A SPEECH DELIVERED IN PARLIAMENT, BY A worthy MEMBER thereof, AND A most faithfull VVell-wisher to the CHURCH and COMMON-WEALE; Concerning the grievances of the Kingdome.
By I. P. Esquire.
LONDON, Printed for [...]
A SPEECH DELIVERED In PARLIAMENT, BY A worthy Member therof, and a most faithfull well-wisher to the CHURCH and COMMON-WEALE.
NEver Parliament had greater businesses to dispatch, nor more difficulties to The precedent consideration of grievances will further the supply encounter; therefore wee have reason to take all advantages of order and addresse, and hereby we shall not only doe our owne worke, but dispose and inable our selves for the better satisfaction [Page 2] of his Majesties desire of supply. The grievances being removed, our affections will carry us with speede and cheerefulnesse, to give his Majestie that which may bee sufficient both for his honour and support. Those that in first place shall endeavour to redresse the grievances, will be found not to hinder, but to bee the best furtherers of his Majesties service: hee that takes away weights, doth as much advantage motion, as he that addeth wings.
Divers pieces of this maine worke have beene already Great workes are first to bee considered in the modell. propounded, his endeavour should be to present to the House a modell of the whole. In the Creation God made the world according to that Idea or forme, which was eternally preexistent in the divine minde, Moses was commanded to frame the Tabernacle after the patterne shewed him in the Mount. Those actions are seldome well perfected in the execution, which are not first well moulded in the designe, and proposition.
He said, he would labour to contract those manifold A double method compounded of grievances and cures. affaires both of the Church and State, which did so earnestly require the wisedome and faithfulnesse of this House, into a double method of grievances and cures: and because there wanted not some who pretended, that these things wherwith the Common wealth is now grieved, are much for the advantage of the King, and that the redresse of them will be to his Majesties great disadvantage and losse (hee Publike grievances disadvantagious to the King. said) he doubted not but to make it appeare, that is discovering the present great distempers and disorders, and procuring remedie for them, we should bee no lesse serviceable to his Majestie, who hath summoned us to this great Councell, than usefull to those whom we doe here represent: for the better effecting [Page 3] whereof, he propounded three maine branches of his The first generall division. discourse.
In the first (he said) he would offer them the severall 1 heads of some principall grievances, under which the Kingdome groaned.
In the second, he undertook to prove, that the disorders 2 from whence those grievances issued, were as hurtfull to the King as to the people.
In the third, he would advise such a way of healing 3 and removing those grievances, as might bee equally effectuall to maintaine the honour and greatnesse of the King, and to procure the prosperitie and contentment of the people.
In the handling whereof he promised to use such Sharpe matters to be mitigated in the expression. expressions as might mitigate the sharpnesse and bitternesse of those things whereof hee was to speake, so farre as his dutie and faithfulnesse would allow. It is a great Prerogative to the King, and a great honour The King can do no wrong. attributed to him, in a Maxime of our Law, that he can doe no wrong, he is the fountaine of Iustice: and if there be any injustice in the execution of his Commands, the Law casts it upon the Ministers, and frees the King. Activitie, life, and vigour, are conveyed into the sublunary creatures, by the influence of Heaven: but the malignitie and distemper, the cause of so many Fpidemicall diseases, doe proceed from the noysome vapours of the earth, or some ill affected qualities of the aire, without any infection or alteration of those pure, celestiall and incorruptible bodies. In the like manner (he said) the authoritie, the power and countenance of Princes may concur in the actions of evill men, without partaking in the injustice and obliquitie of them. These matters whereof we complaine, have beene presented to his [Page 4] Majestie, either under the pretence of Royall prerogatives, Hurtfull projects presented to the King under plausible notions. which he is bound to maintaine, or of publike good, which is the most honourable object of Regall wisedome. But the covetous and ambitious designes of others, have interposed betwixt his Royall intentions, and the happinesse of his people, making those things pernicious and hurtfull, which his Majestie apprehended as just, and profitable.
He said, the things which he was to propound, A promise of moderation. were of a various nature, many of them such as required a very tender and exquisite consideration, In handling of which, as he would be bold to use the liberty of the place and relation wherein he stood, so he would be carefull to expresse that Modestie and humilitie, which might be expected by those, of whose actions he was to speake. And if his judgement, Submission to reformation. or his tongue should slip into any particular mistake, he would not thinke it so great a shame, to faile by his owne weakenesse, as hee should esteeme it an honour and advantage, to be corrected by the wisdome of that House, to which he submitted himself, with this protestation, that he desired no reformation so much as to reforme himselfe.
The greatest libertie of the Kingdome, is Religion; Religion. thereby we are freed from spirituall evils: and no impositions are so grievous, as those that are laid upon the soule. The next great libertie is Iustice, Iustice. whereby we are preserved from injuries in our persons; and estates, from this is derived into the Commonwealth, peace, and order, and safetie, and when this is interrupted, confusion and danger are ready to overwhelme all: The third great libertie consists Priviledge of Parliament. in the power and priviledge of Parliaments, this is the fountaine of law, the great Councell of the [Page 5] Kingdome, the highest Court: this is inabled by the Legislative and Consiliarie power, to prevent evils to come; by the Judiciarie power, to suppresse and remove evils present. If you consider these three great liberties in the order of dignitie, this last is inferiour to the other two, as Meanes are inferiour to The order propounded in handling these 3 great liberties. the end; but if you consider them in the order of necessitie, and use, this may justly claime the first place, in our care, because the end cannot be obtained without the meanes: if we doe not preserve this, we cannot long hope to enjoy either of the other. Therefore (hee said) being to speake of those grievances which lie upon the Kingdome, hee would observe this order.
- 1. First to mention those, which were against the priviledge of Parliaments.
- 2. Those which were prejudiciall to the Religion established in the Kingdome.
- 3. Those which did interrupt the justice of the Realme, in the libertie of our persons, and propriety of our estates.
The priviledges of Parliament were not given The necessitie and importance of the priviledge of Parliament. for the ornament or advantage of those, who are the members of Parliament, they have a reall use and efficacie, towards that which is the end of Parliaments: we are free from suits, that we may the more intirely addict our selves, to the publike services: we have therefore libertie of speech, that our Counsels may not be corrupted with feare, or our judgements perverted with selfe respects; those three great faculties and functions of Parliament, the Legislative, Iudiciarie, and Consiliarie power, can not bee well exercised without such priviledges as these. The wisedome of our Lawes, the faithfullnesse of our [Page 6] Counsels, the righteousnesse of our Iudgements can hardly be kept pure and untainted, if they proceed from distracted and restrained mindes.
It is a good Rule of the Morall Philosopher, Et non laedas mentem gubernatricem omnium actionum: These powers of Parliament are to the bodie politike as the rationall faculties of the soule, to a man. That which keepes all the parts of the Commonwealth in frame, and temper, ought to be most carefully preserved in that freedome, vigour, and activitie, which belongs to it self. Our predecessors in this house, have ever been most carefull in the first place, to settle and secure their priviledges: and (he said) he hoped that we having had greater breaches made upon us than heretofore, would be no lesse tender of them, and forward in seeking reparation for that which is past, and prevention of the like for the time to come.
Then hee propounded divers particular points Particular breaches of Priviledge. wherein the Priviledge of Parliament had beene broken.
First, in restraining the members of the House 1 Restraint of speech. from speaking.
Secondly, in forbidding the Speaker to put any 2 Interdict of questions. Question.
These two were practised the last day of the last Parliament (and, as was alledged, by his Majesties command) and both of them trench upon the very life and being of Parliaments, for if such a restraining power as this should take root, and bee admitted, it will be impossible for us to bring any resolution to perfection in such matters as shall displease those about the King.
Thirdly, by imprisoning divers Members of Imprisonment of Members. [Page 7] the House for matters done in Parliament.
Fourthly, by indictments, informations, and judgments Iudiciall proceedings. inordinarie and inferiour Courts, for speeches and proceedings in Parliaments.
Fifthly, the disgracefull order of the Kings Order to bee bound to the good behaviour. Bench, whereby some members of this House were injoyned to put in securitie of the good behaviour, and for refusall thereof, they were continued in prison, divers yeares, without any particular allegation against them: one of them was freed by death, others not dismissed till his Majestie had declared his intention, to summon this Parliament. And this he noted, not only as a breach of priviledge, but as a violation of the common justice of the Kingdome.
Sixthly, by the sudden and abrupt dissolution of Abrupt dissolutions of Parliament. Parliaments, contrary to the law and custome. It hath beene often declared in Parliaments, that the Parliament should not be dissolved, till the petitions be answered. This (he said) was a great grievance because it doth prevent the redresse of other grievances.
It were a hard Case, that a private man should bee put to death without being heard: As this representative body of the Commons, receives a being by the summons, so it receives a Civill death by the dissolution. Is it not a much more heaviedoome, by which wee lose our being, and have this civill death inflicted on us, in displeasure, and not to be allowed time and libertie to answer for our selves? that we should not only die, but have this marke of infamy laid upon us, to bee made Intestabiles, disabled to make our Wills, to dispose of our businesse, as this House hath alwayes used to doe, before Adjournments [Page 8] or dissolutions? yet this, hath often beene our case; we have not beene permitted to powre out our last sighes and groanes, into the bosome of our deare Soveraigne; the words of dying men are full of piercing affections: if we might be heard to speake, no doubt wee should so fully expresse our love, and faithfulnesse to our Prince, as might take off the false suggestions and aspersions of others: at least we should in our humble supplications, recommend some such things to him in the name of his people, as would make for his owne honour, and the publike good of his Kingdome.
Thus hee concluded the first sort of grievances, Grievances concerning religion. being such as were against the priviledge of Parliament, and passed on to the next, concerning Religion: all which hee conveyed under these foure heads.
1 The first, was the great incouragement given Incouragemēt of poperie. to poperie, of which he produced these particular evidences.
1 A suspension of all Lawes against Papists, Suspension of Lawes. whereby they enjoy a free, and almost publike exercise of that Religion, and those good Statutes which were made for restraint of Idolatrie, and superstition, are now a ground of securitie to them, in the practice of both, being used to no other end, but to get money into the Kings purse: which as it is clearely against the intentions of the Law, so it is full of mischiefe to the kingdome.
By this meanes a dangerous partie is cherished, and increased, who are ready to close with any opportunitie of disturbing the peace and safetie of the State. Yet (hee said) hee did not desire any new [Page 9] Lawes against poperie, or any rigorous courses in the execution of those alreadie in force; hee was farre from seeking the ruine of their persons or estates, onely hee wisht they might bee kept in such a condition, as should restraine them from doing hurt.
It may bee objected, there are moderate and There can bee no securitie from papists. discreet men amongst them, men of estates, such as have an interest in the peace and prosperitie of the Kingdome, as well as wee. These (hee said) were not to bee considered according to their owne disposition, but according to the nature of the but In their disabilitie. body, whereof they are parties. The Planets have severall and particular motions of their owne, yet they are all rapt and transported into a contrarie course, by the superiour Orbe which comprehends them all. The principles of Poperie are such, as are incompatible with any other Religion: there may bee a suspension of violence, for some by respects, but the ultimate end, even of that moderation, is, that they may with more advantage extirpate that which is opposite to them. Lawes will nto restraine them, Oathes will not, the Pope can dispence with both these, and where there is occasion, his command will act them, to the disturbance of the Realme, against their owne private disposition, yea, against their owne reason and judgement to obey him, to whome they have (especially the Iesuiticall partie) absolutely and intirely obliged themselves, not onely in spirituall matters, but in temporall, as they are in order ad Spiritualia, Henry the third, and Henry the fourth of France, were no Protestants themselves, yet were murthered, because they [Page 10] tolerated the protestants, by which and many other presidents it appeares, that the King, that the Kingdome can have no securitie but in their weaknes and disabilitie to doe hurt.
2 A second incouragement is, their admission into Admission into places of power. places of power and trust in the Common wealth, whereby they get many dependants and adherents, not only of their owne, but even of such as make profession to be protestants.
3 A third, their freedome of resorting to London, Free resort to London and the Court. and the Court, whereby they have opportunitie, not only of Communicating their Counsels, and designes one to another, but of diving into his Majesties Counsels, by the frequent accesse of those who are active men amongst them, to the tables and company of great men, and under subtile pretences and disguises, they want not meanes of cherishing their owne projects, and of indeavouring to mould and biasse the publike affaires to the great advantage of that partie.
4 A fourth, that as they have a congregation of Cardinals at Rome, to consider of the aptest wayes and meanes of establishing the Popes authoritie and Religion in England, so they have a Nuncio here, to act and dispose that partie to the execution of those counsels, and by the assistance of such cunning and Iesuiticall spirits as swarme in this town, to order and mannage all actions, and events, to the furtherance of that maine end.
2 The second grievance in Religion, was from Innovations in matters of Religion. those manifold innovations lately introduced into severall parts of the Kingdome, all inclining to poperie, and disposing and fitting men to entertaine it: the particulars are these.
[Page 11] 1 Divers of the chiefest points of Religion in Maintainance of popish tenets. difference betwixt us and the papists have beene publikely defended in licensed Bookes, in Sermons, in Vniversitie acts and disputations.
2 Divers popish Ceremonies have beene not only practised, Practice of popish ceremonies. but countenanced, yea little lesse than injoyned, as Altars, Images, Crucifixes, bowings, and other gestures and observances, which put upon our Churches a shape and face of poperie. Hee compared this to the drie bones in Ezekiel, first they came together, then the sinewes and the flesh came upon them, after this the skin covered them, and then breath and life was put into them: so (he said) after these men had moulded us into an outward forme and visage of poperie, they would more boldly endeavour to breath into us the spirit and life of poperie.
3 The third grievance, was the countenancing Preferment of men popishly inclined. and preferring those men, who were most forward in setting up such Innovations, the particulars were so well knowne, that they needed not to be named.
4 The fourth was, the discouragement of those Discouragement of true professors. who were knowne to bee most conscionable, and faithfull professors of the truth: some of the wayes of effecting this, he observed to be these.
1 The courses taken to inforce and inlarge those Inlargement of the differences among our selves. unhappy differences, for matters of small moment, which have beene amongst our selves, and to raise up new occasions of further division, whereby many have beene induced to forsake the land, not seeing the end of those voluntarie and humane Injunctions in things appertaining to Gods worship: whereas those who are indeed lovers of Religion, and of the Churches of God, would seeke to make up those [Page 12] breaches, and to unite us more entirely against the common enemie.
2 The over rigid prosecution of those who are Over-rigid prosecution of the scrupulous for things indifferent. scrupulous in using some things enjoyned, which are held by those who enjoyn them, to be in themselvs indifferent. It hath beene ever the dersie of this House, exprest in many Parliaments in Queene Elizabeths time and since, that such might bee tenderly used. It was one of our petitions delivered at Oxford to his Majestie that now is: but what little moderation it hath produced, is not unknowne to us all, any other vice almost may be better indured in a Minister than Inconformitie.
3 The unjust punishments, and vexations of sundry Vnjust punishments for matters not by law. persons for matters required, without any warrant of Law: as
For not reading the booke concerning recreation Reading the booke. on the Lords day.
For not removing the Communion Table to bee The Table set Altarwise. set Altarwise at the East end of the Chancell.
For not comming up to the Railes to receive the Comming to the Railes. Sacrament.
For preaching the Lords day in the afternoone.
For catechising in any other words and manner Preaching upon the Lords day. Varying from the chatechism than in the precise words of the short chatechisme in the Common prayer booke.
The fifth and last grievance concerning Religion, Abuse of Ecclesiasticall jurisdiction. was the incroachment and abuse of Ecclesiasticall jurisdiction: the particulars mentioned are these.
1 Fining and imprisoning in cases not allowed In fining and imprisoning. by law.
2 Their challenging their jurisdiction to be appropriate Claiming jurisdiction to be Jure Divino. to their order, which they alledge to be Iure Divino.
[Page 13] 3 The contriving and publishing of new articles, Articles of the visitations. upon which they inforce the Churchwardens to take oathes, and to make inquiries and presentments, as if such articles had the force of Canons: and this, he said, was an effect of great presumption and boldnesse, not onely in the Bishops, but in their Archdeacons, Officials, and Chancellours, taking upon themselves a kinde of Synodall authoritie: and the Injunctions of this kinde, might well partake in name with that part of the common law, which is called the Extravagants.
Having dispatcht these severall points, hee proceeded Grievances concerning the libertie of persons and estates. to the third kinde of grievances, being such as are against the common justice of the Realm, in the libertie of our persons, and proprietie of our estates, of which (he said) he had many to propound: In doing whereof, hee would rather observe the order of time, wherin they were acted, than of consequence: but when hee should come to the cure, hee should then perswade the House to begin with those, who were of most importance, as being now in execution, and very much pressing and exhausting the Common wealth.
He began with the Tonnage and Poundage, and Tonnage and Poundage impositions. other impositions not warranted by law: and because these burdens had long lyen upon us, and the principles which produced them, are the same from whence divers others are derived, hee thought it necessary to premise a short narrative, and relation of the grounds and proceedings of the power of imposing Not to be taken but by consent in parliament. herein practised. It was (hee said) a fundamental truth essential to the constitution and government of this Kingdom, an hereditarie liberty and priviledge of al the free born subjects of the land, that no tax, tallage, or [Page 14] other charge might be laid upon us, without common Acknowledged by the Conquerour. consent in Parliament, this was acknowledged by the Conquerour, ratified in that contract which he made with this Nation, upon his admittance to the Kingdome, declared and confirmed in the lawes which he published.
This hath never beene denyed to any of our Kings, Sometimes broken by other Kings, but never denyed. though broken and interrupted by some of them, especially by King Iohn, and Hen. 3. then againe confirmed by Mag. Chart. and other succeeding lawes: yet not so well setled, but that it was sometime attempted by the two succeeding Edwards, in whose times Those breaches repaired by succeeding Parliaments. the subjects were very sensible of all the breaches made upon the common libertie, and by the opportunitie of frequent Parliaments, pursued them with fresh complaints, and for the most part, found redresse, and procured the right of the subject to bee fortified by new Statutes.
He observed, that those Kings, even in the Acts Some mixture of evidence for the subject in these very breaches. whereby they did breake the law, did really affirme the subjects libertie, and disclaim that right of imposing, which is now challenged, for they did usually procure the Merchants consent, to such taxes as were laid, thereby to put a colour of justice upon their proceeding,, and ordinarily they were limited to a short time, and then propounded to the ratification of the Parliament, where they were cancell'd or confirmed, as the necessity and state of the Kingdom did require.
But for the most part, such charges upon merchandize, The grant by parliament most usuall. were taken by authoritie of Parliament, and granted for some short time, in a greater or lesser proportion, as was requisite for supply of the publike occasions, six or twelve in the pound, for one, two, or three yeares, as they saw cause, to bee imployed for [Page 15] the defence of the Sea, and it was acknowledged so clearely to be in the power of Parliament, [...] they At first variously limited, in respect of time and persons. Afterwards, Confirmed to the King for life. have sometimes beene granted to Noble men, sometimes to Merchants to bee disposed for that use. Afterward they were granted to the King for life, and so continued for divers descents, yet still as a gift and grant of the Commons.
Betwixt the time of Edward the third, and Queene No contrary practice betweene Edw. 3 and Q. Mary. Maay, never Prince (that he could remember) offered to demand any imposition, but by grant in Parliament: Queene Mary laid a charge upon cloth, by the equitie of the Statute of Tunnage and Poundage, because the rate set upon wooll was much more than upon cloth: and there being little wooll carried out Pretended equitie for the Custome upon cloth. of the Kingdom unwrought, the Q. thought she had reason, to lay somewhat more, yet not f [...]ll so much, as brought them to an equalitie, but that still there continued a lesse charge upon wooll wrought into cloth, than upon wooll carried out unwrought; untill King The grounds of the pretermitted Custome. Iames's time, when upon Nicholsons project, there was a further addition of charge, but still upon pretence of the Statute, which is that we call the pretermitted custome.
In Queene Elizabeths time, one or two little impositions crept in, the generall prosperitie of her raigne Bates Case. overshadowing small errours and innovations: one of these was upon Currants; by occasion of the Merchants complaints that the Venetians had laid a charg upon the English cloth, that so we might bee even with them, and force them the sooner to take it off: this being demanded by King Iames, was denyed by one Bates a Merchant, and upon a suite in the Exchequer, was adjudged for the King. The judgment therein for the King.
The manner of which judgement was thus: There [Page 16] were then but three Iudges, in that Court, all differing from one another in the grounds of their sentences. The first was of opinion, the King might impose upon such commodities as were forraign, and Resulting from different opinions of the Iudges. superfluous, as Currants were, but not upon such as were native, and to bee transported, or necessarie, and to bee imported for the use of the kingdome. The second Iudge was of opinion, he might impose upon all forraign Merchandise, whether superfluous or no, but not upon native. The third, that for as much as the King had the custodie of the Ports, and the guard of the Seas, and that hee might open and shut up the parts as he pleased, hee had a prerogative to impose upon all Merchandise, both exported and imported.
This single, distracted and divided judgement, is The only foundation of the power of imposing, the foundation of all the impositions now in practice: for after this, King Iames laid new charges upon all commodities outward and inward, not limited to a certaine time, and occasion, but reserved to himselfe, his heires and successors for ever: The first, impositions in fee simple, that were ever heard of in this followed with complaints, and preserved by breaches of Parliaments. Kingdome. This judgement, and the right of imposing thereupon assumed was questioned in septimo & duodecimo of that King, and was the cause of the breach of both those Parliaments. In 18. and 21. Iacobi, it was declined by this House, that they might preserve the favour of the King, for the dispatch of some other great businesses, upon which they were more especially attentive.
In 1. of his Majestie, It necessarily came to be remembred, The redresse desired without diminution of the K. profit. upon the proposition on the Kings part, for renewing the bill of Tonnage and Poundage, but so moderate was that Parliament, that they thought rather to confirme the impositions already set by a [Page 17] Law to be made, than to abolish them by a judgement in Parliament, but that and divers insuing Parliaments have beene unhappilie broken, before that endeavour could bee accomplished, only at the last meeting, a Remonstrance was made concerning the libertie of the Subject, in this point, and it hath alwayes beene exprest to bee the meaning of the House, and so it was (as hee said) his owne meaning in the proposition now made, to settle and restore the right according to law, and not to diminish the kings profit, but to establish it by a free grant in Parliament.
Since the breach of the last Parliament his Majestie hath by a new book of Rates very much increased New burdens since the last Parliaments. the burden upon Merchandize, and now Tonnage & Poundage, old and new impositions are all taken by Divers mischiefes from these grievances. Prerogative, without any grant in Parliament, or authoritie of law, as we conceive, from whence divers inconveniences and mischiefes are produced.
1 The danger of the president, that a judgement in The Kingdom bound by one private case. one Court, and in one case, is made binding to all the Kingdome.
2 Mens goods are seized, their legall suits are stopped, Interruption of justice. and justice denyed to those, that desire to take the benefit of the Law.
3 The great summs of money received upon these Misimploymēt of the summes received. impositions, intended for the guard of the Seas, claimed and defended upon no ground, but of publike trust, for protection of Merchants, and defence of the ports, are dispersed to other uses, and a new taxe raised for the same purposes.
4 These burdens are so excessive, that trade is The burdens excessive. thereby very much hindered, the commodities of our own, groweth extreamly abased, and those imported [Page 18] much inhaunsed, all which lies not upon the Merchant alone, but upon the generalitie of the subject, and by this means the stock of the Kingdome is much diminisht, our exportation being lesse profitable, and our importation more chargeable. And if the warrs and troubles in the neighbour parts had not brought almost the whole streame of Trade into this Kingdome, we should have found many more prejudiciall effects of these impositions, long before this time, To the American plantations especially. than yet we have done; especially they have beene insupportable to the poore plantations, whither many of his Majesties subjects have beene transported, in divers parts of the Continent; and Islands of America, being a designe tending to the honour of the Kingdome, and the inlargement of his Majesties dominions: The adventurers in this noble worke, have for the most part, no other support but Tobacco, upon which, such a heavie rate is set, that the King receives twice as much, as the true value of the commoditie to the owner.
5 Whereas these great burdens have caused divers Impositions upon trade intercoursorie. Merchants to apply themselves to a way of traffique abroad by transporting goods from one Countrey to another, without bringing them home in to England. It hath beene lately endeavoured to set an Imposition upon this trade: so as the King, will have a dutie out of those commodities which never come within his dominions, to the great discouragement of such active and industrious men.
The next generall head of Civill grievances, was inforcing men to compound for Knighthood, which Compositions for Knighthood. though it may seeme past, because it is divers yeares since it was used, yet upon the same grounds the King may renew it, as often as he pleaseth, for the [Page 19] composition lookes backward, and the offence continuing, is subject to a new fine, The state of that businesse, he layed downe thus:
Heretofore when the services due by tenure, were The Originall ground of the charge. taken in kind, it were fit there should be some way of tryall, and approbation of those, that were bound to such services. Therefore it was ordained, that such as were to doe Knights services, after they came of age, and had possession of their lands, and should bee made Knights, that is, publikely declared, to bee fit for that service, divers ceremonies and solemnities were in use for this purpose: and if by the parties neglect this was not done, he was punishable by fine: there being in those times an ordinary and open way to get Knighthood, for those who were borne to it.
Although the use of this hath for divers ages been An old grievance in the kind, but New in the manner and excesse, in Respect of The generality Greatnesse of fines. discontinued, yet there have past very few Kings, under whom there hath not been a generall Summons, requiring those who had lands of such value as the law prescribes, to appeare at the Coronation, or some other great solemnitie, and to bee Knighted, and yet nothing intended but the getting of some small fines: So as this grievance is not altogether new in the kind, though it bee new in the manner, and in the excesse of it, and that in divers respects.
1 First, It hath beene extended beyond all intention of, and colour of law, not onely Inneholders, but likewise Lease-holders, Copy-holders, Merchants and others, scarce any man free from it.
2 The Fines have beene Immoderate, far beyond thproportion of former times.
3 The proportion have beene without any example, president, or rule of justice: for though those [Page 20] that were summoned did appeare, yet distresses infinite were made out against them, and issues increased Multiplication of distresses & issues. and multiplyed, and no way open to discharge those issues, by plea or otherwise, but onely by compounding with the commissioners at their owne pleasure.
3 The third was, The great Inundation of Monopolies, whereby heavie burthens are laid, not only Monopolies introduced by the Sope patent undertaken by papists. upon forraigne, but also Native commodities. These began in the Sope-Patent, the principall undertakers in this, were divers popish Recusants, men of estate and qualitie, such as in likelyhood did not only aime at their private gaine, but that by this open breach of Law, the King and his people might bee more fully divided, and the wayes of Parliament men more throughly obstructed. Amongst the infinite inconveniences and mischiefes Full of mischiefe. which this did produce, these few may bee observed.
1 The impairing the goodnesse, and inhauncing the price of most of the Commodities and Manufactures 1 The price of commodities increast and goodnes abated. of the Realme, yea of those, who are of most necessarie and common use, as Salt, Sope, Beere, Coles, and infinite others.
2 That under colour of Licences, Trades, and Manufactures are restrained to a few hands, and many Restraint of trade. of the Subjects deprived of their ordinary way of livelyhood.
3 That upon such illegall grantss, a great number [Page 21] of persons had beene unjustly vexed by Illegall imprisonments and vexations. Pursevants, Imprisonments, attendance upon the Councell Table, seisure of goods, and many other wayes.
4 The fourth, that great and unparalleld Shipmoney. grievance of the Shipmoney, which though it may seeme to have more warrant of Law than the rest, because there hath a judgement past for it, yet in truth it is thereby aggravated, if it bee Aggravated, not supported by the judgement. considered, that that judgement is founded upon the naked opinion of some Iudges, without any written law, without any custome, or authoritie of Law bookes, yea without any one Which is not grounded upon any law, custome president or authoritie of law bookes. president for it. Many expresse lawes, many declarations in Parliaments, and the constant judgment and practice of all times being against it, yea in the nature of it, it will be found to be disproportionable to the case of necessitie which is pretended to be the ground of it.
Necessitie excludes all formalities and solemnities, The course unproper for a case of necessitie. it is no time then to make levies and taxes, to build and prepare Ships, every mans person, every mans Ships are to be imployed for the resisting of an invading enemie: the right on the subjects part was so cleare, and the pretences against it so weake, that hee thought no man would venture his reputation or conscience in the defence of that judgement, being so contrary to the grounds of the Law, to the practice of former times, and so inconsistent in it selfe. [Page 22] amongst many inconveniences and obliquities of Abounding in varietie of Mischiefes. this grievance he noted these.
1 That it extendeth to all persons, and to all The Generall extent and remedilesse condition. times, it subjected our goods to distresse, and our persons to imprisonment, and the causes of it being secret and invisible, referred to his Majesties brest alone, the subject was left without possibilitie of exception, and reliefe.
2 That there was no rules or limits for the Arbitrary proportion. proportion, so that no man knew what estate he had, or how to order his course or expences.
3 That it was taken out of the Subjects purse, Imposed by writ disposed by instructions. by a writt, and brought into the Kings Coffers by instructions from the Lords of his Most honourable privie Councell. In the legall defence of it, the Writ only did appeare, of the instructions, there was no notice taken, which yet in the reall execution of it, were most predominant. It carryes the face of service in the Writ, and of Revenue in the instructions, if this way had not beene found to turne the Ship, into money, it would easily have appeared how incompatible this service is with the office of a Sheriffe, in the inland Counties, and how incongruous Improper for the Sheriffes. and inconvenient for the inhabitants. The law in a body politike is like nature, which alwayes prepareth and disposeth proper and fit instruments and Organes, for every naturall operation. Vnprovided for by law. [Page 23] if the Law had intended any such charge as this, there should have beene certaine rules, suitable meanes and courses, for the leviing and managing of it.
5 The fift was the Inlargement of the Forrests Inlargement of Forrests. beyond the bounds and perambulations appointed and established by act of Parliament, twenty seven, and twenty eight Edward the first, and that this is done upon the same reasons Against expresse Statutes. and exceptions which had beene on the Kings part propounded, and by the Commons answered in Parliament, not long after that establishment. It is not unknowne to many in this House, that those perambulations were the fruit and effect of that famous Charter, which is called Charta de forresta, whereby many tumults, Charta de forresta made uselesse. troubles, and discontents had beene taken away, and composed betweene the King and his subjects, and it is full of danger, that by reviving those old Questions wee may fall into the like distempers.
He said, that hereby no blame could fall upon Iustice in Eyer cleared. that great Lord, who is now Iustice in Eyre, and in whose name these things were acted, it could not be expected that he should take notice of the lawes and customes of the realme, therefore he The Answer lies upon the Iudges. was carefull to procure the assistance and direction of the Iudges, and if any thing were done against law, it was for them to answer, and not for him.
[Page 24] The particular irregularities and obliquities of Particular obliquities. this businesse were these.
1 The surreptitious procuring a verdict for the Surreptitious proceedings. King, without giving notice to the Countrey, whereby they might be prepared to give in evidence for their owne interest and indemnitie; as was done in Essex.
2 Whereas the Iudges in the Iustice seat in A judgement pretended. Essex were consulted with, about the entry of the former verdict, and delivered their opinion touching that alone, without medling with the point of right, this opinion was after inforced in other Counties, as if it had beene a judgement upon the matter, and the Councell for the Countie discountenanced in speaking, because it was said to be already adjudged.
3 The inheritance of divers of the Subjects The Subject disturbed. have beene hereupon disturbed, after the quiet possession of three or foure hundred yeares, and a way open for the disturbance of many others.
4 Great summes of money have been drawn Inforced to compound for great fines. from such as have lands within these pretended bounds, and those who have forborne to make composition, have beene threatned with the execution of the forrest lawes.
[Page 25] 5 The fifth, was the selling of Nusances, or Selling of Nusances. at least, some such things as are supposed to bee Nusances.
The King as Father of the Common wealth The legall tryall of Nusances omitted. is to take care of the publike Commodities, and advantages of his subjects, as Rivers, Highways, Common Sewers, and such like, and is to remove whatsoever is prejudiciall to them, and for the tryall of those, there are legall and ordinarie writs, of Ad quod damnum: but of late A new extrajudiciall way practised. a new and extrajudiciall way hath beene taken, of declaring matters to be Nusances, and divers have thereupon beene questioned, and if they would not compound they have beene fined; If they doe compound, that which was first prosecuted Compositions inforced, and as a common Nusance, is taken into the Kings protection, and allowed to stand, and having yeelded the King Money, no further care is taken, whether it bee good or bad for the common A publike trust broken or abused. wealth. By this a very great and publike trust is either broken or abused: if the matter compounded for be truly a Nusance, then it is broken to the hurt of the people: if it bee not a Nusance, then is it abused to the hurt of the partie: The particulars. the particulars mentioned, were:
1 The Commission for buildings in and about Commission for building. this Towne, which heretofore hath beene presented by this House as a grievance in K. Iames his time, but now of late the execution hath beene much more frequent and prejudiciall than it was before.
[Page 26] Secondly, Commission for Depopulations, which began some few yeares since, and is still Depopulations in hot prosecution.
By both these, the subject is restrained from The severall mischiefes of both. disposing of his owne, some have beene commanded to demolish their houses, others have beene forbidden to build, other after great trouble and vexation, have beene forced to redeeme their peace with large summes, and they still remaine by law, as lyable to a new question as before, for it is agreed by all, that the King cannot licence a common Nusance: and although in deed these are not such, yet it is a matter of very ill consequence, that under that name they should be compounded for, and may in ill times bee made a president for the Kings of this Realme to claime a power of licencing such things as are Nusances indeed.
The seventh, The Militarie charges laid upon Militarie charges. the severall Counties of the Kingdome, sometimes by warrant under his Majesties signature, sometime by Letters from the Councell Table, and sometimes (such hath been the boldnesse and presumption of some men) by the order of the Lord Leivtenants, or Deputie Lievtenant alone.
This is a growing evill still multiplying and A growing evill. increasing from a few particulars to many, from small summes to great: it began first to be practised [Page 27] as a loane, for supply of coat and conduct Coat and conduct money how practised by Q. Eliz. money, and for this it hath some countenance, from the use in Queene Elizabeths time, when the Lords of the Councell did often desire the deputie Lievtenants to procure so much money to be laid out in the Countrey as the service did require, with a promise to pay it againe in London; for which purpose there was a constant warrant in the Exchequer. This (he said) was the practice in her time, and in a great part of King Iames's, and the payments so certaine, as it was little otherwise, than taking up money upon bils of Exchange; at this day they follow these presidents, in the manner of the demand (for it is with a promise of a repayment) but not in the certaintie and readinesse of satisfaction.
The first particular brought into a tax (as Muster masters wages. he thought) was the Muster Masters wages, at which many repined, but being for small summs it began to bee generally digested: yet in the last Parliament, this House was sensible of it, and to avoid the danger of the president that the subjects should be forced to make any payments without consent in Parliament, they thought upon a Bill that may bee a rule to the Lievtenants what to demand, and to the people what to pay. But the hopes of this Bill were dasht in the dissolution of that Parliament. Now of late divers other particulars are growing into practice, [Page 28] which make the grievance much more heavie: those mentioned were these,
1 Pressing men against their will, and forcing Pressing. them which are rich or unwilling to serve to find others in their place.
2 The provision of publike Magazines for powder, and other Munition, Spades and Publike Magazins. Pickaxes.
3 The Salarie of Divers officers besides the Muster-Master. Salary of officers.
4 The buying of Carthorses and Carts, and hiring of Carts for Cariages. Cart-horses and Carts.
The eighth, The extrajudiciall declarations of Iudges, whereby the subjects have beene Extrajudiciall declarations of Iudges. bound in matters of great importance without heareing of Councell or Argument on their part, and are left without legall remedie, by writ of errour or otherwise: he remembred the expression used by another member of the house of a teeming Parliament: this (he said) was a teeming grievance: from hence have issued most of the great grievances now in being, The Shipmoney, A teeming grievance. the pretended Nusances already mentioned, and some others which have not yet been toucht upon: Especially that concerning the proceedings of Ecclesiasticall Courts.
[Page 19] The ninth, That the authoritie and wisedome Monopolies countenanced by the Councell Table. of the Councell Table, have beene applyed to the contriving and managing of severall Monopolies, and other great grievances (he said) The institution of the Councell Table, was much for the advantage and securitie of the subject, to avoid surreptions and precipitate Courts in the The ancient oath of councellours. great affaires of the Kingdome: That by law an oath is to be taken by all those of the Kings Counsell, in which amongst other things it is exprest, that they should for no cause forbeare to doe right, to all the Kings people, and if such an oath be not now taken, he wisht it might be brought into use againe.
It was the honour of that Table, to bee as it Their trust & dignity. were incorporated with the King, his royall power and greatnesse did shine most conspicuously in their actions, and in their Councels: Wee have heard of Projectors and Resurees heretofore and what opinion and relish they have found in this House is not unknown. But that any such thing should be acted by the Councell Table, which might give strength and countenance to Monopolies, as it hath not beene used till now of late, so it cannot be apprehended without the just griefe of the honest subject, and incouragement of those who are ill affected.
He remembred that in Tertio of King. [Page 30] a Noble Gentleman, then a very worthy member of the Commons House, now a great Lord Much diminished and debased. and eminent Councellour of State, did in this place declare this opinion concerning that clause used to bee inserted in Pattents of Monopolie, whereby Iustices of peace are commanded to assist the Pattentees, this hee urged as a great dishonour to those Gentlemen, which are in commission to bee so meanely imployed, with much more reason, may wee in jealousie of the By being imployed in matters of such ill report. honour of the Councell Table, humbly desire that their precious time, their great abilities designed, to the publike care and service of the Kingdome, may not receive such a staine, such a diminution, as to be imployed in matters of so ill report, in the estimation of the law: of so ill effect, in the apprehension of the people.
The tenth, The high Court of Starchamber, Star-chamber a great Councell. which some thinke succeed that, which in the Parliament Rolles is called, Magnum Concilium, and to which, Parliaments were wont so often to referre those important matters, which they had no time to determine. This Court, which in the late restauration or erection of it, in Henry A court erected against oppression. the seventh's time, was especially designed to restraine the oppression of great men, and to remove the obstructions and impediments of the law, This which is both a Court of Councell and a Court of Iustice, hath beene made an instrument of erecting and defending Monopolies [Page 31] and other grievances; to set a face of right Applyed the establishing of Monopolies. upon those things, which are unlawfull in their owne nature: a face of publike good, upon such as are pernicious in their use and execution. The Soape-patent, and divers other evidences thereof may be given, so well knowne, as not to require a particular relation: And as if this were not enough, this Court hath lately intermedled with the Ship money, divers Sheriffes have beene questioned, for not levying and collecting such summes, as their Counties have To the recovery of Shipmoney. beene charged with, and if this beginning bee not prevented, the Starre-chamber will become a Court of Revenue, and it shall bee made crime not to collect or pay such taxes, as the State shall require.
The eleventh, Hee said, hee was gone very The Kings edicts and Proclamations. high, yet hee must goe a little higher: that great and most eminent power of the King of making Edicts and Proclamations, which are said to bee Leges Temporis, with which our Princes have used to encounter with sudden and unexpected danger, as would not indure so much delay, as assembling the great Councell of the Kingdome, This which is one of the most glorious beames of Majestie, most rigorous in commanding reverence, and subjection, For the erecting of Monopolies. to our unspeakable griefe, hath been often exercised for the enjoyning and maintaining sundry Monopolies, and other grants, [Page 22] exceeding burdensome, and prejudiciall to the people
The twelfth. Although he was come as high The word and truth of God. as he could upon earth, yet the presumption of evill men did leade him one step higher, even as high as Heaven, as high as the Throne of God. It was now, he said, growne common, for ambitious and corrupt men of the Clergie, to abuse the truth of God, and the bond of conscience, preaching downe the lawes and liberties Pretended for the absolute power of Kings. of the Kingdome, pretending Divine authoritie, for an absolute power in the King, to doe what hee would with our persons, and goods, this hath beene often published in Sermons, and Printed bookes, and is now the high way to preferment.
The last Parliament, wee had a sentence for an offence of this kind, against one Mannering, The offence of D. Mannaring. then a Doctor, now a Bishop, concerning whom (hee said) hee would say no more but this, that when hee saw him at his Barre, in the most humble dejected posture, that ever hee observed, hee thought hee would not so soone have leapt into a Bishops chaire, but his successe hath emboldened others, therefore (he said) this may well bee noted as a double grievance, that such doctrine should bee allowed, Now practised by others. that such men should bee preferred, yea as a roote of grievances whereby they indeavour [Page 23] to corrupt the Kings conscience, and as much To the great hurt and grievance of the people. as in them lyes, to deprive the people of that Royall protection, to which his Majestie is bound by the fundamentall Lawes of the Kingdome, and his owne personall oath.
The thirteenth: The long intermission of The Intermission of Parliaments. Parliaments, contrary to the two statutes yet in force, whereby it is appointed there should bee Parliaments once a yeare, at the least, and most contrary to the publike good of the Kingdome, for this being well remedied would produce remedies for all the rest.
Having put through the severall heads of The subjects grievances hurtfull to the King. grievances, hee came to the second maine branch, propounded in the beginning. That the disorders from whence these grievances issued, were as hurtfull to the King, as to the people, of which hee gave divers reasons.
1 The interruption of the sweet communion Bb interrupt▪ their communion. which ought to bee betwixt the King and his people, in matters of grace and supply. They have need of him by his generall pardon, to be secured from projectors, and informers, to bee freed from obsolete lawes, from the subtle devices of such as seeke to restraine the Prerogative to their owne private advantage, and the publike hurt; and he hath need of them for councell and suport, in great and extraordinary [Page 34] occasions. This mutuall intercourse would so weane the affections and interests of his subjects, into his actions and designes, that their wealth and their persons would bee his, his owne estate would bee managed to most advantage, and publike, undertakings would bee prosecuted at the charge and adventure of the subject: The victorious attempts in Queene Elizabeths time upon Portugall, Spaine, and the Indies, were for the greatest part, made upon the subjects purses, and not upon the Queenes, though the honour and profit of the successe, did most accrew to her.
2 Those often breaches and discontentments By domesticall breaches and discontents. betwixt the King and the people, are very apt to diminish his reputation abroad, and disadvantage his treaties and alliances.
3 The apprehension of the favour and incouragement By weakning his partie abroad. given to Poperie, hath much weakned his Majesties partie beyond the Sea, and impared that advantage which Queene Elizabeth and his Royall Father have heretofore made, of being heads of the Protestant union.
4 The innovations in Religion and rigour of By forcing his subjects to leave the Kingdome. Ecclesiasticall Courts, have forced a great many of his Majesties subjects to forsake the land, [Page 35] whereby not onely their persons, and their posteritie, but their wealth, and their industrey are lost to this Kingdome, much to the demolishing of his Majesties Customes and Subsidies. Amongst other Inconveniences, this was especially to be observed, that divers Clothiers driven out of the Countrey, had set up the manufacture of Cloth beyond the Seas, whereby this State is like to suffer much by abatement of the price of Woolls, and by want of imployment for the poore, both which likewise tend to his Majesties particular losse.
5 It puts the King upon unproper wayes By unproper wayes of supply. of supply, which being not warranted by law, are much more burdensome to the subject, than advantagious to his Majestie. In France not long since, upon a survey of the Kings Revenue, it was found that two parts in three, never came to the Kings purse, but were diverted to the profit of the officers or ministers of the Crowne, and it was thought a very good service and reformation, to reduce two parts to the King, leaving still a third part to the Instruments as were imployed about getting it in. It may well bee doubted, that the King may have the like or worse successe in England: which appeares already in some particulars.
[Page 26] The King hath reserved upon this Monopoly of Wines, Thirty thousand Pound Rent a yeere, the Vintner payes Fourty Shillings a Tun, which comes to Ninty thousand pounds: the price upon the Subject by retaile, is increased Two pence a Quart, which comes to Eight pound a Tun, and for Fourty five thousand Tun brought in yeerly, amounts to Three hundred sixty thousand pounds, which is Three hundred and Thirty thousand pounds losse to the Kingdome, above the Kings Rent; other Monopolies, as that of Soape, have beene very chargable to the Kingdome, and brought very little Treasure into his Majesties Coffers.
The law provides for that revenue of the Crowne; which is Naturall and proper, that it may be safely collected, and brought to Account, but this illegall Revenue, being without any such provision, is left to hazard, and much uncertainty, either not to be reteined, or not duly accounted of.
6 It is apt to weaken the Industrie and Courage of the Subject, if they be left uncertaine: By weakening the industry and courage of the subject. whether they shall reape the benefit of their owne paines, and hazard those who are brought into the Condition of slaves, will easily grow to a slavish disposition, who having nothing to loose, doe commonly shew more boldnesse in disturbing, than in defending a Kingdome.
[Page 37] 7 These irregular Courses doe give opportunitie to ill Instruments, to insinuate themselves By introducing ill Instruments into the Kings service. into the Kings service, for we cannot but observe, that if a man be officious in furthering their inordinate burdens of Ship money, Monopolies, and the like: it varnisheth over all other faults, and makes him fit both for Imployment and Preferment: So that out of their offices, they are furnisht for vast expences, purchases, Buildings; and the King loseth often more in desperate debts at their deaths, than he got by them all their lives, whether this were not lately verified in a Westerne man, much imployed while he lived: he leaves to the Knowledge of those who were acquainted with his Course, and he doubted not but others might be found in the like case.
Those that are Affected to Popery, to prophanesse, and to superstitious innovations, in matters of Religion. All Kinde of Spies and intelligencers have meanes to be countenanced and trusted if they will be but zealous in these kinde of services, which how much it detracts from his Majestie, in honour, in profit and prosperitie of publike affaires, lyes open to every mans apprehension: and from these reasons or some of them, he thought it proceeded that through the whole course of the English story it might be observed, that those Kings who had beene most respectfull of the lawes, had [Page 38] beene most eminent in Greatnesse, in Glory and successe, both at home and abroad; and that others, who thought to subsist by the violation of them, did often fall into a state of weakenesse, povertie, and Infortunitie.
8 The differences and discontents betwixt By diverting the Kings thoughts from divers great and hopefull enterprises. his Majestie, and the people at home, have in all likelyhood diverted his Royall thoughts and Councells from those great opportunities which he might have, not only to weaken the House of Austria, to restore the Palatinate, but to gaine to himself a higher pitch of power and greatnesse, than any of his Ancestors.
It is not unknowne how weake, how distracted, how discontented the Spanish Colonies are in the West Indies. There are now in those parts in New England, Virginia, and the Caribe-Islands, and in the Barmudos, at least Sixty thousand able persons of this Nation, many of them well armed, and their bodies seasoned to that Climate, which with a very small charge might be set downe in some advantagious parts of these pleasant, rich and fruitfull Countreys, and easily make his Majestie Master of all that treasure, which not onely foments the Warre, but is the great support of Popery in all parts of Christendome. By producing many chargeable distempers▪
9 Lastly, Those courses are apt to produce [Page 39] such distempers in the state, as may not be setled without great charge and losse, by which means more may be consumed in a few months than shall be gotten by such wayes in many yeeres.
Having past through the two first generall The wayes of remedyinge their grievances. Branches, he was now come to the third, wherein he was to set downe the wayes of healing and removing those grievances; which consisted of two maine Branches, first in declaring the law where it was doubtfull. The second in better provision for the execution of law, where it is cleere: But (hee said) because he had already spent much time, and began to finde some confusion in his Memory, he would referre the particulars to another opportunity, and for the present onely move that, which was generall to all, and would give waight and Advantage to all the particular wayes of Redresse; that is, that wee should speedily desire a Conference with the Lords, and acquaint them with the Miserable Condition wherein wee finde the Church and State, and as we have already resolved to joyn in a religious seeking of God, in a day of fast and humiliation, so to intreat them to concurre with us, in a Parliamentary course, of petitioning the King as there should bee occasion, and in searching out the causes and remedies of these many insupportable grievances under which [Page 40] we lye, that so by the united wisedome and authoritie of both Houses, such courses may be taken, as (through Gods blessing) may advance the honour and Greatnesse of his Majestie, and restore and establish the peace and prosperitie of the Kingdome.
This (he said) Wee might undertake with comfort and hope of successe: for though there be a darknesse upon the land, a thick and palpable darknesse, like that of Egypt; yet as in that, the Sunne had not lost his light, nor the Egyptians their sight, the interruption was onely in the Medium, so with us there is stil (God be thanked) light in the Sun, Wisedome and Justice in his Majestie to dispell this darknesse, and in us there remaines a visual faculty, whereby wee are inabled to apprehend, and moved to desire light, and when we shall be blessed in the enjoying of it, we shall thereby be incited to returne his Majestie such thanks, as may make it shine more cleerly in the world, to his owne glory, and in the hearts of his people, to their joy and contentment.