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A91395 A speech delivered in Parliament, by a worthy member thereof, and a most faithfull vvell-wisher to the Church and Common-weale; concerning the grievances of the kingdome. By I.P. Esquire. Pym, John, 1584-1643. 1641 (1641) Wing P4284; Thomason E198_35; ESTC R14550 22,358 43

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from whence divers others are derived hee thought it necessary to premise a short narrative and relation of the grounds and proceedings of the power of imposing Not to be taken but by consent in parliament herein practised It was hee said a fundamental truth essential to the constitution and government of this Kingdom an hereditarie liberty and priviledge of al the free born subjects of the land that no tax tallage or other charge might be laid upon us without common Acknowledged by the Conquerour consent in Parliament this was acknowledged by the Conquerour ratified in that contract which he made with this Nation upon his admittance to the Kingdome declared and confirmed in the lawes which he published This hath never beene denyed to any of our Kings Sometimes broken by other Kings but never denyed though broken and interrupted by some of them especially by King 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 Those breaches repaired by succeeding Parliaments the subjects were very sensible of all the breaches made upon the common libertie and by the opportunitie of frequent Parliaments pursued them with fresh complaints and for the most part found redresse and procured the right of the subject to bee 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 breake the law did really affirme the subjects libertie and disclaim that right of imposing which is now challenged for they did usually procure the Merchants 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 cancell'd or confirmed as the necessity and state of the Kingdom did require But for the most part such charges upon merchandize The grant by parliament most usuall were taken by authoritie of Parliament and granted for some short time in a greater or lesser proportion as was requisite for supply of the publike occasions six or twelve in the pound for one two or three yeares as they saw cause to bee imployed for the defence of the Sea and it was acknowledged so clearely 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 beene granted to Noble men sometimes to Merchants to bee 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 Queene No contrary practice betweene Edw. 3 and Q. Mary Maay never Prince that he could remember offered to demand any imposition but by grant in Parliament Queene Mary laid a charge upon cloth by the equitie of the Statute of Tunnage and Poundage because the rate set upon wooll was much more than upon cloth and there being little wooll carried out Pretended equitie for the Custome 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 equalitie but that still there continued a lesse charge upon wooll wrought into cloth than upon wooll carried out unwrought untill King The grounds of the pretermitted Custome Iames's time 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 Queene Elizabeths time one or two little impositions crept in the generall prosperitie of her raigne Bates Case overshadowing small errours and innovations one of these was upon Currants by occasion of the Merchants complaints that the Venetians had laid a charg upon the English cloth that so we might bee even with them and force them the sooner to take it off this being demanded by King Iames was denyed by one Bates a Merchant and upon a suite in the Exchequer was adjudged for the King The judgment therein 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 forraign and Resulting from different opinions of the Iudges superfluous as Currants were but not upon such as were native and to bee transported or necessarie and to bee imported for the use of the kingdome 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 custodie of the Ports and the guard of the Seas and that hee might open and shut up the parts as he pleased hee 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 Iames 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 impositions in fee simple that were ever heard of in this followed with complaints and preserved by breaches of Parliaments Kingdome 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. Iacobi 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 Majestie It necessarily came to be remembred The redresse desired without diminution of the K. profit upon the 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 beene unhappilie broken before that endeavour could bee accomplished only at the last meeting a Remonstrance was made concerning the libertie of the Subject in this point and it hath alwayes beene exprest to bee 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 but to establish it by a free grant in Parliament Since the breach of the last Parliament his Majestie hath by a new book of Rates very much increased New burdens since
the King cannot licence a common Nusance 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 bee made a president for the Kings of this Realme to claime a power of licencing such things as are Nusances indeed The seventh The Militarie charges laid upon Militarie charges the severall Counties of the Kingdome sometimes by warrant under his Majesties signature sometime by Letters from the Councell Table and sometimes such hath been the boldnesse and presumption of some men by the order of the Lord Leivtenants or Deputie Lievtenant alone This is a growing evill still multiplying and A growing evill increasing from a few particulars to many from small summes to great it began first to be practised as a loane 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 Queene Elizabeths time when the Lords of the Councell did often desire the deputie Lievtenants to procure so much money to be laid out in the Countrey as the service did require with a promise to pay it againe 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 Iames's and the payments so certaine as it was little otherwise than taking up money upon bils of Exchange at this day they follow these presidents in the manner of the demand for it is with a promise of a repayment but not in the certaintie and readinesse of satisfaction The first particular brought into a tax as Muster masters wages he thought was the Muster Masters wages at which many repined but being for small summs it began to bee generally digested yet in the last Parliament this House was sensible of it and to avoid the danger of the president that the subjects should be forced to make any payments without consent in Parliament they thought upon a Bill that may bee a rule to the Lievtenants what to demand and to the people what to pay But the hopes of this Bill were dasht in the dissolution of that Parliament Now of late divers other particulars are growing into practice which make the grievance much more heavie 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 publike Magazines for powder and other Munition Spades and Publike Magazins Pickaxes 3 The Salarie of Divers officers besides the Muster-Master Salary of officers 4 The buying of Carthorses and Carts and hiring of Carts for Cariages Cart-horses and Carts The eighth The extrajudiciall declarations of Iudges whereby the subjects have beene Extrajudiciall declarations of Iudges bound in matters of great importance without heareing of Councell or Argument on their part and are left without legall remedie by writ of errour or otherwise he remembred 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 Nusances already mentioned and some others which have not yet been toucht upon Especially that concerning the proceedings of Ecclesiasticall Courts The ninth That the authoritie and wisedome Monopolies countenanced by the Councell Table of the Councell Table have beene applyed to the contriving and managing of severall Monopolies and other great grievances he said The institution of the Councell Table was much for the advantage and securitie of the subject to avoid surreptions and precipitate Courts in the The ancient oath of councellours great affaires of the Kingdome That by law an oath is to be taken by all those of the Kings Counsell in which amongst other things it is exprest that they should for no cause forbeare to doe right to all the Kings people and if such an oath be not now taken he wisht it might be brought into use againe It was the honour of that Table to bee as it Their trust dignity were incorporated with the King his royall power and greatnesse did shine most conspicuously in their actions and in their Councels Wee 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 Councell Table which might give strength and countenance to Monopolies as it hath not beene used till now of late so it cannot be apprehended without the just griefe of the honest subject and incouragement of those who are ill affected He remembred that in Tertio of King a Noble Gentleman then a very worthy member of the Commons House now a great Lord Much diminished and debased and eminent Councellour of State did in this place declare this opinion concerning that clause used to bee inserted in Pattents of Monopolie whereby Iustices of peace are commanded to assist the Pattentees this hee urged as a great dishonour to those Gentlemen which are in commission to bee so meanely imployed with much more reason may wee in jealousie of the By being imployed in matters of such ill report honour of the Councell Table humbly desire that their precious time their great abilities designed to the publike care and service of the Kingdome may not receive such a staine such a diminution as to be imployed 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 Councell which some thinke succeed that which in the Parliament Rolles is called Magnum Concilium and to which Parliaments were wont so often to referre 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 restraine the oppression of great men and to remove the obstructions and impediments of the law This which is both a Court of Councell and a Court of Iustice hath beene made an instrument of erecting and defending Monopolies and other grievances to set a face of right Applyed the establishing of Monopolies upon those things which are unlawfull in their owne nature a face of publike good upon such as are pernicious in their use and execution The Soape-patent and divers other evidences thereof may be given so well knowne as not to require a particular relation And as if this were not enough this Court hath lately intermedled with the Ship money divers Sheriffes have beene questioned for not levying and collecting such summes as their Counties have To the recovery of Ship-money beene charged with and if this beginning