Laws will not restraine them oaths will not the Pope can dispence with both these and where there is occasion his command wil act them to the disturbance of the Realme against their owne private disposition yea against their own reason and judgment to obey him to whom they have especially the Jesuiticall party absolutely and intirely obliged themselves not only in spirituall matters but in temporall as they are in order ad Spiritualia H. the 3d. and H. the 4th of France were no Protestants themselves yet were murthered because they tolerated the Protestants by which and many other presidents it appeares that the King that the Kingdome can have no security but in their weaknesse and disabilitie to doe hurt Admission into places of power 2 A 2d. incouragement is their admission into places of power and trust in the Common-wealth whereby they get many dependants and adherents not only of their own but even of such as make profession to be protestants Free resort to London the court 3 A third their freedome of resorting to London and the Court whereby they have opportunity not only of Communicating their Counsels and designes one to another but of diving into his Majesties Counsels by the frequent accesse of those who are active men amongst them to the tables and company of great men and under subtile pretences and disguises they want not meanes of cherishing their owne projects and of indeavouring to mould and biasse the publike affaires to the great advantage of that partie 4 A 4th that as they have a Congregation of Cardinals at Rome to consider of the aptest wayes and means of establishing the Popes authority and Religion in England so they have a Nuncio here to act and dispose that party to the execution of those Counsels and by the assistance of such cunning and Jesuiticall spirits as swarm in this towne to order and mannage all actions and events to the furtherance of that maine end Innovations in matters of Religion 2 The second grievance in Religion was from those manifold innovations lately introduced into severall parts of the Kingdome all inclining to Popery and disposing and sitting men to entertaine it the particulars are these Maintenance of popish tenets 1 Divers of the chiefest points of Religion in difference betwixt us and the Papists have bin publikely defended in licensed Books in Sermons in Vniversity acts and disputations Practice of popish ceremonies 2 Diverse Popish Ceremonies have bin not only practised but countenanced yea little lesse than injoyned as Altars Images Crucifixes bowings and other gestures and observances which put upon our Churches a shape and face of popery He compared this to the dry bones in Ezekiel first they came together then the sinewes and the fleâ—h came upon them after this the skin covered them and then breath and life was put into them so he said after these men had moulded us into an outward forme and visage of popery they would more boldly endeavour to breath into us the spirit life of popery Preferment of men popishly inclined Discouragment of true professors Inlargment of differences among our selves 3 The third grievance was the countenancing and preferring those men who were most forward in setting up such Innovations the particulâ—rs were so well knowne that they needed not to be named Discouragment of true professors 4 The fourth was the discouragement of those who were known to be most conscionable and faithfull professors of the truth some of the wayes of effecting this he observed to be these Inlargment of differences among our selves 1 The courses taken to inforce and inlarge those unhappy differences for matters of small moment which have bin amongst our selves and to raise up new occasions of further division wherby many have bin induced to forsake the land not seeing the end of those voluntary and humane Injunctions in things appertaining to Gods worship whereas those who are indeed lovers of Religion and of the Churches of God would seeke to make up those breaches and to unite us more entirely against the common enemy Over rigid prosceution of the scrupulous for things indifferent 2 The over rigid prosecution of those who are scrupulous in using some things enjoyned which are held by those who enjoyn them to be in themselves indifferent It hath bin ever the desire of this House exprest in many Parliaments in Q. Elizabeths time and since that such might be tenderly used It was one of our petitions delivered at Oxford to his Majestie that now is but what little moderation it hath produced is not unknowne to us all any other vice almost Vnjust punishments for matters not by law may be better indured in a Minister than Inconformitie 3 The unjust punishments and vexations of sundry persons for matters required without any warrant of Law as Reading the Booke For not reading the book concerning recreation on the Lords day The Table set Altar-wise For not removing the Communion Table to bee set Altarwise at the East end of the Chancell Comming to the railes For not comming up to the Railes to receive the Sacrament Preaching upon the Loâ—ds day For preaching the Lords day in the afternoone Varying from the catechisme For Catechising in any other words and manner than in the precise words of the short catechisme in the Common Prayer booke Abuse of Ecclesiasticall jurisdiction The fifth and last grievance concerning Religion was the incroachment and abuse of Ecclesiasticall jurisdiction the particulars mentioned are these In fining imprisoning 1 Fining and imprisoning in cases not allowed by Law Claiming jurisdiction to be Iure Divino 2 Their challenging their jurisdiction to be appropriate to their order which they alledge to be jure Divino Articles of the Visitations 3 The contriving and publishing of new articles upon which they inforce the Churchwardens to take oathes and to make inquiries and presentments as if such articles had the force of Canons and this he said was an effect of great presumption and boldnesse not only in the Bishops but in their Archdeacons Officials and Chancellors taking upon themselves a kind of Synodall authority and the Injunctions of this kinde might well partake in name with that part of the common Law which is called the Extravagants Grievances concerning the liberty of persons and estates Having dispatcht these severall points hee proceeded to the third part of grievances being such as are against the common justice of the Realm in the liberties of our persons and proprietie of our estates of which he said he had many to propound In doing whereof he would rather observe the order of time wherein they were acted than of consequence but when hee should come to the cure hee should then perswade the House to begin with those who were of most importance as being now in execution and very much pressing and exhausting the Common-Wealth Tonnage
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
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
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