thy of your princely self, and will give satisfaction and great comfort to all your loyal and most dutiful loving subjects, who do and will pray for the happy preservation of your most royal majesty. New Impositions. The policy and constitution of this your kingdom appropriates unto the kings of this realm, with the assent of the parliament, as well the sovereign power of making laws, as that of taxing, or imposing upon the subjects goods or merchandizes, wherein they have justly su h a propriety, as may not without their consent be altered or changed. This is the cause that the people of this kingdom, as they ever shewed themselves faithful and loving to their kings, and ready to aid them in all their just occasions with voluntary contributi us; so have they been ever careful to preserve their own liberties and rights, when any thing hath been done to prejudice or impeach the same. And therefore, when their princes, occasioned either by their wars, or their over great bounty, or by any other necessity, have with out consent of parliament set impositions either within the land or upon commodities enhe. exported or imported by the merchants; they have in open parliament complained of it, in that it was done without their consents; an! :hereupon never fuled to obtain a speedy and full redress, without any claim made by the kings of any power or prerogative in that point. And though the law of propriety be originally and carefully preserved by the common laws of this realm, which are as ancient as the kingdom itself; yet these famous kings, for the better contentment and assurance of their loving subjects, agreed, that this old fundamental right should be farther declared and established by act of parliament: wherein it is provided, that no such charges should ever be laid upon the people, without their common consent; as may appear by sundry records of former times. comfort to them which now suffer; partly through the abating the price of native comnodities, and partly through the raising of all foreign to the overthrow of merchants and shipping; the causing of a generall dearth and decay of wealth among your people, who will be hereby no less discouraged than disabled to supply your majesty, when occasion shall require it. Ecclesiastical Commissions. Whereas by the statute 1 Eliz. cap. 1. intituled An Act restoring to the crown the ancient Jurisdiction over the state Ecclesiastical,' &c. power was given to the queen and her successors, to constitute and make a commission in causes ecclesiastical; The said act is found to be inconvenient and of dangerous extent in divers respects: 1. For that it enableth the making of such a commission, as well to any one subject born as to more. 2. For that, whereas by the intention and words of the statute, ecclesiastical jurisdiction is restored to the crow, and your highness by that statute enabled to give only such power ecclesiastical to the said commissioners; yet under colour of some words in that statute, where the commissio..ers are authorised to execute their commission, according to the tenor and effect of your highness letters patents, and by letters patents ground thereupon; the said commissioners do fine and imprison, and exercise other autority not belonging to the ecclesiastical jurisciction restored by that statute; which we conceive to be a great wrong to the subject; and that those commissioners might as well, by colour of those words, if they were so authorised by your highness's letters patents, fine without stint, and imprison without limitation of time; as also, according to will and discretion, without any rules of law, spiritual or temporal, adjudge and impose utter confiscation of goods, forfeiture of lands; yea and the taking away of a limb, and of life itself; and this for any matter whatsoever pertaining to spiritual jurisdiction. Which never was nor could be meant by the makers of that law. 3. For that by the statute, the king and his successors (however your majesty hath been pleased out of your gracious disposition otherwise to order) may make and direct such commission into all the counties and dioceses, yea into every parish of England; and thereby all causes may be taken from jurisdiction of bishops, chancellors and archdeacons, and laymen solely to be en We therefore, your majesty's most humble commons assembled in parliament, following the example of this worthy care of our ancestors, and out of a duty to those for whom we serve, finding that your majesty, without advice or consent of parliament, hath lately in time of peace set both greater impositions, and far more in number, than any your noble ancestors did ever in tune of war, have with all humility presumed to present this most just and necessary Petition unto your majesty, that all impo-abled to excommunicate and exercise all other sitions set without the assent of parliament may be quite abolished and taken away and that your majesty, in imitation likewise of your noble progenitors, will be pleased, that a law may be made during this session of parliament, to declare, that all impositions set or to be set upon your people, their goods or merchandises, save only by common assent in parliament, are and shall be void; wherein your majesty shall not give your subjects good satisfaction in point of their right, but also bring exceeding joy and censures spiritual. 4. That every petty offence, pertaining to spiritual jurisdiction, is by colour of the said words and letters patents, grounded thereupon, made subject to excommunication and purishment by that strange and exorbitant power and commission; whereby the least offenders, not committing any thing of any enor mous or high nature, may be drawn from the most remote places of the kingdom to London or York; which is very grievous and inconvenient. 5. For that limit touching causes subject to this commission, being only with these words; viz. such as pertain to spiritual or ecclesiastical jurisdiction;' it is very hard to know what matters or offences are included in that number: and the rather because it is unknown, what ancient canons or laws spiritual are in force, and what not. From hence ariseth great inconveniency, and occasion of contention. And whereas upon the same statute a Commission Ecclesiastical is made, therein is grievance apprehended thus: 1. For that thereby the same men have both spiritual and temporal jurisdiction, and may both force the party by oath to accuse himself of any offence, and also enquire thereof by a jury: and lastly, may inflict for the same offence at the same time, and by one and the same sentence, both a spiritual and a temporal jurisdiction. 2. Whereas upon sentences of deprivation or other spiritual censures given by force of ordinary jurisdiction, an appeal lyeth for the party aggrieved, that is here excluded by express words of the commission. Also here is to be a trial by jury, yet no remedy by traverse nor attaint; neither can a man have any writ of error, though a judgment or sentence be given against him, amounting to the taking away of all his goods, and imprisoning of him during life, yea, to the adjudging him in case of præmunire, whereby his lands are forfeited, and he out of the protection of the law. 3. That whereas penal laws and offences against the same cannot be determined in other courts, or by other persons than by those trusted by parliament with the execution thereof; yet the execution of many such statutes (divers whereof were made since the first of Eliz.) are commended and committed to these commissioners ecclesiastical, who are either to inflict the punishment contained in the statute being pramunire, and of other high nature, and so enforce a man upon his own oath to accuse and expose himself to those punishments, or else to inflict other temporal punishments at their pleasure. And yet besides and after that done, the party shall be subject, in the courts mentioned in the acts, to punishment by the same acts appointed and inflicted. Which we think very unreasonable. 4. That the commission giveth authority to enforce men called into question, to enter into recognizance, not only for appearance from time to time, but also for performance of whatsoever shall be by the commissioners ordered. And also that it giveth power to enjoin parties defendant or accused to pay such fees to the ministers of the court, as by the commissioners shall be thought fit. And touching the execution of the commission, it is found grievous these ways among other: 1. For that laymen are by the commissioners punished for speaking (otherwise than in judicial places and courses) of the simony and other misdemeanors of the spiritual men, though the thing spoken be true, and the speech tending to the inducing of some condign punishinent. 2. In that these commissioners usually appoint and allot to women discontented at and unwilling to live with their husbands, such portion and allowance for present maintenance, as to them shall seem meet; to the great encouragement to wives to be disobedient and contemptuous against their husbands. 3. In that their pursuivants and other ministers employed in the apprehension of suspected offenders in any thing spiritual, and in the searching for any supposed scandalous books, use to break open mens houses, closets, and desks, rifling all corners and secret custodies, as in cases of high treason or suspicion thereof. All which premises, amongst other things considered, your majesty's most loyal and dutiful commons in all humbleness beseech you, that for the easing of them, as well from the present grievance, as from the fear and possibility of greater in times future, your highness would vouchsafe your royal assent and allowance to and for the ratifying of the said statute, and the reducing thereof, and consequently of the said commission, to reasonable and convenient limits, by some act to be passed in the present session of parliament. Proclamations. Amongst many other points of happiness and freedom, which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there is none which they have accounted more dear and precious than this, to be guided and governed by certain rule of law, which giveth both to the head and members that which of right belongeth to them; and not by any uncertain or arbitrary form of government.Which, as it hath proceeded from the original and constitution and tenperature of this estate, so hath it been the principal means of upholding the same in such sort, as that their kings have been just, beloved, happy and glorious; and the kingdom itself peaceable, flourishing and durable, so many ages. And the effect, as well of the contentinent that the subjects of this kingdom have taken in this form of government, as also of the love, respect and duty, which they have, by reason of the same, rendered unto their princes, may appear in this, that they have, as occasion hath required, yielded more extraordinary and voluntary contributions to assist their kings, than the subjects of any other known kingdom whatsoever.-Out of this root hath grown the indubitable right of the people of this kingdom, not to be made subject to any punishment that shall extend to their lives, lands, bodies or goods, other than such as are ordained by the common-laws of this land, or the statutes made by their common consent in parliament.-Nevertheless, it is apparent, both that Proclamations have been of late years much more frequent than heretofore, and that they are extended, not only to the liberty, but also to the goods, inheritances, and livelihood of men; some of them tending to alter some points of the law, and make them new: Other some made shortly after a session of some points of the law, and making new: 11 Jan. 1 Jac. fol. 57. forhiddeth chusing of knights and burgesses bankrupt or outlawed; and commandeth choice of such as are not only taxed to subsidies, but also have ordinarily paid and satisfied the same, fol. 57.-If returns be made contrary to proclamation, they are to be rejected as unlawful and insufficient, fol. 60. -25 Aug. 5 Jac. fol. 151. That the Proclamation should be a warrant to any officer or subject to seize starch, and to dispose or destroy any stuff, &c. And restraineth all men not licenced to make starch, fol. 154. 2. A Proclamation made shortly after parliament, for matter directly rejected the precedent session: 1 March, 2 Jac. fol. 112. A proclamation for building with brick, after a bill to that end rejected. Parliament, for matter directly rejected in the same session: Other appointing punishments to be inflicted before lawful trial and conviction; Some containing penalties in form of penal statutes; Some referring the punishment of offenders to the courts of arbitrary discretion, which have laid heavy and grievous censures upon the delinquents: Some, as the proclamation for starch, accompanied with letters commanding enquiry to be made against transgressors at the quarter sessions: And some Vouching former Proclamations, to countenance and warrant the latter; as by a catalogue hereunder written more particularly appeareth. By reason whereof there is a general fear conceived and spread amongst your majesty's people, that Proclamations will by degrees grow up and increase to the strength and nature of laws. Whereby not only that ancient happiness [free- 3. Proclamations touching the freehold livedom] will be as much blemished (if not quite lihood of men: 16 Sept. 1 Jac. fol. 41. Raistaken away) which their ancestors have so longing and pulling down houses authorised, and enjoyed; But the same may also in process of tune) bring a new form of arbitrary government upon the realm. And this our fear is the more increased, by occasion as well of certain books lately published, which ascribe a greater power to proclamations than heretofore hath been conceived to belong unto them: as also of the care taken to reduce all the Proclamations made since your majesty's reign into one volume, and to print them in such form as acts of parliament formerly have been, and still are used to be; which seemeth to imply a purpose to give them more reputation and more establishment than heretofore they have had. We therefore, your majesty's humble subjects, the commons in this parliament assembled, taking these matters into our consideration, and weighing how much it doth concern your majesty both in honour and safety, that such impressions should not be inforced to settle in your subjects minds, have thought it to appertain to our duties as well towards your majesty, as to those that have trusted and sent us to their service, to present unto your majesty's view these fears and griefs of your people; and to become humble suitors unto your majesty, that thenceforth no fine or forfeiture of goods, or other pecuniary or corporal punishment, may be inflicted upon your subjects, (other than restraint of liberty, which we also humbly beseech may be but upon urgent necessity, and to continue but 'till other order may be taken by course of law) unless they shall offend against some law or statute of this realm in force at the time of their offence committed; and for the greater assurance and comfort of your people, that it will please your majesty to declare your royal pleasure to that purpose, either by some law to be made in this session of parliament, or by some such other course, whereof your people may take knowledge, as to your princely wisdom shall seem most convenient. A Catalogue of some of the Proclamations complained of. 1. Proclamations importing alterations of prohibition to build them again at any time.12 Oct. 5 Jac. fol. 160. Forbidding building and taking away the materials; and appointing the owners land to be lett by other men at what price they please, fol. 101. 4. Proclamations, referring punishments to be done by justices of the peace, mayors, bailiffs, constables, and other officers; or seizure by persons who have no authority to enquire, hear and determine of those offences; so it is to be inflicted before lawful trial and conviction. 8 Jan. 2 Jac. fol. 72. A proclamation for folding wools, &c. 23 August, 5 Jac. fol. 151. A seizure of starch, &c. 5. Proclamations penned with penalties, in form of penal statutes: 4 Nov. 1 Jac. fol. Pain of confiscation of goods. 18 Jan. 2 Jac. fol. 72. Ten days imprisonment, and standing in the pillory.-Justices of peace to forfeit 201. if they see not the proclamation of folding woolls executed. 23 Aug. 5 Jac. fol. 151. Forfeiture of one moiety of starch, &c. seized, &c. 6. Punishment of offenders in courts of arbitrary discretion, as Star-Chamber: 1 March, 2 Jac. fol. 102, Proclamation for building.-12 Oct. 5 Jac. fol. 159, a Proclamation for building.-July, 6 Jac. fol. 177, Proclamation for starch.-25 July, 6 Jac. fol. 180, Proclamation for building. 7. Former Proclamations become precedents, and vouched in latter Proclainations. 18 June, 2 Jac. fol. 75, avouched 5 Ed. 6. and 4 Eliz. fol. 73.-25 July, 6 Jac. fol. 180, mentioneth former Proclamations against buildings, and explaineth and qualifieth them. Writs of Prohibition, &c. Your majesty's commons, in this session of parliament assembled, do chearfully acknowledge the spring and fountain of public justice of this state to be originally in your majesty. For the benefit thereof is conveyed and derived into every member of this politic body by your highness's writs. Amongst which none are more honourable for the support of the common justice of the been brought at the common law, whereby that question might have come to decision, the plaintits have been stopped, sometimes by Injunctions out of your majesty's court of Chancery from their proceedings, sometimes before, sometimes after judgments, and also by imprisonment :-The precedents of which proceed dutiful subjects of this kingdom, as well in respect of the stopping of the free course of justice, as also by reason that if that kind of jurisdiction were at first extended over these four counties, and be now still continued without warrant of law; the consequence of this exam realm, than the writs of Prohibition, Habeas Corpus, et de hominé replegiando : which writs have been ever held and found to be a chief means of relief unto the poor, di tressed and oppressed subjects of this kingdom, and can be no inconvenience at all: seeing they are no way conclusive against any man, and do draw no benefit to the procurers, but rather a fruit-ings do concern ail your majesty's loyal and less charge, if they be obtained upon any unjust ground or pretence.-In the free granting of, and proceeding upon, some of which writs, especially that of Prohibition, there hath of late been observed to be some obstruction, by reason that upon the complaints and the importunity of some, who desire the support of in-ple may in future times give countenance to ferior courts against the principal courts of the the crecting of like jurisdictions in other places common law, (wherein your majesty hath been of this realm. greatly troubled) you have taken into your royal consideration the several extents of the jurisdiction of the said several courts. Since which time the said writs have been more sparingly granted, and with stricter cautions than anciently hath been accustomed. It is therefore most humbly desired that it may please your majesty, whose glory is never more conspicuous than when the poorest of the commonalty are blessed with the influence of the ancient beams of justice, to require your judges in the courts of Westminster to grant the said writs, in cases wherein such whits do lye, and by law afe grantable; and in such sort as that such persons whose bodics being either committed to prison, or their causes like to recover great prejudice by proceedings against them in times of vacation, may not be debarred nor deferred from having the speedy relief and benefit of those Writs, more than in former times. Four Shires near Wales. Forasmuch as the exercise of authority over the counties of Gloucester, Hereford, Wigorn, and Salop, by the president and council of Wales, by way of Instructions upon a pretext of a statute made in the 34th year of the reign of king Henry 8, is conceived not to be warranted by that, or any other law of this realm of England.-And for that in the second session of this present parliament, there did a bill pass the house of commons, whereby it was declared that the true intent and meaning of that before mentioned statute was not thereby to subject these counties to that kind of govern ment by Instructions; and yet notwithstanding the inhabitants of those counties are since utterly discouraged, and in effect debarred from the tryal of the right of that kind of jurisdiction over those counties, by the ordinary course of the common laws of this land, by reason of Prohibitions which were heretofore frequently granted, upon suggestion that those counties are not part of Wales, or of the mishes of the same, which is the very point in question, are now very hard to be obtained, except in cases where those of that council do exceed the instructions set down to them by your majesty: As also for that, in cases where actions have And forasmuch as your majesty was pleased to command all the judges to consider of this question, and that they thereupon bestowed very many days in hearing the cause argued by learned counsel on both sides, and in viewing and considering great numbers of records, produced before them concerning that cause; whereby they have, no doubt, truly informed themselves of the right. It is therefore the most humble petition of the commons in this present parliament assembled, that your most excellent majesty will also be pleased to command, that the judges may deliver their opinion upon that so ex ict and deliterate hearing, which was had before them, concerting the right of the aforesaid jurisdiction over those four counties, by force of that statute; and that the opinion which they shall deliver therein, may be in such sort published, as that all your majesty's subjects whom it may concern, may have means to take knowledge thereof; and that your majesty will vouchsafe to declare it, by your most princely pleasure, that any of your majesty's subjects, who may have occasion thereof, may try his or their right in that point, by the due and ordinary course of the com non law, either by suing out of Prohibitions, or any other your majesty's writs, without restraat; and that if the said jurisdiction over these tour counties shall appear to your majesty by the opinion of the judges, or otherwise, not to be warranted by law, that then your majesty will be pleased, out of your most princely and gracious favour towards all your loyal dutiful subjects, to order the ceasing of the said jurisdiction over those counties, to the great comfort of the inhabitants of those counties, and of the rest of your subjects of all the kingdom. New Drapery. Complaint was made in all bumble manner, the second session of this present parliament, of many disorders, outrages, and oppressions, committed upon occasion of letters patents granted to the duke of Lenox, for searching and sealing of studs and manufactures, called by the name of New Draperies-Which patent we held in all, or the most part of it, to be questionable, and in many apparently unlaw ful, and the execution thereof we found majesty, amongst other grievances of your peostretched by the farmers and deputies beyond ple, in the second session of this present parliathe extent of the said letters patents, as ap-ment, your highness was pleased to answer, that pears in the particulars set down in the said your grants in that behalf were no other than grievance. To which it pleased your majesty such as were warrantable by the laws.-Whereto give this gracious answer; that the validity as the grievance was the greater, for that all of the said patent should be left to be judged laws concerning the sale of Wines being intendby the law, and whensoever any abuse arising ed and conceived to stand and be repealed, in the execution thereof should appear, it there were nevertheless, by the oversight of them should severely be punished.'-Which was which were trusted in that business, casually for that time to our good satisfaction.-Yet omitted, and left unrepealed, certain obsolete finding by divers complaints made now in par- laws impossible to be observed; as namely, liament, that not only the said letters patents one, in the time of king Edward 1. commanding are still in force, and the validity of them un- Wines to be sold at 1s. the sextern; and one decided by judgment, but disorders in the exe- other made in the 28th year of king Henry 8, cuion of them, are so far from being reformed, prohibiting all persons, under penalty, to sell that they multiply every day, to the grievance any French Wines above 8d. the gallon; and of your majesty's subjects; and those of the other Wines, as sacks and sweet Wines, above poorer sort, who exercising these manufactures, 1s. the gallon:-And one branch of a statute are subject to much oppression, to the great made in the 7th year of king Edward 6, prohi hindrance of some, and utter undoing of many, biting men to sell any Wines by retail in their as hath appeared in the particularities of the houses. complaints presented to us. Whereupon your majesty hath been induced Our humble desire is, that your majesty will and drawn to ground new patents of dispensabe pleased, according to your former resolu- tion, and to grant the benefit thereof unto the tion, to give order that this cause, which hath lord admiral-Whereby the like discommodithus long hung in suspence, be speedily brought ties and inconveniencies have since ensued unto to judgment; and that before all the judges, the commonwealth, as formerly did arise and because it concerneth all the subjects of the grow upon the other repealed laws, whereof in land; and in the mean time that the execution the foriner petitions of your subjects, exhibited of the said letters patents, so far forth as they unto your majesty in the said second session, concern the said New Drapery, may be suspend-your highness never had any direct and clear ed till judgment be given: whereby your sub- information: jects, who do in all humility present this grievance unto your majesty, may be relieved, and have no occasion to reiterate their complaints. Licence of Wines. Whereas by ancient and late statutes it hath been enacted, that Wines should be retailed at such low rates and prices, as for this 50 years past they could not be afforded; and for redress thereof, it was ordained by a statute in the 5th year of the late queen Elizabeth, that (those former laws notwithstanding) Wines might be sold at such prices, as by proclamation from time to time to be made by consent of many great offences, should be published and set down which proclamation, nevertheless, the late queen and your most excellent majesty have been drawn to forbear, upon the earnest suit of certain persons, who therein only intended their private gain by reason whereof, both great sums of money in fines, rents, and annual payments, have been gotten and raised unto the said persons, and their assignees, and great damage and prejudice hath likewise fallen and light upon your people; not only by enhancing the prices of wines, licencing over-many taverns, and appointing of unmeet persons, in unfit places, to keep the same; but also by reason that corrupt, mingled, evil, and unwholesome Wines have been uttered and sold, to the great hurt of the health of your highness's people: one man sometimes engrossing all the licences designed for that place. Whereupon complaint being made to your VOL. II. May it therefore please your most excellent majesty, at the humble request of your commons, (who have taken into consideration the greatest charges and expences which the said lord admiral hath been at in your majesty's service, and have considered likewise the present licences and grants, for valuable considerations unto many hundreds of your highness's subjects, which, without great loss to the said grantees, cannot be so suddenly made void) out of your princely wisdom and goodness, wherein you have professed not to extend and strain your prerogative royal, against the public good of your people, for the particular gain of any private persons, to vouchsafe: that from thenceforth there may no more grants of that nature be made unto any of your subjects whonisoever; but that the said statute of the 5th of Elizabeth for the apprising of Wines, to be published by proclamation, as time and occasion shall require, may be put in execution: and that your majesty will likewise vouchsafe to grant your royal assent to a bill of repeal of the said obsolete statutes, and all other whereupon any such non obstantes and dispensations might be grounded.--In which statute of repeal, pro vision shall be made for the indemnity of all such, as under your majesty's great seal have already procured Licence for such sale of Wines. Ale-houses. Whereas by the laws of this your majesty's realm of England, no taxes, aids, or impositions of any kind whatsoever, ought or can be laid 2 ปี |