A DECLARATION Presented to the Honourable House of COMMONS. With A Speech delivered at conference with the LORDS, january 25. 1641. By occasion of the Petitions from the City of London, and the Counties of Middlesex, Essex, and Hartford. BY JOHN 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 thanks of the House given to those of HARTFORD-SHIRE, The other for punishing of those, who Printed a false Copy of that Petition and other libellous Pamphlets. Published by a true Copy, February 22. 1641. LONDON, Printed for Richard Lownes, at his Shop next without LUDGATE, 1641. A Declaration of the Grievances of the Kingdom, delivered in Parliament, by john Pym ESQUIRE. NEver Parliament had greater businesses to The precedent consideration of grievances will further the supply. dispatch, nor more difficulties to encounter; therefore we have reason to take all advantages of order and address, and hereby we shall not only do our own work, but dispose and enable ourselves for the better satisfaction of His Majesty's desire of supply. The grievances being removed, our affections will carry us with speed and cheerfulness, to give His Majesty that which may be sufficient both for his honour and support. Those that in first place shall endeavour to redress the grievances, will be found not to hinder, but to be the furtherers of his Majesty's service: he that takes away weights, doth as much advantage motion, as he that addeth wings. Divers pieces of this main work have been already propounded, Great works are first to be considered in the model. his endeavour should be to present to the House a model 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 pattern shown him in the Mount. Those actions are seldom well perfected in the execution, which are not first well moulded in the design and proposition. He said, he would labour to contract those manifold affairs both of the Church and State, which did so earnestly require the wisdom A double method compounded of grievances & cures. and faithfulness of this House, into a double method of grievances and cures: and because there wanted not some who pretended, that these things wherewith the Commonwealth is now grieved, are much for the advantage of the King, and that the redress of them will be to His Majesty's great disadvantage and loss (he said) he doubted not but to make it appear, that in discovering the present Public grievances disadvantageous to the King. great distempers and disorders, and procuring remedy for them, we should be no less serviceable to his Majesty, who hath summoned us to this great Council, than useful to those whom we do here represent: for the better effecting whereof, he propounded three The first general division. main branch●s of his discourse. In the first (he said) he would offer them the several heads of some principal grievances, under which the Kingdom groaned. In the second, he undertook 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 s●ch a way of healing and removing those grievances, as might be equally effectual to maintain the honour and greatness 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 sharpness and bitterness of those things whereof Sharp matters to be mitigated in the expression. The K. can do no wrong. he was to speak, so far as his duty & faithfulness would allow. It is a great Prerogative to the K. and a great honour attributed to him in a Maxim of our Law, that he can do no wrong, he is the fountain of justied, 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 c●use, of so many Epidemical diseases, do proceed from the noy some vapours of the earth, or some ill affected qualities of the air, without any infection or alteration of those pure, celestial and incorruptible bodies. In the like manner (he said) the authority, the power and countenance of Princes may concur in the actions of evil men, without partaking in the injustice and obliquity of them. Hurtful projects presented to the King under plausible notions. These matters where of we complain, have been presented to his Majesty, either under the pretence of Royal Pretogatives, which he is bound to maintain, or of public good, which is the most honourable object of Regal wisdom. But the covetous and ambitious designs of others, have interposed betwixt his Royal intentions, and the happiness of his people, making those things pernicious and hurtful, which his Majesty 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 he would be careful to express that Modesty and humility, which might be expected by those, of whose actions he was to speak. And if his judgement; or his tongue should slip into a particular mistake, he would Submission to reformation. not think it so great a shame, to fail by his own weakness, as he should esteem it an honour and advantage, to be corrected by the wisdom of that house, to which he submitted himself, with this protestation, that he desired no reformation so much as to reform himself. 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 soul. The next great libert●, is Justice, whereby justice. we are preserved from injury in our persons, and estates, from this is derived into the Commonwealth, peace, and order, and safety, and when this is interrupted, confusion and danger are ready to overwhelm all. The third great liberty consists in the power and privilege of Parliaments, this is the fountain of law, the great Council Privilege of Parliament. of the kingdom, the highest Court: this is enabled by the Legislative and Conciliary power, to prevent evils to come; by the Judiciary power, to suppress and remove evils present. If you consider these three great liberties in the order of dignity, this last is inferior to the other two as means are inferour to the end; but if you consider them in the order of necessity ●nd use, this may justly claim 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 lie upon the kingdom, he would observe this order. 1. To mention those, which were against the privilege of Parliaments. 2. Those which were prejudicial to the Religion established in the Kingdom. 3. Those which did interrupt the justice of the Realm, in the liberty of our persons, and propriety of our estates. The privileges of Parliament were not given for the ornament The necessity & importance of the privilege of Parliament. or advantage of those, who are the members of Parliament, they have a real use and efficacy, towards that which is the end of Parliaments: we are free from suits, that we may the more entirely addict ourselves, to the public services: we have therefore liberty of speech, that our Counsels may not be corrupted with fear, or our judgements perverted with self respects: those three great faculties and functions of Parliament, the Legislative Judiciary, and Consiliary power, can not be well exercised without such privileges as these. The wisdom of our Laws, the faithfulness of our Counsels, the righteousness of our judgements can hardly be kept pure and untainted, if they proceed from distracted and restramed minds. It is a good Rule of the Moral Philosopher, Et non laed as mentem gubernatricem omnium actionum: These powers of Parliament are to the body politic as the rational faculties of the soul, to a man. That which keeps all the parts of the Commonwealth in frame, and temper, aught to be most carefully preserved in that freedom, vigour, and activity, which belongs to itself. Our predecessors in this house, have ever been most careful in the first place, to settle and secure their privileges: and (he said) he hoped that we having had greater breaches made upon us than heretofore, would be no less 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 divers particular points wherein the Privilege Particular breaches of privilege 1 Restraint of speech. 2 Interdict of questions of Parliament had been 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 alleged, by his Majesty's 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 divers Members of the House for matters Imprisonment of members. judicial proceed Order to be bound to the good behaviour. done in Pa●liament. Fourthly, by indictments, informations, and judgements in ordinary & inferior courts for speeches & proceed in Parliaments Fifthly, the disgraceful order of the King's Bench, whereby some members of this House were enjoined to put in security of the good behaviour, and for refusal thereof, they were continued in prison, divers years, without any particular allegation against them: one of them was freed by death, others not dismissed till his Majesty had declared his intention, to summon this Parliament. And this he noted not only as a breach of privilege, but as a violation of the common justice of the Kingdom. Sixthly by the sudden and abrupt dissolution of Parliaments, contrary Abrupt dissolutions of Parliament. to the Law and custom. It hath been often declared in Parliaments, that the Parliament should not be dissolved, till the petitions be answered. This (he said) was a great grievance, because it doth prevent the redress of other grievances. It were a hard case, that a private man should be put to death without being heard: As this representative body of the Commons, receives a being by the summons, so it receives a civil death by the dissolution. Is it not a much more heavy doom, by which we lose our being, and have this civil death inflicted on us, in displeasure, and not to be allowed time and liberty to answer for ourselves? that we should not only die, but have this mark of infamy laid upon us, to be made Intestabiles, disabled to make our wills, to dispose of our business, as this House hath always used to do, before Adjournments or dissolutions? yet this, hath often been our case, we have not been permitted to pour out our last sighs and groans, into the bosom of our dear Sovereign, the words of dying men are full of piercing affections: if we might be heard to speak, no doubt we should so fully express our love, & faith fullness 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 public good of his Kingdom. Thus he concluded the first sort of grievances, being such as were Grievances concerning Religion. against the privilege of Parliament, and passed on to the next, concerning Religion: all which he conveyed under the four heads. 1 The first, was the great encouragement given to popery, of Encouragement of popery. Suspension of Laws. which he produced these particular evidences. 1 A suspension of all Laws against Papists, whereby they enjoy a free, and almost public exercise of that Religion, and those good Statutes which were made for restraint of Idolatry, and superstition, are now a ground of security to them, in the practice of both, being used to no other end, but to get money into the King's purse: which as it is clearly against the intentions of the Law, so it is full of mischief to the Kingdom. By this means a dangerous party is cherished, and increased, who are ready to close with any opportunity or disturbing the peace and safety of the State. Yet (he said) he did not desire any new laws against popery, or any rigorous courses in the execution of those already in force; he was far from seeking the ruin of their persons or estates, only he wished they might be kept in such a condition, as should restrain 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 Kingdom, as well as we. These (he said) were not to be considered according to their own disposition, but according to but In their disability. the nature of the body, whereof they are parties. The Planets have several and particular motions of their own, yet they are all rapt and transported into a contrary course, by the superior Orb which comprehends them all. The Principles of Popery are such, as are incompatible with any other RELIGION: there may be 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 restrain them, oaths will not, the Pope can dispense with both these, and where there is occasion, his command will act them, to the disturbance of the Realm, against their own private disposition, yea, against their own reason and judgement to obey him, to whom they have (especially the Jesuitical party) absolutely and entirely obliged themselves, not only in spiritual matters, but in temporal, as they are in order ad Spiritualia. H. the 3 d. and H. the 4 th'. of France, were no Protestants themselves, yet were murdered, because they tolerated the Protestants, by which and many other precedents it appears, that the King, that the Kingdom can have no security but in their weakness and disability to do hurt. 2 A 2 d. encouragement is, their admission into places of power Admission into places of power. and trust in the Commonwealth, 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 freedom of resorting to London, and the Court, Free resort to London & the court whereby they have opportunity, not only of Communicating their Counsels, and designs one to another, but of diving into his Majesty's Counsels, by the frequent access of those who are active men, amongst them, to the tables and company of great men, and under subtle pretences and disguises, they want not means of cherishing their own projects, and of endeavouring to mould and bias the public affairs to the great advantage of that party. 4 A 4 th', that as they have a Congregation of Cardinals at Rome, to consider of the aptest ways and means of establishing the Pope's authority and Religion in England: so they have a Nuncio here, to act and dispose that party to the execution of those Counsels, and by the assistance of such cunning and Jesuitical spirits as swarm in this town, to order and manage all actions, and events, to the furtherance of that main end. 2 The second grievance in Religion, was from those manifold innovations lately introduced into several parts of the Kingdom, all Innovations in matters of Religion inclining to Popery, and disposing and fitting men to entertain 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 been publicly defended in licenced Books, in Sermons, in University acts and disputations. 2 Divers Popish Ceremonies have been not only practised, but Practise of popish ceremonies. countenanced, yea little less than enjoined, 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, than the sinews 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 form 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. Discouragement of true professors. Inlargment of differences among ourselves. men, who were most forward in setting up such Innovations, the particulars were so well known, that they needed not to be named. 4 The fourth was, the discouragement of those who were known to be most conscionable, and faithful professors of the truth: some of the ways of effecting this, he observed to be these. 1 The courses taken to enforce and enlarge those unhappy differences, for matters of small moment, which have been amongst ourselves, and to raise up new occasions of further division, whereby many have been induced to forsake the land, not seeing the end of those voluntary and humane Injunctions in things appertaining to God's worship: whereas those who are indeed lovers of Religion, and of the Churches of God, would seek 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 Overrigid prosecution of the scrupulous for things indifferent. some things enjoined, which are held by those who enjoin them, to be in themselves indifferent. It hath been ever the desire of this House, expressed in many Parliaments in Q. Elizabeth's time and since, that such might be renderly used. It was one of our petitions delivered at Oxford to his Majesty that now is: but what little moderation it hath produced, is not unknown to us all, any other vice almost punishments for matters not by law. Reading the Book. The Table set Altarwise. Coming to the rails Preaching upon the Lord's day. Varying from the catechism. Abuse of Ecclesiastical jurisdiction. may be better endured in a Minister than inconformity. 3 The unjust punishments, and vexations of sundry persons for matters required, without any warrant of Law: as For not reading the book concerning recreation on the Lord's day. For not removing the Communion Table to be set Altarwise at the East end of the Chancel. For not coming up to the Rails to receive the Sacrament. For preaching the Lords day in the afternoon. For Catechising in any other words and manner than in the precise words of the short catechism in the Common Prayer book. The fifth and last grievance concerning Religion, was the encroachment and abuse of Ecclesiastical 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 jure Divine. Articles of the Visitations. order, which they allege to be jure Divine. 3 The contriving and publishing of new articles, upon which they enforce the Churchwardens to take oaths, 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 boldness, not only in the Bishops, but in their Archdeacon's, Officials and Chancellors, taking upon themselves a kind of Synodall authority: and the Injunctions of this kind, might well partake in name with that part of the common Law, which is called the Extravagants. Having dispatched these several points, he 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 propriety 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 he should come to the cure, he should then persuade the House to begin with those, who were of most importance, as being now in execution, and very much pressing and exhausting the Commonwealth. He began with the Tonnage and poundage, and other impositions Tonnage & Poundage impositions not warranted by Law: and because these burdens had long lain upon us, and the principles which produced them, are the same from whence divers others are derived, he thought it necessary to promise a short narrative, and relation of the grounds and proceedings of the power of imposing herein practised. It was (he said) a fundamental Not to be taken but by consent in Parliament. truth essential to the constitution and government o● this kingdom, an hereditary liberty and privilege of all the free borne subjects of the Land, that no tax, tallage, or other charge might be laid upon us, without common consent in Parliament, this was acknowledged by the Conqueror, ratified in that contract which he made Acknowledged by the Conqueror. Sometimes broken by other Kings but never denied. Those breaches repaired by succeeding Parliaments. with this Nation, upon his admittance to the Kingdom, declared and confirmed in the Laws which he published. This hath never been denied to any of our Kings, though broken and interrupted by some of them, especially by K. john, and Hen. 3. then again confirmed by Mag. Chart. and other succeeding laws: yet not so well settled, but that it was sometime attempted by the two succeeding Edward's, in whose times the subjects were very sensible of all the breaches made upon the common liberty, and by the opportunity of frequent Parliaments, pursued them with fresh complaints, and for the most part, found redress, and procured the right of the subject to be fortified by new Statutes. He observed that those Kings, even in the Acts whereby they did Some mixture of evidence for the subject in these very breaches. break the Law, did really affirm the subjects liberty, and disclaim that right of imposing, which is nowchalenged, for they did usually procure the Merchant's consent, to such taxes as were laid, thereby to put a colour of justice upon their proceeding, and ordinarily they were limited to a short time, and then propounded to the ratification of the Parliament, where they were cancelled or confirmed, as the necessity and state of the Kingdom did require. But for the most part, such charges upon merchandise, were taken The grant by Parliament most usual. by authority of Parliament, and granted for some short time, in a greater or lesser proportion, as was requisite for supply of the public occasions, 6 or 12 in the pound, for one, two, or three years, as they saw cause, to be employed for the defence of the Sea, and it was acknowledged so clearly, to be in the power of arliament, that they At first variously limited in respect of time and persons Afterwards Confirmed to the King for life. No contrary practice between Ed. 3 and Q Mary have sometimes been granted to Noble men, sometimes to Merchants to be disposed for that use. Afterward they were granted to the King for life, and so continued for divers descents, yet still as a gift and grant of the Commons. Betwixt the time of Ed. the third, and Q. Marry, never Prince (that he could remember) offered to demand any imposition, but by grant in Parliament: Q. Marry laid a charge upon cloth, by the equity of the Statute of Tonnage & Poundage, because the rate set upon wool was much more than upon cloth, & there being little wool carried Pretended equity for the Custom upon cloth. out of the Kingdom unwrought, the Q. thought she had reason, to lay somewhat more, yet not full so much, as brought them to an equality, but that there still continued a less charge upon wool wrought The grounds of the pretermitted Custom. into cloth, than upon wool carried out unwrought; until K. Jame's times, when upon nicholson's project, there was a further addition of charge, but still upon pretence of the Statute, which is that we call the pretermitted custom. In Q. Eliz. time, one or two little impositions crept in, the general Bates Case. prosperity of her reign overshadowing small errors and innovations: one of these was upon Currans, by occasion of the Merchant's complaints, that the Venetians had laid a charge upon the English cloth, that so we might be even with them, and force them the sooner to take it off: this being demanded by K. james, was denied by one Bats a Merchant, and upon a suit in the Exchequer, was The judgement therein for the King. adjudged for the King. The manner of which judgement was thus: There were then but three Judges, in that Court, all differing from one another in the grounds of their sentences. The first was of opinion, the King might impose upon such commodities as were foreign, and supersluous Resulting from different opinions of the judges. as Currans were, but not upon such as were native, and to be transported, or necessary, and to be imported for the use of the kingdom. The second judge was of opinion, he might impose upon all foreign Merchandise, whether supersluous orno, but not upon native. The third, that for as much as the King had the custody of the Ports and the guard of the Seas, and that he might open and shut up the ports as he pleased, he had a prerogative to impose upon all Merchandise, both exported and imported. This single, distracted & divided judgement, is the foundation of The only foundation of the power of imposing. all the impositions now in practice: for after this, K. jam. laid new charges upon all commodities outward and inward, not limited to a certain time, and occasion, but reserved to himself, his heirs and successors for ever; the first, impositions in fee simple, that were followed with complaints, and preserved by breaches of Parliaments ever heard of in this kingdom. This judgement, and the right of imposing thereupon aslumed was a question in septimo & duodecimo of that King, and was the cause of the breach of both those Parliaments, In 18. and 21. Jacobi, it was declined by this House, that they might preserve the favour of the K. for the dispatch of some other great businesses, upon which they were more especially attentive. In 1. of his Majesty, It necessarily came to be remembered upon the The redress desired without diminution of the King's profit. proposition on the King's part, for renewing the bill of Tonnage and Poundage, but so moderate was that Parliament, that they thought rather to confirm the impositions already set by a law to be made, than to abolish them by a judgement in Parliament, but that and divers ensuing Parliaments have been unhappily broken, before that endeavour could be accomplished, only at the last meeting, a Remonstrance was made concerning the liberty of the Subject, in this point, and it hath always been expressed to be the meaning of the House, and so it was (as he said) his own meaning in the proposition now made, to settle and restore the right according to law, and not to diminish the King's profit, but to establish i● by a free grant in Parliament. New burdens since the last Parliaments. Since the breach of the last Parliament, his Majesty hath by a new book of Rates very much increased the burden upon Merchandise, and now Tonnage and Poundage, old and new impositions Divers mischiefs from these grievances are all taken by Prerogative, without any grant in Parliament, or authority of law, as we conceive, from whence divers inconveniences and mischiefs are produced. 1 The danger of the precedent, that a judgement in one Court, The Kingdom bound by one private case: and in one case, is made binding to all the Kingdom. 2 men's goods are seized, their legal suits are stopped, and justice Interruptiod of justice. denied to those, that desire to take the benefit of the Law. 3 The great sums of money received upon these impositions, Misimployment of the sums received. intended for the guard of the Seas, claimed and defended upon no ground, but of public trust, for protection of Merchants and defence of the ports, are dispersed to other uses, and a new tax raised for the same purposes. 4 These burdens are so excessive, that trade is thereby very much The burdens excessive. hindered, the commodities of our own, groweth extremely abased, and those imported much enhanced, all which lies not upon the Merchant alone, but upon the generality of the subject, and by this means the stock of the Kingdom is much diminished, our exportation being less profitable, and our importation more chargeable. And if the wars and troubles in the neighbour parts had not brought almost the whole stream of Trade into this Kingdom, we should have found many more prejudicial effects of these impositions, long before this time, than yet we have done; especially they To the American plantations especial. have been insupportable to the poor plantations, whither many of his Majesty's subjects have been transported, in divers parts of the Continent, and Istands of America, being a design tending to the honout of the Kingdom, and the enlargement of his Majesty's dominions: The adventurers in this noble work, have for the most part, no other support but Tobacco, upon which, such a heavy rate is set, that the King receives twice as much, as the true value of the commodity to the owner. 5 Whereas these great burdens have caused divers Merchants Impositions upon trade intercoursory. to apply themselves to a way of trassique abroad by transporting goods from one Country to another, without bringing them home into England. It hath been lately endeavoured to set an Imposition upon this trade: so as the King will have a duty out of those commodities which never came within his dominions, to the great discouragement of such active and industrious men. The next general head of Civil grievances, was enforcing men Compositions for Knighthood to compound for Knighthood, which though it may seem past, because it is divers years since it was used, yet upon the same grounds the King may renew it, as often as he pleaseth, for the composition looks backward, and the offence continuing, is subject to a new fine. The state of that businesle, he laid down thus. Heretofore when the services due by tenure, were taken in kind, The Original ground of the charge it were fit there should be some way of trial, and approbation of those, that were bound to such services. Therefore it was ordained, that such as were to do Knight's service, after they came of age, and had possession of their lands, and should be made Knights, that is, publicly declared, to be fit for that service, divers ceremonies and solemnities were in use for this purpose; and if by the parties neglect this was not done, he was punishable by Fine: there being in those times an ordinary and open way to get Knighthood, for those who were borne to it. Although the use of this hath for divers ages been discontinued, yet there have passed very few Kings, under whom there hath not been An old grievance in the kind, a general Summons, requiring those who had lands of such value as the Law prescribes, to appear at the Coronation, or some other great solemnity, and to be Knighted, and yet nothing intended but New in the manner and excess, the getting of some small fines: so as this grievance is not altogether new in the kind, though it be new in the manner, and in the excess of it, and that in divers respects. 1 First, It hath been extended beyond all intention of and colour of law, not only Inne-holders', but likewise Lease-holders', Copy-holders', Merchants and others, scarce any man free from it. Respect of 2 The Fi●es have been immoderate, far beyond the proportion, The generality. of former times. 3 The proceed have been without any example, precedent, or rule of justice: for though those that were summoned did appear, Greatness of fines. Multiplication of distresses and issues. yet distresses infinite were made out against them; and issues increased and multiplied, and no way open to discharge those issues, by plea or otherwise, but only by compounding with the commissioners at their own pleasure. 3 The third was, the great Inundation of Monopolies, whereby heavy burdens are laid, not only upon foreign, but also native Monopolies introduced by the soap patent undertaken by papists. commodities. These began in the Sope-Patent; the principal undertakers in this, were div●rs popish Recusants, men of estate and quality, such as in likelihood did not only aim at their private gain, but that by this open breach of Law, the King and his people might be more fully divided, & the ways of Parliament men more throughly obstructed. Amongst the infinite inconveniences and Full of mischief. mischiefs which this did produce, these few may be observed. 1 The impairing the goodness, and inhancing the price of most 1 the price of commodities increased and goodness abated, Restraint of trade. of the Commodities and Manufactures of the Realm, yea of those, who are of most necessary and common use, as Salt, Soap, Beer, Coals, and infinite others. 2 That under colour of Licences, Trades, and Manufactures are restrained to a few hands, and many of the Subjects deprived of their ordinary way of livelihood. 3 That upon such illegal grants, a great number of persons had been unjustly vexed by Pursuivants, Imprisonments, attendance upon Illegal imprisonments & vexations Shipmoney. the Council Table, seizure of goods, and many other ways. 4 The fourth, that great and unparallelled grievance of the Shipmoney, which though it may seem to have more warrant of Law than the rest, because there hath a judgement passed for it, yet in truth it is thereby aggravated, if it be considered, that Aggravated not supported by the judgement. Which is not grounded upon any law custom precedent or authority of law books. that judgement is founded upon the naked opinion of some judges, without any written Law, without any custom, or authority of Law broken, yea without any one precedent for it. Many express Laws, many Declarations in Parliaments, and the constant judgement and practice of all times being against it, yea in the nature of it, it will be found to be disproportionable to the case of necessity which is pretended to be the ground of it. Necessity excludes all formalities and solemnities, it is no The course unproper for a case of necessity. time then to make Levies and Taxes to build and prepare Ships, every man's person, every man's Ships are to be employed for the resisting of an invading enemy: the right on the Subjects part was so clear, and the pretences against it so weak, that he thought no man would venture his reputation or conscience in the defence of that judgement, being so contrary to the grounds of the Law, to the practice of former times, and so inconsistent Abounding in variety of mischiefs. in itself. Amongst many inconveniences and obloquys of this grievance he noted these. 1 That it extendeth to all persons, and to all times, it subjected The general extent and remediless condition, our goods to distress, and our persons to imprisonment, and the causes of it being secret and invisible, referred to his Majesty's breast alone, the Subject was left without possibility of exception, and relief. 2 That there was no rules or limits for the proportion, so that Arbitrary proportion. no man knew what estate he had, or how to order his course or expenses. 3 That it was taken out of the Subjects purse, by a writ, and Imposed by writ disposed by instructions. brought into the King's Coffers by instructions from the Lords of his most honourable privy Council. In the legal defence of it, the Writ only did appear; of the instructions, there was no notice taken, which yet in the real execution of it, were most predominant. It carries the face of service in the Writ, and of Revenue in the instructions: if this way had not been found to turn the Ship, into money, it would easily have appeared how incompatible this service is with the office of a Sheriff, in the inland Improper for the Sheriffs: Counties, and how incongruous and inconvenient for the inhabitants. The law in a body politic is of like nature, which always prepareth and disposeth proper and sit instruments and Organs, for every natural operation; if the Law had intended Vnprovided for by law. any such charge as this, there should have been certain rules, suitable means and courses, for the levying and managing of it. 5 The fift was the Enlargement of the Forests beyond the Enlargement of Forests. bounds and perambulations appointed and established by act of Parliament, twenty seven and twenty eight Edward the first, and that this is done upon the same reasons and exceptions Against express Statutes. which had been on the King's part propounded, and by the Commons answered in Parliament, not long after that establishment. It is not unknown to many in this House, that those perambulations were the fruit and effect of that famous Charter, which is called Charta de forresta, whereby many tumults, troubles, Charta de forresta, made useless. and discontents had been taken away, and composed between the King and his subjects, & it is full of danger, that by reviving those old Questions we may fall into the like diststempers. He said, that hereby no blame could fall upon that great Lord justice in Eyer cleared who is now justice of Eyre, and in whose name these things were acted, it should not be expected that he should take notice of the laws and customs of the realm, therefore he was careful The Answer lies upon the judges. to procure the assistance and direction of the judges, and if any thing were done against law, it was for them to answer, and not for him. The particular irregularities and obliquities of this business Particular obliquities. were these. 1 The surreptitious procuring a verdict for the King, without Surreptitious proceed. giving notice to the Country, whereby they might be prepared to give in evidence for their own interest and indemnity; as was done in Essex. 2 Whereas the judges in the justice seat in Essex were consulted A judgement pretended. with, about the entry of the former verdict, and delivered their opinion touching that alone, without meddling with the point of right, this opinion was after enforced in other Counties, as if it had been a judgement upon the matter, and the Council for the County discountenanced in speaking, because it was said to be already adjudged. 3 The inheritance of divers of the Subjects have been hereupon The Subject disturbed. disturbed after the quiet possession of three or four hundred years, and a way open for the disturbance of many others. 4 Great sums of money have been drawn from such as have lands Enforced to compound for great fines. within these pretended bounds, and those who have forborn to make composition, have been threatened with the execution of the forest laws. 5 The fifth, was the selling of Nuisances, or at least, some such Selling of Nuisances. things as are supposed to be Nuisances. The King as Father of the Common wealth is to take care of the public commodities, & advantages of his subjects, as Rivers, The legal trial of Nuisances omitted, Highways, Common Sewers, & such like, & is to remove whatsoever is prejudicial to them, & for the trial of those, there are legal and ordinary writs, of Ad quod damnum: but of late a new A new extrajudicial way practised, and extrajudicial way hath been taken of declaring matters to be Nuisances, and divers have thereupon been questioned, and if they would not compound they have been fined; If they do compound, that which was first prosecuted as a common Nuisance, is taken into the King's protection, and allowed to stand, & having Compositions enforced, and yielded the King Money, no further care is taken, whether it be good or bad for the common wealth. By this a very great & public trust is either broken or abused: if the matter compounded A public trust broken or abused. for be truly a Nuisance, than it is broken to the hurt of the people: if it be not a Nuisance, then is it abused to the hurt of the party, the particulars mentioned, were: 1 The Commission for buildings in & about this town, which The particulars. heretofore hath been presented by this House as a grievance in K. james his time, but now of late the execution hath been much Commission for building more frequent and prejudicial than it was before. Secondly, Commission for Depopulations, which began Depopulations. some few yearers since, and is still in hot prosecution. By both these, the subject is restrained from disposing of his The several mischiefs of both. own, some have been commanded to demolish their houses, others have been forbidden to build, other after great trouble and vexation, have been forced to redeem their peace with large sums, and they still remain by law, as liable to a new question as before, for it is agreed by all, that the King cannot licence a common Nuisance: 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 precedent for the Kings of this Realm to claim a power of licensing such things as are Nuisances indeed. The seventh, the Military charges laid upon the several Counties Military charges of the Kingdom, sometimes by warrant under his Majesty's signature, sometimes by Letters from the Council Table, & sometimes (such hath been the boldness and presumption of some men) by the order of the Lord lieutenants, or deputy Lieutenant alone. This is a growing evil still multiplying and increasing from a few particulars to many, from small sums to great: it began A growing evil. Coat and conduct money how practised by Q Eliz. first to be practised as a loan, 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 Council did often desire the deputy Lieutenants to procure so much money to be laid out in the Country as the service did require, with a promise to pay it again 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 money upon bills of exchange; at this day they follow these precedents, in the manner of the demand (for it is with a promise of a repayment) but not in the certainty and readiness of satisfaction. The first particular brought into a tax (as he thought) was the Muster masters wages, Muster Master's wages, at which many repined, but being for small sums, it began to be generally digested: yet in the last Parliament, this House was sensible of it, and to avoid the danger of the precedent that the Subjects should be forced to make any payments without consent in Parliament, they thought upon a Bill that may be a rule to the Lieutenants what to demand, and to the People what to pay. But the hopes of this Bill were dashed 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 public Magazines for powder, and other Public magazines, 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 hiring of Carts for Carriages. The eighth, the extrajudicial declarations of Judges whereby extrajudicial declarations of Judges. the subjects have been bound in matters of great importance without hearing of Counsel or Argument on their part, and are left without legal remedy, by writ of error or otherwise: he remembered the expression used by another member of the House of a teeming Parliament: this (he said) was a teeming grievance: from hence have issued most of the great grievances now in being, A teeming grievance. The Shipmoney, the pretended Nuisances already mentioned, and some others which have not yet been touched upon: Especially that concerning the proceed of Ecclesiastical Courts. The ninth, That the authority and wisdom of the Council Table, Monopolies countenanced by the Council Table. The ancient oath of counsellors. have been applied to the contriving and managing of several Monopolies, and other great grievances (he said) The insticution of the Council Table, was much for the advantage and security of the subject, to avoid surreptions and precipitate Courts in the great affairs of the Kingdom: That by Law an oath is to be taken by all those of the King's Counsel, in which amongst other things it is expressed, that they should for no cause forbear to do right, to all the King's people, and if such an oath be not now taken, he wished it might be brought into use again. It was the honour of that Table, to be as it were incorporated Their trust & dignity. with the King, His royal power and greatness 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 unknown. But that any such thing should be acted by the Council Table, which might give strength and countenance to Monopolies, as it hath not been used till now of late, so it cannot be apprehended without the just grief of the honest subject, and encouragement of those who are ill affected. He remembered that in Tersio of King. A Noble Gentleman, than a very worthy member of the Commons House, now a Great Lord and eminent Counsellor of State, Much diminished and debased. did in this place declare this opinion concerning that clause used to be inserted in Patents of Monopoly, whereby justices of Peace are commanded to assist the Pattentees, this he urged as a great dishonour to those Gentlemen which are in Commission to be so meanly employed, with much more reason, may we in jealousy of the honour of the Council Table, humbly desire that their precious By being employed in matters of such ill report. time, their great abilities designed to the public care and service of the Kingdom, may not receive such a stame, such a diminution, at to be employed 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 Council. The tenth, The High Court of Starchamber, which some think, succeed that, which in the Parliament Rolls is called, Magnum Concilium, and to which, Parliaments were wont so often to refer 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 restrain the oppression of great men, and to remove the obstructions and impediments of the Law. This which is both a Court of Council and a Court of Justice, hath been made an instrument of erecting and defending Monopolies and other grievances; to set a face of right upon these things, which are unlawful in their own nature: a face of public good, upon such as are pernicious in their use and execution. The Soape-Patent, and divers other Applied the establishing of Monopolies evidences thereof may be given, so well known, as not to require a particular relation: And as if this were not enough, this Court ha●h lately intermeddled with the Ship money, divers Sheriffs have been questioned, for not levying, and collecting such sums, as their Counties have been charged with, and if this beginning be not prevented, the Star-Chamber will become a Court of Revenue, and it shall be made crime not to collect or pay such taxes, as To the recovery of ship money. the State shall require. The Eleventh, He said, he was gone very high, yet he must The King's edicts and Proclamations. go a little higher: that great and most eminent power of the King of making Edicts and Proclamations, which are said to be Leges Temporis, with whom our Princes have used to encounter with sudden and unexpected danger, as would not endure so much delay, as assembling the great Council of the Kingdom, This which is one of the most Glorious beams of Majesty, rigorous in commanding Reverence, and subjection, to our unspeakable grief, hath been often exercised for the enjoining and maintaining For the erecting of Monopolies. sundry Monopolies, and other grants, exceeding burdensome, and prejudicial to the people. The Twelfth, Although he was come as high as he could upon The word and truth of God. on earth, yet the presumption of evil men did lead him one step higher, even as high as Heaven, as high as the Throne of God. It was now, he said, grown common, for ambitious and corrupt men of the Clergy, to abuse the truth of God, and the bond of Conscience, preaching down the Laws and liberties of the kingdom, pretending Divine authority, for an absolute power in the King, to do what he would with our persons, and goods, this hath Pretended for the absolute power of Kings. been often published in Sermons, and Printed books, and is now the high way to preferment. The last Parliament, we had a sentence for an offence of this kind, against one Mannering, than a Doctor, now a Bishop, concerning whom (he said) he would say no more but this, that when he saw him at his Bar, in the most humble dejected posture, The offence of D. Mannering. that ever he observed, he thought he would not so soon have leapt into a Bishop's Chair, but his success hath emboldened others, therefore (he said) this may well be noted as a double Now practised by others. To the great hurt and grievance of the people. grievance, that such doctrine should be allowed, that such men should be preferred, yea as a root of grievances whereby they endeavour to corrupt the King's Conscience, and as much as in them lies, to deprive the people of that Royal protection, to which his Majesty is bound by the fundamental Laws of the Kingdom, and his own personal Oath. The thirteenth: The long intermission of the Parliaments, contrary The Intermission of Parliaments to the two statutes yet in force, whereby it is appointed there should be Parliaments once a year, at the least, and most contrary to the public good of the Kingdom, for this being well remedied would produce remedies for all the rest. Having put through the several heads of grievances, he came The subject's grievances hurtful to the King. to the second main branch, propounded in the beginning. That the disorders from whence these grievances issued, were as hurtful to the King, as to the people, of which he gave divers reasons. 1 The interruption of the sweet communion which ought to B. interrupt their communion. be betwixt the King and His People, in matters of grace and supply. They have need of him by His general pardon, to be secured from projectors, and informers, to be freed from obsolete Laws, from the subtle devices of such as seek to restrain the Prerogative to their own private advantage, and the public hurt; and he hath need of them for counsel and support, in great and extraordinary occasions. This mutual intercourse would so wean the affections and interests of His Subjects, into his actions and designs, that their wealth and their persons would be his, his own estate would be managed to most advantage, and public undertake would be prosecuted at the charge and adventure of the Subject: The Victorious attempts in Queen ELIZABETH'S time upon Portugal, Spain, and the Indies, were for the greatest part, made upon the poor Subject's purses, and not upon the Queens, though the Honour and profit of the success, did most accrue to her. 2 Those often breaches and discontentments betwixt the King By domestical breaches & discontents. and the people, are very apt to diminish his reputation abroad, and disadvantage his treaties and alliances. 3 The apprehension of the favour and encouragement given to By weakening his party abroad. Popery, hath much weakened his Majesty's party beyond the Sea, and impaired that advantage which Queen Elizabeth and His Royal Father hath heretofore made, of being hea●s of the Protestant union. 4 The innovations in Religion and rigour of Ecclesiastical Courts, have forced a great many of his Majesty's Subjects to forsake By forcing his subjects to leave the kingdom. the Land, whereby not only their persons, and their posterity, but their wealth, and their industry are lost to this Kingdom, much to the demolishing of His Majesty's Customs and Subsidies. Amongst other inconveniences, this was especially to be observed, that divers Clothiers driven out of the Country, had set up the manufacture of Cloth beyond the Seas, whereby this State is like to suffer much by abatement of the price of Wools, and by want of employment for the poor, both which likewise tend to his Majesty's particular loss. 5 It puts the King upon unproper ways of supply, which being By unproper ways of supply. not warranted by Law, are much more burdensome to the subject, than advantageous to h●s Majesty. In France not long since, upon a survey of the King's Revenue, it was found that two parts in three, never came to the King's purse, but were diverted to the profit of the officers or Ministers of the Crown, and it was thought a very good service and reformation, to reduce two parts to the King, leaving still a third part to the Instruments as were employed about getting it i●. It may well be doubted, that the King may have the like or worse success in England: which appears already in some particulars. The King hath reserved upon this Monopoly of Wines, 30 thousand Pound Rend a year, the Vintner pales 40. Shillings a Tun, which comes to Ninety thousand pounds: the price upon the Subject by retail, is increased Two pence a Quart, which comes to Eight pound a Tun, and for 45000. Tun brought in yearly, amounts to 3. hundred 60. thousand pounds, which is 3. hundred and 30. thousand pounds loss to the Kingdom, above the King's Rent; other Monopolies, as that of Soap, have been very chargeable to the kingdom, and brought very little Treasure into his Majesty's Coffers. The Law provides for that revenue of the Crown; which is Natural and proper, that it may be safely collected, and brought to Account, but this illegal Revenue; being without any such provision, is left to hazard, and much uncertainty, either not to be retained, or not duly accounted of. 6 It is apt to weaken the Industry and Courage of the Subject, if By weakening the industry and courage of the subject. they be left uncertain: whether they shall reap the benefit of their own pains, and hazard those who are brought into the Condition of slaves, will easily grow to a slavish disposition, who having nothing to lose, do commonly show more boldness in disturbing, than in defending a kingdom. 7 These irregular Courses do give opportunity to ill Instruments By introducing ill Instruments into the King's service. to insinuate themselves into the King's service, for we cannot but observe, that if a man be officious in furthering their inordinate burdens of Ship money, Monopolies, and the like: it varnisheth over all other faults, and makes him fit both for Employment and preferment: So that out of their offices, they are furnished for vast expenses, purchases, Buildings; and the King loseth often more in desperate debts at their deaths, than he got by them all their lives, whether this were not lately verified in a Western man, much employed while he lived, he leaves to the Knowledge of those who w●re acquainted with his Course, and he doubted not but others might be found in the like case. Those that are affected to Popery, to profaneness, and to superstitious innovations, in matters of Religion. All kind of Spies and intelligencers have means to be countenanced and trusted if they will be but zealous in these kind of services, which how much it detracts from His Majesty, in honour, in profit and prosperity of public affairs, lies open to every man's apprehension: and from these reasons or some of them, he thought it proceeded that through the whole course of the English story it might be observed, that those Kings who had been most respectful of the Laws, had been most eminent in greatness, in Glory and success, both at home and abroad; and that oth●rs, who thought to subsist by the violation of them, did often fall into a state of weakness, poverty, and infortunity. 8 The differences and discontents betwixt his Majesty, and the By diverting the KING'S thoughts from divers great and hopeful enterprises. people at home, have in all likelihood diverted his Royal thoughts and Counsels from those great opportunities which he might have, not only to weaken the House of Austria, to restore the Palatinate, but to gain to himself a higher pitch of power and greatness, than any of his Ancestors. It is not unknown how weak, how distracted, how discontented the Spanish Colonies are in the West Indies. There are now in those parts in New England, Virginia, and the Caribe-Islands, and in the Barmudos, at least 60000 able persons of this Nation many of them well armed, and their bodies seasoned to that Climate, which with a very small charge might be set down in some advantageous parts of these pleasant, rich and fruitful Countries, and easily make his Majesty Master of all that treasure, which not only foments the war, but is the great support of Popery in all parts of Christendom. 9 Lastly, Those courses are apt to produce such distempers in the By producing many chargeable distempers. state, as may not be settled without great charge and loss, by which means more may be consumed in a few months than shall be gotten by such ways in many years. Having passed through the two first general Branches, he was now come to the third, wherein he was to set down the ways of healing The ways of remedying their grievances. and removing those grievances, which consisted of two main Branches, first in declaring the Law where it was doubtful: The second in better provision for the execution of Law, where it is clear: But (he said) because he had already spent much time, and began to find some confusion in his Memory, he would refer the particulars to another opportunity, and for the present only move that, which was general to all, and would give weight and advantage to all the particular ways of redress; that is, that we should speedily desire a Conference with the Lords, and acquaint them with the Miserable condition wherein we find the Church and State, and as we have already resolved to join in a religious seeking of God, in a day of fast and humiliation, so to entreat them to concur with us, in a Parliamentary course, of petitioning the King as there should be occasion, and in searching out the causes and remedies of these many insupportable grievances under which we lie, that so by the united wisdom and authority of both Houses, such courses may be taken, as (through God's blessing) may advance the honour and greatness of His Majesty, and restore and establish the peace and prosperity of the Kingdom. This (he said) We might undertake with comfort and hope of success: for though there be a darkness upon the Land, a thick and palpable darkness, like that of Egypt; yet as in that, the Sun had not lost his light, nor the Egyptians their sight, the interruption was only in the Medium, so with us there is still (God be thanked) light in the Su●ne, Wisdom and Justice in H●s Majesty to dispel this darkness, and in us there remains a visual faculty, whereby we are enabled to apprehend, and moved to desire light, and when we shall be blessed in the enjoying of it, we shall thereby be incited to return His Majesty such thanks, as may make it shine more clearly in the world, to His own glory, and in the hearts of his people, to their joy and contentment. FINIS. JANUARY 25. 1641. At a Conference betwixt both Houses, concerning divers Petitions presented to the House of Commons; Master PYM appointed to manage that Conference. My LORDS, I Am commanded by the Knights, Citizens, and Burgesses assembled for the Commons in Parliament, to present to your Lordship's divers Petitions, which they have received from several parts, concerning the state of the Kingdom: whereunto they are chief moved by that constant affection, which they have always expressed, of maintaining a firm union and good correspondence with your Lordships; wherein they have ever found much advantage and contentment; but never held it more important and necessary, then at this time, wherein the Wisdom and Resolution of Parliament have as many great Dangers and Difficulties to pass through, as heretofore. We are united in the public trust, which is derived from the Commonwealth, in the common Duty and Obligation whereby God doth bind us to the discharge of that trust: and the Commons desire to impart to your Lordships whatsoever information or intelligence, whatsoever encouragement or assistance, they have received from those several Countries, which they present, that so likewise we may be united in the same intentions and endeavours of improving all to the service of his Majesty, and the common good of the Kingdom. The Petitions which I am directed to communicate to your Lordships, are four: from London, Middlesex, Essex, and Hertfordshire. We have received many more, but it would take up too much time, and be too great a trouble to peruse all; & in these four you may perceive the Effect and Sense of all: First, I am to desire your Lordships to hear them read; and then I shall pursue my Instructions in propounding some Observations out of them. To the Honourable the Knights, Citizens, and Burgesses, of the House of Commons assembled in Parliament, The humble Petition and Answer of the Major, Aldermen, and the rest of the Common Council of the City of LONDON, Shows, THat the Committee of this Honourable House, upon Saturday the two and twentieth of this instant january, sent a Message to the Petitioners for the loan of one hundred thousand pounds, or so much thereof as could conveniently be forthwith raised, for levying of forces to suppress the Rebels in Ireland, To which Message something was then answered, and a further Answer in writing promised. In performance whereof they humbly present the Answer following, together with the reasons thereof, desiring that the same (being the best that for the present they are able to give) may favourably be accepted. And they shall ever pray, &c, The Answer. THe Petitioners are duly and deeply sensible of the great miseries of their Brethren in Ireland, and or the imminent danger, not only of the total loss of that Kingdom, but of the ruin of this also, if that of Ireland should (which God forbidden) be lost. And as they have hitherto showed themselves ready, even beyond their abilities, to serve the King and Parliament; so shall they ever continue to the utmost of their power, with all cheerfulness and duty. But at the present they are compelled to repeat their former Answer, That they have no power to raise any sums by way of Tax for any foreign use; and do further answer that they have no means to do it, otherwise then by the immediate personal Consent of every particular Lender, which they cannot hope to obtain in regard of these obstructions following: Which the Petitioners humbly present, together with this their further Answer, as the Reasons thereof. 1 THat immediately before the Parliament, and since, divers great Sums for the service of the King and Kingdom have been already lent by the Citizens of London, besides fifty thousand pounds for the supply of Ireland, in particular; a great part whereof some of the Lender's were compelled to borrow, and cannot to this day repay. 2 That, such part of those moneys as are already due to the Citizens from the Parliament, and should have been repaid out of the Pole-monies and Subsidies, is not yet done, because there is not any considerable Sum come in from the Country as was expected to satisfy the same. 3 That the said fifty thousand pounds lent for Ireland was hastened and speedily paid within near about two thousand pounds upon this ground then urged by the Parliament; that if it were forthwith lent, it might be of more use to preserve that Kingdom than the loan of two hundred thousand pound could be, if deferred but six Weeks; ye no considerable Forces are sent thither to this day. And we find that men will not be willing to lend any thing till they be assured that a good strength be sent thither with full Commission to relieve London Derry and other parts of that Kingdom. 4 The general withholding of very great Sums of money from the Petitioners, and many others, which moneys have been long due, not only from Chapmen and other debtors in England, but from very many in Ireland, (who own many hundred thousands of pounds to the Citizens of London) doth render divers persons of good Estates and credit hardly able to go on with Trade, or to pay their debts and maintain their charge. 5 The brotherly offer of Scotland to send ten thousand men into Ireland, nor yet so accepted as to produce any relief to that bleeding Kingdom, while yet our Brethren are daily massacred there, discourageth most men from lending any Money, were they never so able. 6 The not passing the Bill for pressing of Soldiers here, whereby such forces as are requisite might be timely sent from hence into Ireland, puts many men into fears, that there may be some design rather to lose that Kingdom, and to consume this in the losing of Ireland, than to preserve either the one or the other; for that it cannot be conceived, that the Rebels (being grown so powerful) will be suppressed by Volunteires. 7 The slow issuing of Commissions to those who being in Ireland, or going thither, are willing to enter the field against the Rebels, disables them from doing any effectual execution upon the enemy, unless in their own defence; and so all the moneys that have been, or may be sent thither, are exhausted to maintain our forces to do little or nothing worthy of them, rather than employed to chastise the Rebels, and to reduce them to obedience, by means whereof the number and power of the Rebels are greatly increased, divers Castles and Towns are by them taken, much Protestant blood is daily spilt, many thousand Families destroyed, the malignant part of papists and their adherents here are encouraged, and those Rebels so much emboldened, that they boast, they will extirpate the British Nation there, and then make England the seat of war. 8 The not disarming of papists here in England, after many Discoveries of their Treacheries, and bloody Designs upon the Parliament and Kingdom, the great decays of Fortifications, Blockhouses, and other Sea-forts, the not managing of them, nor furnishing them with Ordnance and Ammunition, the not placing all of them in such hands in whom the Parliament may confide, and the not settling this Kingdom in a posture of defence, in times of so many fears and jealousies of foreign invasions and intestine conspiracies, the not removing the present Lieutenant of the Tower, and putting such a person into that place, as may be well approved by the Parliament, notwithstanding the earnest petitions exhibited to this Honourable House for that purpose, which hath produced a forbearance to bring Bullion into the Tower in this time of scarcity of moneys; all which cannot but overthrow trading more and more, and make moneys yet more scarce in the City and Kingdom. 9 The King's Ships which ought to be a wall of Defence to this Kingdom, and a convey to the Merchants (for which Tonnage and Poundage was granted) are not fitted and employed, as the present condition of this Kingdom and Ireland requires, but some of them for the conveying away of Delinquents, who durst not abide the test of the Parliament, to the great encouragement of the rest of the malignant party here, who when their Designs and themselves be detected, know how to escape the hand of Justice through the abuse of a Royal conduct. 10 The not questioning those many thousands of unknown persons, who are sheltered in Covengarden, and there abouts, which do not employ themselves in any lawful calling, and it's very probable, lie in a readiness to adventure upon some desperive attempt, to the endangering of the welfare, peace, and safety of the Kings Majesty●, Parliament, and City. 11 The misunderstanding between the King and Parliament, the not vindicating the privileges of Parliament, the not suppressing of Protections, the not punishing of Delinquents, and the not executing of all Priests and Jesuits, legally condemned, while others contrary to privilege of Parliament have been illegally (as the Petitioners conceive) charged wi●h Treason, to the deferring of worthy Members from discharging their duties▪ and to the destroying of the very being of Parliaments, do exceedingly fill the minds of men well affected to the public, with many fears and discouragements throughout the Kingdom, and so disable them from that cheerful assistance which they would be glad to afford. 12 By means of the premises there is such decay of Trading, and such scarcity of Money (neither of which can be cured, till the former Evils be removed) as i● is likely in very short time, to cast innumerable mul●itudes of poor Artifi●ers into such a depth of poverty and extremity, as may enforce them upon some dangerous and desperate attempts, not fi● to be expressed, much less to be justified: Which they leave to the wisdom of this House speedily to consider and prevent. THese are the Evils under which the Petitioners do exceedingly labour and languish, which they humbly conceive to have sprung from the employing of ill affected persons in places of Trust and Honour in the State, and near to the sacred person of his Majesty; and that these Evils are still continued by means of the Votes of Bishops and Popish Lords in the House of Peers. And now, that the Petitioners have faithfully represented the true Reasons which do really enforce them to return this Answer, most of which have been formerly The Copy of Middlesex Petition was never printed, and therefore not inserted. offered to this Honourable House in sundry Petitions; and that they have done all that in them lies (even beyond all precedent) to serve the King, Parliament and Kingdom; They humbly crave leave to protest before God and the High Court of Parliament, that if any further miseries befall their dear Brethren in Ireland, or if any mischief shall break in upon this Kingdom, to the endangering or disturbing thereof, it ought not to be imputed to the Petitioners, but only to such as shall endeavour to hinder the effectual and speedy cure of the evils before recited, that so much disable and discourage the Petitioners from doing that which by this Honourable House is desired. To the Honourable the Knights, Citizens, and Burgesses of the House of Commons assembled in Parliament, The humble Petition of the Knights, Gentlemen, Freeholders', and other the Inhabitants of the County of Hertford, Shows, THat this Church and Kingdom being by the Prelates, those multitudes of corrupt and scandalous Ministers (their Creatures) and the Popish party, concurring with them on the one hand; and by wicked Counsellors, evil Ministers of State, and great swarms of Projectors, and others ill affected to the peace of this Realm, on the other hand, brought to a sad, and almost desperate condition, and thereby the splendour of his Majesty's Crown and Dignity dangerously weakened and eclipsed, It pleased his Majesty, having respect to the Petitions of Nobles and people in that behalf, to call this present Parliament, the only able means (under God) to reform the many pressures and grievances of the Church and Kingdom, and to remove the causes thereof. In which Parliament, to the honour of his Majesty, and comfort of his good Subjects, exemplary Justice hath been executed, Arbitrary Courts, Ship-money, Monopolies, and other illegal Impositions removed, the shedding of much blood prevented, by the late union between the two Kingdoms of England and Scotland, and further hopes given us of perfecting what remains by the happy continuance and much desired progress of this Parliament. And although that malignant party of Prelates and Papists, and their adherents (whose present stand, and the happy success of this Parliament, as the Petitioners humbly conceive, are inconsistent) have by their manifold wicked practices and designs endeavoured to hinder all thorough Reformation in Church and Commonwealth, to stifle in the birth and progress all those good Bills, and other preparations made by this Honourable Assembly for that purpose, and especially for the relief of the Kingdom of Ireland, (the ruin whereof will endanger this Kingdom also) To stop the insluence of his Majesty's Royal favour in giving life thereto, to divide between his Majesty and this Honourable Assembly, and to render you not only contemptible, but also burdensome to the people; yet the Petitioners, and as they verily believe, all well affected to his Majestly, and the peace and prosperity of this Kingdom, have, and still shall continue an high and honourable esteem of this worthy Assembly, and of your great and unwearied endeavours, and do with the utmost expressions of their thankfulness acknowledge the same, and the progress and perfecting thereof, to be of great consequence, and deep necessity to the peace and welfare of this Church and Kingdom, and such as without which not only a reflux of the former calamities, but even utter ruin and desolation, like that, being too long continued in sad and much lamented Ireland, will apparently ensue. From the sense whereof, and of the great and unheard of breaches lately made upon ●he privileges of Parliament, even to the endangering of the being thereof, wherein your Petitioners and their post itie are much concerned; The Petitioners take upon them the humble boldness ●o declare their readiness and great engagements according to their Protestation, to stand to, and defend to the utmost peril of their lives and Estates, the King's Majesty and high Court of Parliament, withal the power and privileges of the same, and all your Honourable proceed for the common good, against all Popish and other malignant opposers, who endeavour, either by evil Counsel, secret Plots, or open force, to hurt or prejudice the same, or to make divisions between his Majesty and the Parliament. And the said Petitioners humbly pray, that the Papists may be fully disarmed, the Laws against them executed, the Kingdom, and especially this County, according to their late Petition in that behalf, put into a posture of war for their defence; the Forts and strength of this Kingdom put into safe hands, which the Parliament may conside and trust in; the privileges of Parliament repaired and throughly vindicated, and that this Honourable Assembly (as hath been lately desired of you by the Citizens of London) will be a means unto his Majesty and House of Peers, that life may be speedily given to your good endeavours by their concurrence with you in taking away of the Votes of Popish Lords and Bishops out of the House of Peers, the speedy and strong relief of Ireland, the further punishment of Delinquents, the removal of the pressures and grievances in Church and Commonwealth, and reforming of what is therein amiss. For all which your Petitioners shall daily pray, etc. To the Honourable the Knights, Citizens, and Burgesses of the House of Commons in the High Court of Parliament. The humble Petition of the Knights, Gentlemen, Ministers, and other Inhabitants of the County of ESSEX. SHOWETHS, TO this Honourable House, that we are truly sensible of your great care and extraordinary endeavours to settle our Religion and peace, and daily bless God Almighty, and the King's Majesty, the Peers, and this honourable Assembly, for the same. And we do further in all humility represent to your honourable consideration, that, not withstanding your abundant care and industry, we do still apprehend a great stop of reformation in matters of Religion, and ourselves, together with you, and the whole Kingdom, to be in great danger from the Papists, and other ill affected persons, who are every where very insolent, and ready to act the parts of those savage bloodsuckers in Ireland, if they be not speedily prevented; by means whereof our trade, especially of clothing & farming, grow apace to so great a damp, as many thousands are like to come to sudden want: Nor can we expect any redress thereof, unless the Bishops and Popish Lords be removed out of the House of Peers. Therefore we humbly pray, that you would earnestly mediate with his Majesty and the House of Peers, that our Brethren in Ireland may be speedily relieved; The Papists throughout this Kingdom may be disarmed, and the Kingdom be put into such a warlike posture, for defence, as may be for its safety; And that the Bishops and Popish Lords, who (as we conceive) have hindered the success of your godly endeavours, may be excluded the House of Peers; Not doubting, but that than our Petitions formerly presented to this House will receive the more full and speedy answer. And your Petitioners resolving in all just and honourable ways (according to our late Protestation) to assist you in your Rights and Privileges, with our estates and lives against the enemies of God, the King and State, humbly pray, etc. The Petitions being read by four several Members of the House, M. Pim reassumed his Discourse. MY LORDS, IN these four Petitions you may hear the voice, or rather the cry of all England, and you cannot wonder if the urgency, the extremity of the condition wherein we are, do produce some earnestness and vehemency of expression more than ordinary; the agony, terror, and perplexity in which the Kingdom labours, is universal, all parts are affected with it; and therefore in these, you may observe the groans and miserable complaints of all. Divers reasons may be given why those diseases which are Epidemical, are more dangerous than others: The Cause of such diseases is universal and supernal, not from an evil constitution, or evil diet, or any other accident: and such causes work with more vigour and efficacy, than those which are particular and inferior. 2. In such diseases there is a communicative quality, whereby the Malignity of them is multiplied and enforced. 3. They have a converting, transforming power that turns other diseases and evil affections of men's bodies into their own nature. The common and Epidemical disease wherein this Commonwealth lies now gasping, hath a superior and universal cause from the evil Counsels and Designs of those, who under his Majesty bear the greatest sway in Government. 2. It hath a contagious and infectious quality, whereby it is diffused and dispersed through all parts of the Kingdom. 3. It is apt to take in the discontents, evil affections, and designs of particular persons to increase and sortifie itself. I shall take occasion from several Branches of those Petitions which your Lordships have heard, to observe. 1. The variety of Dangers to which this Kingdom is now subject. 2. The manifold distempers which is the cause of those dangers. 3. The Multiplicity of those evil Influences which are the Causes of that distemper. The first danger is from enemies abroad; this may 〈◊〉 〈◊〉 causeless and impertinent observation at this tim● seeing 〈…〉 The variety of Dangers. peace with all Nations about us: But (my L●rds) you may b● pleased to consider that the safety of the Kingdom ought no● to depend upon the will and disposition of our Neighbours, but upon our own strength and Provision; Betwixt States there are often sudden changes, from peace to war, according to occasion and advantage. All the States of Christendom are now Armed, and we have no reason to believe, but that those of greatest Power have an evil Eye upon us in respect of our Religion: And if their private Differences should be composed, how dangerously, how speedily might those great Armies and other Preparations now ready, be applied to some Enterprise and Attempt against us? and if there were no other Cause, this were sufficient to make us stand upon our Guard; but there are divers more especial symptoms of dangers of this kind. We may perceive by several Advertisements from abroad, that they did foresee our dangers many Months before they broke out; they could foretell the Time and Manner of them, which is a clear Evidence, they held Intelligence with those which were the Contrivers and workers of the present troubles. We have many dangerous Traitors and Fugitives now in other parts, who can discover the weakness and distemper of the Kingdom; who hold Intelligence with the illaffected party here, and by all cunning and subtle practices endeavour to incite and provoke other Prince's againstus. Some of the Ministers of our neighbour Princes may be justly suspected to have had a more immediate hand & operation in the Insurrection and Rebellion of Ireland, many of the Commanders and most of the Soldiers levied for the service of Spain are now joined with the Rebels there: and those Irish Friars which were employed by the Spanish Ambassador for the making of those Levies, are known to have been chief Incendiaries to this Rebellion, and are still very active in the prosecution and encouragement of it. The Rebels have a ready and speedy supply from some of our Neighbours. Two Convoys of Munition and Arms we are certainly informed of: one from Dunkirk; the other from Nantes in Britain: and certainly those that are so forward to enable others to hurt us, will not forbear to hurt us themselves, assoon as they shall have means und opportunity to do it. Another danger is from the Papists and illaffected Parties at home. The Papists here are acted by the same Principles with those in Ireland; many of the most active of them have lately been there; which argues an intercourse & communication of Counsels. They have still store of Arms and Munition at their disposing, notwithstanding all our endeavours to disarm them, they have a free resort to the City and to the Court, they want no opportunities to consult together; they have the same or greater encouragements from above, and from about them, than ever, in respect of the example and success of the Rebels in Ireland, and the great confusions and divisions which by their cunning and subtle practices are raised and fomented amongst ourselves 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 get, & will in a very short time be brought to great extremity, if not employed; 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 distress, if it be not prevented. And at this time such Tumults will be dangerous, because the Kingdom is full of disbanded Soldiers 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 increase as the effects do increase. 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 increase in Arms 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 war. The distemper which hath produced these dangers is various and 2 The distemper procuring the former dangers. exceeding violent Whensoever nature is hindered 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 than those that press upon the tender consciences of men; and that there was never Church or State afflicted with more grievances of this kind, than we have been. And though they are by the wisdom of this Parliament partly cased and diminished, yet many still remain: and as long as the Bishops and the corrupt part of the Clergy continue in their Power, there will be little hope of freedom either from the sense of those which continue, or the fear 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 Bills have passed us, and others are in preparation, which had been passed before this, if we had not found such ill success in the other. Whatsoever mischief this obstruction shall produce, we are free from it: we may have our part of the Misery, 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 & increaseth 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 Commonwealth: but I must protest the House of Commons hath given no Cause to this obstruction; we have cased Trade of many Burdens, and heavy Taxes which are taken off; we have freed it from many hard restraints by Patents and Monopolies; we have been willing to part with our own Privileges, 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 we are no way guilty of the Troubles, the fears, and public 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 Relief of Ireland. It must needs be accounted a great shame and dishonour to this Kingdom, that our Neighbours have showed themselves more forward to supply the Rebels, than we have been 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 news of the Rebellion came over, we undertook the War, not by way of Supply and Aid, as in former Rebellions the Subjects have used to do, but we undertook the whole charge of it, and we suffered not four and twenty hours to pass, before we agreed to a great Levy of Money and Men, to be employed against the Rebels, even in a larger proportion than the Lord Justices and Council 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 levying Men, for issuing Arms, and divers other Impediments, have been the Causes of that obstruction; and I wish we had not only found Impediments to ourselves, but also Encouragements to them. Many of the chief Commanders, now in the Head of the Rebels, after we had with your Lordship's Concurrence stopped the Ports against all Irish Papists, have been suffered to pass by his Majesty's immediate Warrant, much to the discouragement of the Lord justices and the Council there; and, this procured, as we believe, by some evil Instruments, too near his Regal Person, without his Majesty's knowledge and intention. 4. The obstruction in prosecution of Delinquents: many we have already brought up to your Lordships, divers others we have been discouraged to transmit; such difficult proceed have we met withal; such terrors and discountenance have been cast upon ourselves and our witnesses; and those who have showed themselves, their friends, and Patrons, have found it the most ready way to preferment; yea, his Majesties own hand hath been obtained, his Majesty's Ships employed for the transporting of divers of those who have fled from the Justice of the Parliament. 5. A general obstruction & interruption of the proceed of Parliament, by those manifold designs of violence (which through God's mercy we have escaped;) by the great and frequent breaches of Privilege; by the subtle endeavours 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 enabled to resist a foreign Enemy, to suppress all Civil Insurrections: and what a pressing necessity there is of this, the exceeding great decays 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 than to your Lordships, and what endeavour we have used to remove them (but hitherto without that success and concurrence which we expected:) and where the stop hath been, and upon what good grounds we may claim our own innocency and faithfulness in this, we desire no other Witnesses but yourselves. Lastly, I come to the evil Influences which have caused this distemper, and I shall content myself to mention some few of those which are most Apparent and Important. 1. In the first place, I shall remember the evil Counsels about 3 The Influences that have caused so great Distemper. the King, whereof we have often complained. Diseases of the Brain are most dangerous, because from thence Sense and Motion are derived to the whole Body. The malignity of evil Counsels will quickly be infused into all parts of the State. None can doubt but we have exceedingly laboured under most dangerous and mischievous Counsels. This evil Influence hath been the cause of the preparation of War with Scotland, of the procuring a Rebellion in Ireland, of corrupting Religion, suppressing the Liberty of this Kingdom, and of many fearful and horrid Attempts, to the subverting the very being of Parliament, which was the only hopeful Means of opposing and preventing all the rest: And this doth appear to be a most predominant evil of the Time; whereat we need not wonder, when we consider how Counselors have been preferred and prepared. And I appeal to your Lordships own Consciences, whether the giving, and the countenancing of evil Council, hath not been almost the only way to favour and advancement. 2. The discouragement of good Council: divers honest and approved Counselors have been put from their places: others so discountenanced, as that the way of favour hath been 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 Lordship's House; and the taking in of others both out of the House of Commons, and otherwise, to increase 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 been withheld from them: their inclination and resolution to serve and assist him hath been very much hindered and interrupted: We have often suffered under the misinterpretation of good actions, & false imputation of evil, which we never intended. So that we may justly purge ourselves from all guilt of being Authors of this jealousy and misunderstanding: We have been, and are still ready to serve his Majesty with our lives and fortunes, with as much cheerfulness and earnestness of affection, as ever any Subjects were; and we doubt not but our proceed will so manifest this, that we shall be as clear 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 Kingdom; but if they should fail of it, it should not discourage them in doing their duty. And whether the Kingdom be lost or saved (as through God's 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 Kingdom alone, and that the House of Peers should have no part in the honour of the preservation of it, you having so great an Interest in the good success 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 Commonwealth require, what the Commons have reason to expect, to what endeavours and counsels the concurrent desires of all the people do invite you: so that applying yourselves 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 employed 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. Elsing, Cler. Parl. D. Com.