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 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 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 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 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
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 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 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 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 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 FINIS
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 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 whereof he propounded three maine branches of his The first generall division discourse In the first he said he would offer them the severall heads of some principall grievances under which the Kingdome groaned In the second he undertook to prove that the disorders 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 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 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 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.
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 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 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 fâ—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 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 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