said Serjeant proceeded, and when he had spoken a little while, the House hemm'd again, and so he sate down. In his latter Speech he said, he could prove his former Position by Precedent in the times of Henry the Third, King John, King Stephen, &c. which was the occasion of their Hemming.

M^r Monntague of the Middle-Temple said, that there were no such Precedents; and if all Preambles of Subsidies were looked upon, he should find it were of Free Gift. And although her Majesty requireth this at our hands, yet it is in us to give, not in her to exact of Duty. And for the Precedents there be none such, but touching a tenth Fleece of Wooll, and a tenth Sheaf of Corn that was granted to Edward the Third at his going to the Conquest of France, because all the Money then in the Land to be levyed by way of Subsidy, would not be any way answerable to raise that great Mass he desired. And so having these Tenths he sold them to private men to gain that Subsidy, and so raised Money to himself for his Enterprize.

Thus far out of the said private Journal; the residue of this dayes Passages that follow, and those also of the day ensuing are transcribed out of the Original Journal-Book it self of the same House.

The Queens Learned Councel and all the Serjeants at Law being Members of the House (after the foregoing long dispute touching the Subsidy and the conclusion thereof) are appointed by the House to draw into the form of a Bill the Articles agreed upon by the Committees for the Subsidy; and also the days of payment agreed upon by the said House this present day; and Ordered to meet at their Pleasures as often as they shall think sit from day to day and from time to time. Vide plus de ista materia December 5. Saturday postea.

On Tuesday the 10^th day of November, Five Bills had each of them one reading; of which the last being the Bill against blasphemous Swearing was read the second time and committed unto Sir Francis Hastings, Sir Robert Wroth, Sir George Moor, Sir Thomas Leighton and others, who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon.

The Bill for uniting and consolidation of certain small Churches in the City of Exeter was read the second time and committed unto Sir Walter Raleigh, Sir Francis Darcie, M^r Sollicitor, M^r Serjeant Heyle, M^r Secretary Harris, all the Doctors of the Civil Law and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Middle-Temple Hall.

Robinson Citizen of London was brought to the Bar by the Serjeant and charged by M^r Speaker in the name of this House with his offence in procuring to be Arrested one Wooddall Servant Attendant upon William Cooke Esq a Member of this House, to the great contempt, indignity and prejudice of this whole House. And p. 634the Members thereof: being asked what he could say for himself for his defence, answered, that he was heartily sorry for that he had given any cause of offence unto this House, most humbly craving Pardon for the same; And most confidently protested and affirmed, that he knew not, nor ever heard before the said Arrest made, that the said Wooddall was Servant or belonging to any Member of this House, but had delivered the Warrant by which he was Arrested, unto the Officer long before the Parliament began. Whereupon after some Speeches had therein he was by the Order of this House discharged, paying his Fees to the Serjeant and Clerk.

Two Bills also had each of them one reading; of which the second being the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inwards and Outwards, was upon the second reading committed unto all the Privy-Council and Learned Councel being Members of this House, the Knights and Citizens of London, Sir Walter Raleigh and others; And the Bill was delivered to M^r Secretary Herbert, who with the rest was appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon, and all her Majesties Customers and Officers appertaining to the Custom-House, and other Merchants to have warning to be then and there present to attend the Committees.

On Wednesday the 9^th day of November, M^r Snigg made Report of the meeting of the Committees and of their travel in two Bills, viz. That the Plaintiff in Writs of Error shall give good Bail, brought in with some Amendments and Alterations; and the other against fraudulent Administration of Intestates goods, without any Amendments. And so delivereth them in and prayeth the reading.

The Amendments in the Bill that the Plaintiffs in Writs of Error shall give good Bail were twice read. And also the Bill against Intestates Goods were Ordered to be ingrossed.

Three Bills had each of them one reading; of which the last being the Bill for the Inhabitants of Rachdale in the County of Lancaster, was read the second time and committed unto M^r Francis Moore, M^r Holcroft, the Knights for Lancaster, M^r Hancock, M^r Beeston and others, who were appointed to meet upon Wednesday next in the Middle Temple Hall at two of the Clock in the Afternoon.

Three Bills had each of them one reading; of which the last being the Bill for abbreviation of Michaelmas Term was read the second time; and upon the question whether it should be committed or no, the Knights and Citizens of London were against it. And therefore upon the nominating of the Committees it was doubted and questioned whether they could be admitted into the said Committee or no. Which dispute because it is omitted in the Original Journal-Book of the House of Commons, is therefore supplied out of that often before-cited private Journal of the same House.

Sir Edward Hobbie spake first and said, that it was against the Order of the House to admit the Knights and Citizens of London to be of the Committee, because they had given their Voice already against the body of the Bill.

M^r Secretary Cecill said, I am willing to speak in two respects; the one touching the Bill it self, the other touching the Controversie in the House about the Commitment. Touching the Bill, I dare not upon my own Judgment be so venturous or bold to reject this Bill, unless first it might have a Commitment. For the wisdom of that time when it was first instituted was so apt to look into imperfections, that doubtless if an inconvenience had been but espied, they would streight have avoided it. Therefore in my opinion it is not fit for us to look into the Actions of former Ages, but upon mature and advised deliberation. I do therefore greatly commend the Wisdom of this House in Committing this Bill and others of the like nature, before we reject them. For the other part, though it be a Rule in the House that those against the Bill should be no Committees, yet in a case of so great consequence and so greatly touching the State of the City of London, there is no reason but that they may have their particular Voices as Committees as well as every Member of this House; neither have we reason to exclude them more than any other, especially they being chosen for the most principal City of this Kingdom, which is the Chamber of her Majesty, whom we should the rather respect for her Majesties sake, who doth and will remember their Loyalty and Faithfulness shewed unto her in the late dangerous Action (viz. the Earl of Essex's rising) for which if ever Prince had Cause of thankfulness unto her Subjects, doubtless her Majesty is to confess as much. In my opinion therefore we should do great wrong and purchase great blame at their hands that sent them hither in Trust, if in a matter of this consequence, and so particularly touching the State of this City, we should not admit them Committees.

M^r Wiseman said, that by committing of a Bill the House allowed of the body thereof though they disallowed of some imperfections in the same, and therefore committed it to some chosen men of Trust to reform or amend any thing therein which they found imperfect. And it is to be presumed that he that will give his No to the Committing of a Bill, will be wholly against the Bill. And therefore the House allowing of this Bill to be committed, are (in my opinion) to disallow any that will be against the body of the Bill for being Committees.

M^r Comptroller said, he was of opinion, for the reason before alledged, that they ought to be Committees, but he moved another question, Whether a Committee speaking against the Bill at the Commitment, may also speak at the ingrossing thereof in the House, and have his free Voice.

Sir Edward Hobbie said, that may be resolved p. 635upon by many Precedents. And for mine own opinion, I think that he that is against the body of the Bill can be no Committee; And he that being a Committee speaketh against the Bill, may also speak hereafter in the House.

Mr. Fulk Grcvil said, That a Committee was an artificial body framed out of us who are the general body; And therefore that which is spoken at the Committees, evanescit, it is gone, when the body which is the Commitment is dissolved; and then every particular Committee is no more a part of the artificial body but of us the general body, when he hath his free voice as though he had never spoken before.

Then Mr. Speaker stood up and said, I will propound two questions; The first, if when a man hath spoken against the body of the Bill, he may be a Committee; The second, whether any Member of this house after having been a Committee in any Bill, may afterwards speak in the Negative part against the said Bill. Now, quoth he, I will propound the first question: All they that will have a Man that hath been against the body of the Bill to be a Committee, let them shew their opinions by saying Yea; and not one said Yea. All they that will not, say No; All said No. So he did for the second question, and not one said No, but all Yea. Which said Order and resolution was appointed by the House to be entred for a future Precedent accordingly.

Then he put it to the question, whether they of London notwithstanding this Order, in respect this Commitment greatly concerneth the State of the City, should be Committees. And the Yeas were greater than the Noes. And thereupon the said Knights and Citizens for London were nominated with the other Committees, whose names are now here in the next place inserted out of the Original Journal-Book of the same House in manner and form following.

All the Privy Council and all the Queens Learned Councel being Members of the House, All the Serjeants at Law being of this House, Sir George Moore, Sir Thomas Conisbie, Sir Charles Cavendish, Sir Michael Sands, Sir Edward Hobbie, Sir William Wray, the Knights for the Twelve Shires of Wales, the Knights for Cornwall and Devonshire, the Burgesses for the Borough Towns beyond Trent, the Burgesses for Lancaster, M^r Wingfield, M^r Thynne, M^r Fulke Grevill, Sir John Egerton, Sir Francis Hastings, M^r Carew, M^r Francis Moore, M^r Maynard, M^r Varney, M^r Swaine, Sir Robert Wroth, Sir Jerom Bowes, Sir Molle Finch, Sir Francis Darcy, the Knights and Citizens for London, M^r Barrington, M^r Hancock, M^r Tate and M^r Thomas Jones. And the Bill and Committees names were delivered to M^r Fulk Grevill, who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.

On Thursday the 12^th day of November, Five Bills of no great moment had each of them one reading; of which the last being the Bill to avoid trifling and frivolous Suits in Law, was read the second time and committed unto M^r Lashbrooke, M^r Hubbard and others, who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock.

The Bill against Common Sollicitors, &c. was read the second time and committed to the last former Committees, who were appointed to meet at the same time and place.

The Bill against fraudulent Administration of Intestates goods, and the Bill for avoiding of unnecessary delays of Execution upon Judgments, were each of them read the third time and passed upon the question, and were sent up to the Lords by Mr. Comptroller, Mr. Secretary Herbert and others.

Two Bills also of no great moment had each of them one reading; of which the first being the Bill for Denization of certain persons born beyond the Seas was read the second time and Ordered to be ingrossed.

John Baker was brought to the Bar and charged by Mr. Speaker in the name of this House, with contempt committed by him against the Liberties and Priviledges of this House in Arresting of one ..... Wooddall servant unto William Cooke a Member of this House; who answered, that he knew not, that the said Wooddall did belong unto the said Mr. Cooke or unto any other Member of this House: and was by the Order of this House committed to the Serjeant's Custody until to Morrow, at which time the House hath appointed to take surther Order therein.

The Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents from her Highness to others, was read the second time and committed unto all the Queens Privy Council being of this House, Mr. Francis Moore, Mr. Tanfield and others; And the Bill and Committees names were delivered to Mr. Secretary Herbert, who with the rest was appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bills formerly appointed to have been sitten upon in Committee upon Saturday next, are deferred until Monday in the Afternoon.

On Friday the 13^th day of November the Bill for the restraining of Butchers in and about the City of London from selling, and covetous Ingrossers from buying of Fells and Sheep-Skins, &c. had its first reading.

Two Bills had each of them one reading; of which the second being the Bill or Petition of Cloth-workers had its first reading.

Mr. Johnson made Report of the meeting and Travel of the Committees in the Bill for punishment of idle and base persons, with certain Amendments.

The Bills and Committees names touching trifling Suits and against common Sollicitors were delivered to Mr. Boyce.

The Amendments in the Bill for punishment of Offences in base and idle Persons were twice read, p. 636and with the Bill Ordered to be ingrossed.

Two Bills also had each of them one reading; of which the second being the Bill concerning matters of Assurances used amongst Merchants was read the second time, and Committed unto all the Privy Council being Members of this House, all the Doctors of the Civil Law likewise of this House, Sir Walter Raleigh and others, who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon.

John Baker was brought to the Bar by the Serjeant and charged by Mr. Speaker with his offence, &c. was asked what he could answer for himself. Upon his humble submission made, earnest protestations of not knowing the said Wooddal to pertain to any Member of this House, and being Sequestred until the House had considered of the same, he was again brought to the Bar and by Order of the House discharged paying his Fees. Vide concerning this matter on Yesterday immediately foregoing.

Thus far out of the Original Journal-Book of the House of Commons; the residue of this dayes Passages are inserted out of the private Journal.

M^r Hugh Beeston stood up in the lower end of the House and said, M^r Speaker, We that be here cannot hear you that be above, I would it would please them that speak there to speak louder. Also I am to certifie you, that I am here for a Town, but not for mine own Country of Denbighshire or for any part thereof; but if I should not speak somewhat for my Country, I dare never go thither again. Therefore I heartily beseech you, M^r Speaker, That the House may be resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess, for they cannot but find themselves grieved for want of the Election. But what is done I know not.

M^r Secretary Cecill said, Because I was the Reporter of the stay of the Election, as also of the proceeding. I will now also certifie you, that there was Order taken for the sending out of a Warrant for the Election; but what is done therein, I know not.

M^r Speaker said, I gave Warrant to the Clerk of the Crown according to the antient form to send out a new Writ, who answered me that the Lord Keeper desired to have the Warrant directed to him for a new Writ and for his Warrant for sealing thereof, so that nothing is done therein.

Sir Edward Hobbic said, There is no Court that doth not observe his Rites and follow his Priviledges, much more this High Court of Parliament being the greatest, and Commander of all other Courts, doth and ought to observe the same most strictly; And all the Precedents which I have seen and observed touching this point have ever gone to the Clerk of the Crown and to none other. And therefore I take it, that course ought inviolably to be observed.

Sir George Moore said, I agree with the Gentleman that last spake, that Precedents ought to be observed; but yet not altogether, upon urgent occasion or by necessity of time: knowing this, I take it my duty to inform you, if any alteration have been, it proceeded from the imperfection of a Speaker. It was well observed by an antient Member of this House, that no Conserence with the Lords touching a Subsidy should be had: Yet that Rule hath been altered in late Parliaments by reason of special Causes. So do I think it would be more Honourable to this House to direct our Warrant to the Lord Keeper, than to any inferiour Minister in the Chancery.

Sir Francis Hastings said, By the leave of your Honourable Favours, I will shew you that I my self was Yesterday with the Lord Keeper, and how Honourably I heard him speak of this House; that he desired nothing more than to shew the duty and love he beareth us, as also himself would be our immediate Officer, and would be willing and glad to receive a Warrant from us, so it might be directed to him for his discharge, be it in what terms soever we pleased. And he said, he doubted not, but if this Honourable House knew so much, they would rather chuse him than any other for their Minister. Thus much I thought good to certifie this House of, which being spoken in private unto me, I now deliver in publick unto you for my own advice. I think nothing can be more Honourable unto this House, than to have a Person of so great Estate, to whom we may direct our Warrant as to our Minister.

M^r Francis Bacon said, It is far more Honourable for this House in my opinion, when our Warrant shall move the principal Member of Justice, than when it shall command a base petty or inferiour Servant to the Clerk of the Crown, or the Clerk of the petty Bag. It will be said, that our Warrant Emanavit improvidè, when we shall direct our Warrants to these base Officers, when we may move the Great Seal of England by it, even as soon as either petty Bag or petty Officer.

M^r Speaker said, I was and ever am Zealous and Jealous of the Priviledges and Orders of this House. I was commanded by you to send forth a Warrant for the Election of a Knight and Burgess; I found a resolution, that during the time of the sitting of this House, the Speaker for a new Election is to make a Warrant directed to the Clerk of the Crown: so that in my doing thereof I hope I have done rightly.

M^r Secretary Cecill said, I hope I shall move unto you a Conclusion which will end this Controversie, and in the mean time a saving to all persons. I mean not to second my former Error, for which I was excepted unto; that is, that M^r Speaker or any Member should attend the Lord Keeper; but that four might be Assigned by this House to go to the Lord Keeper. I say to go (as if he should have said, mark. I say not to attend) to the Lord Keeper to know the p. 637cause of the stay, as also his request unto this House: And that other six might be Assigned to call before them the Clerk of the Crown, the Clerk of the petty Bag and the Clerk of this House, with their Precedents and Books to see to whom this Warrant hath in former times been directed, and whether the Priviledges in former Ages have danced a Pavin to and fro, and according to the time have been altered. This to be done this Afternoon, and to certifie this House to Morrow, and then we to make a determinate resolution.

To which all said, A good Motion.

M^r Holcroft of Cheshire said, May it please you, M^r Speaker, the County day for Denbighshire is on Thursday next, and therefore there had need be speed made, otherwise there can be no Election this Parliament.

M^r Speaker said, Will it please you to name the six Committees, so the House named Sir Edward Hobbie, Serjeant Harris, Sir Francis Hastings, &c. The Speaker likewise said, Will it please you to name the four to go to the Lord Keeper, so the House named Secretary Herbert, Sir Edward Stanhop, Sir Edward Stafford and M^r Fulk Grevill.

Thus far out of the aforesaid private Journal. The next dayes Passages do now follow in part out of the Original Journal-Book it self.

On Saturday the 14^th day of November, M^r Cotton a Member of this House moved for the receiving of two Bills, which he then offered to the consideration of the House, and were accepted accordingly; but were not then read by reason of sundry occasions of lett, and for that also M^r Speaker had not perused them.

Three Bills also had each of them one reading; of which the third being the Bill that Edward Markham may dispose of his Lands as other Tenants in Tail lawfully may do, was read the second time, and committed unto Sir Robert Wroth, Sir Moyle Finch and others, who were appointed to meet upon Friday next at two of the Clock in the Afternoon in the Court of Wards, and the Parties whom it concerneth to bring their Evidences and Writings to the Committees.

One other Bill touching making of Cloathes was read primâ vice.

M^r Johnson informed the House, that sundry Members of this House have been served with Subpoena's, viz. Edward Mountague Esq to appear in Chancery upon the 6^th day of this instant November ad respondend. Will. Riddlesden; upon Sir Michael Sandes to appear in the Kings-Bench ad testificand' die Veneris prox' post Crast' Sancti Martin. at the Suit of John Stow; upon Goddard Pemberton to be in the Chancery, vii^o die Novembr. ad Sect. Will. Wood. Whereupon the Serjeant was appointed to bring unto this House the persons that served or do prosecute the said Subpoena's, to Answer in this House for their said Contempts.

Thus far out of the Original Journal-Book of the House of Commons; the further dispute of this business and the residue of the Passages of this day are in the next place supplied out of the often before-recited private Journal of the said House.

The said M^r Johnson after he had vouched the aforesaid precedent instances touching other Members of the House that had been served with several Subpoena's, certified the said House further thus much, that the Informer came to his Lodging this Morning as he was coming out of his Door and asked for him; he told him he was the man. Then said the Informer, The Queen Greets you well. What's this quoth I? A Subpoena quoth the Informer, and I charge you to appear upon it according to the Contents. Then I told him that I was of this House and could not attend. He Answered me again, there it is, I care not, look you to it at your peril.

M^r David Waterhouse stood up and shewed, that that Subpoena came out of his Office, and further shewed the necessity of obeying of it, for that a Cause for want of Witnesses might be lost; therefore the hearing being appointed at a day certain, the Client might peradventure be undone if he should not have this Subpoena ad testificandum in due time both served and appeared unto.

Sir Edward Hobbie alledged divers Precedents touching this point, as 10 February 27^th Eliz. M^r Kerle served one Roger Stepney with a Subpoena into the Star-Chamber, and for this he was adjudged to the Serjeants keeping for six dayes, and to pay five Marks Charges: And 25 March 27 Eliz. M^r Crooke served a Member of this House with a Subpoena into Chancery, and for so doing was adjudged to give a Copy of the Bill, twenty shillings for Charge, and was Committed.

M^r Wiseman said, notwithstanding the Allegations and excuse of the Gentleman that spake in favour of the Subpoena ad testificandum, I think it deserveth no less favour than the other: For if the necessity of the Cause were such that he must needs be served and spared out of this House, the party ought to ask leave of the House, or at least of the Speaker, or intreat him to relate the same to the House.

Sir George Moore said, I think as the Gentleman that last spake, for the like Subpoena being brought the last Parliament, it grew to a question, whether it were an impeachment to the Priviledge of the House; And after some dispute, an antient Member of this House shewed divers Precedents how that the minds of the Members of this House ought to be freed as well as their bodies. Whereupon two Members were sent to require the Lord Keeper to reverse that Subpoena, &c. He also spake of a Quo Warranto for the Liberties of the Black-Fryars withheld, but to what purpose ignoro.

Then it grew to a question, whether a Burgess of a Parliament may be served with a Subpoena ad testificandum; And it was concluded that he could not.

So after this dispute they agreed, that the Serjeant p. 638should be sent to Arrest all those to appear that had procured the Subpoena's aforesaid, to Answer their contempts with all speed.

Sir Francis Hastings stood up and made a relation of the proceedings which he with the other Committees had made according to the Commandment of the House the day before. He said, We called before us the Clerk of the Crown, the Clerk of the petty Bag, and our Clerk of the Parliament.

The Clerk of the Crown shewed us sive Warrants and one Order, all one Course and one form, and all in the 27 Eliz. Three of the Warrants were directed to the Clerk of the Crown, two without direction; and he shewed us Writs without Warrant. Then we called the Clerk of the petty Bag, who would shew us no Warrant but only a Record of Writ in his Roll of 39 Eliz. only he said (but we heard him not) that Warrants had been granted to the Clerk of the petty Bag. The Clerk of the Parliament shewed unto us two Precedents of 5 Eliz. and of 13 Eliz. every one without direction, but with these words or to the like effect as I take it, [It is required such and such a thing be done.]

Sir Edward Hobbie said, Because the truth hereof may be made more plain, and that it pleased you to command my unworthy self to attend Yesterdays Service, I will under favour of the Gentleman that last spake, make a Repetition ab origine, a little longer than he did, for your satisfactions of this Cause and our pains. It pleased you to depute six to this service, five attended. The Serjeant at Law (Serjeant Harris) of whose furtherance we best hoped, deceived both your and our expectations. The Clerk of the petty Bag, the Clerk of the Crown and the Clerk of the Parliament attended us. The Clerk of the Parliament delivered unto us a fair Record containing a Writ sent out sedente Parliamento (for so are the words) it was for the Knights of Yorkshire and Lancashire, and this was all he could shew; only he said, an old Officer would be sworn, there were more, but lost by Garth's decease. The Clerk of the Crown dealt with us two ways, The First by way of experienced Officers, The Second by way of Precedent. For the First, one Stephen Brown was brought forth before us who hath been an Officer in the Crown-Office these thirty six years: And being asked if he knew how Warrants were directed, he answered, that in the time of the Lord Keeper Bacon, he that was Speaker of this House directed them to the Clerk of the Crown: Being further asked, if they were impugned; he Answered, No. Being asked, where these Warrants were kept; he said, on the Labels in the House. The said Clerk shewed us sive Precedents and one Order, the rest were lost by M^r Watson's death, as the other Precedents were by the death of M^r Garth, the Clerk of the Parliament of the 13^th of Queen Elizabeth, when Sir Christopher Wray was Speaker: As also One Order dated 18^th of March 1580. die Sabbathi, that a Warrant should be directed to the Clerk of the Crown to chuse a new Burgess for Norwich instead of one Beamont, the words whereof were, It is required of the Knights, Citizens, Burgesses and Barons, &c. As also another Order dated die Sabbathi 18^o Martii 1580. in these words, It is further agreed upon and resolved by this House, that during the time of sitting of this Court, there do not at any time any Writ go out for the chusing or returning of any Knight, Citizen, Burgess or Baron, without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Ancient Jurisdiction and Authority of this House in that behalf accustomed. And another Warrant subscribed Henry Gates and Will. Fleetwood who were Committees in examination of a Cause touching Henry Bermaker and Anthony Wilde, the effect whereof was, That forasmuch as they were Arrested into the Kings Bench, whereas we find them priviledged as Members of this House, a Warrant was directed to the Clerk of the Crown for making Writs of Priviledge as aforesaid. Dated from Westminster the sixth day of December. Therefore for mine own opinion and according to these Precedents, I think they ought to be directed to the Clerk of the Crown.

Sir George Moore stood up and shewed a Precedent dated on Friday the second day of March 35^o Eliz. where a new Writ was to be Awarded out concerning M^r Fitzherbert, and all Writs of priviledge to come from the Chancery; And the Speaker made a new Warrant to the Lord Keeper to make a new Writ. In the like case both touching Southwark and Melcombe Regis; for I think the Warrant ought to be directed to the Lord Keeper.

M^r Pate of the Middle-Temple shewed that Ratio Legis was Anima Legis; And he that presents a Precedent without a reason, presents a body without a soul. There is a difference in Writs; there are Brevia ex gratia speciali and Brevia cursoria: And therefore when the Warrant hath gone from the Speaker to the Clerk, it hath caused the Writs of course by the Lord Keeper.

M^r Secretary Herbert shewed how that he with other three by their Commandments had been with the Lord Keeper whom he found most Honourably to entertain and receive both him and the rest: And that his Lordship did greatly respect both the majesty and gravity of this Assembly, and said, that he woud be loth to derogate any thing from either: Notwithstanding he hoped and prayed that if any further Precedents had improvidently gone from this House, or contrary to the most antient usage, that we would now settle our resolution, and stablish and decree that which might be a sufficient Warrant unto him to put in Execution our Commands, and also increase the Majesty and Honour of this House, which he most heartily wished might ever continue. And for my part, thus much I can assure you, that we cannot wish him to be more Honourable or more agreeable to this House than we found him.

p. 639Henry Doyley of Lincolns-Inn said, M^r Speaker, I take it there is a Precedent this Parliament which will decide this Controversie. For an Honourable Person of this House being chosen with my self Burgess for Wallingford, and also Knight of a Shire, chose to be a Kuight; And a Warrant went from you M^r Speaker, directed to the Clerk of the Crown for the Election of a new Burgess, who is since Chosen and Sworn, and is now a Member of this House, M^r Thomas Fortescue by name.

M^r Flemming said, The Clerk of the Crown is our immediate Officer; he is to be Attendant between the two Doors of the Upper House and Lower House, when any Warrant General is required, he is to subscribe it, to certifie it, &c. he is to convey our minds and Messages to the Upper House, &c. Yea this Warrant is to be directed to him.

Then all cryed to the question.

Then M^r Speaker stood up and said, The Question must stand on three parts, First if the Warrant shall be directed to the Clerk of the Crown; Secondly to the Lord Keeper; Thirdly, if without any direction.

The House after this Speech was in great murmur and very loud; then stood up one and said, M^r Speaker, Let the first Question stand, and then all will be at an end. Then the Speaker said, Shall the first question stand? And all said Yea.

Then he said, All those that will have the Warrant directed to the Clerk of the Crown cry Yea, and all those that will not, cry No. And the Yeas got it a little.

Then he asked if he would have this Order entred of Record, and all cryed Yea, Yea.

Thus far out of the private Journal: Now follows some part of the next days Passages out of the Original Journal-Book it self.

On Monday the 16^th day of November, Five Bills of no great moment had each of them one reading; of which the first being the Bill for enabling Edmund Mollineux Esq to sell Land for the payment of his Debts; And the last being the Bill for reformation of abuses used in buying and selling of Spices and other Merchandizes, had each of them their first reading.

Thus far out of the Original Journal-Book of the House of Commons; the residue of this days Passages for the most part is transcribed out of that often before-mentioned private Journal.

M^r Henry Doyley a Barrester of Lincolns-Inn made a Motion and said, M^r Speaker, I think my self bound in Conscience to certifie you of an Infamous Libel that is newly Printed and spread abroad since the beginning of this Parliament; Saving your presence, M^r Speaker, It is called An Assembly of Fools. I desire that the Printer that Printed it may be sent for; he dwelleth over against Guildhall-Gate.

The House wondred much at this Motion, and great murmuring there was; At last the Speaker asked him where the Book was, and where he saw it.

He Answered, In the hands of one Mr. Henry Davies his Clerk of Lincolns-Inn, but the Clerks name he knew not. The Serjeant upon Consultation was sent for Mr. Davies and his Man into the Hall. After a while they came up, and notice being given thereof, the Man only was sent for into the House, who being asked what was his name; he said it was John Baker: being asked of whom he had the aforesaid Book; he said of Jeremy Gouge of Cliffords-Inn: being asked how long he had had it; he Answered three or four days: being asked if he knew it to be a Libellous and Seditious Book; he Answered that he never knew any such matter in it: being asked where the Book was; he said at his Masters Chamber. Then the Serjeant was commanded to take him forth, and to command one of his men to go with him to Lincolns-Inn to fetch the Book.

Then the Speaker asked if they would have his Master in, but Mr. Doyley stood up and said, Mr. Davies was a very honest Gentleman, and shewed him the Book first, and wished him to complain unto this House. He wished Mr. Davies might be stayed till the Book were brought; and if then it pleased them to send for him into the House, they might, &c. So he was stayed. In the mean time Mr. Davies his man went to the Chamber for the Book, which after it was brought and well scann'd by the Privy-Council, it was found to be a meer Toy, and an old Book Intituled the Second Part of Jack of Dover, a thing both stale and Foolish; for which they said Mr. Doyley was well laughed at, and thereby his credit much impeached in the Opinion of the House. Whereupon Mr. Speaker asked, if they would have Mr. Davies and his Man brought into the House; And all cryed No: Then if they should be discharged, and all said Yea, Yea.

The Bill for redressing certain inconveniences in the Statute of 21 Hen. 8. Cap. 13. Intituled An Act against Pluralities of Benefices for taking of Farms by spiritual men and for Residence, was read the second time and disputed, whether it should be committed, in manner and form following, viz.

Mr. Dunn spake against this Bill and said, it was no reason that men of unequal desert should be equally Beneficed or equalized with the best.

Doctor Crompton amongst many other Speeches wished that Pluralities of Offices might be taken srom the Laity, and then Pluralities of Benefices from the Spiritualty. Also in former Ages, he said, Impropriations were given to the Spiritualty, and then no Pluralities allowed; as also Spiritual men bound by Ecclesiastical Canons of their own from Marriage, so that they might live with far less charge than now they do: But having taken from them first the Impropriations they cannot keep that Hospitality which is required; And next, Marriage being tolerated among them, they living at great charge both of p. 640Wife and Children, one Benefice of small Cure sufficeth not.

Sir George Moore said, He thought the Bill most sit to be committed, it being in the general opinion a good Law, and tending to a good and a religious end; and such is the iniquity of this Age, that for want of a good Law of this nature, many Souls do not only languish but perish everlastingly for want of Spiritual Food. I think therefore, that though there be some imperfections in the Bill, yet the body and parts of it may be amended to every mans satisfaction.

Mr. Lock said, Mr. Speaker, I think bare silence is not an exoneration of a Mans Conscience; the similitude of Offices and Benefices made by the Doctor doth not hold, under favour; for Non est incipiendum cum Laicis, sed incipiendum à Domo Dei; Therefore if they begin first, we shall follow in avoiding Pluralities.

Doctor James said, That it had been said, That Pluralities were the cause of bringing corruption into the Church; but for that, under favour, said he, I think the contrary, because corruption is commonly where Poverty is; but if competent living be given to the Minister, I see no reason why just men should judge there to be corruption. Secondly, It was said, that it would be a means of Preaching the Word; for that I Answer, that if hope of competent living be taken away, it will be a means to make the best Wits refuse the study of Divinity. And therefore an Historian saith well, that Sublatis praemiis corruunt Artes. Consider besides, that in England there are above eight thousand eight hundred and odd Parish Churches, six hundred of which do but afford competent living for a Minister; What then shall become of the multitude of our Learned men? they have no other Preferments unless it be to get some Deanery, Prebendary or such like, which is no easy matter to do, they being so few, especially in this Catching Age. To give the best Scholar but as great proportion as the meanest Artisan, or to give all alike, there is no equality; for inaequalibus aequalia dare absurdum. And this will breed Poverty in the greatest Learned, which is the Mother of Contempt, a thing both dangerous and odious unto Divinity; This must needs enforce Preachers to preach placentia, which is a thing abhor'd even of God himself. A Preacher who is no ordinary person, ought to have an extraordinary reward; for the Canon saith he must be ad minimum Artium Magister, aut publicus aut idoneus verbi Divini Concionator.

Mr. David Waterhouse said, Mr. Speaker, Because my self am an Officer, I mean only to speak of the Doctors similitude of Pluralities of Offices. By the Common Law, an Officer shall forfeit his Office for Non-Attendance; so for a Benefice the Incumbent shall also forfeit. But after, the Statute came which made this toleration upon eighteen days absence; so that now if we set this Statute at liberty again, this shall be no innovation in us, but a renovation of the Common Law. And I will end only with this Caution to the House, that commonly the most Ignorant Divines of this Land be double Beneficed.

Mr. Serjeant Harris said, We seem to defend the Priviledges and Customs of the House, but if we proceed to determine of this Bill, Mr. Speaker, we shall not only infringe a Custom which we have ever observed, viz. to meddle with no matter that toucheth her Majesties Prerogative; but also procure her great displeasure. Admit we should determine of this matter, yet her Majesty may grant toleration with a Non obstante. And, Mr. Speaker, the last Parliament may be a warning to us when the like Bill by us was prefer'd, and the same not only rejected, but also her Majesty commanded the Lord Keeper to tell us, that she hoped we would not hereafter meddle in Cases of this nature so nearly touching her Prerogative Royal.

Mr. Martin spake to this effect: I agree with one that said, Learning should have her Reward; but I say more, that our Souls should have their Spiritual Food; And I do wish, that Divines may have promotion not only with good convenience, but also with good abundance. Though I be Zealous, yet I hope to refrain and restrain my self from that heat, which the heat of my Zeal and love of my Country drew me into very lately, for which I do not only acknowledge my self guilty in your Censures, but also crave Pardon of every particular Member of this House, that heard me, but most especially of him I offended. But touching this Bill Mr. Speaker, and so he spake to the Bill, &c.

After this Speech an old Doctor of the Civil Law spake; but because he was too long and spake too low, the House hawk'd and spat and kept a great coil to make him make an end. Which Speech finished,

Sir Francis Hastings stood up and said, My Masters, I utterly dislike this strange kind of course in the House, it is the antient usage that every man here should speak his Conscience, and that both freely and with attention, yea though he speak never so absurdly. I beseech you therefore that this may be amended, and this troubling of any man in his Speech no more used. But to the matter, Mr. Speaker, I protest that which I shall speak I will utter to you all out of the Conscience of a Christian, Loyalty of a Subject, and heart of an Englishman. I know that Distributio Parochiarum est ex jure humano non Divino: But he that said so much, give me leave to tell him, that Distributio verbi Divini est ex jure Divino & humano. If then by the distributing and severing of Benefices to divers learned men, the Word may be the better distributed unto the people, and preached, as God be thanked, it hath been these forty three years under her Majesties happy Government, (the point of whose dayes I beseech the Almighty may be prolonged) I see no reason, Mr. Speaker, why p. 641we should doubt of the goodness of this Bill or make any question of the committing thereof, &c.

Mr. Roger Owen (after particular Answers to divers particular Objections by Doctors) shewed that a Statute was but privatio communis Juris; And this Act will make no Innovation, because it repeals only the Proviso and not the Body. Whereas it was said by a Doctor, that Honos alit artes, and much more to that purpose; And if you take away the honour and reward, then you take away the Study it self: For Answer thereunto, Mr. Speaker, I say under favour, that this Statute takes away no Benefices from the Clergy, but doth only better order the distribution of Benefices among the Clergy. For another Doctor that alledged a Canon confirmed under the Great Seal of England, I say, under favour, that they of the Clergy and not we of the Laity are bound thereby; for they are as it were By-Laws to them, but not to us.

Then the Speaker stood up and put it to the question for the Commitment. Whereupon it was Ordered by the more Voices that it should be Committed: But the Committees Names being omitted in the private Journal, they are supplied out of the Original Journal-Book it self, and were as followeth, viz. All the Queens Privy Council and all the Learned Councel being Members of this House, Sir Walter Raleigh, Sir Francis Hastings, Sir Carew Reignolds, Mr. Francis Bacon and divers others, who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon.

Mr. Speaker did lastly this Forenoon move the House to resolve whether they would sit to Morrow or no, it being the day of her Majesties most Blessed and Hereditary Succession to the Crown of England: To which after a little Speech had, It was agreed by the House, that after the Sermon was done at Westminster, which would be ended by ten of the Clock, they would sit the residue of the Forenoon; And this was affirmed to be the antient Custom.

On Tuesday the 17^th day of November, Three Bills of no great moment had each of them one reading; of which the first being the Bill for the enabling of Edward Nevill of Berling in the County of Kent, and Sir Henry Nevill Knight his Son and Heir Apparent, to dispose of certain Copyhold Lands, &c. was read the first time; And the third being the Bill against unlawful Hunting of Deer or Conies in the Night time was read the second time, and upon the question of ingrossing was rejected.

Heyward Townsend of Lincolns-Inn Esq delivered in a Bill to Mr. Speaker, Intituled An Act to prevent Perjury and Subornation of Perjury, and unnecessary expences in Suits of Law. Upon the delivery whereof he said, Mr. Speaker, I take every man bound in Conscience to remove a little mischief from the Common-Wealth before it take Head and grow to a great inconvenience. This mischief is ordinary and general, and therefore (though but small) to be considered and provided for. And if a Heathen Philosopher could admonish us obstare principiis, I see no reason but men indued with Christianity should be sensible of the least hurt or sore growing in his Country, either regardless or respectless. For which purpose a Gentleman well experienced, having found this grief common to the poorer sort, like a good Subject tendring all the parts of this Common-Wealth, engaged me at my coming into the House this Morning to offer unto all your considerations this Bill, which it may please you to entertain with that willingness it is offered. I doubt not but this inonvenience will quickly be redressed. And thereupon the Bill according to the desire of the said Mr. Townsend had its first reading.

The Bill for Confirmation of Letters Patents made by King Edward the Sixth unto Sir Edward Seymour Knight, was upon the second reading committed unto the Queens Learned Councel Members of this House, the Masters of Request, Sir Robert Wroth, Sir Maurice Barkley and others, who were appointed to meet in the Committee Chamber of this House upon Friday Morning next.

The Bill for the strengthening of the Grant 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, was read the second time and committed unto all the Queens Learned Councel being Members of this House, Mr. Doctor Caesar, Sir Edward Hobbie, Sir Robert Wroth, Mr. Dr. Bennet and others, who were appointed to meet upon Saturday next at Lincolns-Inn Hall at two of the Clock in the Afternoon.

The remainder of this days Passages follows out of the private Journal.

An Act to suppress the Sin of Adultery was read the first time; The substance whereof was, that if a Woman or Man or both were Convicted of Adultery, he should lose his Tenancy by Courtesie, and she her Tenancy in Dower.

To which Bill Serjeant Harries stood up and said, Mr. Speaker, by the scope of this Bill, the determination of this fact must be by two or three blind Witnesses in the Ecclesiastical Court; which is no reason, that Judges Ecclesiastical should determine of Lay-mens Inheritances. Besides, there is another gross fault in the Bill, for if they be both poor, and have nothing but Goods, if the man be taken in Adultery, he shall not be punished, because there is nothing of which he should be Tenant by the Courtesie; But if the Woman be taken she is to lose the third of the Goods, or if it be in the City by Custom she loseth the half, which is jus inaequale, and not to be admitted by this House.

Then all the House cryed, Away with it.

And the Speaker putting it to the question whether it should be read the second time, the House gave a great No.

On Wednesday the 18^th day of November, p. 642Three Bills had each of them one reading; of which the last being the Bill or Petition of the Cloth-workers was read the second time and committed unto the Queens Learned Councel, Members of this House, the Burgesses for all the Cloathing Towns, the Knights for the Shires of Somerset, Wiltshire, Berks, Suffolk, Fssex, Kent, Surry and Hampshire, M^r Francis Moore, M^r Bond, the Citizens for York, M^r Phillipps, M^r Boyce, M^r Snigg, Sir Percival Hart, Sir Moyle Finch, Sir John Harrintgon, Sir John Lewson, Sir Francis Darcie, Sir Walter Raleigh, M^r Lieutenant of the Tower, M^r D^r Caesar, the Knights and Citizens for London, Sir Walter Cope, Sir Robert Wroth, the Burgesses for all the Port Towns, M^r Hide and Mr. Thomas Caesar, who were appointed to meet in the Middle-Temple Hall upon Monday next in the Afternoon at two of the Clock.

Sir Francis Hastings brought in the Bill against Swearing from the Committees (who were appointed on Tuesday the 10^th day of November foregoing) and a new Bill drawn to the same purpose by the said Committee.

The Bill touching repeal of some parts of former Statutes touching Cloth, was read the second time and committed to the last former Committees for Cloth-workers, to meet at the same time and place.

Mr. Jones one of the Committees in the Bill touching common Sollicitors, brought in the Bill amended with some Additions and Alterations: And M^r Boyce likewise brought in the Bill touching trifling Suits being somewhat amended by the Committees.

Mr. Francis Moore a Committee in the Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents made from her Highness to others (who were appointed on Thursday the 12^th day of this Instant November foregoing) brought in the Bill with two Provisoes and certain Amendments.

The Bill for reformation of many abuses in making of Cloths, was read the second time and committed to the last former Committees for Cloth-workers to meet at the same time and place.

Mr. Bacon one of the Committees in the Bill touching process and pleadings in the Court of Exchequer, maketh Report of the travel and meeting of the Committees; and brought in a new Bill drawn to the same purpose; upon the referring whereof he spake as followeth, (out of the Private Journal.)

Mr. Speaker, This Bill hath been deliberately and judiciously considered of by the Committees, before whom Mr. Osborn came, who I assure this House, did so discreetly demean himself and so submissively referr'd the State of this whole Office to the Committees, and so well answered in his own defence, that they would not ransack the Heaps or sound the bottom of former Offences, but only have taken away something that was superfluous and needless to the Subject. Touching the Committees they have reformed part; Yet they have not so nearly eyed every particular, as if they would pare to the quick an Office of her Majesties gift and Patronage. This Bill is both publick and private; publick because it is to do good unto the Subject; and private, because it doth no injustice to the particular Officer. The Committees herein have not taxed the Officer by way of imputation, but removed a task by way of Imposition. I will not tell you what we have taken away either in quo titulo's or Exchequer language, but according to the Poet who saith, Mitte id quod scio, Dic quod rogo; I will omit that which you have known, and tell you that you know not and are to know, and that in familiar terms. And so he told the substance of the Bill. We found that her Majesty whose eyes are the Candles of our good days, had made him an Officer by Patent; in which that he might have right, her Majesties Learned Councel were there in Centinel to see that her Majesties right might not be suppressed. If my memory hath failed me in delivering of the truth of the proceeding and the Committees determination, I desire those that were present to help and assist me. Here is the Bill. So he called aloud to the Serjeant of the House and delivered him the Bill to deliver to the Speaker, which said Bill was read primâ vice.

The Amendments and provisions in the Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents made by her Highness to others, were twice read, and the Bill Ordered to be ingrossed.

Three Bills had each of them one reading; of which the third being the Bill against wilful absence from Divine Service upon the Sunday, was upon the second reading committed unto Sir Francis Hastings, Sir Robert Wroth and others; And the Bill and Committees names were delivered to Sir Robert Wroth, who with the rest was appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock.

The Bill touching Cloths and Cloth-workers were delivered to Mr. Snigg one of the Committees.

On Thursday the 19^th day of November, Nine Bills had each of them one reading; of which the last being the Bill for the enabling of Edward Nevill and Sir Henry Nevill Knight his Son and Heir apparent, &c. was upon the second reading committed unto all the Queens Learned Councel being of this House, Sir George Moore, Sir William Wray and others, who were appointed to meet upon Tuesday next in the Court of Wards at two of the Clock in the Afternoon, and the Councel of all sides to be there to attend the Committees.

The Committees in the Bill for setting of Watches (who were appointed on Saturday the 7^th of this Instant November foregoing to meet this day) are deferred till Tuesday next in the Court of Wards.

Upon Motion made unto this House, It is declared, that one Roger Buston Servant, a Sollicitor unto ..... Langton Esq Baron of Walton p. 643in the County of Lancaster, who upon credible Report of some Members of this House, is Chosen a Burgess for the Borough of Newton in the said County of Lancaster, but not as yet returned by the Clerk of the Crown into this House, hath been Arrested in London during this Session in an Action of Debt, at the Suit and procurement of one ..... Muscle, the same Muscle knowing the said Roger Buston to belong to the said Baron of Walton; which said Muscle was by Order of this House sent for by the Serjeant of this House, together with the Officer who made the Arrest, to Answer unto this House for their said Contempts. And being brought to the Bar and Charged by Mr. Speaker with their said offence in the name of this whole House, were heard what they could say for their defence. And after sundry questions Ordered that the said Roger Buston should have the Priviledge of this House and be discharged of his said Arrest and Imprisonment: And likewise Ordered that the said Muscle the Procurer, and the Officer that made the said Arrest, should be both committed Prisoners to the Serjeants Custody for three dayes, and pay such charges as shall be Assessed by M^r Speaker unto the said Buston, besides the Fees of the Serjeant and Clerk.

The Bill for Confirmation of Grants made to her Majesty; and of Letters Patents made by her Majesty to others was read the third time and passed upon the question.

Now follow some Passages of this day out of the said private Journal.

Secretary Herbert said, According to your Commandment, Sir Edward Stafford and my self went to the Lord Keeper, and delivered unto him, that notwithstanding some Allegations which were alledged on the behalf of his Lordship, our Resolutions touching the Warrants, upon mature deliberation, and upon search of Precedents were, that they ought to go and be directed to the Clerk of the Crown from the Speaker. His Lordship after a small pause Answered, That he now considered the weightiness of divers businesses which were in hand, the Consultation which we were likely to have presently touching the Bill of Subsidy; that the Enemy the Spaniard was landed in Ireland and the business of those affairs of great import, as also his own business in the Upper House, and the short end which was likely to be of this Parliament; And therefore he would not now stand to make contention, or shew his further reasons; but prayed to certifie you all, that he would be most ready and most willing to perform the desire of this House.

The Bill of Petite Thefts and Larcenies, and the Bill for Confirmation of Grants made to her Majesty and of Letters Patents made from her Majesty to others were sent up to the Lords by Sir John Fortescue, Mr. Secretary Herbert and others.

The Bill to restrain transporation of money out of the Realm of England and to reform certain abuses in Exchanges was read the second time.

M^r Fettiplace, a Burgess for London, spake to this Bill, and said, it is to be thought that the Netherlands having so much use for money, is the Exporter thereof out of this Realm. The French King made it a Law that no man upon pain of Death should export money thence. Germany holdeth the Standard, so doth France, so do we; but the Netherlander only doth not, and he only gaineth of all three. There be good Statutes already made to this purpose both in the time of King Rich. II. Hen. III. Hen. IV. Hen. V. and Hen. VI. that no Strangers should bring Commodities into this Land, but he should bring so much money. He made a very long Speech touching the manner of Trade by Exchange in Merchants Language, &c. and concluded with desire of Commitment, and that the Merchants might be called. And thereupon it was committed to divers of the Committees who were appointed to meet this day Seven-night at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bill or Petition of Theophilus Adams was read the first time.

On Friday the 20^th day of November, Seven Bills of no great moment had each of them one reading; of which the first being the Bill touching the Lordship of Landostowre aliàs Landovorowre, and the last being the Bill prohibiting Fairs and Markets, had each of them their first reading.

Sir Francis Darcy maketh Report of the meeting and travel of the Committees in the Bill touching the coming to Church, and brought in the Bill with two Provisoes and some Amendments.

The same Amendments being twice read, the Bill upon the question and division of the House was dashed, viz. with the Yea a hundred thirty seven, and with the No a hundred and forty.

One M^r William Morrice Burgess for Beumaries informed the House that as he was coming up to London on his way his Man was Arrested at Shrewsbury; whereupon he told the Serjeant that he was of the Parliament-House, and therefore wished him to discharge his Servant. The Serjeant Answered, that he could not discharge him, but said, that he would go to the Bayliff with him; to whom when he came, he likewise declared that he was of the Parliament House, and therefore required his Servant. To whom the Bayliff Answered, that he could not discharge him without the consent of the Party that procured the Arrest; To whom he also went, and he Answered the Serjeant and him saying; Keep him fast, I will not release him till I be satisfied. Then he told the Creditor, that he was of the Parliament-House, and therefore his Servant was Priviledged. Whereunto the Creditor made this Answer, I care not for that, keep him fast, I will be your Warrant. I thought good to move the House herein, referring it to your p. 644considerations. And because I am willing that the Priviledges of this House may be known as well far off as here at hand, I thought good to move the same.

M^r Francis Moore said, M^r Speaker, Methinks this Action is very scandalous to this whole House. And because it is a Case both extraordinary and contemptible, in my opinion it deserveth a most severe and exemplary punishment.

Whereupon all the House cryed, To the Tower, to the Tower with them, send for them, send for them.

M^r Speaker said, It is your Pleasure, the Bayliffs and he that procured the Arrest and the Serjeant shall be sent for. All cryed Yea. Then the Speaker said, The Serjeant must go down to Shrewsbury; all cryed Yea.

The Speaker gave the Clerk a Bill to read, and the House called for the Exchequer Bill; some said Yea, some said No, and a great Noise there was: At last M^r Lawrence Hide said, M^r Speaker, to end this Controversie, because the time is very short, I would move the House to have a very short Bill read Intituled An Act for the Explanation of the Common Law in certain Cases of Letters Patents. All the House cried I, I, I.

So after it was read, the question was to be propounded for the committing of it, and some cryed commit it, some ingross it; at length

M^r Spicer Burgess of Warwick stood up and said, M^r Speaker, This Assembly may be said to be libera mens & libera lingua, therefore freely and faithfully, that which I know I will speak to this House. This Bill may touch the Prerogative Royal, which as I learned the last Parliament is so transcendent, that the ..... of the Subject may not aspire thereunto. Far be it therefore from me that the State and Prerogative Royal of the Prince should be tied by me or by the Act of any other Subject. First, Let us consider of the word Monopolie what it is, Monos is Unus, and Polis is Civitas; so then the meaning of the word is, a restraint of any thing publick in a City or Common-Wealth to a private use, and the User called a Monopolitan, quasi cujus privatum lucrum est urbis & Orbis commune malum. And we may well term this man the Whirlpool of the Princes profit. Every man hath three special Friends, his Goods, his Kinsfolks and his good Name; these men may have the two first, but not the last. They are Insidiosa quia dulcia, they are dolosa quia dubia. I speak not, M^r Speaker, neither repining at her Majesties Prerogative, or misliking the reasons of her Grants; but out of grief of heart, to see the Town wherein I serve pester'd and continually vext by the Substitutes and Vicegerents of these Monopolitans, who are ever ill-disposed and affected Members. I beseech you give me leave to prove this unto you by this Argument. Whosoever transgresseth the Royal Commission of her Majesty being granted upon good and Warrantable Suggestions, and also abuseth the Authority and Warrant of her Majesties Privy-Council being granted unto him for the more favourable Execution of his Patent; this man is an evil-disposed and dangerous Subject. But that this is true and hath been done by one Person, a Substitute of a Patentee, I will prove unto you. The Major needs not be proved; the Minor I will thus prove. My self am Oculatus testis of this Minor, Et talis testis plus valet existens unus quàm auriti decem. The Substitutes for Aquavitae and Vinegar came not long since to the Town where I serve, and presently stayed sale of both these Commodities; unless the Sellers would compound with them, they must presently to the Council-Table. My self though ignorant, yet not so unskilful, by reason of my profession, but that I could judge whether their proceedings were according to their Authority, viewed their Patent, and found they exceeded in three points: for where the Patent gives Months liberty to the Subject that hath any Aquavitae to sell the same, this Person comes down within two Months and takes Bond of them to his own use, where he ought to bring them before a Justice of Peace, and they there to be bound in Recognizance, and after to be returned into the Exchequer; and so by Usurpation retaineth Power in his own hands to kill or save. Thus her Majesties Commission being transgressed, as a sworn Servant to her Majesty, I hold my self bound to certifie the House thereof; and also that this Substitute stands Indicted as an obstinate Recusant: Yea when her Majesties name hath been spoken of and her self prayed for, he hath refused to stir Hat or Lip. My humble Motion therefore is, that we might use some caution or circumspective care to prevent this ensuing mischief.

M^r Francis Bacon said, the Gentleman that spake last coasted so for and against the Bill, that for my own part not well hearing him, I did not perfectly understand him. I confess the Bill as it is, is in few words, but yet ponderous and weighty. For the Prerogative Royal of the Prince, for my own part I ever allowed of it, and it is such as I hope shall never be discuss'd. The Queen as she is our Sovereign, hath both an enlarging and restraining Power. For by her Prerogative she may first set at liberty things restrained by Statute Law or otherwise; and secondly, by her Prerogative she may restrain things which be at liberty. For the first, she may grant non obstante contrary to the penal Laws, which truly according to my own Conscience (and so struck himself on the Breast) are as hateful to the Subject as Monopolies. For the second, if any man out of his own Wit, industry or indeavour finds out any thing beneficial for the Common-Wealth, or bring in any new Invention, which every Subject of this Kingdom may use; yet in regard of his pains and travel therein, her Majesty perhaps is pleased to grant him a Priviledge to use the same only by himself or his Deputies for a certain time. This is one kind of Monopoly. Sometimes there is a glut of things p. 645when they be in excessive quantity, as perhaps of Corn, and her Majesty gives Licence of transportation to one Man; this is another kind of Monopoly. Sometimes there is a scarcity or a small quantity, and the like is granted also. These and divers of this nature have been in Tryal both at the Common-Pleas upon Actions of Trespass, where if the Judges do find the Priviledge good, and beneficial to the Common-Wealth, they then will allow it; otherwise disallow it: And also I know that her Majesty her self hath given Commandment to her Attorney General to bring divers of them since the last Parliament to Tryal in the Exchequer, since which time at least fifteen or sixteen to my knowledge have been repealed, some by her Majesties own express Commandment upon Complaint made unto her by Petition, and some by Quo Warranto in the Exchequer. But M^r Speaker, said he (pointing to the Bill) this is no Stranger in this place, but a Stranger in this Vestment; the use hath been ever to humble our selves unto her Majesty, and by Petition desire to have our grievances remedied, especially when the remedy toucheth her so nigh in point of Prerogative. All cannot be done at once, neither was it possible since the last Parliament to repeal all. If her Majesty make a Patent (or (as we term it) a Monopoly) unto any of her Servants, that must go, and we cry out of it; but if she grant it to a number of Burgesses or a Corporation, that must stand, and that forsooth is no Monopoly. I say and I say again, that we ought not to deal, to judge or meddle with her Majesties Prerogative. I wish every man therefore to be careful in this business; And humbly pray this House to testifie with me, that I have discharged my duty in respect of my place in speaking on her Majesties behalf; And protest I have delivered my Conscience in saying that which I have said.

D^r Bennet said, He that will go about to debate her Majesties Prerogative Royal, had need walk warily. In respect of a grievance out of the City for which I come, I think my self bound to speak that now which I had not intended to speak before; I mean a Monopoly of Salt. It is an old Proverb Sal sapit omnia; Fire and Water are not more necessary. But for other Monopolies of Cards, (at which word Sir Walter Raleigh blusht) Dice, Starch and the like, they are (because Monopolies) I must confess very burtful, though not all alike hurtful. I know there is a great difference in them; And I think if the abuses in this Monopoly of Salt were particularized, this would walk in the fore rank. Now seeing we are come to the means of redress, let us see that it be so mannerly and handsomely handled, that after a Commitment it may have good passage.

M^r Lawrence Hide, I confess, M^r Speaker, that I owe duty to God, and Loyalty to my Prince. And for the Bill it self I made it, and I think I understand it; And far be it from this heart of mine to think, this tongue to speak, or this hand to write any thing, either in prejudice or derogation of her Majesties Prerogative Royal and the State. But because you shall know that this course is no new Invention, but long since digested in the Age of our Fore-fathers above three hundred Years ago, I will offer to your considerations one Precedent 10 Ed. 3. At what time one John Peach was Arraigned at this Bar in Parliament, for that he had obtained of the King a Monopoly for Sweet Wines. The Patent after great advice and dispute adjudged void, and before his face in open Parliament Cancelled, because he had exacted three shillings and four pence for every Tun of Wine; himself adjudged to Prison until he had made restitution of all that ever he had recovered, and not to be delivered till after a Fine of five hundred pounds paid to the King. This is a Precedent worthy of observation, but I dare not presume to say worthy the following. And M^r Speaker, as I think it is no derogation to the Omnipotence of God to say he can do all but evil; So I think it is no derogation to the Majesty or Person of the Queen to say the like in some proportion. Yet M^r Speaker, because two Eyes may see more than one, I humbly pray that there might be a Commitment had of this Bill, lest something may be therein which may prove the bane and overthrow thereof at the time of the passing.

M^r Speaker, quoth Serjeant Harris, for ought I see, the House moveth to have this Bill in the nature of a Petition; It must then begin with more humiliation: And truly Sir, the Bill is good of it self, but the penning of it is somewhat out of course.

M^r Mountague said, The matter is good and honest, and I like this manner of proceeding by Bill well enough in this matter. The grievances are great, and I would note only unto you thus much, that the last Parliament we proceeded by way of Petition which had no successful effect.

M^r Francis Moore said, M^r Speaker, I know the Queens Prerogative is a thing curious to be dealt withal, yet all grievances are not comparable. I cannot utter with my tongue or conceive with my heart the great grievances that the Town and Country for which I serve, suffereth by some of these Monopolies; It bringeth the general profit into a private hand, and the end of all is Beggery and Bondage to the Subjects. We have a Law for the true and faithful currying of Leather; There is a Patent sets all at liberty, notwithstanding that Statute. And to what purpose is it to do any thing by Act of Parliament, when the Queen will undo the same by her Prerogative? Out of the spirit of humiliation, M^r Speaker, I do speak it, there is no Act of hers that hath been or is more derogatory to her own Majesty, more odious to the Subject, more dangerous to the Common-Wealth than the granting of these Monopolies.

M^r Martin said, I do Speak for a Town that grieves and pines, for a Countrey that groaneth p. 646and languisheth under the burthen of monstrous and unconscionable Substitutes to the Monopolitans of Starch, Tinn, Fish, Cloth, Oyl, Vinegar, Salt, and I know not what, nay what not? The principallest commodities both of my Town and Country are ingrossed into the hand of those blood-suckers of the Common-Wealth. If a body, M^r Speaker, being let blood, be left still languishing without any remedy, how can the good estate of that body long remain? Such is the State of my Town and Country, the Traffick is taken away, the inward and private Commodities are taken away, and dare not be used without the Licence of these Monopolitans. If these blood-suckers be still let alone to suck up the best and principallest commodities which the earth there hath given us, what shall become of us, from whom the fruits of our own Soil and the commodities of our own labour, which with the sweat of our brows even up to the knees in Mire and Dirt, we have laboured for, shall be taken by Warrant of Supream Authority, which the poor Subjects dare not gainsay?

M^r George Moore said, I make no question but that this bill offereth good matter; And I do wish that the matter may in some sort be prosecuted, and the Bill rejected. Many grievances have been laid open touching the Monopolics of Salt; but if we add thereunto peter, then we had hit the grief aright; with which my Country is perplexed. There be three persons her Majesty, the Patentee and the Subject; her Majesty the head, the Patentee the hand, and the Subject the soot. Now here's our Case, the head gives power to the hands, the hand oppresseth the foot, the foot riseth against the head. We know the power of her Majesty cannot be restrained by any Act, why therefore should we thus talk? Admit we should make this Statute with a Non objtante, yet the Queen may grant a Patent with a Non objtante, to cross this Non obstante. I think therfore it agreeth more with the gravity and wisdom of this House to proceed with all humbleness by Petition than Bill.

M^r Wingfield said, I would but put the House in mind of the proceeding we had in this matter the last Parliament, in the end whereof our Speaker moved her Majesty by way of Petition, that the griefs touching these Monopolies might be respected, and the grievances coming of them might be redressed. Her Majesty answered by the Lord Keeper, that she would take care of these Monopolies and our griefs should be redressed; if not, she would give us free liberty to proceed in making a Law the next Parliament. The grief, M^r Speaker, is still bleeding, and we green under the sore, and are still without remedy. It was my hap the last Parliament to encounter with the word Prerogative; but as then, so now I do it with all humility, and wish all happiness both unto it and to her Majesty. I am indifferent touching our proceeding either by Bill or Petition, so that therein our grievances may follow, whereby her Majesty may specially understand them.

Sir Walter Raleigh said, I am urged to speak in two respects; the one because I find my self touched in particular; the other, in that I take some imputation of slander to be offered unto her Majesty, I mean by the Gentleman that first mentioned Tinn (which was M^r Martin) for that being one of the principal commodities of this Kingdom, and being in Cornwall, it hath ever, so long as there were any, belonged to the Dukes of Cornwall, and they had special Patents of Priviledge. It pleased her Majesty freely to bestow upon me that priviledge; And that Patent being word for word, the very same the Duke's is, and because by reason of mine Office of Lord Warden of the Stannary, I can sufficiently inform this House of the State thereof; I will make bold to deliver it unto you. When the Tinn is taken out of the Mine, and melted and refined, then is every piece containing one hundred weight sealed with the Duke's Seal. Now I will tell you, that before the granting of my Patent, whether Tinn were but of seventeen shillings and so upward to fifty shillings a hundred, yet the Poor Workmen never had above two shillings the week, finding themselves: But since my Patent, whosoever will work, may; and buy Tinn at what price soever, they have four shillings a week truly paid. There is no Poor that will work there, but may, and have that wages. Notwithstanding, if all others may be repealed, I will give my consent as freely to the cancelling of this, as any Member of this House.

Sir Francis Hastings said, It is a special honour to this Assembly to give freedom of speech to all; And howsoever some have been heretofore troubled, yet I joy to see so great reformation, that we may speak quietly and be heard peaceably. Every man hath not like sence or judgment, neither is every mans memory alike: I wish that if any Gentleman that speaks of this or any other subject as injurious, shall let fall any word amiss or unpleasing, that it may be attributed rather to hastiness than want of duty. This Speech proceeded in respect of Sir Walter Raleighs Speech, as also of the great silence after it.

M^r Snigg wisht a Committee to devise a course.

Sir Robert Wroth wisht a Committee, in which a course might be devised how her Majesty might know our griefs.

M^r Downland said, As I would be no lett or over vehement in any thing, so I am not sottish or senseless of the common grievance of the Common-Wealth. If we proceed by way of Petition, we can have no more gracious Answer than we had the last Parliament to our Petitions. But since that Parliament we have no reformation; And the reason why I think no reformation hath been had, is, because I never heard the cry against Monopolies greater and more vehement.

M^r Johnson said, M^r Speaker, I'le be very p. 647short and say only thus much, I would we were all so happy, that her gracious self had heard but the fifth part of that, that every one of us hath heard this day; I think verily in my Soul and Conscience we should not be more desirous in having those Monopolies called in, than she would be earnest therein her self.

The Bill aforesaid for Explanation of the Common Law touching Letters Patents was after the foregoing several long Arguments Ordered upon the question to be committed unto all the Privy Council and Learned Councel of this House, Sir Walter Raleigh, Sir Francis Hastings, Sir Edward Stafford, Sir Edward Hobbie, Sir George Moore, Sir Robert Wroth and others; And the Bill and Committees names were delivered to Sir Francis Hastings, who with the rest was appointed to meet to Morrow in this House at two of the Clock in the Afternoon.

On Saturday the 21^th day of November. Six Bills had each of them one reading; of which the first being the Bill for levying of Fines with Proclamations of Lands within the County of the City of Chester, and the second to reform the abuse of Tainters, had each of them their first reading.

M^r Francis Moore made Report of the meeting of the Committees of the Bill touching Sir Edward Seymour, (who were appointed on Tuesday the 17^th day of this instant November foregoing) shewed the Amendments in the same, and brought in the Bill.

Thus far out of the Original Journal-Book of the House of Commons: Now follows one passage of this day touching the Priviledge of the House out of the often before-cited private Journal of the said House.

Sir Edward Hobbie said, A Gentleman a good Member of this House, (Sir John Gray) was served with a Subpoena in the Chancery ad respondendum the 30^th of November ad sectam Roberti Atkins; if no Order be taken herein, for my own part I think both the House and the Priviledges thereof will grow in contempt. I wish the Serjeant may be sent for and the Party, and that some exemplary punishment may be shewed.

M^r Doyley said, M^r Speaker, we spend much time which is precious, in disputing of Priviledges and other matters of small importance; for my own part I think fit no time should be spent herein, but that a Writ of Priviledge may be granted.

M^r Johnson said, M^r Speaker, our own lenity is the cause of this contempt, and till some special punishment be shewed, I think it will not be otherwise.

Thus far out of the aforesaid private Journal: Now follows the residue of the Passages of this Forenoon out of the Original Journal-Book it self.

The Bill against Taintering of Woollen Cloths was read the second time and committed unto the former Committees in the Bill for Cloths and Clothworkers, and Ordered that Merchants and Drapers do attend the Committees and be heard therein as appertains; And Sir Edward Stafford, M^r Fulk Grevill and M^r Barkley were added to the former Committees.

The Amendments in the Bill touching Sir Edward Seymour Knight Deceased, and Edward Seymour Esq were twice read and Ordered with the Bill to be ingrossed.

The Bill for the making of an Haven or Key on the North part of Severn was read the second time, and committed unto the Knights and Burgesses for the Counties of Devon, Cornwall, Somerset and South-Wales, all the Queens Learned Councel, the Batons of the Cinque Ports and others, who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.

The Bill for the Assurance of the Jointure of … Countess of Bedford was read the second time, and committed unto all the Queens Learned Councel being Members of this House, Sir Francis Hastings, Sir Edward Hobbie and others, who were appointed to meet on Wednesday next in the Middle-Temple Hall at two of the Clock in the Afternoon.

The Bill for the better observation of certain Orders in the Exchequer set down and established by vertue of her Majesties Privy Seal, was read the second time, and committed unto the former Committees in the first Bill, and unto all the Privy Council and Learned Councel of her Majesty being Members of this House, Masters Attornies of the Dutchy and Court of Wards, M^r Francis Bacon, M^r Francis Moore, M^r Serjeant Harris and others, who were appointed to meet upon Monday next in the House at two of the Clock in the Afternoon, after a question first had, whether it should be sitten upon in Committee this Afternoon; and was upon the division of the House upon the difference of forty six persons, (viz. with the Yea for this day ninety five, and with the No for Monday a hundred sixty one) Ordered to be sitten in Committee on Monday next as aforesaid.

Thus far out of the Original Journal-Book of the House of Commons; the residue which fell out in the Afternoon at the Committee for Monopolies or Patents of Priviledge, whose names see before on Yesterday foregoing, is supplied out of the private Journal.

Sir Edward Hobbie informed the House of the great abuse of the Patentee for Salt in his Country, That betwixt Michaelmas and S^t Andrews Tide, where Salt (before the Patent) was wont to be sold for sixteen pence a Bushel, it is now sold for fourteen or fifteen shillings a Bushel; But after the Lord President had understanding thereof, he committed the Patentee, and caused it to be sold for sixteen pence as before. This Patent was granted to Sir Thomas Wilkes, and after to one Smith. To Lyme there is brought every Year above three thousand Wey of Salt, and every Wey of Salt is since the Patent enhaunced p. 648to twenty shillings, and where the Bushel was wont to be eight pence, it is now sixteen pence. And I dare boldly say it, if this Patent were called in, there might well three thousand pound a year be saved in the Ports of Lyme, Boston and Hull. I speak of white Salt.

M^r Francis Bacon said, The Bill is very injurious and ridiculous; injurious, in that it taketh or rather sweepeth away her Majesties Prerogative; and ridiculous, in that there is a Proviso, that this Statute shall not extend to Grants made to Corporations: that is a Gull to sweeten the Bill withal, it is only to make Fools fain. All men of the Law know, that a Bill which is only expository, to expound the Common Law, doth enact nothing; neither is any promise of good therein. And therefore the Proviso in the Statute of 34 Hen. 8. of Wills, (which is but a Statute expository of the Statute of 32 Hen. 8. of Wills) touching Sir John Gainsfords Will, was adjudged void. Therefore I think the Bill very unfit, and our Proceedings to be by Petition.

M^r Sollicitor Flemming said, I will briefly give account of all things touching these Monopolies. Her Majesty in her Provident Care gave Charge unto M^r Attorney and my Self, that speedy and special Order may be taken for these Patents; this was in the beginning of Hillary Term last: but you all know the danger of that time, and what great affairs of importance happened to prevent these businesses; and since that time nothing could be done for want of leisure.

Sir Robert Wroth said, I would but note, M^r Sollicitor, that you were charged to take Order in Hillary Term last; why not before? there was time enough ever since the last Parliament. I speak it and I speak it boldly, these Patentees are worse than ever they were: And I have heard a Gentleman affirm in this House, that there is a Clause of Revocation in these Patents; if so, what needed this stir of Scire facias, Quo Warranto and I know not what, when it is but only to send for the Patentees, and cause a redelivery? There have been divers Patents granted since the last Parliament; these are now in being, viz. The Patents for Currants, Iron, Powder, Cards, Ox-shin Bones, Train Oyl, Transportation of Leather, Lists of Cloth, Ashes, Anniseeds, Vinegar, Sea-Coals, Steel, Aquavitae, Brushes, Pots, Salt-Peter, Lead, Accidences, Oyl, Calamint Stone, Oyl of Blubber, Fumathoes or dryed Piltchers in the Smoak and divers others.

Upon the reading of the Patents aforesaid M^r Hackwell of Lincolns-Inn stood up and asked thus; Is not Bread there? Bread quoth one, Bread quoth another; this Voice seems strange quoth another; this Voice seems strange quoth a third: No quoth M^r Hackwell, if Order be not taken for these, Bread will be there before the next Parliament.

M^r Heyward Townesend of Lincoln's-Inn said; I seeing the disagreement of the Committee, and that they would agree upon nothing, made a Motion to this effect; first to put them in mind of a Petition made the last Parliament, which though it took no effect, yet we should much wrong her Majesty and forget our selves, if we should think to speed no better now in the like Case; because then there was a Commitment for this purpose, and the Committees drew a Speech which was delivered by the Speaker word for word at the end of the Parliament, but now we might help that by sending our Speaker presently after such a Committee and Speech made, with humble Suit not only to repeal all Monopolies grievous to the Subject, but also that it would please her Majesty to give us leave to make an Act that they might be of no more force, validity or effect than they are at the Common Law without the strength of her Prerogative. Which though we might now do, and the Act being so reasonable we might assure our selves her Majesty would not delay the passing thereof, yet we her loving Subjects, &c. would not offer without her privity or consent (the Cause so nearly touching her Prerogative) or go about to do any such Act. And also that at the Committee which should make this Speech, every Member of this House which either found himself, his Town or Country grieved, might put in (in fair writing) such Exceptions against Monopolies, as he would justifie to be true; And that the Speaker might deliver them with his own hands, because many obstacles and hindrances might happen.

M^r Francis Bacon after a long Speech concluded thus in the end. Why, you have the readiest course that possibly can be devised, I would wish no further Order be taken, but to prefer the wise and discreet Speech made by the Young Gentleman (even the Youngest in this Assembly) that last spake. I will tell you, that even ex ore Infantium & lactantium, the true and most certain course is propounded unto us. So the House as it should seem agreed thereunto, and appointed to meet on Monday next post Meridiem, at which time all the aforesaid matters past.

On Monday the 23^th day of November, Three Bills had each of them one reading; of which the first being the Bill for Confirmation of the Grant of the Hospitals of Christ, Bridewell and S^t Thomas the Apostle was read the second time, and committed to the former Committees (who were appointed on Tuesday the 17^th day of this instant November foregoing) and Sir George Moore, M^r Paule, M^r Edward Moore and M^r Barnham were added to the former Committees, who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.

M^r Symnell one of the Committees in the Bill touching M^r Markham, shewed the mind of the Committees to be, and also delivered sundry reasons, that it is a Bill fit to rest and not to be any further dealt in by this House.

The Bill that Sir Anthony Mayney Knight, and Anthony Mayney his Son may be enabled to dispose of his Lands, &c. was upon the second reading p. 649committed unto Sir Robert Wroth, Sir Edward Hobbie, Sir George Moore, Sir William Wray, Sir Moyle Finch, Sir Michaell Sandes and others, who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock.

The Bill to reform the abuse of Taintering Cloth was read the second time, and upon the question Ordered not to be committed, and upon another question rejected.

The Bill of Monopolies was read, to which M^r Spicer spake and said, M^r Speaker, I think it were good this Bill were committed; I am no Apostate, but I stick to the former faith and opinion that I was of, that by way of Petition will be our safest course; for it is to no purpose to offer to tie her hands by Act of Parliament, when she may loosen her self at her pleasure. I think it were a Course nec gratum, nec tutum. And therefore the best way is to have a Committee to consider what course shall be proceeded in; for I doubt not but we be all agreed of the reformation, though not of the manner.

M^r Davies said, God hath given that power to absolute Princes which he attributeth to himself, Dixi quod Dii estis. And as Attributes unto them he hath given Majesty, Justice and Mercy; Majesty, in respect of the Honour that the Subject sheweth to his Prince; Justice, in respect he can do no wrong, therefore the Law is 1 Hen. 7. that the King cannot commit a disseizin; Mercy, in respect he giveth leave to Subjects to right themselves by Law: And therefore in 43 Assis. an Indictment was brought against Bakers and Brewers, for that by colour of Licence they had broken the Assize; wherefore according to that Precedent I think it most fit to proceed by Bill not by Petition.

M^r Secretary Cecill said, if there had not been some mistaking or some confusion in the Committee, I would not now have spoken. The question was of the most convenient way to reform these grievances of Monopoly: But after disputation, of the labour we have not received the expected fruit. If every man shall take leave to speak for the common Subject, I am afraid in these vast powers of our mind, we shall dispute the project and reformation quite out of doors. This dispute draws two great things in question; First the Princes power; Secondly the freedom of Englishmen. I am born an Englishman and am a Fellow-Member of this House; I would desire to live no day, in which I should detract from either. I am servant unto the Queen, and before I would speak or give consent to a Case that should debase her Prerogative or abridge it, I would wish my tongue cut out of my head. I am sure there were Law-makers before there were Laws. One Gentleman went about to possess us, with the Execution of the Law in an Antient Record of 5^o or 7^o Edwardi 3. Likely enough to be true in that time, when the King was afraid of the Subject. Though this Precedent be a substance, yet it is not the whole substance of the Parliament. For in former times; all sate together as well King as Subject, and then it was no prejudice to his Prerogative to have such a Monopoly examined. If you stand upon Law and dispute of the Prerogative, heark ye what Bracton saith, Praerogativam Nostram nemo audeat disputare. And for my own part I like not these courses should be taken. And you M^r Speaker, should perform the charge her Majesty gave unto you in the beginning of this Parliament, not to receive Bills of this nature; for her Majesties ears be open to all grievances, and her hand stretcht out to every mans Petitions. For the matter of access I like it well, so it be first moved and the way prepared. I had rather all the Patents were destroyed than her Majesty should lose the hearts of so many Subjects as is pretended. I will tell you what I think of these Monopolies: I take them to be of three natures, some of a free nature and good, some void of themselves, some both good and void. For the first, when the Prince dispenses with a penal Law that is left to the alteration of Sovereignty, I think it powerful and irrevocable. For the second, as to grant that which taketh from the Subject his Birthright, such men as desire these kind of Patents, I account them misdoers and wilful and wicked offenders. Of the third sort is the Licence for the matter of Cards, &c. And therefore I think it were fit to have a new Commitment to consider what her Majesty may grant, what not; what course we shall take, and upon what points.

M^r Doctor Stanhop and D^r Hone were sent from the Lords with a Bill intituled, An Act for the Uniting of Eye and Dunsden to the Mannor of Sunning.

M^r Mountague said, I am loth to speak what I know, lest perhaps I should displease. The Prerogative Royal is that which is now in question, and which the Laws of the Land have ever allowed and maintained. Then my motion shall be but this, That we may be Suitors unto her Majesty, that the Patentees shall have no other remedies than by the Laws of the Realm they may have; and that our Act may be accordingly.

M^r Martin said, I think the Common grievance and the Queens Prerogative have inspired this Gentleman that last spake (whom for reverence sake I must needs name, M^r Mountague) to make that motion which he hath done. And because the House seems greatly to applaud it, may it please you M^r Speaker, to put it to the question, whether that shall be determined of at the Committee. Now the Committees were, all the Privy Council being Members of this House, and the Queens Learned Councel Members likewise of this House, all the Knights of the Shires, Sir George Moore, M^r D^r Bennet, M^r Hide, M^r Winch, Sir Charles Cavendish, Sir Percival Hart, M^r Thinn, Mr. Downhalt, Mr. Martm and divers others, together with the Knights and Citizens for London, the Barons of the Ports, M^r Lieutenant of the Tower and M^r Doctor Caesar, who were appointed p. 650to meet this Afternoon in this House at two of the Clock, to have Conference and to agree upon some course to be taken touching Patents of Priviledges, and to report unto this House of their resolutions therein accordingly.

The Bill against Pluralities of Benefices had its first reading.

All the Bills committed touching Cloths are appointed to be dealt in to Morrow in the Afternoon in the Middle-Temple Hall.

M^r Moore brought in a Bill drawn by the Committees in the Bill for the repealing and continuance of the Statutes (whose names see on Thursday the 5^th day of this instant November foregoing.

Thus far of this dayes Passages out of the Original Journal-Book of the House of Commons.

Post Meridiem.

The Committees for the great business of Monopolies and Patents of Priviledge being met, there was shewed amongst them a Note or Catalogue of divers of them, and to whom they were granted, which was as followeth, only altered in some places for Order sake.

To Sir Henry Nevill the Patent for Ordnance.

To Sir Jerom Bowes the Patent for Glasses.

To Simon Furner the Patent for Lists, Shreds and Horns to be transported.

To Sir Henry Noell the Patent for Stone Pots and Bottles.

To Brian Anusley the Patent for Steel.

To Eliz. Matthewes the Patent for Oyl of Blubbers.

To Richard Drake a Patent for Aqua composita & Aquavitae.

To Michaell Stanhop a Patent for Spanish Woolls.

To Thomas Cornwallis the Licence to keep unlawful Games.

To William Carr a Patent for Brewing of Beer to be transported.

To John Spillman a Patent to make Paper.

To Edward Darcie a Patent for Cards.

To Sir John Packington a Patent for Starch.

To Sir Walter Raleigh a Patent for Tin.

To William Wade Esq the making of Sulphur, Brimston and Oyl.

To James Chambers a Licence for Tanning.

To William Watkins and James Roberts a Licence to Print Almanacks.

To Richard Welsh to Print the History of Cornelius and Tacitus.

To John Norden to Print Speculum Britanniae.

To certain Merchants to Traffick.

To William Allin to sow six hundred Acres of ground with Oade.

To M^r Heyle to provide Steel beyond the Seas.

To M^r Robert Alexander for Anniseeds.

To Edward Darcie a Patent for Steel.

To Valentine Harris to sow six hundred Acres with Oade.

To Sir Henry Singer touching the Printing of School-Books.

To Arthur Bassany a Licence to transport six thousand Calf-Skins.

To Thomas Morley to Print Songs in three parts.

To Sir John Packington for Starch and Ashes.

To Thomas Wight and Bonnam Norton to Print Law-Books; and divers others of no great moment touching the transportation of Iron and Tin, the sowing of Hemp and Flax, the gashing of Hydes, the forfeiture of Grigg Mills, the making of Mathematical Instruments, the making of Saltpeter, the Printing of the Psalms of David, and touching Fishers, Pouldavies and certain Forfeitures.

These Monopolies were most of them shewed to the Committees by Secretary Cecill, and to have been granted since the sixteenth year of the Queens Majesties Reign; for in the seventeenth year of her Reign, he shewed that a Patent was first granted to Robert Sharp to make Spangles and Oes of Gold; And then in the eighteenth year of her Majesty a Patent was granted to Sir Edward Dyer to pardon, dispense and reserve all Forfeitures and abuses committed by Tanners contrary to the Statute. And that the greatest part of the before-mentioned Patents of Priviledge or Monopolies had been granted since. Whereupon after M^r Davies had moved to have these Monopolies proceeded against by Bill, and M^r Martin had moved to have them rather dealt in by Petition to her Majesty, and that the House had heard the particular relation of the said Monopolies, there was nothing done or concluded upon, but a meeting appointed on Tuesday in the Afternoon.

On Tuesday the 24^th day of November the Bill touching Painter-Stainers and abuses in Painting was read the second time, and committed unto Sir RobertWroth, Sir George Moore, M^r Maynard, M^r Cope, M^r Doctor Parkins and others, who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock, and the Bill with the Committees names was delivered to M^r Pindar one of the same Committees.

The Bill touching the Garbling of Spices was read the second time, and committed to the last former Committees for Painters, and the Queens Learned Councel were added unto them.

The Bill touching the Lordships of Landoflowre alias Landovorowre was read the second time, and committed unto the Knights and Burgesses for Wales, the Burgesses for Hereford, M^r Owen, M^r Philipps and others, who were appointed to meet to Morrow in the Temple-Church at two of the Clock in the Afternoon, and the Bill was delivered to M^r Philipps.

The Bill for reformation of abuses used in the Art or Mystery of Imbroidering was read the second p. 651time and rejected, as was also the Bill for Mollineux after it had been read the second time and put to the question.

Sir Francis Hastings made Report of the meeting of the Committees in the Bill touching Alehouses (who were appointed on Thursday the 5^th day of this instant November foregoing) with some Amendments in the same.

The Amendments in the Bill touching Alehouses were twice read, and the Bill Ordered to be ingrossed.

Sir Edmund Morgan a Member of this House being served with a Subpoena to appear in the Chancery this present day, and also M^r Pemerton another Member of this House likewise served with a Subpoena out of the Chancery at the Suit of Sir Walter Raleigh and Sir Carew Raleigh, prayeth the Priviledge, which by Order of this House was granted.

The Bill against blasphemous Swearing was read the second time and committed to the former Committees in the Bill touching Swearing (who were appointed on Tuesday the 10^th day of this instant November foregoing) and to meet in this House in the Committee Chamber to Morrow Morning:

The Bill against double payment of Debts upon Shop-Books was read the first time.

The Bill for the making of Parks of the Impaled Grounds of Noblemen and Gentlemen was read the second time, and upon the question and division of the House dashed, with the Yea a hundred and eleven, and with the No a hundred fifty one.

Thus far of this dayes Passages out of the Original Journal-Book of the House of Commons.

Upon some loud Confusion in the House touching some private murmur of Monopolies,

M^r Secretary Cecill said, The Duty I owe and the Zeal to extinguish Monopolies makes me to speak now, and to satisfy their Opinions that think there shall be no redress of these Monopolies. Order is attended with these two Handmaids, Gravity and Zeal; but Zeal with Discretion. I have been (though unworthy) a Member of this House in six or seven Parliaments, yet never did I see the House in so great Confusion. I believe there never was in any Parliament a more tender point handled than the Liberty of the Subject, that when any is discussing this point, he should be cried and cought down. This is more fit for a Grammar-School than a Court of Parliament. I have been a Counsellor of State this twelve years, yet did I never know it subject to construction of levity and disorder. Much more ought we to be regardful in so great and grave an Assembly. Why, we have had Speeches upon Speeches, without either Order or Discretion. One would have had us proceed by Bill, and see if the Queen would have denied it: Another, that the Patents should be brought here before us and cancelled; and this were bravely done. Others would have us to proceed by way of Petition, which Course doubtless is best; but for the first, and especially for the second, it is so ridiculous, that I think we should have as bad success as the Devil himself would have wished in so good a Cause. Why, if idle courses had been followed, we should have gone forsooth to the Queen with a Petition to have repealed a Patent of Monopoly of Tabaco Pipes (which M^r Wingfields note had) and I know not how many conceits: but I wish every man to rest satisfied till the Committees have brought in their resolutions according to your Commandments.

On Wednesday the 25^th day of November, Three Bills of no great moment had each of them one reading; of which the last being the Bill for the levying of Fines in the County and City of Chester was read the second time, and committed unto all the Queens Learned Councel being of this House, the Knights and Burgesses for the County and City of Chester, Sir John Egerton and others, who were appointed to meet upon Friday next in the Inner-Temple Hall at two of the Clock in the Afternoon.

Sir Edward Hobbie made Report of the Committees travel in the Bill touching M^r Nevill, and delivered in the Bill with some Amendments and a Proviso.

The Amendments and Proviso in the Bill for Mr. Nevill were twice read, and Ordered with the Bill to be ingrossed, and not to be read the third time, until her Majesties Pleasure be further known, to be signified unto this House by Mr. Sollicitor, Mr. Speaker, or some other thereunto appointed.

The Amendments in the Bill touching trifling Suits were twice read, and with the Bill Ordered to be ingrossed.

The Bill to prevent double payment of Debt upon Shop-Books was read the second time and committed unto Sir Walter Raleigh, Mr. Beeston, Sir Francis Hastings and others; and the Bill was delivered to Mr. Beeston, who with the rest was appointed to meet in the Inner-Temple Hall at two of the Clock in the Afternoon upon Friday next.

The Committees for the Exchequer Bill (who were appointed on Saturday the 21^th day of this instant November foregoing) brought in the Bill with some Amendments, and after some Speeches therein had, upon the question resolved, that it should be presently recommitted to be considered of in the Committee Chamber of this House, and thereunto are appointed Mr. Mountague, Mr. Winch, Sir Robert Wroth, Mr. Jones, Mr. Martin, Mr. Tate, Mr. Johnson, &c.

Mr. Henry Mountague brought in the Bill touching Process and Pleadings in the Court of Exchequer, with Report of the Amendments.

The Amendments in the Bill for Orders in the Court of Exchequer were twice read, and with the Bill Ordered to be ingrossed.

Mr. Speaker (after a silence, and every man p. 652marvelling why the Speaker stood up) spake to this effect.

It pleased her Majesty to command me to attend upon her Yesterday in the Afternoon, from whom I am to deliver unto you all, her Majesties most gracious Message sent by my unworthy Self. She yields you all hearty thanks for your care and special regard of those things that concern her State, Kingdom, and consequently our Selves, whose good she had always tendred as her own; for our speedy resolution in making of so hasty and free a Subsidy, which commonly succeeded and never went before our Councels; and for our Loyalty: I do assure you with such and so great Zeal and Affection she uttered and shewed the same, that to express it, our tongues are not able, neither our hearts to conceive it. It pleased her Majesty to say unto me, that if she had an hundred tongues she could not express our hearty earty good Wills. And further she said, that as she had ever held our good most dear, so the last day of our (or her) Life should witness it; And that the least of her Subjects was not grieved, and she not touched. She appealed to the Throne of Almighty God, how careful she hath been and will be to defend her People from all Oppressions. She said, that partly by intimation of her Council, and partly by divers Petitions that have been delivered unto her both going to the Chapel and also to walk abroad, she understood that divers Patents, which she had granted, were grievous to her Subjects; and that the Substitutes of the Patentees had used great Oppressions. But she said, she never assented to grant any thing which was Malum in se. And if in the abuse of her Grant there be any thing evil (which she took knowledge there was) she her self would take present Order of reformation. I cannot express unto you the Apparent Indignation of her Majesty towards these abuses. She said that her Kingly Prerogative (for so she termed it) was tender; and therefore desireth us not to fear or doubt of her careful reformation; for she said, that her Commandment was given a little before the late troubles (meaning the Earl of Essex's matters) but had an unfortunate Event: but that in the middest of her most great and weighty occasions, she thought upon them. And that this should not suffice, but that further Order should be taken presently and not in futuro (for that also was another word which I take it her Majesty used) and that some should be presently repealed, some suspended, and none put in Execution, but such as should first have a Tryal according to the Law for the good of the People. Against the abuses her wrath was so incensed, that she said, that she neither could nor would suffer such to escape with impunity. So to my unspeakable comfort she hath made me the Messenger of this her gracious Thankfulness and Care. Now we see that the Axe of her Princely Justice is laid to the Root of the Tree; and so we see her gracious goodness hath prevented our Counsels and Consultations. God make us thankful, and send her long to Reign amongst us. If through weakness of memory, want of utterance or frailty of my Self, I have omitted any thing of her Majesties Commands, I do most humbly crave Pardon for the same: And do beseech the Honourable Persons which assist this Chair and were present before her Majesty at the delivery hereof, to supply and help my imperfections; which joined with my fear have caused me (no doubt) to forget something which I should have delivered unto you.

After a little pause and silent talking one with another, M^r Secretary Cecill stood up and said, There needs no supply of the Memory of the Speaker: But because it pleased him to desire some that be about him to aid his delivery, and because the rest of my Fellows be silent, I will take upon me to deliver some thing which I both then heard, and since know. I was present with the rest of my Fellow Counsellors, and the Message was the same that hath been told you; and the cause hath not succeeded from any particular course thought upon, but from private Informations of some particular persons. I have been very Inquisitive of them and of the Cause, why more importunity was now used than afore, which I am afraid comes by being acquainted with some course of proceeding in this House. There are no Patents now of force, which shall not presently be revoked; for what Patent soever is granted, there shall be left to the overthrow of that Patent, a Liberty agreeable to the Law. There is no Patent if it be Malum in se, but the Queen was ill apprized in her Grant. But all to the generality be unacceptable. I take it, there is no Patent whereof the Execution hath not been injurious. Would that they had never been granted. I hope there shall never be more, (All the House said Amen.) In particular most of these Patents have been supported by Letters of Assistance from her Majesties Privy Council; but whosoever looks upon them shall find, that they carry no other stile, than with relation to the Patent. I dare assure you that from henceforth there shall be no more granted. They shall all be revoked. But to whom do they repair with these Letters? to some out-house, to some desolate Widow, to some simple Cottage, or poor ignorant People, who rather than they would be troubled and undo themselves by coming up hither, will give any thing in reason for these Caterpillars satisfaction. The notice of this is now publick, and you will perhaps judge this to be a Tale to serve the time. But I would have all men to know thus much, that it is no jesting with a Court of Parliament, neither dares any man (for my own part I dare not) so mock and abuse all the States of this Kingdom in a matter of this consequence and importance. I say therefore there shall be a Proclamation general throughout the Realm to notify her Majesties resolution in this behalf. And because you may eat your meat more savourly than you have done, every man shall have Salt as good cheap as he can either p. 653buy it or make it, freely without danger of that Patent, which shall be presently revoked. The same benefit shall they have which have cold Stomachs, both for Aquavitae and Aqua composita and the like. And they that have weak Stomachs, for their satisfaction, shall have Vinegar and Alegar, and the like set at liberty. Train Oyl shall go the same way; Oyl of Blubber shall march in equal rank; Brushes and Bottles endure the like Judgment. The Patent for Pouldavy, if it be not called in, it shall be Oade; which as I take it is not restrained either by Law or Statute, but only by Proclamation (I mean from the former Sowing) though for the saving thereof it might receive good disputation. Yet for your satisfaction, the Queens Pleasure is to revoke that Proclamation; only she prayeth thus much, that when she cometh on Progress to see you in your Countries; she be not driven out of your Towns by suffering it to infect the Air too near them. Those that desire to go sprucely in their Ruffs may at less charge than accustomed obtain their wish; for the Patent for Starch, which hath so much been prosecuted, shall now be repealed; There are other Patents which be considerable, as the Patent of New Drapery, which shall be suspended and left to the Law; Irish Yarn, a matter that I am sorry there is no cause of Complaint; for the Salvageness of the People and the War hath frustrated the hope of the Patentee, a Gentleman of good service and desert, a good Subject to her Majesty, and a good Member of the Common-Wealth, M^r Carmarthen. Notwithstanding it shall be suspended and left to the Law. The Patent for Calf-Skins and Fells, which was made with a relation, shall endure the censure of the Law. But I must tell you, there is no reason that all should be revoked, for the Queen means not to be swept out of her Prerogative. I say it shall be suspended, if the Law do not Warrant it. There is another Servant of her Majesties M^r Onslow, one of her Pensioners, an honest Gentleman and a faithful Servant, he hath the Patent for Steel, which one M^r Beale once had; this too because of Complaints shall be suspended. There is another that hath the Patent for Leather, Sir Edward Dyer, a Gentleman of good desert, honest, religious and wise; this was granted unto him thirty years ago. It crept not in by the new misgovernment of the time: Yet this shall also be suspended. The Patent for Cards shall be suspended and tryable by the Common Law. The Patent for Glasses, which though I do least apprehend to be prejudicial to the publick good, yet it is lest to the Law. There is another Patent for Saltpeter, that hath been both accused and slandered; It digs in every mans House, it annoys the Inhabitant, and generally troubleth the Subject: For this I beseech you be contented. Yet I know I am to blame to desire it, it being condemned by you in foro Conscientiae; but I assure you it shall be fully sifted and tryed in foro judicii. Her Majesty means to take this Patent … her Self, and advise with her Council touching the same. For I must tell you the Kingdom is not so well furnished with Powder now as it should be. But if it be thought fit upon advice to be cancelled; her Majesty commanded me to tell you, that though she be willing to help the grave Gentleman that hath that Patent, yet out of that abundant desire that she hath to give you compleat satisfaction, it shall be repealed. This hath come to the Ear of the Queen, and I have been most earnest to search for the Instrument, and as a Counsellor of State, have done my best endeavour to salve the sore; But I fear we are not secret within our selves. Then must I needs give you this for a future Caution, That whatsoever is subject to publick expectation cannot be good, while the Parliament matters are ordinary talk in the Street. I have heard my self, being in my Coach, these words spoken aloud, [God prosper those that further the overthrow of these Monopolies, God send the Prerogative touch not our Liberty.] I will not wrong any so much as to imagine he was of this Assembly; Yet let me give you this Note, That the time was never more apt to disorder and make ill interpretation of good meaning; I think those persons would be glad that all Sovereignty were converted into Popularity; We being here, are but the popular branch, and our liberty, the liberty of the Subject: And the World is apt to slander most especially the Ministers of Government.

Thus much have I spoken to accomplish my duty unto her Majesty, but not to make any further performance of the well uttered and gravely and truly delivered Speech of the Speaker. But I must crave your favours a little longer to make an Apology for my self. I have held the favour of this House as dear as my Life, and I have been told that I deserved to be taxed Yesterday of the House. I protest my Zeal to have the business go forward in a right and hopeful course; and my fear to displease her Majesty by a harsh and rash proceeding made me so much to lay aside my discretion, that I said it might rather be termed a School than a Council, or to that effect. But by this Speech if any think I called him School-Boy, he both wrongs me and mistakes me. Shall I tell you what Demosthenes said to the Clamours which the Athenians made, that they were Pueriles & dignos pueris. And yet that was to a popular State. And I wish that whatsoever is here spoken may be buried within these Walls. Let us take Example of the Jewish Synagogue, who would always Sepelire Senatum cum honore, and not blast their own Follies and Imperfections. If any man in this House speak wisely, we do him great wrong to interrupt him; if foolishly, let us hear him out, we shall have the more cause to tax him. And I do heartily pray that no Member of this House may plus verbis offendere quàm consilio juvare.

M^r Francis Moore said, I must confess M^r Speaker, I moved the House both the last Parliament and this touching this point, but I never meant p. 654(and I hope this House thinketh so) to set limits and bounds to the Prerogative Royal. But now seeing it hath pleased her Majesty of her self, out of the abundance of her Princely goodness, to set at liberty her Subjects from the thraldom of those Monopolies, from which there was no Town, City or Country free; I would be bold in one motion to offer two considerations to this House; The first, that M^r Speaker might go unto her Majesty to yield her most humble and hearty thanks and withal to shew the joy of her Subjects for their delivery, and their thankfulness unto her for the same; The other, that where divers Speeches have been made extravagantly in this House, which doubtless have been told her Majesty, and perhaps all ill conceived of by her, I would therefore that M^r Speaker not only should satisfy her Majesty by way of Apology therein, but also humbly crave pardon for the same.

Mr. Wingfield said, My heart is not able to conceive the joy which I feel, and I assure you my Tongue cannot utter the same. If a sentence of Everlasting happiness had been pronounced unto me, it could not have made me shew more outward joy than now I do, which I cannot refrain to express (and here as I think he wept) There could nothing have been more acceptable to the Subject than this Message. And I verily think, if ever any of her Majesties words be meritorious before God, this is. I do agree withall my heart in the first part of the Gentlemans motion that last spake; but do utterly mislike the latter: For it is not to be intended, we should have had so good and gratious a Message, if the truth of some particular Speeches had been delivered unto her. And now for us to accuse our selves by excusing a fault with which we are not charged, were a thing in my opinion inconvenient, and unfitting the wisdom of this House.

Mr. George Moore spake to the same effect.

Sir Francis Bacon spake to the same effect also, and in the end concluded thus, Neseio quid peccati portet haec purgatio.

So it was put to the question and concluded, That thanks should be returned by the Speaker, and some twelve were named to go with him as a convenient number, and intreaty made to the Privy Council to obtain liberty to be admitted.

On Thursday the 26^th day of November the Bill for the Amendment of the Highway called Double sole Green in the County of Middlesex was read the first time.

Mr. Fretchvill offered to the consideration of the House a Bill to reform the abuses in weights and measures, and declared the necessity of reformation therein, and prayeth the reading.

Two Bills of no great moment had each of them one reading; of which the second being the Bill touching Feltmakers was read the second time and committed unto the Knights and Citizens for London, Sir George Moore, the Knights for Middlesex and Surrey, Mr. Wiseman and others, who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon.

Two Bills had each of them one reading; of which the second being the Bill for the better furnishing of her Majesties Navy Royal touching Cordage, was upon the first reading rejected.

Mr. Doctor Parkins made Report of the meeting of the Committees in the Bill for the benefit of Merchants, and advancement of her Majesties Custom; And that the Committees do think it a Bill in their opinions not to be any more dealt in by this House for many reasons by him delivered.

The Bill for the grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read the first time. (Vide concerning this Bill on Saturday the 5^th day of December next following.)

Mr. Jones one of the Committees in the Bill for Landoveroure (who were appointed on Tuesday the 24^th of this instant November foregoing) certifieth in the Bill with some Amendments therein by the Committees.

M^r Secretary Cecill said, If I should tell you otherwise than truth in matter of so great consequence, I should need no other process than my own Conscience; That to so gratious a Message there was never returned more infinite thanks, we all are assured. From the Queen I have received a short Answer in these words. [You can give me no more thanks for that which I have promised, than I can and will give you thanks for that which you have already performed] meaning the Subsides and Fifteenths. So inseparable are the qualities of the Prince and the Subject: Good for the one and for the other. If by true interpretation of the Law, Voluntas reputatur pro facto; you shall not need, your good will being already known, use any actual thanks; neither will she receive any, till by a more affected consummation she hath compleated that work: at that time she will be well pleased to receive your thanks and to return to you her best favours. (Vide concerning this matter on Saturday the 5^th day of December following)

On Friday the 27^th day of November four Bills had each of them one reading; of which the last being the Bill for the enlarging of the Statute of the first year of her Majesties Reign touching the breed of Fish, was read the first time and rejected.

Two Bills of like consequence had each of them one reading; of which the second being the Bill for the true payment of Tythes within the Walls of the City of Norwich, was read the second time and committed unto the Citizens for Norwich, Sir Francis Hastings, M^r Fretchvill, the Knights for Norfolk, M^r John Hare and others, who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon.

p. 655Sir Francis Hastings offered a new Bill touching resorting to the Church on Sunday, and prayed the acceptance thereof and the reading.

The Bill for the more diligent resorting to the Church on Sunday had its first reading.

Thus far of the Passages of this day out of the Original Journal-Book of the House of Commons, the residue is out of the private Journal.

The Speaker stood up and wisht the House to advise what they would do with the Prisoners that served Sir Edmund Morgan and M^r Pemerton with Subpoena's, and shewed that they were ready at the Door to attend.

M^r Tate said, I will be bold to offer two Precedents to this House touching serving of Subpoena's; yet first let us enter into consideration of the force of the Priviledges we now have. It is manifest, and I think no man doubteth, but that heretofore the Houses of Parliament were both one without division; and that the United Body of the Parliament had the same Priviledges and Jurisdictions which we now have. And though there be Session or separation of the United Body, yet the Priviledges do remain still entire. For by most antient Records of this Realm it may plainly appear, that the same Priviledges serve both Houses. The first Precedent is in King Edward the first his dayes, when the Templers had certain Tenants of the Parliament House which were behind with their Rents, and they made humble Petition to the King, that they might either distrain their Bodies or Goods for the same. The King as it appeareth, Answered, Non videtur honestum quòd aliquis de Magno Parliamento nostro distringatur. So that it seems we are Priviledged from all kind of distress whatsoever. The second is one Pogo de Clare, who did presume to serve a Citation upon Edmond Earl of Cornwall within Westminster-Hall as he was going to the Parliament House, for which he was sent to the Tower, and made to submit himself de alto & basso, and a Fine of twenty thousand Marks imposed upon him, which he truly paid. Besides, because Westminster-Hall was within the Precinct Liberties of the Abbot of Westminster he was Fined a thousand pound for that contempt: But by Mediation of the Bishop it was remitted to a hundred pound, which he also truly paid to the Abbot. And our use at this day is not warranted by antient course of Precedents; for if a man had been Arrested upon a Subpoena, upon notice given he should have had a Writ of Priviledge, which of course her Majesty must have allowed. Then he made a long Speech upon Trewinnard and Skewish's Case 35 Hen. 8. Dyer fol. 55. Pl. 8. & 36 H. 8. 59. Pl. 17, &c. See the Book at large.

M^r Bretten shewed, that a Member of this House (M^r Philips the Lawyer) was served with a Privy-Seal out of the Court of Wards, by one Thomas Deane Servant to one M^rs Chamberlain a Widow; who when he delivered the Process, being told it would be taken in evil part by the House, said, he cared not; and that the House would punish him for it and bring him on his Knees, he Answered, his Mistress would … him out, and she made no doubt but she should find as good Friends there as he had. Whereupon the House willed that she and her Servant should be sent for by the Serjeant.

M^r Holcrost shewed the House that many Complaints were made, but none punished; many sent for, but none appeared. There was a matter Complained of by one M^r Morrice a Gentleman that had his Man Arrested at his Heels by the Sheriffs of Shrewsbury, and nothing was done therein.

M^r Morrice said, that after the House had given Order to the Serjeant to go, he came (said he) unto me to certifie him of the Parties and of the particulars. And what he hath since done therein I know not.

M^r Roger Owen said, May it please you M^r Speaker, my self being chosen for the Shire, think it my part to speak something, seeing the Burgesses for the Town neglect their duties in not speaking. True it is, that such Order was given from the House, but the Gentleman M^r Morrice and some others being willing to let me have the Examination of the matter, came before me, and upon Examination (a wise Examination no doubt, quoth M^r Secretary) I sound that he was no menial Servant, but only a Servant that brought him part of the way, and was to go no further with him towards the Parliament. Whereupon I think the Serjeant having so much notice, stayed.

M^r Browne of Grayes-Inn said, M^r Speaker, it seemeth this matter is shufled up, I humbly pray the Serjeant may be heard. And all the House cryed I, I.

After three Congies made the Serjeant shewed, that he was with M^r Morrice, and that he offered him to send one of his men, but because he was in doubt of finding them, he desired some part of his Fees, or money for his charges or Horses, or else he would find Horses, or get one of his fellow Serjeants to go, because he could not well be spared from this Service; if not, he would for his more Expedition procure a Pursevant to go with a Warrant under M^r Speaker's hand, and some of the Honourable of the Councel in this House for the more speedy Passage. All which courses M^r Morrice rejected. And I hope the House meant not I should go or send on my own Purse, or hazard the charge my self. And therefore I hope this will be sufficient for my discharge. And all the House cryed I, I, I.

So no more was said of that matter, for the Speaker seemed to favour the cause, and therefore he presently stood up and asked if the House would have the Prisoners in, which served Sir Edmund Morgan and M^r Pemerton; and by this shift the former matter was shufled up.

Christopher Kennell and William Mackerells were brought to the Bar, the one for serving Sir Edmund Morgan with a Subpoena, the other p. 656with serving Mr. Pemerton with the like Writ.

Christopher Kennell said, M^r Speaker, and the rest of this Honourable House, I am (though poor) a Gentleman born and known to many in this Assembly; This perhaps may be a cause to aggravate my offence. I hope there is no man that doth not know me, and I am sure there is no man which doth know me, but thinketh, I would not willfully commit such an offence as this is. I have been sometimes (though unworthy) a Member of this House, and I have seen and known the Justice of the House in the like Cases: But M^r Speaker, if there be either honesty or Christianity in me, by the same I do protest that I knew not Sir Edmund Morgan was of this House of Parliament, which I think he will avouch himself. And as soon as I heard it, I went to Sir Edmund's Chamber, where I found him, to reconcile my self and make an Atonement (for that was his word) with him. As I was doing this, M^r Serjeant came into the Chamber and there Arrested me; whose Arrest I most willingly obeyed, and do now acknowledge my self to have offended though not wittingly. May it please you, I have served her Majesty these eighteen Years in her Wars, and in all my Life I was never Trespasser in any offence of this or the like nature. I do therefore most humbly beseech you in your Wisdoms to have consideration of the nature and circumstances of mine offence, and most willingly I do submit my self to your Censures.

William Mackerells being a poor simple Fellow could say nothing for himself, but only that he knew not M^r Pemerton to be of the House, no not for his Life, if it, &c.

So the Serjeant was commanded to remove them forth.

Mr. Johnson said, Some we Pardon out of Discretion, some out of Commiseration, I think set all Parliaments together, they will not match this Parliament with numbers of this nature; only impunity, the Cause.

Sir Edmund Morgan said, The Gentleman (Mr. Speaker) is a Man of good desert, sort and carriage; and I think if he had known me to have been of this House, he would not have served me with the Subpoena. Truly he came to my Lodging and acknowledged his great fault, and prayed me to extenuate it. I protest I think he did not know I was of the House. And therefore I humbly pray that in regard of his person and good service done to her Majesty, his offence may be as freely remitted by the House as it is by me; And that it would please you all to reserve your Justice to matters of greater importance. Which-Speech was marvellous well liked of by the House.

M^r Pemerton being asked what he could say, whether William Mackerells knew him; he Answered, I, and that his men had told him. He said he knew that the said William was a very Knave, and therefore he would not entreat the favour of the House, but let him have the Justice of the House. Which Speech was generally misliked as churlish.

M^r Fleetwood a Counsellor of Grayes-Inn shewed unto the House that one Holland a Scrivener by Temple-Bar, and his Man had beaten his Servant; And he humbly prayed they might be sent for. And the question grew upon dispute whether this were punishable. And after upon a Precedent vouched by M^r Roger Owen of 8 Hen. 4. touching a Knight of the Parliament coming towards the Parliament. And so agreed they should be sent for. See the whole matter on Saturday next.

M^r Kennell and M^r Mackerells were brought to the Bar, and after their offences laid open by the Speaker, he said, it pleased the House to have so favourable consideration of their offences, that they should only have three dayes Imprisonment in the Custody of the Serjeant and pay him their Fees.

M^r Downald moved the House, first, that that gracious Message which had been sent from her Majesty might be written in the Books of Records of this House, (being worthy to be written in Gold) as well as it is written and fixed in the true heart of every good Subject; Secondly, That the Honourable Assembly of this House would move her Majesty and be earnest means of speed, lest that which is now meant indeed may by protraction of time be altered, or perhaps not so happily effected.

M^r Secretary Cecill said, I promised to be as silent as I could. Among much Speech of the wise, there wants not much folly, much more in me. I do not speak because I do dislike the Motion of the Gentleman that last spake, but to defend the diligence and grace of the Queen. It is no matter of Toy for a Prince to notifie in publick a matter of this weight. Though the Idol of a Monopoly be a great Monster, yet after two or three days I doubt not but you shall see him dismember'd; And I protest there is not any Soul that lives deserves thanks in this Cause but our Sovereign. Yesterday the Queen gave Order for a Draught of a Proclamation, I had it in my hand. You all know, I went even now out of the House (that was in the middle of M^r Tate's Speech) then I read it, and sent for him that should deliver it to her hands. Now what needs this new Zeal?

M^r Davies said, M^r Speaker, I stood up before to speak, it is not much I had to say, only this, That which was delivered unto you from her sacred self, I think to be Gospel, that is, Glad Tidings; And as the Gospel is registred and written, so would I have that also; for if ever glad tidings came to the heart of the Subject, they now come. This is all Sir.

Sir George Moore said, This eating and fretting Disease of Monopolies I have ever detested with my heart, and the greater the grievance is, the more inestimable is the grave wisdom of her Majesty in repealing them. And therefore for us to think we can sufficiently requite the same, it p. 657were to hold a Candle before the Sun to dim the Light. And seeing she in her Clemency and Care to us hath taken the matter in her own hands, I wish the matter may be no more spoke of, much less proceeded in.

Sir Francis Hastings said, It ought to be written in the Tables of our hearts, &c.

Mr. Lawrence Hide said, I think the Gentleman that set this Motion on foot, spake out of Joy for her Majesties Grace and Zeal to have performance of her Promise. In that he wished it might be recorded in Paper here or Parchment, it is not to be intended, but he meant also in our hearts, which remain no longer than we live; But Records remain long, and will give a lively memory in Ages to come. And therefore for that part of his Motion I think it very good, and wish the Clerk may do it accordingly.

Mr. Comptroller said, I think he that first moved this question, exceedingly forgot himself, and exceedingly detracted from her Majesty, who I know out of her abundant love and grace to this House, hath taken such speedy course, as hath been delivered by my Fellow Counsellor. With that affection she embraceth this House, that in more familiar than Princely sort, it hath pleased her to say, Recommend me to the House with thanks for their promise and care for their common good.

Mr. Speaker said, My Heart is not able to conceive, nor my Tongue to utter the Joy I conceived of her Majesties Gracious and especial Care for our good, &c. Wherefore as God himself said, Gloriam meam alteri non dabo, so may her Majesty say, in that she her self will be the only and speedy Agent for performance of our most humble and most wished desires. Wherefore let us not doubt but as she hath been, so she still will be our most Gracious Sovereign and natural Nursing Mother unto us. Whose dayes the Almighty God prolong to all our Comforts. All said Amen.

On Saturday the 28^th day of November, the Bill for the maintenance of Shipping and increase of Mariners was read the first time.

Sir George Moore one of the Committees in the Bill touching Fines to be levyed in the County of the City of Chester, brought in the Bill amended by the Committees.

The Amendments in the Bill touching Fines to be levyed in the County of the City of Chester were twice read, and the Bill was Ordered to be ingrossed.

The Bill touching draining of Grounds in the Isle of Ely and the Counties of Cambridge, Huntington, &c. was read the second time and committed unto the Queens Learned Councel being of this House, the Knights and Burgesses for the Shires named in the Bill, my Lord Clinton and others, who were appointed to meet upon Tuesday next in the Court of Wards at two of the Clock in the Afternoon.

Mr. Mountague made Report of the meeting of the Committees in the Bill touching the Jointure of the Countess of Bedford and Proviso thereunto, which he brought in with some Amendments.

The Amendments in the Bill for the Jointure of the Countess of Bedford and the Proviso thereunto annext, were twice read, and with the Bill Ordered to be ingrossed.

Sir William Wray shewed the meeting of the Committees in the Bill touching Drunkenness with some Amendments.

The Amendments in the Bill touching Drunkenness were twice read, and with the Bill Ordered to be ingrossed.

Two Bills also had each of them one reading; of which the second being the Bill touching Lands given to Charitable uses, &c. was read the second time, and committeed to the Committees for repeal of Statutes (whose names see on Thursday the 5^th day of November foregoing) and there were added unto them the Queens Learned Councel being Members of this House, the Masters of Requests, Sir Edward Stafford, Sir Edward Hobbie and divers others, and appointed to meet in the Exchequer Chamber upon Tuesday next at two of the Clock in the Afternoon. And the Committees to have Authority as well to put into the Bill of Repeal or in the Bill of continuance of Statutes the former Act made in the last Parliament touching Lands given to charitable uses, as to deal in this present Bill, if it shall so seem good unto them.

M^r Secretary declared, that according to the direction of this House, her Majesty hath been informed of the exceeding and inestimable joy and comfort which this House hath received by a Message lately published sent from her Highness by M^r Speaker; And hath been likewise moved to signify her Highnesses pleasure touching the determination of this House, in appointing Mr. Speaker with some selected Company of the same to render the most humble and dutiful thanks of this whole House, for the said most gracious, most princely and comfortable Message: And her gracious Answer was, That her Majesty being acquainted with the said desires of this House, did vouchsafe that Mr. Speaker with forty, fifty or a hundred of this House, such as should thereunto be appointed, should have access unto her Majesty for the same purpose upon Monday next in the Afternoon at the Court, and should be all welcome.

Whereupon were appointed the Knights for all the Shires, My Lord Hayward, my Lord Clinton, all Knights Members of this House, the Citizens and Knights for London, the Masters of Requests, Mr. Bacon, Mr. Francis Lee, Mr. Dr. Parkins, Mr. Warcup, Mr. Dr. Bennet, Mr. Dr. James, Mr. Davies, Mr. Martin, and Mr. Simnel.

Robert Holland Scrivener and Lawrence Brook his Servant were brought to the Bar, and being charged by Mr. Speaker with their offence against this House in offering an abuse unto a Member of the same in striking and ill intreating of Mr. … and his servant attending upon him … presence; it was upon the hearing and debating of the matter Ordered upon the question, that the said Robert Holland and Lawrence Brook his servant should be committed Prisoners to the Serjeant of this House for the space of five days, and then to be discharged paying the Fees of the Serjeant and the Clerk.

The Bill that the Lord Marquess of Winchester may dispose of his Lands whereof he is Tenant in Tayle, as other Tenants in Tayle by the Laws and Statutes of the Realm may do, &c. was read the second time and committed unto all the Privy Council being Members of this House, all the Queen's Learned Councel likewise; Sir Robert Wroth, Sir Fdward Moore, Sir Francis Hastings, Sir Walter Raleigh and others; and the Bill and Committees names were delivered to Sir Edward Moore, who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber.

Christopher Hillyard Esquire returned into this present Parliament a Burgess for the Borough of Heydon in the County of York, for that he is visited with sickness and thereby unable to give his Attendance, is licensed by Mr Speaker to depart home.

Henry Hastings Esquire one of the Knights for the County of Leicester is licensed by Mr. Speaker for his necessary affairs to depart into his Countrey, after having left with the Serjeant ten shillings for the Poor.

On Monday the 30. day of November, Two Bills had each of them one reading; of which the second being the Bill for repairing and amending of Bridges near the City of Carlisle in the County of Cumberland was read the first time.

M^r D^r Caesar brought in the Bill touching the making of a Haven or Pier on the North part of Severn, &c. with some Amendments.

Two Bills also of no great moment had each of them one reading; of which the first being the Bill touching the Poulterers of London, was read the first time and rejected.

M^r Dale, one of the Committees in the Bill touching Feltmakers (who were appointed on Thursday the 26^th day of this instant November foregoing) shewed the meeting of the Committees, and brought in the Bill with a Proviso annext and some Amendments.

Thus far of the passages of this day out of the Original Journal-Book of the House of Commons: Now followeth a certain Message by Sir William Knolls her Majesties Comptroller, which he delivered in her Highnesses name unto the House, out of the private Journal.

Mr. Comptroller said, I am to certify you of her Highness's gladness and willingness to hear the acceptable News that was delivered unto her from this House, of our humble and earnest desire all to see her Majesty, and shew our thankfulness. She commanded me to tell you, That the reason of her limitation of having a convenient number was, that the place whereunto we should come was not big enough to receive us all; but she saith that she is glad that there is such a Sympathy betwixt her and us; And she is well pleased that this Afternoon at three of the Clock we should attend her, and without restraint or limit we may all come and shall be very welcom.

Mr. Barrington made Report of the Travel of the Committees in the Bill against Blasphemous Swearing (who were appointed on Tuesday the 10^th day of this instant November foregoing) and brought in the Bill with some Amendments.

The Bill for the grant of-four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read the second time and Ordered to be ingrossed. Vide concerning this Bill on Saturday the 5^th day of December next following.

The Bill to avoid trifling and frivolous Suits in Law was read the third time and passed upon the question.

The Bill touching Edward Nevill of Birling in the County of Kent, and Sir Henry Nevill Knight his Son and Heir, was read the third time and passed upon the question.

The Proviso added to Edward Nevill his Bill was thrice read, and likewise passed upon the question.

Francis Fortescue Esquire, returned one of the Knights for the County of Buckingham, is for his necessary affairs licensed by Mr. Speaker to depart into his own Country.

The greatest part of this Forenoons Passage being thus transcribed out of the Original Book of the House of Commons; now follows a question only moved by the Speaker upon the rising of this House, as also his access unto her Majesty in the Afternoon with divers of the said House at Whitehall, touching Monopolies or Patents of Priviledge, out of the said private Journal.

The Speaker asked the House, What it was their pleasures he should deliver unto her Majesty? and Sir Edward Hobbie stood up and said, it was best he should devise that himself, the whole House would refer it to him, and all said I, I, I.

In the Afternoon about three of the Clock, some sevenscore of the House met at the great Chamber before the Council Chamber in Whitehall.

At length the Queen came into the Council Chamber where sitting under the Cloth of State at the upper end, the Speaker with all the company came in, and after three low reverences made he spake to this effect.

MOST Sacred and most gracious Sovereign We your Faithful, Loyal and obedient Subjects and Commons here present, vouchsafed of your especial goodness (to our unspeakable comfort) access to your sacred presence, do in all duty and humbleness come to present that which no words can express, most humble and thankful acknowledgement of your most gracious Message, and most bounden and humble thanks for your Majesties most abundant goodness extended p. 659and performed to us. We cannot say, Most Gracious Soveraign, We have called and been heard, we have complained and have been helped; though in all duty and thankfulness we acknowledge, your Sacred Ears are ever open, and ever bowed down to hear us, and your blessed Hands ever stretched out to relieve us; We acknowledge, (Sacred Sovereign) in all duty and thankfulness we acknowledge, that before we call, your preventing Grace and All-deserving Goodness doth watch over us for our good, more ready to give than we can desire, much less deserve. That Attribute which is most proper unto God, to perform all he promiseth, appertaineth also unto you our Most Gracious Soveraign Queen, of all Truth, of all Constancy, or all Goodness, never wearied in doing good unto us (the Deeds themselves do speak) most careful to provide all good things for us, most gracious, most tender to remove all grievances from us … all your Princely Actions have ever …, and even now your most gracious published Proclamation of your own only meer Motion and special Grace for the good of all your People doth witness to us. We come not, Sacred Sovereign, one of ten to render thanks, and the rest to go away unthankful; but all of us, in all duty and thankfulness do throw down our selves at the Feet of your Majesty, do praise God and bless your Majesty. Neither do we present our thanks in words or any outward thing which can be no sufficient retribution for so great goodness; but in all duty and thankfulness, prostrate at your Feet, we present our most loyal and thankful hearts, even the last drop of Blood in our Hearts, and the last spirit of breath in our Nostrills to be poured out, to be breathed up for your safety.

And after three low Reverences made he with the rest kneeled down, and her Majesty began thus to answer her Self, viz.

MR Speaker, We have heard your Declaration and perceive your care of our State, by falling into the consideration of a grateful acknowledgment of such benefits as you have received; And that your coming is to present thanks unto us, which I accept with no less Joy than your Loves can have desire to offer such a Present. I do assure you, that there is no Prince that loveth his Subjects better, or whose Love can countervail our Love; There is no Jewel, be it of never so rich a prize, which I prefer before this Jewel, I mean your Love; for I do more esteem it than any Treasure or Riches: for that we know how to prize, but Love and Thanks I count inestimable. And though God hath raised me High, yet this I count the Glory of my Crown, that I have Reigned with your Loves. This makes me that I do not so much rejoice that God hath made me to be a Queen, as to be a Queen over so thankful a People. Therefore I have cause to wish nothing more than to content the Subject, and that is a duty which I owe. Neither do I desire to live longer dayes, than that I may see your Prosperity, and that's my only desire. And as I am that Person that still, … God, hath delivered you, so I trust, by the Almighty Power of God, that I still shall be his Instrument to preserve you from Envy, Peril, Dishonour, Shame, Tyranny and Oppression, partly by means of your intended helps, which we take very acceptably, because it manifesteth the largeness of your Loves, and Loyalties unto your Sovereign. Of my self I must say this, I never was any greedy, scraping Grasper, nor a strait fast-holding Prince, nor yet a Waster; My heart was never set on Worldly Goods, but only for my Subjects good. What you do bestow on me, I will not hoard it up, but receive it to bestow on you again. Yea mine own properties I count yours to be expended for your good. Therefore render unto them from me I beseech you, M^r Speaker, such thanks as you imagine my Heart yieldeth, but my Tongue cannot express.

Note that all this while they kneeled. Whereupon her Majesty said, M^r Speaker, I would wish you and the rest to stand up, for I shall yet trouble you with longer Speech, so they all stood up and she went on in her Speech, saying.

Mr. Speaker, You give me thanks, but I doubt me, I have more cause to thank you all than you me; And I charge you to thank them of the House of Commons from me: for had I not received a knowledge from you, I might have fallen into the Lap of an Error, only for lack of true Information. Since I was Queen, yet did I never put my Pen to any Grant, but that upon pretext and semblance made unto me, that it was both good and beneficial to the Subjects in general, though a private profit to some of my antient Servants who had deserved well: But the contrary being found by Experience, I am exceeding beholding to such Subjects as would move the same at first. And I am not so simple to suppose, but that there be some of the Lower House whom these grievances never touched; And for them I think they speak out of Zeal to their Countries, and not out of Spleen or malevolent Affection, as being Parties grieved; and I take it exceeding grateful from them, because it gives us to know that no respects or interesses had moved them, other than the minds they bear to suffer no diminution of our Honour, and our Subjects Love unto us. The Zeal of which Affection tending to ease my People and knit their Hearts unto me, I embrace with a Princely Care; far above all Earthly Treasure I esteem my Peoples Love, more than which I desire not to merit. That my Grants should be grievous to my People, and Oppressions to be Priviledged under colour of our Patents, our Kingly Dignity shall not suffer it; Yea, when I heard it I could give no rest to my thoughts until I had reformed it. Shall they think to escape unpunished, that have thus oppressed you, and have been … of their duty, and regardless of our Honour? No. M^r Speaker, I assure you, were it not more for Conscience sake, than for any glory or encrease of Love, that I desire these Errors, Troubles, Vexations and Oppressions done by these Varlets and lewd Persons, not worthy the name of Subjects, should not escape without condign punishment. But I perceive they dealt with me like Physicians, who ministring a Drug make it more acceptable by giving it a good Aromatical Savour, or when they give Pills do gild them all over. I have ever used to set the last Judgment day before mine Eyes, and so to Rule as I shall be judged to answer before a Higher Judge. To whose Judgment Seat I do Appeal, that never thought was cherished in my Heart that tended not to my Peoples good. And now if my Kingly Bounty have been abused, and my Grants turned to the hurt of my People, contrary to my will and meaning; or if any in Authority under me, have neglected or perverted what I have committed to them, I hope God will not lay their Culps and offences to my Charge; and though there were danger in repealing our Grants, yet what danger would not I rather incur for your good, than I would suffer them still to continue? I know the Title of a King is a Glorious Title; but assure your self, that the shining glory of Princely Authority hath not so dazled the Eyes of our understanding, but that we will know and remember, that we also are to yield an Account of our Actions before the great Judge. To be a King and wear a Crown is more glorious to them that see it, than it is pleasure to them that bear it. For my Self, I was never so much enticed with the glorious name of a King, or Royal Authority of a Queen, as delighted that God hath made me this Instrument to maintain his Truth and Glory, and to defend this Kingdom (as I said) from Peril, Dishonor, Tyranny and Oppression. There will never Queen sit in my Seat with more Zeal to my Country, Care to my Subjects, and that will sooner with willingness yield and venture her Life for your Good and Safety than my Self. And though you have had and may have many Princes more mighty and wise sitting in this Seat, yet you never had or shall have any that will be more Careful and Loving. Should I ascribe any thing to my Self and my Sexly Weakness, I were not worthy to live then, and of all most unworthy of the mercies I have had from God, who hath ever yet given me a Heart which never yet feared Foreign or home Enemies. I speak it to give God the praise as a Testimony before you, and not to attribute any thing unto my self; For I, O Lord, what am I, whom practices and perils past should not fear! O what can I do (these she spake with a great Emphasis) that I should speak for any Glory! God forbid. This M^r Speaker I pray you deliver unto the House, to … heartily recommend me. And so I … all to your best Fortunes, and further Councels. And I pray you Mr. Comptroller, Mr. Secretary, and you of my Council, that before these Gentlement depart into their Countries, you bring them all to kiss my Hand.

Thus far out of the aforesaid Journal; Now follows part of the next dayes Passages out of the Original Journal-Book of the House of Commons.

On Tuesday the first day of December, Three Bills had each of them one reading; of which the last being the Bill for Inning of certain surrounded Grounds in the County of Norfolk was read the second time, and committed to the former Committees for surrounded Grounds in the Counties of Cambridge and Huntington, and unto Sir Michael Sands, Sir Moile Finch, M^r Oliver Cromwell, M^r Walter Cradock and others, and the Bill was delivered to Sir Robert Wroth one of the former Committees, who with the rest was appointed to meet this Afternoon at two of the Clock in the Court of Wards.

The Amendments in the Bill touching imperfections of a Statute made in the eighth year of her Majesties Reign concerning the making of Hats were twice read, and with the Bill Ordered to be ingrossed.

The Amendments in the Bill also against usual and common swearing were twice read, and the Bill was Ordered to be ingrossed.

Upon the reading of the Amendments divers spake unto the Bill, two of whose Speeches are here transcribed out of the private Journal, as also others relating to other matters.

M^r Gascock spake and said, Man is made of two parts, a Soul and a Body; And there are two Governments, the one Imperial, the other Sacerdotal; the first belonging to the Common-Wealth, the second to the Church. Swearing is a thing moral and toucheth the Soul, and therefore fitter to be spoken of in a Pulpit than in a Parliament. If the God of Abraham, the God of Isaac, and the God of Jacob hath sworn, his Plague shall not depart from the House of the Swearers, why should we not seek to repress this Vice, which brings a Plague, which breeds Mortality, that breeds Destruction, Desolation, and the utter ruin of the Common-Wealth? If he forbid us to Swear, and we fear not his Commandments, think you a pain of ten shillings as is here set down, will make us refrain this iniquity? I may speak of this Bill as a Painter which made a most Artificial Table of the Waves of the Sea, and another Painter in the same Table Painted a Tree so lively as possible might be, growing as it were out of the Sea: There grew a question which was the most curious Workmanship; and the deciding of the Controversie was referr'd to a third skilful Painter, who gavethis Judgment of the Tree, O valde bene, sed non hic erat locus. So may I say of this Bill; It is as hard for this penalty to restrain this Sin, as for Religion to spring out of the Common Law and to take effect. Aristotle saith, a Man may be Bonus p. 661Civis, but not Bonus Vir; And though I abhor the sin, yet I deny not but a Sinner may be a good Member. Moses when he saw God, could but see his back parts only, and no Man ever saw more. Why, these Swearers swear by all his Parts, so perfectly, as though they had seen him all over. Philip King of France made a Law that the Swearer should be drowned; Another Law was made that a certain sum should be presently paid as soon as he had Sworn, or else the Swearer to lose his Head. We use so much Levity in our Law, that we had as good make no Law, for we give a Penalty, and to be taken upon condition before a Justice of Peace; Here is wise stuff, first mark what a Justice of Peace is, and we shall easily find a Gap in our Law. A Justice of Peace is a living Creature, yet for half a Dozen of Chickens, will dispense with a whole dozen of penal Statutes. We search and ingross the retail. These be the Basket Justices of whom the Tale may be verified of a Justice that I know, to whom one of his poor Neighbours coming, said, Sir, I am very highly rated in the Subsidy Book, I be seech you to help me. To whom he Answered, I know thee not. Not me Sir, quoth the Country man? Why your Worship had my Teem and my Oxen such a day, and I have ever been at your Worships Service; Have you so Sir, quoth the Justice, I never remember'd I had any such matter, no not a Sheeps-Tail. So unless you offer Sacrifice to the Idol-Justices, of Sheep and Oxen, they know you not. If a Warrant come from the Lords of the Council to levy a hundred men, he will levy two hundred, and what with chopping in and chusing out, he'll gain a hundred pounds by the Bargain. Nay if he be to send out a Warrant upon a mans request to have any fetcht in upon suspicion of Felony or the like; he will write the Warrant himself, and you must put two shillings in his Pocket as his Clerks Fee, (when God knows he keeps but two or three Hindes) for his better maintenance. Why we have past here five Bills of Swearing, going to Church, good Ale, Drunkenness and ..... this is as good to them as if you had given them a Subsidy and two Fifteenths. Only in that point I mislike the Bill, for the rest I could wish it good passage.

Sir Francis Hastings said (amongst other Speeches to this Bill) That such Justices were well worthy to be lockt up in an Ambery. But he wisht that all might not be censured for one evil, who though he neglected both the care of Conscience and Country which he should love, yet doubtless many did not so, as being touched in Conscience to remember that our long Peace should make us careful to please Him in doing of Justice, that had preserved us, and was the Author of our Peace, God himself. And thereupon the said Bill was ingrossed as aforesaid.

Mr. Wiseman moved the House to remember two things; one that it had been an Antient Custom in Parliament, sometimes to call the House, which as yet was not done; the other, that whereas heretofore Collection had been used for the Poor, those which went out of Town, would ask leave of the Speaker and pay their money.

Sir Edward Hobbie said, The Gentleman that last spake moved you, but I would remove you a little further. May it please you, It hath been a most laudable Custom, that some contribution or Collection should be made amongst us in pios usus; And I humbly pray we do not forget our Parliamental Charity. Every Knight paid ten shillings, every Burgess five shillings, part of the whole to the Minister, and part to your Servant here, and part to the Poor, the rest at your disposals. The last time our Charity ransom'd a Prisoner, for the Father's good desert. The last time Sir Robert Wroth and Mr. Fettiplace were Collectors. It rests in you either to appoint them or chuse others.

Mr. Fettiplace said, It is true, Mr. Speaker, I was Collector the last year, there was paid out of the money collected, to the Minister ten pound, to the Serjeant thirty pound, to Sir John Leveson for the redemption of Mr. Fox his Son that made the Book of Martyrs, thirty pound: There was money given to Prisons, that is the two Counters, Ludgate and Newgate in London, in Southwark two, and Westminster one. How old the Custom is I know not; but how good it is I know. For my own particular, having once undergone that service already, I humbly pray that it would please you to accept another.

Mr. Tate said, Charity proceedeth from Conscience, it breeds obedience to God, it pleaseth God; and so went on and spake for a Town in his Country lately burnt, that it would please the House to contribute something to the Poors Loss.

The Bill for the assurance of the Joynture of Lucie Countess of Bedford was read the third time and passed upon the question.

The Bill for Denization of certain persons born beyond the Seas, as also the Bill for Confirmation of the Grant of King Edward the Sixth to Sir Edward Seymour Knight, had each of them one reading and passed upon the question, and with three others were sent up to the Lords by M^r Comptroller, Mr. Secretary Herbert and others.

Sir Walter Raleigh made Report of the Travel of the Committees in the Bill touching the payment of Debts upon Shop-Books (who were appointed on Wednesday the 15^th day of November foregoing) and brought in the Bill with some small Amendments, and prayed the reading thereof.

Mr. Tate likewise brought in the Bill from the Committees touching Sir Anthony Mayney Knight, with some Amendments and Alterations by the same Committees (who were appointed on Monday the 23^th day of November foregoing.

The Amendments in the Bill touching Sir Anthony p. 662Mayney Knight, &c. were twice read and Ordered to be ingrossed.

M^r Davies made Report of the meeting of the Committees in the Bill touching Painters, and certifieth the Bill with some Amendments.

The Amendments in the Bill touching Shop-Books were twice read, and with the Bill upon the question and division of the House Ordered to be ingrossed, viz. with the Yea a hundred fifty four, and with the No eighty eight.

These things being thus transcribed out of the Original Journal-Book of the House of Commons, now sollows a Message delivered by the Speaker in her Majesties name to the House, out of the private Journal.

M^r Speaker said, First I am by her Majesties Commission to make Report unto you of that rotable and excellent Speech which her Majesty delivered. I shall deliver unto you but a shadow of that substance; but I greatly rejoice, that so many were there present who are well able to supply to others the true Report of her Majesties Speech. It pleased her Majesty to shew in what gracious part she accepted our Loyalties. She said she rejoyced not so much to be a Queen, as to be a Queen over so thankful a People, and that God had made her a means to save us from Shame, Tyranny and Oppression. She did accept of our intended Present, which she said manifested our Love and Loyalty; most graciously affirming, that she never was any greedy Griper or Fastholder, and what we did present, she would not hoard it. For the thanks which were yielded for her great regard of us, she willed me to return her thanks to you most graciously; and to tell you, that her Heart never inclined to pass any Grant but upon suggestion that it was for the good of the Subjects: And now that the contrary hath appeared, she took it graciously that the knowledge thereof came from her Subjects. She ever set the last Judgment before her Eyes, and never thought arose in her but for the good of her People. If her Grants were abused to their Hurt against her Will, she hoped God would not lay their Culps and offences to her Charge, and the principal Members not touched; And had it not been for these her good Subjects, she had fallen from Lapse into Error. Those that did speak she thought spake not out of spleen or displeasure to the Grants, but to deliver the grief of their hearts, which above any Earthly Pleasure she respected. She said she was not allured with the Royal Authority of a King, neither did she attribute any thing unto her self, but all to the Glory of God. She said, the Cares and Trouble of a Crown are known only to them that wear it; and were it not more for Conscience sake than for any desert or want of disposition in her, these Patentees should not escape without condign Punishment. She desired not to Reign longer than that her Government and Reign should be for our good. She said, we well might have a Prince of more wisdom and sufficiency, but of more Love and Affection we should never have. Her Majesty delivered a Commandment to M^r Comptroller and M^r Secretary, that the Gentlemen of the Country should be brought to kiss her Hand before they departed.

The residue of this dayes Passages do follow out of the Original Journal-Book of the House of Commons it self, as also part of the next.

The Amendments in the Bill touching Shop-Books were twice read and Ordered to be ingrossed.

The Bill to prevent Perjury and Subornation of Perjury was read the second time, and committed unto the Queens Learned Council being Members of this House, M^r Attorneys of the Dutchy and the Court of Wards, Sir Moyle Finch, Sir Anthony Cope, M^r Townsend, M^r Bacon and others; And the Bill was delivered to M^r Townsend, who with the rest was appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Middle-Temple Hall.

The Bill for charitable uses was delivered to M^r. Barington.

On Wednesday the second day of December, Four Bills of no great moment had each of them one reading; of which the last being for the Assurance of the Parsonage and Vicaridge of Rotherstone to Tho. Venables Esq was read the second time, and committed unto the Knights and Burgesses for Chester and Cheshire, the Burgesses for Oxford, Sir Edward Hobbie and others, who were appointed to meet to Morrow in the Court of Wards, at two of the Clock in the Afternoon.

M^r Moore made Report of the meeting of the Committees in the Bill touching the Hospitals, and of some Amendments therein.

The Amendments in the Bill for the three Hospitals were twice read, and with the Bill Ordered to be ingrossed.

The Bill for the Amendments of Double Soal green was read the second time, and committed unto M^r Chancellor of the Exchequer, Sir Robert Wroth, Sir William Lane and others; and the Bill was delivered to Sir Robert Wroth, who with the rest was appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon.

The Bill to reform abuses used bv the Clerk of the Market was read the second time, and thereupon M^r Frechevile one of the Knights for Derbyshire spake unto it.

In that I speak being least worthy, I hope it will be deemed to proceed from affection, not presumption. Besides, I have learnt it for a Rule in this House, it is better to venture Credit than Conscience: There are three things to be considered in this Bill; the inconveniency, the necessity of the remedy, and the conveniency of the punishment. For the inconveniency, no man but knows it, who knows the State of his Country. In mine there is nothing more generally complained of than the inequality of measures; for the rich have two measures, with the one he p. 663buyes, and ingrosseth Corn in the Country, that is the greater; with the other he retails it at home to his poor Neighbours, that's by the lesser. This is to the great and just complaint of all. So after many other matters moved upon Statutes, the Bill was committed to M^r Frechvile, M^r Wiseman, M^r Johnson, Sir George Moore, Sir Robert Wroth, Sir John Egerton, the Burgesses and Citizens of all Cities and Corporate Towns, the Knights for Norfolk, M^r Francis Moore, M^r Zachary Lock, M^r Warcup, M^r Simnell, M^r Doyle and M^r Thomas Caesar, who were appointed to meet upon Saturday next in this House at two of the Clock in the Afternoon.

The Bill for the more diligent resort to Church upon Sundays was read the second time, unto which divers Speeches were had in the House.

M^r Roger Owen said, that he misliked the Bill for two respects; the one for the Penalty, the other in respect of the Party punishing, that is the Justice. For the first the Penalty is twelve pence. It is well known that the poorest Recusant in England ought as well as the rich to pay his twenty pound, and for want of Lands and Goods his Body is lyable; And therefore we shall double punish him, which is against Law. For the other, touching the Justice, I think it too great a trouble, and they are ever loaden with a number of penal Statutes, yea a whole Alphabet, as appears by Hussey in the time of Henry the Seventh. And this is a matter so obvious, that a Justice of Peace his House will be like a Quarter Sessions with the multitude of these Complaints. I think also it is an infringement of Magna Charta, for that gives Tryal per pares, but this by two Witnesses before a Justice of the Peace. And by this Statute if a Justice of Peace come into the Quarter Sessions, and say it is a good Oath, this is as good as an Indictment: Therefore for my part away with the Bill.

Sir Francis Hastings said, I never in my Life heard Justices of the Peace taxed before in this sort: for ought I know, Justices of Peace be men of Quality, Honesty, Experience and Justice. I would ask the Gentleman that last spake, but two questions; the first, if he would have any Penalty at all inflicted; the second, if in the first Statute or in this an easier way for the levying of this twelve pence. If he deny the first, I know his scope; if the second, no man but himself will deny it. And to speak so in both, is neither gravely, religiously nor rightly spoken. And therefore for God, the Queen, and our Countries sake, I beseech a Commitment.

M^r Carey Raleigh said, The Sabbath is Ordained for four Causes; First, To meditate on the Omnipotency of God, Secondly, To Assemble us together to give thanks, Thirdly, That we might be the better enabled to follow our own Affairs, Fourthly, That we might hallow that day and sanctify the same. King James the Fourth in the Year 1512. and King James the Sixth in the Year 1579, or 1597. did erect and ratify a Law, that whosoever kept either Fair or Market upon the Sabbath, his moveables should presently be given to the Poor. Men gathering of sticks were stoned to Death, because that was thought to be a kind of Prophanation of the Sabbath. In France a Woman refusing to sanctify the Sabbath, Fire appeared in the Air; this moved her not: it came the second time, and devoured all that ever she had (only a little Child in the Cradle excepted.) But to come nearer our selves, in the Year 1583. the House of Paris Garden by Gods just Judgment fell down as they were at the Bear-baiting the 23^th of January on a Sunday, and four hundred persons sorely crushed, yet by God's Mercy only eight slain outright. I would be an humble Suitor to the Honourable that sit about the Chair, that this brutish Exercise may be used on some other day and not upon the Sunday, which I with my heart do wish may be observed, and doubt not, but great reformation will come if this Bill pass. To the better effecting whereof, I humbly pray, that if there be imperfections in it, it may be committed.

Sir George Moore said, I have read that the tongue of a man is so tyed in his mouth, that it will stir, and yet not so tied that it will stir still. It is tied deep in the Stomach with certain strings which reach to the heart; to this end I say, that what the heart doth offer, the tongue may utter; what the heart thinks the tongue may speak. This I know to be true, because I find it in the word of truth, Out of the abundance of the heart the mouth speaketh. For the Gentleman that last spake and so much inveighed against Justices, it may be it proceeds out of the corruption of his heart; howsoever I mean not to search it or answer him; only I turn him to Solomon and mean to answer him with silence. Without going to Church, doing Christian Duties, we cannot be Religious, and by Religion we learn both our Duty to God and to the Queen. In doing our Duty to God we shall be better enabled to do our Duty to our Prince. And the word bindeth us, that we should give to God that which is due to God, Et Caesari quae sunt Caesaris. Amongst many Laws which we have, we have none for constraint of Gods Service. I say, None, though one were made in primo of this Queen, because that Law is no Law which takes no force, for Executio Legis, vita Legis. Then let us not give such cause of Comfort to our Adversaries, that having drawn a Bill in Question for the service of our God, we should stand so much in questioning the same. Once a Month coming to Church excuseth us from danger of the Law, but not from the Commandment of God, who saith, Thou shalt sanctifie the Sabbath day, that is, every Sabbath. This Bill ties the Subject to so much and no more, which being agreeable with the Law of God, and the Rule of Policy, I see no reason why we should stand so strictly in giving it a Commitment.

M^r Bond said, I wish the Sabbath sanctified according to the precise Rules of Gods Commandment, p. 664but I wish that S^t Augustins Rule may be observed in the manner, non jubendo, sed docendo, magis monendo quàm minando. I like not that power should be given to the Justices of Peace; for who almost are not grieved at the luxuriant Authority of Justices of Peace? By the Statute of 1 Edw. 3. they must be good men and lawful, no maintainers of evil, but moderate in Execution of Laws; for Magistrates be men, and men have always attending on them two Ministers Libido & Iracundia; men of this nature do subjugate the free born Subject. Clerks can do much, Children more, and Wives most. It is dangerous therefore to give Authority in so dangerous a thing as this is, which I hold worth your second thoughts, quae solent esse prudentiores. Her Majesty during all the time of her Reign hath been clement, gracious, meek and merciful, yea chusing rather delinquere, I know not how to term it, in Lenity and not in Cruelty. But by this Statute there is a constraint to come to divine service, and for neglect all must pay. Plectentur Achivi, the poor Commonalty, whose strength and quietness is the strength and quietness of us all, he only shall be punished, he vexed. For will any think that a Justice of Peace will contest with as good a man as himself? No, this Age is too wise. I leave it to this House, whether it stand with Policy, when four Subsidies and eight Fifteenths be now granted, to bring the poorer sort into greater fear by these and such like Laws, Malus custos diuturnitatis metus. And in the gracious Speech which her Majesty lately delivered unto us, she used this, that she desired to be beloved of her Subjects. It was a wise Speech of a wise Prince, for an Historian saith, Timor excitat in vindictam. Therefore M^r Speaker, I mislike the Bill in that point touching Justices, and also touching taxation. I will only say thus much with Panutius in the Nicene Council, Absit quòd tam grave jugum fratribus nostris imponamus.

I am sorry said M^r Comptroller, after sorty three years under her Majesties happy government that we shall now dispute or commit a Bill of this nature. And I would that any voice durst be so bold or desperate as cry, Away with this Bill. The old Statute gives the penalty, this new only speedier means to levy it. I much marvel that men will or dare accuse Justices of Peace, Ministers to her Majesty without whom the Commonwealth cannot be. If this boldness go on, they will accuse Judges, and lastly the Seat of Justice it self. That all Justices should be thus generally accused, this is meer Barbarism indeed. When her Majesty shall have understanding hereof, it will be no content unto her, and a scandal unto us all.

M^r Glascock said, In that I am taxed to tax Justices of Peace, I am to pray the House to give me leave to make an Apology for my self. M^r Speaker, I will not deny that I spake, and protest it in my conscience, I spake only of the inferiour sort of Justices, commonly called Basket Justices; against these I will not speak that I spake last, but other matter in other Terms. They be like the wise men of Chaldee, that could never give judgment till they saw the Entrails of Beasts. Our Statutes penal be like the Beast born in the Morning, at his full growth at noon, and dead at night: So these Statutes quick in Execution like a wonder for nine days; so long after, they be at the height; but by the end of the year, they are carried dead in a Basket to the Justices House.

Mr. Speaker said, Mr. Glascock, you speak from the matter and purpose, and this that you have spoken you must justify.

Mr. Martin said, I am rather willing to speak, in that I would willingly have an end of this matter. I think we all agree upon the substance, that it is fit the Sabbath should be sanctified. The other matter which is the impediment, I know it is a grief, but I leave it as matter more fit to be decided at a Committee, than here. And therefore for the Honour of the Queen and of her Government, I wish it may be committed without further Argument.

Sir Robert Wroth said, I think the Office of Justice of Peace is too good a calling for him that exclaims against it, and I think he'll ne're have the honour to have it. It were good they were named, and that he told who they were: otherwise honest men will be loth to serve the Queen, when they shall be slandered without proof. Therefore I would he might answer it at the Bar. And all said, No, No.

Mr. Johnson said, This Bill is an excellent good Bill; And I have observed in all the Speeches yet spoken have been interlarded with other matter. The Gentleman now protesteth he spake of Basket Justices; I appeal to the whole House whether his definition were not general, viz. A Justice of Peace is a kind of living Creature, that for half a Dozen of Chickens will dispense with a dozen of penal Statutes. I think it is well known that the Honourable that sit about the Chair, and all the rest of her Majesties Privy Council have and do hold the same place, and this toucheth them as much as Inferiour Justices. And therefore I humbly pray he may answer it at the Bar, and that it may not be past over with silence.

M^r Hide said, Every man agrees this Bill hath good matter, and we all agree and consent to the substance, though dissent to the form; some have more wit, & some have more understanding than others. If they of meaner capacity and Judgment spake impertinently, let us not in a spleen straight cry, Away with the Bill; but let us give it the same favour we give to Bills of far inferiour nature, that is a Commitment; so the Bill was committed to the former Committees (who were appointed on Wednesday the 18^th day of November foregoing) and to all the Privy Council being of this House, Sir Robert Wroth, Sir Carew Reignolds, Sir Anthony Cope, Mr. Bond, Mr. Martin, Mr. Hide, Mr. Owen, Mr. Beeston and Mr. Wimarke, who were appointed p. 665to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock.

Two Bills of no great moment had each of them one reading; of which the second being the Bill against Victualling Houses, Taverns, &c. was read the third time; And after many Arguments upon the question dashed.

The Bill against double payment of Debts upon Shop-Books was read the third time, and Ordered upon the question of Amendment in some few words to be committed unto Mr. Serjeant Harries and others, and to be put to the question for passing to Morrow.

Peter Fretchvile Esquire, returned unto this present Parliament one of the Knights for the County of Derby, for that he is chosen Sheriff of the County and other his necessary affairs, is licensed by Mr. Speaker to depart home.

Nota, That have it appeareth that Peter Fretchvile Esquire being a Member of the House and elected Sheriff of the County of Derby did notwithstanding continue his place in the same: by which it is apparent that the said places are not incompetible, but may stand and be together simul & semel in one and the same Person.

On Thursday the third day of December, Four Bills of no great moment had each of them one reading; of which the second being the Bill for the strengthening of the North parts was read the second time, and committed unto all the Privy Council being Members of this House, the Knights and Burgesses for Cumberland, Westmerland and Northumberland and others, who were appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber.

Mr. Davies brought in the Bill touching Garbling of Spices with some Amendments, which were twice read and the Bill Ordered to be ingrossed.

The Bill for the Assurance of the Joynture of the Countess of Sussex was read the second time, and committed unto the Privy Council being Members of this House, M^r Serjeant Harries, Sir Walter Raleigh, Sir Robert Wroth and others, who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock.

The Bill for the Assurance of the Joynture of Rachell the wife of Edward Nevill of … in the County of Kent was read the second time, and committed unto Sir Edward Hobbie, Sir George Moore, Sir Moyle Finch, Sir John Grey, Mr. Francis Moore and others, who were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber.

The Bill touching the confirmation of the sale of Lands made by Lewes late Lord Mordant deceased, was read the second time and committed unto the former Committees for the Earl of Sussex, and M^r Attorney of the Wards, M^r Tansield, M^r Winch and M^r Ludlow who were added unto them.

M^r Mountague moved that such persons as shall prefer and have benefit by any private Bills may in regard of their said benefits be charged with some consideration and payment of Money towards the relief of the Poor, which being assented unto, It was Ordered by the whole House. That such persons as shall have any private Bills expedited and passed in this House, during this Session of Parliament only, shall pay towards the relief of the Poor, for every Bill so passed in this House touching the sale of Lands, ten pound; and likewise for every Bill for consumation of partiuclar Joyntures the sum of five pound, to be distributed in such sort as this House shall further appoint.

Upon a motion made by M^r Secretary Cecill that the Charity and Collection made by the Members of this House for the relief of the Poor (during this present Session of Parliament) may especially be extended to the comfort of the poor maimed Souldiers now remaining in and about the City of London, it was most willlingly and readily assented unto by the whole House.

M^r Dannet Burgess for Yarmouth said, May it please you, M^r Speaker, The duty I owe to my Sovereign and Country makes me bold to crave your Patience to hear me. The matter that I shall speak of is twosold, the first concerneth the Honour of the Queen, the second the safety of our Country, two very high points for me to handle, and require a more eloquent Discourse than I am able to make. I will use no circumstance or with superfluous matter abuse the time which is very precious, but to the matter. I have been of the Parliament five or six times, and I have always observed by this House (and I would willingly be resolved by the Honourable about the Chair) that all the Wars of her Majesty are Wars offensive, and I do not hear the contrary: How then windes it that such a number of her Majestie. Subjects be spoiled, robb'd, beaten, wounded, themselves taken, used with such extream torture, rack'd, carried away, imprisoned, ransomed, sined, and some executed, and all this time no Wars? But give me leave, for these ten Years, I am sure the Subjects of this Land on the Sea-Coast have undergone these Tyrannies, and by whom? even by two base Towns Dunkirk and Newport. Dunkirk at first began with two Ships and are now encreased to almost twenty. They are at home at Supper, and the next day here with us. I must needs confess the great charge that I know the Lord Admiral is at continually by lying ready to take these Pirates. Send to take them, they straight … home: if our Ships return they are streight here again. I dare boldly say it, they have done England more hurt since they began, than all France, either in the time of Hen. 8. Edw. 6. or Queen Mary. If it be so that these two base Towns shall so confront the Power of this Land, I see no reason why they should be suffered: for it is a great dishonour both unto the Queen and unto the Kingdom. I have heard many say p. 666that the Navies are the Walls of the Kingdom; but we suffer our Ships still to be destroyed, some to be burnt, and some to be sunk. We may compare our Seamen to Sheep feeding upon a fair Mountain, in the midst whereof stands a little Grove full of Wolves: Why M^r Speaker we are so plagued with them, that they be so bold, as now and then to take our Harvest-men tardy with Ambuscadoes. I speak with grief, and it was reported unto me by a Scottish-man, that Duke Allert and the Infanta should plainly publish, that they would pull down so many of the Walls of England, that they would easily make an Entry. And it had been better for Sea-Coast men to have given the Queen an hundred Subsidies that they had been long since supprest. My humble Motion is, that it would please the House to enter into consideration of these things, for the honour, good and safety both of the Queen and of the Kingdom.

M^r Peake said, I must needs shew unto this House (upon so good an occasion offered) how grievously the Town of Sandwich (for which I serve) is vexed and almost undone, insomuch as in that Town there is neither Owner, Master or Mariner that hath not felt it. Her Majesty is continually at Charge, but what ensueth or cometh of it, I never yet knew. If in the County of Kent at Shooters Hill, Gadd's Hill, Baram Down, &c. there should many and ofter Robberies be committed, and the Justices look not to it, this were but an ill part. Every day men come home, their Goods and all they have taken away, yea their very Apparel; and if the Ships might also be carried away, they would do it. This would be amended and looked into. We had need to cherish this Subject, I think him to be the best and most necessary Member of the Common-Wealth, I mean the Navigator.

M^r Martin said, I like not these extravagant Speeches in the manner, though I mislike them not in the matter. They are like to men whose Houses being on Fire run out into the street like Madmen for getting themselves of help. That that Cottage of Dunkirk, the flourishing Estate whereof is a dishonour to our Nation, should so much offend us, when we never offer to suppress them; it is no marvail. I think there is no man but understands the grief: But I wish that those who at first propounded to the House this matter, had also laid down some project, though never so small, of remedy; otherwise such cursory Motions as these be, cannot be but very distastful to the House.

M^r Lithe said, Within these twelve dayes one man lost two hundred pound only by Dunkirkers, who took the same away.

M^r Secretary Cecill said, My Speech shall only tend to advance the Motion of the Gentleman that spake first in this point. If we would have remedy, we are to consider two things; First, That it will be a matter of charge, and secondly, That there must be a distribution thereof. For the first, I leave it to you; for the second, it is out of my Element. Withal I must excuse them that have Authority to remedy this; For unless you would have a continual charge unto her Majesty by having Ships lying betwixt us and Dunkirk, it is impossible but that at sometimes these Robberies will be committed. I could very well agree to bring this Motion to some head, being a matter in mine opinion very considerable, in a Committee; And all said, I, I, I.

M^r Dannet said, I would only move the House that some Masters of Ships and Seamen might be sent for to attend at the Committee. Whereupon it was Ordered to be considered of and refer'd to Committees, viz. all the Privy Council being Members of this House, the Queens Learned Councel being of this House, Sir Walter Raleigh, the Burgesses for Ports and Sea-faring Towns, the Knights of the Shires for Maritime Counties, the Masters of Request, M^r Lieutenant of the Tower, Sir Francis Hastings, Sir Robert Wroth and others, who were appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bill touching Fines within the County of the City of Chester was read the third time and past upon the question.

M^r Tate said, I would only move the House, that whereas an Information is exhibited by the Earl of Huntington against a Member of this House, M^r Belgrave, into the Star-Chamber, containing no matter of substance or note other than matter very dishonourable to this House; therefore I humbly pray, it may be refer'd to be considered of by the Committees for the Priviledges of the House, (whose names see on Saturday the 31^th day of October foregoing) And all said I, I, I: and he delivered the Information to the Speaker. Vide December 16. Wednesday.

The Bill for the re-uniting the Mannor of Eye and Dunsden to the Mannor of Sunning was read the second time, and committed presently to be considered of in the Committee Chamber by M^r Sollicitor, Sir Francis Bacon and others, and to have Conference with the Lords touching the same Bill.

The Bill for the Naturalizing of Josepho de Lupo (and others) was read the second time and Ordered to be ingrossed.

The Amendments in the ingrossed Bill touching Shop-Books were three times read, and thereupon much disputed on.

To this Bill M^r Zachary Lock began to speak, who for very fear shook that he could not proceed, but stood still a while, and at length sat down.

M^r Bacon speaking of this Bill said, that Bills were wont to be committed with pleasure, but now we would scarce hear them with Patience: The Merchants Books be springing Books; every year they encrease.

M^r Henshaw amongst other Speeches shewed, that it was easy to cross a Merchants Book, which a man might see at all times; but if one should give the Merchant a Bond, when he had many p. 667thrust together, perhaps he would intreat the Gentleman to come some other time for it, who if he should in the mean time die, his Executors are without remedy, &c.

Serjeant Harris said, These Merchants Books be like Basingstoak Reckonings, over night five shillings and six pence, if you pay it; if not, in the Morning it is grown to a just Noble. This Debt is a sleeping Debt, and will lull Young Gentlemen into the Merchants Books with the golden Hooks of being trusted by the Merchant, and his Expectation after his Fathers Decease: These are matters dangerous, and may prove hurtful; wherefore I think it a good Bill.

M^r John Harris said, Where it is said there can be no wager of Law against a Merchants Book in London, it is true, but first the Merchant must swear the Debt.

M^r Thomas Jones said, It is my Chance now to speak something, and that without Hemming or Hawing. I think this Law is a good Law. Streight reckonings make long Friends. As far goes the penny as the penny Master. Vigilantibus & non dormientibus jura subveniunt. Pay the reckoning over night and you shall not be troubled in the Morning. If ready money be mensura publica, let every man cut his Coat according to his Cloth. When the old Suit is in the Wane, let him tarry till his money bring a new Suit in the increase. Therefore I think the Law to be good, and I wish a good passage.

M^r Hackwell of Lincolns-Inn said, I am a man of that rank and condition, that I never sell, I seldom buy, and pay ready money, and the safest course this Bill offers to me for my particular. But the great mischief that will redound by it to the Commons is that which makes me speak. I am not transported with such vehemency, but if I may be answered, I'le lay down the Buckler. This Bill hath a good Face and an ill Body. It hath a very good Head-piece, I mean the Title. If I may intreat you to put on a good deal of Patience for a little time, I will make it somewhat plain. We must lay down the respects of our own persons, and put on others, and their affections for whom we speak; for they speak by us. If the matter which is spoken of toucheth the poor, then think me a poor man. He that speaks, sometimes he must be a Lawyer, sometimes a Painter, sometimes a Merchant, sometimes a mean Artificer. Most men desire forbearance; this Bill destroys it, which tends to the gain and good of the Creditors, and good also of the Buyer: but seeking to avoid a mischief we fall into an inconveniency; for the manner is unproportionable and unjust. If the Buyer be so negligent that he will not care to see himself discharged, must we needs make a Law to help his Folly? The Proverb is Caveat Emptor. If this Law go forwards, the Augmentation of Confidence in his antient habiliments cannot be preserved. For if it be a hard Year, the poor Artificer which hath Wife, Children and Houshold, and lives by the sweat of his Brows, cannot live; for he hath no money to buy all by the penny, but perhaps he hath Credit, which perhaps may help his present necessary Estate. Besides, I can teach you all a trick, how for twelve pence you shall avoid this Statute; And that is, put in an Original within a Year, and so let it lie Dormant.

After this Motion, the House after four hours Argument and sitting till three quarters after twelve, was divided; the I's had a hundred fifty one Voices, and the Noes a hundred and two. So the Bill passed by forty nine Voices. Then the Noes should have fetcht in the Bill and gone out with it, because it was at the passage of the Bill; but because time was past, and it was very late, and there were great Commitments this Afternoon, they were dispensed withal.

Nota, That these are Excellent Precedents touching the manner of bringing in a Bill upon the division of Voices, and withal upon what ground the Ceremony it self was omitted; to which purpose also there fell out like Precedents on Friday the 21^th day of March in Anno 31 Regin. Fliz. and on Thursday 21. day of December in Anno 39 Reginae ejusdem.

On Friday the 4^th day of December, Three Bills had each of them one reading; of which the last being the Bill for confirming the Authority and Government of the Mayor, Sheriffs and Aldermen of the City of I ondon within S^t Katherine Christ Church, was read the second time and committed unto the Knights and Citizens for London, M^r Doctor Caesar, Sir Robert Wroth, Sir Moyle Finch, Sir George Moore and others, who were appointed to meet upon Monday next in the Afternoon at two of the Clock in the Doctors Commons.

M^r Calfield made Report of the mecting of the Committees in the Bill for the Assurance of the Parsonage and Vicaridge of Rotherston, &c. with some Amendments.

The Amendments in the Bill touchine the Assurance of the Parsonage and Vicaridge of Rotherston, &c. were twice read, and the Bill was Ordered to be ingrossed.

Sir Robert Wroth reported the meeting of the Committees in the Bill for the draining of Grounds in the County of Norsolk, and brought in the Bill with some Amendments.

The Amendments in the Bill touching draining of surrounded Grounds in Norsolk were twice read, and the Bill was Ordered to be ingrossed.

The Bill touching Subornation of Perjury was brought in with some Amendments.

The Amendments in the Bill touching Subornation of Perjury were twice read, and the Bill Ordered to be ingrossed.

The Bill for reformation of abuses in Sheriffs and other inferiour Officers for not executing Writs of Proclamation upon Exigents according to the Statute of 31 Eliz. was read the second time, and committed unto M^r Sollicitor, M^r Attorney of the Dutchy and others, who were appointed p. 668to meet upon Monday next in the Middle-Temple Hall, at two of the Clock in the Afternoon.

The Bill touching the making of Fustians within the Realm was read the second time and committed unto all the Queens Privy Council and Learned Councel being of this House, the Knights and Citizens for London, the Burgesses for Chard, Colchester and Canterbury, Sir Walter Raleigh, M^r Maynard, M^r Hide, Sir Edward Hobbie, Sir Francis Darcy, M^r Wiseman and others, who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon.

The Bill prohibiting any Fair or Market to be kept on the Sunday was read the second time and committed to the former Committees in the Bill touching the Sabbath day (who were appointed on Wednesday the 4^th day of November foregoing.) And M^r Brown and M^r Doyle were added unto them, who were appointed to meet to Morrow Morning in the Committee Chamber of this House.

The Bill touching the Lands given to godly and charitable uses was read the first time.

M^r Doctor Carew and M^r Choppin did bring from the Lords the Bill for the suppressing of Alchouses and Tipling-Houses.

The Bill for the suppressing of Alehouses and Tipling-Houses was read the first time.

On Saturday the 5^th day of December, Three Bills had each of them one reading; of which the last being the Bill that Lands in the nature of Gavelkind may descend according to the Custom of the Common Law, was read the second time, and committed unto the Queens Learned Councel being of this House, Sir Moyle Finch, Sir Michael Sands, Sir Thomas Fludd, Sir John Lewson and others; who were appointed to meet upon Monday next in the Morning in the Committee Chamber of this House.

The Bill for the relief of Theophilus Adams was read the second time, and committed unto the Knights and Citizens for London, M^r Winch and others, who were appointed to meet in the Exchequer Chamber upon Monday next at two of the Clock in the Afternoon.

The Bill for the granting of four entire Subsidies and eight Ffteenths and Tenths granted by the Temporalty was read the third time and passed upon the question; And was presently sent up to the Lords by all the Privy Council and others of this House.

Nota, That whereas in the Parliament which was begun and holden at Westminster in an. 35 Eliz. Anno Dom. 1592. the Knights, Citizens and Burgesses of the House of Commons were not drawn without much and long dispute, both amongst themselves and with the Lords, to yield unto the Grant of three Subsidies and fix Fifteenths and Tenths (being a greater gift than had ever before been given unto her Majesty) and that the same was then also assented unto in respect of the great dangers were newly threatned unto her Majesty from Rome and Spain with caution and promise nevertheless that it should not be drawn into Precedent for future times; yet in the next Parliament which ensued in 39 Reginae Anno Dom. 1596. although none of the said imminent dangers which had been feared in the above-mentioned thirty fifth Year of her Majesties Reign had to that time come into any real Execution, the House of Commons was notwithstanding again drawn to yield unto the same proportion of three Subsidies and six Fifteenths and Tenths, to be paid also unto her Majesty within a shorter time; And now lastly in this present Parliament in An. 43 & 44 Regin. ejusdem Anno Dom. 1601. the said House was drawn in respect chiefly of the troubles of Ireland, where the Spaniard had set footing, to present unto her Highness the extraordinary and great gift of four Subsidies and eight Fifteenths and Tenths, the Bill whereof did this present Saturday being the 15^th day of December pass the House of Commons upon the third reading, and was presently sent up to the Lords as aforesaid, by whom it was lastly passed also upon the third reading upon Tuesday the 15^th day of this instant December ensuing.

M^r Boyce made Report of the meeting of the Committees in the Bill for the Jointure of Rachell Wife of Edward Nevill, &c. (who were appointed on Thursday the third day of this instant December foregoing) and brought in the Bill with some Amendments.

The Amendments in the Bill touching the Jointure of Rachell Wife of Edward Nevill of Birling in the County of Kent were twice read, and the Bill was Ordered to be ingrossed.

Sir Francis Hastings made Report at large of the meeting and travel of the Committees in the Bill touching coming to Church on the Sunday, being in some parts amended, delivered in the Bill and prayed the reading thereof.

The Amendments in the Bill touching coming to Church on the Sunday were twice read, and the Bill was Ordered to be ingrossed.

At the Committee in the Afternoon in the House for some course to be had against Dunkirk,

M^r Fettiplace said, There was remedy three manner of wayes; First, There is transportation of Ordnance, which being carried to the Low Country-man, he carryeth it to Dunkirk or to our Enemies, which if it were hindred, doubtless our Enemies would find want in time; Secondly, The Law of Tonnage and Poundage; Thirdly, It hath been offered to the States, that the Maritime parts might save themselves freely. And I take it to be a Rule in Policy, we should not yield that to our Friends, which may be fitting to our Foes.

M^r Wingfield shewed the Bill touching Fens, which was exhibited the last Parliament and past both Houses, but advised upon by her Majesty for some respects, Intituled An Act for the recovering of three hundred thousand Acres more or p. 669less of Wasts, Marish and Watry Grounds in the Isle of Ely and in the Counties of Cambridge, Huntington, Northampon, Lincoln, Norfolk and Suffolk. On the left side on the top of the Bill was written in Roman Letters Soit bayle as Seignieurs; and close to that in another hand, A cest Bill avec que les amendments & la provision à celle annexes, les Surs sont assentus: under the Provision annexed to the Act on the left side thereof close to the writing, Soit bayle aux Communes: on the back under the Title aforesaid was written thus 1.

2.

3.

He shewed also the Bill for Fens in this Parliament intituled An Act concerning the draining and recovering from the water of certain overflown grounds in the County of Norfolk. It was concluded at the Committee, that the Coast Town-men of the County should meet together in the Afternoon on Monday, and consider of some course, and relate the same to the Committee again.

On Monday the 7^th day of December, Two Bills of no great moment had each of them one reading; of which the second being the Bill for the relief of poor Prisoners in Ludgate, was read the first time.

Mr. Serjeant Harries made Report of the meeting of the Committees in the Bill for the Assurance of the Joynture of the Countess of Sussex (who were appointed on Thursday the third day of this instant December foregoing) and of some Amendments and a Proviso added by the Committees.

The Amendments in the Bill with a Proviso touching the Joynture of the Countess of Sussex were twice read, and with the Bill Ordered to be ingrossed.

The Bill for confirmation of the Assurances of the Lands of Sagebury aliàs Sedgebury to Samuel Sandyes Esquire and John Harries Gentleman and their Heirs was read the first time.

M^r Snigg one of the Committees in the three Bills touching Cloths and Clothiers (who were appointed on Wednesday the 18^th day of November foregoing) declared that by Order and direction of the same Committees he hath reduced and drawn the three said Bills into one Bill reformed in the Abuses committed amongst Clothiers, and prayed the reading.

The Bill for the true making and working of Woollen Cloths was read the first time.

Mr Doyle, one of the Committees in the Bill touching Fairs and Markets, not to be kept on the Sunday (who were appointed on Friday the 4^th day of this instant December foregoing) brought in the Bill with some Amendments added by the Committees.

The Amendments in the Bill prohibiting Fairs and Markets to be kept on the Sunday were twice read, and the Bill was Ordered to be ingrossed.

The Bill touching the Assize of Fuel was read the second time and committed unto the Knights and Citizens for London, Sir Jerom Bowes, Sir Robert Wroth and others, who were appointed to meet to Morrow in the Court of Wards at two of the Clock in the Afternoon.

The Bill touching Charitable uses, &c. was read the second time, and committed to the former Committees (who were appointed on Saturday the 28^th day of November foregoing) and M^r Serjeant Harries and others were added unto them, who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock.

M^r Bacon said, I am, Mr. Speaker, to tender unto this House the fruit of the Committees Labour which tends to the Comfort of the Realm, I mean the Merchant, which if it quail or fall into a Consumption, the State cannot choose but shortly be sick of that disease. It is inclining already. A certainty of Gain is that which this Law provides for, and by policy of Assurance the safety of Goods assured unto the Merchants. This is the Loadstone that draws him on to adventure, and to stretch even the very punctilio of his Credit. The Committees have drawn a new Bill far differing from the old; the first limited power to the Chancery, this to certain Commissioners by way of Oyer and Terminer; The first that it should only be there, this that only upon appeal from the Commissioners it should be there finally arbitrated. But lest it may be thought for vexation, the Party Appellant must lay it in deposito, &c. and if tryed against him, to pay double Costs and Damages. We thought this course fittest for two reasons; First because a Suit in Chancery is too long a course, and the Merchant cannot endure delays; Secondly, because our Courts have not the knowledge of their Terms, neither can they tell what to say upon their Causes which be secret in their Science, proceeding out of their experience. I refer the Bill both old and new to your considerations, wishing good success therein both for the comfort of the Merchants and performance of our duties. The Act is Intituled

An Act touching Policies of Assurances used amongst Merchants.

Sir Edward Hobbie said, It was the good pleasure of this House to refer the consideration of an Information exhibited against a Member of this House one of the Burgesses for the Town of Leicester, viz. Mr. Belgrave, the scope and purpose of which Information pretendeth an abuse to be done to the High Court. The Gentleman himself was at the Committee, and did acknowledge the substance of the suggestion, but denied the circumstance. Some of the Committees censured it to be an enormous fault to invest himself (for so the words of the Information are) in a blue Coat, but others were of a contrary opinion, because they were satisfied upon allegations alledged that it was done ad redimendam vexationem which had been offered to him, and so he p. 670thought to right himself these wayes. Besides, I am to inform the House, that this Information was put in sedente curiâ, and therefore thought by the Committees to be some disgrace to the same. And because this Gentleman should not take benefit of this Pardon, therefore the Information (as I said) is now put in sedente curiâ, which I wish the House to note. And because he should be debar'd of remedy against the party, he hath therefore caused the same to be exhibited in M^r Attorney Generals name. May it please the House, because he desireth to be heard, and being now here, that be may speak himself, in that he told the Committees he had some special matter to deliver unto you; and if he shall be found culpable, he would most willingly abide your censures. But because other Statutes were to be read of importance, this was refer'd over till some other time. Vide December 17^th postea.

An Act for the continuance of divers Statutes, and repeal of some others was read the second time.

M^r Francis Moore desired it might be read, as also the Exposition of the Justices upon the Statute of 39 Eliz. of Rogues, which if it please the House he thought fit to be annext to that Statute.

M^r Bacon said, There were never yet any more than two Articuli; the one, Articuli super Chartas, when the Sword stood in the Commons hands; the other Articuli Cleri, when the Clergy of the Land bare sway, and that done upon deliberation and grave advice. I beseech you remember these are done by Judges and privately perhaps in a Chamber, and shall we presently without scanning or view, Enact them? It befits not the gravity of this House. And so after a long Speech dasht it.

The Bill touching payment of Debts upon Shop-Books lately pass'd in this House was sent up to the Lords by M^r Comptroller and others.

After sundry Motions and Arguments made against An Act made 39 Reginae Eliz. touching Lands given to charitable uses, it was upon the question Ordered, that the said Act should be repealed. And upon another question (whether the said Act should be repealed in the particular new Bill exhibited this Session of Parliament, or else in the general Bill touching repeal of Statutes, it was agreed by the House that it should be repealed in the general Bill of Repeal of Statutes.

Upon a Motion made by M^r Sollicitor for a Conference to be had with the Lords in the Bill that passed with their Lordships and hath been twice read in this House, Intituled An Act for the reuniting of Eye and Dunsden to the Mannor of Sunning; It is appointed that M^r Comptroller of the Exchequer, M^r Sollicitor and others do meet to Morrow with the Lords at eight of the Clock in the Morning touching the same Conference.

On Tuesday the 8^th day of December the Bill touching Watermen on the River of Thames was read the second time and committed unto the Knights and Citizens for London, Sir George Moore, Sir John Lewson and others, who were appointed to meet this Afternoon in the Exchequer Court at two of the Clock.

M^r Moore, one of the Committees in the Bill touching S^t Thomas's Hospital made Report of the travel of the same Committees, and certifieth in the Bill with some Amendments.

The Amendments in the Bill touching S^t Bartholomews Hospital was twice read, and with the Bill Ordered to be ingrossed.

The Bill touching Glass-Houses was read the first time and rejected upon the Question.

M^r Winch one of the Committees in the Bill touching Theophilus Adams (who were appointed on Saturday the 5^th day of this instant December foregoing) brought in the Bill amended in some parts by the Committees.

The Amendments in the Bill for Theophilus Adams were twice read, and the Bill Ordered to be ingrossed.

M^r John Harris made Report of the meeting of the Committees in the Bill touching abuses in Sheriffs and other Officers in not executing Proclamations (who were appointed on Friday the 4^th day of this instant December foregoing) and delivered in the Bill not altered or amended in any point.

The Bill touching abuses in Sheriffs, &c. was Ordered to be ingrossed.

M^r Simnell moved this House for some speedy consideration to be had to restrain the transportation of Iron Ordnance. Whereupon the Bill Intituled An Act prohibiting transportation of Iron Ordnance beyond the Seas was read the second time; but before it was committed, there passed many Speeches and Arguments touching it in the House, being of very great moment.

Sir Edward Hobbie said, I may resemble this to a saying of a Gentleman who told a story of a skilful Painter that painted a Tree in the Sea so lively, &c. And the Judgment was, O 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 she will redress it. And for us now to enter again on bringing or allowing Acts against Monopolies, is to refuse her Majesties gracious favour, and cleave to our own affections. I think therefore if we deal therein, Petition will be our only course. This is a matter of Prerogative, and this is no place.

M^r Fettiplace said, I know her Majesty receiveth Yearly by Custom for the transportation of these Ordnance three thousand pound. There be four kinds of these Ordnance now usually transported; The first a Falkon of the least weight and bore; the second a Minion, a little heavier and bigger; the third a Sacre, somewhat p. 671greater; the fourth a Demi-Culverin being the greatest. Now M^r Speaker, they which transport Ordnance do transport in this manner; If it be a Falkon, she shall have the weight of a Minion, and so if a Sacre the weight of a Demi-Culverin: the reason hereof is, because when they are brought beyond the Seas they will new bore them to a greater size, as the Sacre to the Demi-Culverin bore; Besides, M^r Speaker, eight Tun of Iron Ordnance will make five Tun of good Iron. And it is now grown so common, that if you would send Merchandize beyond the Seas in Strangers Bottoms, they will not carry it; unless you will ballast their Ships and load them with some Ordnance. The Ordnance be carried to Callais, Embden, Lubeck, Rochell, Brest, S^t John de Luce, and other places, and these be Confederates with Spain and Friends with Dunkirk, so that in helping them we do not only help our Friends, but succour the Spaniards their Friends and our Enemies. If the Queen would forbid the transportation of Ordnance but for seven Years, it would breed such a scarcity to the Spaniard, that we might have him even where we would: Some (no doubt) the Sea would devour, some would be taken, and the store which he now hath, scattered, and thereby his Force weakened. They have so much Iron in Spain out of England, that they do ordinarily sell a hundred weight of Iron Ordnance for seven Duckets and a half Spanish. And if the Spaniard do make it a Capital matter but to transport a Horse or a Gennet, much more ought we to have a special care herein, when we shall Arm even our own Enemies against our selves. I think therefore to proceed by way of a Bill would savour 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 thereto, because already we have found it successful.

M^r Brown said, There is a Law already in the point, and that is in the thirty third Year of Henry the Eighth Cap. 7. and in the second of Edward the Sixth Cap. 37. which prohibits the transportation of Gun-Metal. 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 Worlingtons and Simpsons Case to be clearly within the very Letter of that Law. And I am sure Guns be made of Gun-Metal, and whosoever transporteth Guns, transporteth Gun-Metal; and it is within the danger of that 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, &c.

Sir Walter Raleigh said, I am sure heretofore one Ship of her Majesties was able to beat ten Spaniards; but now by reason of our own Ordnance we are hardly matcht one to one. And if the Low-Countries should either be subdued by the Spaniard, or yield unto him upon a Conditional Peace, or shall join in Amity with the French as we see them daily inclining, I say there is nothing doth so much threaten the conquest of the Kingdom as 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 shortness and sudden ending of the Parliament.

M^r Carey said, We take it for an use in the House, that when any great or weighty matter or Bill is here handled, we streight say it toucheth the Prerogative and must not be medled withal; And so we that come to do our Countries good, bereave them of that good help we may justly Administer. M^r Speaker, Qui vadit planè, vadit sanè; Let us lay down our griefs in the Preamble of our 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.

M^r Secretary Herbert said, The making of Armamentaria is a Regality belonging only to the power of the King and the Crown of England, and therefore no man can either cast or transport without Licence. It stood perhaps with the Policy of former times to suffer transportation, but as the times alter, so doth the Government. And we doubt it is now very hurtful and prejudicial to the State; and therefore I am of opinion, that it is very fit this transportation should be stayed; and I concur only with them which would have it by way of Petition, and not by Bill.

M^r William Hackwell of Lincolns-Inn said, I know the Authority of the Worthy Counsellor that last spake will incline you to yield to this Objection; Yet notwithstanding I beseech you suppose him to be a man of my Condition, or me to be a man of his sort, so I doubt not but our persons being equalized, the matter will soon be decided. Where he saith, transportation is necessary to aid our Friends and retain their Alliance; I Answer, That it is the subtilty and covetousness of our Friends, who finding the inestimable gain and treasure they have by Ordnance brought from us, do not only desire them for gain, but also to gain to themselves Confederates, by which means succouring our Friends we aid our Enemies: For look whatsoever we give them, we deduct from our selves. Now let us stop this transportation, and that greatly weakens their Forces, by which means they will never be able to encounter us hand to hand. Our Ordnance (this pretious Jewel of our Realm, worth even all we have) is as familiarly sold in the Countries of our Confederates as any thing within this Land; but being stopt, they must be fain to take supply from their Ports to their Ships, from their Ships to the Field, &c.

Sir Francis Hastings said, How swiftly and sweetly her Majesty apprehends our late griefs, I think there is no Subject but knoweth. For us then to deal in a matter so highly touching her Prerogative, we should give her Majesty just cause to deny our Proceedings by Bill. I think p. 672therefore by laying open our griefs in a Petition, it will move the heart of her Majesty as much, being a Case of this consequence, as our first Motion by M^r Speaker hath done. And therefore I am of Opinion there is no way but this way.

Sir George Moore said, It is in vain to dispute of the matter when the manner is only in question; and as vain to lose the matter by overlong dispute of the manner. The late experience of her Majesties Love and Clemency towards us, and of her Care over us striketh such an awful regard into my heart, that I wholly dislike this proceeding by Bill, and only do approve our former Motion by way of Petition.

M^r Hyde said, M^r Speaker, It is doubted by some that this Bill will not pass by reason of the sudden ending of the Parliament; for that, I think if we give not too much stop to private Bills, this Bill would quickly pass. And I see no reason but we may well proceed by Bill, and not touch her Majesties Prerogative; for her Majesty is not more careful and watchful of her Prerogative than the noble Princes of Famous Memory King Henry the Eighth her Father, and King Edward the Sixth her Brother were. Then there was no doubt or mention of the Prerogative: And therefore I think our surest and soundest course is by way of Bill, &c.

M^r Comptroller said, I wish we should deal in such manner as we may have our desire; and that I think, we shall sooner obtain in speaking unto the Queen by way of Petition, than in proceeding by way of Bill and Contestation. We must note that her Self and her Progenitors will not be forced: And I do not hold this course by way of Bill either to stand with respect or duty.

M^r Swale of the Middle-Temple said, I would but move thus much to the House, if we let slip this Law, and proceed by way of Petition, then is there no Law to prohibit, but the Law of 33 Hen. 8. and 2^d of Edw. 6. And those Laws give so small a remedy, that it is no recompence to the loss of the thing.

M^r Serjeant Harris said, It hath been thought that the former Statutes do not stretch to Ordnance made of Iron; But may it please the House to commit the Bill, there shall be shewed to the Committees four or five Precedents and late Judgments, that Iron Guns come within this Law.

M^r Sollicitor Flemming said, The Gentleman that spake last said very true, for it was lately in Matchivells Case in the Exchequer.

So the Bill was committed to all the Privy Council, and all the Queens Learned Councel being of this House, Sir Walter Raleigh, the Knights and Citizens of London, Sir Francis Hastings, M^r Grevill, Sir Robert Wroth, Sir Robert Mansell, Sir Richard Knightley, Sir George Moore and divers others, who were appointed to meet in this House at two of the Clock in the Afternoon.

Then followed a dispute touching the Information against M^r Belgrave a Member of the same.

M^r Belgrave said, Mr. Speaker, Modesty forbids me to speak in my own Case that so nearly concerneth me, but necessity urgeth me to appeal to this High Court. True it is, there was an Information exhibited against me in the Star-Chamber by an Honourable Person of the Upper House (the Earl of Huntington) in the name of Mr. Attorney General, for a Misdemeanor committed to this High Court; the substance of that Information I confess, yet I am to be an humble Suitor unto this House, whether an Information is to be exhibited (this House sitting) against any Member thereof. And for my own part I do submit my self to abide such Censure as this House shall in their Wisdoms think convenient.

Sir George Moore said, viewing the Information, I find the words to be against the High Court of Parliament, which is as well the Upper House as this House; and therefore I wish there might be a Conference with the Lords herein. Now this House is but part, and a Member of the Parliament, and therefore we solely cannot proceed.

Mr. Serjeant Harris said, In the 36^th of Hen. 8. when Ferris Case was, who was a Member of this House, did not we proceed without any Conference with the Lords? Here might be libera suffragin, and no man of this House to be chosen by any Friends or Mediation of any great Man, neither ought we to be tyed by any Blue Coat in the World. But as our Persons are Priviledged, so should our Speeches be; And therefore I see no reason to confer with the Lords when we may proceed our selves.

Sir Edward Hobbie said, If the Case were but plain of it self, I should be of the Gentlemans mind that last spake: but I am given to understand, and also desire so to inform the House, that this Information was put into the Star-Chamber by some kind of Order from the Lords, and therefore very convenient a Conference should be had.

Sir Francis Hastings said (who was Brother to the Earl of Huntington) To enter into consideration of this Cause by Report (and otherwise I cannot) I know no man but respecteth the Honourable Person himself, and for this Gentleman (Mr. Belgrave) I ever took him, and so do, to be a man of very good Carriage: To condemn him, I do not mean: but I humbly pray that a course for his Honour may be taken, and the matter so handled, that the Honour of the Person may be saved, the Gentleman freed from further offence, and this Cause ended with good Conclusion. And I protest I am not privy to the Prosecution.

Mr. Dale said, Id possumus quod jure possumus; and therefore resting in doubt herein, the safest course is a Conference.

Mr. Tate said, It is not good to utter things p. 673suddenly in great matters. Our dispute may seem to have this end, either to incur the dangers of our Priviledge by not regarding this Cause, or to pry too near into her Majesties Prerogative by examining Informations exhibited into the Star-Chamber. Wherefore I think we ought to be Petitioners, (Nota verbum Petitioners) or at least to shew our griefs to the Lords; and if by any Order from them (as was alledged) this Information was put in, methinks in reason a Conference were good to examine the Cause, and inform this House truly thereof.

Mr. Skipwith the Pentioner said, If I knew or did think that any wrong were offered to the Earl of Huntington, I would rather be a Petitioner for this Gentleman to him, than I would be a Protector of him against him. I knew Mr. Belgrave writ his Letter to my Lord, and that it pleased his Honour to Answer him; and that he offered to follow his Honour in that sort as is fitting for a Gentleman of his worth, and rather his Honour than any man in England. This I take it may satisfie the House for Answer to the first part of the Information, which containeth a dishonour offered to the Earl. For the second, which is deceiving of the Burgesses, I do Answer this House, They were both willing and worthy to be deceived. I know they had given their Voices, and desired M^r Belgrave to take it. For the wrong to this Court, I hope this Court hath wisdom enough to right it selt without any course to be taken in the Star-Chamber: yet by your favour, I may say thus much, that if we should punish him for coming indirectly into this place, we should punish three parts of this House; for none ought to be chosen but those that be resident, and sworn Burgesses of the Town.

Sir Robert Wroth said, This matter needs not so much dispute. There is a Precedent in this House to this point; in the last Year of Queen Mary, between Pleddall and Pleddall. It pleased the Lords of the Star-Chamber, sedente Parliamento, to bind the one at the Suit of the other to appear twelve dayes after the Parliament; and this adjudged to be an infringement of the Liberties.

M^r Davies said, The Information savours more of wit than malice; And therefore I think, upon Conference with the Lords the matter may be brought to good end. I therefore humbly pray it may be put to the question, and that the Bill may be sent for out of the Star-Chamber.

M^r Carey said, I take it, M^r Speaker, the course hath been, that if the House be desirous to see any Record, you (Mr. Speaker) should send a Warrant to the Lord Keeper to grant forth a Certiorari to have the Record. If by this means this Information be brought into this House, upon view thereof perhaps this matter of dispute would take end.

Sir Francis Hastings offered to speak again in this matter; But Mr. Bacon interrupted him, and told him it was against the course. To which he Answered, he was old enough to know when and how often to speak. To which Mr. Bacon replyed, it was no matter, but he needed not to be so hot in an ill cause. To which Sir Francis replyed, in several matters of debate a man may speak often. So, I take it, is the Order. He (pointing to Mr. Bacon) talk of Heat: He tell you, If I be so hot as he was Yesterday, then put me out of the House. The only thing that I would say is this, I wish a Conference may be had with the Lord, because the matter may be brought to some Friendly end; for God knows what may lie in the Deck till after the Parliament: And I suspect it the more, because the Information and no Process issued forth.

Mr. Grevill said, I with that in our Conference we do not neglect our Priviledges, and that we may be means of mediation, &c.

So the House appointed these Members following to have Conference with the Lords, viz.

All the Privy Council being Members of this House, Sir Walter Raleigh, Sir Francis Hastings, Mr. Fulke Grevill, the Masters of Request, Sir Edward Hobbie, Sir Robert Wroth, Sir Francis Darcte, Sir George Moore, Sir John Grey, Mr. Barrington, Mr. Tate, Mr. Martin and Mr. Skipwith, to meet upon Thursday next at eight of the Clock in the Morning.

These names being thus transcribed out of the Original Journal-Book of the House of Commons, another passage of this day doth here follow out of a Private Journal of that House.

Mr. Speaker said, I am to certify you from the Lords of a great disorder committed by the Pages and Servants as well of the Lords themselves, as of your Servants and Attendants, so that not only abuse is offered, but weapons and blood drawn. For remedy whereof the Lords have given strait Commandment that their Servants keep peaceable and quiet Order, and that neither their Pages, Attendants or Servants do stand upon the Stairs or nearer the House than the Stair foot. They desire that every Member of this House would do the like to their Servants, and so expresly to charge and command them. And I would move you that you would be pleased the Serjeant might go forth and signify so much from you unto the Company without.

Mr. Wiseman said, The disorder Mr. Speaker speaks of, is now grown so great, that a man dare not go down the Stairs without a Conductor.

So the Serjeant went and delivered the Message, and the abuse was well reformed.

Mr. Davies made Report of the meeting and travel of the Committees in the Bill touching Gavelkind Lands, and brought in the Bill with some Amendments.

On Wednesday the 9^th day of December the Bill touching the Assurance of certain Mannors, &c. to Samuel Sandys and John Harries Gent. was committed unto Sir George Moore, Sir Stephen Soame, M^r Henry Mountague, M^r Tho. Caesar, M^r Trevor, M^r Egcock, M^r Jo. Harries, the K^ts and Citizens p. 674for Worcester and Mr. Pawle, who were appointed to meet in the Middle-Temple Hall at two of the Clock in the Afternoon of this present day.

The Amendments in the Bill touching Gavelkind Land were twice read, and with the Bill Ordered to be ingrossed.

The Amendments in the Bill touching a Key or Harbour to be made on the North parts of the River of Severn were twice read, and with the Bill Ordered to be ingrossed.

The Bill for maintenance of Ships and encrease of Sea-saring men was read the second time and committed unto the Queens Learned Councel being of this House, Sir Walter Raleigh, Sir Robert Wroth, the Knights and Citizens for London, the Burgesses of all the Port Towns, Mr. Trevor and others, who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock; And the Bill and Committees names were delivered to Sir Walter Raleigh.

Mr. Moore made Report of the meeting of the Committees in the Bill touching Cree Church, and brought in the Bill with some Amendments.

The Amendments in the Bill touching Cree Church were twice read, and the Bill was Ordered to be ingrossed.

The Bill for the making and working of Woollen Cloths was read the second time, and committed unto the former Committees for Woollen Cloths (who were appointed to meet November 23. and on Wednesday the 18^th day of November foregoing) and appointed now to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock.

Another Bill also touching the Government of some Northern Counties was read the first time.

The Points to be considered of in the continuance of Statutes were read, and offered still to dispute, whether the Statute of Tillage should be continued.

M^r Johnson said, In the time of Dearth when we made this Statute, it was not considered that the hand of God was upon us; And now Corn is cheap; if too cheap, the Husbandman is undone, whom we must provide for, for he is the Staple man of the Kingdom. And so after many Arguments he concluded the Statute to be repealed.

Mr. Bacon said, The old commendation of Italy by the Poet was, Potens viris atque ubere gleba; and it stands not with the policy of the State, that the wealth of the Kingdom should be ingrossed into a few Graziers hands. And if you will put in so many Provisoes as be desired, you will make it useless. The Husbandman is a strong and hardy man, the good footman, which is a chief observation of good Warriers, &c. So he concluded the Statute not to be repealed.

Sir Walter Raleigh said, I think this Law fit to be repealed; for many poor men are not able to find seed to sow so much as they are bound to plough, which they must do, or incur the Penalty of the Law. Besides, all Nations abound with Corn. France offered the Queen to serve Ireland with Corn for sixteen shillings a quarter, which is but two shillings the bushel; if we should sell it so here, the Ploughman would be beggered. The Low-Country man and the Hollander, which never soweth Corn, hath by his industry such plenty that they will serve other Nations. The Spaniard who often wanteth Corn, had we never so much plenty, will not be beholding to the English man for it, neither to the Low-Country men, nor to France, but will fetch it even of the very Barbarian. And therefore I think the best course is to set it at liberty, and leave every man free, which is the desire of a true English man.

Mr. Secretary Cecill said, I do not dwell in the Country, I am not acquainted with the Plough: But I think that whosoever doth not maintain the Plough, destroys this Kingdom. There were the last Parliament great Arguments in this point; and after a deliberate disputation, the passage of this Bill concluded. My Motion therefore shall be, that this Law may not be repealed, except former Laws may be in force and revived. Say that a Glut of Corn should be, have we not sufficient remedy by transportation, which is allowable by the Policy of all Nations? I cannot be induced or guided from this opinion upon Government of former Statutes; I am sure when Warrants go from the Council for levying of men in the Countries, and the Certificates be returned unto us again, we find the greatest part of them to be Ploughmen. And excepting Sir Thomas Moore's Utopia, or some such feigned Common-Wealth, you shall never find but the Ploughman is chiefly provided for: The neglect whereof will not only bring a general but a particular damage to every man. If in Edward the First his time a Law was made for the maintenance of the Fry of Fish, and in Henry the Sevenths time for preservation of the Eggs of Wild-Fowl; shall we now throw away a Law of far more consequence and import? If we debar Tillage, we give scope to the Depopulator; And then if the poor being thrust out of their Houses go to dwell with others, straight we catch them with the Statute of Inmates; if they wander abroad, they are within the danger of the Statute of the Poor to be whipt. So by this means undo this Statute, and you indanger many thousands. Posterior dies discipulus prioris. If former times have made us wise to make a Law, let these latter times warn us to preserve so good a Law.

M^r Serlbie desired that the County of Northumberland might be exempted out of the Statute, because it was so nigh Scotland, and their Country was so infected with the Plague, that not only whole Families but even whole Villages have been swept away with that calamity, &c. And so he made a long Speech to that effect.

Serjeant Yelverton and M^r D^r Carey came from the Lords to desire that the Conference touching Leters Patents might be prolonged till Friday p. 675Morning at eight of the Clock, which was assented unto.

It was put to the question, whether the Bill of Tillage should be committed, and most said I, I, I. Then whether Northumberland should be exempted (upon M^r Serlebies Motion) and all said I, I, I.

Another matter which the Committees in the continuance of Statutes doubted of was, whether M^r Dormers Proviso should be put into the Bill of Tillage made Anno 39 Regin. Eliz.

M^r Davies said, May it please you, M^r Speaker, the Gentleman is at the Door ready to attend with his Councel, to satisfie the House. May it please the House to hear him, and all said I, I, I.

M^r Dodderidge of Councel with M^r Dormer who came with him spake and said, M^r Speaker, It pleased her Majesty to license M^r Dormer under her Letters Patents, with a Non obstante this Statute, to inclose three hundred Acres of ground; and he humbly prayeth the House to accept and admit of this Proviso for the saving of his Letters Patents; the rather for these reasons; First, In respect the ground inclosed is a small quantity; Secondly, The Country is apt for Pasture not for Tillage; Thirdly, The ground is a kind of a Marish Ground and too moist and soft and altogether unapt for Tillage; Fourthly, In that her Majesty hath granted her Letters Patents, and that they concern her Prerogative, that this House, &c. So he delivered the Proviso and M^r Dormer his Letters Patents, and went forth.

M^r Serjeant Harries said, Ubi non est ordo, ibi est confusio. Mr. Speaker, divers Gentlemen stand before the Door, which breeds a confused sound when the question is propounded. May it please every man to take his place, that is both a seemly and antient Custom. Which they all did accordingly.

Mr. Speaker said, I will put it to the question, Whether this Proviso shall be received. Whereupon it was twice put to the question, and the I, I, I. were the greater both the times, but the Noes would needs have the House divided. So the Door being set open and no man offering to go forth, Mr. Martin said:

Mr. Speaker, I have observed it, that ever this Parliament, the Noes upon division of the House have carried it. The reason whereof as I conceive is, because divers are loth to go forth for losing of their places, and many that cry I, will sit still with the No. I therefore do but move this unto the House, that all those that have given their I, I, would according to their Consciences go forth, and for my part (said he) I'le begin.

Sir Walter Raleigh rose up to Answer him; but Mr. Comptroller, Sir John Fortescue, and all the House seeing them, rose in a hurry to go forth, and did not hear him. Whereupon himself and Mr. Secretary, it seemed, being of the No's, took some displeasure, as may appear by the Speeches after.

The House being divided upon Mr. Dormers Proviso aforesaid, the I, I, I. were a hundred seventy six, the Noes a hundred thirty four; so that the I, I, I. got it by forty four Voices.

Now after the House was set quiet,

Mr. Secretary … said, I am glad to see the Parliament so full, which towards the end used to grow thin; And therefore I think it convenient we agree upon some good Orders. The Reputation of this House hath ever been religiously maintained by Order and Government, but now Error hath so crept in amongst us, that we know not what is Order and what is disorder. The Gentleman that last spake (meaning Mr. Martin) first brake Order; for after the question put and the House agreed to be divided, he spake perswadingly to draw those out of the House which perhaps meant it not. Besides, he laid an imputation upon the House, that according to their Consciences men would not so much as remove out of their place: But I think there is no man here so fantastical, that though they be for the Bill, yet for their places sake, they will not alter their rooms. For this House is a House of Gravity, Conscience and Religion. I think it therefore fit he should Answer this imputation at the Bar. We have all this Parliament been against Monopolies, now we our selves protect one: But I see that men which have desired to be popular without the House for speaking against Monopolies, do also labour to be private within. But that I regard not. This I know, that good sums of money have been offered for the furtherance of this Proviso; but now it is past. I would now move you, that because we have spent some superfluous time in this Division, and because the affairs of this Parliament cannot possibly be dispatcht so soon as the Parliament must end, because of the performance of that gift which we have given unto her Majesty, which is nothing if it come not in due time, therefore that the House would be pleased after this day to sit in the Afternoons, for we consume our time now in unnecessary disputations.

Mr. Comptroller said, I think that notwithstanding any thing that hath been last said, howsoever our Orders have been heretofore broken, yet the Gentleman that spake, Mr. Martin, brake no Order of this House by speaking, for the House favoured him with silence, and therefore admitted to him liberty of Speech. That hi Speech was neither perswasive or offered any imputation to this House, I neither perceive it nor conceive it so; for it was only a Caution to the House, that former Orders were broken, and therefore now to be amended. And surely for not removing out of places, I have heard fault found before this time, and therefore the Gentleman is not now to be taxed. That this should be a Monopoly I can see no reason, for it hath been agreed that her Majesty may dispense with any penal Law, and that's no Monopoly, no more is this. And I am not of his mind that so great sums have been offered, the quantity of p. 676Land being but little, and his cause both good and just. And I protest for my part, I neither knew nor have heard of any. For the last Motion, which was the best, to sit twice a day, I do concur with him, and will be ready as a Member of this House to give my Attendance.

Sir Walter Raleigh said, I thought I had deserved of the House to have been heard to speak as well as he that spake before the division of the House; And in that I offered to speak and was not heard, I had wrong. For him that last spake, he spake out of Honour and not out of Judgment. Notwithstanding, I think it a Monopoly, and the Speech to be both perswasion, and to lay a great imputation upon the House. And this is all I would have said before.

Mr. Martin offered to speak, and asked the Speaker if he might Answer.

The House said I, I, I.

No, quoth Mr. Secretary, you must stand at the Bar.

The Cry of the House was, No.

Then M^r Secretary wisht it might be put to the question, First, Whether he should speak or no; And so it was, and not twenty said No.

Then it was put to the question whether he should speak at the Bar:

And M^r Brown the Lawyer stood up and said, M^r Speaker, par in parem non habet imperium, we are all Members of one Body, and one cannot judge of another.

So it being put to the question, there were not above twelve I, I, that he should stand at the Bar.

Whereupon standing in his place he shewed the Cause of his Speech to have been only for the Order of the House, and not out of any perswasive meaning that he had; for he protested that he knew neither the man nor the matter.

Sir Walter Raleigh made Report of the travel of the Committees in the Bill touching Iron Ordnance, and shewed, that they have drawn a new Bill to that purpose, and delivered 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 us que 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 p. 677speedy 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 quàm 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 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 p. 678her 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 Commonwealth, 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 was Ordered to be ingrossed.

The Bill that the Land of Edward Lucas Gentleman shall be lyable to the payment of certain Legacies, was read the second time, and committed unto Sir John Cutts, Sir John Cotton, M^r Attorney of the Wards and others, who were appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock.

Two Bills also had each of them one reading; of which the second being the Bill for the Assurance of the Joynture of Rachell Wife of Edward Nevill of Birling in the County of Kent, was read the third time and passed upon the question.

M^r Serjeant Yelverton and M^r D^r Swale coming from their Lordships, declared that their Lordships are ready for Conference according to the former appointment in the Bill concerning Letters Patents; as also touching a Paper delivered unto their Lordships containing an Information against M^r Belgrave a Member of this House in the Court of Star-Chamber.

It is Ordered that the Copy of Information exhibited into the Star-Chamber against M^r Belgrave a Member of this House, which was sent down from the Lords unto this House this day, shall be forthwith examined with the Record, and amended where it shall differ, and be certified under the Clerks hand of the Star-Chamber p. 679to be a true Copy. Vide concerning this business of M^r Belgrave on Thursday the third day, Monday the 7^th day, Tuesday the 8^th day and on Thursday the 10^th day of this instant Decem ber foregoing, as also on December the 16^th Wednesday ensuing.

Four Bills were sent up to the Lords by M^r Secretary Cecill and others; of which one was the Bill for recovering of certain surrounded Grounds in the County of Norfolk, &c.

M^r Browne a Committee in the Bill touching repairing of the Bridges near Carlisle, brought in the Bill with some Amendments.

The Amendments in the Bill touching the repairing of the Bridges near Carlisle were twice read, and the Bill was Ordered to be ingrossed.

The Additions in the Bill touching the Assize of Fuel were twice read, and with the Bill Ordered to be ingrossed.

Two Bills also had each of them one reading; of which the second being the Bill for relief of Souldiers and Mariners was read the second time, and committed unto M^r Secretary Cecill, Sir Francis Hastings and others, who were appointed to meet at the time and place before appointed for relief of the poor.

Thus far of these foregoing passages out of the Original Journal-Book or the House of Commons; Now follow some remembrances of that which was agitated at a certain Committee of both Houses in the Painted Chamber this Forenoon out of a Private Journal.

The Lords Committees (who were appointed to have Conference with the Committees of the House of Commons in the Bill touching Letters Patents, &c.) being set in the Painted Chamber, Mr. Secretary Cecill with the residue of the Committees of the said House repaired unto them, where M^r Secretary going to the Upper end of the Table spake to this effect. That if their Lordships had already concluded what to do in the Bill for Patents, then they had no Commission to proceed; and if they had altered the Bill in any Point with Amendments, they also had no Commission: But if their Lordships had done neither, but only were desirous to be resolved of any doubt which they in their wisdoms conceived, and would willingly thereabout confer with them, they would most willingly accomplish their Lordships desire, for they had sufficient warrant from the House.

The Lord Buckhurst Lord Treasurer after a little whispering with the Lords together, answered, That he would not have us preoccupate their judgments with a Speech both strange, improper and preposterous, with other words, &c.

M^r Secretary said, He could not answer his Lordship nor the rest without Order from the other Committees; And therefore prayed they might confer together: which was granted. So they went forth into an outward room and there conferred what Speech or Answer to make; and so after they returned again, and Mr. Secretary said, My Lords, We of the Lower House are very sorry your Lordships should any way conceive otherwise than well of our Speech and good intent. Your Lordships termed our Speech (for so I may say, because I spake in the name and behalf of the Committees) strange, improper and preposterous. My Lords, I think it not strange, for it is not unknown of your Lordships that we be all Members of one Body, and as we cannot be without your Lordships, so your Lordships cannot be without us; And when we are desirous, it pleaseth your Lordships out of your favour to vouchsafe us a Conference; so when you be willing, it pleaseth us out of the desire we have to be observant, to yield thereunto: Neither have your Lordships been more forward to gratify us with your favours, than we of the Lower House have been willing to further your Honours desires with our best furtherance. And therefore my Lords, it is no strange thing to have a Conference, neither our Speech strange because it tended to draw us to some particular point of Conference. For the Epithet improper, I am to tell your Lordships, that I delivered no more than I was commanded, nor no less than I was required. And therefore by your Lordships favour, no Cause it should deserve the title of impropriety. And I take it, by your Lordships favour, it was not preposterous: for my Lords, the first matter we took should be handled, was the doubts which we imagined your Lordships had conceived of the Bill; and if your Lordships had ought else conceived, I thought fit to shew your Lordships that we then came without Commission. So my Lords, I hope I have made it appear, that the Speech was neither strange, improper nor preposterous. But we of the Lower House who be here Committees, do beseech your Lordships that you would not conceive otherwise of us than we deserve; And your Lordships shall find us ever ready in all dutiful Service as coadjuting Members of one United Body the House of Parliament. So after withdrawing of themselves a little from the Table, the Lords hummed and whispered, and at length calling us,

The Lord Treasurer said, The Lords were satisfied with our Answer, and very glad they found us so conformable; by which they doubted not but we should well agree for the Conference, whereby the Bill might have the better passage.

M^r Secretary Answered, That he was very glad their Lordships did conceive aright of them; And that the Committees, because they were many and would not be troublesome with multiplicity of Speech, had chosen for their Speakers to satisfie their Honours, M^r Bacon, M^r Serjeant Harris, M^r Francis Moore, M^r Henry Mountague, M^r Philipps and M^r Boice. So the Lords called M^r Attorney General for them, who having spoken a while on the one side, and been Answered by Serjeant Harris on the other side, the Conference or meeting of the said Committees brake up imperfectly, and was further deferr'd till the next Morning.

The Passages of this Afternoon do now follow p. 680out of the Original Journal-Book of the House of Commons in manner and form following.

Post Meridiem.

Three Bills had each of them one reading; of which the second being the Bill to prevent Perjury and Subornation of Perjury was read the third time, and passed upon the question.

M^r Mountague a Committee in the Bill touching Souldiers and others, certified in the Bill with some Amendments, whereof he prayed the reading.

The Amendments in the Bill for relief of Souldiers and Mariners were twice read, and the Bill was Ordered to be ingrossed.

The Bill touching Policies of Assurances used amongst Merchants was read the second time, and committed unto Sir Walter Raleigh, M^r Doctor Caesar, Sir Francis Bacon, Sir Stephen Soame and others; And the Bill was delivered to Sir Francis Bacon, who with the rest was appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock.

The Bill touching Hat-Makers was read the third time, and upon the question and division of the House passed, with the Yea ninety three, and with the No forty six.

John Yakesley Esq returned into this present Parliament one of the Burgesses for the Town of Cambridge, is for his necessary affairs licensed by Mr. Speaker to depart.

Upon Motion made by Serjeant Harris, that Anthony Curwin Servant Attendant upon William Huddleston Esq a Member of this House, hath been Arrested into the Counter in the Poultrey in London, at the Suit of one Matthew a Chyrurgeon; It is Ordered, that the Serjeant that made the said Arrest and the said Matthew should be sent for to answer in this House for their said contempt, as appertaineth.

M^r Adam and Listers Councel are appointed to be heard to Morrow.

On Saturday the 12^th day of December the Bill to avoid the stealing of Cattle was read the second time and committed unto Sir George Moore, Mr. Maynard, Mr. Brown and others, who were appointed to meet upon Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon.

Two Bills had each of them one reading; of which the second being the Bill for Confirmation of the Mannor of Sagebury aliàs Sadgbury unto John Harris and Samuel Sandys Gent. was read the third time and passed upon the question.

Some part of this Forenoons Passages doth now next follow out of private Journals.

An Act for redress of certain abuses used in Painting was read the third time.

It was moved by Sir George Moore and some others, that the Bill might be let slip, and the Cause refer'd to the Lord Mayor of London, because it concerned a Controversie between the Painters and Plaisterers of London.

To which M^r Davies Answered, That the last Parliament this Bill should have past this House, but it was refer'd as is now desired, and Bonds made by the Plaisterers for performance of the Orders to be set down by the Lord Mayor; yet all will do no good: Wherefore, M^r Speaker, I think it good to be put to the question.

Sir Stephen Soame desired that my Lord Mayor might not be troubled with them, &c. but that it might be put to the question, and it seemed likely to go against the Painters. But M^r Heyward Townsend as it was putting to the question stood up, and shewed, that in the Statute of 25 Ed. 3. Cap. 3. Plaisterers were not then so called but Dawbers and Mudwall-Makers, who had for their Wages by the day three pence, and their Knave three half pence (for so was his Labourer called) they so continued till King Henry the Sevenths time, who brought into England with him out of France certain men that used Plaister of Paris about the Kings Sieling and Walls, whose Statute Labourers these Dawbers were. These Statute Labourers learned in short time the use of Plaister of Paris, and did it for the King, who increased to be many: then suing to the King for his Favour to Incorporate them, he did fulfil their desire, Incorporating them by the name of Gipsarium, which was for Clay and Mud, aliàs Morter-Makers, An. 16 Hen. 7. being no Freemen for all their Corporation, they obtained the Kings Letters in their favour to Sir William Remmington the Lord Mayor of London and the Aldermen, to allow them Freemen, which was granted; at what time came in four of them paying ten shillings a piece for their Freedoms: And in three years after that manner came in to the number of twenty, but they paid four pound a piece for their Freedom. They renewed their Patent in King Henry the Eighths time, and called themselves Plaisterers aliàs Morter-Makers, for the use of Loam and Lyme. They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and to the Aldermen, to grant them Ordinances for the better Rule and Government of their Company, in these words, viz. We the good Folks of Plaisterers in London of Plaister and Loam of the said City, for redress of certain abuses of Lath-Plaister and Loam wrought in the said Craft, &c. and had allowed unto them search for their Company for the use of Lath, Loam and Lyme. In all their Corporations at no time had they the word Colours, neither yet in their Ordinances. For all they were incorporated by the name of Plaisterers, yet in all King Henry the Eighths time they were called Dawbers, as appears in the Accompts of the Chamber of London, paid to such and such Dawbers for so many days so much, and to their Labourers so much. The Plaisterers never laid any Colour upon any of the Kings Houses, nor in the Sheriffs of London, but this Year. They wore no Livery or Cloathing in the seventeenth p. 681of King Henry the Eighth. They have been suffered to lay Alehouse Colours as red Lead and Oaker with such like, and now intrude themselves to all Colours; Thus they take not only their own work but Painting also, and leave nothing to do for the Painter. Painters and Stainers were two several Companies in King Edward the Thirds time; one for Painting of Posts and all Timber-Work, and the other for Staining and Painting of Cloth of great continuance. The two several Companies were joined both into one by their own consents, and by the consents of the Lord Mayor and Court of Aldermen of the City the nineteenth year of King Edward the Fourth. The Painters had Orders allowed them for the use of Oyl and Colours, especially named in King Henry the Fourths time, from the Lord Mayor and City. Painters cannot work without Colours, their only mixture being Oyl and Size, which the Plaisterers do now usurp and intrude into. Painters have her Majesties Letters Patents dated the twenty fourth year of Elizabeth, forbidding any Artificer the use of Colours and Oyl or Size, after the manner of Painting, but only such as have been or shall be Apprentice, namely with a Painter, seven years at the least. And where the Plaisterers object, that the Painters do abridge other Companies of their Colours, that is most apparently untrue; for Goldsmiths do use Colours, but not after the manner of Painting, and work without Oyl or size. Book Binders use Colours, but neither with Oyl or Size. So Cutlers use Varnishing and Gilding; So Glaziers use Colours with nealing in the Oven; Bricklayers use Colours, but neither with Oyl or Size; And Joiners do use Varnish. Workmanship and Skill is the gift of God, and not one in ten proveth a Workman; yet it is requisite, that all such as have been brought up all the dayes of their Life in a Trade, and cannot attain to the Excellency of Skill that is required, should live by the baser part of their Science, when they cannot attain the better, which is in working in Oyl and Size those Flats, Posts and Windows, &c. If Plaisterers may be suffered to Paint, Workmanship in Painting will decay; for no Workman will keep an Apprentice four or five years to practise and not able to get one penny, unless he might now get something towards his Meat and Drink in laying of Oyl Colours, as on Posts. And experience teacheth us now, that among the number of three hundred there are not twelve sufficient Workmen to be found in London. Yet one of these (such was his Poverty) was fain for his relief to Wife and Children to wear upon the Lord Mayors Day a Blue Gown and red Cap, and to carry a Torch (he being fifty years old.) One man will lay and paint more Colours in a day than ten men can grind, which grinding of Colours shall be the relief of two or three hundred poor men, that cannot attain Workmanship, and that is taken away by Plaisterers, and the poor men both Painters, their Wives and Children go a begging for want of work. Besides, Painting of Cloths is decayed, and not an hundred Yards of new Painted Cloth made in a Year here by reason of so much Painted Flanders pieces brought from thence; so as the Painters have nothing to live on, but laying of Oyl Colours on Posts, Windows, &c. It is a curious Art and requireth a good Eye, and a stedfast Hand, which the infirmity of Age decayeth quickly, and then Painters beg. Plaisterers take money from the Highest Personages to the meanest Cottagers, whose Walls must needs be made: Painters take money but of a few for their delight. Painters give to the Plaisterers six kind of Colours commonly used (as the Bill importeth) to be laid with Size and not with Oyl; and for every twenty shillings earned with Oyl Colours, there is ten pound earned with Size Colours, being every mans money. These Walls thus curiously painted in former Ages, the Arms so Artificially drawn, the Imagry so perfectly done, do witness our Forefathers care in cherishing this Art of Painting, &c. So I think the Bill very reasonable and fit to pass; And thereupon the Bill passed upon the question.

The residue of this Forenoons Passages do hereafter follow out of the Original Journal-Book of the House of Commons.

Two Bills had each of them one reading; of which the first touching garbling of Spices was read the third time, and passed upon the question and division of the House, with the difference of fifty four Voices, viz. with the Yea ninety five, with the No forty one.

M^r Attorney General and M^r Doctor Carew coming from the Lords unto this House do signifie, that their Lordships are ready for Conference with the Committees of this House appointed to have Conference with their said Lordships in the Bill touching Confirmation of Grants and Letters Patents, &c.

The four Bills last past were sent up to the Lords by M^r Secretary Cecill and others.

The Bill touching the Prisoners in Ludgate was read the second time, and committed unto all the Queens Learned Councel being of this House, the Master of Requests, Sir Stephen Soame, M^r Philips and others, who were appointed to meet this Afternoon at the Committee Chamber of this House at two of the Clock in the Afternoon.

The Bill to redress misimployment of Lands, Goods and Stocks of money heretofore given to certain charitable uses, was upon the second reading committed to the former Committees (who were appointed on Saturday the 28^th day of November foregoing) and unto Sir Edward Stanhop, M^r Maynard, M^r Harris and others, who were appointed to meet in the Committee Chamber of this House at two of the Clock this Afternoon.

M^r Brown a Committee in the Bill against transportation of Iron Ordnance declared the travel of the Committees, and delivered in the Bill with some Amendments.

p. 682The Amendments in the Bill against transportation of Ordnance, &c. was twice read, and the Bill was Ordered to be ingrossed.

Sir Francis Darcie a Committee in the Bill touching relief of Maimed Souldiers and Mariners, declared the Addition of some few words unto the same by the Committees, viz. [do not exceed or be under] and in another place these words, viz. [and be under] which being twice read the Bill was Ordered to be ingrossed.

Post Meridiem.

The Bill touching the establishing of the remainder of certain Lands unto Kettlebie was read the second time and committed unto M^r Comptroller, M^r Secretary Cecill and others, who were appointed to meet in the Court of Wards upon Monday next in the Morning at eight of the Clock.

The Bill for the more diligent coming to Church on the Sunday, was read the third time.

To which several Speeches were made as followeth.

M^r Bond said, This Bill as it is now ingrossed, much differeth from the first which was here presented, which I the better like of. Notwithstanding, in my opinion, the Bill is altogether needless, and divers reasons move me to think it both inconvenient and unnecessary. Every evil in a State is not to be met with in a Law; and as it is in natural, so it is in politick Bodies, that sometimes the remedy is worse than the disease. And therefore particular Laws against particular offences induce novelty, and in novelty contempt. Hippodamus Milesius offered to reward any man bountifully which could invent a good and new Law: But Aristotle condemneth that Policy, and the best Orator Demosthenes condemneth that State which will admit of any Innovation, although it be good in it self. If this Bill passeth, there will be two imputations happen to the State, which Wisdom wills us both to forsee and shun: The first an Infamy to our Ministers, that our Adversaries may say, this is the fruit of your labour to have Preached away your Audience out of the Church; The second no less but rather a greater imputation upon our Archbisnops and other Ecclesiastical Governours, that they be either remiss in their Authority, or else that their Prerogative hath not so much power as a twelve peny Fine. And doubtless these imputations cannot be avoided, if we give the Jesuits such head, scope and comfort as they in their Writings do greedily apprehend. I do, M^r Speaker, conceive great difference betwixt primo Eliz. when time was, and this Law of 44 Eliz. as now it is. Then the People were newly taken from Massing and Superstition; Now they are planted in truth, and rooted in Religion. The light did then scarce appear unto them, which now shineth with glorious Beams upon our Teachers and Ecclesiastical Judges. And as the malice of the Adversary was only against them in the beginning, so is it stretcht forth to put down, and flameth like a consuming Fire to devour our Doctrine. These reasons aforesaid were the Ground-work of Osorius's Foundation in his Epistle unto her Majesty, to give advantage to speak evil. I will give but a reason or two more and so an end. Suppose that a neglector of Church-Service comes to the Sessions there to be Examined, alledging an excuse; many businesses so concern the doer not to be known, that to speak truth would be his undoing, and to speak untruth would be a wound unto his Conscience; And to say his business, were a meer mockery; and to say an untruth, an apparent danger. If this Law may stand for a Law, methinks I foresee what breach of Charity will happen. Say there be forty in a Town absent, the Church-Warden presents some and not others: It will be objected unto him, wherefore should I be presented and not he? why my Wife, my Son, my Servant, my Friend, not his, &c. Will not this be a great breach to Unity and Peace? Just prosecution will be infinitely cumbersome, and partial connivance subject to quarrel. Notwithstanding this Statute we leave power to the Ecclesiastical Judge whose course is to proceed to Excommunication, and so an Excommunicato capiendo must be had. This is as great a charge as the Indictment in the Statute of primo. In this Statute a Witness or two must be brought to the Sessions, he must be presented to the Grand Jury and so Indicted; This will cost five shillings, a noble or ten shillings, which is as much as the charge in the first Statute. So because this Bill is slanderous to the Clergy, slanderous to the State, repugnant to Charity and Crambe recocta, I humbly pray it may receive the like entertainment the former Bill had, viz. to be rejected.

Sir Francis Hastings said, I shall speak upon great disadvantage; I perceive this Member of our House hath taken studied pains to disturb the passage of this Bill. To which I shall not so well answer, because I shall not so well carry away the particulars of this politick, but not Religious discourse. If it be Religion to be obedient at pleasure, if I could be Zealous to day, and cold to Morrow, I could subscribe to all that he hath said. We connot do a more acceptable thing to God or a more dutiful service to the State, than bring men to fear God. Religion and Policy may well stand together: But as that policy is most detestable which hath not Religion to warrant it, so is that Religion most happy which hath policy to back and maintain it. I know the Jesuits and Priests be out of square, and be at a Jarr amongst themselves: I pray God it be not to make a breach among us, who be yet in Unity. Wit well applyed is a profitable thing; but ill applied, dangerous, in whomsoever doth abuse it. There is no man of sense and Religion, but thinketh that be is far from Religion (pointing at M^r Bond) that made the Speech. First, he said it would be an imputation to our Ministers. p. 683That Speech was both absurd in Judgment and slanderous in uttering; as though by the Ministers of the word we were loth to hear of our Sins or reconcile our selves to God. The second, That it was an imputation on Archbishops, Bishops, &c. I am so far from blaming their Government, that I renounce that Position. I am very sorry, that the strength of their Authority stretcheth not so far as I could wish it in this point. But methinks this Law should rather be a credit to the Ministry, that now we having gone to Church these forty three Years our selves, are so fervent in Religion, that we desire also that others may do the like. I beseech you give me leave to wipe away a grievance, which it seems the Gentleman that last spake imputeth unto me. He hath made a Protestation, that he is no Papist: I appeal to you all if I said he was. And I say he is no Puritan if he be not a Papist; for if there be ever a Puritan in England, it is a Papist. I learned of D^r Humfrey who was sometimes my Tutor, a division of four sorts of Puritans; First, The Catholick which holds that a man cannot sin after Baptism; Secondly, The Papist, which is such a Merit-monger, that he would not only save himself by his own Merits, but by the Merits of others also; A third sort are the Brownists or Family of Love, a Sect too well known in England, I would they had never so been; The fourth and last sort are your Evangelical Puritans, which insist wholly upon Scriptures as upon a sure ground; And of these I would we had many more than we now have.

It was shewed by D^r Bennet upon occasion of Speech of the multitude of Recusants, that there were thirteen hundred, nay fifteen hundred Recusants in Yorkshire, which he vouched upon his Credit were presented both in the Ecclesiastical Court and before the Council at York.

So after divers Speeches and Arguments it was put to the question, whether the Bill should be ingrossed, and the greater number could not be discerned. Whereupon Sir Robert Wroth shewed, that he had a Proviso ready ingrossed, the substance whereof was, That if any man came eight times a Year to the Church, and said the usual Divine-Service twice every Sunday and Holyday in his House, with his whole Family, that should be a sufficient dispensation. This was utterly misliked: yet divers which were desirous to overthrow the Bill went forth with the Proviso, because they would have it joined with the Bill to overthrow it. Whereupon the House was divided, and upon division it appeared thus, The I, I, I were a hundred twenty six, the No were eighty five. So the Proviso past. Then it was put to the Question for the Bill, but then divers reasons were shewed, M^r Bonds two reasons of prejudice to Ministers and the Clergy, and the danger by breach of Charity; That the Information was a thing contrary to Magna Charta, That there might be a Conviction without enquiry.

Sir Walter Raleigh shewed, that all the Church-Wardens of every Shire must come to the Assizes to give Information to the Grand Jary; say then there be a hundred and twenty Parishes in a Shire, there must now come extraordinary two hundred and forty Church-Wardens: And say that but two in a Parish offend in a quarter of a Year, that makes four hundred and eighty persons with the Offenders to appear; what great multitudes this will bring together, what quarrelling and danger may happen, besides giving Authority to a mean Church-Warden, how prejudicial this may be, &c. with divers other reasons against it. As also some Ambiguities and Equivocations therein; The Proviso newly added being a plain Toleration from coming to Church; and that the Parson could not present or constrain any if they said Service at home. So it was put to the question thrice together, and because the truth could not be discerned, the House was again divided, and the I, I, I went forth and were a hundred and five, and the Noes within a hundred and six. So they got it by one Voice, and the I, I, I lost; but then the I, I, I said they had M^r Speakers, which would make it even. And then it grew to a question, whether he had a Voice. Sir Edward Hobbie who was of the I, I, I side, said, that when her Majesty had given us leave to chufe our Speaker, she gave us leave to chuse one out of our own number and not a Stranger, a Citizen of London and a Member; and therefore he hath a Voice. To which it was answered by Sir Walter Ralergh, and confirmed by the Speaker himself, that he was foreclosed of his Voice by taking that place, which it had pleased them to impose upon him; and that he was to be indifferent for both Parties: And withal shewed, that by the Order of the House the Bill was lost.

M^r Bowyer, Secretary to the old Lord Treasurer Buckhurst, said, M^r Speaker, I think it not lost, for there hath been foul and great abuse offered in this matter. A Gentleman that would willingly go sorth according to his Conscience, was pulled back: Though I much reverence my Masters of the Temple, and am bound to our Benchers of the Middle-Temple, yet if it will please the House and you M^r Speaker to command me to name him, I will. The greatest Voice said no, yet M^r Secretary Cecill willed him to name him, and he said, it was M^r Dale of the Middle-Temple.

Sir Walter Raleigh said, why if it please you, it is a small matter to pull one by the Sleeve, for so have I done my self ostentimes. (And great loud Speech, and stir there was in the House.)

M^r Comptroller (after silence) said, We have been often troubled by a Physician (meaning M^r Bond) and he hath been spoken against. He troubled us with Aristotle and other Books; if he had stayed there, it had been well: but I think we had need of Physicians to stay our Heads and cool our heats and humours, not fitting a Court of Parliament; for it is a most intolerable p. 684disorder. I think the offence is a hainous offence, both against God, and this Assembly. For the first, in that every man is to go according to his Conscience and not by compulsion; And for the other Gentleman Sir Walter Raleigh, that said he had often done the like, I think he may be ashamed of it; for large is his Conscience, if in a matter of so great consequence he will be drawn either forwards or backwards by the Sleeve; And I think it so hainous, that he deserves to Answer it at the Bar (meaning M^r Dale, but because Sir Walter Raleigh was last named, it was taken to be meant of him.)

M^r Secretary Cecill said, I am sorry to see this Disorder, and little do you know how for disorder the Parliament is taxed, I am sorry I cannot say slandered. I had hoped as this Parliament began gravely and with Judgment, so we should have ended modestly, and at least with discretion. I protest I have a Libel in my Pocket against the Proceedings of this Parliament. The offence which the Gentleman that last spake, spoke of, I confess is great and punishable; And this I wish may be inflicted on him, that he whose Voice may be drawn either forwards or backwards by the Sleeve, like a Dog in a string, may be no more of this House; And I wish for his Credits sake he would not. But that it should be so great to be called to the Bar, I see no reason, neither do I know why any in this House should speak so imperiously as to have a Gentleman of his place and quality (pointing to Sir Walter Raleigh) called to the Bar, I see no reason for it: For the matter it self, the Noes were a hundred and six, and the I, I, I a hundred and five, the Speaker hath no Voice; and though I am sorry to say it, yet I must needs confess lost it is, and farewel it.

There was another Gentleman, a No, pulled out as well as the other was kept in, and therefore it had happened even howsoever; for M^r Edward Jones and M^r Barker pulled out Lyonell Ducket.

The residue of this Afternoons Passages and part of the next day do now next follow out of the Original Journal-Book of the House of Commons it self, viz.

M^r Doctor Carew and M^r Doctor Hone did bring from the Lords two Bills passed with their Lordships; of which the first was the Bill concerning Captains, Souldiers, Mariners and other the Queens Services in the Wars.

M^r Serjeant Yelverton and M^r Doctor Hone being come from the Lords do declare, that their Lordships do desire another Conference between the Committees of this House and the Committees of their Lordships, which they do appoint to be upon Monday next at the fore-appointed hour and place; And that the former Committees (who were appointed on Thursday the 12^th day of November foregoing) or others whom this House shall thereunto appoint, may have Authority from the House to conclude and resolve upon the Bill lately passed from this House unto their Lordships, viz. the Bill for Confirmation of Grants and Letters Patents, &c. which was by the House Ordered and agreed unto accordingly.

On Monday the 14^th day of December, Two Bills had each of them one reading; of which the second being the Bill touching Cosening Bankrupts was read the first time, and upon the question and division of the House Ordered not to be read any more, with the Yea thirty five, with the No forty five.

Two Bills also had each of them one reading; of which the second being the Bill for the draining of certain surrounded grounds, &c. had its second reading, and was delivered to the former Committees (who were appointed on Tuesday the first day of this instant December foregoing) to meet in the Exchequer Chamber this Afternoon at two of the Clock.

The Bill touching Denizens, (after some questions and Arguments whether Matthew de Quester should pass and be inserted among the rest) being thrice read, it was passed upon the question.

M^r Moore made Report of the meeting of the Committees in the Bill for continuance, repeal and explanation of certain Statutes, and delivered in the Bill with some Additions and Provisoes.

The Amendments, Additions and Provisoes in the Bill for continuance, repeal and explanation of Statutes was twice read.

Provisoes for Dover-Haven in the Bill for continuance and repeal of Statutes were twice read, and committed unto M^r Comptroller, Sir Walter Raleigh, M^r Snigg, Sir John Lewson and others.

M^r Francis Bacon made Report of the travel of the Committees in the Bill touching Policies of Assurances, and brought in the Bill with some Amendments, and prayed the reading thereof.

The Amendments in the Bill touching Policies of Assurances used amongst Merchants were twice read; and with the Bill Ordered to be ingrossed.

M^r Doctor Swale and M^r Coppin did bring from the Lords the two Bills formerly passed in this House, the one Intituled An Act touching Orders in the Exchequer with a Proviso added to the same by their Lordships likewise passed with the Lords, and another touching the Jointure of Lucie Countess of Bedford with certain Amendments and two Provisoes added.

Three Bills had each of them one reading; of which the first being the Bill for the Repeal of An Act made in the fourteenth Year of her Majesties Reign touching the reforming the length of Kersies was read the second time, and committed unto Sir George Moore, Sir Edward Moore, M^r Kingsmell, M^r Popham, the Burgesses of Clothing Towns, and others, who were appointed to meet this Afternoon at two of p. 685the Clock in the Exchequer Court.

The Two Bills last passed were sent to the Lords by M^r Secretary Cecill and others the Committees appointed to have Conference with the Lords this Afternoon.

M^r Philipps, one of the Committees in the Bill against misimploying of Lands, Stocks and Stores given to Charitable Uses, brought in the Bill with some Amendments added by the Committees, of which he praveth the reading.

The Amendments in the Bill against misimploying of Lands, Stocks and Stores of Money given to Charitable Uses were twice read, and the Bill Ordered to be ingrossed.

The Proviso that came from the Lords in the Bill touching Orders in the Court of Exchequer was twice had, and committed presently to be considered of by M^r Sollicitor and M^r Winch in the Committee Chamber of this House.

The Bill for the repairing of two Bridges near the City of Carlisle in the Country of Cumberland, was read the third time and passed upon the question.

Two Bills also had each of them their third reading, and passed upon the question; of which the first was the Bill concerning the Assize of Fuel.

Thus far out of the Original Journal-Book of the House of Commons; now follow the passages touching the Arrest of a Servant of a Member of the same, out of a private Journal.

M^r Davies moved the House and shewed, that a Servant of Mr. Huddleston (Knight for Cumberland) being some twelve Months since hurt in the Hand, went unto one Matthews a Chirurgion by Fleet-Bridge, who for ten pounds undertook the Cure; the man gave him a Bill of ten pound for the said …, which he the said Matthews could not perform without leaving a great scar, and withal a little … in his hand: notwithstanding he paid the Chirurgion eight pound. But upon what suggestion I know not, Matthews hath sued Mr. Huddleston's man for the whole ten pound and Arrested him upon an Execution into the Counter. The man told him he was Mr. Huddlestons Servant, and that his Master was a Member of this House and a Knight of a Shire, and that he was thereby priviledged from Arrests, and wisht to be discharged; but Matthews and the Serjeant answered him, they cared not for his Master nor for the priviledge, and said that he was not priviledged from an Execution. And so being carried to the Counter, he told the like there to the Clerks, who affirmed likewise that priviledges could not extend to Executions, and therefore would not discharge him. And therefore I pray in the behalf of the Gentleman, that both Matthews and the Clerks and Serjeant may be sent for. And so they were Ordered to appear to Morrow in the Afternoon.

The Bill touching Captains, Souldiers and Mariners, and other her Majesties Services in the Wars, was read the first time.

Post Meridiem.

Sir Robert Wroth, a Committee in the Bill for Relief of the Poor, brought in the Bill with the Amendments, and a Proviso added by the Committees.

The Proviso and Amendments in the Bill for the relief of the Poor, were twice read, and the Bill was Ordered to be ingrossed.

Two Bills had each of them their third reading; of which the second being the Bill for the confirming the Authority and Government of the Mayor, Sheriffs and Aldermen of London within S^t Katherin's Christ Church, was upon the question of Amendments in the Bill and the division of the House dashed with the difference of forty three voices, viz. with the Yea forty nine, and with the No eighty six.

The Bill touching matters in Policies of Assurances was read the third time, and passed upon the question.

Mr. Wirgfield, a Committee in the Bill touching the draining of surrounded Grounds in the Counties of Cambridge, Huntington, Northampton, Suffolk and Norsolk, &c. brought in the Bill with some Amendments and a Proviso added by the Committees, and prayed the reading thereof.

The Amendments and Proviso in the Bill touching draining of surrounded Grounds in the Counties of Cambridge, Huntington, Northhampton, &c. were twice read, and the Bill was Ordered to be ingrossed.

The Bill for the more peaceable Government of the Counties of Cumberland, Northumberland and Westmerland with the Bishoprick of Durham was read the second time, and committed unto all the Privy Council being Members of this House, the Knights of Cumberland, Northumberland and Westmerland, and others, who were appointed to meet to Morrow in the Morning in the Committee Chamber of this House.

On Tuesday the 15^th day of December, Four Bills had each of them one reading; of which the last being the Bill for avoiding of idleness and setting the Poor on work, was read the second time, and upon the question for committing or ingrossing dashed.

Mr. Dr. Stanhop and Mr. Dr. Hone did bring from the Lords a Bill that passed in this House intituled An Act for the making of an Harbour or Key on the North parts of Devon in the River of Severn, for the safeguard of men and Shipping, &c. with the Amendment of one word to be put out, viz. the word Free.

The Amendment brought down from the Lords in the Bill touching a Harbour or Key to be made, &c. was thrice read and assented unto by the House, and so passed upon the question.

Two Bills also had each of them one reading; of which the last being the Bill for the relief of Theophilus Adams, &c. was read the third time, p. 686and after Councel heard on all parts, dashed upon the question.

Sir Edward Hobbie a Committee in the Bill touching Kettlebie and Kettlcbie, shewed the travel of the Committees in framing of a new Bill by consent of Parties, and so delivered in both the old and new.

The Bill for ending and appeasing of all Controversies, matters and debates between Francis Kettlebie on the one part, and Andrew Kettlebie and Jane his Wife of the other part, was twice read, and committed unto M^r Sollicitor, Sir Edward Hobbie, Sir Francis Hastings, Sir Edward Stafford and others, who were appointed to meet and consider presently in the Committee Chamber of this House.

The Bill for continuance and Repeal of Statutes was read the third time, and passed upon the question.

After many Arguments and Speeches had for admittance of a Proviso for Mr. Dormer in the Bill of Continuance of Statutes, it was upon the question and division of the House dashed with the difference of thirty five Voices, viz. with the Yea a hundred and eleven, and with the No a hundred forty six.

The Amendments added by the Committees in the Bill touching Kettlebie and Kettlebie were twice read, and with the Bill Ordered to be ingrossed.

Robert Drew Esq returned one of the Burgesses for the Borough of Vizes in the County of Wilts, is for his necessary and important affairs licensed by Mr. Speaker to depart.

Post Meridiem.

The Amendments in the Bill touching the true making and working of Woollen-Cloths were twice read, and the Bill was Ordered to be ingrossed.

Anthony Matthew a Chirurgeon being brought to the Bar, and charged by Mr. Speaker with his contempt against the Liberties and Priviledges of this House, and the Members of the same, in causing Anthony Curwin Servant Attendant upon Mr. Huddleston a Member of this House to be Arrested into the Counter in the Poultry in London, which Anthony Matthew being asked what he could alledge for his defence herein, Answered and affirmed that he did not know that the said Curwin did belong to any Member of this House, and he most humbly submitting himself unto the censure of this House, was after sundry Speeches therein had, discharged paying his Fees to the Serjeant and Clerk.

And upon the question it was resolved that the said Anthony Curwin should have Priviledge.

Sir John Cutts a Committee in the Bill touching Flowerdew and Lucas made Report of the meeting of the Committees, and of some Amendments added by them unto the Bill, which he prayeth may be read.

Two Bills had each of them one reading; of which the first being the Bill against transportation of Iron Ordnance, &c. was read the third time, and passed upon the question.

The Eight Bills last past were sent up to the Lords by Mr. Secretary Cecill, Mr. Comptroller and others.

The Amendments in the Bill touching Lucas and Flowerdew were thrice read, and with the Bill Ordered to be ingrossed.

M^r Moore made Report of sundry meetings and Conferences had by the Committees of this House with the Lords Committees in the Bill touching Confirmation of Grants and Letters Patents, and shewed their Agreements with their said Lordships.

Two Bills lastly had each of them one reading; of which the second being the Bill for the better Government of the Counties of Cumberland, Northumberland, Westmerland and the Bishoprick of Durham, was read the third time and passed upon the question.

The Passages of the day foregoing and this instant Wednesday following are wholly transcribed out of the Original Journal-Book.

On Wednesday the 16^th day of December the Bill for the changing of the Sirname-of Waller into the name of Debden was read the first time.

M^r Henshaw brought in the Bill with some Additions to the same from the Committees, viz. The Bill touching the length of Kersies.

The Amendments or Additions in the Bill touching the length of Kersies were twice read, and the Bill was Ordered to be ingrossed.

Eight Bills had each of them their third reading and passed upon the question, and were sent up to the Lords by M^r Secretary Cecill and others; of which the two last were, one for the true working of Woollen-Cloths, and the other for the necessary relief of Souldiers and Mariners.

M^r Serjeant Yelverton and M^r Doctor Hone did bring from the Lords the Act for Confirmation of the Subsidies of the Clergy and the Original Grants under the Archbishops Seal.

The Amendments that came from the Lords in the Bill for Assurance of the Jointure of the Countess of Bedford, with the Provisoes annext, were thrice read and passed upon the question.

The Bill for the maintenance of the Navy and encrease of the Navigation was read the first time.

M^r Comptroller, Sir Walter Raleigh, M^r Lieutenant of the Tower and others, were appointed to have Conference with the Lords touching some Amendments or Addition to be had in the Proviso sent from the Lords unto this House, to the Bill before passed in this House touching Orders to be kept in the Court of Exchequer.

Post Meridiem.

M^r Attorney General and Mr. Doctor Stanhop p. 687did bring from the Lords a Bill before passed in this House, viz. touching Confirmation of Grants and Letters Patents, &c. And did declare that the Lords Committees and the Committees appointed by this House have most courteously had sundry Conferences together in the same as one entire body, and agreed upon some Amendments in the same.

The Bill touching Captains, Souldiers and Mariners, and other the Queens Services in the Wars, was read the second time, and upon the question and division of the House Ordered not to be committed, viz. with the Yea forty eight, with the No eighty one. And upon another question dashed.

The Bill for the confirmation of the Subsidy of the Clergy was read three times and passed upon the question.

The Proviso added to the Bill for Orders to be had in the Court of Exchequer was thrice read and passed upon the question.

On Thursday the 17^th day of December, Two Bills of no great moment had each of them one reading; of which the first being the Bill touching Printers and Printing was read the second time, and committed unto the Knights and Citizens of London, Mr. Lieutenant of the Tower, Mr. Moore and others, who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock.

The Bill for the Explanation of the Statute of Limitation of prescription to Rent-Charges was read the second time and committed unto Mr. Serjeant Harris, Mr. Moore and others, who were appointed to meet upon Saturday next in the Afternoon in the Exchequer Chamber at two of the Clock.

The latter Proviso touching the Bishop of Cartisle was read the second time.

The Bill with the Amendments for the Countess of Bedfords Jointure, and the Bill with the Proviso added by the Lords touching Orders in the Court of Exchequer were sent to the Lords by Sir Walter Raleigh and others.

The Bill touching Fines within antient Demesne was read the second time, and committed unto Sir Walter Raleigh, Mr. Serjeant Harris and others, who were appointed to meet this Afternoon in the Court of Wards at two of the Clock.

Sir Edward Hobbie moved, that such Members of this House as shall be sent from this House unto the Lords with the Bill for Confirmation of the Subsidy of the Clergy, may by direction of this House recommend unto their Lordships the Bill against transportation of Iron Ordnance, with request of their Lordships good furtherance to the passage of the same.

The Amendments and Provisoes in the Bill touching Confirmation of Grants made to her Majesty and of Letters Patents from her Majesty to others, were read the third time and passed upon the question.

Sir Robert Wroth moved, that an Order may be set down how the Collection made in this House for relief of the poor may be distributed. Whereupon it is Ordered, that the Souldiers now remaining about the City of London shall be relieved out of the money Collected of the Members of this House in such sort as to the Officers thereunto appointed shall be thought fit.

The Officers appointed for the distribution of the Collection are Sir Robert Wroth, Mr. Fettiplace, Mr. Wade, Sir Francis Darcie, Mr. Trevor and Mr. Brown; And that they join with the Officers in like case appointed by the Lords.

Two Bills also had each of them one reading; of which the second being the Bill for Explanation of a certain branch of An Act made in the twenty eighth year of her Majesty touching Recusants, was read the second time, and committed, but no time or place appointed for the meeting.

Mr. Belgrave moved, That whereas an Information hath been Exhibited into the Court of Star Chamber in the name of Mr. Attorney General against him, upon suggestion that he should offer abuse unto this House, humbly prayed that he may be Ordered and censored by this House, if it shall so fall out and seem sit unto this House upon further Examination to be had therein. Vide plus post Meridiem.

Mr. Secretary Cecill declared her Majesties Pleasure to be that her Highness purposeth God willing to Dissolve this Assembly of Parliament to Morrow.

Post Meridiem.

The Bill for the changing of the Sirname of the Wallers into the Sirname of the Debdens was read the second time.

Mr. Serjeant Telverion and Mr. Doctor Hone did bring from the Lords a Bill Intituled An Act for reformation of deceits in Auditors and their Clerks in making untrue particulars. And also they do declare, that whereas the Lords have received some Bills from this House which their Lordships do think to expedite, and shall need perhaps some small Amendments, therefore they do desire that this House may sit somewhat longer than they purposed before, for the final perfecting and consummating of the same.

The Bill for reformation of Deceits in Auditors and their Clerks in making untrue particulars, was read twice, and committed unto M^r Secretary Cecill, Mr. Comptroller, Sir Walter Raleigh and others, who were appointed to consider presently in the Court of Wards upon the said Bill. And after some short space of time and Conference therein had, it was after their return into this House thought meet the said Committees should confer with the Lords therein, and afterwards report the same unto this House.

The Bill touching Brewers, &c. was read the second time and committed to the Burgesses of Southwark.

The Bill touching unlawful sized Bread, and p. 688the Bill touching buyers of Butter and Cheese were each of them read the second time, and committed to the former Committees.

The Bill also against using of false Dice was read the first time.

M^r Attorney General and M^r D^r Hone did bring from the Lords a Bill that before passed this House, intituled An Act touching the draining of certain surrounded Grounds in the Counties of Huntington, Cambridge, Lincoln, Northampton, Suffolk and Norfolk amended, and with some additions of more Counties, viz. Sussex, Essex, Kent and the Bishoprick of Durham.

The Amendments in the Bill touching surrounded Grounds were thrice read, and Ordered upon the question to be inserted into the same, and so the Bill passed.

The draught of an Order touching Mr. Belgrave was once read, and committed to be considered of presently in the Committee Chamber by Sir Edward Stafford, Mr. Henry Mountague, Mr. Brown, Mr. Doyley, Sir Francis Darcie, Sir John Cotton and Sir John Grey.

The Draught of an Order, considered of and brought in by the Committees, was read, and Ordered by the House upon the question to be entred as the Act of the House, viz.

Whereas one George Belgrave in the County of Leicester Esquire, a Member of this House, hath made complaint of an Information exhibited against him into the Court of Star-Chamber pretending an abuse in the highest matters, as are those wich do concern the most Honourable and High Court of Parliament, and hath appealed unto this House for that the Information was filed sedente Curiâ; And whereas the House did refer to the Committees for Returns and Priviledges the Examination of the Cause alledged in the Information, and the substance thereof having been related unto this House; This House thereupon did upon the question again moved and largely debated, pronounce and declare the said George Belgrave to be free in their Judgements from any abuse offered to this House, and that he is not to be molested for any such imputation; And have resolved, that this shall be entred as An Act of this House. Vide de istâ materiâ Dec. 3. Dec. 7. Dec. 8. Dec. 10. & Dec. 11. antea.

The Bill to restrain Butchers in and about the City of London from buying, &c. And the Bill touching Practitioners in Physick were each of them read the second time and committed as afore to the former Committees for Brewers.

The Bill touching the shipping of Coals near Newcastle was read the second time, and committed with the rest to the former Committees, but no mention of time or place.

The Bill for redress of abuses in taking of Pawns and the appointing of a Lumbard was read the second time and committed as abovesaid.

To Morrow at eight of the Clock in the Morning those that were nominated by this House to distribute the Money collected for the relief of the Poor, and likewise those appointed by the Lords, are appointed to be at the Sessions House in the Old Bayly to take Order for the said distribution.

Upon a motion made by Mr. Fettiplace, the names of such as have not paid towards the relief of the Poor and maimed Souldiers were read, which were about forty four.

On Friday the 18^th day of December, as the Speaker was coming to the House in the Morning, the Pardon was delivered unto him, which he took and delivered unto the House, which they sent back again because it was not brought according to course.

The Collection for the Clerk of twelve pence a piece according to Mr. Wingfield's motion yesterday, was made and amounted to about twenty five pound.

Mr. Bowyer Secretary to the Lord Treasurer sitting in the Middle of the House on the left side as you come in next to Mr. Skipwith of Lincolns Inn, swooned upon a suddain and was again recovered within a quarter of an hour. It was said he had a spice of the Falling Sickness. He was carried forth of the House by the Serjeant of the same, and three of his men into the outer Room. It was strange to hear the diversity of opinions touching this accident, some saying it was Malum omen, others that it was Bonum omen, &c. But as God will, so be it.

Thus far of this days passages out of private Journals: some other business of this day doth now follow out of the Original Journal-Book of the House of Commons it self, viz.

Mr. Attorney General and Mr. Doctor Stanhop did bring from the Lords unto this House two Acts, one Intituled An Act of the Queens Majesties most gracious general and free Pardon, and another Act for the granting of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty before passed in this House.

Mr. Secretary Cecill made Report of the meeting and travel of the Committees in the Bill that came from the Lords Yesterday, Intituled An Act for reformation of deceits in Auditors and their Clerks in making untrue particulars; and that for the errors in the form of digestion of the same, it is thought not fit in the opinion of the Committees to be any further dealt in at this time, and so resolved of in the Conference had with the Lords.

M^r Hackwell made a Motion that the Speaker might say something touching the transportation of Ordnance, that seeing the Bill in the Lower House is fallen into an everlasting sleep, and that we knew not thereof before this day, he could not be blamed for that which he could not have spoken before this time; but nothing was replied or done.

The Subsidy of the Clergy was sent in a Roll according to the usual Acts, to which Sir Edward Hobbie took Exceptions, because it was not sent in a long Skin of Parchment under the Queens Hand and Seal. So it was sent back again, and then the other sent.

p. 689On Saturday the 19^th day of December about nine of the Clock the House came together, this day being appointed to be the last day of the Parliament.

M^r Speaker moved the House to know their Pleasures if they should Adjourn the House till one of the Clock, which was assented unto: yet as they were rising,

M^r Herbert Croft said, M^r Speaker, though perhaps my Motion may seem unseasonable at this present, yet I beseech the House consider with me a Speech made Yesterday that consisted of four parts, the scope whereof (it being M^r Hackwell's Speech) layes open the dangerous mischiefs that come by transportation of Ordnance, and that due reformation thereof may be had for restraint of private transporting; I would only put the House in mind, and you also M^r Speaker, that the Gentleman which Yesterday moved it, desired that M^r Speaker might say something thereof to her Majesty in his Speech to be inserted. Which I do again desire the more earnestly, because our Bill is fallen (as he said) into an Everlasting sleep, and we have now no remedy but by her Majesty.

M^r Speaker said, If it please you, upon the Motion of the Gentleman made Yesterday, I mean to say something therein, both for your satisfaction and performance of my duty; And therefore this matter shall need no further to be moved. With which the House rested well satisfied, and so arose. But it is to be noted, that the Speaker said not one word in his Speech to her Majesty touching that matter, which was greatly murmured at and spoken against amongst the Burgesses that the House should be so abused, and that nothing was done therein.

Post Meridiem.

An Act of the Queens Majesties most gracious, general and free Pardon, was sent up to the Lords by M^r Secretary Herbert.

The sending up of this Bill of the general Pardon being thus transcribed out of the Original Journal-Book of the House of Commons, the rest of this Afternoons Passages, as also the Conclusion of the Parliament do now follow.

About one of the Clock divers Gentlemen met together at the House, whither the Speaker came, and after the Privy-Council: where sitting till past two of the Clock they went to the Upper House, and stayed there at the Gallery Door above half an hour, and at length the Door was opened; and the Lords of the Upper House being all set, and her Majesty under a rich Cloth of State, the Speaker went to the usual place at the Bar, where after three Reverences made, and the like done in their times by all the Commons, the said Speaker amongst other things in his Speech presented her Majesty in the name of the said House with the Gifts of four Subsidies and eight Fifteenths and Tenths (although he somewhat mistook the manner of it in the delivery) Unto which the Lord Keeper having Answered in her Majesties name with thanks, Dissolved the Parliament, after her Majesty had given her Royal Assent unto nineteen publick Acts and ten private.

FINIS.

An Alphabetical TABLE Directing to the principal matters contained in the JOURNAL OF THE House of LORDS.

A.

ABsence of a Peer to be with licence from the Prince (whereas of a Commoner, from that House only.) p. 539. 543. The reason of absence ought to be signified to the House by one of the Peers, and not by other Information.

p. 605

Acts how passed by the Sovereign. p. 35. Acts of Grace how. ibid. How Acts are transcribed and certified into the Rolls. ibid. All the Acts at one Session passed by the Lord Chief Justice by vertue of Letters Patents from the Queen.

p. 389

Addition, Vide Amendment. Adjourn, why the Lords commonly adjourn for several dayes at the beginning of a Session. p. 270. The form of Letters Patents to certain Lords to adjourn the Parliament. p. 317. The Sovercign may adjourn the Parliament, as well as the Parliament adjourn it self. p. 318. An Adjournment maketh no new Session as a Prorogation doth. ibid. The Parliament adjourned by the Queens Commissioners, without a particular Commission.

p. 382

Amendments of Bills by the Lords sent from the Commons, how made. p. 20. They use to be written in paper. ibid. and p. 26. When a Bill has once passed the Lords and is sent down to the Commons, if these make additions or amendments thereof, the Lords upon the return of the Bill read them only, and not the Bill it self. p. 271. The Lords having ingrossed Amendments to a certain Bill in parchment, the Commons will not allow of them, but return the Bill with the Amendments, to have these writ in paper. p. 534 A Bill sent from the Commons, receiving Amendments and Additions in the House of Lords, the Orders of this House will not permit that the Lords should consent to any alterations of such Amendments or Additions, by the Commons. p. 537. If one Committee differ from the rest in some Amendments of a Bill, he may give his reasons of such dissent to the House, when the Bill is brought in again. p. 603. An Amendment of a Proviso (added to a Bill in the Upper House) agreed upon by the Committees of both Houses at a Conference, it is consented unto by the whole Upper House that the Amendment shall be made in the House of Commons, and be sent up in paper to the Lords to be by them inserted in the Proviso.

p. 616

Answers by the Lord Keeper given unto Messages sent from the House of Commons, use to be given by him sitting with his Hat on, and all the Lords keeping their places.

p. 439, 440

Apparel, a Bill against buying it without ready money, save by men of such a degree. p. 69, 70. A Bill to avoid excess in it. p. 112. dashed. p. 134. Another for not buying wares sold for Apparel without ready money, dashed. p. 188. Another Bill for reformation of excess in Apparel. p. 228. another for the same p. 424. another having passed the Commons, is rejected by the Lords, and why.

p. 594

Arch-bishops, a Bill declaring the manner of making and consecrating of them and other Bishops to be good. p. 108. 110. Arch-bishop of Canterbury the first Peer of the Realm.

p. 140

Assistants, Vide Committees. Attach, No Peer to be Attached during the Sessions of Parliament. p. 203. nor any of their Menial Servants committed to Prison. p. 314. 323. 530, &c. but other of their servants may. p. 315. two committed close Prisoners to the Fleet for arresting a Servant of the Lord Chandois. p. 530. another also for arresting the Arch-bishop of Canterbury's Servant. p. 532. on what conditions they have their enlargement. p. 533. A question moved, whether an ordinary servant of the Queens, being no Parliament-man, be priviledged from being attached in the time of Parliament. p. 603, 604, 606. When a servant of a Peer is committed to Prison upon Execution, resolved that he shall be brought to the House, not by issuing out a Writ of priviledge of Parliament to the Sheriff, but by immediate order from the House to the Gentleman Usher or Serjeant at Arms. p. 605. but the contrary resolved upon search of Precedents, and the Lord Keeper to make out the Writ.

p. 608

Queens Attorney made a Joint-Committee with the Lords.

p. 142

Award: Ordered that if the parties at variance will not enter into such Bond as is appointed by the House, to stand to the Award of such Lords as the matter is reserr'd to, they shall be committed to Prison.

p. 618

B.

BAbington's Conspiracy, 28 Eliz. a Parliament called thereupon.

p. 375

Bacon (Sir Nicholas) made Lord Keeper 1 Eliz. p. 1. his Speech to the first Parliament of the Queen in an. 1. of her Reign. p. 11. His Speech to the Speaker of the House of Commons (in the same Parliament) at his admission. p. 15. and his Reply to the Speakers disabling himself, and to his Petitions. p. 16. His Reply to the Speaker's Speech at the end of this Session. p. 31, 32, 33. His Speech to the Parliament 5 Eliz. p. 59. at the end of the Session. p. 75. and so at the beginning and end of each Session, (during his life) till 23 Eliz. when he was succeeded by Sir Thomas Bromley.

p. 226

Baron, Lord Chief Baron, who is but an Assistant to the Upper House, made a Committee.

p. 108, 109

Belgrave (a Member of Parliament) his Case, against whom was preferred a Bill in the Star-Chamber for a misdemeanour against a Peer.

p. 612

Bills usually not spoken to upon the first reading. p. 17. Precedents of the contrary. ibid. When a Bill has past one House, it is seldom Committed or Ordered to be Ingrossed by the other, and why. ibid. and p. 19, 20. 147, 148. 326. sometimes Committed upon the first reading: Precedents thereof. p. 17, 18, 69. sometimes neither Committed nor Ingrossed either upon the first or second reading. p. 111. the manner of delivering a Bill from the House of Lords to the House of Commons. p. 19. the manner of passing of a Bill. ibid. Bills of Grace seldom Committed nor Ingrossed, and why. p. 20. sometimes have but one reading. p. 73. 91. 464. how passed into Acts. p. 116. Bills sometimes (in Queen Elizabeths time) not ingrossed till the day after the second reading, but now always on the same day. p. 26, 27. The manner of giving the Royal Assent unto such Bills as are passed into Acts, and of disallowing those that are not. p. 35. 76. 116. A Bill is sometimes rejected after it has passed the third reading. p. 271. A Bill passed by the Lords and rejected by the Commons, the Lords expect an account of the reasons of such rejection. p. 272, 273. Bills of general pardon, and of Subsidies, not passed into Acts like other Bills. p. 274. 328. When Bills are sent up from the Commons, the Lord Keeper and the rest of the Lords are to arise from their places, and to go down to the Bar to receive them.

p. 439, 440

Bishops are commanded to reform abuses in Religion. p. 345. Why their names are placed on the dexter side of the Journal of the Upper House. p. 422. Vide Popish, and Arch-bishop.

Bloud, Vide Restitution in Bloud.

Bromley (Sir Thomas) made Lord Chancellor 22 Eliz. p. 226. he died in April 29 Eliz.

p. 419

Lord Burleigh his place in Parliament.

p. 543.

C.

CAnterbury, Vide Arch-bishop.

Chancellor, a Bill declaring his Authority and that of the Lord Keeper to be all one.

p. 70.

Letters Patents to the Lord Chief Justice to supply his place when absent.

p. 143

A Bill that Chancellors, Commissaries, &c. shall be Graduates in one University.

p. 72

Clergy, Vide Subsidy.

Coaches, a Bill to restrain the excessive use of them within this Realm, in 43 Eliz.

p. 602.

Collection of money for the poor usually made towards the end of a Parliament.

p. 616.

Commissions to certain Lords to Prorogue the Parliament. p. 77. 93, 94. 274. Verbal Commission to the Lord Treasurer to supply the Lord Keepers place. p. 99. A Commission in writing to the Lord Chief Justice to the same purpose. p. 102. (383.) a revocation of the same. p. 108. A Commission 35. Lords, or any three of them, to dissolve the Parliament. p. 275. the like. p. 329. and 389. A Commission to three Lords to supply the Queens place in the Parliament. 28 & 29 Eliz. p. 377. These Lords are stiled Lords Lieutenants. p. 378. The Parliament cannot be dissolved without a Commission, unless the Sovereign be present to give the command to the Lord Keeper, &c.

p. 547.

Committees, the Judges, Queen's Serjeants, Baron, &c. made Joint-Committees with the Lords, vide Judges, Serjeant, Baron, &c. An Order of the House, that a Committee who disallows the Amendments of a Bill, or something in the body of the Bill it self, may give his reasons to the House when the Bill is brought in again. p. 603. A Bill may be delivered to the eldest or youngest Baron of a Committee, or indifferently to any of them. p. 607. 610. Two Committees for two several Bills, made one Committee for both Bills.

p. 607

Common Prayer, vide Uniformity.

Conference to be had, before a Bill passed either House, be rejected by the other. p. 272, 273. 388. Vide the Table to the Journal of the House of Commons.

Contribution of two shillings in the pound made by the Lords towards the Queens extraordinary charge in defence of the Realm. p. 387. Contribution made by them for relief of such poor Souldiers as went begging in the Streets of London. p. 462. An Order that such Lords as were absent the whole Session should pay double to what others did, who constantly attended the service of the House; and those that came but seldom to the House, a third part more.

p. 463, 464

Convocation-days, the House of Lords either sit not, or do little business on them.

p. 67

Crown, a Bill restoring to it the ancient jurisdiction over the State Ecclesiastical and Spiritual, &c.

p. 28

D.

ABill for Denization of Peregrine Berty and Katharine Dutchess of Suffolk his Wife. p. 145. of William Watson.

p. 148

Dissolve, vide Commissions.

Doctors of the Civil Law, made Joint-Committees with the Lords.

p. 145

E.

EGerton (Sir Thomas) made Lord Keeper 38 Eliz. p. 522. His Speech to the Parliament 39 and 40 Eliz.

p. 524.

Q. Elizabeth enter'd on the Government Nov. 17. ann. Dom. 1558. p. 1. and within nine weeks summons a Parliament, viz. Jan 23. ibid. A Bill in that Parliament to make her inherit able to the late Q. Anne her Mother. p. 19. she is averse from declaring a Successor. p. 107. 127, 128. Her sharp Speech to the Parliament (in ann. 8 and 9.) for their Petition to that purpose. p. 116. She remitteth the third payment of a Subsidy, to take the Parliament off from urging her to declare a Successor. p. 131. Her Pious Speech at the end of the Session 27. of her Reign. p. 328. In the Parliament 28 and 29 of her Reign (called upon the discovery of Babingtons conspiracy) she appeared not in person, but gave Commission to three Lords to supply her place, with the title of Lords Lieutenants. p. 377, 378. Both Houses petition her to execute the sentence upon Mary Queen of Scots, with her Answer thereto. p. 380, 381, 382. Her Speech at the end of the Parliament in 35 of her Reign. p. 466. Her great success against the Spaniard set forth in a Speech by the Lord Keeper. p. 599. Jewels given to her Physicians to poyson her.

p. 599

G.

GArgrave (Sir Thomas) chosen Speaker to the Commons in the Parliament holden 1 Eliz. p. 15. (and 40.) The manner of his disabling himself to the House first, and then to the Queen. ibid. His Petitions of course on behalf of the House of Commons. p. 16. His Speech at the conclusion of the Session.

p. 31

Gavelkind what, and in what places it obtaineth. p. 272. A Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom.

p. 533

Gentleman-Usher of the House claims right to bring such persons before the Upper House as are accused of breach of priviledge, and sayes it does not belong to the Serjeant at Arms. p. 603. He is sent for an ordinary servant of the Queens committed to the Fleet for debt upon Execution, and for him that arrested him. p. 605. 607. This not to injure the Serjeant at Arms in his pretensions to that office.

p. 607

Grace, Vide Bills and Acts.

H.

HAtton (Sir Christopher) made Chancellor 29 Eliz. upon the death of Sir Thomas Bromley.

p. 419

Herald at Arms in ordinary to the Queen not to have priviledge from Arrest, on account of the Session of Parliament.

p. 608. 611

Hexamshire, a Bill to annex it to the County of Northumberland, and its Ecclesiastical Jurisdiction to the Bishoprick of Durham (8 & 9 Eliz.) p. 103. but not passed into an Act till 14 Eliz.

p. 200

Horses, a Bill against conveying them into Scotland 1 Eliz. being a revival of an Act made 23 H. 8.

p. 21, 22

Lord Hunsdon's place in Parliament between the Lord Chandois and the Lord S^t John of Bletso.

p. 530. 543

I.

INgrossing of a Bill, what. p. 18. Vide Bills. Injunctions to stop proceeding at Law in Parliament time.

p. 21

Judges (who are but assistants to the Upper House) made Joint Committees with the Lords. p. 67. 71. 99. and so in every Parliament till 39, 40 Eliz. p. 142. 527. but only to consider of some ordinary Bill, and which concerned matter of Law; for they were never of such Committees as were to have Conference with the Commons, p. 423. They have leave from the Lord Chancellor or Keeper to sit covered in the House, but are always uncovered at a Committee.

p. 527

K.

KEeper, vide Chancellor. Kentish-Street in Southwark, a Bill for the paving of it, 8 and 9 Eliz.

p. 112

L.

THE River Lee, a Bill to bring it to the North-side of London (13 Eliz.)

p. 150

Low-Country Wars, a voluntary contribution of both Houses towards the maintaining of them.

p. 387

M.

MArry (see the word in the Table to the Journal of the House of Commons) the Queen Petition'd by the House of Lords to marry, with her Answer. p. 105. 107. The advice and consent of the Parliament often required for the marrying of the Kings of England.

p. 117, 119.

Earl Marshal his place in Parliament is betwixt the Lord Chamberlain and the Lord Steward.

p. 535

Queen Mary died Nov. 17. 1558. in the sixth year of her Reign.

p. 1

Mary Queen of Scots, Vide the Table to the Commons Journal.

Mason (Anthony) Esq Clerk of the Upper House 13 Eliz. p. 137. He is succeeded by Thomas Smith Esquire, in the Parliament 39 & 40 Eliz.

p. 522

Melcomb Regis, Vide Weymouth.

Messages sent from the House of Commons to the Upper House, are received by the Lord Keeper and the rest of the Lords at the Bar, whither they are to go and meet those that come from the Commons.

p. 539, 540

Mises not to be paid by the Shires of Wales and County Palatine of Chester when Subsidies are paid, nor the contrary.

p. 20

Monopolies Petition'd against in 39 & 40 Eliz. which the Queen judges an invasion of her Prerogative.

ibid.

N.

A Bill of Naturalization of Gerson Wroth a German. p. 22. of William Sidney and his Wife, and of Sir John Wingfield and his Lady. p. 462. of Justice Dormer and George Sheppy. p. 464. of Samuel Saltingstal.

p. 488

Newgate, the Keeper of it committed to the Fleet for not obeying an Order of the Lords for the bringing of one that was Prisoner there upon Execution and was Servant to a Peer.

p. 608

Duke of Norfolk, a Bill for the confirmation of his marriage with the Lady Margaret his Wife (1 Eliz) p. 22. and for the assurance of certain Lands for her Jointure.

p. 25

Earl of Nottingham his place in Parliament betwixt the Earl of Lincoln and Lord Viscount Bindon.

p. 543

O.

OBjections against a Bill by the Lords denied to be given in writing to the Commons till Conference first had.

p. 536

Onslow (Richard) chosen Speaker in the Parliament held 8, & 9 Eliz. his Speeches to the Queen at his Confirmation. p. 97, 98. at the Dissolution of that Parliament.

p. 114, 115

P.

THE Painters having presented a Bill against the Plaisterers which passed not the Upper House, it is Ordered by that House, that their complaint shall be heard and adjudged by the Lord Mayor, Recorder, &c.

p. 617

Pardon, Vide Bills.

Parliament, which is the first and last day thereof, or of a particular Session. p. 9. The manner of the Sovereign and Peers sitting in Parliament. p. 10. 59. 96. the manner of setting down the presence of the Peers in the Journal Book.

p. 62

Passing of Bills, Vide Bills.

Patents of priviledge petition'd against in the Parliament 39 & 40 Eliz. which the Queen construes to be a violation of her Prerogative.

p. 547

Peers to be of age before they sit in the House. p. 11. 96. how attired. p. 11. Vide Parliament.

Popish Bishops suffered to sit in the Parliament 1 Eliz. but turn'd out of their Sees at the end of the Session. p. 23. How they opposed divers Bills. ibid. and p. 28. 30. a dispute betwixt them and some English men come from Geneva.

p. 53

Presence of the Peers how marked.

p. 62, & 111.

Priviledge, Vide Attach.

The solemn Procession of the Queen and House of Lords at the opening of the Parliament 5 Eliz. p. 58. and 13 Eliz.

p. 136

Prorogation, Vide Writ. The Sovereign after a Prorogation comes not to the Parliament with that solemnity, as is usual at the first meeting. p. 95. After the end of a Prorogation a new Session beginneth.

p. 318

Provisoes when added by the Lords unto Bills sent up to them from the Commons, are written in Parchment.

p. 26

Proxie, the form of the Licence from the Queen to a Peer to make one. p. 3. a Peer (ordinarily) does not make one without such licence. p. 270. The form of making a Proxy, and entring it in the Journal-Book. p. 4. and 8. The nature and use of a Proxy, and the form of returning them. p. 5. What an absent Peer used to forfeit, if he constituted no Proxy. p. 6. The form of making a Proxy without licence from the Sovereign. ibid. The form of revoking a Proxy. p. 7. How many Proxies one Peer is capable of receiving. p. 8, 9. 58. 101. 196. 598. (where (as also p. 314.) is mentioned an Order of the Lords 2 Car. 1. that from thenceforth no Lord should be capable of above two Proxies.) A Commoner can constitute no Proxy, and why. p. 9. A spiritual Lord does not now appoint a Temporal Lord for his Proxy (nor on the contrary) but formerly they did. p. 58. 378. A Temporal Lord usually constitutes but one Proxy, and a Spiritual two. p. 101. Yet a Spiritual Lord sometimes appoints but one, sometimes three. p. 196. 460, 461. and also a Temporal sometimes two. ibid. Proxies are appointed after a Prorogation, as well as at the beginning of a Parliament. p. 268. They may be delivered into the hands of the Clerk as well before the Parliament begin, as after. p. 311. Why Bishops Proxies are entred before those of, the Temporal Lords. p. 523. 598. In the former part of the Queens Reign they were entred in the Journal Book with express mention of the several dayes on which they were returned; but in the latter part thereof and since, only generally.

p. 597

Serjeant Puckering, Lord Keeper in 35 Eliz. p. 456. His Speech to the Parliament held that year. p. 457, 458. He dies in 38 Eliz. Anno Domini 1596.

p. 522

R.

REading, Vide Bills.

Receivors and Tryors of Petitions in the House of Lords, the manner of entring them in the Journal Book.

p. 14, 15

A Bill for Recognition of the Queens Title to the Crown of England.

p. 18

Restitution in bloud of Sir James Crost, a Bill for it. p. 21. of Sir Henry Gate. ibid. of John Lord Grey. ibid. of Robert Rudston. ibid. of Henry Howard. p. 22. of the Sons and Daughters of Edward Lewkenor. p. 25. of Katherine Wife to the Lord Berkely, and of her Sisters. p. 27. 54, 55. of Gregory Fynes. ibid. of Lord Dacres of the South. p. 55. of Ann Thomas, Thomas Isely, Thomas Diggs, Thomas Brook, William Cromer, Cutbert Vaughan, &c. p. 68. of Arch-bishop Cranmer's and Lord Husseys Children. p. 69. of Sir Ralph Chamberlain, John Harleston, and William West, ibid. and p. 70. of Sir Peter Carew and Edward Turner. p. 70. of Sir Thomas Wyats Children. p. 146. of Henry Brereton Esq p. 147. of John Lord Stourton, his Brothers and Sisters. p. 230. (Vid. p. 261, 262.) the Bills dashed. p. 264, 265. of Henry Lord Norris of Ricaut. p. 231. of Anthony Mayney. ibid. and 273. of Thomas Howard Son of Thomas Howard Duke of Norfolk. p. 317. of Sir Thomas Parrot.

p. 510

S.

A Saving requisite in every Bill.

p. 464

Queens Serjeants though but Attendants on the House, made Committees. p. 99. 108. Though they are to attend upon the Upper House as Councellors, yet they have no voice there, but may in the House of Commons, if Members thereof.

p. 249

Serjeant at Arms whether to be employed to take into custody those that are accused of breach of priviledge of the Upper House, or whether the Gentleman Usher. p. 603. He is ordered to bring before the House a Lords Servant committed upon an Arrest to Newgate, as also him that Arrested him, for breach of Priviledge. p. 607. This not to injure the Gentleman Usher's pretensions to that right.

ibid.

Under-Sheriff of Surrey committed to Prison for aiding the Arrest of an ordinary Servant of the Queen in Parliament time.

p. 606

Thomas Smith Esq made Clerk of the House of Lords 39 Eliz.

p. 522

Queens Solicitour made a Joint-Committee with the Lords. p. 142. Being chosen a Member of the House of Commons, he is demanded of them to attend there, but denied by the Lords.

p. 424

Spain's design against England set out in a Speech by the Lord Keeper. p. 599. See the word in the Table to the Journal to the House of Commons.

Spilman (Francis) Clerk of the House of Lords in the Parliament 1 Eliz. p. 14. continued in that place in the Parliaments held 5 Eliz. and 8 & 9 Eliz. but in 13 Eliz. succeeded by Anthony Mason.

p. 136

Spiritual Lords, why their Names are set down in the Journal Book before those of the Temporal.

p. 598

Star-Chamber dayes, the Lords seldom sate on them.

p. 67

Bills of Subsidy sent from the Commons seldom alter'd by the Lords. p. 69. Subsidies granted by the Clergy always ingrossed in Latin, but the confirmation thereof in Parliament is in English. p. 229. The Subsidy of the Clergy should be sent to the Commons in a Skin of Parchment under the Sovereigns band and seal. p. 688. The body of the Grant of the Subsidies of the Clergy is but once read in the House, but the preface and confirmation of it, thrice. p. 615. Bills of Subsidy how passed into Acts. p. 274. Three Subsidies not granted at once before 35 Eliz. and then with a Proviso, that it should not be drawn into a Precedent: yet the like number were granted the next Parliament, viz. 39, & 40 Eliz. and four in the next after that, viz. 43 Eliz.

p. 547. 615

Succession to the Crown, how many pretended to it in Queen Elizabeths time.

p. 104

Successor, the Queen Petition'd to declare her Successor.

p. 105

Summon, Vide Writ.

Sunday, a Bill (in 43 Eliz.) that Fairs or Markets shall not be holden thereon.

p. 613

Supremacy, a Bill for restoring it to the Imperial Crown of this Realm, and repealing divers Statutes to the contrary, 1 Eliz. p. 21. 23. Many proofs that in the darkest times of Popery the Kings of England did judge it to belong to them.

p. 24

T.

TOnnage and Poundage, a Bill for them I Eliz.

p. 19

Trinity Hall in Cambridge, a Bill for the Incorporation of it.

p. 22

Tryors of Petitions, Vide Receivors.

U.

VAcat, what the word means when set before the entrance of the return of a Proxy.

p. 7

A Bill for Uniformity of Common Prayer, &c. passed (1 Eliz.) though opposed by several.

p. 30

Universities, A Bill for the Incorporation of them (13 Eliz.)

p. 149

Voices affirmative and negative when equal in number, the negative carry it.

p. 605

Usher, Vide Gentleman Usher.

W.

LOrd de la Ware his Case, p. 526. his place in Parliament is determined to be between the Lord Willoughby of Eresby and the Lord Berkeley.

p. 528

Warrant, the form of one to the Lord Chancellor (or Keeper) to issue out Writs for Summoning a Parliament.

p. 2

Weymouth and Melcomb Regis, a Bill for the uniting of them into one Corporation (13 Eliz.)

p. 149

Williams (Tho.) Speaker in the House of Commons (5 Eliz.) his Speeches to the Queen at his confirmation. p. 63, 64. at the ending of the Session. p. 74. he died before the Session of the same Parliament 8 & 9 Eliz.

p. 95

Writ, the form of the Writ whereby a Peer is Summoned to Parliament, with its differences in regard of the Temporal and Spiritual Lords. p. 2. The Writ for Proroguing the Parliament.

p. 3. 57. 77. 93. 419.