A DECLARATION Presented to the Honourable House of COMMONS With A Speech delivered at conference with the LORDS Ianuary 25. 1641. By occasion of the Petitions from the City of London and the Counties of Middlesex Essex and Hartford BY IOHN PYM Esquire Published by Order of the House of COMMONS and enlarged in the end since the last Edition by the Author Whereunto are annexed two Orders of the said House The one containing the thankes of the House given to those of HARTFORD-SHIRE The other for punishing of those who Printed a false Copie of that Petition and other libellous Pamphlets Published by a true Copie February 22. 1641. LONDON Printed for Richard Lownes at his Shop next without LVD-GATE 1641. 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 doubted not but to make it appeare that in discovering the present Publike grievances disadvantagious to the King 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 branchâ—s 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 hartfull to the King as to the people In the third he would advise sâ—ch 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 shâ—rpenes and bitternes of those things whereof Sharp matters to bee mitigated in the expression The K. can do no wroÌ„g 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 Iustied 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 câ—use of so many Epidemicall diseases do proceed from the noy some 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 where of we complaine have bin presented to his Majestie either under the pretence of Royall Pretogatives 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 which 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 steed from spiritual evils and no impositions are so grievous as those that are laid upon the soule The next great libertâ— is Justice wherby Iustice 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 of Parliaments this is the fountaine of law the great Councell Priviledge of Parliament 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 â—nd 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 restramed mindes It is a good Rule of the Morall Philosopher Et non laed as 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 Paâ—liament Fourthly by indictments informations and judgments in ordinary inferiour courts for speeches proceedings in Parliaments Fifthly the disâ—racefull 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 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 speak no doubt we shold so fully expresse our love faith fulnes 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 Relâ—gion 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 or 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 3 d. and H. the 4 th 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 disabilite to doe hurt 2 A 2 d. 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 4 th 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 assâ—stance 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 fitting men to entertaine it the particulars are these 1 Divers of the chiefest points of Religion in difference betwixt Maintenance of popish tenets 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 Preferment of men popishly inclined Discouragment of true professors Inlargment of differences among our selves men who were most forward in setting up such Innovations the particulâ—rs 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 renderly 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 â—oncerning 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 Divine Articles of the Visitations order which they alledge to be jure Divine 3 The contriving and publishing of new articles 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 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
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 Judges 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 insticution 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 here to fore 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 Tersio of King A Noble Gentleman then a very worthy member of the Commons House now a Great Lord and eminent Councellour of State Much diminished and debased 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 stame such a diminution at 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 their use and execution The Soape-Patent and diverse other Applyed the establishing of Monopolies evidences thereof may be given so well knowne as not to require a