The Journals of Parliaments, Journal 26 (2 of 2)
I will shew you further what besides this he hath done, and how Eagle-eyed he is continually over us; To resist the Turks attempts, he hath sent Ten thousand Men; To the Low-Countries nine thousand; In an Enterprize of his own against the Turk he hath sent ..... which being dispatched, those Souldiers shall return against the next Spring and second these four thousand men. Now in the Enterprize for Ireland, to resist those attempts in being, and the ensuing Provisions against us, let us consider the certainty of our Estate in Ireland; We have there an Army, and nothing but an Army, fed even out of England, with what charge it brings to the Queen, what trouble to the Subject, what danger it is to them there left if the provision should fail, what hurt to the Common-Wealth by making things at a higher rate than otherwise they would be, I refer it to your Wisdoms to imagine. Over this, I assure you, it is beyond all Precedent and conjecture, his presence and cause of War there, is to defend the Catholick Cause, I mean, to tear her Majesties Subjects from her; for I may say she hath no Catholick obedient Subject there, because she standeth Excommunicate at this present by force of two Bulls of this Popes, by which the Subjects are absolved of their obedience. That you do only remember you do it pro aris & focis; Yea we do it for a Prince that desireth not to draw any thing extraordinary out of the Coffers of her Subjects. She selleth her Land to defend us, she supporteth all the Neighbouring Princes to gain their amities and establish our long Peace; Not these five, or seven, or ten years, but forty three Years for all our Prosperities. I hope I shall not see her Funeral upon which may be written, Hîc solùm restat victrix Orientis. And I pray God I may not. What we freely give unto her, she living bestows it to our Good, and dying doubtless will leave it for our profit. Thus have I out of mine own genius for mine own part delivered unto you what I know. And touching that I have spoken in performing your Commandment, I will take no thanks from you for my pains, for no man cares with less affection to speak in this Assembly, or desireth to gratifie any particular Member of this House more than my self.
Mr. George Moore moved, that whereas the Lord Keepers Oration was, that the greatest matters should be handled in the beginning of the Parliament, a Committee might be chosen to certifie the House what those matters were, that Order might be taken accordingly.
Thus far out of the aforesaid private Journal of the House of Commons. The Committees names who were appointed upon the aforesaid Motion of Mr. George Moore to consider what those weighty matters were, which had likewise in part been touched in Mr. Secretary Cecills Speech immediately foregoing, do now also follow out of the Original Book it self, which were these, All the Privy-Council being Members of this House, the Knights of the Shires, the Barons of the Cinque Ports, the Knights and Citizens for London and York, Sir Thomas Egerton, Mr. Sollicitor, Sir Edward Stanhop, Mr. Serjeant Heile, Mr. Serjeant Harris, Mr. Henry Brunker, Mr. Glastock, Mr. Leonard, Sir William Harvy, Mr. Henry Hubberd, Sir William Strowde, the Burgesses of Totnesse, Mr. Hide, Mr. Winch, Sir Richard Knightly, Sir Richard Hampden, My Lord Howard of Effingham, Sir Francis Darcy, Sir Robert Crosse, Mr. Tyne, The Citizens for Norwich, Mr. Francis Bacon, Sir Edward Hobbie, Mr. Doctor Caesar, Mr. Newdigate, Mr. Philipps, Mr. Robert Wingfield, Mr. Maynard, The Citizens for Bristoll, Sir Matthew Brown, Mr. Jones for Hereford, Mr. Francis Moore, Mr. Mountague, Sir Moile Finch, Mr. Edward Barker, Sir John Egerton, Mr. Boice, Mr. Lake, Mr. Cope and Mr. Richard Warberton, who were appointed to meet in this House upon Saturday next at two of the Clock in the Afternoon. Vide December 5. Saturday postea.
On Wednesday the 4th day of November, the Bill for the better keeping of the Sabbath day, was upon the second reading committed unto Sir George Moore, Sir William Wray and divers others, who were appointed to meet this Afternoon in the Middle-Temple Hall at two of the Clock.
Thus far out of the Original Journal-Book of the House of Commons, the rest that follows touching the Election of Sir Andrew Nowell to be one of the Knights for Rutlandshire, being at the same time Sheriff of the said County, being but briefly and imperfectly set down, is therefore supplied out of the said private Journal of the House of Commons.
Mr. Serjeant Harris moved the House, that in respect great danger and inconvenience might grow by the want of any one particular Member of this House, Therefore he thought good to certifie the want of a Knight for Rutlandshire; For he said, that Sir Andrew Nowell being Sheriff of the County had returned himself jointly with Sir John Harrington to be Knight, which he took in Law to be a void Return, because it is against the express words of the Writ, which are, Ita quod ne que tu ne que aliquis alius Vicecomes alterius Comitatus eligatur, &c. which he thought good to move the House in referring it to their considerations; And prayeth that the Record may be sent for from the Clerk of the Crown; for saith he, we know in Law, that a man cannot make an Indenture to himself and the County, for there are required two persons.
To which Sir Edward Hobbie replied, that notwithstanding this, the House might well receive him. And he vouched a Precedent in the 31th of this Queen, when a Writ was directed to the Bayliffs of Southwark to return Burgesses, and they returned themselves and were received. But if we do not receive him, another question will grow, Whether a new Warrant must go from the Speaker to Elect a new Knight, or from the Clerk of the Crown. To which it was agreed per omnes, that from the Speaker.
Then Mr. Wiseman of Lincolns-Inn stood up and shewed the necessity of having all our Members, because otherwise the Body is but maimed; as also how dangerous a Precedent this would be if it might pass with the Applause of this House; And lastly, the reason of putting in the aforesaid special words in the Writ, because it must be necessarily intended, that they being so great Officers, having so great a charge, and their presence in their Countries so requisite, should not be returned. Besides, for that time they be the chief men of the Shire, Freeholders peradventure for favour sake would rather chuse him than men far more sufficient for that place.
Mr. Carey moved, whether if it were with his will, he should be punished by Fine or otherwise.
Sir John Harrington said, of his own knowledge he knew him to be very unwilling: But the Freeholders made Answer they would have none other.
Mr. Speaker said, it could not be intended against his will, for his hand is to the Indenture; but he moved whether it should be intended that this Sir Anthony Nowell were una & eadem persona, or no; And though it were, yet whether they could take notice thereof, not being certified out of the Chancery. To which all the House said, there was no other of the name.
Then Mr. Comptroller stood up and moved, that in respect the Return was joint, and that they did disallow Sir Anthony Nowell, he desired to be resolved of the Learned Masters of the Law in this House, whether all the Return were insufficient, and so Sir John Harrington to be excluded. To which all the whole House said No.
Mr. Serjeant Harris said No, because the said Warrant is affirmative to chuse any but the Sheriff, who is excepted by special words; so that the Return of the other is warranted, but that of himself is void.
Sir Edward Hobbie Answered and said, nay then Mr. Serjeant, if you stand on that, I think there are few Knights in this House lawfully chosen, for the words of the Writ and Statute are, that he must be Commorant within the County, which but few are. To which not one word was Answered. And that Clause was hushed up.
Mr. Speaker said, Well, I will put it to the question, which shall be twofold, one whether the Return be void, the other whether a new Warrant shall be sent forth. To which being twice moved, all cryed I, I, I; not one man said No.
Sir Edward Hobbie said, Mr. Speaker the Warrant must go from your self, for in the twenty seventh Year of this Queen, when Parrie was Burgess for Queenborough a new Election was made, and the Warrant was sent from the Speaker.
Nota, That this resolution of the House is directly contrary to a former Precedent agreed on in the House of Commons upon Friday the 21th day of February in the Parliament de An. xxxio Regin. Eliz. Anno Dom. 1588, 1589. where Mr. St Poole being both Knight for the County of Lincoln and Sheriff of the same also, was notwithstanding allowed to retain his place in the said House as a Member thereof, and had only Licence given unto him to depart into the said County about the business of his said Sheriffwick, in no other form or manner than is vouchsafed of course to the Members of the said House upon any urgent occasions by them alledged, requiring their absence for some time, be it longer or shorter. Where other Precedents also to this purpose are vouched, and yet perhaps both the said Precedents may stand good and be reconciled, with this difference, that where any man is first Sheriff of some County and then Elected a Knight of the same, or a Citizen, Burgess or Baron of any City, Borough or Cinque-Port of the same, that in this Case his Election is void, because it must of necessity follow, as in this Case of Sir Andrew Nowell it did, that he must return himself, which cannot be good in Law. But where a man is first Elected a Member of the House of Commons, be it Knight, Citizen, Burgess or Baron, and is afterwards made Sheriff of some County, here his first Election standeth good, as it should seem also it doth, although he may be first made a Sheriff of some County, and be afterwards Elected a Knight, Citizen, Burgess or Baron of and in some other Shire or County. And the reason of all is plain, in respect, that in all these latter Cases his Return cannot be made by himself, but by the Sheriff of the County where he is Chosen. This only holds good in the Case of Knight of the Shire.
The Bill for Explanation of such Statutes as touch Leases to be made by Archbishops and Bishops, was read the second time and rejected, after Mr. Boise had spoken to it as followeth.
To which only Mr. Boise stood up and said, that this Act would be prejudicial to the Bishop present and the Successor, to their Servants and to the Bishops own Farmers and Tenants; To the Bishop present, in the maintenance of his Estate which cometh only by continual Fines, which if they be taken away, then are they not able to maintain that Hospitality, and keep that retinue either belonging to their place or answerable to their living. For consider the Revenue of the greatest Bithoprick in England, it is but two thousand two hundred pounds, whereof he payeth for Annual Subsidies to the Queen five hundred pounds. And what damage we shall do both to him and his Successor herein, his Revenue being so beneficial to her Majesty, I refer to all your Judgments.
To the Successor it must needs be more hurtful; For when he first cometh in, he payeth First-Fruits, and yet is not allowed to make his benefit by Fines, which all Bishops Farmers are content to do, so that he is cast one whole Annual value behind hand, and perhaps hath no power neither to make Leases in twelve or sixteen Years. This, Mr. Speaker, will induce the Ministers of the Word not to seek Bishopricks, whereby we may bring the Clergy both to Poverty and Contempt, from which they have ever been carefully defended and provided for even by the most antient Statutes and Laws of this Land now extant.
Hurtful it is to their Servants (for this may be every Mans Case) We know very many good Gentlemens Sons serve Bishops, and how can they reward their long and faithful Services, but only by means of granting over of these Fines or some other means out of their Spiritual Function? But this Act is good for the Courtier; but I may speak no more of that point.
Lastly, Mr. Speaker, my self am Farmer to a Bishop and I speak this as in my own Case (on my knowledge) to the House, that it is ordinary upon every Grant after four or five years, ever … and take a new Lease, but I refer it to the consideration of the House to do their Pleasure … Only this I can certifie, That I have … of the Bill the last Parliament exhibited to this purpose, which I having confer'd together with the present Bill, do find them to be word for word all one. And the last was rejected. Whereupon this was also (as is before-mentioned) rejected.
Thus far out of the afore-mentioned private Journal, the residue of this days Passages that follows are transcribed out of the Original Journal-Book of the House of Commons it self.
The Bill that Plaintiffs in Writs of Error shall give good Bayl, was read the second time, and committed unto Mr. Carie, Mr. Tanfield and others, who were appointed to meet upon Monday next in the Middle-Temple Hall at two of the Clock in the Afternoon.
The Bill against fraudulent Administration of Intestates Goods was upon the second reading committed unto the last former Committees in the Bill for Writs of Error, to meet at the same time and place.
The Bill against excessive and common Drunkenness was also read the second time and committed to the former Committees in the Bill for the Sabbath day, and to meet in the Temple-Hall this Afternoon.
The Bill touching the sowing of Hemp was read the second time, and upon the question for committing was upon the division of the House, with the advantage of fifty Voices Ordered to be committed, viz. with the Yea a hundred and three, and with the No a hundred forty two. And upon the question for the ingrossing, was Ordered not to be ingrossed.
The Committees names for the Bill of Subsidy, (whose names see on Monday the second day of this instant November foregoing) as also the Committees names for penal Laws, (who were appointed on Tuesday the third day of this same Month foregoing) were this day delivered to Mr Comptroller.
The Bill touching the Sabbath, and the Bill against Drunkenness, were delivered to Mr Edward Mountague one of the Committees.
On Thursday the 5th day of November, Two Bills of no great moment had each of them one reading, of which the first concerning matters of Assurances used amongst Merchants was read the first time.
Sir Francis Hastings, one of the Committees in the Bill for the better keeping of the Sabbath day (whose names see on Yesterday immediately foregoing) shewed the travel of the Committees, and brought in the Bill with some Amendments and a Proviso, and prayed the reading thereof, the Bill standing upon two parts, the latter part thereof not having been dealt in at all by the Committees.
The Amendments and Proviso in the Bill for the better keeping of the Sabbath day were twice read. And the Bill it self being read for the second reading was Ordered to be ingrossed.
Two Bills also had each of them one reading; of which the second being the Bill for the suppressing of deceits in Weights and Measures was read the first time.
Upon a Motion made this day a Committee was appointed to consider of the Statute for relief of the Poor, and for continuance and Explanation of Statutes, &c. viz. Sir Robert Wroth, Mr Philipps, Sir Edward Hobbie, Sir Francis Hastings, Sir George Moore and others, who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon.
The Bill for Resormation of Abuses in Alehouses and Tipling Houses was read the second time, and committed unto Sir Edward Stanhop, Mr Wiseman, Mr Johnson, Sir Robert Wroth, Sir Francis Darcy, Mr Peake, Mr Edward Philipps, the Burgesses of Newcastle and others; and the Bill was delivered to Sir Robert Wroth, who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.
Two Bills had each of them one reading; of which the second being the Bill against Blasphemous Swearing was read the first time.
Thus far out of the Original Journal-Book of the House of Commons it self; the residue of this days passages is transcribed out of the often above mentioned private Journal.
Mr Bacon stood up to prefer a new Bill and said, Mr Speaker, I am not of their mind that bring their Bills into this House obscurely, by delivery only to your self or to the Clerk, delighting to have the Bill to be incerto authore, as though they were either ashamed of their own work or afraid to father their own Children; But I, Mr Speaker, have a Bill here, which I know I shall no sooner be ready to offer, but you will be ready to receive and approve. I liken this Bill to that sentence of the Poet who set this as a Paradox in the fore-front of his Book, first Water, then Gold, preferring necessity before pleasure. And I am of the same opinion, that things necessary in use are better than those things which are glorious in estimation. This Mr Speaker, is no Bill of State nor of Novelty, like a stately Gallery for pleasure, but neither to dine in nor sleep in; But this Bill is a Bill of repose, of quiet, of profit, of true and just dealings; The Title whereof is, An Act for the better suppressing of abuses in Weights and Measures.
We have turned out divers Bills without disputation: And for a House of wisdom and gravity as this is, to bandy Bills like Balls, and to be silent as if no body were of Councel with the Common-wealth, is unfitting in my understanding for the State thereof. I'le tell you Mr Speaker, out of mine own Experience, that I have learned and observed, having had Causes of this nature referred to my Report; That this fault of using false Weights and Measures is grown so intolerable and common, that if you would build Churches, you shall not need for Battlements and Bells, other than false Weights of Lead and Brass. And because I would observe the advice given in the beginning of this Parliament that we should make no new Laws; I have only made this Bill a confirmation of the Statute of the 11th of Hen. the 7th with a few additions, to which I will speak at the passing of the Bill, and shew the reasons of every particular Clause, the whole being a Revival of a former Statute: for I take it far better to scowre a Stream, than to turn a Stream. And the first Clause is, that it is to extend to the principality of Wales, to constrain them to have the like Measures and Weights to us in England.