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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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instruction are by this meanes punished and through ignorance lye open to the seducements of popish and ill affected persons Wee therefore most humbly beseech your Majesty would be gratiously pleased that such depriued and silenced ministers may by licence or permissiō of the reverend fathers in their severall diocesses instruct and preach vnto their people in such parishes and places where they may be imployed so as they apply themselves in their Ministery to wholsome doctrine and exhortation and live quietly and peaceably in their callings and shall not by writing or preaching impugne thinges established by publick authority 3. Whereas likewise through pluralitie of benifices toleration of non recidencie in many who possess not the meanest livinges with cure of soules the people in diverse places want instruction and are ignorant easy to be seduced whereby the adversaries of out religiō gaine great advantage and although the pluralists and non-residents doe frame excuse of the smalnesse of some livinges and pretende the maintenance of learning yet we finde by experience that they coupling many of the greatest livings doe leave the least helpless the best as ill served supplied with preachers as the meanest And where pluralists heaping vp many livings into one hand doe by that meanes keep divers learned men frō maintenance to the discouragement of Students the hinderance of learning the non-residents for seeking or absenting themselves frō their pastorall charges doe leave the people as a prey vnto the popish Seducers It might therefore please your most excellent Majestie for remedy of these evils in the Church to provide that dispensatiōs for plurality of benefices with cure of souls may be prohibited that toleration of non-residencie may be restrayned So shall true religion be better vpheld and the people more instructed in divine and civill duties 4. And for asmuch as excommunication is the heaviest censure for the most grievous offences which the Church doth reteine yet exercised and inflicted vpon an incredible number of the common people by the subordinate officers of the jurisdiction ecclesiasticall most cōmonly for very small causes grounded vpon the sole information of a base apparitour in which case the parties before they can be discharged are driven to excessive expence for matters of very small moment so that the richer break thorough more heynous offences and escape that censure by commutation of penance to the great scandall of the Church government in the abuse of so high a censure the contempt of the censure it selfe and grievance of your Majesties poore subjects Wherefore your Majesties dutifull commons most humbly beseech your highnes that some due and fit reformation may be had in the premisses Grievances To the Kinges most excellent Maiestie Most gracious Soveraigne your Majesties most humble commons assembled in Parliament being moved aswel out of their dutie and zeale to your Majestie as out of the sense of iust griefe wherewith your loving subiects are generally through the whole Realme at this tyme possessed because they perceive their cōmon ancient right libertie to be much declined infringed in these late yeares Doe with all dutie humilitie present these our iust complaints thereof to your gracious viewe most instantly craving iustice therein and due redresse And although it be true that many of the particulars whereof we now complaine were in some use in the late Queenes time then not much impugned because the usage of them being then more moderate gave not so great occasion of offence and consequently not so much cause to inquire into the right and validitie of them Yet the right being now more throughly scanned by reason of the great mischiefs and inconvenien●es which the subiects have thereby sustained wee are very confident that your Maiestie wil be so farre from thinking it a point of honour or greatnes to continue any grievance vpon your people because you found them begun in some of your Predecessors times as you will rather hold it a work of great glorie to reforme them since your Maiestie knoweth well that neyther continuance of time nor errours of men can or ought to preiudice truth of iustice and that nothing can be more worthy of so worthy a King nor more answerable to the great wisdome and goodnes which abound in you then to understand the griefes redresse the wrongs of so loyall and well deserving a people In this confidence dread soveraigne we offer these grievances the particulars whereof are hereunder set downe to your gracious consideration and we offer them out of the greatest loyaltie and duetie that subjects can beare to their Prince Most humbly and instantly beseeching your Majestie aswell for justice sake more then which as we conceiue in these Petitions we doe not seek as also for the better assurance of the state and generall repose of your faithfull loving subjects and for testimonie of your gracious acceptation of their full affections declared aswell by their joyfull receiuing of your Majesty at your happy entrance into this kingdom which you have been often pleased with favour to remember as also by their extraordinarie contributions graunted since vnto you such as haue been never yeelded to any former Prince upon the like termes and occasions that we may receive to these our cōplaints your most gracious answer which we cānot doubt but wil be such as may be worthy of your princely selfe and will give satisfactiō great cōfort to all your loyall and most dutifull loving subjects who doe and will ever pray for the happy preservation of your most royall Majestie THe policie and constitution of this your kingdome appropriates unto the Kings of this Realme with the assent of the Parliament as well the soveraigne power of making lawes as that of taxing or imposing upon the subjects goods or merchandizes Wherein they haue justly such a proprietie as may not without their consent be altered or changed This is the cause that the people of this Kingdome as they ever shewed themselues faithfull and loving to their Kings and ready to ayde them in all their just occasions with voluntarie contributions so have they been ever carefull to preserve their owne liberties and rights when any thing hath been done to prejudice or impeach the same And therefore when their Princes occasioned eyther by their warres or their over great bountie or by any other necessitie haue without consent of Parliament set impositions eyther within the land or upon cōmodities eyther exported or imported by the Merchants they have in open Parliament complained of it in that it was done without their consents And thereupon never failed to obteyne a speedie and full redresse without any claime made by the Kinges of any power or prerogative in that point And though the lawe of proprietie be originall and carefully preserved by the cōmon lawes of this Realme which are as ancient as the kingdome it selfe yet these famous Kings for the better contentment and assurance
men though the thing spoken be true the speach tending to the inducing of some condigne punishment Secondly in that these cōmissioners usually appoint and allot to weomen discontented at and unwilling to live with their husbands such portions allowances for present maintenance as to them shall seeme fit to the great incouragement of wives to be disobedient and contemptuous against their husbands Thirdly in that their pursuivantes or other ministers imployed in the apprehension of suspected offenders in any things spirituall in the searching for any supposed scandalous bookes vse to breake open mens houses closets deskes rifeling all corners and secret custodies as in cases of high treason or suspition thereof All which premisses among other things considered your Majesties most loyall and dutifull commons in all humblenes beseech you that for the easing of them aswel from the present grievance as from the feare and possibility of greater in tymes future your highnes would vouchsafe your royall assent and allowance to and for the ratifying of the saide Statute and the reducing thereof and consequently of the saide commission to reasonable and cōvenient limits by some act to be passed in this present session of Parliament Amongst many other pointes of happines freedome which your Majesties subjects of this kingdome have inioyed under your royall Progenitors Kings and Queenes of this Realme there is none which they have accounted more deere and precious then this to be guided and governed by the certaine rule of the law which giveth both to the head and members that which of right belongeth unto them and not by any vncertaine or arbitrary forme of government Which as it hath proceeded from the originall good constitution and temperature of this estate so hath it been the principall meanes of upholding the same in such sort as that their Kings have beene just beloved happy glorious and the kingdome it selfe peaceable flourishing and durable so many ages And the effect aswell of the contentment that the subjects of this kingdome haue taken in this forme of gouernment as also of the love respect and dutie which they have by reason of the same rendred unto their Princes may appeare in this That they haue as occasion hath required yeelded more extraordinarie and voluntary contributions to assist their Kings than the subjects of any other knowne kingdome whatsoever Out of this roote hath growen the indubitable right of the people of this kingdome not to be made subject to any punishment that shall extend to their lives landes bodies or goodes other then such as are ordeyned by the common lawes of this land or the statutes made by their common consent in Parliament Neverthelesse it is apparant both that proclamations have beene of late yeares much more frequent then heretofore and that they are extended not onely to the libertie but also to the goods inheritances and livelihood of men some of them tending to alter some points of the lawe and make anewe Other some made shortly after a session of Parliament for matter directly rejected in the same session other appointing punishments to be inflicted before lawfull triall and conviction Some cōteyning penalties in forme of penall statutes Some referring the punishment of offenders to the courts of arbitrary discretion which have layd heavie and grievous censures vpon the delinquents Some as the Proclamation for starch accompanied with Letters commaunding inquirie to be made against the transgressors at the quarter sessions and some vouching former proclamations to countenance and warrant the later as by a catalogue here vnder written more particularly appeareth By reason whereof there is a generall feare conceived and spread amongst your Maiesties people that proclamations will by degrees grow vp and increase to the strength and nature of lawes Whereby not onely that ancient happynes freedome wil be much blemished if not quite taken away which their ancestors haue so long inioyed but the same may also in proces of time bring a new forme of arbytrary government vpon the Realme And this their feare is the more increased by occasion aswel of certeyn bookes lately published which ascribe a greater power to Proclamatiōs then heretofore hath been conceived to belong unto them as also of the care taken to reduce all the proclamations made since your Maiesties reigne into one volume and to print them in such forme as Acts of Parliament formerly have been still are vsed to be which seemeth to imply a purpose to give them more reputation and more establishment thē heretofore they have had Wee therefore your Maiesties humble subiects the commons in this Parliamen● assembled taking these matters into our considerations and weighing how much it doth concerne your Maistie both in honour and safetie that such impressions should not be suffered to settle in your subiects mindes have thought it to apperteyne to our duties as well towards your Maiestie and to those that haue trusted and sent us to this service to present unto your Maiesties view these feares and griefs of your people to become hūble suiters unto your Maiestie that hence forth no fine or forfeyture of goods or other pecuniary or corporall punishment may be inflicted upon your subjects other thā restraint of liberty which wee also humbly beseech may be but upon vrgent necessity and to continue but till other order may be taken by course of law vnlesse they shall offend against some law or statute of this realme in force at the tyme of their offence committed And for the greater assurance comfort of your people That it will please your Majesty to declare your royall pleasure to that purpose either by some law to be made in this sessiō of Parliamēt or by some such other course wherof your people may take knowledge as to your Princely wisedome shall seeme most convenient Proclamations importing alterations of some points of the law and making new 11. Ian. 1. Iac f. 17. forbiddeth choosing of Knights burgesses bankerupt or outlawed and commandeth choise of such as are not only taxed to subsidies but also have ordinarily payed and satisfied the same f. 59. If returnes be made contrary to the proclamation they are to be rejected as vnlawfull and insufficient f 60. 25. Aug. 5. Ia. f. 151. That the proclamation shal be a warrant to any officer or subject to seise starch and to dispose or destroy any stuffe c. and restreineth all men not licenced to make starch f. 154. 2. A Proclamation made shortly after Parliament for matter directly reiected the precedent session 1. Mar. 2. I. f. 102. A proclamation for building with brick after a bill to that and rejected 3. Proclamations touching the freehold and livelihood of men 16. Septemb. 1. Ia. f. 41. Raising and pulling downe howses authorised and prohibition to build them againe at any tyme. f. 42. 12. Oct. 5. Ia. f. 160. forbidding building and taking away the materials and appointing the owners land to be let by other