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 permissioÌ„ 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 religioÌ„ 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 froÌ„ maintenance to the discouragement of Students the hinderance of learning the non-residents for seeking or absenting themselves froÌ„ 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 dispensatioÌ„s 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 coÌ„monly 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 coÌ„mon 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 inconvenienâ—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 coÌ„plaints your most gracious answer which we caÌ„not doubt but wil be such as may be worthy of your princely selfe and will give satisfactioÌ„ great coÌ„fort 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 coÌ„modities 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 coÌ„mon lawes of this Realme which are as ancient as the kingdome it selfe yet these famous Kings for the better contentment and assurance
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
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
sell ale and beere bee retaile Which imposition not being taxed by assent of parliament but commanded and directed onely by letters and instructions your commons are perswaded that the same proceeded rather vpon misinformation then by the direction and judgement of your owne most noble royall heart Wherefore your said commons knowing the griefe of your people in this behalfe do according to their duties in all humilitie informe and signify vnto your Maiestie first that the said taxation being singular and without example is in it self a President of dangerous consequence and as your people feare may easily in time be extended further as to badgers of corne makers of mal◠drovers of cattel and such like who in such sort are to be licenced by Iustices of peace as those persons are upon whom at this time this present charg◠and tax is layd Secondly such howses being often times at the best the harbours of idlenes drunkennes whoredome all maner of felonies the licences are now the honester sort in most places refusing to vndergo the new charge rented taken by the looser and baser sort of people who have no conscience how they gaine By reason whereof all manner of vice and evill behaviour is likely every day to encrease neyther can the Iustices of peace conveniently prevent the same for that the persons licenced under the late contribution affirme with clamour that they have a toleration for a yeare and that such persons are not friends unto the crowne that seeke to suppresse them and thereby to diminish your highnes revenewes Thirdly many Iustices of peace being sworne to execute their office which for this particular they conceive to be that alehouse keepers formerly licensed are not to be suppressed without iust and reasonable cause cannot be satisfied touching their sayd oath but are much distracted and perplexed what to doe the late instructions notwithstanding against such persons a◠otherwise being not knowen to be of evi◠behaviour onely refuse to pay this late taxed and imposed some of money In consideration whereof your humble cōmons most instantly beseech your most excellent Maiestie that the former letters and instructions may be countermaunded or stayed and all further directions and proceedings in that kinde forborne Among many resemblances which are observed to be between naturall and politique bodies there is none more apt and naturall then this That the diseases of both doe not at one instant cōmonly seise vpon all partes but beginning in some one part doe by tract of time and by degrees get possession of the whole unlesse by applying of wholesome and proper remedies in due time they be prevented Which as it is in many things very visible so it is in nothing more apparant then in this matter of impositions which beginning at the firste eyther with forreigne commodities brought in or such of our owne as were transported is now extended to those cōmodities which growing in this kingdome are not transported but uttered to the subjects of the same for proofe whereof wee doe with all humilitie present unto your Ma view the late imposition of 12. pence the chalder of seacole rising in Blith Sunderland not by vertue of any contract or grant as in the coales of New castle but under a meer pretext of your Majesties most royall prerogative which imposition is not onely grievous for the present especially to those of the poorer sort the price of whose onely and most necessarie fewell is thereby to their great griefe inhaunced but dangerous also for the future considering that the reason of this president may be extended to all the commodities of this kingdome May it therefore please your most excellent Maiestie who is the great and soveraigne physition of this estate to apply such a remedie as this disease may be presently cured and all diseases for tyme to come of like nature prevented These grievances were Presented to his Maiesty with a speach of Sir Fr. Bacon by 12. of the lower house 7. July 1610. in the 4. session of Parliament Because the King commanded 12. and no moe c. New Impositions Cōmission ecclesiasticall Proclamations Stay of writes of prohibition c. 4. Shires New drapery License of Wines Alehouses Seacole