Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes — John Shaqi
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
The fifth and last grievance concerning religion, was the encroachment
and abuse of ecclesiastical jurisdiction. The particulars mentioned
were these: 1. Fining and imprisoning in cases not allowed by law. 2.
The challenging their jurisdiction to be appropriate to their order,
which they allege to be _jure divino_. 3. The contriving and publishing
of new articles, upon which they force the churchwardens to take oaths,
and to make inquiries and presentments, as if such articles had the
force of canons; and this was an effect of great presumption and
boldness, not only in the bishops, but in the archdeacons, officials,
and chancellors, taking upon themselves a kind of synodal authority.
The injunctions of this kind might, indeed, well partake in name with
that part of the common law which is called the extravagants!
Having despatched these several points, he proceeded to the third
kind of grievances, being such as are against the common justice
of the realm, in the liberty of our persons, and propriety of our
estates, of which he had many to propound: in doing whereof, he would
rather observe the order of time, wherein they were acted, than of
consequence; but when he should come to the cure, he should then
persuade the House to begin with those which were of most importance,
as being now in execution, and very much pressing and exhausting the
commonwealth.
He began with the tonnage and poundage and other impositions not
warranted by law; and because these burdens had long lain upon us, and
the principles which produced them are the same from whence divers
others are derived, he thought it necessary to premise a short
narrative and relation of the grounds and proceedings of the power of
imposing herein practised.[17] It was a fundamental truth, essential to
the constitution and government of this kingdom—an hereditary liberty
and privilege of all the freeborn subjects of the land—that no tax,
tallage, or other charge might be laid upon us, without common consent
in Parliament. This was acknowledged by the Conquerro; ratified in
that contract which he made with this nation, upon his admittance to
the kingdom; declared and confirmed in the laws which he published.
This hath never been denied by any of our kings—though broken and
interrupted by some of them, especially by King John and Henry III.
Then, again, it was confirmed by Mag. Chart., and other succeeding
laws; yet not so well settled but that it was sometime attempted by
the two succeeding Edwards, in whose times the subjects were very
sensible of all the breaches made upon the common liberty, and, by
the opportunity of frequent parliaments, pursued them with fresh
complaints, and for the most part found redress, and procured the right
of the subject to be fortified by new statutes.
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