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 branch • 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 ſ • 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 ſh • rpenes and bitternes of thoſe things whereof Sharp matters to bee mitigated in the expreſſion. The K. can do no wrōg. 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 c • 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 wch 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 libert • , 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 • nd uſe, this may juſtly claime the The order 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.

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 Pa • liament.

Fourthly, by indictments, informations, and judgments in ordinary & inferiour courts for ſpeeches & proceedings in Parliaments

Fifthly, the diſ • 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 Rel • 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, 〈1 page duplicate〉 〈1 page duplicate〉 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 3d. and H. the 4th. of France, were no Proteſtants themſelves, yet were murthered, becauſe they tolerated the Proteſtants, by which and many other preſidents it appeares, that the King, that the Kingdome can have no ſecurity but in their weakneſſe and diſabilite to doe hurt.

2 A 2d. 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 4th, that as they have a Congregation of Cardinals at Rome, to conſider of the apteſt wayes and means of eſtabliſhing the Popes authority and Religion in England: ſo they have a Nuncio here, to act and diſpoſe that party to the execution of thoſe Counſels, and by the aſſ • 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 particul • 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 Altarwiſe. 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 • 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 proceed • 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 o • 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 nowchalēged, 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 grāt 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 wch they were more eſpecially attentive.

In 1. of his Majeſty, It neceſſarily came to be remembred upon the The redreſſe deſired without diminution of the Kings profit. propoſition on the Kings part, for renewing the bill of Tonnage and Poundage, but ſo moderate was that Parliament, that they thought rather to confirme the impoſitions already ſet by a law to be made, than to aboliſh them by a judgement in Parliament, but that and divers inſuing Parliaments have been unhappily broken, before that endeavour could be accompliſhed, only at the laſt meeting, a Remonſtrance was made concerning the liberty of the Subject, in this point, and it hath alwayes been expreſt to be the meaning of the Houſe, and ſo it was (as hee ſaid) his owne meaning in the propoſition now made, to ſettle and reſtore the right according to law, and not to diminiſh the Kings profit, but to eſtabliſh i • 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.

Al • 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 Fi • 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 mul • 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 div • 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 author • ty of law bookes. that judgement is founded upon the naked opinion of ſome judges, without any written Law, without any cuſtome, or authority of Law broken, yea without any one preſident for it. Many expreſſe Laws, many Declarations in Parliaments, and the conſtant judgment and practiſe of all times being againſt it, yea in the nature of it, it will be found to be diſproportionable to the caſe of neceſſity which is pretended to be the ground of it.

Neceſſity excludes all formalities and ſolemnities, it is no The courſe unproper for a caſe of neceſſity. time then to make Levies and Taxes to build and prepare Ships, every mans perſon, every mans Ships are to be imployed for the reſiſting of an invading enemy: the right on the Subjects part was ſo cleare, and the pretences againſt it ſo weake, that hee thought no man would venture his reputation or conſcience in the defence of that judgment, being ſo contrary to the grounds of the Law, to the practiſe of former times, and ſo inconſiſtent Abounding in variety of miſchiefes. in it ſelfe. Amongſt many inconveniences and obloquies of this grievance he noted theſe.

1 That it extendeth to all perſons, and to all times, it ſubjected The general extent and remedileſſe condition, our goods to diſtreſſe, and our perſons to impriſonment, and the cauſes of it being ſecret and inviſible, referred to his Majeſties breſt alone, the Subject was left without poſſibility of exception, and reliefe.

2 That there was no rules or limits for the proportion, ſo that Arbitrary proportion. no man knew what eſtate he had, or how to order his courſe or expences.

3 That it was taken out of the Subjects purſe, by a writ, and Impoſed by writ diſpoſ'd by inſtructions. brought into the Kings Coffers by inſtructions from the Lords of his moſt honourable privy Councell. In the legall defence of it, the Writ only did appeare; of the inſtructions, there was no notice taken, which yet in the reall execution of it, were moſt predominant. It carryes the face of ſervice in the Writ, and of Revenue in the inſtructions: if this way had not been found to turn the Ship, into money, it would eaſily have appeared how incompatible this ſervice is with the office of a Sheriffe, in the inland Improper for the Sheriffes: Counties, and how incongruous and inconvenient for the inhabitants. The law in a body politike is of like nature, which alwayes prepareth and diſpoſeth proper and ſit inſtruments and Organs, for every naturall operation; if the Law had intended Vnprovided for by law. any ſuch charge as this, there ſhould have beene certaine rules, ſuitable meanes and courſes, for the levying and managing of it.

5 The fift was the Inlargement of the Forreſts beyond the Inlargement of Forreſts. bounds and perambulations appointed and ſtabliſhed by act of Parliament, twenty ſeven and twenty eight Edward the firſt, and that this is done upon the ſame reaſons and exceptions Againſt expreſſe Statutes. which had beene on the Kings part propounded, and by the Commons anſwered in Parliament, not long after that eſtabliſhment. It is not unknowne to many in this Houſe, that thoſe perambulations were the fruit and effect of that famous Charter, which is called Charta de forreſta, whereby many tumults, troubles, Charta de forreſta, made uſeleſſe. and diſcontents had beene taken away, and compoſed between the King and his ſubjects, & it is ful of danger, that by reviving thoſe old Queſtions we may fal into the like diſtſtempers.

He ſaid, that hereby no blame could fall upon that great Lord Iuſtice in Eyer clered who is now Iuſtice of Eyre, and in whoſe name theſe things were acted, it ſhould not be expected that he ſhould take notice of the lawes and cuſtomes of the realme, therefore he was careful The Anſwer lies upon the Iudges. to procure the aſſiſtance and direction of the Iudges, and if any thing were done againſt law, it was for them to anſwer, and not for him.

The particular irregularities and obliquities of this buſineſſe Particular obliquities. were theſe.

1 The ſurreptitious procuring a verdict for the King, without Surreptitious proceedings. giving notice to the Countrey, whereby they might be prepared to give in evidence for their owne intereſt and indemnity; as was done in Eſſex.

2 Whereas the Iudges in the Iuſ • ice ſeat in Eſsex were conſulted A judgment pretended. with, about the entry of the former verdict, and delivered their opinion touching that alone, without medling with the point of right, this opinion was after inforced in other Counties, as if it had beene a judgement upon the matter, and the Councell for the Countie diſcountenanced in ſpeaking, becauſe it was ſaid to be already adjudged.

3 The inheritance of divers of the Subjects have been hereupon The Subject diſturbed. diſturbed after the quiet poſſeſſion of three or foure hundred yeares, and a way open for the diſturbance of many others.

4 Great ſums of mony have bin drawn from ſuch as have lands Inforced to compound for great fines. within theſe pretended bounds, and thoſe who have forborne to make compoſition, have beene threatned with the execution of the forreſt lawes.

5 The fifth, was the ſelling of Nuſances, or at leaſt, ſome ſuch Selling of Nuſances. things as are ſuppoſed to be Nuſances.

The King as Father of the Common wealth is to take care of the publik commodities, & advantages of his ſubjects, as Rivers, The legall tryal of Nuſances omitted, Highways, Common Sewers, & ſuch like, & is to remove whatſoever is prejudiciall to them, & for the tryall of thoſe, there are legall and ordinary writs, of Ad quod damnum: but of late a new A new extrajudiciall way practiſed, and extrajudiciall way hath been taken of declaring matters to be Nuſances, and divers have thereupon been queſtioned, and if they would not compound they have been fined; If they do compound, that which was firſt proſecuted as a common Nuſance, is taken into the Kings protection, and allowed to ſtand, & having Compoſitions inforced, and yeelded the King Mony, no further care is taken, whether it bee good or bad for the common wealth. By this a very great & publike truſt is either broken or abuſed: if the matter compounded A publike truſt broken or abuſed. for be truly a Nuſance, then it is broken to the hurt of the people: if it bee not a Nuſance, then is it abuſed to the hurt of the party, the particulars mentioned, were:

1 The Commiſſion for buildings in & about this town, which The particulars. heretofore hath bin preſented by this Houſe as a grievance in K. Iames his time, but now of late the execution hath beene much Commiſſion for building more frequent and prejudiciall than it was before.

Secondly, Commiſſion for Depopulations, which began Depopulations. ſome few yearers ſince, and is ſtill in hot proſecution.

By both theſe, the ſubject is reſtrained from diſpoſing of his The ſeveral miſchiefes of both. owne, 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.

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 coū cellours. 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 particular relation: And as if this were not enough, this Court ha • h lately intermedled with the Ship money, diverſe Sheriffes have beene queſtioned, for not levying, and collecting ſuch ſums, as their Co • nties have beene charged with, and if this beginning be not prevented, the Star-Chamber will become a Court of Revenue, and it ſhall be made crime not to collect or pay ſuch taxes, as To the recovery of ſhip money. the State ſhall require.

The Eleventh, He ſaid, he was gone very high, yet hee muſt The Kings edicts and Proclamations. goe a little higher: that great and moſt eminent power of the King of making Edicts and Proclamations, which are ſaid to bee Leges Temporis, with whom our Princes have uſed to encounter with ſudden and unexpected danger, as would not indure ſo much delay, as aſſembling the great Councell of the Kingdome, This which is one of the moſt Glorious beames of Majeſtie, rigorous in commanding Reverence, and ſubjection, to our unſpeakeable griefe, hath been often exerciſed for the enjoyning and maintaining For the erecting of Monopolies. ſundry Monopolies, and other grants, exceeding burdenſome, and prejudiciall to the people.

The Twelfth, Although hee was come as high as he could upon The word and truth of God. on earth, yet the preſumption of evill men did leade him one ſtep higher, even as high as Heaven, as high as the Throne of God. It was now, hee ſaid, growne common, for ambitious and corrupt men of the Clergie, to abuſe the truth of God, and the bond of Conſcience, preaching downe the Lawes and liberties of the kingdome, pretending Divine authority, for an abſolute power in the King, to doe what he would with our perſons, and goods, this hath Pretended for the abſolute power of Kings. been often publiſhed in Sermons, and Printed books, and is now the high way to preferment.

The laſt Parliament, we had a ſentence for an offence of this kinde, againſt one Mannering, then a Doctor, now a Biſhop, concerning whom (hee ſaid) hee would ſay no more but this, that when he ſaw him at his Barre, in the moſt humble dejected poſture, The offence of D. Mannering. that ever hee obſerved, hee thought hee would not ſo ſoone have leapt into a Biſhops Chaire, but his ſucceſſe hath emboldened others, therefore (hee ſaid) this may well bee noted as a double Now practiſed by others. To the great hurt and grievance of the people. grievance, that ſuch doctrine ſhould bee allowed, that ſuch men ſhould be preferred, yea as a roote of grievances whereby they indeavour to corrupt the Kings Conſcience, and as much as in them lyes, to deprive the people of that Royall protection, to which his Majeſtie is bound by the fundamentall Lawes of the Kingdom, and his own perſonall Oath.

The thirteenth: The long intermiſſion of the Parliaments, contrary The Intermiſſion of Parliaments to the two ſtatutes yet in force, whereby it is appointed there ſhould bee Parliaments once a yeare, at the leaſt, and moſt contrary to the publike good of the Kingdome, for this being well remedied would produce remedies for all the reſt.

Having put through the ſeverall heads of grievances, hee came The ſubjects grievances hurtfull to the King. to the ſecond maine branch, propounded in the beginning. That the diſorders from whence theſe grievances iſſued, were as hurtfull to the King, as to the people, of which hee gave diverſe reaſons.

1 The interruption of the ſweet communion which ought to B. interrupt their communion. bee betwixt the King and His People, in matters of grace and ſupply.

They have need of him by His generall pardon, to bee ſecured from projectors, and informers, to bee freed from obſolete Lawes, from the ſubtle devices of ſuch as ſeeke to reſtraine the Prerogative to their own private advantage, and the publike hurt; and he hath need of them for counſell and ſupport, in great and extraordinary occaſions. This mutuall entercourſe would ſo weane the affections and intereſts of His Subjects, into his actions and deſignes, that their wealth and their perſons would bee his, his owne eſtate would bee managed to moſt advantage, and publike undertakings would bee proſecuted at the charge and adventure of the Subject: The Victorious attempts in Queene ELIZABETHS time upon Portugall, Spaine, and the Indies, were for the greateſt part, made upon the poore Subjects purſes, and not upon the Queenes, though the Honour and profit of the ſucceſſe, did moſt accrew to her.

2 Thoſe often breaches and diſcontentments betwixt the King By domeſtical breaches & diſcontents. and the people, are very apt to diminiſh his reputation abroad, and diſadvantage his treaties and alliances.

3 The apprehenſion of the favour and incouragement given to By weakning his partie abroad. Popery, hath much weakned his Majeſties party beyond the Sea, and impared that advantage which Queen Elizabeth and His Royall Father hath heretofore made, of being hea • s of the Proteſtant union.

4 The innovations in Religion and rigour of Eccleſiaſticall Courts, have forced a great many of his Majeſties Subjects to forſake By forcing his ſubjects to leave the kingdome. the Land, whereby not only their perſons, and their poſterity, but their wealth, and their induſtry are loſt to this Kingdome, much to the demoliſhing of His Majeſties Cuſtomes and Subſidies. Amo • gſt other inconveniences, this was eſpecially to bee obſerved, that diverſe Clothiers driven out of the Countrey, had ſet up the manufacture of Cloth beyond the Seas, whereby this State is like to ſuffer much by abatement of the price of Woolls, and by want of imployment for the poore, both which likewiſe tend to his Majeſties particular loſſe.

5 It puts the King upon unproper wayes of ſupply, which being By unproper wayes of ſupply. not warranted by Law, are much more burdenſome to the ſubject, than advantagious to h • s Majeſty. In France not long ſince, upon a ſurvey of the Kings Revenue, it was found that two parts in three, never came to the Kings purſe, but were diverted to the profit of the officers or Miniſters of the Crowne, and it was thought a very good ſervice and reformation, to reduce two parts to the King, leaving ſtill a third part to the Inſtruments as were imployed about getting it i • . It may well be doubted, that the King may have the like or worſe ſucceſſe in England: which appeares already in ſome particulars.

The King hath reſerved upon this Monopoly of Wines, 30 thouſand Pound Rent a yeere, the Vintner pales 40. Shillings a Tun, which comes to Ninty thouſand pounds: the price upon the Subject by retaile, is increaſed Two pence a Quart, which comes to Eight pound a Tunne, and for 45000. Tunne brought in yeerely, amounts to 3. hundred 60. thouſand pounds, which is 3. hundred and 30. thouſand pounds loſſe to the Kingdome, above the Kings Rent; other Monopolies, as that of Soape, have been very chargeable to the kingdome, and brought very little Treaſure into his Majeſties Coffers.

The Law provides for that revenue of the Crowne; which is Naturall and proper, that it may be ſafely collected, and brought to Account, but this illegall Revenue; being without any 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 w • 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 oth • 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 Maj • 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 Su • ne, Wiſdome and Juſtice in H • 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.

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 ſervice of his Majeſty, and the common good of the Kingdome.

The Petitions which I am directed to communicate to your Lordſhips, are four: from London, Middleſex, Eſſex, and Hertfordſhire. We have received many more, but it would take up too much time, and be too great a trouble to peruſe all; & in theſe four you may perceive the Effect and Senſe of all: Firſt, I am to deſire your Lordſhips to heare them read; and then I ſhall purſue my Inſtructions in propounding ſome Obſervations out of them.

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 Commonwealth 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.

The firſt danger is from enemies abroad; this may 〈◊◊〉 cauſeleſſe and impertinent obſervation at this tim • ſeeing 〈…〉 The variety of Dangers. peace with all Nations about us: But (my L • rds) you may b • pleaſed to conſider that the ſafety of the K ••• dom ought no • to d • p • 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 the Kingdom, that we might be inabled to reſiſt a forraign Enemy, to ſuppreſſe all Civill Inſurrections: and what a preſſing neceſſity there is of this, the exceeding great decayes in the Novie, in the Forts, in the Power of ordering the Militia of the Kingdom, and Means of furniſhing them with Munition, are ſufficient evidences, known to none better then to your Lordſhips, and what endeavour we have uſed to remove them (but hitherto without that ſucceſſe and concurrence which we expected:) and where the ſtop hath bin, and upon what good grounds we may claime our own innocency and faithfulneſſe in this, we deſire no other Witneſſes but your ſelves.

Laſtly, I come to the evill Influences which have cauſed this diſtemper, and I ſhall content my ſelfe to mention ſome few of thoſe which are moſt Apparent and Important.

1. In the firſt place, I ſhall remember the evill Councells about 3 The Influences that have cauſed ſo great Diſtemper. the King, whereof wee have often complained. Diſeaſes of the Braine are moſt dangerous, becauſe from thence Sence and Motion are derived to the whole Body. The malignity of evill Councells will quickly be infuſed into all parts of the State. None can doubt but we have exceedingly laboured under moſt dangerous and miſchievous Councells. This evill Influence hath bin the cauſe of the preparation of Warre with Scotland, of the procuring a Rebellion in Ireland, of corrupting Religion, ſuppreſſing the Liberty of this Kingdome, and of many fearefull and horrid Attempts, to the ſubverting the very being of Parliament, which was the only hopefull Meanes of oppoſing and preventing all the reſt: And this doth appeare to be a moſt predominant evill of the Time; whereat we need not wonder, when wee conſider how Counſellours have beene preferred and prepared. And I appeale to your Lordſhips owne Conſciences, whether the giving, and the countenancing of evill Councell, hath not beene almoſt the only way to favour and advancement.

2. The diſcouragement of good Councell: divers honeſt and approved Counſellours have bin put from their places: others ſo diſcountenanced, as that the way of favour hath bin ſhut againſt them, and that of danger and deſtruction only open to them.

3. The great Power that an interreſſed & factious Party hath in the Parliament, by the continuance of the Votes of the Biſhops and Popiſh Lords in your Lordſhips Houſe; and the taking in of others both out of the Houſe of Commons, and otherwiſe, to enc • eaſe their ſtrength.

4. The fomenting and cheriſhing of a malignant Party throughout the whole Kingdom.

5. The manifold jealouſies betwixt the King, his Parliament, and good Subjects, whereby his protection and favour hath in a great meaſure bin with-held from them: their inclination and reſolution to ſerve and aſſiſt him hath beene very much hindred and interrupted: We have often ſuffer'd under the miſ-interpretation of good actions, & falſe imputation of evill, which we never intended. So that we may juſtly purge our ſelves from all guilt of being Authors of this jealouſie and miſunderſtanding: Wee have bin, and are ſtill ready to ſerve his Majeſty with our lives and fortunes, with as much cheerefulneſſe and earneſtneſſe of affection, as ever any Subjects were; and we doubt not but our proceedings will ſo manifeſt this, that we ſhall be as cleare in the apprehenſion of the world, as we are in the teſtimony of our own conſciences.

I am now come to a concluſion, and I have nothing to propound to your Lordſhips by way of Requeſt or deſire from the Houſe of Commons; I doubt not but your judgements will tell you what is to be done; your Conſciences, your Honours, your Intereſts will call upon you for the doing of it; The Commons will be glad to have your help and concurrence in ſaving of the Kingdome; but if they ſhould faile of it, it ſhould not diſcourage them in doing their duty. And whether the Kingdom be loſt or ſaved (as through Gods bleſſing I hope it will be) they ſhall be ſorry that the ſtory of this preſent Parliament ſhould tell Poſterity, that in ſo great a Danger and Extremity, the Houſe of Commons ſhould be enforced to ſave the Kingdome alone, and that the Houſe of Peeres ſhould have no part in the honour of the preſervation of it, you having ſo great an Intereſt in the good ſucceſſe of thoſe endeavours, in reſpect of your great Eſtates, and high degrees of Nobility.

MY Lords, conſider what the preſent neceſſities and dangers of the Common-wealth require, what the Commons have reaſon to expect, to what endeavours and counſels the concurrent deſires of all the people doe invite you: ſo that applying your ſelves to the preſervation of the King and Kingdom, I may be bold to aſſure you in the name of all the Commons of England, that you ſhall be bravely ſeconded.