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A69292 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. 1611 (1611) STC 7751; ESTC S122422 22,834 50

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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