propounded in handling these three great liberties first place in our care because the end cannot be obtained without the means if we do not preserve this we cannot long hope to enjoy either of the other Therefore he said being to speak of those grievances which lye upon the kingdome he would observe this order 1. To mention those which were against the priviledge of Parliaments 2. Those which were prejudiciall to the Religion established in the Kingdome 3. Those which did interrupt the justice of the Realme in the liberty of our persons and propriety of our estates The priviledges of Parliament were not given for the ornament The necessitie importance of the priviledge of Parliament or advantage of those who are the members of Parliament they have a reall use and efficacy towards that which is the end of Parliaments we are free from suits that we may the more intirely addict our selves to the publike services we have therfore liberty of speech that our Counsels may not bee corrupted with feare or our judgements perverted with selfe respects those three great faculties and functions of Parliament the Legislative Judiciary and Consiliary power can not be well exercised without such priviledges as these The wisdome of our Lawes the faithfulnesse of our Counsels the righteousnesse of our judgments can hardly be kept pure and untainted if they proceed from distracted and restramed mindes It is a good Rule of the Morall Philosopher Et non laed as mentem gubernatricem omnium actionum These powers of Parliament are to the body politike as the rationall faculties of the soule to a man That which keepes all the parts of the Common-wealth in frame and temper ought to be most carefully preserved in that freedome vigour and activity which belongs to it selfe Our predecessors in this house have ever bin most carefull in the first place to settle and secure their priviledges and he said he hoped that we having had greater breaches made upon us than heretofore would bee no lesse tender of them and forward in seeking reparation for that which is past and prevention of the like for the time to come Then he propounded diverse particular points wherein the Priviledge Particular breaches of priviledge 1 Restraint of speech 2 Interdict of questions of Parliament had bin broken First in restraiaing the members of the House from speaking Secondly in forbidding the Speaker to put any Question These two were practised the last day of the last Parliament and as was alledged by his Majesties command and both of them trench upon the very life and being of Parliaments for if such a restraining power as this should take root and be admitted it will be impossible for us to bring any resolution to perfection in such matters as shall displease those about the King Thirdly by imprisoning diverse Members of the House for matters Imprisonment of members Iudiciall proceedings Order to be bound to the good behaviour done in Paâ—liament Fourthly by indictments informations and judgments in ordinary inferiour courts for speeches proceedings in Parliaments Fifthly the disâ—racefull order of the Kings Bench whereby some members of this House were injoyned to put in security of the good behaviour and for refusall thereof they were continued in prison diverse yeares without any particular allegation against them one of them was freed by death others not dismissed till his Majestie had declared his intention to summon this Parliament And this he noted not onely as a breach of priviledge but as a violation of the common justice of the Kingdome Sixthly by the sudden and abrupt dissolution of Parliaments contrary Abrupt dissolutions of Parliament to the Law and custome It hath bin often declared in Parliaments that the Parliament should not be dissolved till the petitions bee answered This hee said was a great grievance because it doth prevent the redresse of other grievances It were a hard case that a private man should bee put to death without being heard As this representative body of the Commons receives a being by the summons so it receives a civill death by the dissolution Is it not a much more heavie doome by which we lose our being and have this civill death inflicted on us in displeasure and not to be allowed time and liberty to answer for our selves that we should not only dye but have this marke of infamy laid upon us to be made Intestabiles disabled to make our wils to dispose of our busines as this House hath alwayes used to do before Adjournments or dissolutions yet this hath often bin our case we have not bin permitted to powre out our last sighes and groanes into the bosome of our deare Soveraigne the words of dying men are full of piercing affections if we might be heard to speak no doubt we shold so fully expresse our love faith fulnes to our Prince as might take off the false suggestions aspersions of others at least we should in our humble supplications recommend some such things to him in the name of his people as would make for his honour and the publike good of his Kingdome Thus he concluded the first sort of grievances being such as were Grievances concerning Religion against the priviledge of Parliament and passed on to the next concerning Religion all which he conveyed under the foure heads 1 The first was the great incouragement given to popery of Incouragement of popery Suspension of Lawes which he produced these particular evidences 1 A suspension of all Lawes against Papists whereby they enjoy a free and almost publike exercise of that Relâ—gion and those good Statutes which were made for restraint of Idolatry and superstition are now a ground of security to them in the practice of both being used to no other end but to get money into the Kings purse which as it is clearely against the intentions of the Law so it is full of mischiefe to the Kingdome By this means a dangerous partie is cherished and increased who are ready to close with any opportunitie or disturbing the peace and safety of the State Yet he said he did not desire any new lawes against popery or any rigorous courses in the execution of those already in force he was far from seeking the ruine of their persons or estates onely hee wisht they might bee kept in such a condition as should restraine them from doing hurt It may be objected there are moderate and discreet men amongst There can be no security from papists them men of estates such as have an interest in the peace and prosperity of the Kingdome as well as we These he said were not to be considered according to their owne disposition but according to but In their disability the nature of the body whereof they are parties The Planets have severall and particular motions of their owne yet they are all rapt and transported into a contrary course by the superior Orbe which comprehends them all
The Principles of Popery are such as are incompatible with any other RELIGION there may bee a suspension of violence for some by respects but the ultimate end even of that moderation is that they may with more advantage extirpate that which is opposite to them 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 3 d. and H. the 4 th 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 disabilite to doe hurt 2 A 2 d. incouragement is their admission into places of power 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 3 A third their freedome of resorting to London and the Court Free resort to London 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 4 th 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 assâ—stance 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 2 The second grievance in Religion was from those manifold innovations lately introduced into severall parts of the Kingdome all Innovations in matters of Religion inclining to Popery and disposing and fitting men to entertaine it the particulars are these 1 Divers of the chiefest points of Religion in difference betwixt Maintenance of popish tenets us and the Papists have bin publikely defended in licensed Books in Sermons in Vniversity acts and disputations 2 Diverse Popish Ceremonies have bin not only practised but Practice of popish ceremonies 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 flesh came upon them after this the skin covered them and then breath and life was put into them so he said after these men had moulded us into an outward forme and visage of popery they would more boldly endeavour to breath into us the spirit life of popery 3 The third grievance was the countenancing and preferring those Preferment of men popishly inclined Discouragment of true professors Inlargment of differences among our selves men who were most forward in setting up such Innovations the particulâ—rs were so well knowne that they needed not to be named 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 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 2 The over rigid prosecution of those who are scrupulous in using Over-rigid prosecution of the scrupulous for things indifferent 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 renderly 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 Reading the Booke The Table set Altar-wise Comming to the railes Preaching upon the Lords day Varying from the catechisme Abuse of Ecclesiasticall jurisdiction 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 For not reading the book â—oncerning recreation on the Lords day For not removing the Communion Table to bee set Altarwise at the East end of the Chancell For not comming up to the Railes to receive the Sacrament For preaching the Lords day in the afternoone For Catechising in any other words and manner than in the precise words of the short catechisme in the Common Prayer booke The fifth and last grievance concerning Religion was the incroachment and abuse of Ecclesiasticall jurisdiction the particulars mentioned are these 1 Fining and imprisoning in cases not allowed by Law 2 Their challenging their jurisdiction to be appropriate to their In fining imprisoning Claiming jurisdiction to be Iure Divine Articles of the Visitations order which they alledge to be jure Divine 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 Having dispatcht these severall points hee proceeded to the third Grievances concerning the liberty of persons and estates 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 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
A DECLARATION Presented to the Honourable House of COMMONS With A Speech delivered at conference with the LORDS Ianuary 25. 1641. By occasion of the Petitions from the City of London and the Counties of Middlesex Essex and Hartford BY IOHN PYM Esquire Published by Order of the House of COMMONS and enlarged in the end since the last Edition by the Author Whereunto are annexed two Orders of the said House The one containing the thankes of the House given to those of HARTFORD-SHIRE The other for punishing of those who Printed a false Copie of that Petition and other libellous Pamphlets Published by a true Copie February 22. 1641. LONDON Printed for Richard Lownes at his Shop next without LVD-GATE 1641. A Declaration of the Grievances of the Kingdome delivered in Parliament by Iohn Pym ESQUIER NEver Parliament had greater businesses to The precedent consideration of grievances will further the supply dispatch nor more difficulties to encounter therfore wee have reason to take all advantages of order and addresse and hereby wee shall not only doe our owne worke but dispose and inable our selves for the better satisfaction of His Majesties desire of supply The grievances being removed our affections will carry us with speed and cheerefulnesse to give His Majestie that which may be sufficient both for his honour and support Those that in first place shal endeavour to redresse the grievances will be found not to hinder but to be the furtherers of his Majesties service hee that takes away weights doth as much advantage motion as hee that addeth wings Diverse pieces of this maine work have bin already propounded Great works are first to be considered in the modell his endeavour should bee to present to the House a modell of the whole In the Creation God made the world according to that Idea or form which was eternally preexistent in the divine mind Moses was commanded to frame the Tabernacle after the patterne shewed him in the Mount Those actions are seldome well perfected in the execution which are not first well moulded in the designe and proposition He said he would labour to contract those manifold affaires both of the Church and State which did so earnestly require the wisdom A double method compounded of grievances cures and faithfulnesse of this House into a double method of grievances and cures and because there wanted not some who pretended that these things wherewith the Common-Wealth is now grieved are much for the advantage of the King and that the redresse of them will be to His Majesties great disadvantage and losse hee said hee doubted not but to make it appeare that in discovering the present Publike grievances disadvantagious to the King great distempers and disorders and procuring remedy for them we should be no lesse serviceable to his Majestie who hath summoned us to this great Councell than usefull to those whom wee doe here represent for the better effecting whereof he propounded three The first generall division maine branchâ—s of his discourse In the first hee said hee would offer them the severall heads of some principall grievances under which the Kingdome groaned In the second he undertooke to prove that the disorders from whence those grievances issued were as hartfull to the King as to the people In the third he would advise sâ—ch a way of healing and removing those grievances as might be equally effectual to maintaine the honour and greatnesse of the King and to procure the prosperity and contentment of the people In the handling whereof he promised to use such expressions as might mitigate the shâ—rpenes and bitternes of those things whereof Sharp matters to bee mitigated in the expression The K. can do no wroÌ„g he was to speak so far as his duty faithfulnesse would allow It is a great Prerogative to the K. and a great honour attributed to him in a Maxime of our Law that he can doe no wrong he is the fountaine of Iustied and if there be any injustice in the execution of his Commands the Law casts it upon the Ministers and frees the King Activity life and vigour are conveied into the sublunary creatures by the influence of Heaven but the malignity and distemper the câ—use of so many Epidemicall diseases do proceed from the noy some vapours of the earth or some ill affected qualities of the aire without any infection or alteration of those pure celestiall and incorruptible bodies In the like manner he said the authority the power and countenance of Princes may concurre in the actions of evill men without partaking in the injustice and obliquitie of them Hurtfull projects presented to the King under plausible notions These matters where of we complaine have bin presented to his Majestie either under the pretence of Royall Pretogatives which he is bound to maintaine or of publike good which is the most honourable object of Regall wisdome But the covetous and ambitious designes of others have interposed betwixt his Royall intentions and the happines of his people making those things pernicious and hurtfull which his Majestie apprehended as just and profitable He said the things which he was to propound were of a various A promise of moderation nature many of them such as required a very tender and exquisite consideration In handling of which as he would be bold to use the liberty of the place and relation wherein he stood so hee would bee carefull to expresse that Modestie and humilitie which might be expected by those of whose actions he was to speake And if his judgment or his tongue should slip into a particular mistake hee would Submission to reformation not thinke it so great a shame to faile by his owne weaknesse as hee should esteem it an honour and advantage to be corrected by the wisdom of that house to which he submitted himselfe with this protestation that he desired no reformation so much as to reforme himselfe The greatest liberty of the kingdom is Religion thereby we are Religion steed from spiritual evils and no impositions are so grievous as those that are laid upon the soule The next great libertâ— is Justice wherby Iustice we are preserved from injurie in our persons and estates from this is derived into the Common-wealth peace and order and safety and when this is interrupted confusion and danger are ready to overwhelme all The third great liberty consists in the power and priviledge of Parliaments this is the fountaine of law the great Councell Priviledge of Parliament of the kingdom the highest Court this is inabled by the Legislative and Conciliary power to prevent evils to come by the Judiciary power to suppresse and remove evils present If you consider these three great liberties in the order of dignitie this last is inferiour to the other two as meanes are inferour to the end but if you consider them in the order of necessity â—nd use this may justly claime the The order
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 iâ— 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 Divers mischiefes from these grievances are all taken by Prerogative without any grant in Parliament or 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 The Kingdom bound by one private case 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 impositions Misimployment 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 prositable 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 these 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 Istands of America being a designe tending to the honout 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 trassique 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 Civill 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 businesle 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 those who were borne to it Alâ—hough 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 Fiâ—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 mulâ—iplied 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 Shipmony the Councell Table seisure of goods and many other wayes 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 authorâ—ty of law bookes that
Naturall and proper that it may be safely collected and brought to Account but this illegall Revenue being without any such provision is left to hazard and much uncertainty either not to be retained or not duly accounted of 6 It is apt to weaken the Industry and Courage of the Subject if By weakning the industry and courage of the subject they be left uncertain whether they shall reap the benefit of their own paines and hazard those who are brought into the Condition of slaves will easily grow to a slavish disposition who having nothing to lose doe commonly shew more boldnesse in disturbing than in defending a kingdome 7 These irregular Courses do give opportunity to ill Instruments By introducing ill Instruments into the Kings service to insinuate themselves into the Kings service for wee cannot but observe that if a man bee officious in furthering their inordinate burdens of Ship money Monopolies and the like it varnisheth over all other faults and makes him fit both for Imployment and preferment So that out of their offices they are furnisht for vast expences purchases Buildings and the King loseth often more in desperate debts at their deaths than he got by them all their lives whether this were not lately verified in a Westerne man much imployed while he lived he leaves to the Knowledge of those who wâ—re acquainted with his Course and hee doubted not but others might be found in the like case Those that are affected to Popery to prophanesse and to superstitious innovations in matters of Religion All kinde of Spies and intelligencers have meanes to be countenanced and trusted if they will be but zealous in these kinde of services which how much it detracts from His Majestie in honour in profit and prosperity of publike affaires lyes open to every mans apprehension and from these reasons or some of them hee thought it proceeded that through the whole course of the English story it might be observed that those Kings who had bin most respectfull of the Lawes had bin most eminent in greatnesse in Glory and successe both at home and abroad and that othâ—rs who thought to subsist by the violation of them did often fall into a state of weaknesse poverty and Infortunitie 8 The differences and discontents betwixt his Majestie and the By diverting the KINGS thoughts from divers great and hopeful enterprises people at home have in all likely-hood diverted his Royal thoughts and Councells from those great opportunities which hee might have not only to weaken the House of Austria to restore the Palatinate but to gaine to himself a higher pitch of power and greatnesse than any of his Ancestors It is not unknown how weak how distracted how discontented the Spanish Colonies are in the West Indies There are now in those parts in New England Virginia and the Caribe-Islands and in the Barmudos at least 60000 able persons of this Nation many of them well armed and their bodies seasoned to that Climate which with a very small charge might bee set down in some advantagious parts of these pleasant rich and fruitfull Countreys and easily make his Majestie Master of all that treasure which not only foments the war but is the great support of Popery in all parts of Christendom 9 Lastly Those courses are apt to produce such distempers in the By producing many chargeable distempers state as may not be setled without great charge and losse by which means more may be consumed in a few moneths than shall be gotten by such wayes in many yeeres Having past through the two first generall Branches he was now come to the third wherein he was to set downe the wayes of healing The wayes of remedying their grievances and removing those grievances which consisted of two maine Branches first in declaring the Law where it was doubtfull The second in better provision for the execution of Law where it is cleere But he said because hee had already spent much time and began to find some confusion in his Memory he would refer the particulars to another opportunity and for the present only move that which was generall to all and would give waight and advantage to all the particular wayes of redresse that is that we should speedily desire a Conference with the Lords and acquaint them with the Miserable condition wherein we find the Church and State and as wee have already resolved to joyn in a religious seeking of God in a day of fast and humiliation so to intreat them to concur with us in a Parliamentary course of petitioning the King as there should bee occasion and in searching out the causes and remedies of these many insupportable grievances under which we lye that so by the united wisdome and authority of both Houses such courses may bee taken as through Gods blessing may advance the honour and greatnesse of His Majâ—sty and restore and establish the peace and prosperity of the Kingdome This hee said Wee might undertake with comfort and hope of successe for though there bee a darknesse upon the Land a thicke and palpable darknesse like that of Egypt yet as in that the Sunne had not lost his light nor the Aegyptians their sight the interruption was onely in the Medium so with us there is still God bee thanked light in the Suâ—ne Wisdome and Justice in Hâ—s Majestie to dispell this darknesse and in us there remaines a visuall faculty whereby wee are inabled to apprehend and moved to desire light and when wee shall be blessed in the enjoying of it we shall thereby be incited to returne His Majesty such thankes as may make it shine more cleerely in the world to His owne glory and in the hearts of his people to their joy and contentment FINIS JANUARY 25. 1641. At a Conference betwixt both Houses concerning divers Petitions presented to the House of Commons Master PYM appointed to manage that Conference My LORDS J Am commanded by the Knights Citizens and Burgesses assembled for the Commons in Parliament to present to your Lordships divers Petitions which they have received from severall parts concerning the state of the Kingdome whereunto they are chiefly moved by that constant affection which they have always exprest of mayntaining a firme union and good correspondence with your Lordships wherein they have ever found much advantage and contentment but never held it more important and necessary then at this time wherein the Wisdome and Resolution of Parliament have as many great Dangers and Difficulties to passe through as heretofore We are united in the publike trust which is derived from the Common-wealth in the common Duty and Obligation whereby God doth bind us to the discharge of that trust and the Commons desire to impart to your Lordships whatsoever information or intelligence whatsoever incouragement or assistance they have received from those severall Countries which they present that so likewise wee may be united in the same intentions and endevours of improving all to the
conduct 10 The not questioning those many thousands of unknown persons who are sheltered in Covengarden and there abouts which do not imploy themselves in any lawfull calling and it s very probable lye in a readines to adventure upon some desperiue attempt to the indangering of the welfare peace and safety of the Kings Majestyâ— Parliament and City 11 The misunderstanding betweene the King and Parliament the not vindicating the privileges of Parliament the not suppressing of Protections the not punishing of Delinquents and the not executing of all Priests and Jesuits legally condemned while others contrary to privilege of Parliament have bin illegally as the Petitioners conceive charged wiâ—h Treason to the deferring of worthy Members from discharging their duties and to the destroying of the very being of Parliaments do exceedingly fill the minds of men well affected to the publike with many feares and discouragements throughout the Kingdom and so disable them from that cheerfull assistance which they would be glad to afford 12 By means of the premisses there is such decay of Trading and such scarciâ—y of Money neither of which can be cured till the former Evils be removed as iâ— is lâ—kely in very short time to cast innumerable mulâ—itudes of poore Artifiâ—ers into such a depth of poverty and extremity as may enforce them upon some dangerous and desperate attempts not fiâ— to be expressed much lesse to be justified Which they leave to the wisdome of this House speedily to consider and prevent THese are the Evils under which the Petitioners doe exceedingly labour and languish which they humbly conceive to have sprung from the employing of ill affected persons in places of Trust and Honour in the State and neere to the sacred person of his Majesty and that these Evils are still continued by meanes of the Votes of Bishops and Popish Lords in the House of Peeres And now that the Petitioners have faithfully represented the true Reasons which doe really enforce them to return this Answer most of which have beene formerly The Copy of Middlesex Petition was never printed and therefore not inserted offered to this Honorable House in sundry Petitions and that they have done all that in them lyes even beyond all president to serve the King Parliament and Kingdome They humbly crave leave to protest before God and the High Court of Parliament that if any further miseries befall their deare Brethren in Ireland or if any mischiefe shall breake in upon this Kingdome to the endangering or disturbing thereof it ought not to be imputed to the Petitioners but only to such as shall endevour to hinder the effectuall and speedy cure of the evils before recited that so much disable and discourage the Petitioners from doing that which by this Honorable House is desired To the Honorable the Knights Citizens and Burgesses of the House of Commons assembled in Parliament The humble Petition of the Knights Gentlemen Free-holders and other the Inhabitants of the County of Hertford Sheweth THat this Church and Kingdome being by the Prelates those multitudes of corrupt and scandalous Ministers their Creatures and the Popish party concurring with them on the one hand and by wicked Counsellors evill Ministers of State and great swarms of Projectors and others ill affected to the peace of this Realme on the other hand brought to a sad and almost desperate condition and thereby the splendour of his Majesties Crowne and Dignitie dangerously weakned and eclypsed It pleased his Majesty having repect to the Petitions of Nobles and people in that behalfe to call this present Parliament the only able means under God to reforme the many pressures and grievances of the Church and Kingdome and to remove the causes thereof In which Parliament to the honour of his Majesty and comfort of his good Subjects exemplary Justice hath beene executed Arbitrary Courts Ship-money Monopolies and other illegall Impositions removed the shedding of much bloud prevented by the late union betweene the two Kingdomes of England and Scotland and further hopes given us of perfecting what remayns by the happy continuance and much desired progresse of this Parliament And although that malignant party of Prelats and Papists and their adherents whose present standings and the happy successe of this Parliament as the Petitioners humbly conceive are inconsistent have by their manifold wicked practices and designes endevoured to hinder all thorow Reformation in Church and Common-wealth to stifle in the birth and progresse all those good Bils and other preparations made by this Honorable Assembly for that purpose and especially for the reliefe of the Kingdome of Ireland the ruine whereof will endanger this Kingdome also To stop the insluence of his Majesties Royall favour in giving life thereto to divide betweene his Majestie and this Honorable Assembly and to render you not onely contemptible but also burthensome to the people yet the Petitioners and as they verily believe all well affected to his Majestly and the peace and prosperity of this Kingdom have and still shall continue an high and honorable esteem of this worthy Assembly and of your great and unwearied endevours and do with the utmost expressions of their thankfulnes acknowledge the same and the progresse and perfecting therof to be of great consequence and deepe necessity to the peace and welfare of this Church and Kingdom and such as without which not onely a refluxe of the former calamities but even utter ruine and desolation like that being too long continued in sad and much lamented Ireland will apparently ensue From the sense whereof and of the great and unheard of breaches lately made upon â—he privileges of Parliament even to the endangering of the being thereof wherein your Petitioners and their poste itie are much concerned The Petitioners take upon them the humble boldnesse â—o declare their readinesse and great engagements according to their Protestation to stand to and defend to the utmost perill of their lives and Estates the Kings Majesty and high Court of Parliament withall the power and privileges of the same and all your Honorable proceedings for the common good against all Popish and other malignant opposers who endevour either by evill Counsell secret Plots or open force to hurt or prejudice the same or to make divisions between his Majesty and the Parliament And the said Petitioners humbly pray that the Papists may be fully disarmed the Laws against them executed the Kingdome and especially this County according to their late Petition in that behalfe put into a posture of war for their defence the Forts and strength of this Kingdome put into safe hands which the Parliament may conside and trust in the privileges of Parliament repaired and throughly vindicated and that this Honorable Assembly as hath been lately desired of you by the Citizens of London will be a means unto his Majesty and House of Peeres that life may be speedily given to your good endevours by their concurrence with you in taking away of the Votes of Popish