A SPEECH DELIVERED IN PARLIAMENT, BY A worthy MEMBER thereof, AND A most faithful Wellwisher to the CHURCH and COMMONWEAL; Concerning the grievances of the Kingdom. By I. P. Esquire. LONDON, Printed for 〈…〉 A SPEECH DELIVERED In PARLIAMENT, BY A worthy Member thereof, and a most faithful wellwisher to the CHURCH and COMMONWEAL. NEver Parliament had greater businesses to dispatch, nor more difficulties to The precedent consideration of grievances will further the supply 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 best 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 Great works are first to be considered in the model. propounded, 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 A double method compounded of grievances and cures. affairs both of the Church and State, which did so earnestly require the wisdom 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 Common wealth 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 Public grievances disadvantageous to the King. said) he doubted not but to make it appear, that is discovering the present 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 main branches of his The first general division. 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 hurtful to the King as to the people. In the third, he would advise such 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 Sharp matters to be mitigated in the expression. expressions as might mitigate the sharpness and bitterness of those things whereof he was to speak, so fare as his duty and faithfulness would allow. It is a great Prerogative to the King, and a great honour The King can do no wrong. attributed to him, in a Maxim of our Law, that he can do no wrong, he is the fountain of justice: 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 conveyed into the sublunary creatures, by the influence of Heaven: but the malignity and distemper, the cause of so many Fpidemicall diseases, do proceed from the noisome 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. These matters whereof we complain, have been presented to his Majesty, either under the pretence of Royal prerogatives, Hurtful projects presented to the King under plausible notions. 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, A promise of moderation. were of a various 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, Submission to reformation. or his tongue should slip into any particular mistake, he would 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; Religion. thereby we are freed from spiritual evils: and no impositions are so grievous, as those that are laid upon the soul. The next great liberty is justice, justice. whereby we are preserved from injuries 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 Privilege of Parliament. in the power and privilege of Parliaments, this is the fountain of law, the great Council of the Kingdom, the highest Court: this is enabled by the Legislative and Consiliarie 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 inferior to The order propounded in handling these 3 great liberties. the end; but if you consider them in the order of necessity, and use, this may justly claim the 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. First 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 The necessity and importance of the privilege of Parliament. for the ornament 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 Consiliarie 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 restrained minds. It is a good Rule of the Moral Philosopher, Et non laedas 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 Particular breaches of Privilege. wherein the Privilege of Parliament had been broken. First, in restraining the members of the House 1 Restraint of speech. from speaking. Secondly, in forbidding the Speaker to put any 2 Interdict of questions. 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 Imprisonment of Members. the House for matters done in Parliament. Fourthly, by indictments, informations, and judgements judicial proceed. inordinarie and inferior Courts, for speeches and proceed in Parliaments. Fifthly, the disgraceful order of the King's Order to be bound to the good behaviour. 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 Abrupt dissolutions of Parliament. Parliaments, contrary 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 heaviedoome, 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, and faithfulness to our Prince, as might take off the false suggestions and 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 own honour, and the public good of his Kingdom. Thus he concluded the first sort of grievances, Grievances concerning religion. being such as were against the privilege of Parliament, and passed on to the next, concerning Religion: all which he conveyed under these four heads. 1 The first, was the great encouragement given Encouragement of popery. to popery, of which he produced these particular evidences. 1 A suspension of all Laws against Papists, Suspension of Laws. 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 of 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 fare 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 There can be no security from papists. discreet men amongst 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 the nature of the but In their disability. 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. Law's 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, Henry the third, and Henry the fourth 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 second encouragement is, their admission into Admission into places of power. places of power and trust in the Common wealth, whereby they get many dependants and adherents, not only of their own, but even of such as make profession to be protestants. 3 A third, their freedom of resorting to London, Free resort to London and the Court. and 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 fourth, 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 Innovations in matters of Religion. those manifold innovations lately introduced into several parts of the Kingdom, all inclining to popery, and disposing and fitting men to entertain it: the particulars are these. 1 Divers of the chiefest points of Religion in Maintenance of popish tenets. difference betwixt 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, Practise of popish ceremonies. but 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 and life of popery. 3 The third grievance, was the countenancing Preferment of men popishly inclined. and preferring those 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 Discouragement of true professors. 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 Enlargement of the differences among ourselves. 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 Overrigid prosecution of the scrupulous for things indifferent. scrupulous in using some things enjoined, which are held by those who enjoin them, to be in themselves indifferent. It hath been ever the dersie of this House, expressed in many Parliaments in Queen Elizabeth's time and since, that such might be tenderly 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 may be better endured in a Minister than inconformity. 3 The unjust punishments, and vexations of sundry punishments for matters not by law. persons for matters required, without any warrant of Law: as For not reading the book concerning recreation Reading the book. on the Lord's day. For not removing the Communion Table to be The Table set Altarwise. set Altarwise at the East end of the Chancel. For not coming up to the Rails to receive the Coming to the Rails. Sacrament. For preaching the Lords day in the afternoon. For catechising in any other words and manner Preaching upon the Lord's day. Varying from the chatechism than in the precise words of the short chatechisme in the Common prayer book. The fifth and last grievance concerning Religion, Abuse of Ecclesiastical jurisdiction. was the encroachment and abuse of Ecclesiastical jurisdiction: the particulars mentioned are these. 1 Fining and imprisoning in cases not allowed In fining and imprisoning. by law. 2 Their challenging their jurisdiction to be appropriate Claiming jurisdiction to be Jure Divino. to their order, which they allege to be jure Divino. 3 The contriving and publishing of new articles, Articles of the visitations. 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 Grievances concerning the liberty of persons and estates. to the third kind of grievances, being such as are against the common justice of the Realm, in the liberty 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 Common wealth. He began with the Tonnage and Poundage, and Tonnage and Poundage impositions. other 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 premise a short narrative, and relation of the grounds and proceed of the power of imposing Not to be taken but by consent in parliament. herein practised. It was (he said) a fundamental truth essential to the constitution and government of this Kingdom, an hereditary liberty and privilege of all the free born subjects of the land, that no tax, tallage, or other charge might be laid upon us, without common Acknowledged by the Conqueror. consent in Parliament, this was acknowledged by the Conqueror, ratified in that contract which he made 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, Sometimes broken by other Kings, but never denied. though broken and interrupted by some of them, especially by King 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 Those breaches repaired by succeeding Parliaments. 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 Some mixture of evidence for the subject in these very breaches. whereby they did break the law, did really affirm the subjects liberty, and disclaim that right of imposing, which is now challenged, 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, The grant by parliament most usual. were taken 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, six or twelve 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 Parliament, 〈◊〉 they At first variously limited, in respect of time and persons. Afterwards, Confirmed to the King for life. 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 Edward the third, and Queen No contrary practice between Edw. 3 and Q. Mary. Maay, never Prince (that he could remember) offered to demand any imposition, but by grant in Parliament: Queen Mary laid a charge upon cloth, by the equity of the Statute of Tonnage and Poundage, because the rate set upon wool was much more than upon cloth: and there being little wool carried out Pretended equity for the Custom upon cloth. of the Kingdom unwrought, the Q. thought she had reason, to lay somewhat more, yet not f●ll so much, as brought them to an equality, but that still there continued a less charge upon wool wrought into cloth, than upon wool carried out unwrought; until King The grounds of the pretermitted Custom. James' time, 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 Queen Elizabeth's time, one or two little impositions crept in, the general prosperity of her reign Bates Case. overshadowing small errors and innovations: one of these was upon Currants; 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 King james, was denied by one Bats a Merchant, and upon a suit in the Exchequer, was adjudged for the King. The judgement therein 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 Resulting from different opinions of the judges. superfluous, as Currant 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 superfluous or no, 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 parts as he pleased, he had a prerogative to impose upon all Merchandise, both exported and imported. This single, distracted and divided judgement, is The only foundation of the power of imposing, the foundation of all the impositions now in practice: for after this, King james 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 ever heard of in this followed with complaints, and preserved by breaches of Parliaments. Kingdom. This judgement, and the right of imposing thereupon assumed was questioned 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 King, 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, The redress desired without diminution of the K. profit. upon the 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 it by a free grant in Parliament. Since the breach of the last Parliament his Majesty hath by a new book of Rates very much increased New burdens since the last Parliaments. the burden upon Merchandise, and now Tonnage & Poundage, old and new impositions are all taken by Divers mischiefs from these grievances. 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 The Kingdom bound by one private case. one Court, and in one case, is made binding to all the Kingdom. 2 men's goods are seized, their legal suits are stopped, Interruption of justice. and justice denied to those, that desire to take the benefit of the Law. 3 The great sums of money received upon these Misimployment of the sums received. impositions, 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 The burdens excessive. thereby very much 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, To the American plantations especially. than yet we have done; especially they have been insupportable to the poor plantations, whither many of his Majesty's subjects have been transported, in divers parts of the Continent; and Islands of America, being a design tending to the honour 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 Impositions upon trade intercoursorie. Merchants to apply themselves to a way of traffic abroad by transporting goods from one Country to another, without bringing them home in to 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 come within his dominions, to the great discouragement of such active and industrious men. The next general head of Civil grievances, was enforcing men to compound for Knighthood, which Compositions for Knighthood. 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 business, he laid down thus: Heretofore when the services due by tenure, were The Original ground of the charge. taken in kind, 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 Knights services, 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 An old grievance in the kind, but New in the manner and excess, in Respect of The generality Greatness of fines. discontinued, yet there have passed very few Kings, under whom there hath not been 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 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 Inneholders, but likewise Lease-holders', Copy-holders', Merchants and others, scarce any man free from it. 2 The Fines have been Immoderate, far beyond thproportion of former times. 3 The proportion have been without any example, precedent, or rule of justice: for though those that were summoned did appear, yet distresses infinite were made out against them, and issues increased Multiplication of distresses & issues. 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 Monopolies introduced by the Soap patent undertaken by papists. upon foreign, but also Native commodities. These began in the Sope-Patent, the principal undertakers in this, were divers 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, and the ways of Parliament men more throughly obstructed. Amongst the infinite inconveniences and mischiefs Full of mischief. which this did produce, these few may be observed. 1 The impairing the goodness, and enhancing the price of most of the Commodities and Manufactures 1 The price of commodities increased and goodness abated. 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 Restraint of trade. of the Subjects deprived of their ordinary way of livelihood. 3 That upon such illegal grantsses, a great number of persons had been unjustly vexed by Illegal imprisonments and vexations. Pursuivants, Imprisonments, attendance upon the Council Table, seizure of goods, and many other ways. 4 The fourth, that great and unparallelled Shipmoney. 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 Aggravated, not supported by the judgement. considered, that that judgement is founded upon the naked opinion of some judges, without any written law, without any custom, or authority of Law books, yea without any one Which is not grounded upon any law, custom precedent or authority of law books. 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, The course unproper for a case of necessity. it is no 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 in itself. amongst many inconveniences and obliquities of Abounding in variety of Mischiefs. this grievance he noted these. 1 That it extendeth to all persons, and to all The General extent and remediless condition. times, it subjected 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 Arbitrary proportion. proportion, so that 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, Imposed by writ disposed by instructions. by a writ, and 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 Counties, and how incongruous Improper for the Sheriffs. and inconvenient for the inhabitants. The law in a body politic is like nature, which always prepareth and disposeth proper and fit instruments and Organs, for every natural operation. Vnprovided for by law. if the Law had intended any such charge as this, there should have been certain rules, suitable means and courses, for the leviing and managing of it. 5 The fift was the Enlargement of the Forests Enlargement of Forests. beyond the 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 Against express Statutes. and exceptions 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, Charta de forresta made useless. troubles, and discontents had been taken away, and composed between the King and his subjects, and it is full of danger, that by reviving those old Questions we may fall into the like distempers. He said, that hereby no blame could fall upon justice in Eyer cleared. that great Lord, who is now justice in Eyre, and in whose name these things were acted, it could not be expected that he should take notice of the laws and customs of the realm, therefore he The Answer lies upon the judges. was careful 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 Particular obliquities. this business were these. 1 The surreptitious procuring a verdict for the Surreptitious proceed. King, without 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 A judgement pretended. Essex were consulted 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 The Subject disturbed. have been hereupon 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 Enforced to compound for great fines. from such as have lands 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 Selling of Nuisances. at least, some such things as are supposed to be Nuisances. The King as Father of the Common wealth The legal trial of Nuisances omitted. is to take care of the public Commodities, and advantages of his subjects, as Rivers, Highways, Common Sewers, and such like, and is to remove whatsoever is prejudicial to them, and for the trial of those, there are legal and ordinary writs, of Ad quod damnum: but of late A new extrajudicial way practised. a new 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 Compositions enforced, and as a common Nuisance, is taken into the King's protection, and allowed to stand, and having yielded the King Money, no further care is taken, whether it be good or bad for the common A public trust broken or abused. wealth. By this a very great and public trust is either broken or abused: if the matter compounded 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. the particulars mentioned, were: 1 The Commission for buildings in and about Commission for building. this Town, which heretofore hath been presented by this House as a grievance in K. james his time, but now of late the execution hath been much more frequent and prejudicial than it was before. Secondly, Commission for Depopulations, which began some few years since, and is still Depopulations in hot prosecution. By both these, the subject is restrained from The several mischiefs of both. disposing of his 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 Military charges. the several Counties of the Kingdom, sometimes by warrant under his Majesty's signature, sometime by Letters from the Council Table, and sometimes (such hath been the boldness and presumption of some men) by the order of the Lord Leivtenants, or Deputy Lieutenant alone. This is a growing evil still multiplying and A growing evil. increasing from a few particulars to many, from small sums to great: it began first to be practised as a loan, for supply of coat and conduct Coat and conduct money how practised by Q. Eliz. money, and for this it hath some countenance, from the use in Queen Elizabeth's 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 King 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 Muster masters wages. he thought) was the 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 Pressing. them which are rich or unwilling to serve to find others in their place. 2 The provision of public Magazines for powder, and other Munition, Spades and Public Magazines. Pickaxes. 3 The Salary of Divers officers besides the Muster-Master. Salary of officers. 4 The buying of Carthorses and Carts, and hiring of Carts for Carriages. Cart-horses and Carts. The eighth, The extrajudicial declarations of judges, whereby the subjects have been extrajudicial declarations of judges. bound in matters of great importance without hearing of Council 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, The Ship-money, A teeming grievance. 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 Monopolies countenanced by the Council Table. of the Council Table, have been applied to the contriving and managing of several Monopolies, and other great grievances (he said) The institution of the Council Table, was much for the advantage and security of the subject, to avoid surreptions and precipitate Courts in the The ancient oath of counsellors. 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 Their trust & dignity. were incorporated 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 heretofore 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 Tertio of King. a Noble Gentleman, than a very worthy member of the Commons House, now a great Lord Much diminished and debased. and eminent Counsellor of State, 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 By being employed in matters of such ill report. honour of the Council Table, humbly desire that their precious time, their great abilities designed, to the public care and service of the Kingdom, may not receive such a stain, such a diminution, as 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. The tenth, The high Court of Starchamber, Star-chamber a great Council. 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, in Henry A court erected against oppression. 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 Applied the establishing of Monopolies. upon those 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 evidences thereof may be given, so well known, as not to require a particular relation: And as if this were not enough, this Court hath lately intermeddled with the Ship money, divers Sheriffs have been questioned, for not levying and collecting such sums, as their Counties have To the recovery of Ship-money. 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 the State shall require. The eleventh, He said, he was gone very The King's edicts and Proclamations. high, yet he must 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 which 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, most rigorous in commanding reverence, and subjection, For the erecting of Monopolies. to our unspeakable grief, hath been often exercised for the enjoining and maintaining sundry Monopolies, and other grants, exceeding burdensome, and prejudicial to the people The twelfth. Although he was come as high The word and truth of God. as he could upon 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 Pretended for the absolute power of Kings. 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 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, The offence of D. Mannaring. 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, 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 grievance, that such doctrine should be allowed, Now practised by others. that such men should be preferred, yea as a root of grievances whereby they endeavour to corrupt the King's conscience, and as much To the great hurt and grievance of the people. 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 Intermission of Parliaments. Parliaments, contrary 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 The subject's grievances hurtful to the King. grievances, he came 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 Bb interrupt▪ their communion. which ought to 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 council 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 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 By domestical breaches and discontents. betwixt the King 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 By weakening his party abroad. given to Popery, hath much weakened his Majesty's party beyond the Sea, and impaired that advantage which Queen Elizabeth and his Royal Father have heretofore made, of being heads of the Protestant union. 4 The innovations in Religion and rigour of By forcing his subjects to leave the Kingdom. Ecclesiastical Courts, have forced a great many of his Majesty's subjects to forsake the land, whereby not only their persons, and their posterity, but their wealth, and their industrey 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 By unproper ways of supply. of supply, which being not warranted by law, are much more burdensome to the subject, than advantageous to his 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 in. 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, Thirty thousand Pound Rend a year, the Vintner pays Forty 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 Forty five thousand Tun brought in yearly, amounts to Three hundred sixty thousand pounds, which is Three hundred and Thirty 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 they be left uncertain: By weakening the industry and courage of the subject. 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, to insinuate themselves By introducing ill Instruments into the King's service. 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 were 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 others, 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 By diverting the King's thoughts from divers great and hopeful enterprises. his Majesty, and the 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 Sixty thousand 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. By producing many chargeable distempers▪ 9 Lastly, Those courses are apt to produce such distempers in the 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 The ways of remedying their grievances. Branches, he was now come to the third, wherein he was to set down the ways of healing 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 Sun, Wisdom and Justice in his 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.