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 judgment being so contrary to the grounds of the Law to the practise of former times and so inconsistent Abounding in variety of mischiefes in it selfe Amongst many inconveniences and obloquies of this grievance he noted these 1 That it extendeth to all persons and to all times it subjected The general extent and remedilesse condition 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 possibility of exception and reliefe 2 That there was no rules or limits for the proportion so that Arbitrary proportion 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 by a writ and Imposed by writ dispos'd by instructions brought into the Kings Coffers by instructions from the Lords of his most honourable privy 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 been found to turn the Ship into money it would easily have appeared how incompatible this service is with the office of a Sheriffe in the inland Improper for the Sheriffes Counties and how incongruous and inconvenient for the inhabitants The law in a body politike is of like nature which alwayes prepareth and disposeth proper and fit instruments and Organs for every naturall operation if the Law had intended Vnprovided for by law any such charge as this there should have beene certaine rules suitable meanes and courses for the levying and managing of it 5 The fift was the Inlargement of the Forrests beyond the Inlargement of Eorrests bounds and perambulations appointed and stablished by act of Parliament twenty seven and twenty eight Edward the first and that this is done upon the same reasons and exceptions Against expresse Statutes 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 troubles Charta de forresta made uselesse and discontents had beene taken away and composed between the King and his subjects it is ful of danger that by reviving those old Questions we may fal into the like diststempers He said that hereby no blame could fall upon that great Lord Iustice in Eyer clered who is now Iustice of Eyre and in whose name these things were acted it should not be expected that he should take notice of the lawes and customes of the realme therefore he was careful The Answer lies upon the Iudges 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 The particular irregularities and obliquities of this businesse Particular obliquities were these 1 The surreptitious procuring a verdict for the King without Surreptitious preceedings giving notice to the Countrey whereby they might be prepared to give in evidence for their owne interest and indemnity as was done in Essex 2 Whereas the Iudges in the Iustice seat in Essex were consulted A judgment pretended 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 have been hereupon The Subject disturbed disturbed after the quiet possession of three or foure hundred yeares and a way open for the disturbance of many others 4 Great sums of mony have bin drawn from such as have lands Inforced to compound for great fines within these pretended bounds and those who have forborne to make composition have beene threatned with the execution of the forrest lawes 5 The fifth was the selling of Nusances or at least some such Selling of Nusances things as are supposed to be Nusances The King as Father of the Common wealth is to take care of The legall tryal of Nusances omitted the publik commodities advantages of his subjects as Rivers Highways Common Sewers such like is to remove whatsoever is prejudiciall to them for the tryall of those there are legall and ordinary writs of Ad quod damnum but of late a new A new extrajudiciall way practised and extrajudiciall way hath been taken of declaring matters to be Nusances and divers have thereupon been questioned and if they would not compound they have been fined if they do compound that which was first prosecuted as a common Nusance is taken into the Kings protection and allowed to stand having Compositions in forced and yeelded the King Mony no further care is taken whether it bee good or bad for the common wealth By this a very great publike trust is either broken or abused if the matter compounded A publike trust broken or abused 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 party the particulars mentioned were 1 The Commission for buildings in about this town which The particulars heretofore hath bin presented by this House as a grievance in K. Iames his time but now of late the execution hath beene much Commission for building more frequent and prejudiciall than it was before Secondly Commission for Depopulations which began Depopulations some few yearers since and is still in hot prosecution By both these the subject is restrained from disposing of his The several mischiefes of both owne some have been commanded to demolish their houses others have been forbidden to build other after great trouble and vexation have been 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 be made a president for the Kings of this Realme to claime a power of licencing such things as are Nusances indeed The seventh the Military charges laid upon the severall Counties Military charges of the Kingdom sometimes
by warrant under his Majesties signature sometimes by Letters from the Councel Table sometimes such hath been the boldnes and presumption of some men by the order of the Lord Lievtenants or deputy Leivtenant alone This is a growing evill still multiplying and increasing from a few particulars to many from small summes to great it began A growing evill Coat and conduct money how practised by Q Eliz. first to be practised as a loane for supply of coat and conduct money for this it hath some countenance from the use in Q Eliz. time when the Lords of the Councell did often desire the deputy Lievtenants to procure so much mony to be laid out in the Country 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 K James and the payments so certain as it was little otherwise than taking up mony 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 certainty and readines of satisfaction The first particular brought into a tax as he thought was the Muster masters wages Muster Masters wages at which many repined but being for small summes it began to be generally digested yet in the last Parliament this House was sensible of it and to avoyd the danger of the president that the Subjects should bee forced to make any payments without consent in Parliament they thought upon a Bill that may bee a rule to the Lieutenants 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 which make the grievance much more heavy those mentioned were these 1 Pressing men against their will and forcing them which Pressing are rich or unwilling to serve to find others in their place 2 The provision of publike Magazins for powder and other Publike magazins Munition Spades and Pickaxes 3 The Salary of Divers officers besides the Muster-Master Salary of officers Cart-horses and Carts 4 The buying of Cart-horses and Carts and hyring of Carts for Cariages The eighth the extrajudiciall declarations of Judges whereby Extrajudiciall declarations of Iudges the subjects have beene bound in matters of great importance without hearing of Counsell 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 hee said was a teeming grievance from hence have issued most of the great grievances now in being A teeming grievance The Shipmoney the pretended Nusances already mentioned and some others which have not yet beene toucht upon Especially that concerning the proceedings of Ecclesiasticall Courts The ninth That the authority and wisdom of the Councell Table Monopolies countenanced by the Councell Table The ancient oath of coūcellours have bin 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 security of the subject to avoyd surreptions and precipitate Courts in the 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 were incorporated Their trust dignity with the King His royall power and greatnesse did shine most conspicuously in their actions and in their Counsels We have heard of Projectors and Resurees heretofore and what opinion and relish they have found in this House is not unknowne But that any such thing should bee 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 A Noble Gentleman then a very worthy member of the Commons Much diminished and debased House now a Great Lord and eminent Councellour of State did in this place declare this opinion concerning that clause used to bee inserted in Pattents of Monopoly whereby Iustices of Peace are commanded to assist the Pattentees this he urged as a great dishonour to those Gentlemen which are in Commission to bee so meanely imployed with much more reason may we in jealousie of the honour of the Councell Table humbly desire that their precious By being imployed in matters of such ill report 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 Star-chamber a great Councell The tenth The High Court of Starchamber which some think 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 A court erected against oppression in Henry 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 Justice hath beene made an instrument of erecting and defending Monopolies and other grievances to set a face of right upon these things which are unlawfull in their owne nature a face of publike good upon such as are pernicious in Applyed the establishing of Monopolies their use and execution The Soape-Patent and diverse 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 diverse Sheriffes have beene questioned for not levying and collecting such sums as their Counties have beene charged with and if this beginning be not prevented the Star-Chamber will become a Court of Revenue and it shall be made crime not to collect or pay such taxes as To the recovery of ship money the State shall require The Eleventh He said he was gone very high yet hee must The Kings edicts and Proclamations 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 whom our Princes have used to encounter with sudden
A Declaration of the Grievances of the Kingdome delivered in Parliament by Iohn Pym ESQUIER NEver Parliament had greater businesses to The precedent consideration of grievances will further the supply dispatch nor more difficulties to encounter therfore wee have reason to take all advantages of order and addresse and hereby wee 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 speed and cheerefulnesse to give His Majestie that which may be sufficient both for his honour and support Those that in first place shal endeavour to redresse the grievances will be found not to hinder but to be the furtherers of his Majesties service hee that takes away weights doth as much advantage motion as hee that addeth wings Diverse pieces of this maine work have bin already propounded Great works are first to be considered in the modell his endeavour should bee to present to the House a modell of the whole In the Creation God made the world according to that Idea or form which was eternally preexistent in the divine mind 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 affaires both of the Church and State which did so earnestly require the wisdom A double method compounded of grievances cures and faithfulnesse of this House into a double method of grievances and cures and because there wanted not some who pretended that these things wherewith 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 said hee Publike grievances disadvantagious to the King doubted not but to make it appeare that in discovering the present great distempers and disorders and procuring remedy for them we should be no lesse serviceable to his Majestie who hath summoned us to this great Councell than usefull to those whom wee doe here represent for the better effecting whereof he propounded three The first generall division maine branches of his discourse In the first hee said hee would offer them the severall heads of some principall grievances under which the Kingdome groaned In the second he undertooke 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 be equally effectual to maintaine the honour and greatnesse of the King and to procure the prosperity and contentment of the people In the handling whereof he promised to use such expressions as might mitigate the sharpenes and bitternes of those things whereof Sharp matters to bee mitigated in the expression The K. can do no wrōg he was to speak so far as his duty faithfulnesse would allow It is a great Prerogative to the K. and a great honour 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 Activity life and vigour are conveied into the sublunary creatures by the influence of Heaven but the malignity and distemper the cause of so many Epidemicall diseases do 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 authority the power and countenance of Princes may concurre in the actions of evill men without partaking in the injustice and obliquitie of them Hurtfull projects presented to the King under plausible notions These matters whereof we complaine have bin presented to his Majestie either under the pretence of Royall Prerogatives which he is bound to maintaine or of publike good which is the most honourable object of Regall wisdome But the covetous and ambitious designes of others have interposed betwixt his Royall intentions and the happines 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 were of a various A promise of moderation 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 hee would bee carefull to expresse that Modestie and humilitie which might be expected by those of whose actions he was to speake And if his judgment or his tongue should slip into a particular mistake hee would Submission to reformation not thinke it so great a shame to faile by his owne weaknesse as hee should esteem it an honour and advantage to be corrected by the wisdom of that house to wc h he submitted himselfe with this protestation that he desired no reformation so much as to reforme himselfe The greatest liberty of the kingdom is Religion thereby we are Religion freed from spiritual evils and no impositions are so grievous as those Iustice that are laid upon the soule The next great liberty is Justice wherby we are preserved from injurie in our persons and estates from this is derived into the Common-wealth peace and order and safety and when this is interrupted confusion and danger are ready to overwhelme all The third great liberty consists in the power and priviledge Priviledge of Parliament of Parliaments this is the fountaine of law the great Councell of the kingdom the highest Court this is inabled by the Legislative and Conciliary power to prevent evils to come by the Judiciary 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 inferour to the end but if you consider them in the order of necessity and use this may justly claime the The order propounded in handling these three great liberties first place in our care because the end cannot be obtained without the means if we do not preserve this we cannot long hope to enjoy either of the other Therefore he said being to speak of those grievances which lye upon the kingdome he would observe this order 1. 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 liberty of our persons and propriety of our estates The priviledges of Parliament were not given for the ornament The necessitie importance of the priviledge of Parliament or advantage of
those who are the members of Parliament they have a reall use and efficacy 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 therfore liberty of speech that our Counsels may not bee corrupted with feare or our judgements perverted with selfe respects those three great faculties and functions of Parliament the Legislative Judiciary and Consiliary power can not be well exercised without such priviledges as these The wisdome of our Lawes the faithfulnesse of our Counsels the righteousnesse of our judgments 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 body politike as the rationall faculties of the soule to a man That which keepes all the parts of the Common-wealth in frame and temper ought to be most carefully preserved in that freedome vigour and activity which belongs to it selfe Our predecessors in this house have ever bin 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 bee 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 he propounded diverse particular points wherein the Priviledge Particular breaches of priviledge 1 Restraint of speech 2 Interdict of questions of Parliament had bin broken First in restraiaing the members of the House from speaking Secondly in forbidding the Speaker to put any 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 be 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 diverse Members of the House for matters Imprisonment of members Iudiciall proceedings Order to be bound to the good behaviour done in Parliament Fourthly by indictments informations and judgments in ordinary inferrour courts for speeches proceedings in Parliaments Fifthly the disgracefull order of the Kings Bench whereby some members of this House were injoyned to put in security of the good behaviour and for refusall thereof they were continued in prison diverse 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 onely as a breach of priviledge but as a violation of the common justice of the Kingdome Sixthly by the sudden and abrupt dissolution of Parliaments contrary Abrupt dissolutions of Parliament to the Law and custome It hath bin often declared in Parliaments that the Parliament should not be dissolved till the petitions bee answered This hee 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 heavie doome by which we lose our being and have this civill death inflicted on us in displeasure and not to be allowed time and liberty to answer for our selves that we should not only dye but have this marke of infamy laid upon us to be made Intestabiles disabled to make our wils to dispose of our busines as this House hath alwayes used to do before Adjournments or dissolutions yet this hath often bin our case we have not bin permitted to powre out our last signes 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 speak no doubt we shold so fully expresse our love faithfulnes to our Prince as might take off the false suggestions 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 honour and the publike good of his Kingdome Thus he concluded the first sort of grievances being such as were Grievances concerning Religion against the priviledge of Parliament and passed on to the next concerning Religion all which he conveyed under the foure heads 1 The first was the great incouragement given to popery of Incouragement of popery Suspension of Lawes which he produced these particular evidences 1 A suspension of all Lawes against Papists whereby they enjoy a free and almost publike exercise of that Religion and those good Statutes which were made for restraint of Idolatry and superstition are now a ground of security 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 means a dangerous partie is cherished and increased who are ready to close with any opportunitie of disturbing the peace and safety of the State Yet he said he did not desire any new lawes against popery or any rigorous courses in the execution of those already in force he was far 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 be objected there are moderate and discreet men amongst There can be no security from papists them men of estates such as have an interest in the peace and prosperity of the Kingdome as well as we These he said were not to be considered according to their owne disposition but according to but In their disability the nature of the body whereof they are parties The Planets have severall and particular motions of their owne yet they are all rapt and transported into a contrary course by the superior Orbe which comprehends them all The Principles of Popery 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 Laws will not restraine them oaths will not the Pope can dispence with both these and where there is occasion his command wil act them to the disturbance of the Realme against their owne private disposition yea against their own reason and judgment to obey him to whom they have especially the Jesuiticall party absolutely and intirely obliged themselves not only in spirituall matters but in temporall as they are in order ad Spiritualia H. the 3d. and
H. the 4th of France were no Protestants themselves yet were murthered because they tolerated the Protestants by which and many other presidents it appeares that the King that the Kingdome can have no security but in their weaknesse and disabilitie to doe hurt 2 A 2d. incouragement is their admission into places of power Admission into places of power and trust in the Common-wealth whereby they get many dependants and adherents not only of their own but even of such as make profession to be protestants 3 A third their freedome of resorting to London and the Court Free resort to London the court whereby they have opportunity 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 4th that as they have a Congregation of Cardinals at Rome to consider of the aptest wayes and means of establishing the Popes authority and Religion in England so they have a Nuncio here to act and dispose that party to the execution of those Counsels and by the assistance of such cunning and Jesuiticall spirits as swarm in this towne to order and mannage all actions and events to the furtherance of that maine end 2 The second grievance in Religion was from those manifold innovations lately introduced into severall parts of the Kingdome all Innovations in matters of Religion inclining to Popery and disposing and sitting men to entertaine it the particulars are these Maintenance of popish tenets 1 Divers of the chiefest points of Religion in difference betwixt us and the Papists have bin publikely defended in licensed Books in Sermons in Vniversity acts and disputations 2 Diverse Popish Ceremonies have bin not only practised but Practice of popish ceremonies 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 popery He compared this to the dry 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 popery they would more boldly endeavour to breath into us the spirit life of popery 3 The third grievance was the countenancing and preferring those men who were most forward in setting up such Innovations the Preferment of men popishly inclined Discouragment of true professors Inlargment of differences among our selves particulars were so well knowne that they needed not to be named 4 The fourth was the discouragement of those who were known to be 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 unhappy differences for matters of small moment which have bin amongst our selves and to raise up new occasions of further division wherby many have bin induced to forsake the land not seeing the end of those voluntary 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 breaches and to unite us more entirely against the common enemy 2 The over rigid prosecution of those who are scrupulous in using Over-rigid prosecution of the scrupulous for things indifferent some things enjoyned which are held by those who enjoyn them to be in themselves indifferent It hath bin ever the desire of this House exprest in many Parliaments in Q. Elizabeths time and since that such might be 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 Vnjust punishments for matters not by law Reading the Booke The Table set Altar-wise Comming to the railes Preaching upon the Lords day Varying from the catechisme Abuse of Ecclesiasticall jurisdiction may be better indured in a Minister than Inconformitie 3 The unjust punishments and vexations of sundry persons for matters required without any warrant of Law as For not reading the book concerning recreation on the Lords day For not removing the Communion Table to bee set Altarwise at the East end of the Chancell For not comming up to the Railes to receive the Sacrament For preaching the Lords day in the afternoone For Catechising in any other words and manner than in the precise words of the short catechisme in the Common Prayer booke The fifth and last grievance concerning Religion was the incroachment and abuse of Ecclesiasticall jurisdiction the particulars mentioned are these 1 Fining and imprisoning in cases not allowed by Law 2 Their challenging their jurisdiction to be appropriate to their In fining imprisoning Claiming jurisdiction to be Iure Divino Articles of the Visitations order which they alledge to be jure Divino 3 The contriving and publishing of new articles upon which they inforce the Church wardens 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 only in the Bishops but in their Archdeacons Officials and Chancellors taking upon themselves a kind of Synodall authority 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 to the third Grievances concerning the liberty of persons and estates part of grievances being such as are against the common justice of the Realm in the liberties of our persons and proprietie of our estates of which he said he had many to propound In doing whereof he would rather observe the order of time wherein they were acted than of consequence but when 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 other impositions Tonnage Poundage 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 diverse others are derived he thought it necessary to premise a short narrative and relation of the grounds and proceedings of the power of imposing herein practised It was he said a fundamentall Not to be taken but by consent in Parliament truth essentiall to the constitution and government of this kingdome an hereditary liberty and priviledge of all the free
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 rigorous in commanding Reverence and subjection to our unspeakeable For the erecting of Monopolies griefe hath been often exercised for the enjoyning and maintaining sundry Monopolies and other grants exceeding burdensome and prejudiciall to the people The Twelfth Although hee was come as high as he could upon The word and truth of God 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 hee 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 of the kingdome pretending Divine authority for an absolute power in the King to doe what he would with our persons and goods this hath Pretended for the absolute power of Kings been often published in Sermons and Printed books and is now the high way to preferment The last Parliament we had a sentence for an offence of this kinde against one Mannering then a Doctor now a Bishop concerning whom hee said hee would say no more but this that when he saw him at his Barre in the most humble dejected posture The offence of D. Mannering that ever hee observed hee thought hee would not so soone have leapt into a Bishops Chaire but his successe hath emboldened others therefore hee said this may well bee noted as a double Now practised by others To the great hurt and grievance of the people grievance that such doctrine should bee allowed that such men should be preferred yea as a roote of grievances whereby they indeavour to corrupt the Kings Conscience and as much as in them lyes to deprive the people of that Royall protection to which his Majestie is bound by the fundamentall Lawes of the Kingdom and his own personall Oath The thirteenth The long intermission of the Parliaments contrary The Intermission of Parliaments 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 grievances hee came The subjects grievances hurtfull to the King 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 diverse reasons 1 The interruption of the sweet communion which ought to B. interrupt their communion bee betwixt the King and His People in matters of grace and supply They have need of him by His generall pardon to bee 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 own private advantage and the publike hurt and he hath need of them for counsell and support in great and extraordinary occasions This mutuall entercourse 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 poore 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 betwixt the King By domestical breaches discontents 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 given to By weakning his partie abroad Popery hath much weakned his Majesties party beyond the Sea and impared that advantage which Queen Elizabeth and His Royall Father hath heretofore made of being heads of the Protestant union 4 The innovations in Religion and rigour of Ecclesiasticall Courts have forced a great many of his Majesties Subjects to forsake By forcing his subjects to leave the Kingdome the Land whereby not only their persons and their posterity but their wealth and their industry are lost to this Kingdome much to the demolishing of His Majesties Customes and Subsidies Amongst other inconveniences this was especially to bee observed that diverse 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 of supply which being By unproper wayes of supply not warranted by Law are much more burdensome to the subject than advantagious to his Majesty 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 be doubted that the King may have the like or worse successe in England which appeares already in some particulars The King hath reserved upon this Monopoly of Wines 30 thousand Pound Rent a yeere the Vintner paies 40. 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 Tunne and for 45000. Tunne brought in yeerely amounts to 3. hundred 60. thousand pounds which is 3. hundred and 30. thousand pounds losse to the Kingdome above the Kings Rent other Monopolies as that of Soape have been very chargeable 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 retained or not duly accounted of 6 It is apt to weaken the Industry and Courage of the Subject if By weakning the industry and courage of the subject they be left uncertain whether they shall reap the benefit of their own paines and hazard those who are brought into the Condition of slaves will easily grow to a slavish disposition who having nothing to lose doe commonly shew more boldnesse in disturbing than in defending a kingdome 7 These irregular Courses do give opportunity to ill Instruments By introducing ill Instruments into the
is made binding to all the Kingdome 2 Mens goods are seized their legall suits are stopped and justice Interruptiod of Iustice denied to those that desire to take the benefit of the Law 3 The great summes of money received upon these impositions Misimployment of the summes received 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 thereby very much The burdens excessive hindered the commodities of our owne groweth extreamly abased and those imported much inhaunsed all which lies not upon the Merchant alone but upon the generality of the subject and by this meanes the stocke of the Kingdom is much diminisht our exportation being lesse profitable and our importation more chargeable And if the warres and troubles in the neighbour parts had not brought almost the whole streame of Trade into this Kingdom we should have found many more prejudicial effects of these impositions long before this time than yet we have done especially they To the American plantations especiall have been insupportable to the poore plantations whither many of his Majesties subjects have been 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 heavy 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 Merchants Impositions upon trade intercoursory to apply themselves to a way of traffique abroad by transporting goods from one Country to another without bringing them home into England It hath been lately endeavoured to set an Imposition upon this trade so as the King will have a duty out of those commodities which never came within his dominions to the great discouragement of such active and industrious men The next generall head of Civill grievances was inforcing men Compositions for Knighthood to compound for Knighthood which though it may seeme past because it is divers years 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 subiect to a new fine The state of that businesse he layed downe thus Heretofore when the services due by tenure were taken in kind The Originall ground of the charg 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 do Knights service after they came of age and had possession of their lands and should be made Knights that is publikely declared to be 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 discontinued yet there have past very few Kings under whom there hath not bin An old grievance in the kind a general Summons requiring those who had lands of such value as the Law prescribes to appeare at the Coronation or some other great solemnity and to be Knighted and yet nothing intended but New in the manner and excesse the getting of some small fines so as this grievance is not altogether new in the kind though it be new in the manner and in the excesse of it and that in divers respects 1 First It hath been extended beyond all intention of and colour of law not only Inne-holders but likewise Lease-holders Copy-holders Merchants and others scarce any man free from it Respect of 2 The Fines have beene immoderate far beyond the proportion The generality of former times 3 The proceedings have been without any example president or rule of justice for though those that were summoned did appeare Greatnesse of fines Multiplication of distresses and issues yet distresses infinite were made out against them and issues increased and multiplied and no way open to discharge those issues by plea or otherwise but only by compounding with the commissioners at their own pleasure 3 The third was the great Inundation of Monopolies whereby heavy burthens are laid not only upon forraigne but also native Monopolies introduced by the sope patent undertaken by papists commodities These began in the Sope-Patent the principall undertakers in this were divers popish Recusants men of estate and quality 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 be more fully divided the wayes of Parliament men more throughly obstructed Amongst the infinite inconveniences and Full of mischeife mischiefes which this did produce these few may be observed 1 The impairing the goodnesse and inhancing the price of most 1 the price of commodities increast and goodnesse abated Restraint of trade of the Commodities and Manufactures of the Realme yea of those who are of most necessary 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 of the Subjects deprived of their ordinary way of livelyhood 3 That upon such illegal grants a great number of persons had bin unjustly vexed by Pursevants Imprisonments attendance upon Illegall imprisonments vexations Shipmony the Councell Table seisure of goods and many other wayes 4 The fourth that great and unparalleld 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 be considered that Aggravated not supported by the Iudgement Which is not grounded upon any law custom president or authority of law bookes that judgement is founded upon the naked opinion of some judges without any written Law without any custome or authority of Law broken yea without any one president for it Many expresse Laws many Declarations in Parliaments and the constant judgment and practise of all times being against it yea in the nature of it it will be found to be disproportionable to the case of necessity which is pretended to be the ground of it Necessity excludes all formalities and solemnities it is no The course unproper for a case of necessity 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 enemy the right on the Subjects part was