[III.]  Amongst  many  other  points  of  happiness  and  freedom,
which  your  Majesty's  subjects  of  this  kingdom  have  enjoyed
under  your  royal  progenitors,  kings  and  queens  of  this  realm,
there  is  none  which  they  have  accounted  more  dear  and  precious
than  this,  to  be  guided  and  governed  by  certain  rule  of  law,
which  giveth  both  to  the  head  and  members  that  which  of  right
belongeth  to  them,  and  not  by  any  uncertain  or  arbitrary  form
of  Government  .  .  .  Out  of  this  root  hath  grown  the  indubitable
right  of  the  people  of  this  kingdom,  not  to  be  made  subject  to
any  punishment  that  shall  extend  to  their  lives,  lands,  bodies  or
goods,  other  than  such  as  are  ordained  by  the  common  laws  of
this  land  or  the  statutes  made  by  their  common  consent  in
Parliament.
Nevertheless  it  is  apparent,  both  that  proclamations  have
been  of  late  years  much  more  frequent  than  heretofore,  and
that  they  are  extended  not  only  to  the  liberty  but  also  to  the
goods,    inheritances    and    livelihood    of    men ;     some    of   them

X


3o6  James  I.  [leio.
tending  to  alter  some  points  of  the  law  and  make  them  new  :
othei"  some  made  shortly  after  a  session  of  parliament,  for
matter  directly  rejected  in  the  same  session :  others  appointing
punishments  to  be  inflicted  befoie  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,  accom-
panied with  letters  commanding  enquiry  to  be  made  against  the
transgressors  at  the  quarter  sessions:  .  .  .  and  some  vouching
former  proclamations,  to  countenance  and  warrant  the  latter  .  ..
