House of Commons Journal Volume 1: 23 May 1610

Mercurii, 23 Maii, 1610

Petition to the Knig.

SIR Edwyn Sandys reporteth the Petition, agreed by the Committee, touching Restraint of Speech -

Thought fit by them to be entered.

Privilege.

Sir Henry Poole, - from the Committee touching Mr. Duncombe and Mr. Winston. -

Two Servants shewed the Writ: They said, they had no Meaning to serve him, knowing him to be a Member of this House.

Mr. Duncombe affirmed the contrary.

Adjudged a Serving, because they shewed the Process.

To be called in, reprehended, and forgiven, upon Acknowlegement of their Fault.

Both called, and forgiven.

Ditto.

Privilege to be allowed to Mr. D. Steward, upon a Subpoena out of the Chancery.

Wool Trade.

L. 1. - Deceits in Wools, -

Mr. Lawley, pro; Sir Geo. Moore, contra; Sir John Savill, pro; Sir H. Poole, contra. - Rejected.

Petition to the King.

The Petition to the King read once.

Being called for again ; Messengers came from the Lords, and were heard; viz.

Bills from Lords.

Mr. D. Amye and Mr. Grymston bring Three Bills:

Moor-burning, with Amendments:

Walgrave:

Browne - Nat.

Petition to the King respecting Impositions.

Order read again.

Mr. Carleton: - Tuto, celeriter, jucunde; in all desperate Diseases.

In the Point of the Judgment, " for ought appearing to us," put in.

" Dissatisfied," made " unsatisfied."

" Discomfort," for "Discontent:" "Grieved," for " oppressed."

Mr. Speaker readeth again, after the Amendments. -

" Out or into:" "Prerogative - " "in that Point."

Concluded thus:

" And we your Majesty's most humble, faithful, and loyal Subjects," &c.

A Direction put in : " To the King's most excellent Majesty."

Q. Whether to be ingrossed, and presented to his Majesty. - Resolved.

To be ingrossed in Parchment. Touching the Presenting. -

Sir Tho. Holcroft: - No Petition of Privilege, but by the Speaker: - Nothing in Writing, by the Speaker. -

First, to know his Majesty's Pleasure, before the Parties be agreed on.

Quest. Whether the Order to be entered before presented : - Resolved, to be entered.

Privy Council to present it.

The Petition to be here entered ; viz.

To the King's most excellent Majesty.

Most gracious Sovereign:

WHEREAS your Majesty's most humble Subjects, the Commons assembled in Parliament, have received, first by Message, and since by Speech, from your Majesty, a Commandment of Restraint from Debating, in Parliament, your Majesty's Right of Imposing upon your Subjects Goods exported or imported, out of, or into,this Realm; yet allowing us to examine the Grievance of those Impositions, in regard of Quantity, Time, and other Circumstances of Disproportion, thereto incident; we your said humble Subjects, nothing doubting but that your Majesty had no Intent, by that Commandment, to infringe the ancient and fundamental Right of the Liberty of the Parliament, in point of exact Discussing of all Matters concerning them and their Possessions, Goods, and Rights whatsoever (which yet we cannot but conceive to be done, in effect, by this Commandment) do, with all humble Duty, make this Remonstrance to your Majesty:

First, we hold it an ancient, general, and undoubted Right of Parliament, to debate freely, all Matters which do properly concern the Subject, and his Right or State ; which Freedom of Debate being once foreclosed, the Essence of the Liberty of Parliament is withal dissolved.

And whereas, in this Case, the Subjects Right on the one Side, and your Majesty's Prerogative on the other, cannot possibly be severed in Debate of either; we allege, that your Majesty's Prerogatives of that Kind, concerning directly the Subjects Right and Interest, are daily handled and discussed in all Courts at Westminster; and have been ever freely debated, upon all fit Occasions, both in this, and all former Parliaments, without Restraint: Which being forbidden it is impossible for the Subject, either to know, or to maintain, his Right and Propriety to his own Lands and Goods, though never so just and manifest.

It may farther please your most excellent Majesty to understand, that we have no Mind to impugn, but a Desire to inform ourselves of, your Highness' Prerogative in that Point, which, if ever, is now most necessary to be known ; and though it were to no other Purpose, yet to satisfy the Generality of your Majesty's Subjects; who finding themselves much grieved by these new Impositions, do languish in much Sorrow and Discomfort

These Reasons, dread Sovereign, being the proper Reasons of Parliament, do plead for the Upholding of this our ancient Right and Liberty. Howbeit, seeing it hath pleased your Majesty to insist upon that Judgment in the Exchequer, as being Direction sufficient for us, without further Examination; upon great Desire of leaving your Majesty unsatisfied in no One Point of our Intents and Proceedings, we profess, touching that Judgment, that we neither do, nor will, take upon us to reverse it; but our Desire is, to know the Reasons whereupon the same was grounded; and the rather, for that a general Conceit is had, that the Reasons of that Judgment may be extended much farther, even to the utter Ruin of the ancient Liberty of this Kingdom, and of your Subjects Right of Propriety of their Lands and Goods.

Then for the Judgment itself, being the first, and last, that ever was given in that kind, for ought appearing unto us, and being only in One Case, and against One Man; it can bind in Law no other but that Person; and is also reversable by Writ of Error, granted heretofore by Act of Parliament; and neither he, nor any other Subject, is debarred by it from trying his Right, in the same, or like Case, in any of your Majesty's Courts of Record at Westminster.

Lastly, we nothing doubt but our intended Proceeding, in a full Examination of the Right, Nature, and Measure of these new Impositions (if this Restraint had not come between) should have been so orderly and moderately carried, and so applied to the manifold Necessity of these Times, and given your Majesty so true a View of the State and Right of your Subjects, that it would have been much to your Majesty's Content and Satisfaction (which we most desire) and removed all Cause of Fears and Jealousies from the loyal Hearts of your Subjects ; which is (as it ought to be) our careful Endeavour ; whereas, contrariwise, in that other Way directed by your Majesty, we cannot safely proceed, without concluding for ever the Right of the Subject; which, without due Examination thereof, we may not do.

We therefore, your Highness' loyal and dutiful 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 undoubted Right and Liberty of Parliament, proceed in our intended Course of a full Examination of these new Impositions; that so we may chearfully pass on to your Majesty's Business, from which this Stop hath by Diversion so long with-held us. And we, your Majesty's most humble, faithful, and loyal Subjects, shall ever (according to our bounden Duty) pray for your Majesty's long and happy Reign over us.