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
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 permissioÌ„ 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 religioÌ„ 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 froÌ„ maintenance to the discouragement of Students the hinderance of learning the non-residents for seeking or absenting themselves froÌ„ 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 dispensatioÌ„s 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 coÌ„monly 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 coÌ„mon 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 inconvenienâ—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 coÌ„plaints your most gracious answer which we caÌ„not doubt but wil be such as may be worthy of your princely selfe and will give satisfactioÌ„ great coÌ„fort 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 coÌ„modities 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 coÌ„mon 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 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