PUBLICANUS VINDICATUS: OR, A short Narrative of the Occasion and Obstruction in the payment of the late Kings Debts, contracted upon the customs; Together, with his own unhappy condition by reason thereof.  
Written for public satisfaction, but more particularly for the Creditors, to whom it is dedicated, this ANNO 1654.  
BY Sir JOHN JACOB, Knight.  
Cuique sua est Tempestas, & Tempus,  Eccles. 3.1. 
LONDON, Printed Anno Domini, 1654.   

Publicanus Vindicatus.  
IT is excellently said by that Roman, 
Tacitus.  and famous Historian, Temporibus,( quibus sinistra erga eminentes interpretatio) nec minus periculum ex magnâ famâ, quàm ex malâ. To be thought rich, was I hope my greatest Crime, and now to be thought poor, is my greatest Labour.  
History is memoria praeteritorum, conjectura futurorum. I could tell you a long story, but this will be short, though sad; here will be no admiration of our change, there is nothing new under the Sun: yet take all circumstances, I believe Time will be silenced to parallel such novelties, since the Sun shined. Our sins certainly were beyond all Nations, and so our punishments, because we were more indebted to God then all Nations: Peccati vecchi, penitenza nuova; and nimia faelicitas, causa calamitatis. I confess, I looked for a storm, I saw the clouds gather with some ill prognostics, but I little dreamed of a deluge, judging like a man, and too much trusting to my own imaginations. For which, with glory to God, I must say, that his ways are like a Ship in the Ocean, and mine full of vanity, and vexation of spirit, having been in the midst of these waves these thirteen yeares, attending all powers, factions, and alterations, and am now cast ashore upon a plank, with a wife, and nine children, to see our Lands, and Estates, torn and sold, and our reputation lost, and vilified; for which I will say with job, God giveth, and God taketh, blessed be the Name of the Lord.  
To give you the relation of our farms, the several Grants, with the legalities of part of them, the illegalities of other part, the great loans, and advancements of money, the vastness of our Credits; quae vel m●minisse, nocebit, it would make the porch bigger then the house, and so injure your expectation.  
The fatal Parliament called in November 1640, falling into unhappy distempers, and wanting money for the work they had cut out; after they had sate a few moneths, questioned the Farmers for intermeddling, farming, and receiving the Customs, and Imposts, contrary( as they said) to Law, contrary to a Declaration, & Vote, tertio Caroli, and contrary to the Liberty of the Subject; They, being threatened, and timorous, fell presently under the test, durst not grapple, the Waves beating high, therfore they thought it safest to make a Port, and to agree betimes with an angry State; and finding it folly to dispute their assertions, though there was no Law to prohibit the Receipt, or Farming of the customs, nor any Vote passed tertio Caroli against it, yet they confessed themselves guilty, and hastened by some pretended friends in the House, they suddenly submitted to a composition of one hundred sixty five thousand pounds, besides some other sums challenged before tertio Caroli, upon the guilt of the same crime. One hundred and fifty thousand pounds of this was charged among those that were called the old Farmers; viz. Sir Paul Pindar, Sir John Wolstenholme dead, Sir Abraham daws dead also, and Sir John jacob, and their Partners. The other fifteen thousand pounds was charged upon the then Farmers, viz. Sir John jacob, Sir Thomas daws( who succeeded his Father) Sir job Harvey, Sir Nicholas Crisp, and Sir John Nulls, and their Partners; unto whom, by new propositions for the Contract, newly made for four yeares of the said customs, from Christmas 1640, and the Lady day 1641, were to be joined Sir Paul Pindar, and Sir John Harrison, and the Lord Goring, would also be one, though little to their advantage.  
Whiles these things were agitated, the Farmers continued their said new Contract, paid, and received divers sums of money, and that by Licence, and Order of Parliament, little dreaming, that, being so highly to expiate their crime, and that for such service as the payment of two Armies, they should so suddenly be removed from that hold, which was the Anchor of their safety in so great a storm.  
But the next day, that the Composition was reported, the said Contract was voted voided, all Assignments upon the Rents were made null, and the Customs diverted to such uses, as the Parliament should appoint, and because there then appeared none more able to serve them, in this design; in stead of Farmers most of them were made Commissioners, and so continued during the seven Acts of Tonnage and Poundage, passed in the compass of thirteen months. Then the late King unhappily deserted his Parliament, which begot many thoughts of alterations, but the Parliament, resolving not to spare this Revenue, commanded still the same Farmers to continue their employment, and passed several Ordinances with indemnities for them, against the Law lately passed by themselves, wherein the penalty was a praemunire at the least, for receiving the customs without a Law; so were they commanded to fall into the same error, for which they were by the same men so severely punished: So crimes even have their times, & seasons. But they knew no fence against that Command, besides they were ambitious of their favour, who at first set so deep a mark of hatred, for then a Customer was worse then a Publican, nay, tanquam à judaeis peccatores omnium vilissimi, though I could have  told them that among the Romans, they had a better reputation. 
Cicero.  My Author calls them, Equitum primores, Civitatis ornamentum, Reipublica firmamentum, qui Publicanorum ordine continentur: But obedience was better then sacrifice, yet we sacrificed for our obedience, and paid the said Composition in the space of two moneths for the payment of the Armies aforesaid.  
During these payments we were not only employed, but were also much encouraged, and caressed by many of the Parliament, with assurances of all just favours, in any thing that might concern us; and of this we began to stand in need, for the blow struck so deep into our Estates, and Credits, that we began to sink before we were half way over, and that because public notice was taken, that our Grants of the Contracts were dissolved, and no reparation ordered for the Kings debts, that were contracted thereupon: This begot presently a Petition to the House in june 1641, wherein we shewed, how our Credit was blasted, without some sudden influence of their favour, and that without some present care of the satisfaction of the said Debts, our burden was beyond our strength, so far, that we were not able to perform the Composition agreed on, to which the House immediately answered, That they would take into consideration the said Debts in due time; This had that spirit in the multitude, that like hot water, it gave life to our credit, and so we compassed the payment of the said Composition in the time aforesaid.  
This was paid among us, partly in money brought in, and partly by credit, and because I am not to end this History without the balance of my own account, I will here declare my share to amount unto l. s. d. 30064 10 10 Of this I discharged in money and Bonds 15000 li. the rest was then in Sir Paul Pindar's hands, we all intending to finish the account with all possible speed.  
But the distempers continuing in several fits of good, and bad dayes, It, at last broke out into such a fever, that Factions, and ambitions began to boil in most mens veins, and even among ourselves; Sir John Welstenholme leads to the royal party, Sir Nicholas Crisp follows, and Sir John Harrison stays little after, nay divers of our Creditors left their Debtors, and went also the same way; Sir Paul Pindar, and myself, with some others of us, stayed here, in obedience to the Parliament, where for the space of divers yeares the Debts were not so much as demanded, nor interest asked, nay they that have since been violent, if not ingratefull prosecutors, durst not so much as own their Debts, much less demand their satisfaction, being in danger to be lost for their Delinquency, had not the fidelity of the Farmers preserved them, for which they are not well rewarded. I have been the more particular in this digression, because it was a consequence of the first, & is yet like a festered wound, not cured, but rather by the accidents of times, neglects of opportunities, and too much trust in men living, and dead, likely to turn into a dangerous gangrene, to the ruin of us that survive to answer the Law, when we can have none from those that are dead: Considerations little thought of by men in our times, who take hold of the summum Ius of our Law, but little think of that summum Bonum of Christian pitty, and charity, due to Brethren that fall in a common calamity. But now I crave leave to proceed to that part of the Kings Debts, the greatest occasion of your present trouble.  
These Debts contracted upon the farms aforesaid, nulled by the Parliament, might then amount unto 200000 ɫɫ, whereof in money about 118000 ɫɫ and by one Assignment to the East India Company, for Pepper, about 62000 ɫɫ, and about 20000 ɫɫ to Sir David Conningham, and Master Smithsby, in satisfaction of some old, and new Debts, made upon the score of King james, and the late King, and so hedged in by the advantage of necessity, which seldom makes good bargains: These Assignments made upon the Rents to come, it was easy to move the King to require the Farmers to give their Bonds, and being indifferent to them, to whom they paid their Rent, it was as easy with them to grant it.  
Why those men that made their own bargains should so far forget the brokage of their own advantages, as now to fall with all violences of the Law, upon the Farmers, even to Statutes of Bankrupt, intended for Rogues, and cheaters, and which in this case, in all Nations but this, would admit of equity, and pitty, I cannot but wonder, certainly they may suspect a scrutiny to be dangerous, and therefore press violently for their satisfaction, left a Delinquency, which is more due to them then to the Farmers, might hazard their debt.  
Obj But I have heard one say; What if these Debts be two hundred thousand pounds, shall such a sum sink Gentlemen of such value, and credit? it hath been credibly reported, that they have got double the sum by the farms aforesaid.  
Ans. This will soon be answered, when you observe the series of this story: What was gotten by the farms, was gotten in times of vast plenty, and consumption, when our Ships were the Forts of Sea, and Land, and our Ports the Magazines of Trade, and this was the first seventeen yeares of the late King, and those gains were shared into great parcels by Sir John Welstenholme signior, and Sir Abraham daws, both dead before the Parliament, and the first, no Partner in this Contract, and the last of no use, for Sir Thomas Dames pleads the Executors plea, will receive, not pay. And Sir Paul Pindar, and Sir John jacob, you may guess, could not come off for less then threescore thousand pounds, for their parts of the Composition aforesaid, and in seventeen yeares as a man gets, he loseth, and spendeth by increase of Family, especially in yeares of his prosperity. So that Sir Paul Pindar, and Sir John jacob cannot be thought so strong as to bear half such a burden, and for other helps which may be in Sir job hardy, Sir Nicholas Crisp, and also Sir John Nulls, the world knows their losses, and I know they are undone for two years service, in which they have yet lost( besides these Debts) above ten thousand pound a man, and are now also to join in the Composition of six shillings eight pence offered to the Creditors.  
Obj. Then I heard another say, that six shillings eight pence in the pound, now offered for the Composition, was no way worthy of such men; It is supposed that Sir Paul Pindar dyed worth at least one hundred and fifty thousand pounds good Estate, which should contribute to those Debts; that Sir John jacob hath two thousand pound a year Land, & hath received his Rents all this while, without apparent losses.  
Ans. First give me leave to tell him, that this is not offered as a Composition of the whole Debt, the remainder is transferred, both principal, and interest, upon the expectation of a future satisfaction from the State, wherein the Farmers have as great shares, and stocks as all the Creditors, and neither the one, nor the other had been now in hazard, had the Creditors stood to the Farmers, according to their subscriptions, and promises in the late opportunity they had, both to serve the State, and save themselves. And for the value of dead mens Estates, I am no Conjurer, but I find Master Toomes, Sir Pauls Executor, a Spirit that is not easily laid, nor ruled, and keeps to his old Plea, receive, but pay nothing. For what concerns myself, they reckon without book, that balance other mens Estates, therefore you shall give me leave to do it myself, wherein I will confess above your knowledge, with that integrity as becomes the honour, and honesty of him that is as a dying man, in his Estate, and Fortune, and ought not to dissemble with God, who can punish in another world, where the only hope remaines of his felicity.  
I must confess then, that at the beginning of that Parliament, I had by descent, and acquisition at the least three thousand pound per annum, good Rents, out of which four hundred pound per annum was set out for my Mothers Joincture, who yet lives, and enjoys it.  
I had in Offices in the customhouse, being Customer of London( the only legal, and ancient Office) and as Collector of the pntermitted customs, and of the Impost of Tobacco, all for two lives, and worth at the least eight hundred pounds per annum.  
I had, and yet have in the stock of the farms 10000 ɫɫ I had in Sir Paul Pindars hands, on the account of the farms 15000 ɫɫ I had due to me upon the account of the pntermitted customs, taken away by Parliament, the tenth of August, 1641 7500 ɫɫ I had in good Debts, Plate, and Jewels, to the value of 20000 ɫɫ  
This seems a faire foundation, had not the Deluge shaken the Frame of the whole World; But you shall see, how Riches have wings.  
The first breach upon me, was, when the floods went highest, the Composition to the Parliament, which swept away for my part l. s. d. 30064 10 10 Of this, as I said before, I paid in money, and by discharge of some Bonds 15000 ɫɫ The rest was in Sir Paul Pindars hands, to clear the said Composition, but is now disputed by Mr Toomes, upon pretence of tallies, and other accounts since fallen into difference between him, and me: but ought justly to go in part of the Composition afore, and is therefore so charged l. s. d. 30064 10 10  
The next is a Fine, invented for dead mens faults, of dangerous consequence, yet it being found that my Father was a Partner in the farms from prime to tertio Caroli, I was forced to pay to an halfpenny l. s. d. 1354 7 2 ob Then for my composition in the two years farms l. s. d. 1500 0 0 Then my stock in the farm yet lost l. s. d. 10000 0 0  
Since which, 
Quaere Calendrini Accomp.  I have paid as part of the late Kings Debts, to several persons, to avoid clamour, and the danger of imprisonment, and to take off some Extents upon my Lands, as per account, at the least 14000 ɫɫ  
I have lost ready money lent to my Lord Goring, whose Estate is since melted by the heat of these times 5500 ɫɫ  
Then began the practise of Haberdashers Hall, where I was set at 2000 ɫɫ for 5th and 20th Part, but alleging that I was worth nothing, by reason of the said Kings Debts; The committee asked me, whither I made the King a Bankrupt, and whether I valued the public Faith at nothing? I replied, as befitted that place, and as a favour, I was reduced to 1500 which I paid 1500 ɫɫ  
Then the Parliament having intercepted a Letter from Mris Seymer at Oxford, then written to Sir Paul Pindar for the interest of 5000 ɫɫ in our hands, she was the next morning made a Delinquent, and the Farmers residing here were summoned to pay this 5000 ɫɫ to the House, and we demanding the Bond, they replied, That an Ordinance of Parliament should secure us against her Bond: We disputed it while with all civility to them, but they making many threats upon us, and sequestering our Estates, we at last submitted to pay our parts, which they computing, divided into seven shares, I condescended to pay mine, upon which the Sequestrations were taken off, and though now( she being come to demand her money) I find I was not bound, yet it cost me l. s. d. 714 0 0 About this time( having a house in the City) I paid the fifty Subsidies l. s. d. 300 0 0 Then for the Scots business I paid l. s. d. 200 0 0 Next for Ireland l. s. d. 200 0 0 The debt on the pntermitted customs was lost in 1641 l. s. d. 7500 0 0 Then in 1648, my Offices( as aforesaid) which were under the Great seal of England, for two lives, for which I would not have taken 6000 ɫɫ  
Then in good Debts due from several persons, whose Estates are made uncapable by Parliament, and those unhappy accidents, I have lost, as I will make it appear( besides what is above charged) at the least 10000 ɫɫ  
All which you will find to be ɫɫ s. d. 88832 18 0 ob  
Here I reckon no farms, nor any Debt due thereupon, except my stock, and money paid to the Creditors( which yet is lost) though I could tell you of above 50000 ɫɫ due from the late King amongst us, for defalcations, and other demands; neither do I charge here any quarterings, Taxes; or other public payments, which I will make appear do amount unto 6000 ɫɫ, neither is here any estimate of any profit expectant of the farms, as the Contract for four yeares, the Sugar farm for sixteen yeares, all which would much inflame the reckoning; but being contingencies are not valued, now tell me, what is Sir John jacob worth?  
But I he●e one say, that though these losses are indeed great, yet Sir John jacob hath kept his Lands, and the profits thereof all this while.  
I shall ingenuously confess, that with much ado, I have kept some, but those extended, and encumbered for many of the said Debts, the Creditors whereof finding a real Estate, have perpetually put me to the defensive posture, though with great charge, and vexation: But I must also declare, that since the beginning of that Parliament, I have sold at the least 1400 ɫɫ per annum, for the supply of many occurring occasions, and to keep my liberty as long as I could. And have yet left about 1600 per annum, whereof my living Mother hath 400 ɫɫ per annum, so rests 1200 ɫɫ per annum, whereof about 600 per annum is settled long since for the payment of several particular Debts, being yet due by the misfortune of these times to many of my friends, and kindred, many widows, and Orphans, who then thought their Estates safe, and happy in my hands, and whom in honour, and honesty I ought to provide for: then remaines but 600 ɫɫ per annum more, which must now go to secure, and pay this Composition with the Creditors, which may amount unto for my part about 10 or 11000 ɫɫ. Now tell me( Gentlemen) what is Sir John jacob worth?  
Perhaps some will say, he shall have 400 ɫɫ per annum after his Mothers decease: Truly it is not half so much as his Father left him, nor less then his left him in Cambridge shire, where I drew my first breath; 
Ca●lingay  and after thirty five yeares action upon the stage of this world, in eminent employments, and credit, to have such a recessus ad principium; durus sermo; but I wish you could tell, how he, his wife, and nine children grown in this his wasting, shall live in the interim. Charitas laudatur, at alget.  
do you not see how I am undone? what oppressions have overwhelmed me, and my Estate? what injustices occasioned by the distemper of the times? will not that do? Then consider; you see no deceits, no fallacies, no frauds, no building, no buying, no trading, no drabbing, no dicing with your moneys; you see the considerations of their Contract, which should have paid you, taken away by power; bargains nulled; promises broken; public Faith frustrate; you see the turns of State; Government altered; Kings, and kingdoms arraigned, condemned, and executed; you see in fine, wonderful judgments, wonderful successses, wonderful alterations: and what you may yet see, God knows. Will not this do? then consider, hody mihi, cras tibi.  
This I have sent you, to let you see the jnjury of opinion, and to convert ingenuous minds, and perhaps to operate upon the unbiased conscience of honest men. And here I thought to have ended; but I heard that one lately said in company( speaking of the sad condition of myself, and Partners) that there was little pitty due to those that lent the late King money to keep off Parliaments, and so in effect, were the Authors of these late Wars: Truly that Gentleman might observe, that the King had five Parliaments in seventeen yeares; That he lost rather then wanted the opportunity of his own happiness: And I will as truly tell him, that in all his reign, upon any account made up by the Auditors, which are yet Records, there was never above forty thousand pounds due above the Rent, and many times less, which was a small sum to stock a war; It is also as true in 1638, there were general loans from all Officers, and relations to the King, and the Farmers renewing their Grants with additional Partners, there was an advance made of some considerable sum; And in anno 1640, these Debts were contracted, by which it afterwards appeared, the King had made some provisions of war, which the Parliament recovered, and made great use of; but to say the Farmers had any personal designs, were to make them of the council of State, which is no less then to make us all so, that now pay Taxes: Besides, if the Farmers credit had been so prodigious, it might have prevented the shipmoney, and many other Projects, which, if the parties had not had better lucke, might have proved more criminal, then the poor Farmers. But some may better steal, then others look on.  
But another, he cries, it is no matter, They got great Estates by Farming of the customs, not due by Law, and therefore were justly punished. Truly, I will not enter into that question, whether due by Right, custom, or Law, neither is it fit to dispute by what Law they are now due, they were ever received until they were given by Law, they cannot be spared though there be no Law.  
But because I am in, I must entreat the ingenuous vulgar, to understand things by their right names, and in their proper terms, or else any man may easily receive, an unhappy character. There is an illegality, both material, and formal, such are the Actions, and Contracts as are against the Law of God, and man: These can never have a Law: There is an illegality materially so, which though there be no express caution by Statute to prohibit, yet those actions that fall under it, are either against some moral Law, and so evil, or such as by our Law, cannot be made legal, or they are against the sum, or intentions of our laws, and so evil to the Commonwealth, and so no Law ought to be made for their toleration. And then some Actions, and Contracts are only formally illegal, as being prohibited by Statute, or some rule of Law, though in its own nature such, as but for that Law were legal: Now, I desire that Gentleman to tell me whether the Farming, and receiving the said customs, were illegal materially, then no Ordinance, or Law ought to be made to tolerate them, if formally, then show me any Statute before to prohibit them; then tell me how the Farmers were justly punished, for no Law( I think) can speak until it be born, neither should justice look back to punish any action elder then the Law, which only makes it punishable, because illegal, and that but formally, because the Law declares it such; and where there is no Law, there is no transgression: But this seems a vindiciarum postulatio, out of date, volenti non sit injuria; We submitted then, and so must yet, to be undone in a crowd, and to be subject to the oppression of all censures, the violences of all laws, and the loss of all Estates, Liberty, and reputation, unless God work even miraculously upon the multitude, into whose hands he hath delivered us, or graciously upon the spirit of his Highnesse, into whose protection he hath cast us, and in whom only under God, we have our hope, in due time for some reparation, or restauration of our poor Estates, when God shall settle him in peace, and safety, for the honour, and prosperity of this Commonwealth. Et sic animum liberavi— — Congregat quispiam, said nescit quis recepturum.  
FINIS.