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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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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