Selected quad for the lemma: kingdom_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
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
|
of their loving subjects agreed that this old fundamentall right should be further declared and established by act of Parliament Wherein it is provided that no such charges should ever be layd upon the people without their coÌ„mon coÌ„sent as may appeare by sundry records of former times Wee therefore your Majesties most humble coÌ„mons assembled in Parliament following the example of this worthy care of our ancestors and out of a dutie of those for whome we serve finding that your Majestie without advise or consent of Parliament hath lately in time of peace set both greater impositions and farre more in number then any your noble ancestors did ever in time of warre have with all humilitie presumed to present this most iust and necessarie Petition unto your Ma That all impositions set without the assent of ParliameÌ„t may be quite abolished and taken away and that your Maiestie in imitatioÌ„ likewise of your noble Progenetors wil be pleased that a law may be made during this session of Parliament to declare that all Impositions set or to be set upoÌ„ your people their goods or merchandizes save onely by coÌ„mon consent in Parliament are and shal be void Wherein your Ma shal not onely give your subiects good satisfaction in point of their right but also bring exceeding ioy and comfort to them which now suffer partly through the abating of the price of native coÌ„modities partly through the raising of all forraign to the overthrow of Merchants and shipping the causing of a generall dearth decay of wealth among your people who wil be thereby no lesse discouraged then disabled to supply your Ma wheÌ„ occasion shal require it WHereas by the statute 1. Eliz cap. 1. intituled an Act restoring to the crown the auncient iurisdictioÌ„ over the state ecclesiasticall c. power was given to the Queene and her successors to constitute and make a Commission in cause ecclesiasticall the said Act is found to be inconvenient of dangerous extent in dâ—vers respects First for that it inableth the making of such a coÌ„mission as wel to any one subiect borne as to more Secondly for that whereas by the intention and wordes of the sayd statute ecclesiasticall iurisdiction is restored to the crown and highnes by that statute inabled to give only such power ecclesiasticall to the sayd coÌ„missioners yet under colour of some words in that statute whereby the CoÌ„missioners are authorised to execute their Commission according to the tenour and effect of your highnes letters patents And by letters patents grounded thereupon the sayd Commissioners doe fine and imprison and exercise other authoritie not belonging to the ecclesiasticall iurisdiction restored by that statute which we conceive to be a great wrong to the subiect And that those Commissioners might as well by colour of those words if they were so authorized by your highnes letters pateÌ„ts fine without stint and imprison without limitation of time as also according to will and discretion without any rules of law spirituall or temporall adiudge and impose utter confiscation of goods forfeiture of lands yea and the taking away of limme and of life it selfe this for any matter whatsoever perteyning to spirituall iurisdiction Which never was nor could be meant by the makers of that law Thirdly for that by the said statute the King and his successors may howsoever your Maiestie hath been pleased out of your gracious disposition otherwise to order make and direct such Comission into all the Counties and Dioceses yea into every parish of England and thereby all causes may be taken from ordinarie iurisdiction of Bishops Chancellors and Arch deacons and lay men solely be inabled to excommunicate exercise all other censures spiritual Fourthly for that every petty offence perteyning to spirituall iurisdiction is by colour of the sayd wordes and letters Patents grounded thereupon made subiect to excommunication and punishment by that strange and exorbitant power and commission whereby the least offenders not coÌ„mitting any thing of any enormous or high nature may be drawne from the most remote places of the kingdome to London or York which is very grievous and inconuenient Fifthly for that limit touching causes subject to this coÌ„mission being onely with these words viz. Such as perteine to spirituall or ecclesiasticall iurisdiction it is very hard to knowe what matters or offences are included in that number And the rather because it is unknown what ancient canons or lawes spirituall are in force what not from whence ariseth great incertaintie and occasion of contention And whereas upon the same statute a coÌ„mission ecclesiasticall is made Therein is grievance apprehended thus First for that thereby the same men have both spirituall and temporall jurisdiction and may both force the party by oath to accuse himselfe of an offence also inquire thereof by a jurie and lastly may inflict for the same offence at the same time and by one and the same sentence both a spirituall and temporall punishment Secondly whereas upon sentences of deprivation or other spirituall censures given by force of ordinarie jurisdiction an appeale lyeth for the partie grieved that is here excluded by expresse wordes of the coÌ„mission Also here is to be a tryall by iury yet no remedy by traverse nor attaint Neyther can a man haue any writ of errour though a Iudgement or sentence be given against him amounting to the taking away of all his goodes imprisoning him during life yea to the adiudging him in the case of Praemunire whereby his lands are forseyted and he out of the protection of the lawe Thirdly that whereas penal lawes and offences against the same cannot be determined in other courts or by other persons then by those trusted by Parliament with the execution thereof yet the execution of many such statutes diverse whereof were made since 1. Eliz. are coÌ„mended and coÌ„mitted to these CoÌ„missioners ecclesiasticall who are eyther to inflict the punishment conteyned in the statutes being premunire and of other high nature and so to inforce a man upon his own oath to accuse expose himself to these punishments or els to inflict other temporall punishment at their pleasure And yet besides and after that done the partie shal be subiect in the Courtes mentioned in the Acts to punishments by the same actes appointed and inflicted which we think very vnreasonable Fourthly that the coÌ„mission giveth authority to inforce men called into question to enter into recognisance not onely for appearance froÌ„ time to time but also for performance of whatsoever shal be by the coÌ„missioners ordered And also that it giveth power to enioyne parties defendant or accused to pay such fees to ministers of the court as by the coÌ„missioners shal be thought fit And touching the execution of the coÌ„mission it is found greivous these wayes among other First for that laymen are by the CoÌ„missioners punished for speaking otherwise then in iudiciall places and courses of the symonie and other misdemeanours of spirituall