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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
end_n	act_n	parliament_n	session_n	2,713	5	11.3473	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09897	Depopulation arraigned, convicted and condemned, by the lawes of God and man a treatise necessary in these times; by R.P. of Wells, one of the Societie of New Inne.	Powell, Robert, fl. 1636-1652.; England and Wales. Proceedings. 1631. Nov. 23. Court of Star Chamber.	1636 (1636)	STC 20160; ESTC S101175	44,216	152

Statute of 4. Hen. 7. ca. 19. was revived and confirmed and Commissions a warded to certaine persons to enquire of all defaults and offences committed since An. 20. Hen. 8. or then after to be committed contrary to the tenor of the fore-cited Statutes of 4. H. 7.19 and 7. Hen. 8.1 and the act of 5. Eliz. 2. which repealed the Statues of 5. and 6. Edw. 6.5 and 2. and 3. Phi. and Ma. 2. confirming the rest were all repealed 39. Eliz. cap. 1. And thereby explained and enacted that every house which at that time or then after had twenty acres to bee adjudged according to the ordinance de terris mensurandis of errable land meadowe and pasture or more thereunto belonging and so let to farme for three yeares together since the beginning of the Queenes raigne not being the Castle or dwelling House of any Nobleman or Gentleman nor the chiefe mansion house of any Mannor shall be adjudged a house of husbandry for ever with many provisions for repairing and new-building houses of husbandry 39. Eliz. cap. 2. was same Parliament an Act ca. 2. was made that errable land converted to sheepe pastures or to the fatting or grazing of cattell since 1. Eliz. should bee restored or laid to tillage and so continue for ever according to the nature of the soile and course of husbandry with some clauses and restrictions and a penalty of twenty shillings for every acre for every yeare not restored I cannot omit the reasons of this Law inforced in the entrance of it 1 That the strength and flourishing estate of this kingdome hath beene alwayes upheld and advanced by the maintenance of the Plow and tillage 2 Tillage is the occasion of multiplying of people both for service in the wars and time of peace 3 A principall meanes that people are set on worke and thereby withdrawne from idlenesse drunkennesse unlawfull games and all other lewd practizes and conditions of life 4 That by tillage and husbandry the greater part of the subjects are preserved from extreme poverty in a competent estate of maintenance and meanes to live 5 The wealth of the Realme kept dispersed and distributed in many hands where it is more ready to answer all necessary charges for the service of the Realme 6 It is a cause that the Realme doth more stand upon it selfe without out depending upon forreigne Countries either for importation of Corne in time of scarcity or for vent and utterance of our owne commodities These two last mentioned Acts were but to endure to the end of the next Session of Parliament which being holden 43. Eliz. they were then revived and continued ca. 9. and likewise continued 1. Iacobi 25. and afterward discontinued and by the Statute of 21. Iacob all the said other Statutes against decay of houses were utterly repealed And so the remedy must have recourse to the Common Law and the wisedome of the State Sect. 25 I thought it no great digression from any purpose succinctly to runne over those Comitiar Lawes framed according to the necessity of the times wherein they were made that wee may observe the opinion and detestation those times had of this exorbitant evill And though those Lawes be by repeale and expiration exauctorated yet the inconveniences and mischiefes pointed out by them still remaining and increasing and the nature and quality of the offence transcending from meane Tenants to great Land lords from small quantities of acres to whole Towneships tythings and hamlets The care and cure must bee greater and speedier then any Stature-Law hath hitherto provided Yet there is one Law made 25. 25 He. 8. ca. 13. Hen. 8. ca. 13. intituled An act limiting what number of sheepe men shall keepe occupie and have in their owne possession at one time still in force and unrepealed which though in the frontispice it seemes to looke upon a sillie company of sheepe it doth unkennell a subtill sort of Foxes which waste and spoile the Vineyard of the Common wealth Observe 1 the footing of these Foxes by their practizes and injuries to the common good 2 the mischiefes and inconveniences thereupon happenning 3 the great consequence insuing 4 the remedy provided by that Law 1 It discovereth unto us that sundry of the Kings Subjects to whom GOD had disposed great plenty of moveable substance did daily practise and invent waies and meanes how they might accumulate and gather together into few hands as well great multitudes of farmes as great plenty of Cattell and in especiall sheepe putting such lands as they can get to pasture and not to tillage 2 The incoveniences foure fold 1 That thereby they have pulled downe Churches and Townes 2 Inhaunsed the old rates of the rents of the possessions of this Realm or brought it to such excessive fines that no poore man is able to meddle with it 3 That they have raised the prices of all manner of Corne Cattel Wool and such other almost double above the accustomed prices 4 That multitudes of people not able to provide necessary victualls and cloathing for themselves their wives and children were so discouraged with misery and poverty that they fell daily to theft robbery and other inconveniences or pittifully dyed for hunger and cold 3 The consequence or enormities insuing five fold 1 That things thus used be principally to the high displeasure of Almighty God 2 To the decay of the hospitality of this Realme 3 To the diminishing of the Kings people 4 To the let of Cloth-making whereby many poore people had beene accustomed to bee set to worke If remedy were not found it might turne to the utter destruction and desolation of the Realme 4 The remedy prescribed 2. fold restriction and limitation 1 That none should occupie in farme or otherwise have of his owne proper cattell in his owne proper lands nor in the possession lands or grounds of any other which hee shall have in farme by any manner of meanes craft or cunning above two thousand sheep at one time within any part of the Realme upon paine of three shillings and foure pence for every sheepe above that number 2 That none should take in farme for terme of life yeares or at will any more houses and renements of husbandry whereunto any lands are belonging in Towne Village Hamlet or tything above the number of two upon the penalty of three shillings and foure pence for every weeke Sect. 26 All these Statutes are but municipalis aperturae legis overtures of the ancient Common Law One of the mainest speciall occasions of this grand mischiefe is a growing evill of late yeares practized and set on foote by certaine greedy and covetous persons Carnifices carnivoros regni grazing butchers who under colour of their mechainck trade in butchery respecting their owne private gaine and lucre above the generall good of his Highnesse Subjects doe accumulate and gaine into their hands at excessive yearly rents severall great portions and parts of the grounds and lands of this

By this every man may see that his now Majesties proceeding to inquire by way of Commission is no innovated thing as some would murmure and pretend but warranted by former examples though different in the manner and forme according to the difference of times That of K. E. was to inquire and certifie This of K. Phi. and Q. M. to inquire heare and determine In this Statute there is one clause of moderation in these words And for asmuch as it is like to bee that some ground converted from tillage into pasture is divided into severall small parcells remaining and being in divers and severall mens hands so that any one part will not be sufficient to keepe a plow upon and for that some grounds have beene tilled for the destroying of mosse bushes browne firs heath and not onely to be continued in tillage and such like and that also some demeanes in the absence of the owners have beene divided to sundry occupiers who have tilled the same not being commonly used to tillage before the said feast of S. George and for that divers other particular cases may fortune to bee which the generall purveiance of this Statute cannot remedy without greater hurt then good to be done by the same and for that also in some places of this Realme it is not necessary the purveying of this estatute to extend and to be fully executed but in some places and upon some occasions or causes it may more conveniently bee spared then put in ure and is therefore necessary to referre such things with all other circumstances to the discretion of the Commissioners who may more perfectly understand the same Sect. 59 By this every man may collect that no positive Law can bee so punctually made as to adapt a cure for every civill disease but must admit of a temper and qualification in some things aswell as an agravation in other things according to the intervenience of circumstances and therefore there was a power of discretion left unto the Commissioners But this evill being now growne great and in favour and alliance with the greatest men of a Country the providence of his Majesty and the State hath by this Commission only delegated a power to inquire and certifie but not to determine reserving that to the discretion of himselfe and his sacred Councell who never confine their Iudgements to the faces but the facts of men and secundum allegata probata There is another provision in that Law of Philip and Mary in these words And bee in enacted by the authority aforesaid that if any person or persons shall bee condemned or charged with or for any offence that hee or they ought not to bee charged withal by this act or by any of the foresaid former Statutes That then the said party or parties shall and may have his or their traverse and remedy therefore in the Star-chamber before the Councell there Sect. 60 Hence is to bee inferred that no Law can bee so wisely woven and contexed but will neede some interpretation and explanation And to whom doth the interpretation of the Lawes belong but to the King assisted with his Honourable Councell and to the Reverend Iudges under him There is no Act done by the body of the Councell but is presumed to be the Act of the King In the time of Ed. the 3. Thorpe and other grave Iudges would not in cases of difficulty deliver their finall Iudgements untill they had resorted to the Lords of the Councell Of cases in that kinde the yeare bookes in his Raigne are plentifull This Statute according to the practise of former times seems to refer the party grieved to a remedy by way of traverse and defence in the Star-chamber a Court consisting of the greatest Lords of the Honourable Councell spirituall and temporall reverend Iudges and other assistants Whither should there then bee any refuge either for the interpretatiō or moderation of positive Lawes in the vacancy and cessation of the great Court of Parliament but unto this Court where Kings themselves have often vouchsafed to sit in person Sect. 61 His now M t s providence and Iustice in dispersing his said Commissions cannot take so good effect if the people and Country for redres of whose grievances they are awarded be not dextrous and carefull in performing their duties of inquiry discovery the Cmmoissioners are injoyned under their faith legiance to discharge the trust in them reposed and all his M t s Subjects aswell officers as others by the last clause of the Cōmission are required to be attending ayding and assisting unto them so often as they shall be thereunto summoned I cannot therefore passe by those good and lawfull men of the Country who not only by vertue of their naturall and legall legiance but also by a Sacramentall tye and bond are or shall bee ingaged and charged to inquire of those offences in the country without a monitory caution that they imitate especially one of the properties prescribed by Iethro his Counsell to Moses in selecting his Rulers of the people to be viri fortes able men non fortitudine corporis but animi not in strength of body but strength of minde not to feare the faces of men not of a Land-lord not of a potent man were he a Livetennant or greater in a Country Fortitude is one of Tullie his cardinall vertues it banisheth all sordid and slavish feare It was an old complaint that Lawes were aranearum telis similes like Cobwebs wherein the smaller flies are caught great ones breake forth Surely our Laws are not such of themselves and most sure it is that our superiour seats of Laws and Iustice are not so easily passed through but that they will seize and hold the most griping and rapacious bird or beast And with them is observed aswell the practize as the rule Indè ortae leges ne fortior omnia posset But it is the abuse of bad men together with the cowardise and pusillanimity of those who should be probi legales homines for want of presenting and bringing offendors under the eye of Law that the Lawes are so much disesteemed Such men who are so regardlesse of their allegiance so carelesse of their conscience and respectlesse of their oathes that they will not see and discover the desolations and greevances of their Country are themselves a greevance to the Country and enemies to the King and State Hostis est Sen. in Her fur quisquis mihi non monstrat hostem He is a foe unto me that discovers not my foe A man may asmuch transgresse in conniving at and concealing an offence as the offender himselfe in the acting of it and therefore may justly expect a proportionable punishment This may suffice for a briefe remembrance to the Iurors whereof the Counstables and other Country Officers may partake I shall conclude all with a Caution to Farmers and Husbandmen and then draw to an end Sect. 62 They may observe by what hath