A Remonstrance of the Case of the late Farmers of the Customes, and their humble Petition to the Parliament;
Humbly shewing,
THat the said Farmers about the yeare 1640, upon a contract with the late King for the Farmes of the Customes, did advance and ingage for very great summes of money for his service; Which contract could not be perfected nor enjoyed, by reason of the Parliament intervening and disposing the Revenue thereof to the then present occasions of the Publique: And so their intended security was not only diverted, but the said Farmers were made more miserable, by being questioned in the House of Commons, and voted Delinquents for intermedling in the Farming of the said Customes, as being illegall. In this great straight they were advised, and did without dispute submit themselves to the mercy of the House by Petition, and craved leave to make their composition, and expiate their faults by a present summe to be paid for the then urgent occasions of the Common-wealth; Whereupon a Committee was appointed to treate the same, who agreed that upon paiment of 165000 li. from the said Farmers, they should have an Act of Oblivion passed for their Delinquency, and so was ordered by the House accordingly; The Farmers hereupon submitted themselves thereunto. But withall againe petitioned the House, wherein they laid downe the particulars of their great Debts and Engagements for the late King, for provisions for the Navy, and Ammunition of War for the Office of the Ordnance. All which was afterwards imployed in their service; And that hereby they were so obstructed in the procuring of monies to effect this present composition, that they could by no meanes raise any summe untill such time the House would declare, that when they fell upon the Kings Revenue, they would take care of the Farmers said debt; And thereupon it was ordered that they would take the justnesse of the said Petition into consideration in due time. By which engagement of the House, the Farmers credits were renewed, and with much speed then procured the aforesaid summe of 165000 li. and paid the same for disbanding the English and Scotch Forces then in this Nation, which with many thankfull expressions from severall Members, was accounted an extraordinary service, in their so sudden and timely paiment thereof.
And as the Farmers did move with the Parliament as aforesaid, so they did likewise petition the late King for his directions how they might be otherwise secured for his said Debt (their former security upon the Customes being otherwise diverted) which Petition was by the late King referred unto his then Commissioners of theH: Manchester. W: Say & State. Falkland, E. Newburgh. John Culpepper, &c. Treasury, to consider some way of satisfaction of the Debt.
Whereupon the said Commissioners of the Treasury did by their Certificate unto the late King, dated the fifteenth of May, 1642. propose and advise him the best and most advantagiovs way for the satisfaction of the Farmers said debt, to be out of the sale of such his Forrest Lands, Chaces and Parkes, as were annuall charges unto him, and served not for his disport, whereby he should not only pay his debt, but much advance his Revenue.
And accordingly the said King by his Letter dated the first of Iune, 1642. from Yorke, directed unto his said Commissioners of the Treasury, in answer to their Certificate of the fifteenth of May, 1642. aforesaid, and taking thereby consideration of a Petition then exhibited unto him at Yorke, with a Scedule of the Farmers debt, together with interest incurred for the same, which he sends to the Commissioners, signifying that for the reasons in the Certificate mentioned, he was very much inclined to discharge the Farmers said debt, and resolved by all possible wayes and meanes speedily to satisfie the same; And therefore did thereby require with all convenient speed, a List of all his Parkes, Forrests and Chaces to be presented unto him, to the end he might speedily give further Order how to dispose of them. And his Surveyor generall was for the more speedy effecting his pleasure, required thereby to give particulars and constats of the premises unto the said Commissioners: Which was done accordingly by the said Surveyor generall.
And now the Farmers businesse being brought to this maturity, upon the very point of satisfaction to be setled for their debt, in the way aforesaid; the difference with the said King and Parliament then arising, and so continuing, and all addresses forbidden, did stay the Farmers from any further applications unto the said King.
Yet notwithstanding the Farmers groaning under so great aburden of debt, did endeavour all meanes before them offered, and being made more miserable by a greater composition paid by them to the Parliament as aforesaid, by reason whereof they were further ingaged to sundry persons in greater summes of monies; Hereupon the said Farmers in May, 1645. did renew their request unto the House of Commons by Petition, for Order and directions, that their debt and engagements might be discharged and satisfied.
The House the fourteenth of May, 1645. thereupon Ordered that the said Petition should be referred to the consideration of the Committee of the Navy, who were to prepare an Ordinance for reliefe of the Petitioners, according to the former engagements of the House, and they had power to receive such Propositions as should be tendred unto them by the Petitioners; And priviledge of Parliament granted for their persons to attend the same.
In prosecution hereof, the Farmers did attend the Committee of the Navy severall dayes, and did by their Order present unto them an Accompt of the Kings debt then due, (being 276146 li: 15 s. 11 d. and further did give an Accompt of their proceedings, and former engagements of the late King, to be satisfied their debt out of his Forrests, Parkes and Chaces, as is aforementioned; And delivered unto the said Committee a Coppy of the Kings Letter, of the first of Iune, 1642. Together with a particular List of the names of the Forrests, Parkes and Chaces which was formerly delivered by the Surveyor generall unto his Commissioners of the Treasury.
The Committee of the Navy after serious debate of this businesse, did in fine come to a resolution, and Ordered this following Report to be made; viz.
Committee, Navy & Customes.
THe Committee have in prosecution of an Order of the House of Commons dated the fourteenth of May, 1645. taken into consideration the Petition of the late Farmers of the Customes, with the Propositions by them presented; And in regard of a former speciall engagement of the House of Commons unto the Petitioners, and the Kings more particular Assignation for their debt to be paid by his Parkes, Forrests and Chaces; Are of opinion that the House be moved to give Order unto the Committee of the Revenue to cause a Survey to be made of the severall Parkes, Forrests and Chaces mentioned in the annexed Schedule; And after receipt of the particulars and constats of the premises, to enter into consideration how the same may be advanced in the Revenue, to the advantage of the Commonwealth and reliefe of the Petitioners.
Notwithstanding all these preparations and hopes of reliefe, and solicitations daily made; yet by reason of the continuance of the troubles in this Nation, the House being taken up with generall and publique businesse, would not admit of an opportunity to heare this particular Report: And now at last, those Members who had knowledge of the Farmers businesse are dissolved, and so could never since find meanes to be heard, nor rightly understood, in this their sad and miserable conditions; But their persons cast into prison, and Statutes of Bankrup taken out against them, to the utter ruine of all them and their Families, and death already of some, and not for their private but the generall debts as aforesaid; notwithstanding the engagements of Parliament for their preservation, which they only depended upon as a sacred protection, and thereupon exhausted all their Estates to support their credits, so long and so far as they were able; And now have nothing left but hopes to find the justice of their case, by this present Power to be commiserated, the engagements of Parliament accomplished, and the poore oppressed relieved: which is the humble Petition of the said Farmers, with their Creditors; And humbly pray speedy reliefe, according to the truth, equity and right of their Case included in the premises.
And now upon the whole matter of Fact herein, It is humbly desired that these following Heads may be seriously and Christian-like considered.
First, the Farmers fault was the Farming of the Customes. Wherein consider they were thereunto enforced by commands of a King; And then backed by an Act of State of his Ministers; And confirmed by his Councell at Law, and Judges of the Land; And passed under the Great Seale of England for their Indempnity, which then was the visible Government. Make this the Case of every honest and well-minded man.
Secondly, Their punishment. Wherein consider it was the greatest Composition that ever was paid by a Subject (the payment 165000 li.) And here further consider their voluntary submission therein; their great and gratefull acceptance from the House in the sudden and timely paiment thereof; And the benefit the whole Nation received in the seasonable disbanding those Armies by the meanes thereof.
Thirdly, Their engagements thereupon from the Parliament. Wherein consider an Order made for an Act of Oblivion to passe for their Indempnity, and another Order, that satisfaction should be made out of the late Kings Estate for the debt contracted by him. And the Order of the House of the fourteenth of May, 1645. with the Report of the Committee of the Navy; wherein is acknowledged the former engagements of the House of Commons, and the Kings more particular Assignation for their debt to be paid by his Parkes, Forrests and Chaces, all thought just and fit to be passed for the reliefe of the Farmers by the Parliament.
And lastly, consider that all the provisions of the Navy, and Ammunition, Tents, Artillery, and materials of War, for which the Farmers did pay, and are yet engaged, was imployed by the Parliament to the defence and safety of this Nation and also Ireland. And the monies procured for the paiment of their Composition of 165000 li. yet owing unto sundry persons, was taken up only for that occasion, and their Creditors encouraged thereunto by the Parliaments Engagements unto the Farmers, as aforesaid: among whom are many poore Widdowes, Orphants, and other necessitated persons involved.
All which is most humbly submitted to the further and more serious consideration and commiseration of this present Supreme Authority the Parliament, in and by whom is only left the expectation of their deliverance, as their only refuge in this their great extremity.
- John Jacob.
- Job Harby.
- Nicholas Crisp.
- John Harrison.