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
other cannot possibly be severed in debate of either we alledge that your Majesties prerogatives of that kynd coÌ„cerning 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 wâ— professe touching that judgement That we neither doe nor wil take upon us to reverse it but our desire is to know the reasoÌ„s whereupon the same was grounded And the rather for that a generall coÌ„ceipt is had that the reasons of that judgement may be exteÌ„ded 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 stâ—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 coÌ„mon 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 preveÌ„t the same will coÌ„pound 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 coÌ„mand upoÌ„ 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
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 coÌ„mon coÌ„sent as may appeare by sundry records of former times Wee therefore your Majesties most humble coÌ„mons 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 ParliameÌ„t may be quite abolished and taken away and that your Maiestie in imitatioÌ„ 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 upoÌ„ your people their goods or merchandizes save onely by coÌ„mon 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 coÌ„modities 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 wheÌ„ occasion shal require it WHereas by the statute 1. Eliz cap. 1. intituled an Act restoring to the crown the auncient iurisdictioÌ„ 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 dâ—vers respects First for that it inableth the making of such a coÌ„mission 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 coÌ„missioners yet under colour of some words in that statute whereby the CoÌ„missioners 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 pateÌ„ts 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 coÌ„mitting 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 coÌ„mission 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 coÌ„mission 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 coÌ„mission 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 coÌ„mended and coÌ„mitted to these CoÌ„missioners 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 coÌ„mission giveth authority to inforce men called into question to enter into recognisance not onely for appearance froÌ„ time to time but also for performance of whatsoever shal be by the coÌ„missioners 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 coÌ„missioners shal be thought fit And touching the execution of the coÌ„mission it is found greivous these wayes among other First for that laymen are by the CoÌ„missioners punished for speaking otherwise then in iudiciall places and courses of the symonie and other misdemeanours of spirituall