« VorigeDoorgaan »
realm, than the writs of Prohibition, Habeas | been broughê at the common law, whereby Corpus, et de homine replegiando : which writs that question might have come to decision, the have been eier held and found to be a chief plaintis save been stopped, sonetine by inmeans of reiet unto the poor, di tressed and junctions ost of your majesty's couit or Chanoppressed sutjects of this kingdom, and can be cery from their proceedings, soctine's betöre, no inconvenience at all: seeing they are sometimes atier judgme its, and ais.) by impriway conclusive against any man, and do draw sonment :-Tue précedenis of which proceedno benefit to the procurers, but rather a fruit. ings do concern all your majesty's loyal and less charac, if they be obtained upon any onjust duritul subjects of this kingdom, as well in reground or pretence.- In the tree grauiting of, / spect of the stopping of the fiee course of jus. and proceeding up in, some of which writs, lice; as also by reason that if wat kin i of jurisespecially that of Prohii ition, tiere hath of diction were at first extended over these tuur late been observed to be some obstruction, by contien, and be now still continued without reason that upon the complaints and the in warrant of law; the consequence of this exame portunity of some, who desire the support of i'r ple may in future times giie countenance to ferior courts against the principal courts of the ihe erecting ot like jurisdictions in other places common law, (wherein your majesty bath been of tuis realin. greatly troubled, you have taken into your And foras'nuch as your majesty was pleased royal consinleration the several extents of ibe: to commuind all the judges to consider of this jurisdiction of the said s. veial courts.- Since que tio", und that they tereupon bu stowed which time the said writs have been more spare very muy dys li hearing the cituse argued by ingly granted, and with stricter cautions than leained counsel on both sides, and in viewing anciently bath been accustomed.
and considering great nuinbers of records, proIt is therefore most hudbly desired that it duced berre trem concerning that cause; may please your in:jesiy, whose glory is never wherely ti'ey have, no duubi, truly informed more conspicuous than when the poorest of themselves of the right. the cominonalty aie blessed with the influence It is therefore the most humble petition of of the ancient beams of justice, t) require your the commons in this present parliament assem. juriges in the courts of Westminster to grant bled, that your mo-t excellent majesty will also the said writs, in cases wherein such wit go be pleased to com vaid, thit the judges my lye, and by law are gra table; and in wuch deliver their opinion on that so ex ici and desort as that such persons whose bodies being li' erate hearing, which was had before then, either committed to prison, or their causes lihe concerning the right of the at reaiid jurisdic. to recover great prejudice by proceedings in over those four counties, by force of that against them in times of vacation, may not be statute; and that the opinion while they shall debarrert nor deferred from having the speedly deliver therein, may be in such surt published, relief and beneht of those Wriis, more than in as that all your majesty's subjects whom it former times.
may concern, may have means to take know
ledge thereof; and that your majesty will Four Shires near Wules.
vouchsale to declare it, bv yiur most prmcely Forasmuch as the exercise of authority over pleasure, that any of your majesty's subjects, the counties of Gloucester, Hereford, Wigorn, who may bave occa:jo. thereut, may try his or and Salop, by the president and council of their right in that point, by the dur and ordiWales, by way of Instructions upon a pretext nary course of the common law, either by suing of a statute made in the 31th year of the reign out of Prohibitions, or any other vour inajesty's of king Henry 8,15 comceived not to be war writs, without restritut; and that it ihe said ranted by that, or any other law of this realm jurisdiction over these tour counti's shall apof England. - And foi that in the second ses
pear to your majesty ry the opiwn of the sion of this present parliament, there did a bill judges, or otherwise, not to be warrante! by pass the house of commons, whereby it was de- law, that then your majesty w ll be pleased, clared that the true iutent and meaning of ihat ont of your most piincely and gracious favour before mentioned statute was not thereby to towards all your loyal dutiful subjects, to order subject these counties to that kind of govern. the ce :sing of the said jurisilieti'n over those ment by Instructions; and yet notwithstanding counties, to the great comfort of beini abitants the inhabitants of those counties are since ut. of those co intits, and of the rest of your subterly discouraged, and in eifect debarred troinjects of all the kingdom. the tryal of the right of that kind of jurisdiction over those counties, by the ordinary cwurze
New Drapery. of the cominon kunts of this land, by renson o Complaint was made in all bumible manner, Prohibitions which were berettore frequentiv the second session of this present parliament, granted, upon sugestion that those countie's of many disorders, outrages, and oppressions, are not part of Wales, or of the mutahes of the committed upon occasion of letters patents same, which is the very point in question, are urantert to the duhe of Lenox, for searching now very hard to be obained, except in cases and sealing of stutis and manufactures, called where thiuse of that council do exreed the jne by the name of New Draperies - Which patent structions ser down to theiu by your majesty: we held in all, or the most part of it, to be Is also for that, in cases where actions have questionable, and in many apparently unlaiv
ful, and the execution thereof we found majesty, amongst other grievances of your peo-
of the said patent should be left to be judged laws concerning the sale of Wines being intend-
Whereupon your majesty hath been induced
greatest charges and expences which the said
lord admiral hath been at in your majesty's sero Whereas by ancient and late statutes it hath vice, and have considered liben ise the present been enacted, that Wines should be retailed at licences and grants, for valuable considerations such low rates and prices, as for this 50 years unto many hundreds of your lughness's subjects, past they could not be afforded; and for re- which, without great loss to the said grantees, dress thereof, it was ordained by a statute in cannot be so suddenly made void) out of your the 5th year of the late queen Elizabeth, that princely. wisdom and goodness, wherein you (those former laws not withstanding)Wines might have professed not to extend and strain your be sold at such prices, as by proclamation from prerogative royal, against the public good of time to time to be made by consent of many your people, for the particular gain of any prigreat offences, should be published and set vate persons, to vouchsate : that from thencedown : which proclamation, nevertheless, the forth there may no more grants of that nature late queen and your most excellent majesty have be made unto any of your subjects whonisobeen drawn to forbear, upon the earnest suit of ever; but that the said statute of the 5th of certain persons, who therein only iutended their Elizabeth for the apprising of Wines, to be pubprivate gain : by reason whereof, both great lished by proclamation, as time and occasion sums of money in fines, rents, and annual pay- shall require, may be put in execution : and ments, have been gotten and raised unto the that your majesty will likewise vouchsafe to said persons, and their assignees, and great da grant your royal assent to a bill of repeal of the mage and prejudice hath likewise fallen and said obsolete statutes, and all other whereupon light upon your people; not only by enhancing any such non obstantes and dispensations might the prices of wines, licencing over-many taverns, be grounded.--In which statute of repeal, proand appointing of unmeet persons, in unfit vision shall be inade for the indemnity of all places, to keep the same; but also by reason such, as under your majesty's great seal have that corrupt, mingled, evil, and unwholesome already procured Licence for such sale of Wines, Wines have been uttered and sold, to the great hurt of the health of your highness's people :
Ale-houses. one man sometimes engrossing all the licences Whereas by the laws of this
majesty's designed for that place.
realın of England, no taxes, aids, or impositions Whereupon complaint being made to your of any kind whatsoever, ought or can be laid
or imposed upon your people, or upon any of, without just and reasonable cause, cannot be
Wherefore your said commons, knowing the ginning in some one part, do by tract of time, grief of your people in this behalt, do (accord- and by degrees, get possession of the whole, ing to their duties) in all humility in forn and unless by applying of wholesome and proper signify unto your majesty : 1. That the said remedies in due time they may be prevented, taxation being singular and without example, which, as it is in many things very visible, so it and it is in itself a precedent of dangerous con- is in nothing more apparent than in this matter sequence, and (as your people fear) may easily of Impositions: which beginning at the first, (in time) be extended further, as to badgers of ether with foreign commodities brought in, or corn, makers of malt, drovers of cattle, and such of your own as were transported, is now such like, whu in such sort are to be licenced by extended to those commodities, which growing justices of the peace, as those persons are, upon in this kingdom are not transporter, but utterwhoin, at this time, this present tax is charged ed to the subjects of the same: For proof and laid. 2. Such houses being oftentiines, at «hereof, we do in all humility present unto the best, harbours of idleness, drunkenness, your majesty's view the late imposition of one whoredom, and all manner of villanies, the shilling the chuldron of Sea-Coals, rising in Blich licences are now, (the honester sort in inost and Sunderland, not by virtue of any contract places refusing to undergo the new charge) or grant, as in the coals of Newcastle, but rented and taken by the looser and baser sori ot under a mere pretext of your majesty's most people, who have no conscience how they gain. royal prerogative: Which imposition is not By reason whereof all manner of vice and evil only grievous for the present, especially to those behaviour is likely every day to increase of the poorer sort, the price of whose only and Neither can the justices of the peace conve most necessary fuel is thereby to their great niently prevent the same: for that the persons grief enhanced, but dangerous also for the fulicenced' under the late contribution, affirm ture, considering that the reason of this precewith clamour, that they have a toleration for a dent may be extended to all the commodities year, and that such persons are not friends unto of this kingdom. the crown that seek to suppress thein, and May it therefore please your most excellent thereby to diminish your majesty's revenues. majesty, which is the great and sovereign phy
Thirdly, many justices of the peace, (being sician of the estate, to apply such a reinedy as sworn to execute their office) which for this this disease riay be presently cured, and all particular conceive to be, that Ale-house keep- diseases for time to come of like nature preers formerly licenced, are not to be suppressed / vented.
Speech of Sir Francis Bacon to the King, the 7th of July 1610, on presenting the
Petition to his Majesty, who was attended on the Occasion by sir Francis and
eleven other Members; taken from 2 Bacon's Works, 4to ed. p. 212. Most. gracious Sovereign ; The knights, citi- | any additional preface, were neither warranted zens, and burgesses assembled in parliament, in nor convenient; especially speaking before a the house of your commons, in all humbleness king, the exactness of wbose judgment onght to do exhibit and present unto your most sacied scatter and chase away all unnecessary speech majesty, in their own words, mugh by my as the sun doth a vapour. This only I must hand, their Petitions and Grievances. They are say. Since this session of parliament we have here conceivell and set down in writiny, accord- seen your glory in the soleminity of the creativn to ancient custom of parliament; they are also of this most noble prince ; we have heard your preficed according to the manner and taste of wisdoin 10 sundry excellent speeches which you these later times. Therefore for me to make have delivered amongst us. Now we hope to
find and feel the effects of your goodness, in | bind us to wish unto your life fulness of days, your gracious answer to these our petitions. and unto your line royal a succession and conFor this we are persuaded, that the attribute, tinuance even unto the world's end. which was given by one of the wisest writers to It resteth that unto these petitions here intwo of the best emperors, divus Nerva et divus cluded I do add one more that goeth to them alle • Trajanus,' so saith Tacitus, 'res olim insocia- which is, that if in the words and frame of
biles iniscuerunt, imperium et libertatem,' them there be any thing offensive; or that we may be truly applied to your majesty For have expressed ourselves otherwise than we never was there such a conservator of regality should or would; that your majesty would in a crown, nor ever such a protector of lawful cover it and cast the veil of your grace upon freedom in a subiect.
it; and accept of our good intentions, and Only this, Excellent Sorereign, let not the help them by your benign interpretation. sound of grievances, though it be sad, seem Lastly, I am most humbly to crave a particuharsh to your princely ears. It is but gemitus lar pardon for myself that ha 'e used these few columbæ, the mourning of a dove, with that pa- words; and scarcely should have been able to tience and humility of heart which appertaineth have used any at all, in respect of the reverence to loving and loyal subjects. And far be it which I bear to your person and judgment, had from us, but that in the midst of the sense of I not been somewhat reliever and comforted by our grievaures we should remember and ac the experience, which in my service and access knowledge the infinite benefits, which by your I have had of your continual grace and fa majesty, next under God, we do enjoy; which
84. The Conviction and Attainder of ROBERT LALOR, Priest, being
indicted on the Statute of the 16th Rd. II. cap: 5, commonly called, The Case of Præmunire in Ireland. Hill. 4 JAMES I. A.D. 1607.
[From Sir John Davies’s Reports.) THIS Robert Lalor, being a native of this majesty, because the king is not of the pope's kingdom, received his orders of priesthood religion. above 30 years since at the hands of one Lalor's first Indictment and Conviction. Richard Brady, to whom the pope bad given the title of bishop of Kilmore in Ulster; and
The next term after he was indicted upon for the space of 20 years together bis authority the statute of 2 Eliz
. enacted in this realm and credit was not inean within the province against such as should wilfully and advisedly of Leinster. He had also made his name
maintain and uphold the jurisdiction of any known in the court of Rome, and held intelli- foreigo prince or prelate in any canses ecclesigence with the cardinal who was protector of astical or civil within this realm. By which this nation; by means wbereof he obtained statute the first offerce of that kind is punished the title and jurisdiction of Vicar-General of with loss of goods, and one year's imprisonthe See Apostolick, within the arch-bishoprick ment; the second offence incurreth the penalty of Dublin and the bishopricks of Kildare and of the præmunire;. and the third offence is Fernes. This pretended jurisdiction, extend-made high treason. Upon this indictment he ing we'l-nigh over all the province of Leinster,
was arraigned, convicted and condemned, and he exercised boldly and securely many years without any farther question. He then made
so rested in prison during the next iwo terms together, until the proclamation was published, whereby all Jesuits and priests ordained by fo? petition unto the lord-deputy to be set at lireigo authority were comunanded to depart out berty: whereupon his lordship caused him to of this kingdom by a certain time prefixed. be examined by sir Oliver St. John, sir James After which time he began to lurk and to
Fullerton, sir Jeffery Fenton, the Attorney and change bis name. Ilow beit at last he was ap- sive and indirect answers; but at last volunta
Solicitor-General. At first he made some evaprehended in Dublin, and committed to prison in the Castle there. Upon his first Examina- rily and freely he made this ensuing Acknowtion taken by the lord deputy himself, he ac
ledgment or Confession, which being set down knowledged that he was a priest, and ordained in writing word for word as he made it, was by a popish titulary bishop; that he had ac- advisedly read by him, and subscribed with his cepled the title and office of the Pupe's Vicar
own hand, and with the hands of those who General in the three dioceses before-named, firined it by his oath before the lord-depuly
took his examination; and afterwards he conand had exercised spiritual juri-diction in foro conscientia ; and in sundry other points he
and council. maintained and justified the pope's authority. Lalor's Confession or Acknowledgment. Only he said, he was of opinion that the pope First, he doth acknowledge, that he is not bad, no power to excoininunicate or depose his a lawful Vicar-General in the dioceses of Dube
lin, Kildare and Femes, and thinkoth in his , within this kingdom of Ireland. 2. That by conscience that he cannot lawfully take upon pretext or colour of that bull or brief he was him the said utlice.--Iiem, he dich acknow- constituted Vicar-General of the see of Rome, le lyf our sovereign lord king James, that now and took upon him the stile and title of Vicaris, to be his lawlut chief and supreme governor General in the said several dioceses. 3. That in all causis, as well ecclesiasticid as civil, and lie did exercise ecclesiastical jurisdiction as that he is bound in conscience to obey bin in Vicar-General of the see of Rome, by institutall die said cruses; and what neither the pope, ing divers persons to benefices with cure of soor any other foreign prelate, prince or poten- souls, by granting dispensations in causes matité, math any power to control the king in trimonial, by pronouncing semences of divorce any chloine ccresid-tical or civil within this king- between divers married persons, and by doing during or any of his maje-iy's dominions.-Item, all other acts and things pertaining to episcohe 10th it his conscience believe, that all bi- pal jurisdicuon, within the said several diosh.); ord med and made by the king's autho- ceses, against our sovereign lord the king, his thany within any of lois doininions are lawful crown and dignity royal, and in contempt of bichofs; and that no bishop made by the pope, bis majesty, and disherison of his crown), and or by any kubrity derved from the pope, contrary to the form and effect of the statute, within the king's dominions, bath any power or &c. authority to impun, disannul or controul any To this Indictment Lalor pleaded Not Guilait done by any bishop inade by his inajesty's ty; and when the issue was to be tried, the authority as aforesaid.-Iten, be professeth vame and reputation of the mar, and the nahimself willing and ready to obey the king, as ture of the cause, drew all the principal gentlea good and obedient subject ougit to do, in all meo both of the pale and provinces that were his lawful commandments, either concerning in town to the bearing of the matter. At his function of priesthood, or any other duty which time a substantial jury of the city of belonging to a good subject.
Dublin being sworn for the trial, and the points Atier this Confession made, the state here of the indictment being opened and set forth had no purpose to proceed against him severe. by the king's serjeant; the attorney-general ly, either for his contempt of the p.oclamation, thought it not impertinent, but very necessary, or offence against the law : so as he bar more before he descended to the particular evidence liberty than before, and many of his friends against the prisoner, to intorm and satisfy the had access into him; who telling him what bearers in two points. 1. What reason moved ther heard or his Confession, he protested unto us to ground this indictment upon the old stathem, ihai he had only achnow ledged the king's tute of 16 Rich. 2, rather than upon some civil and teipporal power, without any confes- other later law made since the time of Hen. 8. sion or admittance of his authority 10 spiritual 2. What were the true causes of the making
This being reported unto the lord of this law of 16 Rich, and other formal laws deputy by sundry grotlemen, who gave faith against provisors, and such as did appeal to unto whai he said, his lordship thought fit, that the court of Rome in those times, when both since lie had incurred the pain of pramunire, the prince and people of England did for the by exercising episcopal jurisdiction, as Vicar- most part acknowledge the pope to be the General to the pope, that he should be attaint- thirteen:h apostle, and only oracle in matters ed of that offence; as well to make him an of religion, and did follow his doctrine in most ex.implu to others of his profession, (for almost of those points wherein we now dissent from in every diucese of this kingrom there is a vitu him. lary bishop ordained by the pope), as also that 1. For the first point, we did purposely forat the time of his trial a just occasion might be bear to proceed against him upon any latter takeo, to publish the Contession and Acknow- law, 10 the end that such as were ignorant ledyment which he had voluntarily made, sign- might be informned, that long before Henry 8. ed, and continued by outh before the lord. was born.divers laws were made against the deputy and council, who have likewise sub- usurpation of the bishop of Rome upon the scribed their oames as witnesses thereof. righis of the crown of England, well-nigh as Lulor's Indictment upon the Stal. 16 Ric. 2.
sharp and severe as any statutes which have
been made in later times; and that therefore Hereupon in Hill. term, 4 Jacobi, an In we made choice to proceed upon a law znade dictment was framed against him in the King's more than 200 years past, when the king, the Bench upon the struie of 16 Rich). 2, cap. 5. lords and commons, which made the laws, and containing these everal points.
The judges, which did interpret the laws, did 1. That be had r: ceived a bull or britf pur- for the most part follow the same opinions in chased or pr.cured in the court of Rime, religion which were taught and held in the which bull or briet' did touch or concern the
court of Rome. king's crown and digniry royal, containing a 2. For the second point, the causes that coinmission of authority from the pope of Rome moved and almost enforced ihe English nation unto Richard Brady and David Magi agh 10 to make this, and other statutes of the same consti'ule a Vicar-General for the set of Rome, nature, were of the greatest importance that by the named the See Apostolick, in the could possibly arise in any state. For these several dioceses of Dublin, Kildare and Fernes, laws were’ınade to upbold and maintain the