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
and to the Court they want no opportunities to consult together they have the same or greater incouragements from above and from about them then ever in respect of the example and successe of the Rebels in Ireland and the great confusions and divisions which by their cunning and subtill practises are raised and fomented amongst our selves at home 3. A third danger is of Tumults and Insurrections of the meaner sort of people by reason of their ill vent of Cloth and other Manufactures whereby great multitudes are set on work who live for the most part by their daily gettings will in a very short time be brought to great extremity if not imployed nothing is more sharp and pressing then necessity and want what they cannot buy they will take and from them the like necessity will quickly be derived to the Farmours and Husbandmen and so grow higher involve all in an equality of misery and distresse if it be not prevented And at this time such Tumults will be dangerous because the Kingdom is full of disbanded Souldiers and Officers which will be ready to head and to animate the Multitude to commit violence with more strength and advantage and if they once grow into a Body it will be much more difficult to reduce them into order again because necessity and want which are the Causes of this disturbance will still encrease as the effects doe encrease 4. A fourth danger is from the Rebels in Ireland not only in respect of that Kingdom but in respect of this They have seized upon the Body of that Kingdom already they abound in men of very able bodies they encrease in Armes and Munition they have great hopes of supplies from abroad of encouragement here and are sure of good entertainment from the Popish party so that they begin to speak already of the transporting themselves hither and making this Kingdom the seat of the warre The distemper which hath produced these dangers is various and 2 The distemper procuring the former dangers exceeding violent Whensoever nature is hindred in her proper operations and faculties distempers will necessarily follow The obstructions which have brought us into this distemper are very many so that we cannot wonder at the strength and malignity of it Some of the chiefest of these obstructions I shall endeavour to remember 1. The obstruction of Reformation in matters of Religion No grievances are sharper then those that presse upon the tender consciences of men and that there was never Church or State afflicted with more grievances of this kind then we have bin And though they are by the wisedom of this Parliament partly cased and diminished yet many still remaine and as long as the Bishops and the corrupt part of the Clergie continue in their Power there will be little hope of freedome either from the sence of those which continue or the feare of those which are removed And of this obstruction my Lords I must clear the Commons we are in no part guilty of it some good Bils have past us and others are in preparation which had bin past before this if wee had not found such ill successe in the other Whatsoever mischiefe this obstruction shall produce we are free from it wee may have our part of the Miserie we can have no part in the guilt or dishonour 2. An obstruction in Trade It is the Trade that brings food and nourishment to the Kingdom It is that which preserves encreaseth the stock of the whole and distributes a convenient Portion of maintenance to every part of it therefore such an obstruction as this must be dangerous the Freedom of Trades being so necessary the benefit so important as that it gives life strength and beauty to the whole Body of the Common-wealth but I must protest the House of Commons hath given no Cause to this obstruction wee have cas'd Trade of many Burdens and heavy Taxes which are taken off we have freed it from many hard restraints by Pattents and Monopolies we have bin willing to part with our own Priviledges to give it encouragement We have sought to put the Merchants into security and confidence in respect of the Tower of London that so they might be invited to bring in their Bullion to the Mint as heretofore they have done and wee are no way guilty of the Troubles the feares and publique dangers which make men withdraw their Stocks and to keep their money by them to be ready for such sudden Exigents as in these great distractions we have too much Cause to expect 3. The obstruction in the Reliefe of Ireland It must needs be accompted a great shame and dishonour to this Kingdom that our Neighbours have shewed themselves more forward to supply the Rebels then we have bin to relieve our distressed brethren and follow-Subjects But I must declare that we are altogether innocent of any neglect herein As soon as the first newes of the Rebellion came over we undertook the War not by way of Supply and Ayd as in former Rebellions the Subjects have used to doe but we undertook the whole charge of it and we suffered not foure and twenty houres to passe before we agreed to a great Leavy of Money and Men to be imployed against the Rebells even in a larger proportion then the Lord Justices and Councell there did desire and from time to time we have done all for the furtherance thereof though in the midst of many distractions and diversions but the want of Commissions for leavying Men for issuing Armes and divers other Impediments have bin the Causes of that obstruction and I wish we had not only found Impediments to our selves but also Incouragements to them Many of the chiefe Commanders now in the Head of the Rebels after we had with your Lordships Concurrence stopt the Ports against all Irish Papists have beene suffered to passe by his Majesties immediate Warrant much to the discouragement of the Lord justices and the Councell there and this procured as we beleeve by some evill Instruments too neere his Regall Person without his Majesties knowledge and intention 4. The obstruction in prosecution of Delinquents many wee have already brought up to your Lordships divers others we have bin discouraged to transmit such difficult proceedings have we met withall such terrors and discountenance have beene cast upon our selves and our witnesses and those who have shewed themselves their friends and Patrons have found it the most ready way to preferment yea his Majesties own hand hath bin obtained his Majesties Ships imployed for the transporting of divers of those who have fled from the Justice of the Parliament 5. A generall obstruction interruption of the proceedings of Parliament by those manifold designes of violence which through Gods mercy we have escaped by the great and frequent breaches of Priviledge by the subtill endevours to raise parties in our House and jealousies betwixt the two Houses 6. The obstruction in providing for the Defence of
the Kingdom that we might be inabled to resist a forraign Enemy to suppresse all Civill Insurrections and what a pressing necessity there is of this the exceeding great decayes in the Novie in the Forts in the Power of ordering the Militia of the Kingdom and Means of furnishing them with Munition are sufficient evidences known to none better then to your Lordships and what endeavour we have used to remove them but hitherto without that successe and concurrence which we expected and where the stop hath bin and upon what good grounds we may claime our own innocency and faithfulnesse in this we desire no other Witnesses but your selves Lastly I come to the evill Influences which have caused this distemper and I shall content my selfe to mention some few of those which are most Apparent and Important 1. In the first place I shall remember the evill Councells about 3 The Influences that have caused so great Distemper the King whereof wee have often complained Diseases of the Braine are most dangerous because from thence Sence and Motion are derived to the whole Body The malignity of evill Councells will quickly be infused into all parts of the State None can doubt but we have exceedingly laboured under most dangerous and mischievous Councells This evill Influence hath bin the cause of the preparation of Warre with Scotland of the procuring a Rebellion in Ireland of corrupting Religion suppressing the Liberty of this Kingdome and of many fearefull and horrid Attempts to the subverting the very being of Parliament which was the only hopefull Meanes of opposing and preventing all the rest And this doth appeare to be a most predominant evill of the Time whereat we need not wonder when wee consider how Counsellours have beene preferred and prepared And I appeale to your Lordships owne Consciences whether the giving and the countenancing of evill Councell hath not beene almost the only way to favour and advancement 2. The discouragement of good Councell divers honest and approved Counsellours have bin put from their places others so discountenanced as that the way of favour hath bin shut against them and that of danger and destruction only open to them 3. The great Power that an interressed factious Party hath in the Parliament by the continuance of the Votes of the Bishops and Popish Lords in your Lordships House and the taking in of others both out of the House of Commons and otherwise to encâ—ease their strength 4. The fomenting and cherishing of a malignant Party throughout the whole Kingdom 5. The manifold jealousies betwixt the King his Parliament and good Subjects whereby his protection and favour hath in a great measure bin with-held from them their inclination and resolution to serve and assist him hath beene very much hindred and interrupted We have often suffer'd under the mis-interpretation of good actions false imputation of evill which we never intended So that we may justly purge our selves from all guilt of being Authors of this jealousie and misunderstanding Wee have bin and are still ready to serve his Majesty with our lives and fortunes with as much cheerefulnesse and earnestnesse of affection as ever any Subjects were and we doubt not but our proceedings will so manifest this that we shall be as cleare in the apprehension of the world as we are in the testimony of our own consciences I am now come to a conclusion and I have nothing to propound to your Lordships by way of Request or desire from the House of Commons I doubt not but your judgements will tell you what is to be done your Consciences your Honours your Interests will call upon you for the doing of it The Commons will be glad to have your help and concurrence in saving of the Kingdome but if they should faile of it it should not discourage them in doing their duty And whether the Kingdom be lost or saved as through Gods blessing I hope it will be they shall be sorry that the story of this present Parliament should tell Posterity that in so great a Danger and Extremity the House of Commons should be enforced to save the Kingdome alone and that the House of Peeres should have no part in the honour of the preservation of it you having so great an Interest in the good successe of those endeavours in respect of your great Estates and high degrees of Nobility MY Lords consider what the present necessities and dangers of the Common-wealth require what the Commons have reason to expect to what endeavours and counsels the concurrent desires of all the people doe invite you so that applying your selves to the preservation of the King and Kingdom I may be bold to assure you in the name of all the Commons of England that you shall be bravely seconded FINIS Die Martis 25. January 1641. IT is this day ordered by the Commons House of Parliament that M. Speaker in the name of the House shall give thanks unto M. Pym for his so well performing the service he was imployed in by the Commons of this House at this Conference And it is further ordered that M. Pym be desired to put the Speech he made at this Conference into writing and to deliver it into the House to the end it may be printed H. Elsynge Cler. Parl. D. Com.