some points of the law, and making new : 11 Jan. 1 Jac. fol. 57. forbiddeth chusing of knights and burgesses bankrupt or outlawed; and commandeth choice of such as are not only taxed to subsidies, but also have ordinarily paid and satisfied the same, fol. 57.-If returns be made contrary to proclamation, they are to be rejected as unlawful and insufficient, fol. 60. -25 Aug. 5 Jac. fol. 151. That the Proclamation should be a warrant to any officer or subject to seize starch, and to dispose or destroy any stuff, &c. And restraineth all men not licenced to make starch, fol. 154. 2. A Proclamation made shortly after parlia dent session: 1 March, 2 Jac. fol. 112. A proclamation for building with brick, after a bill to that end rejected. parliament, for matter directly rejected in the same session: Other appointing punishments to be inflicted before lawful trial and conviction; Some containing penalties in form of penal statutes; Some referring the punishment of offenders to the courts of arbitrary discretion, which have laid heavy and grievous censures upon the delinquents: Some, as the proclamation for starch, accompanied with letters cammanding enquiry to be made against transgressors at the quarter sessions: And some vouching former Proclamations, to countenance and warrant the latter; as by a catalogue hereunder written more particularly appeareth. By reason whereof there is a general fear conceiv-ment, for matter directly rejected the preceed and spread amongst your majesty's people, that Proclamations will by degrees grow up and increase to the strength and nature of laws. Whereby not only that ancient happiness [free- 3. Proclamations touching the freehold livedom] will be as inuch blemished (if not quite lihood of men: 16 Sept. 1 Jac. fol. 41. Raistaken away) which their ancestors have so longing and pulling down houses authorised, and enjoyed; But the same may also in process of time) bring a new form of arbitrary government upon the realm. And this our fear is the more increased, by occasion as well of certain books lately published, which ascribe a greater power to proclamations than heretofore hath been conceived to belong unto them: as also of the care taken to reduce all the Proclamations made since your majesty's reign into one volume, and to print them in such form as acts of parliament formerly have been, and still are used to be; which seemeth to imply a purpose to give them more reputation and more establishment than heretofore they have had. We therefore, your majesty's humble subjects, the commons in this parliament assembled, taking these matters into our consideration, and weighing how much it doth concern your majesty both in honour and safety, that such impressions should not be inforced to settle in your subjects minds, have thought it to appertain to our duties as well towards your majesty, as to those that have trusted and sent us to their service, to present unto your majesty's view these fears and griefs of your people; and to become humble suitors unto your majesty, that thenceforth no fine or forfeiture of goods, or other pecuniary or corporal punishment, may be inflicted upon your subjects, (other than restraint of liberty, which we also humbly bescech may be but upon urgent necessity, and to continue but 'till other order, may be taken by course of law) unless they shall offend against some law or statute of this realm in force at the time of their offence committed; and for the greater assurance and comfort of your people, that it will please your majesty to declare your royal pleasure to that purpose, either by some law to be made in this session of parliament, or by some such other Course, whereof your people may take knowledge, as to your princely wisdom shall seem most convenient. A Catalogue of some of the Proclamations complained of. 1. Proclamations importing alterations of prohibition to build them again at any time.12 Oct. 5 Jac. fol. 160. Forbidding building and taking away the materials; and appointing the owners land to be lett by other men at what price they please, fol. 101. 4. Proclamations, referring punishments to be done by justices of the peace, mayors, bailiffs, constables, and other officers; or seizure by persons who have no authority to enquire, hear and determine of those offences; so it is to be inflicted before lawful trial and conviction. 8 Jan. 2 Jac. fol. 72. A proclamation for folding wools, &c. 23 August, 5 Jac. fol. 151. A seizure of starch, &c. 5. Proclamations penned with penalties, in form of penal statutes: 4 Nov. 1 Ĵac. fol. Pain of confiscation of goods. 18 Jan 2 Jac. fol. 72. Ten days imprisonment, and standing in the pillory.-Justices of peace to forfeit 201. if they see not the proclamation of folding woolls executed. 23 Aug. 5 Jac. fol. 151. Forfeiture of one moiety of starch, &c. seized, &c. 6. Punishment of offenders in courts of arbitrary discretion, as Star-Chamber: 1 March, 2 Jac. fol. 102, Proclamation for building.-12 Oct. 5 Jac. fol. 159, a Proclamation for building.-July, 6 Jac. fol. 177, Proclamation for starch.-25 July, 6 Jac. fol. 180, Proclamation for building. 7. Former Proclamations become precedents, and vouched in latter Proclamations. 18 June, 2 Jac. fol. 75, avouched 5 Ed. 6. and 4 Eliz. fol. 73-25 July, 6 Jac. fol. 180, mentioneth former Proclamations against buildings, and explaineth and qualifieth them. Writs of Prohibition, &c. Your majesty's commons, in this session of parliament assembled, do chearfully acknowledge the spring and fountain of public justice of this state to be originally in your majesty. For the benefit thereof is conveyed and derived into every member of this politic body by your highness's writs. Amongst which none are more honourable for the support of the common justice of the been brought at the common law, whereby that question might have come to decision, the plaintiffs have been stopped, sometimes by Injunctions out of your majesty's court of Chancery from their proceedings, sometimes before, sometimes after judgments, and also by imprisonment :-The precedents of which proceed realm, than the writs of Prohibition, Habeas Corpus, et de homine replegiando: which writs have been ever held and found to be a chief means of relief unto the poor, distressed and oppressed subjects of this kingdom, and can be no inconvenience at all: seeing they are no way conclusive against any man, and do draw no benefit to the procurers, but rather a fruit-ings do concern all your majesty's loyal and less charge, if they be obtained upon any unjust ground or pretence.In the free granting of, and proceeding upon, some of which writs, especially that of Prohibition, there hath of late been obscrved to be some obstruction, by reason that upon the complaints and the importunity of soine, who desne the support of inferior courts against the principal courts of the common law, (wherein your majesty hath been greatly troubled) you have taken into your royal consideration the several extents of the jurisdiction of the said several courts.-Since which time the said writs have been more sparingly granted, and with stricter cautions than anciently hath been accustomed. It is therefore most humbly desired that it may please your majesty, whose glory is never more conspicuous than when the poorest of the commonalty are blessed with the influence of the ancient beans of justice, to require your judges in the courts of Westminster to grant the said writs, in cases wherein such writs do lye, and by law are grantable; and in such sort as that such persons whose bodies being either committed to prison, or their causes like to recover great prejudice by proceedings against them in times of vacation, may not be debarred nor deterred from having the speedy relief and benefit of those Writs, more than in former times. Four Shires near Wales. du'iful subjects of this kingdom, as well in respect of the stopping of the fee course of justice, as also by reason that if that kind of jurisdiction were at first extended over these four counties, and be now still continued without warrant of law; the consequence of this exam| ple may in future times give countenance to the erecting of like jurisdictions in other places of this realm. And forasmuch as your majesty was pleased to command all the judges to consider of this question, and that they thereupon bestowed very many days in hearing the cause argued by learned counsel on both sides, and in viewing and considering great numbers of records, produced before them concerning that cause; whereby they have, no doubt, truly informed themselves of the right. It is therefore the most humble petition of the commons in this present parliament assembled, that your most excellent majesty will also be pleased to command, that the judges may deliver their opinion upon that so exact and deliberate hearing, which was had before them, concerning the right of the aforesaid jurisdiction over those four 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 majesty's subjects whom it may concero, may have means to take knowledge there f; and that your majesty will vouchsafe to declare it, by your most princely pleasure, that any of your inajesty's subjects, who may have occasion thereof, may try his or their right in that point, by the due and ordinary course of the common law, either by suing out of Prohibitions, or any other your majesty's writs, without restraint; and that if the said jurisdiction over these four counties shall apfear to your majesty by the opinion of the judges, or otherwise, not to be warranted by out of your most princely and gracious favour towards all your loyal dutiful subjects, to order the ceasing of the said jurisdiction over those counties, to the great comfort of the inhabitants of those counties, and of the rest of your subjects of all the kingdom. Forasmuch as the exercise of authority over the counties of Gloucester, Hereford, Wigorn, and Salop, by the president and council of Wales, by way of Instructions upon a pretext of a statuite made in the 34th year of the reign of king Henry 8, is conceived not to be warranted by that, or any other law of this realm of Frgland. And for that in the second session of this present parliament, there did a bill pass the house of commons, whereby it was de-law, that then your majesty will be pleased, clared that the true intent and meaning of that before mentioned statute was not thereby to subject these counties to that kind of govern ment by Instructions; and yet notwithstanding the inhibitants of those counties are since ut terly discouraged, and in effect de barred from the tryal of the right of that kind of jurisdiction over those counties, by the ordinary course of the common laws of this hand, by reason of Probations which were herctolore frequently granted, upon suggestion that those counties are not part of Wales, or of the marshes of the same, which is the very print in question, are now very hard to be obtained, except in cases where those of that council do exceed the instructions set down to them by your majesty: As also for that, in cases where actions have New Drapery. Complaint was made in all humble manner, the second session of this present parliament, of many disorders, outrages, and oppressions, committed upon occasion of letters patents granted to the duke of Lenox, for searching and scaling of stutis and manufactures, called by the name of New Draperies.—Which patent we held in all, or the most part of it, to be questionable, and in many apparently uniaw ful, and the execution thereof we found majesty, amongst other grievances of your peostretched by the farmers and deputies beyond ple, in the second session of this present parlia the extent of the said letters patents, as ap-ment, your highness was pleased to answer, that pears in the particulars set down in the said your grants in that behalf were no other than grievance.-To which it pleased your majesty such as were warrantable by the laws.-Whereto give this gracious answer; that the validity as the grievance was the greater, for that all of the said patent should be left to be judged laws concerning the sale of Wines being intendby the law, and whensoever any abuse arising ed and conceived to stand and be repealed, in the execution thereof should appear, it there were nevertheless, by the oversight of them should severely be punished.'-Which was which were trusted in that business, casually for that time to our good satisfaction.-Yet omitted, and left unrepealed, certain obsolete finding by divers complaints made now in par- laws impossible to be observed; as namely, liament, that not only the said letters patents one, in the time of king Edward 1. commanding are still in force, and the validity of them un- Wines to be sold at 1s. the sextern; and one decided by judgment, but disorders in the exe- other made in the 28th year of king Henry 8, cution of them, are so far from being reformed, prohibiting all persons, under penalty, to sell that they multiply every day, to the grievance any French Wines above 8d. the gallon; and of your majesty's subjects; and those of the other Wines, as sacks and sweet Wines, above poorer sort, who exercising these manufactures, 1s. the 'gallon:-And one branch of a statute are subject to much oppression, to the great made in the 7th year of king Edward 6, prohhindrance of some, and utter undoing of many, biting men to sell any Wines by retail in their as hath appeared in the particularities of the houses. complaints presented to us. Whereupon your majesty hath been induced Our humble desire is, that your majesty will and drawn to ground new patents of dispensabe pleased, according to your foriner resolu- tion, and to grant the benefit thereof unto the tion, to give order that this cause, which hath lord admiral-Whereby the like discommodithus long hung in suspence, be speedily brought ties and inconveniencies have since ensued unto to judgment; and that before all the judges, the commonwealth, as formerly did arise and because it concerneth all the subjects of the grow upon the other repealed laws, whereof in land; and in the mean time that the execution the former petitions of your subjects, exhibited of the said letters patents, so far forth as they unto your majesty in the said second, session, concern the said New Drapery, may be suspend-your highness never had any direct and clear ed till judgment be given: whereby your sub- information: jects, who do in all humility present this grievance unto your majesty, may be relieved, and have no occasion to reiterate their complaints. Licence of Wines. May it therefore please your most excellent majesty, at the humble request of your commons, (who have taken into consideration the greatest charges and expences which the said ford admiral bath been at in your majesty's serWhereas by ancient and late statutes it hath vice, and have considered likewise the present been enacted, that Wines should be retailed at licences and grants, for valuable considerations such low rates and prices, as for this 50 years unto many hundreds of your highness's subjects, past they could not be afforded; and for re- which, without great loss to the said grantees, dress thereof, it was ordained by a statute in cannot be so suddenly inade void) out of your the 5th year of the late queen Elizabeth, that princely wisdom and goodness, wherein you (those former laws notwithstanding) Wines might have professed not to extend and strain your be sold at such prices, as by proclamation from prerogative royal, against the public good of time to time to be made by consent of many your people, for the particular gain of any prigreat offences, should be published and set vate persons, to vouchsafe: that from thencedown: which proclamation, nevertheless, the forth there may no more grants of that nature late queen and your most excellent majesty have be made unto any of your subjects whomsobeen drawn to forbear, upon the earnest suit of ever; but that the said statute of the 5th of certain persons, who therein only intended their Elizabeth for the apprising of Wines, to be pubprivate gain by reason whereof, both great lished by proclamation, as time and occasion sums of money in fines, rents, and annual pay-shall require, may be put in execution: and ments, have been gotten and raised unto the said persons, and their assignees, and great damage and prejudice hath likewise fallen and light upon your people; not only by enhancing the prices of wines, licencing over-many taverns, and appointing of unmeet persons, in unfit places, to keep the same; but also by reason that corrupt, mingled, evil, and unwliolesome Wines have been uttered and sold, to the great hurt of the health of your highness's people: one man sometimes engrossing all the licences designed for that place. Whereupon complaint being made to your VOL. II. that your majesty will likewise vouchsafe to grant your royal assent to a bill of repeal of the said obsolete statutes, and all other whereupon any such non obstantes and dispensations might be grounded.-In which statute of repeal, pro-vision shall be made for the indemnity of all such, as under your majesty's great seal have already procured Licence for such sale of Wines. Alt-houses. Whereas by the laws of this your majesty's realm of England, no taxes, aids, or impositions of any kind whatsoever, ought or can be laid 2 M or imposed upon your people, or upon any of their goods or commodities, but only by authority and consent of parliament.-Which being undoubtedly the ancient and fundamental law of the land, is yet for more abundant clearness expressly declared in sundry acts of parliament, made and enacted in the time of sundry your majesty's progenitors, the noblest and most prudent kings of this realm: Your commons with just grief do complain unto your majesty of the late tax and imposition laid and imposed yearly upon such as are allowed to keep Victualiing Houses, or sell ale and beer by retail: which imposition not being taxed by assent of parliament, but commanded and directed only by letters and instructions, your commons are persuaded that the same proceeded rather from misinformation, than by the direction and judgment of your most noble and royal heart. Wherefore your said commons, knowing the grief of your people in this behalf, do (according to their duties) in all humility inform and signify unto your majesty: 1. That the said taxation being singular and without example, and it is in itself a precedent of dangerous consequence, and (as your people fear) may easily (in time) be extended further, as to badgers of corn, makers of malt, drovers of cattle, and such like, who in such sort are to be licenced by justices of the peace, as those persons are, upon whom, at this time, this present tax is charged and laid. 2. Such houses being oftentimes, at the best, harbours of idleness, drunkenness, whoredom, and all manner of villanies, the licences are now, (the honester sort in most places refusing to undergo the new charge,) rented and taken by the looser and baser sort of people, who have no conscience how they gain. By reason whereof all manner of vice and evil behaviour is likely every day to increase. Neither can the justices of the peace conveniently prevent the same: for that the persons licenced under the late contribution, affirm with clamour, that they have a toleration for a year, and that such persons are not friends unto the crown that seek to suppress them, and thereby to diminish your majesty's revenues. Thirdly, many justices of the peace, (being sworn to execute their office) which for this particular conceive to be, that Ale-house keepers formerly licenced, are not to be suppressed without just and reasonable cause, cannot be satisfied touching their said oath, but are much distracted and perplexed what to do, the late instructions notwithstanding, against such persous, as otherwise being not known to be of evil behaviour, only to refuse to pay this late taxed and imposed sum of money. In consideration whereof, your humble commons most instantly beseech your most excellent majesty, that the former letters and instructions may be countermanded or stayed, and all further directions and proceedings in that kind forborn. Sea-coal. Among many resemblances which are observed to be between natural and politick bodies, there is none more apt and natural than this, that the diseases of both do not at one instance commonly seize upon all parts; but beginning in some one part, do by tract of time, and by degrees, get possession of the whole, unless by applying of wholesome and proper remedies in due time they may be prevented, which, as it is in many things very visible, so it is in nothing more apparent than in this matter of Impositions: which beginning at the first, either with foreign commodities brought in, or such of your own as were transported, is now extended to those commodities, which growing in this kingdom are not transported, but uttered to the subjects of the same: For proof whereof, we do in all humility present unto your majesty's view the late imposition of one shilling the chaldron of Sea-Coals, rising in Blith and Sunderland, not by virtue of any contract or grant, as in the coals of Newcastle, but under a mere pretext of your majesty's most royal prerogative: Which imposition is not only grievous for the present, especially to those of the poorer sort, the price of whose only and most necessary fuel is thereby to their great grief enhanced, but dangerous also for the future, considering that the reason of this precedent may be extended to all the commodities of this kingdom. May it therefore please your most excellent majesty, which is the great and sovereign physician of the estate, to apply such a remedy as this disease may be presently cured, and all diseases for time to come of like nature prevented. Speech of Sir FRANCIS BACON to the King, the 7th of July 1610, on presenting the Petition to his Majesty, who was attended on the Occasion by sir Francis and eleven other Members; taken from 2 Bacon's Works, 4to ed. p. 212. r gracious Sovereign; The knights, citiand burgesses assembled in parliament, in use of your commons, in all humbleness it and present unto your most sacred ty, in their own words, though by my , their Petitions and Grievances. They are onceived and set down in writing, accordcient custom of parliament; they are also Toged according to the manner and taste of Inter times. Therefore for me to make | any additional preface, were neither warranted nor convenient; especially speaking before a king, the exactness of whose judgment ought to scatter and chase away all unnecessary speech as the sun doth a vapour. This only I must say. Since this session of parliament we have seen your glory in the solemnity of the creation of this most noble prince; we have heard your wisdom in sundry excellent speeches which you have delivered amongst us. Now we hope to find and feel the effects of your goodness, in your gracious answer to these our petitions. For this we are persuaded, that the attribute, which was given by one of the wisest writers to two of the best emperors, divus Nerva et divus 'Trajanus,' so saith Tacitus,res olim insocia'biles miscuerunt, imperium et libertatem,' may be truly applied to your majesty. For never was there such a conservator of regality in a crown, nor ever such a protector of lawful freedom in a subject. bind us to wish unto your life fulness of days, and unto your line royal a succession and continuance even unto the world's end. It resteth that unto these petitions here included I do add one more that goeth to them all: which is, that if in the words and frame of them there be any thing offensive; or that we have expressed ourselves otherwise than we should or would; that your majesty would cover it and cast the veil of your grace upon it; and accept of our good intentions, and help them by your benign interpretation. Lastly, I am most humbly to crave a particu Only this, Excellent Sovereign, let not the sound of grievances, though it be sad, seem harsh to your princely ears. It is but gemituslar pardon for myself that have used these few columbæ, the mourning of a dove, with that patience and humility of heart which appertaineth to loving and loyal subjects. And far be it from us, but that in the midst of the sense of our grievances we should remember and acknowledge the infinite benefits, which by your majesty, next under God, we do enjoy; which words; and scarcely should have been able to have used any at all, in respect of the reverence which I bear to your person and judgment, had I not been somewhat relieved and comforted by the experience, which in my service and access I have had of your continual grace and fa vour. 84. The Conviction and Attainder of ROBERT LALOR, Priest, being indicted on the Statute of the 16th Rd. II. cap. 5, commonly called, The Case of Præmunire in Ireland. Hill. 4 JAMES I. A. D. 1607. [From Sir John Davies's Reports.] THIS Robert Lalor, being a native of this kingdom, received his orders of priesthood above 30 years since at the hands of one Richard Brady, to whom the pope had given the title of bishop of Kilmore in Ulster; and for the space of 20 years together his authority and credit was not mean within the province of Leinster. He had also made his name known in the court of Rome, and held intelligence with the cardinal who was protector of this nation; by means whereof he obtained the title and jurisdiction of Vicar-General of the See Apostolick, within the arch-bishoprick majesty, because the king is not of the pope's religion. Lalor's first Indictment and Conviction. THE next term after he was indicted upon the statute of 2 Eliz. enacted in this realm against such as should wilfully and advisedly maintain and uphold the jurisdiction of any foreign prince or prelate in any causes ecclesiBy which astical or civil within this realm. statute the first offence of that kind is punished with loss of goods, and one year's imprisonof the pramunire; and the third offence is ment; the second offence incorreth the penalty made high treason. Upon this indictment he was arraigned, convicted and condemned, and so rested in prison during the next two terms without any farther question. He then made petition unto the lord-deputy to be set at liberty: whereupon his lordship caused him to be examined by sir Oliver St. John, sir James Fullerton, sir Jeffery Fenton, the Attorney and Solicitor-General. At first he made some eva of Dublin and the bishopricks of Kildare and Fernes. This pretended jurisdiction, extending well-nigh over all the province of Leinster, he exercised boldly and securely many years together, until the proclaination was published, whereby all Jesuits and priests ordained by foreign authority were commanded to depart out of this kingdom by a certain time prefixed. After which time he began to lurk and to change his name. Howbeit at last he was apprehended in Dublin, and committed to prison in the Castle there. Upon his first Examination taken by the lord-deputy himself, he acknowledged that he was a priest, and ordained by a popish titulary bishop; that he had accepted the title and office of the Pope's VicarGeneral in the three dioceses before-named, and had exercised spiritual jurisdiction in foro conscientiæ; and in sundry other points he maintained and justified the pope's authority. Lalor's Confession or Acknowledgment. Only he said, he was of opinion that the pope FIRST, he doth acknowledge, that he is not had no power to excommunicate or depose his a lawful Vicar-General in the dioceses of Dub sive and indirect answers; but at last voluntarily and freely he made this ensuing Acknow ledgment or Confession, which being set down in writing word for word as he made it, was advisedly read by him, and subscribed with bis own hand, and with the hands of those who took his examination; and afterwards he confirmed it by his oath before the lord-deputy and council. |