have beene questioned for not levying and collecting such sums as their Coâ—nties have beene 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 hee must The Kings ediccts and Proclamations goe a little higher that great and most eminent power of the King of making Edicts and Proclamations which are said to bee Leges Temporis with whom our Princes have used to encounter with sudden and unexpected danger as would not indure so much delay as assembling the great Councell of the Kingdome This which is one of the most Glorious beames of Majestie rigorous in commanding Reverence and subjection to our unspeakeable For the erecting of Monopolies griefe hath been often exercised for the enjoyning and maintaining sundry Monopolies and other grants exceeding burdensome and prejudiciall to the people The Twelfth Although hee was come as high as he could upon The word and truth of God earth yet the presumption of evill men did leade him one step higher even as high as Heaven as high as the Throne of God It was now hee said growne common for ambitious and corrupt men of the Clergie to abuse the truth of God and the bond of Conscience preaching downe the Lawes and liberties of the kingdome pretending Divine authority for an absolute power in the King to doe 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 kinde against one Mannering then a Doctor now a Bishop concerning whom hee said hee would say no more but this that when he saw him at his Barre in the most humble dejected posture The offence of D. Mannering that ever hee observed hee thought hee would not so soone have leapt into a Bishops Chaire but his successe hath emboldened others therefore hee said this may well bee noted as a double Now practised by others To the great hurt and grievance of the people grâ—evance that such doctrine should bee allowed that such men should be preferred yea as a roote of grievances whereby they indeavour to corrupt the Kings Conscience and as much as in them lyes to deprive the people of that Royall protection to which his Majestie is bound by the fundamentall Lawes of the Kingdom and his own personall 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 bee Parliaments once a yeare at the least and most contrary to the publike good of the Kingdome for this being well remedied would produce remedies for all the rest Having put through the severall heads of grievances hee came The subjects grievances hurtfull to the King to the second maine branch propounded in the beginning That the disorders from whence these grievances issued were as hurtfull to the King as to the people of which hee gave diverse reasons 1 The interruption of the sweet communion which ought to B. interrupt their communion bee betwixt the King and His People in matters of grace and supply They have need of him by His generall pardon to bee secured from projectors and informers to bee freed from obsolete Lawes from the subtle devices of such as seeke to restraine the Prerogative to their own private advantage and the publike hurt and he hath need of them for counsell and support in great and extraordinary occasions This mutuall entercourse would so weane the affections and interests of His Subjects into his actions and designes that their wealth and their persons would bee his his owne estate would bee managed to most advantage and publike undertakings would bee prosecuted at the charge and adventure of the Subject The Victorious attempts in Queene ELIZABETHS time upon Portugall Spaine and the Indies were for the greatest part made upon the poore Subjects purses and not upon the Queenes though the Honour and profit of the successe did most accrew 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 incouragement given to By weakning his partie abroad Popery hath much weakned his Majesties party beyond the Sea and impared that advantage which Queen Elizabeth and His Royall Father hath heretofore made of being heaâ—s of the Protestant union 4 The innovations in Religion and rigour of Ecclesiasticall By forcing his subjects to leave the kingdome Courts have forced a great many of his Majesties Subjects to forsake the Land whereby not only their persons and their posterity but their wealth and their industry are lost to this Kingdome much to the demolishing of His Majesties Customes and Subsidies Amongst other inconveniences this was especially to bee observed that diverse Clothiers driven out of the Countrey had set up the manufacture of Cloth beyond the Seas whereby this State is like to suffer much by abatement of the price of Woolls and by want of imployment for the poore both which likewise tend to his Majesties particular losse 5 It puts the King upon unproper wayes of supply which being By unproper wayes of supply not warranted by Law are much more burdensome to the subject than advantagious to hâ—s Majesty In France not long since upon a survey of the Kings Revenue it was found that two parts in three never came to the Kings purse but were diverted to the profit of the officers or Ministers of the Crowne 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 imployed about getting it in It may well be doubted that the King may have the like or worse successe in England which appeares already in some particulars The King hath reserved upon this Monopoly of Wines 30 thousand Pound Rent a yeere the Vintner paies 40. Shillings a Tun which comes to Ninty thousand pounds the price upon the Subject by retaile is increased Two pence a Quart which comes to Eight pound a Tunne and for 45000. Tunne brought in yeerely amounts to 3. hundred 60. thousand pounds which is 3. hundred and 30. thousand pounds losse to the Kingdome above the Kings Rent other Monopolies as that of Soape have been very chargeable to the kingdome and brought very little Treasure into his Majesties Coffers The Law provides for that revenue of the Crowne which is Naturall and proper that it may be safely collected and brought to Account but this illegall Revenue being without any
but to establish it 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 Merchandize and now Tonnage and Poundage old and new impositions are all taken by Prerogative without any grant in Parliament or Divers mischiefes from these grievances The Kingdom bound by one private case authority of law as we conceive from whence divers inconveniences and mischiefes are produced 1 The danger of the president that a judgement in one Court and in one case is made binding to all the Kingdome 2 Mens goods are seized their legall suits are stopped and justice Interruptiod of Iustice denied to those that desire to take the benefit of the Law 3 The great summes of money received upon these impositioins Mâ—simployment of the summes received intended for the guard of the Seas claimed and defended upon no ground but of publike trust for protection of Merchants and defence of the ports are dispersed to other uses and a new taxe 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 owne groweth extreamly abased and those imported much inhaunsed all which lies not upon the Merchant alone but upon the generality of the subject and by this meanes the stocke of the Kingdom is much diminisht our exportation being lesse profitable and our importation more chargeable And if the warres and troubles in the neighbour parts had not brought almost the whole streame of Trade into this Kingdom we should have found many more prejudicial effects of those impositions long before this time than yet we have done especially they To the American plantations especiall have been insupportable to the poore plantations whither many of his Majesties subjects have been transported in divers parts of the Continent and Islands of America being a designe tending to the honour of the Kingdome and the inlargement of his Majesties dominions The adventurers in this noble worke 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 commoditie to the owner 5 Whereas these great burdens have caused divers Merchants Impositions upon trade intercoursory to apply themselves to a way of traffique 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 generall head of Civil grievances was inforcing men Compositions for Knighthood to compound for Knighthood which though it may seeme 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 lookes backward and the offence continuing is subiect to a new fine The state of that businesse he layed downe thus Heretofore when the services due by tenure were taken in kind The Originall ground of the charg it were fit there should be some way of tryall and approbation of those that were bound to such services Therefore it was ordained that such as were to do Knights service after they came of age and had possession of their lands and should be made Knights that is publikely 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 these who were borne to it Although the use of this hath for divers ages been discontinued yet there have past very few Kings under whom there hath not bin An old grievance in the kind a general Summons requiring those who had lands of such value as the Law prescribes to appeare at the Coronation or some other great solemnity and to be Knighted and yet nothing intended but New in the manner and excesse 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 excesse 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 â—iâ—es have beene immoderate far beyond the proportion The generality of former times 3 The proceedings have been without any example president or rule of justice for though those that were summoned did appeare Greatnesse 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 burthens are laid not only upon forraigne but also native Monopolies introduced by the sope patent undertaken by papists commodities These began in the Sope-Patent the principall undertakers in this were divâ—rs popish Recusants men of estate and quality such as in likelyhood did not only aime at their private gaine but that by this open breach of Law the King and his people might be more fully divided the wayes of Parliament men more throughly obstructed Amongst the infinite inconveniences and Full of mischeife mischiefes which this did produce these few may be observed 1 The impairing the goodnesse and inhancing the price of most 1 the price of commodities increast and goodnesse abated Restraint of trade of the Commodities and Manufactures of the Realme yea of those who are of most necessary and common use as Salt Sope Beere Coles 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 livelyhood 3 That upon such illegal grants a great number of persons had bin unjustly vexed by Pursevants Imprisonments attendance upon Illegall imprisonments vexations the Councell Table seisure of goods and many other wayes Shipmony 4 The fourth that great and unparalleld grievance of the Shipmoney which though it may seeme to have more warrant of Law than the rest because there hath a judgement past for it yet in truth it is thereby aggravated if it be considered that Aggravated not supported by the Iudgement Which is not grounded upon any law custom president or authority of law bookes that judgement is founded upon the naked opinion of some judges without any written Law without any custome or authority of Law broken
poundage impositions He began with the Tonnage and poundage and other impositions not warranted by Law and because these burdens had long lyen upon us and the principles which produced them are the same from whence diverse others are derived he thought it necessary to premise a short narrative and relation of the grounds and proceedâ—ngs of the power of imposing herein practised It was he said a fundamentall Not to be taken but by consent in Parliament truth essentiall to the constitution and government oâ— this kingdome an hereditary liberty and priviledge of all the free borne subjects of the Land that no tax tallage or othâ—r charge might be laid upon us without common consent in Parliament this was acknowledged by the Conqueror Acknowledged by the Conqueror ratified in that contract which hee made with this Nation upon his admittance to the Kingdome declared and confirmed in the Lawes which he published Sometimes broken by other Kings but never denyed This hath never bin denyed to any of our Kings though broken and interrupted by some of them especially by K. Iohn and Hen. 3. then againe confirmed by Mag. Chart. and other succeeding lawes yet not so well setled but that it was sometime attempted by the two succeeding Edwards in whose times the subjects werâ— very sensible of all the breaches made upon the common â—ibertie and by the opportunitie of frequent Parliaments pursued them with fresh complaints and for the most part found redresse Those breaches repaired by succeeding Parliaments and procured the right of the subject to be fortfied 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 affirme the subjects liberty and disclaime that right of imposing which is now chaleÌ„ged for they did usually procure the Merchants consent to such taxes as were laid therby 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 cancell'd or confirmed as the necessity and state of the Kingdome did require But for the most part such charges upon merchandize were taken The grant by Parliament most usuall by authority of Parliament and granted for some short time in a greater or lesser proportion as was requisite for supply of the publike occasions 6 or 12 in the pound for one two or three yeers as they saw cause to be imployed for the defence of the Sea and it was acknowledged so clearly to be in the power of Parliament that they At first variously limited in respect of time and persons have sometimes bin granted to Noble men sometimes to Merchants to be disposed for that use Afterward they were granted to the King for life Afterwards Confirmed to the King for life and so continued for divers descents yet still as a gift and grant of the Commons No contrary practise between Ed. 3 and Q Mary Betwixt the time of Ed. the third and Q. Mary never Prince that he could remember offered to demand any imposition but by graÌ„t in Parliament Q. Mary laid a charge upon cloth by the equity of the Statute of Tunnage Poundage because the rate set upon wool was much more than upon cloth there being little wool carried out of the Kingdom unwrought the Q thought she had reason to lay somwhat more yet not ful so much as brought them to an equallity Pretended equity for the Custome upon cloth but that there stil continued a lesse charge upon wool wrought The grounds of the pretermitted Custome into cloth than upon wool carried out unwrought until K. Jame's times when upon Nicholsons project there was a further addition of charge but still upon pretence of the Statute which is that we call the pretermitted custome In Q. Eliz. time one or two litle impositions crept in the general Bates Case prosperity of her raign overshadowing small errours and innovations one of these was upon Currans by occasion of the Merchants 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. Iames was denied The judgement therein for the King by one Bates a Merchant and upon a suit in the Exchequer was adjudged for the King The manner of which judgement was thus There were then but three Iudges 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 forraigne and superfluous Resulting from different opinions of the Iudges 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 Iudge was of opinion he might impose upon all forraign 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 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 â—he power oâ— imposing all the imposâ—tions now in practice for after this K. Iam laid new charges upon all commodities outward and inward not limited to a certaine time and occasion but reserved to himselfe his heires and successors for ever the first imposâ—tions in fee simple that were followed with complaints and preserved by breaches of Parliaments ever heard of in this kingdome This judgement and the right of imposing thereupon assumed 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 remembred upon the The redresse desired without diminution of the Kings profit proposition on the Kings part for renewing the bill of Tonnage and Poundage but so moderate was that Parliament that they thought rather to confirme the impositions already set by a law to be made than to abolish them by a judgement in Parliament but that and divers insuing 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 alwayes been exprest to be the meaning of the House and so it was as hee said his owne meaning in the proposition now made to settle and restore the right according to law and not to diminish the Kings profit
yea without any one president for it Many expresse Laws many Declarations in Parliaments and the constant judgment and practise 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 mans person every mans Ships are to be imployed for the resisting of an invading enemy the right on the Subjects part was so cleare and the pretences against it so weake that hee thought no man would venture his reputation or conscience in the defence of that judgment being so contrary to the grounds of the Law to the practise of former times and so inconsistent Abounding in variety of mischiefes in it selfe Amongst many inconveniences and obloquies of this grievance he noted these 1 That it extendeth to all persons and to all times it subjected The general extent and remedilesse condition our goods to distresse and our persons to imprisonment and the causes of it being secret and invisible referred to his Majesties brest alone the Subject was left without possibility of exception and reliefe 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 expences 3 That it was taken out of the Subjects purse by a writ and Imposed by writ dispos'd by instructions brought into the Kings Coffers by instructions from the Lords of his most honourable privy Councell In the legall defence of it the Writ only did appeare of the instructions there was no notice taken which yet in the reall execution of it were most predominant It carryes 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 Sheriffe in the inland Improper for the Sheriffes Counties and how incongruous and inconvenient for the inhabitants The law in a body politike is of like nature which alwayes prepareth and disposeth proper and fit instruments and Vnprovided for by law Organs for every naturall operation if the Law had intended any such charge as this there should have beene certaine rules suitable meanes and courses for the levying and managing of it 5 The fift was the Inlargement of the Forrests beyond the Inlargement of Forrests bounds and perambulations appointed and stablished by act of Parliament twenty seven and twenty eight Edward the first and that this is done upon the same reasons and exceptions Against expresse Statutes which had beene on the Kings part propounded and by the Commons answered in Parliament not long after that establishment It is not unknowne 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 uselesse and discontents had beene taken away and composed between the King and his subjects it is ful of danger that by reviving those old Questions we may fal into the like diststempers He said that hereby no blame could fall upon that great Lord Iustice in Eyer clered who is now Iustice of Eyre and in whose name these things were acted it should not be expected that he should take notice of the lawes and customes of the realme therefore he was careful The Answer lies upon the Iudges to procure the assistance and direction of the Iudges 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 businesse Particular obliquities were these 1 The surreptitious procuring a verdict for the King without Surreptitious proceedings giving notice to the Countrey whereby they might be prepared to give in evidence for their owne interest and indemnity as was done in Essex 2 Whereas the Iudges in the Iusâ—ice seat in Essex were consulted A judgment pretended with about the entry of the former verdict and delivered their opinion touching that alone without medling with the point of right this opinion was after inforced in other Counties as if it had beene a judgement upon the matter and the Councell for the Countie 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 foure hundred yeares and a way open for the disturbance of many others 4 Great sums of mony have bin drawn from such as have lands Inforced to compound for great fines within these pretended bounds and those who have forborne to make composition have beene threatned with the execution of the forrest lawes 5 The fifth was the selling of Nusances or at least some such Selling of Nusances things as are supposed to be Nusances The King as Father of the Common wealth is to take care of The legall tryal of Nusances omitted the publik commodities advantages of his subjects as Rivers Highways Common Sewers such like is to remove whatsoever is prejudiciall to them for the tryall of those there are legall and ordinary writs of Ad quod damnum but of late a new A new extrajudiciall way practised and extrajudiciall way hath been taken of declaring matters to be Nusances 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 Nusance is taken into the Kings protection and allowed to stand having Compostions in forced and yeelded the King Mony no further care is taken whether it bee good or bad for the common wealth By this a very great publike trust is either broken or abused if the matter compounded A publike trust broken or abused for be truly a Nusance then it is broken to the hurt of the people if it bee not a Nusance 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 bin presented by this House as a grievance in K. Iames his time but now of late the execution hath beene much Commission for buâ—lding more frequent and prejudiciall 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 mischiefes of both owne some have been commanded to demolish their houses others have been forbidden to build other after great trouble and vexation