Those which did interrupt the justice of the Realme in the libertie of our persons and propriety of our estates The priviledges of Parliament were not given The necessitie and importance of the priviledge of Parliament for the ornament or advantage of those who are the members of Parliament they have a reall use and efficacie 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 therefore libertie of speech that our Counsels may not be corrupted with feare or our judgements perverted with selfe respects those three great faculties and functions of Parliament the Legislative Iudiciarie and Consiliarie power can not bee well exercised without such priviledges as these The wisedome of our Lawes the faithfullnesse of our Counsels the righteousnesse of our Iudgements can hardly be kept pure and untainted if they proceed from distracted and restrained mindes It is a good Rule of the Morall Philosopher Et non laedas mentem gubernatricem omnium actionum These powers of Parliament are to the bodie 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 activitie which belongs to it self Our predecessors in this house have ever been 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 be 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 hee propounded divers particular points Particular breaches of Priviledge wherein the Priviledge of Parliament had beene broken First in restraining the members of the House 1 Restraint of speech from speaking Secondly in forbidding the Speaker to put any 2 Interdict of questions 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 bee 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 divers Members of Imprisonment of Members the House for matters done in Parliament Fourthly by indictments informations and judgments Iudiciall proceedings inordinarie and inferiour Courts for speeches and proceedings in Parliaments Fifthly the disgracefull order of the Kings Order to bee bound to the good behaviour Bench whereby some members of this House were injoyned to put in securitie of the good behaviour and for refusall thereof they were continued in prison divers 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 only as a breach of priviledge but as a violation of the common justice of the Kingdome Sixthly by the sudden and abrupt dissolution of Abrupt dissolutions of Parliament Parliaments contrary to the law and custome It hath beene often declared in Parliaments that the Parliament should not be dissolved till the petitions be answered This he 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 heaviedoome by which wee lose our being and have this civill death inflicted on us in displeasure and not to be allowed time and libertie to answer for our selves that we should not only die but have this marke of infamy laid upon us to bee made Intestabiles disabled to make our Wills to dispose of our businesse as this House hath alwayes used to doe before Adjournments or dissolutions yet this hath often beene our case we have not beene 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 speake no doubt wee should so fully expresse our love and faithfulnesse to our Prince as might take off the false suggestions and 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 owne honour and the publike good of his Kingdome Thus hee concluded the first sort of grievances Grievances concerning religion being such as were against the priviledge of Parliament and passed on to the next concerning Religion all which hee conveyed under these foure heads 1 The first was the great incouragement given Incouragemēt of poperie to poperie of which he produced these particular evidences 1 A suspension of all Lawes against Papists Suspension of Lawes whereby they enjoy a free and almost publike exercise of that Religion and those good Statutes which were made for restraint of Idolatrie and superstition are now a ground of securitie 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 meanes a dangerous partie is cherished and increased who are ready to close with any opportunitie of disturbing the peace and safetie of the State Yet hee said hee did not desire any new Lawes against poperie or any rigorous courses in the execution of those alreadie in force hee was farre 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 bee objected there are moderate and There can bee no securitie from papists discreet men amongst them men of estates such as have an interest in the peace and prosperitie of the Kingdome as well as wee These hee said were not to bee considered according to their owne disposition but according to the nature of the but In their disabilitie body whereof they are parties The Planets have severall and particular motions of their owne yet they are all rapt and transported into a contrarie course by the superiour Orbe which comprehends them all The principles of Poperie 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 Lawes will nto restraine them Oathes will not the Pope can dispence with both these and where there is occasion his command will act them to the disturbance
of the Realme against their owne private disposition yea against their owne reason and judgement to obey him to whome they have especially the Iesuiticall partie absolutely and intirely obliged themselves not onely in spirituall matters but in temporall as they are in order ad Spiritualia Henry the third and Henry the fourth 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 securitie but in their weaknes and disabilitie to doe hurt 2 A second incouragement is their admission into Admission into places of power places of power and trust in the Common wealth whereby they get many dependants and adherents not only of their owne but even of such as make profession to be protestants 3 A third their freedome of resorting to London Free resort to London and the Court. and the Court whereby they have opportunitie 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 fourth that as they have a congregation of Cardinals at Rome to consider of the aptest wayes and meanes of establishing the Popes authoritie and Religion in England so they have a Nuncio here to act and dispose that partie to the execution of those counsels and by the assistance of such cunning and Iesuiticall spirits as swarme in this town to order and mannage all actions and events to the furtherance of that maine end 2 The second grievance in Religion was from Innovations in matters of Religion those manifold innovations lately introduced into severall parts of the Kingdome all inclining to poperie and disposing and fitting men to entertaine it the particulars are these 1 Divers of the chiefest points of Religion in Maintainance of popish tenets difference betwixt us and the papists have beene publikely defended in licensed Bookes in Sermons in Vniversitie acts and disputations 2 Divers popish Ceremonies have beene not only practised Practice of popish ceremonies but countenanced yea little lesse than injoyned as Altars Images Crucifixes bowings and other gestures and observances which put upon our Churches a shape and face of poperie Hee compared this to the drie 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 poperie they would more boldly endeavour to breath into us the spirit and life of poperie 3 The third grievance was the countenancing Preferment of men popishly inclined and preferring those men who were most forward in setting up such Innovations the particulars were so well knowne that they needed not to be named 4 The fourth was the discouragement of those Discouragement of true professors who were knowne to bee 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 Inlargement of the differences among our selves unhappy differences for matters of small moment which have beene amongst our selves and to raise up new occasions of further division whereby many have beene induced to forsake the land not seeing the end of those voluntarie 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 enemie 2 The over rigid prosecution of those who are Over-rigid prosecution of the scrupulous for things indifferent scrupulous in using some things enjoyned which are held by those who enjoyn them to be in themselvs indifferent It hath beene ever the dersie of this House exprest in many Parliaments in Queene Elizabeths time and since that such might bee tenderly used It was one of our petitions delivered at Oxford to his Majestie that now is but what little moderation it hath produced is not unknowne to us all any other vice almost may be better indured in a Minister than Inconformitie 3 The unjust punishments and vexations of sundry Vnjust punishments for matters not by law persons for matters required without any warrant of Law as For not reading the booke concerning recreation Reading the booke on the Lords day For not removing the Communion Table to bee The Table set Altarwise set Altarwise at the East end of the Chancell For not comming up to the Railes to receive the Comming to the Railes Sacrament For preaching the Lords day in the afternoone For catechising in any other words and manner Preaching upon the Lords day Varying from the chatechism than in the precise words of the short chatechisme in the Common prayer booke The fifth and last grievance concerning Religion Abuse of Ecclesiasticall jurisdiction was the incroachment and abuse of Ecclesiasticall jurisdiction the particulars mentioned are these 1 Fining and imprisoning in cases not allowed In fining and imprisoning by law 2 Their challenging their jurisdiction to be appropriate Claiming jurisdiction to be Jure Divino to their order which they alledge to be Iure Divino 3 The contriving and publishing of new articles Articles of the visitations 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 onely in the Bishops but in their Archdeacons Officials and Chancellours taking upon themselves a kinde of Synodall authoritie 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 Grievances concerning the libertie of persons and estates to the third kinde of grievances being such as are against the common justice of the Realm in the libertie of our persons and proprietie of our estates of which he said he had many to propound In doing whereof hee would rather observe the order of time wherin 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 Tonnage and Poundage impositions other impositions not warranted by law and because these burdens had long lyen upon us and the principles which produced them are the same
from whence 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 fâ—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
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 LONDON Printed for 〈…〉 A SPEECH DELIVERED In PARLIAMENT BY A worthy Member therof and a most faithfull well-wisher to the CHURCH and COMMON-WEALE NEver Parliament had greater businesses to dispatch nor more difficulties to The precedent consideration of grievances will further the supply encounter therefore wee have reason to take all advantages of order and addresse and hereby we 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 speede and cheerefulnesse to give his Majestie that which may bee sufficient both for his honour and support Those that in first place shall endeavour to redresse the grievances will be found not to hinder but to bee the best furtherers of his Majesties service hee that takes away weights doth as much advantage motion as he that addeth wings Divers pieces of this maine worke have beene already Great workes are first to bee considered in the modell propounded his endeavour should be to present to the House a modell of the whole In the Creation God made the world according to that Idea or forme which was eternally preexistent in the divine minde 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 A double method compounded of grievances and cures affaires both of the Church and State which did so earnestly require the wisedome and faithfulnesse of this House into a double method of grievances and cures and because there wanted not some who pretended that these things wherwith 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 Publike grievances disadvantagious to the King said he doubted not but to make it appeare that is discovering the present great distempers and disorders and procuring remedie for them we should bee no lesse serviceable to his Majestie who hath summoned us to this great Councell than usefull to those whom we doe here represent for the better effecting whereof he propounded three maine branches of his The first generall division discourse In the first he said he would offer them the severall heads of some principall grievances under which the Kingdome groaned In the second he undertook to prove that the disorders from whence those grievances issued were as hurtfull to the King as to the people In the third he would advise such a way of healing and removing those grievances as might bee equally effectuall to maintaine the honour and greatnesse of the King and to procure the prosperitie and contentment of the people In the handling whereof he promised to use such Sharpe matters to be mitigated in the expression expressions as might mitigate the sharpnesse and bitternesse of those things whereof hee was to speake so farre as his dutie and faithfulnesse would allow It is a great Prerogative to the King and a great honour The King can do no wrong attributed to him in a Maxime of our Law that he can doe no wrong he is the fountaine of Iustice and if there be any injustice in the execution of his Commands the Law casts it upon the Ministers and frees the King Activitie life and vigour are conveyed into the sublunary creatures by the influence of Heaven but the malignitie and distemper the cause of so many Fpidemicall diseases doe proceed from the noysome 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 authoritie the power and countenance of Princes may concur in the actions of evill men without partaking in the injustice and obliquitie of them These matters whereof we complaine have beene presented to his Majestie either under the pretence of Royall prerogatives Hurtfull projects presented to the King under plausible notions which he is bound to maintaine or of publike good which is the most honourable object of Regall wisedome But the covetous and ambitious designes of others have interposed betwixt his Royall intentions and the happinesse 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 A promise of moderation were of a various 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 he would be carefull to expresse that Modestie and humilitie which might be expected by those of whose actions he was to speake And if his judgement Submission to reformation or his tongue should slip into any particular mistake he would not thinke it so great a shame to faile by his owne weakenesse as hee should esteeme it an honour and advantage to be corrected by the wisdome of that House to which he submitted himself with this protestation that he desired no reformation so much as to reforme himselfe The greatest libertie of the Kingdome is Religion Religion thereby we are freed from spirituall evils and no impositions are so grievous as those that are laid upon the soule The next great libertie is Iustice Iustice whereby we are preserved from injuries in our persons and estates from this is derived into the Commonwealth peace and order and safetie and when this is interrupted confusion and danger are ready to overwhelme all The third great libertie consists Priviledge of Parliament in the power and priviledge of Parliaments this is the fountaine of law the great Councell of the Kingdome the highest Court this is inabled by the Legislative and Consiliarie power to prevent evils to come by the Judiciarie 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 inferiour to The order propounded in handling these 3 great liberties the end but if you consider them in the order of necessitie and use this may justly claime the first place in our care because the end cannot be obtained without the meanes if we doe not preserve this we cannot long hope to enjoy either of the other Therefore hee said being to speake of those grievances which lie upon the Kingdome hee would observe this order 1. First to mention those which were against the priviledge of Parliaments 2. Those which were prejudiciall to the Religion established in the Kingdome 3.
Industrie and Courage of the Subject if they be left uncertaine By weakening the industry and courage of the subject whether they shall reape the benefit of their owne paines and hazard those who are brought into the Condition of slaves will easily grow to a slavish disposition who having nothing to loose doe commonly shew more boldnesse in disturbing than in defending a Kingdome 7 These irregular Courses doe give opportunitie to ill Instruments to insinuate themselves By introducing ill Instruments into the Kings service into the Kings service for we cannot but observe that if a man be 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 were acquainted with his Course and he 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 prosperitie of publike affaires lyes open to every mans apprehension and from these reasons or some of them he thought it proceeded that through the whole course of the English story it might be observed that those Kings who had beene most respectfull of the lawes had beene most eminent in Greatnesse in Glory and successe both at home and abroad and that others who thought to subsist by the violation of them did often fall into a state of weakenesse povertie and Infortunitie 8 The differences and discontents betwixt By diverting the Kings thoughts from divers great and hopefull enterprises his Majestie and the people at home have in all likelyhood diverted his Royall thoughts and Councells from those great opportunities which he 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 unknowne how weake 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 Sixty thousand able persons of this Nation many of them well armed and their bodies seasoned to that Climate which with a very small charge might be set downe in some advantagious parts of these pleasant rich and fruitfull Countreys and easily make his Majestie Master of all that treasure which not onely foments the Warre but is the great support of Popery in all parts of Christendome By producing many chargeable distempers 9 Lastly Those courses are apt to produce such distempers in the state as may not be setled without great charge and losse by which means more may be consumed in a few months than shall be gotten by such wayes in many yeeres Having past through the two first generall The wayes of remedyinge their grievances Branches he was now come to the third wherein he was to set downe the wayes of healing 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 hee said because he had already spent much time and began to finde some confusion in his Memory he would referre the particulars to another opportunity and for the present onely move that which was generall to all and would give waight and Advantage to all the particular wayes of Redresse that is that wee should speedily desire a Conference with the Lords and acquaint them with the Miserable Condition wherein wee finde the Church and State and as we have already resolved to joyn in a religious seeking of God in a day of fast and humiliation so to intreat them to concurre 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 wisedome and authoritie of both Houses such courses may be taken as through Gods blessing may advance the honour and Greatnesse of his Majestie and restore and establish the peace and prosperitie of the Kingdome This he said Wee might undertake with comfort and hope of successe for though there be a darknesse upon the land a thick and palpable darknesse like that of Egypt yet as in that the Sunne had not lost his light nor the Egyptians their sight the interruption was onely in the Medium so with us there is stil God be thanked light in the Sun Wisedome and Justice in his Majestie to dispell this darknesse and in us there remaines a visual faculty whereby wee are inabled to apprehend and moved to desire light and when we shall be blessed in the enjoying of it we shall thereby be incited to returne his Majestie such thanks as may make it shine more cleerly in the world to his owne glory and in the hearts of his people to their joy and contentment FINIS