Proceedings in the Commons, 1601: November 6th - 10th

November 6th - 10th

Friday Novemb 6.

On Friday Novemb 6. An Act for the Uniting & Consolidation of certain small Churches in Exeter, into one Parish Church.

Bill for Setting of Watchmen.

An Act for the better setting of Watches in the Night, for the Apprehending of suspected Persons, was Read.

To which Act Sir George More spake, and said:

Mr. Speaker,

I am still of Opinion, That it is good to have trial of Laws, before we make them perpetual; for those that be Night-walkers offend God, do the Common-wealth no good, and sin in both. In my Opinion therefore, it were good to limit the continuance of this Law, and that the Defects therein may be the better Examined, that it be Committed.

An Act, to prevent and avoid divers lewd Misdemeanors in Base and Idle persons.

Doct. James, a Civilian, being a Committee, brought in the Act against Drunkards, and common haunters of Taverns, and Ale-houses.

An Act for the Inhabitants of Rapesdale, in the County of Lancaster, touching the Buying of Wools.

A Bill to avoid Contracts on the Sunday.

An Act for the better keeping of the Sabbath-day, called Sunday, was Read, in which Act, there was a Proviso, That all Contracts made on the Sunday, in Fairs or Markets, should be utterly Voyd; and the Goods so Contracted for, Forfeited to the Queens Use.

Mr. Glascock of Grayes-Inn stood up and spake to this Bill, and said,

'Mr. Speaker,

Mr. Glascock puts a Pleasant Case.

'I would willingly put one Case to the House, To know whether it be their minds, If a Man take a Wife on a Sunday, in Fair, or open Market, that this should be Void, and she and the Goods forfeited to the Queens Life? for that is a Contract: At which all the House Laughed.

Bacons Speech for Repealing superfluous Laws.

Mr. Bacon said, 'May it please you Mr. Speaker, not out of 'Ostentation to this House, but in Reverence I do speak it: That I do much wonder to see the House so continually divided, and to agree upon nothing; to see many Laws here, so well framed, and Offences provided against, and yet to have no better Success and Entertainment. I do think every man in his particular, bound to help the Common-wealth the best he may; and better it is, to venture a mans Credit by Speaking, than to stretch a mans Conscience by Silence, and to endeavor to make that good in Nature, which is possible in Effect.

'Laws be like Pills all gilt over, which if they be easily and well swallowed down, are neither bitter in digestion, nor hurtful in the body; every man knows that Time is the true Controuler of Laws, and therefore there having been a great alteration of Time, since the Repeal of a number of Laws; I know, and do assure my self, there are many, more than I know, Laws both needless, and dangerous.

'I could therefore wish, that as usually every Parliament, there is a Committee selected for the Continuance of divers Statutes, so the House would be pleased also, that there might be a Committee for the Repeal of divers Statutes, and of diverse superfluous Branches of Statutes. And that every particular Member of the House, would give Information to the Committees, what Statutes, he thinketh fitting to be Repealed, or what Branch to be Superfluous, left, as he said, pluat super nos laqueas: The more Laws we make, the more Snares we lay to entrap our selves.

Upon which Motion, a Committee was granted to meet on Friday.

Saturday November 7.

On Saturday November 7. An Act, That the Marquesse of winchester may dispose of his Lands, whereof he is Tenant in Tayle, as other Tenants in Tayle may do by the Laws and Statutes of this Realm, was read the first time; and the Pedigree hereafter set down, was then produced to the House.

A Page is brought before the House.

There was this day, a Page brought to the Bar, for that Yester-day Sir Francis Hastings had caused him to be Committed: For that as he went down the stairs, the Page offer'd to throng him. Whereupon he held him till the Speaker came out of the House, who did commit him to the Serjeant's Custody, till this day, to know the Pleasure of the House, what they would do therein. But this day, upon Sir Francis Hasting's intreaty, speaking very earnestly for him, and of his innocency, and unwillingness to do that Fact, as also upon the Pages Submission upon his Knees at the Bar, he was discharged. It was moved, That because his Hair was very Long, he might be carried to a Barber, and close cut before his Discharge. But that was thought very unfit, for the Gravity of the House to take notice of so light a fault; so, after a sharp and threatning Admonition, given him by the Speaker, he was Discharged.

Sir Edward Hobby moved the House, That for as much as the antient Custom of the Parliament had been, that not only themselves, but their Servants should be free from all Arrests; yet notwithstanding, a servant of Mr.William Cook, a member of this House, was Arrested by one Baker a Serjeant, at the suit of another, upon a Bond, in which indeed he is but Surety, as may appear unto you by this Letter (so the Letter was Read) the Contents whereof was as aforesaid, with this Clause in the end, From the most Loathsome, and the unfortunate Hole in the Prison of Newgate, I humbly, &c.

Upon which Motion, as also upon Declaration of a Precedent in the 35. of Henry the Eighth: That the Sheriffs of London were Committed to the Tower, for Arresting George Ferrars a Member of this House: It was generally agreed, That the Serjeant of this House, should be presently sent with his Mace for the said Prisoner & his Keeper; and also should command the said Baker, the Serjeant, and the procurater of the Arrest, to attend the Court on Monday morning; so, after the Serjeant had been away about an hour and an half, he brought the Prisoner and his Keeper to the Bar, who Affirmed the whole matter as aforesaid. And the Keeper was Commanded to deliver his Prisoner to the Serjeant, which he did, by taking him by the Hand, and so delivered his Prisoner to the Serjeant. And the House commanded the Keeper to take no Fees, and so the Prisoner was quite discharged.

But Sir Robert Wroth moved to know, Whether Mr. Cook would Affirm that man to be his Servant, who stood up and said, He was one of his most necessary Servants; for, in truth (quoth he) he is my Taylor. And thereupon the Serjeant was sent for him as aforesaid.

An Act, for the better Setling of Watches, was Read, and committed, and the Committees to meet at the midle TempleHall on Thursday in the afternoon.

Mr.Henshaw moved the House, That the immediate Land-Lord of every such Night-Walker, should be bound for the good Behaviour of him to the Queens Use, which the House would by no means hear of.

An Act to avoid and prevent divers Lewd Misdemeanors in base and idle Persons, was Read and Committed to the Committees in the Bill for Night-walkers, to meet on Thursday after-noon, in the midle Temple-hall.

A Bill against going to an Ale-house, if within Two Miles of ones own House.

An Act against Drunkards, and haunters of Ale-houses, the Effect whereof is, That if any man do go to an Ale-house within two miles of his own House, he shall Forfeit so much as he is in the Subsidy.

Mr. Glascock Opposes it.

Mr. Glascock spake to this Bill, and Informed the House, That it was a common and usual thing in Lancashire, and those Parts, for Gentlemen as they go a Hawking, to go and take a Repast at an Ale house; Yea, men sometimes of 500. Marks a Year: But, Mr. Speaker, I hope these men are not intended to come within this Bill. And for the Act it self, I think it to be a meer Cob-web to catch poor Flies in.

Sir Francis Darcy is for it.

Sir Robert Cecil.

Sir Francis Darcy said, I think this Bill very fit. to be considerd of, and Committed; for it tendeth to the Restraint of great Excess usually Committed, which we had need especially to provide for, seeing such continuall and great Provisions both of Meat and Drink, go daily out of the Land, chiefly into Ireland, That (as an Honourable Person affirmed in this House) we may feed an Army therewith, yea all the Realm, almost within the English Pale, and else where in other Countries.

Besides, in Restraining this great Excess, we shall do our Duties, and please God the more, who is jealous of his Honour, and will not suffer such and so great a Sin to go unpunished, neither in the Offenders themselves, nor in us that tolerate the same; but will lay his heavy hand of Wrath and Indignation upon this Land, which God avert and turn from us. So it was Committed, and the Committees appointed to meet on Fryday in the Afternoon, at the Middle-TempleHall.

The Act touching Weights and Measures was read; which, upon divers Motions, was clearly expung'd the House. Mr. Wiseman shewed a great Imperfection in the Bill, because there wanted a Remedy to meet with the Clerk of the Market. Besides, where a Punishment is inhaunc'd, and a special Privilege to gain greater Authority, it makes me doubt much of the good Intent: For, why should he desire to have Wales in, seeing he hath it in his Jurisdiction already. And, it is as ordinary as can be, Bring your Groat, (when he goeth a Circuiting) your Measure shall be Even.

It was after put to the Question for Committing; and some Twelve I, I, I; but not one for the Ingrossing, but all said No: So it was Rejected.

In the Afternoon the same Day, at the Committee in the House, touching the Subsidies:

Sir Walt. Rawleigh's Speech for Subsidies.

Sir Walter Rawleigh moved the House to consider, for what Intent they came thither; and now in their Coming, what was to be considered for the Subsidy, and the Manner and Quality thereof.

'I now only will intimate thus much unto you, That the Last Parliament only Three Subsidies were granted, upon fear that the Spaniards were coming. But now we see they are come, and have set Foot even in the Queens Territories already; and therefore, are the more of Us to be Respected and Regarded.

'And, seeing the Sale of Her Majesties own Jewels, the great Loans her Subjects have lent her, yet unpaid: the continual Selling of her Lands, and decaying of her Revenues; the sparing 'even out of her own Purse,& Apparrel for our sakes, will not serve; but yet she must be fain to call her Court of Parliament for our Advice and Aid in this Case. I wish, for my own part, as a particular Member of this Common-Wealth, That we may not do less than we did before; and that we also would bountifully, according to our Estates, contribute to her Majesties Necessities, as now they stand.

Mr. Wiseman's Speech for Subsidies.

Mr. Wiseman said, after a very discreet and judicious Speech made, touching Gods Protecting us for Religion-sake, our peace and quietness, the safety of her Majesties Person, the great Victories we have had, the greatness of Neighbour-Princes, only raised by her Majesty, so that she hath spent, as was said by Sir Walter Rawleigh, so much as that She is now fain to desire the help of her Subjects:

'Let us therefore, draw to some head, and leave our Orations and Speeches, fitter for a Parliament than a Committee; we are to consider only, what is fit to be given: And for my own part, as a poor Member, and one of the meanest in this House, I will be bold to deliver my Opinion first, because some must break the Ice, Three Pound Land and under, to pay Two Shillings and Eight Pence in the Pound; Five Pounds Goods, and under, to pay One Shilling Eight Pence in the Pound, and double Tenths and Fifteens, as soon as possible may be.

'And though I may seem over-bold, being but a Rural and Country man, to speak even out of my own Element in this Case, yet I do heartily crave Pardon of all, beseeching that neither my unaptness, nor disorder of Speech, nor the unworthyness of my Person, may prejudice the Cause.

Sir Rob. Wroth.

Sir Robert Wroth moved, That Four Pound Land might pay full Subsidy, and Six Pound Goods might pay full Subsidy unto Her Majesty.

Sir Francis Hastings.

Sir Francis Hastings mov'd, That the Three Pound Men might be Exempted, and all others above that Rate to Pay according to the Rate, to make up a full Subsidy.

Mr. Phillips.

Mr. Phillips mov'd, That Three Pound men might be spared, and Four Subsidies receiv'd from the Rich, which should be termed a Contribution, because it might make no Innovation.

Sir Walt. Rawleigh.

Sir Walter Rawleigh said, If all pay alike, none will be aggrieved; if any be excepted, doubtless it will produce much Grief. And the feeling will be great to those Three Pound men that feel any thing, but it will be nothing to them that know any thing.

Exceptions against Speaking Sitting.

Sir Edward Hobby said, we cannot hear you speak out; you should speak standing, that the House might hear you.

So Sir Walter Rawleigh said, That being a Committee, he might speak Sitting or Standing; and so repeated over again his former Speech.

Secretary Cecil's Speech for Speedy & considerable Supplies.

Mr. Secretary Cecil said, 'Because it is an Argument of more Reverence, I choose to speak standing. As long as the Queen, by Advice of her Council, did find means to spare you, so long 'she ever desired her Subjects might not be Charged. But if her Majesty, as soon as the last Subsidy had been spent, should 'have again resorted unto you, I do assure you this Parliament had been called in October last.

'Now, if upon the Providence and Foresight of a growing Sore, you did Contribute unto her Majesty, much more now, should we do the same; seeing a Resolute company of Spaniards have Intrenched themselves in Her Majesties Kingdom of Ireland, and more Supplies thither are daily Expected. It is time that we open our Coffers, that we may obviate in the begining these few Forces of the Spaniards, lest growing to greater Forces, we cannot expell them with Five Hundred, which we may now do with One Hundred at present.

'If any that sit next the Door, be desirous to sit next the Chair, to give his Opinon, I will not only give him my Place, but thank him to take my Charge. [This was conceived to be spoken of Sir Edward Hobby, who coming to sit near the Chair, and none giving him place, sate next the Door] 'We that sit here, take your Favours out of Courtesy, not out of Duty. But to the purpose:

'The Queen hath occasion to use (as divers in this House do know) Three Hundred Thousand Pounds before Easter: How this shall be Raised and Gathered, That is the Question. For without this proportion of Charge, neither can the Spaniards in Ireland be repelled, nor the War there maintain'd: Neither Her Majesties other Affairs be set on Foot: Neither Provision sufficient can be made for defence against Forreign Invasions.

'Admit with a less Charge we should now Expell him; Will any man be so simple to think he will give over the Enterprise, being of so great Consequence, and grow Desperate? I should think him a man but of a shallow Understanding, and less Policy. Surely, if we had been of that mind, when he had that great Overthrow of his Invincible Navy, One Thousand Five Hundred Eighty Eight, we had been destinated unto Perdition. For, how many chargeable Enterprises, of Puissant & great Consequence hath he since made? The like, if his Forces in Ireland should now Fail, would he do again.

'And therefore, That we now do in Defence, if he should be expelled with a less Matter, would as well serve to make De'fence against his next Invasion of that Kingdom; as also, to Enrich her Majesty, to be ready to Furnish her Navy and Forces the speedier for her safety. Besides, if he bestows so vast a Treasure for the gaining of one poor Town, Ostend; what will he do to gain so strong and Famour a Kingdom as Ireland?

'I will, by the Leave of a VVorthy Person that sits by me, and knows these things better than I do, yeild a particular Account to you of the State it self. First, The last whole Subsidy after the Rate of Four Shillings Land, and Eight Groats Goods, came not to above Eighty-Thousand Pounds; the Subsidy of the Clergy, Twenty-Thousand Pounds; the Double Fifteens, Sixty-Thousand Pounds: In all, One - Hundred and Sixty-Thousand Pounds.

'Since my Lord of Essex's Going into Ireland, (who now is with God) she hath spent Three-Hundred-Thousand Pounds; which 'cometh unto Three-Hundred and Twenty-Two-Thousand Pounds: So the Queen is behind-hand Three-Hundred-Thousand Pounds. Thus we refer the Matter to your Judicial Consideration: We only shew you the present Estate of the Queen, and her Affairs; wishing no Man to look that we should give Advice, what is to be done: As though your Selves, who are the Wisdom of the Land, could not direct your Selves; neither upon the Reasons alledged, judge of the Necessity of the State.

Sir John Fortescue.

'Mr. Comptroller, Sir John Fortescue, and Mr. Secretary Harbart, spake all to the same Effect; only Sir John Fortescue added this: That what pleased the House, in the Name of the Subjects to bestow, the same Her Majesty did, and ever would imploy to their Uses: So that Dying, it might be written on Her Tomb, as on the Emperor, Quod occupatus vixit. So that, She Dying, Lived still, imploying all to the Safety of Her Subjects.

A notable Saying of the Great Turk.

'And, I beseech you, remember, That the Great Turk, when he Conquer'd Constantinople, found therein Three-Hundred Millions of Gold. Which being told him: If they (said he) had bestowed but Three Millions in defence of their City, I could ne'ver have gotten it. From this Blindness I pray God Defend us, that we may not be backwards to give Four Subsidies to Her Majesty; for want whereof, in time, we may hap to lose that which cannot be Recovered or Defended with a Hundred.

So, after a few other Conferences and Speeches, Pro & Contra, it was concluded, That the House should be Certified of their Proceedings, on Monday; and by General Consent, the Three Pound Men were to be included: And so the House, about Six a Clock at Night, rose confusedly.

"Nota, That Mr. Anthony Maynard, by the Consent of the whole House sat in the Chair, as clerk, to Register the Order of this Committee; and by Consent also, was Licensed to put on his Hat.

Sunday, November the 8th.

Monday, November the 9th

On Monday, November the 9th. A Bill for Suppressing of Maintenance.

Also, A Bill to suppress People from idle Shifting: The first time Read.

Also, A Bill for the Reformation of Abuses in the Making of Cloth.

A Bill for Advance of Customs.

Also, A Bill for the Benefit of Merchants, and Advancing of Her Majesties Customs, both Inward and Outward.

Mr. Townsend moves against the great Number of common Sollicitors.

Also, A Bill to Restrain the Number of Common Sollicitors, put in by Mr. Townsend of Lincolns-Inn, (the Collector of this Journal) to which he spake as followeth.

'May it please you, Mr. Speaker,

'It was well said by a Worthy Member of this House, (Mr. Francis Bacon) That every Man is bound to help the Common-Wealth 'the best he may: Much more is every Man, in his own Particular bound, being a Member of this House, if he knows any dangerous Enormity towards the Common-Wealth; That he would not only open it, but if it may be, suppress it.

'We being all here within these Walls together, may be likened to a Jury, shut up in a Chamber: Every Man There upon his Oath, and every Man Here upon his Conscience; being the Grand Jury-Men of this Land, bound to deal both Plainly and Truly. Here-with (though a most unworthy, and least sufficient Member of this House) my Self being touched, I had rather adventure my Credit by Speaking, (though confusedly) knowing the great Inconvenience and Mischief attends this Kingdom by Silence, in so pleasing a Case, as I perswade my self, this Bill will be to every Man that hears it.

'To which, Mr. Speaker, because I may have Benefit of Speech, if occasion serves, at the second Reading thereof, I will not speak more at this present, than only touch the Tract of the Bill it self.

'The Honourable Person that in the Upper-House, in the Beginning of this Parliament, spake against the Lewd Abuses of Prowling Sollicitors, and their great Multitude; who set Dissention between Man and Man, like a Snake cut in pieces, crawl together, and joine themselves again, to stir up even Spirits of Dissention: He, I say, advises us, that a Law might be made to suppress them.

'I have observed, that no Man this Parliament, ever profer'd 'to prefer any such Bill to this House; but sure I am, no Man spake to this Purpose. I have therefore, Mr. Speaker, presumed out of my young Experience, because I know part of their Abuses, and with that small Portion of Learning that I have, to draw a Bill; and here it is. The Title is thus, An Act to Suppress the Multitude of Common Sollicitors. The Body of the Act disableth all Persons to Sollicite in any Cause, other than their own. There is Excepted, and Fore-prized, Four several sorts; Lawyers and Atturnies, in their own Courts where they be Sworn: Servants in Livery, and Kinsmen within the Fourth Degree of Consanguinity. And no Man within this Kingdom, but may find a sufficient Sollicitor within these Four Degrees. And I humbly pray, The Bill, being short, may be Read, and Received.

A Bill concerning certain Abuses in the Exchequer, Committed; the Committee to meet on Tuesday in the Afternoon, in the Exchequer-Chamber.

A Bill against Transportion of Coyn.

A Bill against Transportation of Monies, was brought in: On which Mr. Davis made a long Speech; The Effect whereof was: That by Transportation of Money the Realm is Impoverished, for that Twenty Shillings English is Twenty Three Shillings Flemish; and as much good Silver in the first, as the last, And so, he said, They gained Three Pence in every Pound; and the like he said, was in Commodities.

Secretary Cecil touching the Subsidy.

Mr. Secretary Cecil spake, touching the Subsidy, as Followeth:

'VVen it was the good Pleasure of the House, to give 'Order to the Committees to consider the common danger of the 'Realm; in which not only every Member of this House, 'but every Man in the Kingdom, is Interessed: It liked the 'Committees, after their resolution to choose one amongst 'all, to give an Account of their Proceedings; and that is my 'self.

Reports to the whole House, what was done at the Committee.

'I do know it were the safest way for a mans memory, to deli'ver the last Resolution, without any precedent Argument; for 'rare is the Assembly, in which there is not some variety of 'Opinions. I need not recite the Form of the Committee, by 'reason of so good Attendance, being little inferior to our Assem'bly at this present: yet if it be true, that, Forma doth dare es'sentiam, it will be somewhat necessary for me to deliver the 'manner of our Proceeding, and the Circumstance, rather than 'hazard the Interpretation of such a Resolution.

'The Day was Saturday last, the Place this House, the Time 'about four houres: And I am of Opinion, That if we had all 'agreed upon the manner, as we did speedily upon the matter, 'all had been dispatched in an hour. It seemed, by the ready 'Consent of the Committee, That they came not one to look on 'another, like Sheep, one to accompany another; but the Mat'ter was Debated by some, and at last Consented unto by all.

'Our Contention bred Difference, our Difference cause of Ar'gument, both how to ease the State, and make this Subsidy less 'burthensome, which shall be recited.

'Some were of Opinion, that the Three Pound Men should be 'spared, because it was to be consider'd, they had but small por'tions, and they did give almost Secundum sanguinem. Others were 'of Opinion, that the Four Pound men should give double, and the 'rest upward should be higher Cessed. Others were of other Opi'nions.

'Again it was moved, Whether this Subsidy should go in the 'name of a Benevolence, or Contribution? Or whether in the 'Name of a Fourth Subsidy, but was said to be subject to great 'Mistaking, because it would be said to be a great Innovation.

'But at last, most Voices Resolved, It should have the old 'Name of a Subsidy, because Subsidium and Auxilium are all one. 'The most Voices Concluded, There should be no Exception of 'the Three Pound men, because according to their Rate, some 'were Assessed under value; besides, separation might breed 'Emulation, Suspition of Partiality and Confusion.

'The Time was Resolved upon, and that in respect of Expedi'tion, to be by the First of February, and the whole Realm, when 'each man comes into his Country, will be better satisfied, when 'they shall know we have spared no man, nor made no Distinction.

'It was said, by a Member of this House, (Sir Francis Hastings) That he knew some poor People Pawn their Pots and Pans, to pay the Subsidy.

'It may be, you dwell where you see and hear. I dwell where I hear and believe. And this I know, That neither Pots nor Pans, nor Dish nor Spoon, should be spared, when Danger is at our Elbowes. But he that spake this, in my Conscience spake not to hinder the Subsidy, or the greatness of our Guift, but to shew the Poverty of some Assessed, and by sparing others. But by no means, I would have the Three Pound men Exempted, because I would have the King of Spain know, how willing we are to sell all in Defence of Gods Religion, our Prince and Country. I have read, when Hannibal resolved to sack Rome, he dwelt in the Cities Adjoyning, and never feared or doubted of his Enterprize, until word was brought him, That the Maidens, Ladies, and Widows of Rome, sold their Ear-rings, Jewels, and all their Necessaries, to maintain War against him.

'I do take my self in Duty bound, to acquaint this House with the Modesty of the Committee, at the Proposition; That when first this House never stuck to Commit, they never stuck in understanding the Reasons to grant it. And I do perswade my self, that the Bonus Genius of this House, did not wish a more Resolved Unity, than we had Unity in Resolution. And of this Great Committee, it may be said, De Majoribus Principes Consultant, De minoribus omnes.

'Thus, by your Commandments, I have undergone this Charge; and will be ready to do the like Duty, whensoever you shall command me.

The Subsidy put to the Question, and voted, without any Opposition.

Then, after Consultation of the great Occasions, it was put to the Question. Whether the double Tenths and Fifteens, should be Paid by the First of February, and the Subsidy by the last of February, viz. for this Fourth Subsidy, before the Third began: And that the First Payment of the First Three Subsidies, should be brought in by the Tenth of June viz. half a Subsidy? And all said, Yea; and not one, No.

Sir Robert Wroth's Proposition rejected.

Then was a Motion made by Sir Robert Wroth, That this new Subsidy might be drawn in a Bill by it self, to which should be Annexed, A preamble of the great Necessity, the willingness of the Subject and that it might be no Precedent. But that could not be yeilded unto.

Then Mr. Speaker asked the House, If they would appoint Committees to draw the Bill? So they appointed the Queens Council, and all the Serjeants at Law of the House, and no more.

Mr. Francis Moores Motion.

Mr. Francis Moore Moved, That that which was done might be compleatly done, and the Subsidy gathered by Commission, and not by the old Roll; for Peradventure, some were dead; others fallen to Poverty, others Richer; and so ought to be enhaunced, &c. And withal, he said, The granting of the Subsidy, seemed to be the Alpha and Omega of this Parliament.

Mr. Wingfeild's Motion.

Mr. Wingfeild Moved the House, That seeing the Subsidy was granted, and they yet had done nothing, It would please her Majesty not to Dissolve the Parliament until some Acts were passed.

Serjeant Harris.

Mr. Serjeant Harris said, That he that spake Intempestivè, Spake, Injocundè: And the Motion of the Gentleman that last spake, is not now to be Discussed. We are to speak touching the Subsidy.

Mr. Bacon.

Mr. Francis Bacon, after the Repetition of the Sum of what was done Yesterday, That the Three Pound men might not be excluded, he concludes it was Dulcis tractus pari Jugo. And therefore the Poor, as well as the Rich, not to be Exempted.

Sir Walter Rawleigh.

Sir Walter Rawleigh said, 'I like not, That the Spaniards our Ene'mies should know of our Selling our Pots & Pans to pay Subsidies; 'well may you call it Policy, as an Honourable Person alleadged, 'but I am sure it Argues Poverty in the State. And for the Motion 'that was last made, Dulcis tractus Pari Jugo: Call you this Par Ju'gum, when a poor man payes as much as a Rich? And peradven'ture his Estate is no better than it is set at, or but little bet'ter? When our Estates that are Three or Four Pounds in the 'Queens Book, it is not the Hundredth part of our Wealth, 'therefore it is neither Dulcis nor Par.

Secretary Cecil.

Mr. Secretary Cecil said, 'That now seeing one of the weightiest 'Matters, and Causes of Calling of the Parliament was agreed up'on, he doubted not, but we should have a quick Parliament, and 'speedy Payment.

'But for that Gentleman that said on my right Hand (Mr. Fran'cis Moore) That the Subsidy was the Alpha and Omega of this Par'liament: I think he spake it not simply out of Humour, but 'rather upon Probability. For I can assure you, her Majesty is so 'Respective over you, touching her Laws, which she desireth may be 'perused and amended, That she meaneth not to Dissolve this 'Parliament until something be mended.

'For that I said, touching the Spaniards knowing of the sale 'of our Pots and Pans, which should be a matter of Policy, to 'which the Gentleman on my left hand, (Sir Walter Rawleigh) 'took exceptions: I say it's true; and yet I am mistaken. For 'I say it's good the Spaniards should know how willing we are to 'sell our Pots and Pans, and all we have, to keep him out: Yet 'I do not say it is good he should know we do sell them; that 'is, I would have him know our willingness to sell (though there 'be no need) but not of our Poverty of selling, or of any neces'sity we have to sell them, which I think none will do, neither 'shall need to do.

Then all the House cried No, No; as much as to say, no man did so.

Sir Arthur Gorge.

'Sir Arthur Gorge Moved, That it would please the House, that 'order might be taken that Justices of the Peace might be As'sessed according to the Statute, viz. at Twenty Pound Land, 'where there be few Justices that are above Eight or Ten Pound, 'which Mr. Secretary Cecil Noted in his Tables.

Then Serjeant Heale stood up, and made a Motion, saying;

Mr. Speaker,

Serj. Heale speaks to some purpose.

I do marvail much, that the House will stand upon Granting of a Subsidy, or the Time of Payment, when all we have is Her Majesty's; and She may lawfully, at her Pleasure, take it from us: Yea, She hath as much Right to all our Lands and Goods, as to any Revenue of Her Crown.

He is Hum'd and Laugh'd at.

At which the House Hummed, and Laughed, and Talked.

well, (quoth Serjeant Heale) all your Humming shall not put me out of Countenance.

The Speaker puts them in mind of the Orders of the House.

So Mr. Speaker stood up, and said; It is a great Disorder, that this should be used; for it is the Antient Use of this House, for every Man to be Silent when any one Speaketh; and he that is Speaking, should be suffer'd to deliver his Mind without Interruption.

Heale proceeds.

They Hum again.

So the said Serjeant proceeded; and when he had spoken a little while, the House Hummed again; and he sate down. In his latter Speech he said, He could prove his former Positions in the Time of Henry the Third, King John, King Stephen, &c. which was the Occasion of their Humming.

Mr. Mountague shews him his Mistake.

Mr. Mountague, of the Middle-Temple, said; There were no such Precedents: And if all the Preambles of the Subsidies were looked upon, he should find, that it was of Free-Gift. And although Her Majesty requireth this at our Hands, yet it is in us to Give, not in Her to Exact of Duty: And for the Precedents, there be none such. But touching a Tenth Fleece, and a Tenth Sheaf of Corn, that was granted to Edward the Third, at his Going to the Conquest of France; because all the Money then in the Land, to be Levied by way of Subsidy, would not be any wayes able to Raise that vast Sum he desired: So having these Tenths, he sold them to private Men; and so raised Money to himself, for his Enterprize.

After this, the Speaker appointed the Committees for drawing of the Subsidy-Bill, all to hasten it; and so the House arose.

Tuesday, November 10.

A Bill to shorten Michaelmas-Term

On Tuesday, November 10. The Bill was read for shortening of Michaelmas-Term: The Substance of the Bill is, That whereas the Term begun the Nineth of October, it should begin the Twenty Third of the same Month.

A Bill for avoiding of Trifling and Frivolous Suits, in Her Majesties Courts at Westminster, was read the first time. It was put in by the Queen's Attorney-General.

A Bill for to Restrain the Multitude of Common Sollicitors, read prima vice.

A Bill for the Denization of certain Persons, was presented; and it was made in the manner of a Petition: The Beginning whereof is; To the Queen's most Excellent Majesty. The Speaker at the Reciting of the Bill, began thus; This is an Humble Petion of, &c. wherein they humbly desire to be made Denizons, and made Inheritable, and of Ability to Sue and Implead, as other Natural-Born Subjects of this Realm are: The first time of Reading.

A Bill against Blasphemous Swearing.

A Bill against Blasphemous Swearing: It was put to the Question for the Commitment, and not one No. Appointed at the Temple-Hall, on Saturday, with the Bill against Drunkenness.

A Bill for Consolidating, and Uniting of certain small Churches in Exeter, into one, read.

One spake against this Bill, who was the Bishop's Servant of Exeter; and shewed how the Patron of one of the Churches, took a piece of the Church-Yard to make a Jakes.

Mr. Martyn.

Mr. Martyn of the Temple, answered him; 'Protesting he 'meant not to speak: but seeing the General Voice of the House 'seemed to be carryed away with the Bill, and himself Born 'in the Town, he could not but speak against such a Man, as 'he that last spake; who spake more for his Master's Benefit, 'than for God's Honour. He certified divers things, which he 'that spake first, untruly spake: And wished, that the Gentle'man, (Serjeant Heale) that had Yesterday so much flattered 'his Prince, were now here, to do God and his Country good 'Service, by setting forward so good a Bill. Whereupon he prayed, it might be Committed, (which was done accordingly;) and the Committees to meet in the Middle-TempleHall.

The Person that Arrested Mr. Cook's Man, was brought in; who after a sharp Speech, delivered by Mr. Speaker, shewing that he had committed an heinous Offence, to Arrest any Member of the House his Servant; knowing that both their Persons, their Servants, Goods, and every thing they had, were Privileged during this Great Councel, How durśt you presume to do it?

To which the poor Old Man answered upon his Knees; That he knew not that his Master was of the House; but, peradventure, the Bayliff did, (quoth he.) I do acknowledge, I have offended; and humbly crave Pardon: and I protest upon my Salvation, I would not have done it, had I known his Master had been Privileged.

So the Serjeant of the House was commanded to take him away; and presently after, he was brought in again. To whom Mr. Speaker gave Councel, That himself should ever hereafter take warning hereby; and that the House receiving his modest Excuse, did pardon his Offence: And so, paying his Fees, he was Discharged. The Serjeant was commanded to lay wait for the Bayliff, but he could not be found.

A Bill to Restrain the Multitude of Idle People, which flock from all Parts of the Realm to London, and the Suburbs thereof, was read. To which Bill, Sir George Moore spake, and shewed the Unconscionableness of the Bill, that no Mechanical Person could Trade in London. And so it was Rejected, with out any one I, I, I, for the Commitment; but only Mr. Fetyplace, one of the Burgesses for London.

A Bill for the Benefit of Merchants, and Advancement of Her Majesty's Customes, (both Inward and Outward) was Read, and Committed.