some have been commanded to demolish their houses others have been forbidden to build other after great trouble and vexation have been forced to redeeme their peace with large summes and they still remaine by law as lyable to a new question as before for it is agreed by all that 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 be made a president for the Kings of this Realme to claime a power of licencing such things as are Nusances indeed The seventh the Military charges laid upon the severall Counties Military charges of the Kingdom sometimes by warrant under his Majesties signature sometimes by Letters from the Councel Table sometimes such hath been the boldnes and presumption of some men by the order of the Lord Lievtenants or deputy Leivtenant alone This is a growing evill still multiplying and increasing from a few particulars to many from small summes to great it began A growing evill Coat and conduct money how practised by Q Eliz. first to be practised as a loane for supply of coat and conduct money for this it hath some countenance from the use in Q Eliz. time when the Lords of the Councell did often desire the deputy Lievtenants to procure so much mony to be laid out in the Country 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 K James and the payments so certain as it was little otherwise than taking up mony 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 certainty and readines of satisfaction The first particular brought into a tax as he thought was the Muster masters wages Muster Masters wages at which many repined but being for small summes it began to be generally digested yet in the last Parliament this House was sensible of it and to avoyd the danger of the president that the Subjects should bee forced to make any payments without consent in Parliament they thought upon a Bill that may bee a rule to the Lieutenants 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 heavy those mentioned were these 1 Pressing men against their will and forcing them which Pressing are rich or unwilling to serve to find others in their place 2 The provision of publike Magazins for powder and other Publike magazins Munition Spades and Pickaxes 3 The Salary of Divers officers besides the Muster-Master Salary of officers Cart-horses and Carts 4 The buying of Cart-horses and Carts and hyring of Carts for Cariages The eighth the extrajudiciall declarations of Judges whereby Extrajudiciall declarations of Judges the subjects have beene bound in matters of great importance without hearing of Counsell 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 hee said was a teeming grievance from hence have issued most of the great grievances now in being A teeming grievance The Shipmoney the pretended Nusances already mentioned and some others which have not yet beene toucht upon Especially that concerning the proceedings of Ecclesiasticall Courts The ninth That the authority and wisdom of the Councell Table Monopolies countenanced by the Councell Table The ancient oath of coūcellours have bin applyed to the contriving and managing of severall Monopolies and other great grievances he said The insticution of the Councell Table was much for the advantage and security of the subject to avoyd surreptions and precipitate Courts in the 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 were incorporated Their trust dignity with the King His royall power and greatnesse did shine most conspicuously in their actions and in their Counsels We have heard of Projectors and Resurees here to fore and what opinion and relish they have found in this House is not unknowne But that any such thing should bee 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 Tersio of King A Noble Gentleman then a very worthy member of the Commons House now a Great Lord and eminent Councellour of State Much diminished and debased did in this place declare this opinion concerning that clause used to bee inserted in Pattents of Monopoly whereby Iustices of Peace are commanded to assist the Pattentees this he urged as a great dishonour to those Gentlemen which are in Commission to bee so meanely imployed with much more reason may we in jealousie of the honour of the Councell Table humbly desire that their precious By being imployed in matters of such ill report time their great abilities designed to the publike care and service of the Kingdome may not receive such a stame such a diminution at 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 Star chamber a great Councell The tenth The High Court of Starchamber which some think 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 A court erected against oppression in Henry 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 Justice hath beene made an instrument of erecting and defending Monopolies and other grievances to set a face of right upon these 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 diverse other Applyed the establishing of Monopolies evidences thereof may be given so well knowne as not to require a
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 other impositions Tonnage Poundage 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 promise 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 other charge might be laid upon us without common consent in Parliament this was acknowledged by the Conqueror ratified in that contract which hee made Acknowledged by the Conqueror Sometimes broken by other Kings but never denyed Those breaches repaired by succeeding Parliaments with this Nation upon his admittance to the Kingdome declared and confirmed in the Lawes which he published 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 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 be fortified by new Statutes He observed that those Kings even in the Acts whereby they did Some mixture of evidence for the subject in these very breaches break the Law did really affirme the subjects liberty and disclaime that right of imposing which is nowchaleÌ„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 arliament that they At first variously limited in respect of time and persons Afterwards Confirmed to the King for life No contrary practise between Ed. 3 and Q Mary 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 and so continued for divers descents yet still as a gift and grant of the Commons Betwixt the time of Ed. the third and Q. 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 Pretended equity for the Custome upon cloth 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 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 by one Bates a Merchant and upon a suit in the Exchequer was The judgement therein for the King adjudged for the King The manner of which judgement was thus There were then but three Indges 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 supersluous 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 supersluous orno but not upon native The third that for as much as the King had the custody of the Ports and the guard of the Seas and that he might open and shut up the ports as he pleased he had a prerogative to impose upon all Merchandise both exported and imported This single distracted divided judgement is the foundation of The only foundation of the power of imposing all the impositions now in practice for after this K. 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 impositions 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 aslumed was a question in septimo duodecimo of that King and was the cause of the breach of both those Parliaments In 18. and 21. Jacobi it was declined by this House that they might preserve the favour of the K. for the dispatch of some other great businesses upon which they were more especially attentive In 1. of his Majesty It necessarily came to be 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
Lords and Bishops out of the House of Peers the speedy and strong reliefe of Ireland the further punishment of Delinquents the removall of the pressures and grievances in Church and Common-wealth and reforming of what is therein amisse For all which your Petitioners shall daily pray c. To the Honorable the Knights Citizens and Burgesses of the House of Commons in the High Court of Parliament The humble Petition of the Knights Gentlemen Ministers and other Inhabitants of the County of ESSEX SHEWETH TO this Honorable House that we are truly sensible of your great care and extraordinary endeavours to settle our Religion and peace and daily blesse God Almighty and the Kings Majesty the Peeres and this honorable Assembly for the same And we doe further in all humility represent to your honorable consideration that not withstanding your aboundant care and industry we doe still apprehend a great stop of reformation in matters of Religion and our selves together with you and the whole Kingdome to be in great danger from the Papists and other ill affected persons who are every where very insolent and ready to act the parts of those savage blood-suckers in Ireland if they be not speedily prevented by means whereof our tradings especially of clothing farming grow apace to so great a damp as many thousands are like to come to sudden want Nor can we expect any redresse thereof unlesse the Bishops and Popish Lords be removed out of the House of Peeres Therefore wee humbly pray that you would earnestly mediate with his Majesty and the House of Peeres that our Brethren in Ireland may be speedily relieved The Papists throughout this Kingdome may be disarmed and the Kingdome be put into such a warlike posture for defence as may be for it's safety And that the Bishops and Popish Lords who as we conceive have hindered the successe of your godly endeavours may be excluded the House of Peeres Not doubting but that then our Petitions formerly presented to this House will receive the more full and speedy answer And your Petitioners resolving in all just and honorable wayes according to our late Protestation to assist you in your Rights and Priviledges with our estates and lives against the enemies of God the King and State humbly pray c. The Petitions being read by foure severall Members of the House M. Pim reassumed his Discourse MY LORDS IN these foure Petitions you may heare the voice or rather the cry of all England and you cannot wonder if the urgencie the extremity of the condition wherein we are doe produce some earnestnesse and vehemencie of expression more then ordinary the agony terror and perplexity in which the Kingdome labours is universall all parts are affected with it and therefore in these you may observe the groanes and miserable complaints of all Divers reasons may be given why those diseases which are Epidemicall are more dangerous then others The Cause of such diseases is universall and supernall not from an evill constitution or evill diet or any other accident and such causes work with more vigour and efficacie then those which are particular and inferiour 2. In such diseases there is a communicative quality whereby the Malignity of them is multiplied and enforced 3. They have a converting transforming power that turnes other diseases and evill affections of mens bodies into their own nature The common and Epidemicall disease wherein this Common-wealth lies now gasping hath a superiour and universall cause from the evill Counsels and Designes of those who under his Majestie beare the greatest sway in Government 2. It hath a contagious and infectious quality whereby it is diffused and dispersed through all parts of the Kingdom 3. It is apt to take in the discontents evill affections and designes of particular persons to encrease and sortifie it selfe I shall take occasion from severall Branches of those Petitions which your Lordships have heard to observe 1. The variety of Dangers to which this Kingdome is now subject 2. The manifold distempers which is the cause of those dangers 3. The Multiplicity of those evill Influences which are the Causes of that distemper The first danger is from enemies abroad this may 〈◊〉 〈◊〉 causelesse and impertinent observation at this timâ— seeing 〈…〉 The variety of Dangers peace with all Nations about us But my Lâ—rds you may bâ— pleased to consider that the safety of the Kâ—â—â—dom ought noâ— to dâ—pâ—nd upon the will and disposition of our Neighbours but upon our owne strength and Provision Betwixt States there are often sudden changes from peace to warre according to occasion and advantage All the States of Christendome are now Arm'd and we have no reason to beleeve but that those of greatest Power have an evill Eye upon us in respect of our Religion And if their private Differences should be composed how dangerously how speedily might those great Armies and other Preparations now ready be applied to some Enterprise and Attempt against us and if there were no other Cause this were sufficient to make us stand upon our Guard but there are divers more especiall symptomes of dangers of this kind We may perceive by severall Advertisements from abroad that they did fore-see our dangers many Moneths before they broke out they could fore-tell the Time and Manner of them which is a cleare Evidence they held Intelligence with those which were the Contrivers and workers of the present troubles We have many dangerous Traytors and Fugitives now in other parts who can discover the weaknesse and distemper of the Kingdom who hold Intelligence with the ill-affected party here and by all cunning and subtill practises endeavour to incite and provoke other Princes againstus Some of the Ministers of our neighbour Princes may be justly suspected to have had a more immediate hand operation in the Insurrection and Rebellion of Ireland many of the Commanders and most of the Souldiers levied for the service of Spain are now joyned with the Rebels there and those Irish Friars which were imployed by the Spanish Ambassador for the making of those Levies are known to have bin chief Incendiaries to this Rebellion and are still very active in the prosecution and encouragement of it The Rebels have a ready and speedy supply from some of our Neighbours Two Convoyes of Munition and Armes wee are certainly informed of one from Dunkirk the other from Nantes in Britany and certainly those that are so forward to enable others to hurt us will not forbeare to hurt us themselves assoone as they shall have means und opportunity to do it Another danger is from the Papists and ill-affected Parties at home The Papists here are acted by the same Principles with those in Ireland many of the most active of them have lately beene there which argues an intercourse communication of Counsels They have still store of Armes and Munition at their disposing notwithstanding all our endeavours to disarm them they have a free resort to the Citie
and to the Court they want no opportunities to consult together they have the same or greater incouragements from above and from about them then ever in respect of the example and successe of the Rebels in Ireland and the great confusions and divisions which by their cunning and subtill practises are raised and fomented amongst our selves at home 3. A third danger is of Tumults and Insurrections of the meaner sort of people by reason of their ill vent of Cloth and other Manufactures whereby great multitudes are set on work who live for the most part by their daily gettings will in a very short time be brought to great extremity if not imployed nothing is more sharp and pressing then necessity and want what they cannot buy they will take and from them the like necessity will quickly be derived to the Farmours and Husbandmen and so grow higher involve all in an equality of misery and distresse if it be not prevented And at this time such Tumults will be dangerous because the Kingdom is full of disbanded Souldiers and Officers which will be ready to head and to animate the Multitude to commit violence with more strength and advantage and if they once grow into a Body it will be much more difficult to reduce them into order again because necessity and want which are the Causes of this disturbance will still encrease as the effects doe encrease 4. A fourth danger is from the Rebels in Ireland not only in respect of that Kingdom but in respect of this They have seized upon the Body of that Kingdom already they abound in men of very able bodies they encrease in Armes and Munition they have great hopes of supplies from abroad of encouragement here and are sure of good entertainment from the Popish party so that they begin to speak already of the transporting themselves hither and making this Kingdom the seat of the warre The distemper which hath produced these dangers is various and 2 The distemper procuring the former dangers exceeding violent Whensoever nature is hindred in her proper operations and faculties distempers will necessarily follow The obstructions which have brought us into this distemper are very many so that we cannot wonder at the strength and malignity of it Some of the chiefest of these obstructions I shall endeavour to remember 1. The obstruction of Reformation in matters of Religion No grievances are sharper then those that presse upon the tender consciences of men and that there was never Church or State afflicted with more grievances of this kind then we have bin And though they are by the wisedom of this Parliament partly cased and diminished yet many still remaine and as long as the Bishops and the corrupt part of the Clergie continue in their Power there will be little hope of freedome either from the sence of those which continue or the feare of those which are removed And of this obstruction my Lords I must clear the Commons we are in no part guilty of it some good Bils have past us and others are in preparation which had bin past before this if wee had not found such ill successe in the other Whatsoever mischiefe this obstruction shall produce we are free from it wee may have our part of the Miserie we can have no part in the guilt or dishonour 2. An obstruction in Trade It is the Trade that brings food and nourishment to the Kingdom It is that which preserves encreaseth the stock of the whole and distributes a convenient Portion of maintenance to every part of it therefore such an obstruction as this must be dangerous the Freedom of Trades being so necessary the benefit so important as that it gives life strength and beauty to the whole Body of the Common-wealth but I must protest the House of Commons hath given no Cause to this obstruction wee have cas'd Trade of many Burdens and heavy Taxes which are taken off we have freed it from many hard restraints by Pattents and Monopolies we have bin willing to part with our own Priviledges to give it encouragement We have sought to put the Merchants into security and confidence in respect of the Tower of London that so they might be invited to bring in their Bullion to the Mint as heretofore they have done and wee are no way guilty of the Troubles the feares and publique dangers which make men withdraw their Stocks and to keep their money by them to be ready for such sudden Exigents as in these great distractions we have too much Cause to expect 3. The obstruction in the Reliefe of Ireland It must needs be accompted a great shame and dishonour to this Kingdom that our Neighbours have shewed themselves more forward to supply the Rebels then we have bin to relieve our distressed brethren and follow-Subjects But I must declare that we are altogether innocent of any neglect herein As soon as the first newes of the Rebellion came over we undertook the War not by way of Supply and Ayd as in former Rebellions the Subjects have used to doe but we undertook the whole charge of it and we suffered not foure and twenty houres to passe before we agreed to a great Leavy of Money and Men to be imployed against the Rebells even in a larger proportion then the Lord Justices and Councell there did desire and from time to time we have done all for the furtherance thereof though in the midst of many distractions and diversions but the want of Commissions for leavying Men for issuing Armes and divers other Impediments have bin the Causes of that obstruction and I wish we had not only found Impediments to our selves but also Incouragements to them Many of the chiefe Commanders now in the Head of the Rebels after we had with your Lordships Concurrence stopt the Ports against all Irish Papists have beene suffered to passe by his Majesties immediate Warrant much to the discouragement of the Lord justices and the Councell there and this procured as we beleeve by some evill Instruments too neere his Regall Person without his Majesties knowledge and intention 4. The obstruction in prosecution of Delinquents many wee have already brought up to your Lordships divers others we have bin discouraged to transmit such difficult proceedings have we met withall such terrors and discountenance have beene cast upon our selves and our witnesses and those who have shewed themselves their friends and Patrons have found it the most ready way to preferment yea his Majesties own hand hath bin obtained his Majesties Ships imployed for the transporting of divers of those who have fled from the Justice of the Parliament 5. A generall obstruction interruption of the proceedings of Parliament by those manifold designes of violence which through Gods mercy we have escaped by the great and frequent breaches of Priviledge by the subtill endevours to raise parties in our House and jealousies betwixt the two Houses 6. The obstruction in providing for the Defence of