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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
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 oppressiō to the great hindrāce 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 resolutiō 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 proclamatiō neverthelesse the late Queen your most excellent Ma have been drawn to forbear upō 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 cōcerning 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 a● 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 impositiōs 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 th●● land is yet for more abundant clearnes expresly declared in sundry acts of Parliamēt made and inacted in the time of sundry your Maiesties Progenitors the noblest most prudent Kings of this Realme Y●●r comōs 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