The Journals of Parliaments

Speaker said, I was and ever am Zealous and Jealous of the Privileges 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 Cecil said, I hope I shall move unto you a Conclusion which will end this Controversy, 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 cause 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 Privileges 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 certify 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 days Passages do now follow in part out of the Original Journal-Book itself.

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 Clothes was read primâ vice.

M ^r Johnson informed the House, that sundry Members of this House have been served with Subpoena's, viz. Edward Montague 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 shown, that that Subpoena came out of his Office, and further shown 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 alleged 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 days, 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 favor of the Subpoena ad testificandum, I think it deserveth no less favor 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 entreat 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 Privilege of the House; And after some dispute, an ancient Member of this House shown 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-Friars 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 should 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 shown 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 shown us Writs without Warrant. Then we called the Clerk of the petty Bag, who would show 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 shown unto us two Precedents of 5 Eliz. and of 13 Eliz. everyone 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 favor of the Gentleman that last spake, make a Repetition ab origin, 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 show; 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 shown 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 choose 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 choosing 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 privileged as Members of this House, a Warrant was directed to the Clerk of the Crown for making Writs of Privilege 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 shown 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 privilege 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 shown 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 specially 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 shown 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 loath to derogate anything from either: Notwithstanding he hoped and prayed that if any further Precedents had improvidently gone from this House, or contrary to the most ancient 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 Honor 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 Honorable or more agreeable to this House than we found him.

Henry Doyley of Lincolns-Inn said, M ^r Speaker, I take it there is a Precedent this Parliament which will decide this Controversy. For an Honorable Person of this House being chosen with myself 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 certify 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 cried 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 entered of Record, and all cried Yea, Yea.

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

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 Merchandises, 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 Barrister of Lincolns-Inn made a Motion and said, M ^r Speaker, I think myself bound in Conscience to certify 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 wondered 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 shown 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 mere 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 cried 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 Wife 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 man's 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 favor; 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 favor, 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 Arts. 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 abhorred 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 myself 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 Privileges and Customs of the House, but if we proceed to determine of this Bill, Mr. Speaker, we shall not only infringe a Custom which we have ever observed, viz. to meddle with no matter that toucheth her Majesty's 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 preferred, 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 myself 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 myself 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 ancient 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 Majesty's happy Government, (the point of whose days I beseech the Almighty may be prolonged) I see no reason, Mr. Speaker, why we 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) shown 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 arts, and much more to that purpose; And if you take away the honor and reward, then you take away the Study itself: For Answer thereunto, Mr. Speaker, I say under favor, 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 alleged a Canon confirmed under the Great Seal of England, I say, under favor, 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 itself, and were as followeth, viz. All the Queens Privy Council and all the Learned Council being Members of this House, Sir Walter Raleigh, Sir Francis Hastings, Sir Carew Reynolds, 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 Majesty's 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 ancient 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 expenses 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 endued 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 tendering 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 Council 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 Council 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-men's 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 cried, 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, Three 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 Council, 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 Solicitors, 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 refer'd the State of this whole Office to the Committees, and so well answered in his own defense, 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 Majesty's gift and Patronage. This Bill is both public and private; public 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 Majesty's Learned Council were there in Centinel to see that her Majesty's 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 engrossed.

Three Bills had each of them one reading; of which the third being the Bill against willful 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 Council 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 Council 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 Solicitor unto ..... Langton Esq Baron of Walton in 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 offense in the name of this whole House, were heard what they could say for their defense. And after sundry questions Ordered that the said Roger Buston should have the Privilege 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 days, 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 myself went to the Lord Keeper, and delivered unto him, that notwithstanding some Allegations which were alleged 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 show his further reasons; but prayed to certify 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 Lord's 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 Bailiff 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 Bailiff 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 considerations. And because I am willing that the Privileges 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 cried, To the Tower, to the Tower with them, send for them, send for them.

M ^r Speaker said, It is your Pleasure, the Bailiffs and he that procured the Arrest and the Serjeant shall be sent for. All cried Yea. Then the Speaker said, The Serjeant must go down to Shrewsbury; all cried 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 Controversy, 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 cried 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 men's & 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 anything public 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 Majesty's Prerogative, or misliking the reasons of her Grants; but out of grief of heart, to see the Town wherein I serve pestered 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 Majesty's Privy-Council being granted unto him for the more favorable 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 unskillful, 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 Majesty's Commission being transgressed, as a sworn Servant to her Majesty, I hold myself bound to certify the House thereof; and also that this Substitute stands Indicted as an obstinate Recusant: Yea when her Majesty's name hath been spoken of and herself 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 endeavor finds out anything 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 Privilege 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 when 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 Trial both at the Common-Pleas upon Actions of Trespass, where if the Judges do find the Privilege good, and beneficial to the Common-Wealth, they then will allow it; otherwise disallow it: And also I know that her Majesty herself hath given Commandment to her Attorney General to bring divers of them since the last Parliament to Trial in the Exchequer, since which time at least fifteen or sixteen to my knowledge have been repealed, some by her Majesty's 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 ourselves 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 Majesty's Prerogative. I wish every man therefore to be careful in this business; And humbly pray this House to testify with me, that I have discharged my duty in respect of my place in speaking on her Majesty's 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 Majesty's Prerogative Royal, had need walk warily. In respect of a grievance out of the City for which I come, I think myself 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 itself 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 anything, either in prejudice or derogation of her Majesty's 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 itself, but the penning of it is somewhat out of course.

M ^r Montague 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 Beggary 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 anything 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 Country that groaneth and languisheth under the burden of monstrous and unconscionable Substitutes to the Monopolitans of Starch, Tinn, Fish, Cloth, Oil, Vinegar, Salt, and I know not what, nay what not? The principallest commodities both of my Town and Country are engrossed 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 labor, which with the sweat of our brows even up to the knees in Mire and Dirt, we have labored for, shall be taken by Warrant of Supreme 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 therefore 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 myself 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 Privilege. It pleased her Majesty freely to bestow upon me that privilege; 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 honor 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 sense or judgment, neither is every man's 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 anything, 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 will be very short 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 everyone 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 herself.

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 Council 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) shown 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 Privilege 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 Privileges thereof will grow in contempt. I wish the Serjeant may be sent for and the Party, and that some exemplary punishment may be shown.

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

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 engrossed.

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 Council, 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 Council 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 virtue of her Majesty's 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 Council of her Majesty being Members of this House, Masters Attorneys of the Duchy 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 Privilege, 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 Andrew's 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 Lime there is brought every Year above three thousand Wey of Salt, and every Wey of Salt is since the Patent enhaunced to 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 Lime, 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 Majesty's 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 Solicitor 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 Solicitor, 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 Oil, Transportation of Leather, Lists of Cloth, Ashes, Anniseeds, Vinegar, Sea-Coals, Steel, Aquavitae, Brushes, Pots, Salt-Peter, Lead, Accidences, Oil, Calamint Stone, Oil of Blubber, Fumathoes or dried 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 ourselves, 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 ourselves 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 justify 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 Paul, 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, shown 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 committed unto Sir Robert Wroth, Sir Edward Hobbie, Sir George Moore, Sir William Wray, Sir Moyle Finch, Sir Michael 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 herself 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 Honor that the Subject showeth 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 color 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 Cecil 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 labor 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 sat 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, hark 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 Majesty's ears be open to all grievances, and her hand stretched out to every man's 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 willful 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 Lord's with a Bill entitled, An Act for the Uniting of Eye and Dunsden to the Manor of Sunning.

M ^r Montague said, I am loath 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 Montague ) 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 Council 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 to 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 Privileges, 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 days 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 Privilege being met, there was shown 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 Jerome Bows 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. Matthews the Patent for Oil of Blubbers.

To Richard Drake a Patent for Aqua composita & Aquavitae.

To Michael 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 Oil.

To James Chambers a Licence for Tanning.

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

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 shown to the Committees by Secretary Cecil, and to have been granted since the sixteenth year of the Queens Majesty's Reign; for in the seventeenth year of her Reign, he shown 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 Privilege 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 Council 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 time 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 engrossed.

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 Privilege, 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 days 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 Cecil 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 Counselor 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 Council 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 engrossed, and not to be read the third time, until her Majesty's Pleasure be further known, to be signified unto this House by Mr. Solicitor, 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 engrossed.

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. Montague, Mr. Winch, Sir Robert Wroth, Mr. Jones, Mr. Martin, Mr. Tate, Mr. Johnson, &c.

Mr. Henry Montague 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 engrossed.

Mr. Speaker (after a silence, and every man marvelling 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 Majesty's 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 tendered as her own; for our speedy resolution in making of so hasty and free a Subsidy, which commonly succeeded and never went before our Councils; and for our Loyalty: I do assure you with such and so great Zeal and Affection she uttered and shown 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 anything which was Malum in se. And if in the abuse of her Grant there be anything evil (which she took knowledge there was) she herself 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 midst 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 Trial 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 anything of her Majesty's Commands, I do most humbly crave Pardon for the same: And do beseech the Honorable 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 Cecil 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 something which I both then heard, and since know. I was present with the rest of my Fellow Counselors, 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 Majesty's Privy Council; but whosoever looks upon them shall find, that they carry no other style, 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 anything in reason for these Caterpillars satisfaction. The notice of this is now public, 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 Majesty's 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 buy 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 Oil shall go the same way; Oil 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 Majesty's 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 public 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 man's 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 tried 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 complete 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 Counselor of State, have done my best endeavor to salve the sore; But I fear we are not secret within ourselves. Then must I needs give you this for a future Caution, That whatsoever is subject to public expectation cannot be good, while the Parliament matters are ordinary talk in the Street. I have heard myself, 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 favors a little longer to make an Apology for myself. I have held the favor 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 honor, 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 offender 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 (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 herself, out of the abundance of her Princely goodness, to set at liberty her Subjects from the thralldom 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 show 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 show 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 Majesty's words be meritorious before God, this is. I do agree withal my heart in the first part of the Gentleman's motion that last spake; but do utterly mislike the latter: For it is not to be intended, we should have had so good and gracious a Message, if the truth of some particular Speeches had been delivered unto her. And now for us to accuse ourselves 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 entreaty 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 Majesty's 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 Majesty's Custom; And that the Committees do think it a Bill in their opinions not to be anymore 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 Cecil 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 gracious 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 completed that work: at that time she will be well pleased to receive your thanks and to return to you her best favors. ( 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 Majesty's 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.

Sir 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 shown 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 Privileges 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 Privileges and Jurisdictions which we now have. And though there be Session or separation of the United Body, yet the Privileges do remain still entire. For by most ancient Records of this Realm it may plainly appear, that the same Privileges serve both Houses. The first Precedent is in King Edward the first his days, when the Templars 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 quod 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 ancient course of Precedents; for if a man had been Arrested upon a Subpoena, upon notice given he should have had a Writ of Privilege, 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 shown, that a Member of this House (M ^r Philip's the Lawyer) was served with a Privy-Seal out of the Court of Wards, by one Thomas Dean 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 shown 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 certify 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, myself 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 Brown 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 cried I, I.

After three Congees made the Serjeant shown, 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 Pursuivant to go with a Warrant under M ^r Speaker's hand, and some of the Honorable of the Council 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 myself. And therefore I hope this will be sufficient for my discharge. And all the House cried I, I, I.

So no more was said of that matter, for the Speaker seemed to favor 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 with serving Mr. Pemerton with the like Writ.

Christopher Kennell said, M ^r Speaker, and the rest of this Honorable House, I am (though poor) a Gentleman born and known to many in this Assembly; This perhaps may be a cause to aggravate my offense. 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 offense 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 myself 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 myself 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 offense 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 offense, and most willingly I do submit myself 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 offense 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 marvelous 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 favor of the House, but let him have the Justice of the House. Which Speech was generally misliked as churlish.

M ^r Fleetwood a Counselor of Grayes-Inn shown 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 offenses laid open by the Speaker, he said, it pleased the House to have so favorable consideration of their offenses, that they should only have three days 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 Honorable 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 Cecil 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 notify in public 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 registered 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 were 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 Majesty's 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 Counselor. 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 Majesty's 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 herself 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 days 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 levied 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 levied in the County of the City of Chester were twice read, and the Bill was Ordered to be engrossed.

The Bill touching draining of Grounds in the Isle of Eli and the Counties of Cambridge, Huntingdon, &c. was read the second time and committed unto the Queens Learned Council 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. Montague 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 annexed, were twice read, and with the Bill Ordered to be engrossed.

Sir William Wray shown 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 engrossed.

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 Council 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 offense against this House in offering an abuse unto a Member of the same in striking and ill entreating 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 Council 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 Country, 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) shown the meeting of the Committees, and brought in the Bill with a Proviso annexed 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 Majesty's 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 show 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 welcome.

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 engrossed. 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 Privilege, 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 Majesty's most abundant goodness extended and performed to us. We cannot say, Most Gracious Sovereign, 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 Sovereign 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 mere 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 ourselves 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 days, 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, Dishonor, 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 myself 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 ancient 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 Honor, 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 color 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 Honor? No. M ^r Speaker, I assure you, were it not more for Conscience sake, than for any glory or increase 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 ministering 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 offenses 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 yourself, that the shining glory of Princely Authority hath not so dazzled 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 anything 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 anything unto myself; 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 Councils. 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 days 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 Huntingdon, 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 Majesty's Reign concerning the making of Hats were twice read, and with the Bill Ordered to be engrossed.

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

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 Controversy was refer'd to a third skillful Painter, who gavethis Judgment of the Tree, O valde been, 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 Civis, 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 Neighbors 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 Lord's of the Council to levy a hundred men, he will levy two hundred, and what with chopping in and choosing out, he will gain a hundred pounds by the Bargain. Nay if he be to send out a Warrant upon a man's request to have any fetched 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 Hinds) 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 locked 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 engrossed 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 ransomed 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 choose 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 Jointure 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 Lord's 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 Mayney Knight, &c. were twice read and Ordered to be engrossed.

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 engrossed, 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 Majesty's name to the House, out of the private Journal.

M ^r Speaker said, First I am by her Majesty's 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 Majesty's Speech. It pleased her Majesty to show in what gracious part she accepted our Loyalties. She said she rejoiced 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 offenses 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 anything unto herself, 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 days Passages do follow out of the Original Journal-Book of the House of Commons itself, as also part of the next.

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

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 Duchy 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 Vicarage 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 engrossed.

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 buys, and engrosseth Corn in the Country, that is the greater; with the other he retails it at home to his poor Neighbors, 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 Zacharias 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 liable; 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 Trial 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 ourselves, in the Year 1583. the House of Paris Garden by God's 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 Honorable 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 tied 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 God's 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 sanctify 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 God's Commandment, but I wish that S ^t Augustine's 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 choosing 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 quod tam grave jugum fratribus nostris imponamus.

I am sorry said M ^r Comptroller, after sorty three years under her Majesty's 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 itself. That all Justices should be thus generally accused, this is mere 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 myself. M ^r Speaker, I will not deny that I spake, and protest it in my conscience, I spake only of the inferior 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 Honor 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 will never have the honor to have it. It were good they were named, and that he told who they were: otherwise honest men will be loath 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 Honorable that sit about the Chair, and all the rest of her Majesty's Privy Council have and do hold the same place, and this toucheth them as much as Inferior 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 favor we give to Bills of far inferior 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 Reynolds, Sir Anthony Cope, Mr. Bond, Mr. Martin, Mr. Hide, Mr. Owen, Mr. Beeston and Mr. Wimarke, who were appointed to 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, Westmorland 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 engrossed.

The Bill for the Assurance of the Jointure 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 Jointure of Rachel 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 Louis 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 Montague 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 Cecil 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 Soldiers 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 twofold, the first concerneth the Honor 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 Honorable about the Chair) that all the Wars of her Majesty are Wars offensive, and I do not hear the contrary: How then winds it that such a number of her Majesty. Subjects be spoiled, robbed, beaten, wounded, themselves taken, used with such extreme torture, racked, 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 increased 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 straight 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 dishonor both unto the Queen and unto the Kingdom. I have heard many say that 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 suppressed. My humble Motion is, that it would please the House to enter into consideration of these things, for the honor, good and safety both of the Queen and of the Kingdom.

M ^r Peake said, I must needs show 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 dishonor to our Nation, should so much offend us, when we never offer to suppress them; it is no marvel. 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 distasteful to the House.

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

M ^r Secretary Cecil 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 referred to Committees, viz. all the Privy Council being Members of this House, the Queens Learned Council 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 Huntingdon against a Member of this House, M ^r Belgrave, into the Star-Chamber, containing no matter of substance or note other than matter very dishonorable to this House; therefore I humbly pray, it may be referred to be considered of by the Committees for the Privileges 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 Manor of Eye and Dunsden to the Manor of Sunning was read the second time, and committed presently to be considered of in the Committee Chamber by M ^r Solicitor, Sir Francis Bacon and others, and to have Conference with the Lord's touching the same Bill.

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

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

To this Bill M ^r Zacharias 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 increase.

M ^r Henshaw amongst other Speeches shown, 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 thrust together, perhaps he would entreat 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 will 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 entreat 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 ancient habiliments cannot be preserved. For if it be a hard Year, the poor Artificer which hath Wife, Children and Household, 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 fetched 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 itself 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 Vicarage of Rotherston, &c. with some Amendments.

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

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 engrossed.

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 engrossed.

The Bill for reformation of abuses in Sheriffs and other inferior 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 Solicitor, M ^r Attorney of the Duchy 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 touching the making of Fustians within the Realm was read the second time and committed unto all the Queens Privy Council and Learned Council 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 Lord's 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 Council 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 Lord's 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 Lord's, 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 threatened 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 Majesty's 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 Lord's 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 Rachel 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 Rachel Wife of Edward Nevill of Birling in the County of Kent were twice read, and the Bill was Ordered to be engrossed.

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 engrossed.

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 ways; First, There is transportation of Ordnance, which being carried to the Low Country-man, he carrieth it to Dunkirk or to our Enemies, which if it were hindered, 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 shown 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 less of Wasts, Marish and Watry Grounds in the Isle of Eli and in the Counties of Cambridge, Huntingdon, Northampon, Lincoln, Norfolk and Suffolk. On the left side on the top of the Bill was written in Roman Letters Soit bail 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 bail aux Communes: on the back under the Title aforesaid was written thus 1.

2.

3.

He shown also the Bill for Fens in this Parliament entitled 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 Jointure 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 Jointure of the Countess of Sussex were twice read, and with the Bill Ordered to be engrossed.

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 engrossed.

The Bill touching the Assize of Fuel was read the second time and committed unto the Knights and Citizens for London, Sir Jerome Bows, 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 Labor 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 tried 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 alleged that it was done ad redimendam vexationem which had been offered to him, and so he thought to right himself these ways. 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 debarred 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 referred 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 annexed to that Statute.

M ^r Bacon said, There were never yet anymore 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 dashed it.

The Bill touching payment of Debts upon Shop-Books lately passed in this House was sent up to the Lord's 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 Solicitor for a Conference to be had with the Lord's 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 Manor of Sunning; It is appointed that M ^r Comptroller of the Exchequer, M ^r Solicitor and others do meet to Morrow with the Lord's 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 engrossed.

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 engrossed.

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 engrossed.

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 skillful Painter that painted a Tree in the Sea so lively, &c. And the Judgment was, O valde been, 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 Majesty's gracious favor, 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 greater; 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, Lübeck, 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 succor 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 Ducats 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 ourselves. I think therefore to proceed by way of a Bill would savor of curbing her Majesty's 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 Majesty's was able to beat ten Spaniards; but now by reason of our own Ordnance we are hardly matched one to one. And if the Low-Countries should either be subdued by the 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 straight say it toucheth the Prerogative and must not be meddled 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 plane, vadit sane; 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 Counselor 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 subtlety 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 ourselves. 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 precious Jewel of our Realm, worth even all we have) is as familiarly sold in the Countries of our Confederates as anything within this Land; but being stopped, 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 therefore 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 Majesty's 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 Majesty's 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 recompense 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 shown to the Committees four or five Precedents and late Judgments, that Iron Guns come within this Law.

M ^r Solicitor 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 Council being of this House, Sir Walter Raleigh, the Knights and Citizens of London, Sir Francis Hastings,