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A78483 Certaine petitions presented by the Lord Maior, and commonalty of the Citie of London, to the honorable House of Commons, shewing, the great inconveniences of protections, priviledges and priviledged places, with the allegations and reasons tendred by the committees, appointed by Common Councell of the City of London, against the same: being voted by a committee of the lower House. City of London (England). Court of Common Council. 1641 (1641) Wing C1723; Thomason E197_4; ESTC R232017; ESTC R6546 4,278 9

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All such persons as have just cause to complaine against priviledges and protections claimed by the Parliament the Nobility Gentry King Queen or Princes Servants persons of quality or others are desired to come to Sadlers Hall in Cheapside London upon Wednesday next by two of the clocke being the 21. of this present Iuly 1641. And you are likewise desired to bring with you your particular grievances in writing at the same time CERTAINE PETITIONS PRESENTED BY THE LORDMAIOR AND COMMONALTY OF The Citie of LONDON To the Honorable House of Commons SHEWING The great Inconveniences of Protections Priviledges and Priviledged Places with the Allegations and Reasons tendred by the Committees appointed by Common Councell of the City of London against the same being Voted by a Committee of the Lower HOUSE LONDON Printed for George Badger 1641. To the Honorable Assembly of the Knights Citizens and Burgesses in the Commons House of PARLIAMENT The humble Petition of the Lord Maior and Commonalty of the City of LONDON SHEWETH That your Petitioners by reason of their Trades and dealings are the greatest Creditors in the Kingdome That before but chiefly since the Sitting downe of this Parliament they finde the multitude of Priviledges and Protections Claimed by the Parliament the Nobility Gentry his Majesties Servants Persons of Quality and others to be such as for the most part take away all benefit of Law from your Petitioners you may be pleased to Consider that his Majestie and this Honorable Court are the Fountaines of Justice from whence the proprietie of every Subjects estate is derived And seriously to take into consideration that Parliaments continuing long or comming often these Inconveniences and mischiefes will follow 1. Propriety will not be maintained because the Debtor is made master of the Creditors Estate 2. The want of that liberall Credite which hath formerly been given to Persons of Quality 3. The great decay of Trade wherein every member of this Kingdome from the highest to the lowest hath his common Interest 4. And without some present remedy there must necessarily follow the destruction of many Families their meanes being detained from them Your Petitioners therefore humbly desire that by the Wisedome and Justice of this Honorable House such course may be taken That these Inconveniences may be removed And they shall pray c. To the Right Honorable the Knights Citizens and Burgesses in the Commons House of PARLIAMENT Assembled The humble Petition of those whose names are under written being Citizens and Tradesmen of the City of LONDON SHEWING That we lately making our griefes knowne to the Lord Major Aldermen and Common Councell of London they were pleased to intercede to this Honorable House by an humble Petition against Priviledges and Protections whereby as yet we find no fruit or benefit We therefore humbly desire That that Petition and the reasons therein given may be taken into serious consideration And be pleased further to consider that wee and our Families are not able to subsist neither are we able to beare the great and publike charge already imposed and to be imposed our means being detained from us And these which prosecute in a faire and legall way just and honest debts being therefore Severely punished Humbly therefore doe your Petitioners desire this Honorable House which hath ever maintained the Common Iustice of the Kingdome and still provided remedies against great and growing evills to doe therein such Iustice as your Wisedomes shall hold agreeable to the Law of God and Reason And your Petitioners shall ever pray for the prosperitie of you and your honorable proceedings REASONS Tendered by the Committee appointed by Common Councell of the Citie of LONDON against Protections Priviledges and Priviledged Places for De●tors to make good the Propositions and Allegations set forth in their Petition presented to the Honorable Honse of COMMONS against Protections ALLEGATION I. PRoprietie will not be maintained because the debtor is made Master of the Creditors Estate REASON For that the Creditor taking his legall course agalnst the Debtor in stead of receiving satisfaction for his debt is oftentimes both he and the Officers imprisoned and the Debtor discharged which doth not not only discourage many Creditors in taking course for their owne estates but greatly incourage others to run into debt and the Creditor is also hereby disabled to satisfie his severall ingagements ALLEGATION II The want of that liberal Credit which hath been formerly given to Persons of quality REASON For that the Creditor cannot receive back the estate by him trusted forth And we beleeve that this Honorable House is in good measure sensible hereof ALLEGATION III. The great decay of Trade wherein every member of this Kingdome from the highest to the lowest hath his common interest REASON For that the Commodities of Draperie and others being carried out of this Kingdome are againe returned into the Kingdome in Silke Linnen and other Wares which by Merchants are trusted forth to Shop-keepers and by them to sundry other persons by reason of Priviledges Protections and Priviledged places preventing due payments of moneys the trade both within the Kingdom into For raign parts is much hindered and abated Merchants and others being by such wayes kept from their estates to pay their debts and to buy other native Commodities fit for exportation and upon examination it is found that in the yeere now last past there hath not been so much moneys laid out in Trade to Forreign parts by many hundred thousands of pounds as hath been in a like equall time formerly ALLEGATION IV. And without some present remedie there nust necessarily follow the destruction of many Families their means being detained from them REASON This the Citie hath sufficient experience of there being divers Artificers who formerly lived in good credit and fashion and were able to give towards the maintenance of the Poore who are now by reason of Priviledges Protections and Priviledged places keeping their Estates from them fallen into want and penury and not able to support themselves and others of better quality who did formerly keep divers persons and Fami●ies in constant imployments are by reason of the said Priviledges Protections and Priviledged Places hindring them of their Estates much fallen both in their Trades and Credits That some principall Merchants of the Citie of London writing to Friends into forreign parts for about One hundred thousand Pounds to furnish the necessitie of the State withall were from them answered that they were afraid to send their moneys because they could not command the same back againe at their pleasures by reason of Priviledges Priviledged places and Protections so generally granted And it is a generall complaint of Strangers here that whereas our Merchants trading into forreign parts have libertie and freedome without interruption to recover their debts against Persons of greatest qualitie and Estate Strangers residing and trading in this Kingdome have not the like libertie against the meanest Subject in it by reason of
Priviledges Protections and Priviledged places the like whereof by consent of all Merchants with whom we have conserred is not granted in any place whatsoever neither to Nobles nor others Besides the great prejudice and inconvenience to the Common Trade of the Kingdome and to many particular persons alledged in the Propositions before mentioned it will cleerely appeare by the multitude of Protections Priviledges and Priviledged places whereof use is made at this present by debtors to shelter themselves from payment of their just debts whereof to the number of a thousand came to our knowledge within the compasse of a few houres and are particularly collected and distinguished in writing and many more will appeare if further way may be given to an inquiry after them And by credible information the debts owing by some of the Nobility of this Kingdome which the Creditors are inforced to forbeare by reason of Priviledge not reckoning within this estimate any other debts either of Lords or Commons doe amount to above a Million which Summe as is conceived if it might be gotten in and imployed would drive a greater Trade than is driven by all the Merchants in London put together By which estimate the masse of Money withheld from Creditors by their Debtors under colour and pretence of Priviledges Protections and Priviledged places against Law and the right and propertie of the Subject the miscarriage of Trade and Creditors is more evidently represented Moreover it is humbly conceived That whereas divers estates of Nobilitie and Gentry are clogged with vast debts and incumbrances Young heires and persons of Quality would be carefull how they run into so deep debts if these wayes to evade the just and honest payment of them were taken away And lastly we humbly represent that as Parliaments are now setled by the wisedome of the King and State these Priviledges Protections and Priviledged places are a greater burthen to the Citie of London a greater grievance and of worse consequence to the generall Trade of the Kingdome than the Patents of Sope Leather Salt or that great and unsupportable burthen of Ship-money WEE are informed that in Spaine and Portuga'l all mens estates are alike subject to pay debts but every Nobleman and Gentleman his person is free and his bed that he lyeth on and his horse allowed him but all else is subject to pay debts and one may have Sentence for a just and true debt a bill or bond in 27 dayes and then the Creditor may goe without an Officer into the Debtors house Yea though he be a Nobleman and take the Plate from his Table and take downe his Hangings and carry them away with what else he sindes and sell them at an outcry and take the money in part of his debt and likewise Sequester the whole Rents or Revenews of his Lands till the debt be fully satisfied Sanctuary cannot defend a Priest from payment of his debts though it guard his person An Englishman hath there caused his slipend or Rent bel●nging to him for his maintenance to be Sequestred for the payment of his debts Duke DALVA his Plate was taken out of his house for payment of his debts In Florence Ligorne Pisa and the rest of the Duke of Florence his dominions No Nobleman or Gentleman is any way Priviledged or Protected more than others but all men there are subject to the Law alike and for a just debt a bill or bond hee must pay presently or goe to Prison without suit of Law only he is called before the Iudge and if he ca●not denie the debt he is forthwith sent to prison there to remaine untill the debt be paid no man there was ever Priviledged or Protected except upon some great occasion The Great Duke hath sometimes protected the persons of Strangers for some short time but never his owne Subjects In the Vnited Provinces Holland Zeland and the rest all persons are alike subject to the payment of de●ts none are Protected or Priviledged of what Qualitie soever no not the States themselves Souldiers only are excepted in their Persons so long as they are in pay and imployment but their Rents Revenews their goods their wages is lyable and may be sequestred and taken for payment of their debts In Flanders and in Brabant it is the like In Geneva no men whatsoever are priviledged from payment of their debts but at all times all persons are subject to one Common Law and for a just debt a bill or bond one may have Sentence in Geneva in a moneth at the furthest both against their persons and estates there it is held a great disreputation not to pay their debts and the Law is that if any be chosen Senators and is sued for debt that he doth not pay he must leave his gowne and cannot be admitted In Germanie no Noblemen or Gentlemen are Priviledged or Protected it hath been knowne that at Hamborow or neere that place a Noblemans goods or estate hath been sold for payment of his debts and having not enough to satisfie they sold his honor likewise SEXTVS QVINTVS the Pope made a law that no Cardinall should have a voice in the Conclave at the Election of a Pope if he owed any money or were indebted which custome is still in use And this SEXTVS QVINTVS was Pope in Queene ELIZABETHS daies In Scotland neither the Kings Service the Court not the Parliament can Protect the Person or Estate of any man neither Nobleman or Gentleman from payment of his Debts or the Prosecution of Law against him FINIS