A record of some worthy proceedings in the honourable, wise, and faithfull Howse of Commons in the late Parliament England and Wales. Parliament. House of Commons. 1611 Approx. 75 KB of XML-encoded text transcribed from 25 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A69292 STC 7751 ESTC S122422 23480532 ocm 23480532 23332 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A69292) Transcribed from: (Early English Books Online ; image set 23332) Images scanned from microfilm: (Early English books, 1475-1640 ; 1576:8 or 1813:21) A record of some worthy proceedings in the honourable, wise, and faithfull Howse of Commons in the late Parliament England and Wales. Parliament. House of Commons. Bacon, Francis, 1561-1626. 48 p. G. Thorp?], [Amsterdam? : 1611. Place of publication suggested by STC (2nd ed.) and NUC pre-1956 imprints; name of publisher suggested by STC (2nd ed.). Signatures: A-C⁸. Page 12 misnumbered as 10. "These grievances were presented to His Maiesty with a speach of Sir Fr. Bacon, by 12. of the lower house, 7. Iuly 1610. in the 4. session of Parliament."--P. 48. Item at reel 1576:8 is "Grievances" only (identified as STC 14424). Reproduction of original in the Bodleian Library and Harvard University Library. 1. A preface to true Englishmen -- 2. A memorable speach in Parliament -- 3. A petition for the Parliaments libertie -- 4. Particulars of the great contract -- 5. Petitions for grace in ecclesiasticall causes -- 6. Grievances in temporall matters. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2007-02 TCP Assigned for keying and markup 2007-02 Aptara Keyed and coded from ProQuest page images 2007-03 Pip Willcox Sampled and proofread 2007-03 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A RECORD OF SOME WORTHY PROCEEDINGS : IN THE HONOVRABLE , WISE , AND FAITHFVLL HOWSE OF COMMONS IN THE LATE Parliament . Iustitiae est suum cuique tribuere . 1611. Contents . 1. A Preface to true English men . 2. A memorable speach in Parliament . 3. A Petition for the Parliaments libertie . 4. Particulars of the great contract . 5. Petitions for grace in ecclesiasticall causes . 6. Grievances in temporall matters . To all true hearted English men dwelling in their native soile . HOwsoever ( my deare country-men ) it is mine hap to abide on this side the seas ; yet I cannot but hearken after the prosperitie of my gracious Soveraigne , & naturall countrey , especially in the Parliament time . I am not ( indeed ) in any such eminent place ▪ as where I may be sure to have a perfect relation of all remarkeable affaires : yet by my diligent indevour , I obteyne ( in time ) more probable intelligence , than many of you doe . Of which the love of my countrey compelleth to make some present vse , occasioned by a Publication ( for not one word thereof is in the Kings name ) dated 31. December last . Wherein the worthiest house of Commons that ever was , is covertly traduced for spending long time , and great charges , and yet failing an earnest expectation of a good conclusion for the Ease , and Freedome of his Maiesties subiects . I could not therefore but indevour to prevent ( as I may ) the heart-burning which ( I feare ) that publication may occasion between the King and his Commons , and 2. to make it appeare that no house of Commons had ever a greater zeale for the ease & freedome of the subiects than the late house had . The former , by demonstrating that the sayd covert imputation is not the Kings , but the pen-mans . For whereas Proclamations ( in deed ) speake in the first person , as thus , Our subjects ; & , We are resolved , that publication speaketh in the third person thus , His Maiesties subiects ; & , His Maiestie is resolved . Therefore it was not penned by his Maiestie . Againe , How can close suggesting the said imputation to be cause of dissolving the Parliament agree with that which is expresley said , That his Maiesty , for many good considerations knowne to himselfe determined to dissolve , & c ? Doth not this shew , that the over large preamble of that publication is the pen-mans , & onely the body thereof was by the Kings direction ? Moreover , In a Proclamation dated 24. September last , his Majesty findeth fault with former proclamations , in regard of their penning . Which sheweth , that , when his Majesty hath signified his mind touching the substance of a proclamation ; he doth not alwayes review the penning thereof . Therfore it may be supposed , that he did not peruse the penning of the publication . So that I think it may be well concluded , that the said imputation is not the Kings , but the pen-mans . As for the Zeale of the commons in parliament for the ease , & freedome of the subjects , let that appeare by that which is here published . Onely I suppose it not amisse to remember , that in the second session of the late parliament , there passed these billes in the house of commons . 1. An act for the better observing and keeping holy the Sabbath day , or Sunday . 2. An act against such , as cōming to church , doe refuse to receive the sacrament of the Lords supper . 3. An act for the providing of a learned , & godly Ministery . and 4. An act to inable suspended , and deprived Ministers to sue , & prosecute their appeales . I remēber these , because that worthy Knight , or burgisse ( whose speach is here recorded ) doth not speak of them ; Intending ( belike ) to mencion no other billes , but such as passed in the house of commons , in the fourth , that is , the last session of parliament . I say , The last , because the fifth cannot be accompted a session , seeing nothing was concluded therein , the Speaker , sundry mornings before the house met togither adjourning the same from day to day , til the parliament was prorogued , & there dissolved . Well , I pray God ; that , whensoever we shall haue an other parliament , Counties , cities and burroughes may not be moved by letters from such common-wealth-men , as the pen-man of the said publication is feared to be , to chuse such Knights and burgisses , as will have less Zeale for the ease and freedome of the subjects , than had the Knights , and burgisses of the late parliament . A memorable speach in the house of Commons . MR. Speaker , I perceive we are all much troubled by the evill successe which we have had in the great contract concerning tenures and purveiance , after our long travell and much tyme spent therein , and in other causes of good importance : so as many have taken occasiō therby to say of us , that although there was never a more honourable assembly , in the Cōmons howse of Parliament , of godly , wise , and learned men , then at this time , that yet there did never less fruit appeare of their labour to the world , at any time before , then now : which fruitlesse labour if it might be truly imputed unto us , it might worthily grieve vs all . but I hope that in seeking out meanes of redresse , or reliefe in this case , I shall make it appeare to all , that will rightly weigh of the thinges , that if furtherance had been given by others , whom it concerns , to our labours and good indevours , many abuses had been reformed , & much good done to the common wealth of England . But as it is true , which that great wise Lord , who hath the chief charge of the treasure of the Realme ; sayd unto vs at our last meeting with the honourable Lords of the vpper howse of Parliament , in the paynted chamber at Westin : touching the great contract , viz. that he did well perceiue , that we had a great desire to haue effected that great contract , that the Kings maiesly had willingly given his assent to the same , & that yet neverrhelesse it proceeded not , wherein he could not finde the impediment , but that God did not blesse it : so is it likewise true of the rest of our proceeding in Parliament , that God hath nor blessed the same with good successe , which troubled me at the first , vntill I did further consider of many other parties of the Realme , and many other callings , and societies of the Realme , to whom God hath given as little blessing , as to the Parliament howse . For it did appeare plainely to vs in this howse , vpon the treatie and examinations of the grievances of the Church and common wealth , that the Merchants of England who were a calling of very great vse in this Realme , for the wealth , strength , and credit thereof , and as it were the leggs of the common wealth , whereon it goeth , had not received such blessing of late , yea in their merchandizing , as in former times , although they labor asmuch , and adventure asmuch , as in former times they did . And that likewise the clothiers being a trade whereby many thowsands subjects are mainteyned , although they labour in their calling as much at this time , as ever before they did ; doe of late finde so litle fruit of their labour , as that many of them are decayed , and many of them have given over that trade to the hinderance of the Realme . And also the like is fallen to the Marriners , and Shipwrights of this Realme , which number is greatly decayed , and with them the serviceable shipp : and shipping very much weakened , which threatneth a decay of the walls , and strength of the Realme , which by good shipping , and good Marriners , is well defended . And I find also , that God hath not blessed the treasure of the Realme , for it is gone from us , as if God had blown upon it , to turne it out of the land , so as Prince & people want . And I finde also in the calling of lawyers that there is not the like increase of their labors , as in times past , except it be some fewe favorites ; and I think that divers Knights , Citizens , and Burgesses now here present about me , could say the like of divers sorts of men in their coūtryes , cities , and Burroughes , if they list to speak : whereupon I doe assuredly think , that for some publique sinns of the land , God hath a quarrell to the land , whereby he doth withdrawe his ordinary blessings ; which publique sinnes this great Councell of the Realme ought first to seeke out , and as much as in our power to redress the same , that God being thereby reconciled vnto the land , an happy blessing might insue to all the estates thereof : which to effect you shall see what we for our parts have done to obteyne Gods loving countenance to the land , as a shield , by removing the publicke sinnes thereof , which as a thick cloud doth keepe from vs Gods sun-shining grace . First we did see , and consider , that the precious name of God , which we ought to regard more then our lives , is not by the lawes of England , so tenderly regarded , & preserved , as the name of all sortes of people in the land : For if some evill wordes be vsed against the King it is high treason , for which the offender shall dye . And if some evill words be vsed against noble men , it is publishable by the statute de Scandalū magnatum . And that for some evill words vsed by any private person against another , an actiō of the case doth lye , at the common law , to punish the offender , and to recompence the partie wronged ▪ But for abusing the holy name of God , and tearing him in peeces by wicked oathes , there is no punishment by the lawes of the Realme , whereby both men , women , and children increase in that sinne greevously , every day , without punishment or checke : wherefore to prevent that sinne , we did , at two severall sessions of Parliament , make two severall bills , which did passe our howse of Commons , to be made lawes for punishment of such Offenders . And to take away that crying sinne which doth most provoke God , & most greeve the subjects , viz , the depriving , priving , disgracing , silencing , disgrading , and imprisoning , such of Gods Messengers ( being learned and godly preachers ) as he hath furnished with most heavenly graces to call us to true repentance , for no other cause , but for not conforming themselves otherwise than by subscription limited in the statutes made in the 14. yere of the late Queene Elizabeth of famous memory , thereby making the lawes of the Church , and cōmon wealth to iarre : which to reforme we made a lawe for subscription agreeing to the intent of the foresayd statute , which every wise mā will approue , & willingly subscribe unto , whereby much peace , & unitie would grow in the chnrch & cōmon wealth , & be an occasion that many subiects might be well taught the meanes of their salvation , who now want sufficient knowledge of the word of God to ground their faith upon . And to take away another grosse sin , which is made lawfull by act of Parliament , whereby the land is made guiltie thereof , viz. concerning non residents , and pluralitie of benefices , we did passe a bill in the last Sessions of Parliament , & have another bill concerning that offence ready to passe being twice read , and agreed upon at the Cōmittees , whereby we abrogate so much of the statute of the 21 yere of K. Hē . the 8. as did inable non residēts , or the taking of more benefices then one with cure of soules , for by the provisoes in that Statute , the Kings Chapleines may haue as many benefices , as they can get , without stint , & some others may have 4. benefices with cure at one time , in severall counties , & some two benefices , & yet be resident upon none of them , so long as he attendeth upon his Lord , or Mr. which is a thing intolerable in a Christian common wealth . And for that some scandalous Ministers of evill life do bring a great slaunder to all the rest , being many godly & learned preachers , we did make a good law to remove such scandalous Ministers from their place . And where by the lawes of God , and the lawes of this Realme the ecclesiasticall persons should , in their goverment , use onely the spirituall sword by exhortation , admonition , and excōmunication , which are the keyes of the Church to exclude impenitent sinners , & to receive into the Church , the penitent and faithfull persons , and to leave the temporall sword , to the temporall Magistrate , which was alwayes so used in England untill the second yeare of King Hen. 4. at which time the popish Prelates , following the example of the man of sinne at Rome , obtayned a statute without the free consent of the subjects ( as is set forth by Mr. Foxe , and in some sort , appeareth by the record of the Towre ) by which statute they got the temporall sword into their handes , which statute was since , by severall acts of Parliament , made voide with great disgrace , and yet by colour of that temporall authoritie once , by a short space by them used , some ecclesiasticall persons doe use both swords , to the great griefe , and trouble of the subjects , and with those two swordes , they doe also use the oath ex officio , which began first in England , by that statute of the 2. yere of K. Henry the 4. being contrary to the lawes of England , & ( as I verily think ) contrary to the lawes of God. Wherefore we to reforme those great abuses , made 2. good lawes , the one to abridge the force of the ecclesiasticall cōmission in many pointes : thother to abrogate , and take away the power of ecclesiasticall persons to minister the oath ex officio being a very hatefull thing , and unlawfull . Andi for that among the Canons , late made by the clergie of England in their Convocation , it was thought , that some of their canons did extend to charge the bodies , landes , and goods of the subjects of the Realme , further then was lawfull , and meet , we therefore made a good lawe to make voide such Canons , as doe charge the bodies , lands and goods of the subjects , unlesse that the same Canons were confirmed by Parliament . And as we had care of the Church , so had we care of the common wealth , touching impositions layd upon the subiects goods , and merchandize , and other thinges , & therefore , after long travel taken by us in searching ancient Records in the Tower of Londō , & in other places , & after great dispute made herevpon , in open house , by many learned Lawyers , we found it cleare in our opiniō , that impositions layd upon merchandize , or other goods of the subiects of this Realme , by the Kings Maiesty , with out the free consent of the subiectes in Parliament was not lawfull , and therefore we did make and passe a bill , by the generall consent of the house of Commons , intended by us all to be a lawe , thereby to declare , that by the lawes of England , no imposition could be lawfully layd vpon goods , or merchandize of the subiects of England , without consent of the subiects in Parliament . And because that many subiects were greatly troubled by purueyance , and cartaking , notwithstanding the good lawes in that behalf made to restraine the same , a bill was preferred by some member of the house , for reformation of that abuse , at the beginning of the last Sessions of Parliament ; which bill , by all likelihood , had long since passed this howse of commons , if the matter of purveyance had not been comprehended in the great contract , which matter of great contract being nowe ended , a new bill concerning purveyance , and cartaking is in my hands , now presently to be delivered into the house to receive such proceeding therin , as shal be thought meet . And touching wardship & tenures , because it is thought a heavie law , and grievous to the subjects , after the death of the father to have the sonne , & heire within age ; taken from the mother and kindred , to be bought and sold , & with the heire also to take all the lands and tenements of the father , that should many times mainteyne both the heire , & the rest of the children , for the onely benefit of the gardian : therefore we made a very large offer to free the land thereof , which we laboured earnestly to effect , but God hath not blessed it , nor brought to good effect any of those good intended lawes above by me mentioned , although we much desired the same , and had done therein as much as perteyned to vs to doe , which if they had been well effected , and passed as lawes and statutes , and that all such grievances , concerning the Church and cōmon wealth , as wee carefully cōmended unto his Ma : in writing ( whereof the copies doe remain in this house ) had procured such amendemēt of things , as we expected , it had made England so honourable and happy in the government thereof , as ever was kingdome in this world ( as I think ) . And which when the same shal be well effected , will ( as I think ) make both King , and subjects more happy , then ever they were . For if all these thinges had so concurred togither , as wee wished , and laboured for , what would wee not give to supply the Kings wants , and to support him in a most Roiall , & princely estate . But rebus sic stantibus , as is before declared , without reformation of those things , which were by us so earnestly sought , we cannot give much to supplie the Kings wants , because we know no certainty of that which should remaine to us after our gift , so as , in mine opinion , the good proceeding of this Parliament hath not been hindred by us , which is all I meant to say at this time . The particulars to be contracted for , in consideration of two hundred thousand pounds , per annum to be paid unto his Majestie . 1. Wardshippes , and tenures , with their particular dependances , shal be vtterly taken away . 2. The maxime , Nullum tempus occurrit regi , shal be no longer of any effect . 3. All the Kings patents shal be expounded for the good of the patentee , & according to the true meaning . 4. No forfeiture shal be taken by the King , or his patentee , for non payment of rent . 5. Any subject shall plead the generall issue ( Not guilty ) vpon information of intrusion . 6. All penall lawes , and informations shal be ordered for the best ease of the subject . 7. All maner purveyance taken by prerogative , cart taking , compositiōs , & cōmissions therfore , & Praeemption ( except of time ) shal be vtterly taken away , & no clerke of the market shall set price on any victuall , nor any other shall doe the same . 8. All prefines , and post fines to be due vpon alienation by fine and recovery , shal be taken away . 9. Debts shal be paid to the subjects before any advantage be taken , by the King , of forfeitures vpon outlaries , or attainders of felons , or traitors . 10. That clause in the statutes of 34. & 35. of Hen. 8. touching alteration of lawes in Wales shal be repealed . 11. Every subject that hath possessed land by the space of 60. yeares , where the King , in that time , hath not had the possession , or profit thereof , by the space of one yeare , shal be free from the Kings claime . And , if the King , within that space , hath been seised of any rent , out of the same landes , then that rent onely shall remaine to the King. 12. Old debtes due to the King before tenne yeares last past shal be forgiven . 13. The King shall express the cause of demurrer in pleading against any of his subjects . 14. Fees of all courtes to be payd by the subjects shal be expressed in a booke in print . 15. All lawes absolute , that are penall , shal be repeaied , and all penall lawes of one nature shal be reduced to one law . 16. No protection against law shal be graunted by the King. 17. Any thing doubtfull in any of these articles shal be explaned by our selves . 18. Any other matter , which at our next meeting , we shall conceive to be for ease of the subjects , & shall not detract from the King , in point of soveraignty , or profit shal be essential in this cōtract . To the Kinges most excellent Maiestie . MOst gracious soveraigne , whereas we your Majesties most humble subjects the cōmons assembled in Parliament , have received first by message , & since by speach , from your Majestie a commandement of restraint from debating , in Parliament , your Majesties right of imposing vpon your subjectes goodes exported , or imported out of , or into this Realme , yet allowing vs to examine the grievances of these impositiōs in regard of the quantitie , tyme , and other circumstances of disproportion thereto incident : wee your said humble subjectes nothing doubting , but that your Majesty had no intent , by that commandement , to infringe the ancient , and fundamentall right of the libertie of Parliament , in point of exact discussing of all matters concerning them , and their possessions , goods , and rights whatsoever : which yet wee cannot but conceive to be done , in effect , by this commandement , doe with all humble dutie make this remonstrance to your Majesty . First we holde it an ancient , generall , and vndoubted right of Parliamēt to debate freely all matters , which do properly concerne the subject , and his right , or state : which freedome of debate being once foreclosed , the essence of the libertie of Parliamet is with all dissolved . And whereas , in this case , the subjects right on the one syde , and your Majesties prerogative on the other cannot possibly be severed in debate of either , we alledge , that your Majesties prerogatives of that kynd cōcerning directly the subjects right , and interest , wee dayly handled and discussed in all courts at Westminster , and have been ever freely debated , vpon all fit occasions , but in this , & all former Parliaments without restraint . Which being forbidden , it is impossible for the subject either to know , or mainteine his right , & propertie to his owne landes , and goods though neuer so just , and manifest . It may further please your Most excellent Majesty to vnderstand that wee have no minde to impugne , but a desire to informe ourselves of your highnes prerogative in that point : which if ever , is now most necessary to be knowne . And though it were to no other purpose , yet to satisfie the generality of your Majesties subjects , who finding themselves much grieved by these new Imdositions , do languish in much sorrow , and discomfort . These reasons ( dreade soveraigne ) being the proper reasons of Parliament ) do pleade for the vpholding of this our ancient right and liberty . Howbeit , seing it hath pleased your Majestie to insist vpon that judgement in the Exchequer , as being direction sufficient for us , without further examination , upon great desire of leaving your Ma , vnsatisfied in no one point of our intents , and proceedings , w● professe touching that judgement , That we neither doe nor wil take upon us to reverse it : but our desire is to know the reasōs whereupon the same was grounded . And the rather , for that a generall cōceipt is had , that the reasons of that judgement may be extēded much further , even to the utter ruine of the ancient libertie of this kingdome , and of the subjects right of propertie to haue landes , and goods . Therefore the judgement it self , being the first and the last that ever was given in that kind , for ought appearing unto us , and being onely in one case , and against one man ; it can binde in law no other then that person , and is also reversable by writ of error graunted heretofore by act of Parliament . And neither hee , nor any other subject is debarred , by it , from trying his right in the same , or like case , in any of your Majesties Courts of record at Westminster . Lastly wee nothing doubt , but your intended proceeding , in a full examination of the right , nature , & measure of these new impositions ( if this restraint had not come betweene ) should have been so orderly , and moderately caried , & so applied to the manifold necessitie of these tymes , and given your Majesty so true a view of the state , and right of your subjects , that it would have been much to your Majesties content , and satisfaction ( which wee most desire ) & remoued all cause of feares , and jealousies from the loyall hearts of your subjects , which is ( as it ought to be ) our carefull indeavour . Whereas contrarywise , in that other way directed by your Majesty , wee cannot safely proceed , without concluding , for ever , the right of the subject : which , without due examination thereof , wee may not doe . We therefore , your highnes loyall and dutifull commons , not swerving from the approved steps of our ancestors , most humbly and instantly beseech your gracious Majesty , that without offence to the same we may ( according to the vndoubted right , and libertie of Parliament ) proceed in our intended course of a full examination of these new impositions , that so we may cheerefully pass on to your Majesties busines , from which this st●p hath , by diversion , so long with held vs. And wee your Majesties most humble , faithfull , and loyall subiects , shall ever , according to our bounden dutie , pray for your Majesties long and happie raigne over vs. Delivered by 20. of the lower howse of Parliament the 24. of May 1610 , Petitions . MOst gracious and dread soveraigne , Sith it hath pleased Almightie God , of his unspeakable goodnes & mercie towards us , to call your Majestie to the government of this kingdome , and hath crowned you with supreme power , aswell in the Church , as in the cōmon wealth , for the advancement of his glorie , & the generall benefite of all the subjects of this land , Weo doe with all humilitie present , at the feet of your excellent Ma : our selves , and our desires full of confidence in the assurance , of your religious minde , and princely disposition , That you wil be graciously pleased to give life , and effect to these our petitions greatly tending ( as undoubtedly we conceive ) to the glorie of God , the good of his Church , & safetie of your most royall person , wherein we acknowledge our greatest happines to consist . 1. Whereas good and provident lawes have beene made for the maintenance of Gods true religion & safetie of your Majesties most royall person , issue , and estate , against Iesuites , seminarie Priests , and popish recusants . And although your Majestie by your godly learned , and judicious writings have declared your princely , & christian zeale in the defence of the religion established , & have very lately ( to the comfort of your best affected subjects ) published to both howses of Parliament your princely will and pleasure , that recusants should not be concealed , but derected and convicted : yet for that the lawes are not executed against the Priests , who are the corrupters of the people in religion , and loyaltie , and many Recusants haue already compounded , and ( as it is to be feared ) more and more ( except your Ma : in your great wisdom , prevēt the same ) will cōpound with those beg their penalties , which maketh the lawes altogither fruitless , or of litle or none effect , & the offenders to become bold , obdurate , and unconformable : Your Majestie therefore would be pleased , at the humble sute of your commons in this present Parliament assembled , in the causes so highly concerning the glorie of God , the preservation of true religion , of your Majestie and state , to suffer your highnes naturall clemencie to retire it self and to giue place unto justice , and to lay your royall cōmand upō al your ministers of justice both ecclesiastical , & civil , to see the lawes made against Iesuites seminarie Priests and Recusants ( of what kind and sect soever ) to be duely , and exactly executed , without dread , or delay . And that your Majestie would be pleased likwise to take into your owne hands , the penalties due for recusancie , and that the same be not converted to the priuate gaine of some , to your infinite losse , the imboldning of the Papists , and decay of true religion . 2. Whereas also divers painfull , and learned Pastors , that haue long traveiled in the work of the Ministerie , with good fruit and blessing of their labours , who were ever ready to perform the legal Subscription appointed by the Statute of 13. Elizab : which onely concerneth the confession of the true Christian faith and doctrine of the Sacraments , yet for not conforming in some points of ceremonies , and refusing the subscription directed by the late Canons , have been removed from their ecclesiasticall livings , being their freehold , and debarred from all meanes of maintenance , to the great griefe of sundry your Majesties well affected subjects ; seing the whol people , that want instruction , are by this meanes punished , and through ignorance , lye open to the seducements of popish , and ill affected persons ; Wee therefore most humbly beseech , your Majesty would be gratiously pleased , that such depriued , and silenced ministers may by licence , or permissiō of the reverend fathers , in their severall diocesses , instruct , and preach vnto their people in such parishes , and places , where they may be imployed : so as they apply themselves , in their Ministery , to wholsome doctrine , and exhortation , and live quietly , and peaceably in their callings , and shall not by writing , or preaching , impugne thinges established by publick authority . 3. Whereas likewise through pluralitie of benifices , & toleration of non recidencie in many , who possess not the meanest livinges with cure of soules , the people in diverse places want instruction , and are ignorant , & easy to be seduced , whereby the adversaries of out religiō gaine great advantage , and although the pluralists , and non-residents doe frame excuse of the smalnesse of some livinges , and pretende the maintenance of learning , yet we finde by experience that they , coupling many of the greatest livings , doe leave the least helpless , & the best as ill served , & supplied with preachers , as the meanest . And where pluralists heaping vp many livings into one hand , doe by that meanes keep divers learned men frō maintenance to the discouragement of Students , & the hinderance of learning & the non-residents ( for seeking , or absenting themselves frō their pastorall charges ) doe leave the people , as a prey , vnto the popish Seducers . It might therefore please your most excellent Majestie for remedy of these evils in the Church to provide , that dispensatiōs for plurality of benefices with cure of souls may be prohibited , & that toleration of non-residencie may be restrayned . So shall true religion be better vpheld , and the people more instructed in divine , and civill duties : 4. And for asmuch as excommunication is the heaviest censure for the most grievous offences which the Church doth reteine , yet exercised and inflicted vpon an incredible number of the common people by the subordinate officers of the jurisdiction ecclesiasticall , most cōmonly for very small causes grounded vpon the sole information of a base apparitour , in which case the parties , before they can be discharged , are driven to excessive expence for matters of very small moment , so that the richer break thorough more heynous offences , and escape that censure , by commutation of penance to the great scandall of the Church government , in the abuse of so high a censure , the contempt of the censure it selfe ; and grievance of your Majesties poore subjects . Wherefore your Majesties dutifull commons most humbly beseech your highnes that some due , and fit reformation may be had in the premisses . Grievances . To the Kinges most excellent Maiestie . Most gracious Soveraigne , your Majesties most humble commons assembled in Parliament being moved , aswel out of their dutie and zeale to your Majestie ; as out of the sense of iust griefe wherewith your loving subiects are generally through the whole Realme at this tyme possessed , because they perceive their cōmon & ancient right & libertie to be much declined , & infringed in these late yeares , Doe with all dutie & humilitie present these our iust complaints thereof to your gracious viewe , most instantly craving iustice therein and due redresse . And although it be true , that many of the particulars , whereof we now complaine , were in some use in the late Queenes time , & then not much impugned , because the usage of them , being then more moderate , gave not so great occasion of offence , and consequently not so much cause to inquire into the right and validitie of them . Yet the right being now more throughly scanned , by reason of the great mischiefs , and inconvenien●es which the subiects have thereby sustained , wee are very confident , that your Maiestie wil be so farre from thinking it a point of honour , or greatnes to continue any grievance vpon your people , because you found them begun in some of your Predecessors times , as you will rather hold it a work of great glorie to reforme them , since your Maiestie knoweth well , that neyther continuance of time , nor errours of men , can or ought to preiudice truth of iustice ; and that nothing can be more worthy of so worthy a King , nor more answerable to the great wisdome , and goodnes which abound in you , then to understand the griefes , & redresse the wrongs of so loyall , and well deserving a people . In this confidence ( dread soveraigne ) we offer these grievances ( the particulars whereof are hereunder set downe ) to your gracious consideration , and we offer them out of the greatest loyaltie , and duetie that subjects can beare to their Prince . Most humbly and instantly beseeching your Majestie , aswell for justice sake ( more then which ( as we conceiue ) in these Petitions we doe not seek ) as also for the better assurance of the state , and generall repose of your faithfull & loving subjects , and for testimonie of your gracious acceptation of their full affections , declared aswell by their joyfull receiuing of your Majesty , at your happy entrance into this kingdom , which you have been often pleased , with favour , to remember ; as also by their extraordinarie contributions graunted since vnto you , such as haue been never yeelded to any former Prince , upon the like termes , and occasions , that we may receive to these our cōplaints your most gracious answer : which we cānot doubt but wil be such , as may be worthy of your princely selfe , and will give satisfactiō , & great cōfort to all your loyall , and most dutifull loving subjects ; who doe , and will ever pray for the happy preservation of your most royall Majestie . THe policie and constitution of this your kingdome appropriates unto the Kings of this Realme , with the assent of the Parliament , as well the soveraigne power of making lawes , as that of taxing , or imposing upon the subjects goods , or merchandizes . Wherein they haue justly such a proprietie , as may not , without their consent , be altered , or changed . This is the cause , that the people of this Kingdome , as they ever shewed themselues faithfull , and loving to their Kings , and ready to ayde them in all their just occasions , with voluntarie contributions , so have they been ever carefull to preserve their owne liberties and rights , when any thing hath been done to prejudice or impeach the same . And therefore when their Princes occasioned eyther by their warres or their over great bountie , or by any other necessitie , haue , without consent of Parliament , set impositions , eyther within the land , or upon cōmodities eyther exported , or imported by the Merchants , they have , in open Parliament , complained of it , in that it was done without their consents . And thereupon never failed to obteyne a speedie , and full redresse without any claime , made by the Kinges of any power , or prerogative in that point . And though the lawe of proprietie be originall , and carefully preserved by the cōmon lawes of this Realme , which are as ancient as the kingdome it selfe ; yet these famous Kings ? for the better contentment , and assurance of their loving subjects , agreed , that this old fundamentall right should be further declared , and established by act of Parliament . Wherein it is provided , that no such charges should ever be layd upon the people , without their cōmon cōsent , as may appeare by sundry records of former times . Wee therefore your Majesties most humble cōmons assembled in Parliament following the example of this worthy care of our ancestors , and out of a dutie of those for whome we serve , finding that your Majestie without advise or consent of Parliament , hath lately , in time of peace , set both greater impositions , and farre more in number , then any your noble ancestors did ever , in time of warre , have with all humilitie presumed to present this most iust , and necessarie Petition unto your Ma : That all impositions set without the assent of Parliamēt may be quite abolished , and taken away , and that your Maiestie in imitatiō likewise of your noble Progenetors , wil be pleased , that a law may be made during this session of Parliament , to declare that all Impositions set , or to be set upō your people their goods or merchandizes , save onely by cōmon consent in Parliament , are , and shal be void . Wherein your Ma : shal not onely give your subiects good satisfaction in point of their right , but also bring exceeding ioy , and comfort to them which now suffer , partly through the abating of the price of native cōmodities , & partly through the raising of all forraign , to the overthrow of Merchants and shipping , the causing of a generall dearth , & decay of wealth among your people , who wil be thereby no lesse discouraged , then disabled to supply your Ma : whē occasion shal require it . WHereas by the statute 1. Eliz cap. 1. intituled an Act restoring to the crown the auncient iurisdictiō over the state ecclesiasticall , &c. power was given to the Queene , and her successors to constitute , and make a Commission in cause ecclesiasticall , the said Act is found to be inconvenient , of dangerous extent in d●vers respects . First , for that it inableth the making of such a cōmission as wel to any one subiect borne , as to more . Secondly , for that whereas by the intention , and wordes of the sayd statute , ecclesiasticall iurisdiction is restored to the crown , and highnes , by that statute inabled to give only such power ecclesiasticall to the sayd cōmissioners , yet under colour of some words in that statute , whereby the Cōmissioners are authorised to execute their Commission according to the tenour , and effect of your highnes letters patents . And by letters patents grounded thereupon , the sayd Commissioners doe fine , and imprison , and exercise other authoritie not belonging to the ecclesiasticall iurisdiction restored by that statute , which we conceive to be a great wrong to the subiect ; And that those Commissioners might as well by colour of those words , if they were so authorized by your highnes letters patēts , fine without stint , and imprison without limitation of time , as also according to will , and discretion , without any rules of law , spirituall or temporall , adiudge and impose utter confiscation of goods , forfeiture of lands , yea , and the taking away of limme and of life it selfe ; & this for any matter whatsoever perteyning to spirituall iurisdiction . Which never was , nor could be meant by the makers of that law . Thirdly for that by the said statute the King , and his successors may ( howsoever your Maiestie hath been pleased out of your gracious disposition otherwise to order ) make , and direct such Comission into all the Counties , and Dioceses , yea into every parish of England , and thereby all causes may be taken from ordinarie iurisdiction of Bishops , Chancellors , and Arch deacons , and lay men solely be inabled to excommunicate , & exercise all other censures spiritual . Fourthly for that every petty offence perteyning to spirituall iurisdiction , is , by colour of the sayd wordes , and letters Patents grounded thereupon , made subiect to excommunication and punishment by that strange and exorbitant power , and commission , whereby the least offenders , not cōmitting any thing of any enormous , or high nature may be drawne from the most remote places of the kingdome to London ; or York , which , is very grievous , and inconuenient . Fifthly for that limit , touching causes subject to this cōmission , being onely with these words , viz. Such as perteine to spirituall or ecclesiasticall iurisdiction ; it is very hard to knowe , what matters , or offences are included in that number . And the rather because it is unknown , what ancient canons , or lawes spirituall are in force , & what not : from whence ariseth great incertaintie , and occasion of contention . And whereas upon the same statute a cōmission ecclesiasticall is made ; Therein is grievance apprehended thus . First for that thereby the same men have both spirituall and temporall jurisdiction , and may both force the party by oath to accuse himselfe of an offence , & also inquire thereof by a jurie , and lastly may inflict for the same offence , at the same time , and by one and the same sentence , both a spirituall and temporall punishment . Secondly whereas , upon sentences of deprivation , or other spirituall censures given by force of ordinarie jurisdiction , an appeale lyeth for the partie grieved ; that is here excluded by expresse wordes of the cōmission . Also here is to be a tryall by iury , yet no remedy by traverse , nor attaint . Neyther can a man haue any writ of errour , though a Iudgement or sentence be given against him , amounting to the taking away of all his goodes , & imprisoning him during life , yea to the adiudging him in the case of Praemunire , whereby his lands are forseyted , and he out of the protection of the lawe . Thirdly , that whereas penal lawes , and offences against the same cannot be determined in other courts , or by other persons , then by those trusted by Parliament with the execution thereof , yet the execution of many such statutes ( diverse whereof were made since 1. Eliz. ) are cōmended and cōmitted to these Cōmissioners ecclesiasticall , who are eyther to inflict the punishment conteyned in the statutes being premunire , and of other high nature , and so to inforce a man upon his own oath to accuse , & expose himself to these punishments , or els to inflict other temporall punishment at their pleasure . And yet besides , and after that done , the partie shal be subiect in the Courtes mentioned in the Acts , to punishments by the same actes appointed and inflicted : which we think very vnreasonable . Fourthly , that the cōmission giveth authority to inforce men called into question to enter into recognisance not onely for appearance frō time , to time , but also for performance of whatsoever shal be , by the cōmissioners ordered . And also that it giveth power to enioyne parties defendant , or accused , to pay such fees to ministers of the court , as by the cōmissioners shal be thought fit . And touching the execution of the cōmission , it is found greivous these wayes among other . First for that laymen are by the Cōmissioners punished for speaking ( otherwise then in iudiciall places , and courses ) of the symonie and other misdemeanours of spirituall men , though the thing spoken be true , & the speach tending to the inducing of some condigne punishment . Secondly in that these cōmissioners usually appoint and allot to weomen discontented at , and unwilling to live with their husbands such portions , & allowances for present maintenance , as to them shall seeme fit : to the great incouragement of wives to be disobedient , and contemptuous against their husbands . Thirdly , in that their pursuivantes , or other ministers imployed in the apprehension of suspected offenders in any things spirituall , & in the searching for any supposed scandalous bookes ▪ vse to breake open mens houses , closets , & deskes , rifeling all corners , and secret custodies , as in cases of high treason , or suspition thereof . All which premisses among other things considered , your Majesties most loyall , and dutifull commons , in all humblenes , beseech you , that for the easing of them , aswel from the present grievance , as from the feare , and possibility of greater in tymes future ; your highnes would vouchsafe your royall assent , and allowance to , and for the ratifying of the saide Statute and the reducing thereof , and consequently of the saide commission to reasonable , and cōvenient limits , by some act to be passed in this present session of Parliament . Amongst many other pointes of happines , & freedome which your Majesties subjects of this kingdome have inioyed under your royall Progenitors , Kings and Queenes of this Realme , there is none which they have accounted more deere , and precious then this , to be guided , and governed by the certaine rule of the law ( which giveth both to the head , and members , that which of right belongeth unto them ) and not by any vncertaine or arbitrary forme of government . Which , as it hath proceeded from the originall good constitution , and temperature of this estate : so hath it been the principall meanes of upholding the same in such sort , as that their Kings have beene just , beloved , happy & glorious , and the kingdome it selfe peaceable , flourishing and durable so many ages . And the effect , aswell of the contentment that the subjects of this kingdome haue taken in this forme of gouernment , as also of the love , respect , and dutie which they have , by reason of the same , rendred unto their Princes , may appeare in this , That they haue , as occasion hath required , yeelded more extraordinarie and voluntary contributions to assist their Kings , than the subjects of any other knowne kingdome whatsoever . Out of this roote hath growen the indubitable right of the people of this kingdome : not to be made subject to any punishment , that shall extend to their lives , landes , bodies , or goodes , other then such , as are ordeyned by the common lawes of this land , or the statutes made by their common consent in Parliament . Neverthelesse it is apparant both that proclamations have beene , of late yeares , much more frequent , then heretofore , and that they are extended , not onely to the libertie , but also to the goods , inheritances , and livelihood of men , some of them tending to alter some points of the lawe , and make anewe . Other some made , shortly after a session of Parliament , for matter directly rejected in the same session ; other appointing punishments to be inflicted before lawfull triall , and conviction ; Some cōteyning penalties in forme of penall statutes : Some referring the punishment of offenders to the courts of arbitrary discretion , which have layd heavie and grievous censures vpon the delinquents : Some , as the Proclamation for starch , accompanied with Letters commaunding inquirie to be made against the transgressors , at the quarter sessions : and some vouching former proclamations to countenance , and warrant the later , as by a catalogue here vnder written more particularly appeareth . By reason whereof there is a generall feare conceived , and spread amongst your Maiesties people , that proclamations will , by degrees , grow vp , and increase to the strength , and nature of lawes . Whereby , not onely that ancient happynes , freedome wil be much blemished ( if not quite taken away ) which their ancestors haue so long inioyed : but the same may also ( in proces of time ) bring a new forme of arbytrary government vpon the Realme . And this their feare is the more increased by occasion aswel of certeyn bookes lately published , which ascribe a greater power to Proclamatiōs then heretofore hath been conceived to belong unto them ; as also of the care taken to reduce all the proclamations , made since your Maiesties reigne , into one volume ; and to print them in such forme as Acts of Parliament formerly have been , & still are vsed to be : which seemeth to imply a purpose to give them more reputation and more establishment , thē heretofore they have had . Wee therefore your Maiesties humble subiects the commons in this Parliamen● assembled , taking these matters into our considerations , and weighing how much it doth concerne your Maistie , both in honour and safetie , that such impressions should not be suffered to settle in your subiects mindes , have thought it to apperteyne to our duties , as well towards your Maiestie ; and to those that haue trusted , and sent us to this service , to present unto your Maiesties view these feares , and griefs of your people & to become hūble suiters unto your Maiestie , that hence forth no fine , or forfeyture of goods , or other pecuniary , or corporall punishment may be inflicted upon your subjects ( other thā restraint of liberty , which wee also humbly beseech may be , but upon vrgent necessity , and to continue but till other order may be taken by course of law ) vnlesse they shall offend against some law or statute of this realme in force , at the tyme of their offence committed . And for the greater assurance , & comfort of your people , That it will please your Majesty to declare your royall pleasure to that purpose , either by some law to be made in this sessiō of Parliamēt : or by some such other course ( wherof your people may take knowledge ) as to your Princely wisedome shall seeme most convenient . Proclamations importing alterations of some points of the law , and making new . 11. Ian. 1. Iac f. 17. forbiddeth choosing of Knights , & burgesses bankerupt , or outlawed : and commandeth choise of such , as are not only taxed to subsidies , but also have ordinarily payed , and satisfied the same . f. 59. If returnes be made contrary to the proclamation , they are to be rejected , as vnlawfull , and insufficient . f : 60. 25. Aug. 5. Ia. f. 151. That the proclamation shal be a warrant to any officer , or subject to seise starch , and to dispose , or destroy any stuffe &c. and restreineth all men not licenced to make starch . f. 154. 2. A Proclamation made shortly after Parliament for matter directly reiected the precedent session . 1. Mar. 2. I. f. 102. A proclamation for building with brick after a bill to that and rejected ▪ 3. Proclamations touching the freehold , and livelihood of men . 16. Septemb. 1. Ia. f. 41. Raising and pulling downe howses authorised , and prohibition to build them againe at any tyme. f. 42. 12. Oct. 5. Ia. f. 160. forbidding building and taking away the materials ; and appointing the owners land to be let by other men , at what price they please . f. 161. 4. Proclamations referring punishmēt to be done by Iustices of peace , Majors , Bailives , Constables , & other Officers ; or seisure by persons who have no authoritie to require , heare , and determine of those offences . So it is to be inflicted before lawfull triall & cōviction . 8. Ian. 2. Ia f. 72. A Proclamation for folding wooles . 23. Aug. 5. Ia. f. 151. seisure of starch , &c. f. 154. 5. Proclamations penned with penalties in forme of penal Statutes . 4. No. 1. Ia. f. Paine of confiscation of goods , f. 56. 18. Ian. 2. Ia. f. 72. Ten dayes imprisonment & standing in the pillory , f. 72. Iustices of peace to forfeyt 20. pounds if they see not the Proclamation of folding wooles executed , f. 75. 23. Aug. 5. Ia. f 151. forfeyture of one moitie of starch &c. seised &c. 154. 6 Punishment of offenders in courts of arbitrary discretion , as starre chamber . 1. Mar. 2. Ia. f. 102. Proclamation for building . f. 103. 12. Oct. 5. In. 159. Proclam . for building , f. 160. 5. Iul. 6. Ia. f. 177. Procl . for starch . f. 180. 25. Iul. 6. Ia. f. 180. Procl for building , f. 181. 7. Proclam former become Presidents , and vouched in later Proclam . 18. Iun. 2. Ia. f. 75. avoucheth 5. E. 6. & 4. Eliz. f. 73. 25. Iul. 6. Ia. f. 180. mentioneth former Proclam . against buildings , & explaineth , and qualifieth them . f. 180. Your Majesties commons in this session of Parliament assembled , doe cheerefully acknowledge the spring and fountaine of the publique justice of this state , to be originally in your Ma : from the benefite therof is conveyed , and derived into every member of this politique body by your Highnes writs . Amongst which none are more honourable for the support of the common justice of the realm , then the writes of prohibition , habe as corpus , & de homine replegiādo : writs have been ever held , and found to be a chief meanes of reliefe vnto the poore distressed , and oppressed subjects of this kingdome , and can be no inconvenience at all . Seing they are no way conclusive against any man , and doo draw no benefit to the procurers , but rather a fruitless charge , if they be obteined vpon any vnjust ground , or pretence . In the free granting of , & proceccing vpon some of which writes , especially that of prohibition ; there hath of late , been observed to be some obstruction : by reason , that vpon the complaintes and the importunity of some , who desire the support of inferiour courts , against the principall courts of the common law ( wherewith your Majesty hath been greatly troubled ) you have taken into your royall consideration the severall extents of the jurisdiction of the sayd severall courts . Since which time the said writes have been more sparingly , graunced , and with stricter cautiōs then anciently hath been accustomed . It is therefore most humbly desired , that it may please your Majestie ( whose glory is never more cōspicuous , then when the poorest of the commonalty are blessed with the influence of the ancient beames of justice ) to require your judges , in the courts of Westminster , to grant the said writes , in cases wherein such writes doe lye , and by law are grantable : And in such sort , as that such persons , whose bodies being eyther cōmitted to prison , or their causes like to receive great prejudice by procedings against them , in times of vacation , may not be debarred nor deferred from hauing the speedy reliefe & benefite of those writes , more then in former times . For asmuch as the exercise of authoritie over the counties of Glocester Hereford Wigorne and Salope . by the president , & councell of Wales by way of instructions , vpon pretext of a statute made in the 34. yeare of the reigne of King Henry the 8. is conceived not to be warranted by that or any other lawe of this Realme of England . And for that in the 2. session of this present parliament , there did a bill pass the house of the Commons , whereb● it was declared that the true intent , and meaning of that before mentioned statute , was not thereby to subject these countries to that kind of government by instructions . And yet notwithstanding the inhabitāts of those Counties are since vtterly discouraged , and in effect , debarred from triall of the right of that kind of jurisdiction over those countries , by the ordinarie course of the cōmon lawes of this land ; by reason of Prohibitions , which were heretofore frequently granted ( vpon suggestion , that those countries are not part of Wales or of the marches of the same ( which is the very point in question ) are now become very hard to be obteyned , except in cases , where those of that councell doe exceed the instructions set downe to them by your Majestie . As also for that , in cases , where actions have been brought at the common law , whereby that question might haue come to dicision , the plaintifes haue been stopped , sometimes by injunctions out of your Majesties court of Chancery , from their proceedings sometime before , sometime after judgemēts , and some time also by imprisonment . The precedent of which proceedings doth concern all your Majesties loyall and dutifull subjects of this kingdome , aswell in respect of the stopping of the free course of Iustice : as also , by reason that if that kinde of jurisdiction were at first extended over those 4. counties , and be now still continued without warrant of law : then consequence of this example may , in future times , give countenance to the erecting of like jurisdictions in other places of this Realme . And for asmuch as your Majestie was pleased to commaund all the Iudges to consider of this question , and that they thereupon bestowed very many dayes in hearing the cause argued by learned counsaile on both sides . And in viewing and considering of great numbers of recordes produced before them , concerning that cause : whereby , they have ( no doubt ) throughly informed themselves of the right . It is therefore the most humble petition of the commons in this present Parliament assembled , that your most excellent Majestie will also be pleased to commaund , that the Iudges may deliver their opinion upon that so exact , and deliberate hearing , which was had before them , concerning the right of the foresayd jurisdiction over those 4. 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 Majesties subjects whome it may concerne may have meanes to take knowledge thereof . And that your Ma : will vouchsafe to declare it by your most princely pleasure , that any of your Maiesties subiects who may have occasion thereof may trye his , or their right in that point by due , and ordinarie course of the common lawe , eyther by suing out of prohibitions , or any other your Maiesties writs without restraint . And that if the sayd iurisdiction over those 4. Counties shall appeare to your Maiestie , by the opinion of the Iudges , or otherwise , not to be warranted by law , that then your Maiesty be pleased out of your most princely and gracious favour towards all your loyall , and dutifull subiectes , to order the ceasing of the sayde iurisdiction over those counties , to the great comfort of the inhabitants of those counties , and the rest of your Maiesties subiects of all the kingdome . Complaint was made , in all humble manner , the second session of this present Parliament , of many disorders , outrages , & oppressions committed vpon occasion of letters patents granted to the Duke of Lenox , for the searching , and sealing of stufs , and manufactures , called by the name of new draperie : which patent wee held in all , or the most partes of it , to be questionable , and in many apparantly vnlawfull : and the execution thereof we found stretched by the farmers , and deputies beyond the extent of the sayd letters patents , as appeares in the particulars set downe in the said greivance . To which it pleased your Majestie to give this gracious answer , that the validitie of the sayd patent should be left to be judged by the law . And whensoever any abuse arising in the execution thereof should appeare , it should be severely punished . Which was , for that time , to our good satisfaction yet finding , by divers complaints made now in Parliament , that not only the said letters patents are still in force , and the validity of them undecided by iudgement : but disorders in the execution of them are so farre off from being reformed , that they multiply every day to the grievance of your Maiesties subiects . And those of the poorer sort , who exercising these manufactures are subiect to much oppressiō , to the great hindrāce of some , & utter undoing of many as hath appeared in the particularities of the complaints presented unto us . Our humble desire is , that your Ma : wil be pleased , according to your former resolutiō , to give order , that this cause , which hath thus long hung in suspence , be speedily brought to iudgement : and that before all the Iudges , because it concernes all the subiects of the land . And , in the meane time , that the execution of the said letters patents , so farre forth as they concerne the said new draperies , may be suspended till iudgement be given : whereby your subiectes , who doe in all humilitie present this grievance unto your Maiestie may be relieved , & haue no occasion to reiterate their complaints . Whereas by ancient , and late statutes it hath been enacted , that wines should be retayled at such lowe rates , and prices , as for these 50 yeares last past they could not be affoarded . And for redresse thereof it was ordeyned by a statute , in the 5. yeare of the late Queene Elizabeth , that ( those former lawes notwithstanding ) wines might be solde at such prices , as by Proclamation from time to time to be made by consent of divers great officers , should be published , and set downe : which proclamatiō neverthelesse , the late Queen , & your most excellent Ma : have been drawn to forbear , upō the earnest sute of certein persons , therein onely intended their private gaine ▪ By reason whereof , both great summs of mony in fines , rentes , and annuall payments have been gotten , and raysed vnto the said persons , and their assignes , and great damage and preiudice hath likewise fallen , and light vpon your people , not onely by inhancing the prices of wines , licencing over many Tavernes , and appointing of vnmeet persons , in vnfit places , to keepe the same : But also by reason that corrupt , mingled , evill , and vnwholesome wines have been vttered , and solde to the great hurt of the health of your Highnes people , One man sometimes ingrossing all the Licences designed for that place : Wherevpon complaint being made to your Maiestie , amongst other grievances of your people , in the second session of this present Parliament , your Highnes was pleased to answer , that your grants in that behalfe were no other , then such as were warrantable by the law . Whereas the greivance was the greater , for that all lawes , cōcerning the sale of wines , being intended , and conceived to stand , & be reptaled , there were neverthelesse , by the overfight of them which were trusted in that busienes , casually omitted , and left vnrepealed certaine absolute lawes impossible to be observed : as namely one made in the time of K. Edward the first , commanding wines to be sold at 12. pence the sexterne , and one other made in the 28. of K. Henry the eight prohibiting all persons , vnder penalty , to sell any french wines above 8. pence the gallon , and other wines , as secks , and sweet wines above 12. pence the gallon : and one branch of a statute made in the 7. yeare of K. Edward the 6. prohibiting men to sell any wines by retaile in their howses . Wherevpon your Maiesty hath been induced and drawne to ground new patents of dispensation , and to grant the benefit thereof vnto the Lord Admirall : whereby the like discommodities and inconveniences have sithence insued vnto the common-wealth as formerly did arise and growe vpon the other repealed lawes , whereof , in the former petitions of your subiects exhibited vnto your Maiesty in the sayd second session , your highnes never had any direct , and cleare information . May it therefore please your most excellent Maiesty at the humble request of your commons ( who have taken into consideration the great charges , and expences , which the sayd L. Admirall hath been at , in your Maiesties service , and have considered likewise the present licences , and grants for valuable consideration vnto many hundreth of your Highnes subiects , which without great losse to the sayd grantees , cannot be so suddenly made voide ) out of your Princely wisdome , and goodnes , wherein you have professed not to extend , & straine your prerogative royall against the publique good of your people , for the particular gaine of any private persons , To vouchsafe , that from hench forwards , there may no mo grante ▪ of that nature , be made vnto any of your subiects whomsoever . But that the sayd statute of 5. Elizabeth , for the apprising of wines , to be published by proclamation , a● time , and occasion shall require , may be put in execution . And that your Maiesty will likewise vouchsafe to grant your royall assent to a bill of repeale of the sayd obsolete statutes , and all other , wherevpon any such , Non obstantes , & dispensations might be grounded vpon . In which statute of repeale proviso shal be made for the indempnitie of all such , as vnder your Maiesties great seale have alreadie procured licence for such sale of wines . Whereas , by the lawes of this your Maiesties realme of England no taxes , aides , or impositiōs of any kinde whatsoever , ought or can be laid , and imposed vpon your people , or upon any of their goods , or commodities , but onely by authority and consent of Parliament . Which being vndoubtedly the ancient , and fundamentall law of th●● land , is yet , for more abundant clearnes expresly declared in sundry acts of Parliamēt made and inacted in the time of sundry your Maiesties Progenitors , the noblest , & most prudent Kings of this Realme . Y●●r comōs with iust griefe doe complaine vnto your Maiesty of the late taxe , and imposition laid , and imposed yearely vpon such , as are allowed to keep victualing houses , or sell ale , and beere bee retaile . Which imposition not being taxed by assent of parliament , but commanded , and directed onely by letters , and instructions , your commons are perswaded that the same proceeded rather vpon misinformation , then by the direction , and judgement of your owne most noble & royall heart . Wherefore your said commons knowing the griefe of your people in this behalfe , do ( according to their duties ) in all humilitie informe , and signify vnto your Maiestie : first , that the said taxation being singular , and without example , is in it self a President of dangerous consequence , and ( as your people feare ) may easily ( in time ) be extended further , as to badgers of corne , makers of mal● , drovers of cattel , and such like , who , in such sort , are to be licenced by Iustices of peace , as those persons are , upon whom , at this time , this present charg● and tax is layd . Secondly such howses , being often times at ( the best ) the harbours of idlenes , drunkennes , whoredome , & all maner of felonies , the licences are now ( the honester sort , in most places , refusing to vndergo the new charge ) rented , & taken by the looser , and baser sort of people , who have no conscience how they gaine , By reason whereof all manner of vice , and evill behaviour is likely every day to encrease : neyther can the Iustices of peace conveniently prevent the same : for that the persons licenced under the late contribution , affirme , with clamour , that they have a toleration for a yeare , and that such persons are not friends unto the crowne , that seeke to suppresse them , and thereby to diminish your highnes revenewes . Thirdly many Iustices of peace , ( being sworne to execute their office ) which for this particular they conceive to be , that alehouse keepers formerly licensed , are not to be suppressed without iust , and reasonable cause , cannot be satisfied touching their sayd oath , but are much distracted , and perplexed what to doe ( the late instructions notwithstanding ) against such persons , a● otherwise being not knowen to be of evi● behaviour , onely refuse to pay this late taxed and imposed some of money . In consideration whereof , your humble cōmons most instantly beseech your most excellent Maiestie that the former letters , and instructions may be countermaunded , or stayed , and all further directions , and proceedings in that kinde forborne . Among many resemblances , which are observed to be between naturall and politique bodies , there is none more apt , and naturall then this , That the diseases of both doe not , at one instant , cōmonly seise vpon all partes : but beginning in some one part , doe , by tract of time , and by degrees , get possession of the whole , unlesse by applying of wholesome and proper remedies , in due time , they be prevented . Which as it is in many things very visible ▪ so it is in nothing more apparant , then in this matter of impositions : which beginning at the firste eyther with forreigne commodities brought in , or such of our owne , as were transported , is now extended to those cōmodities , which growing in this kingdome , are not transported , but uttered to the subjects of the same : for proofe whereof , wee doe , with all humilitie present unto your Ma : view the late imposition of 12. pence the chalder of seacole rising in Blith & Sunderland , not by vertue of any contract , or grant ( as in the coales of New castle ) but under a meer pretext of your Majesties most royall prerogative : which imposition is not onely grievous for the present ( especially to those of the poorer sort , the price of whose onely , and most necessarie fewell is thereby , to their great griefe , inhaunced ) but dangerous also for the future ; considering that the reason of this president may be extended to all the commodities of this kingdome . May it therefore please your most excellent Maiestie , who is the great , and soveraigne physition of this estate , to apply such a remedie as this disease may be presently cured , and all diseases for tyme to come , of like nature , prevented . These grievances were Presented to his Maiesty with a speach of Sir Fr. Bacon , by 12. of the lower house . 7. July 1610. in the 4. session of Parliament ; Because the King commanded 12. and no moe , &c. Notes, typically marginal, from the original text Notes for div A69292-e790 New Impositions . Cōmission ecclesiasticall . Proclamations . Stay of writes of prohibition , &c. 4. Shires . New drapery . License of Wines . Alehouses Seacole .