Selected quad for the lemma: judgement_n
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A69292
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A record of some worthy proceedings in the honourable, wise, and faithfull Howse of Commons in the late Parliament
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England and Wales. Parliament. House of Commons.; Bacon, Francis, 1561-1626.
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1611
(1611)
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STC 7751; ESTC S122422
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22,834
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50
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other cannot possibly be severed in debate of either we alledge that your Majesties prerogatives of that kynd coÌ„cerning directly the subjects right and interest wee dayly handled and discussed in all courts at Westminster and have been ever freely debated vpon all fit occasions but in this all former Parliaments without restraint Which being forbidden it is impossible for the subject either to know or mainteine his right propertie to his owne landes and goods though neuer so just and manifest It may further please your Most excellent Majesty to vnderstand that wee have no minde to impugne but a desire to informe ourselves of your highnes prerogative in that point which if ever is now most necessary to be knowne And though it were to no other purpose yet to satisfie the generality of your Majesties subjects who finding themselves much grieved by these new Imdositions do languish in much sorrow and discomfort These reasons dreade soveraigne being the proper reasons of Parliament do pleade for the vpholding of this our ancient right and liberty Howbeit seing it hath pleased your Majestie to insist vpon that judgement in the Exchequer as being direction sufficient for us without further examination upon great desire of leaving your Ma vnsatisfied in no one point of our intents and proceedings wâ— professe touching that judgement That we neither doe nor wil take upon us to reverse it but our desire is to know the reasoÌ„s whereupon the same was grounded And the rather for that a generall coÌ„ceipt is had that the reasons of that judgement may be exteÌ„ded much further even to the utter ruine of the ancient libertie of this kingdome and of the subjects right of propertie to haue landes and goods Therefore the judgement it self being the first and the last that ever was given in that kind for ought appearing unto us and being onely in one case and against one man it can binde in law no other then that person and is also reversable by writ of error graunted heretofore by act of Parliament And neither hee nor any other subject is debarred by it from trying his right in the same or like case in any of your Majesties Courts of record at Westminster Lastly wee nothing doubt but your intended proceeding in a full examination of the right nature measure of these new impositions if this restraint had not come betweene should have been so orderly and moderately caried so applied to the manifold necessitie of these tymes and given your Majesty so true a view of the state and right of your subjects that it would have been much to your Majesties content and satisfaction which wee most desire remoued all cause of feares and jealousies from the loyall hearts of your subjects which is as it ought to be our carefull indeavour Whereas contrarywise in that other way directed by your Majesty wee cannot safely proceed without concluding for ever the right of the subject which without due examination thereof wee may not doe We therefore your highnes loyall and dutifull commons not swerving from the approved steps of our ancestors most humbly and instantly beseech your gracious Majesty that without offence to the same we may according to the vndoubted right and libertie of Parliament proceed in our intended course of a full examination of these new impositions that so we may cheerefully pass on to your Majesties busines from which this stâ—p hath by diversion so long with held vs. And wee your Majesties most humble faithfull and loyall subiects shall ever according to our bounden dutie pray for your Majesties long and happie raigne over vs. Delivered by 20. of the lower howse of Parliament the 24. of May 1610 Petitions MOst gracious and dread soveraigne Sith it hath pleased Almightie God of his unspeakable goodnes mercie towards us to call your Majestie to the government of this kingdome and hath crowned you with supreme power aswell in the Church as in the coÌ„mon wealth for the advancement of his glorie the generall benefite of all the subjects of this land Weo doe with all humilitie present at the feet of your excellent Ma our selves and our desires full of confidence in the assurance of your religious minde and princely disposition That you wil be graciously pleased to give life and effect to these our petitions greatly tending as undoubtedly we conceive to the glorie of God the good of his Church safetie of your most royall person wherein we acknowledge our greatest happines to consist 1. Whereas good and provident lawes have beene made for the maintenance of Gods true religion safetie of your Majesties most royall person issue and estate against Iesuites seminarie Priests and popish recusants And although your Majestie by your godly learned and judicious writings have declared your princely christian zeale in the defence of the religion established have very lately to the comfort of your best affected subjects published to both howses of Parliament your princely will and pleasure that recusants should not be concealed but derected and convicted yet for that the lawes are not executed against the Priests who are the corrupters of the people in religion and loyaltie and many Recusants haue already compounded and as it is to be feared more and more except your Ma in your great wisdom preveÌ„t the same will coÌ„pound with those beg their penalties which maketh the lawes altogither fruitless or of litle or none effect the offenders to become bold obdurate and unconformable Your Majestie therefore would be pleased at the humble sute of your commons in this present Parliament assembled in the causes so highly concerning the glorie of God the preservation of true religion of your Majestie and state to suffer your highnes naturall clemencie to retire it self and to giue place unto justice and to lay your royall coÌ„mand upoÌ„ al your ministers of justice both ecclesiastical civil to see the lawes made against Iesuites seminarie Priests and Recusants of what kind and sect soever to be duely and exactly executed without dread or delay And that your Majestie would be pleased likwise to take into your owne hands the penalties due for recusancie and that the same be not converted to the priuate gaine of some to your infinite losse the imboldning of the Papists and decay of true religion 2. Whereas also divers painfull and learned Pastors that haue long traveiled in the work of the Ministerie with good fruit and blessing of their labours who were ever ready to perform the legal Subscription appointed by the Statute of 13. Elizab which onely concerneth the confession of the true Christian faith and doctrine of the Sacraments yet for not conforming in some points of ceremonies and refusing the subscription directed by the late Canons have been removed from their ecclesiasticall livings being their freehold and debarred from all meanes of maintenance to the great griefe of sundry your Majesties well affected subjects seing the whol people that want
your loyall and dutifull subiectes to order the ceasing of the sayde iurisdiction over those counties to the great comfort of the inhabitants of those counties and the rest of your Maiesties subiects of all the kingdome Complaint was made in all humble manner the second session of this present Parliament of many disorders outrages oppressions committed vpon occasion of letters patents granted to the Duke of Lenox for the searching and sealing of stufs and manufactures called by the name of new draperie which patent wee held in all or the most partes of it to be questionable and in many apparantly vnlawfull and the execution thereof we found stretched by the farmers and deputies beyond the extent of the sayd letters patents as appeares in the particulars set downe in the said greivance To which it pleased your Majestie to give this gracious answer that the validitie of the sayd patent should be left to be judged by the law And whensoever any abuse arising in the execution thereof should appeare it should be severely punished Which was for that time to our good satisfaction yet finding by divers complaints made now in Parliament that not only the said letters patents are still in force and the validity of them undecided by iudgement but disorders in the execution of them are so farre off from being reformed that they multiply every day to the grievance of your Maiesties subiects And those of the poorer sort who exercising these manufactures are subiect to much oppressioÌ„ to the great hindraÌ„ce of some utter undoing of many as hath appeared in the particularities of the complaints presented unto us Our humble desire is that your Ma wil be pleased according to your former resolutioÌ„ to give order that this cause which hath thus long hung in suspence be speedily brought to iudgement and that before all the Iudges because it concernes all the subiects of the land And in the meane time that the execution of the said letters patents so farre forth as they concerne the said new draperies may be suspended till iudgement be given whereby your subiectes who doe in all humilitie present this grievance unto your Maiestie may be relieved haue no occasion to reiterate their complaints Whereas by ancient and late statutes it hath been enacted that wines should be retayled at such lowe rates and prices as for these 50 yeares last past they could not be affoarded And for redresse thereof it was ordeyned by a statute in the 5. yeare of the late Queene Elizabeth that those former lawes notwithstanding wines might be solde at such prices as by Proclamation from time to time to be made by consent of divers great officers should be published and set downe which proclamatioÌ„ neverthelesse the late Queen your most excellent Ma have been drawn to forbear upoÌ„ the earnest sute of certein persons therein onely intended their private gaine By reason whereof both great summs of mony in fines rentes and annuall payments have been gotten and raysed vnto the said persons and their assignes and great damage and preiudice hath likewise fallen and light vpon your people not onely by inhancing the prices of wines licencing over many Tavernes and appointing of vnmeet persons in vnfit places to keepe the same But also by reason that corrupt mingled evill and vnwholesome wines have been vttered and solde to the great hurt of the health of your Highnes people One man sometimes ingrossing all the Licences designed for that place Wherevpon complaint being made to your Maiestie amongst other grievances of your people in the second session of this present Parliament your Highnes was pleased to answer that your grants in that behalfe were no other then such as were warrantable by the law Whereas the greivance was the greater for that all lawes coÌ„cerning the sale of wines being intended and conceived to stand be reptaled there were neverthelesse by the overfight of them which were trusted in that busienes casually omitted and left vnrepealed certaine absolute lawes impossible to be observed as namely one made in the time of K. Edward the first commanding wines to be sold at 12. pence the sexterne and one other made in the 28. of K. Henry the eight prohibiting all persons vnder penalty to sell any french wines above 8. pence the gallon and other wines as secks and sweet wines above 12. pence the gallon and one branch of a statute made in the 7. yeare of K. Edward the 6. prohibiting men to sell any wines by retaile in their howses Wherevpon your Maiesty hath been induced and drawne to ground new patents of dispensation and to grant the benefit thereof vnto the Lord Admirall whereby the like discommodities and inconveniences have sithence insued vnto the common-wealth as formerly did arise and growe vpon the other repealed lawes whereof in the former petitions of your subiects exhibited vnto your Maiesty in the sayd second session your highnes never had any direct and cleare information May it therefore please your most excellent Maiesty at the humble request of your commons who have taken into consideration the great charges and expences which the sayd L. Admirall hath been at in your Maiesties service and have considered likewise the present licences and grants for valuable consideration vnto many hundreth of your Highnes subiects which without great losse to the sayd grantees cannot be so suddenly made voide out of your Princely wisdome and goodnes wherein you have professed not to extend straine your prerogative royall against the publique good of your people for the particular gaine of any private persons To vouchsafe that from hench forwards there may no mo grante of that nature be made vnto any of your subiects whomsoever But that the sayd statute of 5. Elizabeth for the apprising of wines to be published by proclamation aâ— time and occasion shall require may be put in execution And that your Maiesty will likewise vouchsafe to grant your royall assent to a bill of repeale of the sayd obsolete statutes and all other wherevpon any such Non obstantes dispensations might be grounded vpon In which statute of repeale proviso shal be made for the indempnitie of all such as vnder your Maiesties great seale have alreadie procured licence for such sale of wines Whereas by the lawes of this your Maiesties realme of England no taxes aides or impositioÌ„s of any kinde whatsoever ought or can be laid and imposed vpon your people or upon any of their goods or commodities but onely by authority and consent of Parliament Which being vndoubtedly the ancient and fundamentall law of thâ—â— land is yet for more abundant clearnes expresly declared in sundry acts of ParliameÌ„t made and inacted in the time of sundry your Maiesties Progenitors the noblest most prudent Kings of this Realme Yâ—â—r comoÌ„s with iust griefe doe complaine vnto your Maiesty of the late taxe and imposition laid and imposed yearely vpon such as are allowed to keep victualing houses or