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
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
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