However, since the breach of the last Parliament, his majesty hath, by a new book of rates, very much increased the burden upon merchandise, and now tonnage and poundage, old and new impositions, are all taken by prerogative, without any grant in Parliament, or authority of law, as we conceive; from whence divers inconveniences and mischiefs are produced. 1. The danger of the precedent, that a judgment in one court, and in one case, is made binding to all the kingdom. 2. Men’s goods are seized, their legal suits are stopped, and justice denied to those that desire to take the benefit of the law. 3. The great sums of money received upon these impositions, intended for the guard of the seas, claimed and defended upon no ground but of public trust, for protection of merchants and defence of the ports, are dispersed to other uses, and a new tax raised for the same purposes. 4. These burdens are so excessive, that trade is thereby very much hindered, the commodities of our own growth extremely abased, and those imported much enhanced; all which lies not upon the merchant alone, but upon the generality of the subject; and by this means the stock of the kingdom is much diminished, our exportation being less profitable, and our importation more changeable. And if the wars and troubles in the neighbor parts had not brought almost the whole stream of trade into this kingdom, we should have found many more prejudical effects of these impositions, long before this time, than yet we have done. Especially they have been insupportable to the poor plantations, whither many of his Majesty’s subjects have been transported, in divers parts of the continent and islands of America, in furtherance of a design tending to the honor of the kingdom, and the enlargement of his Majesty’s dominions. The adventurers in this noble work 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 commodity to the owner. 5. Whereas these great burdens have caused divers merchants to apply themselves to a way of traffic abroad by transporting goods from one country to another, without bringing them home into England. But now it hath been lately endeavored to set an imposition upon this trade, so that the King will have a duty even out of those commodities which never come within his dominions, to the great discouragement of such active and industrious men.
The next general head of civil grievances, was enforcing men to compound for knighthood; which though it may seem 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 looks backward, and the offence continuing, is subject to a new fine. The state of that business he laid down thus: Heretofore, when the services due by tenure were taken in kind, it were fit there were some way of trial and approbation of those that were bound to such services. Therefore, it was ordained, that such as were to do knight’s services, after they came of age, and had possession of their lands, should be made knights; that is, publicly declared to be fit for that service:—divers ceremonies and solemnities were in use for this purpose; and if by the party’s 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 born to it. Now it is quite true, that although the use of this hath for divers ages been discontinued, yet there have passed very few kings under whom there hath not been a general summons, requiring those who had lands of such value as the law prescribes, to appear at the coronation, or some other great solemnity, and to be knighted, and yet nothing intended but the getting of some small fines. So this grievance is not altogether new in the kind; but it is new in the manner, and in the excess of it, and that in divers respects. 1. First, it hath been extended beyond all intention and color of law. Not only inn-holders, but likewise leaseholders, copyholders, merchants, and others; scarce any man free from it. 2. The fines have been immoderate, far beyond the proportion of former times.[20] 3. The proportion has been without any example, precedent, or rule of justice. For though those that were summoned did appear, yet distresses infinite were made out against them, and issues increased and multiplied, and no way open to discharge those issues, by plea or otherwise, but only by compounding with the commissioners at their own pleasure.
The third general head of civil grievances was, the great inundation of monopolies: whereby heavy burthens are laid, not only upon foreign, but also native commodities. These began in the soap patent. The principal undertakers in this were divers Popish recusants, men of estate and quality, such as in likelihood did not only aim at their private gain, but that by this open breach of law, the King and his people might be more fully divided, and the ways of Parliament men more thoroughly obstructed. Amongst the infinite inconveniences and mischiefs which this did produce, these few may be observed: 1. The impairing the goodness, and enhancing the price of most of the commodities and manufactures of the realm, yea, of those which are of most necessary and common use, as salt, soap, beer, coals, and infinite others. 2. That, under color of licenses, trades and manufactures are restrained to a few hands, and many of the subjects deprived of their ordinary way of livelihood. 3. That, upon such illegal grants, a great number of persons had been unjustly vexed by pursuivants, imprisonments, attendance upon the council table, forfeiture of goods, and many other ways.
The fourth head of civil grievances was that great and unparalleled grievance of the ship money, which, though it may seem to have more warrant of law than the rest, because there hath a judgment passed for it, yet in truth it is thereby aggravated, if it be considered that the judgment is founded upon the naked opinion of some judges without any written law, without any custom, or authority of law books, yea, without any one precedent for it.[21] Many express laws, many declarations in parliaments, and the constant practice and judgment at all times being against it! Yea, in the very 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 time then to make levies and taxes to build and prepare ships. Every man’s person, every man’s ships are to be employed for the resisting of an invading enemy. The right on the subject’s part was so clear, and the pretences against it so weak, that he 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 practice of former times, and so inconsistent in itself.
Amongst many inconveniences and obliquities of this grievance, he noted these: 1. That it extendeth to all persons, and to all times; it subjecteth our goods to distress, and our persons to imprisonment; and, the causes of it being secret and invisible, referred to his Majesty’s breast alone, the subject was left without possibility of exception and relief. 2. That there were no rules or limits for the proportion; so that no man knew what estate he had, or how to order his course or expenses. 3. That it was taken out of the subject’s purse by a writ, and brought into the King’s coffers by instructions from the lords of his most honorable privy council. Now, in the legal defence of it, the writ only did appear; of the instructions there was no notice taken, which yet in the real execution of it were most predominant. It carries the face of service in the writ, and of revenue in the instructions. Why, 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 sheriff, in the inland counties; and how incongruous and inconvenient for the inhabitants! The law in a body politic is like nature, which always prepareth and disposeth proper and fit instruments and organs for every natural operation. If the law had intended any such charge as this, there should have been certain rules, suitable means, and courses, for the levying and managing of it.
The fifth head was the enlargement of the forests beyond the bounds and perambulations[22] appointed and established by act of Parliament, 27 and 28 Edward I.; and this is done upon the very reasons and exceptions which had been on the King’s part propounded, and by the Commons answered, in Parliament, not long after that establishment. It is not unknown to many in this House that those perambulations were the fruit and effect of that famous charter which is called “Charta de Forrestâ,” whereby many tumults, troubles, and discontents had been taken away, and composed between the King and his subjects; and it is full of danger, that by reviving those old questions, we may fall into the like distempers. Hereby, however, no blame could fall upon that great lord, who is now justice in Eyre, and in whose name these things were acted; it could not be expected that he should take notice of the laws and customs of the realm; therefore he was careful to procure the assistance and direction of the judges; 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 business were these:—1. The surreptitious procuring a verdict for the King; without giving notice to the country whereby they might be prepared to give in evidence for their own interest and indemnity, as was done in Essex. 2. Whereas the judges in the justice seat in Essex were consulted with about the entry of the former verdict, and delivered their opinion touching that alone, without meddling with the point of right; this opinion was after enforced in other counties as if it had been a judgment upon the matter, and the council for the county discountenanced in speaking, because it was said to be already adjudged. 3. The inheritance of divers of the subjects have been hereupon disturbed, after the quiet possession of three or four hundred years, and a way opened for the disturbance of many others. 4. Great sums of money have been drawn from such as have lands within these pretended bounds, and those who have forborne to make composition have been threatened with the execution of these forest laws. 5. The fifth was the selling of nuisances, or at least some such things as are supposed to be nuisances. The King, as father of the commonwealth, is to take care of the public commodities and advantages of his subjects, as rivers, highways, common sewers, and suchlike, and is to remove whatsoever is prejudicial to them; and for the trial of those there are legal and ordinary writs of ad quod damnum; but of late a new and extrajudicial way hath been taken, of declaring matters to be nuisances; 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 nuisance is taken into the King’s protection and allowed to stand; and having yielded the King money, no further care is taken whether it be good or bad for the commonwealth. By this a very great and public trust is either broken or abused. If the matter compounded for be truly a nuisance, then it is broken to the hurt of the people; if it be not a nuisance, then it is abused to the hurt of the party. The particulars mentioned were:—First, the commission for buildings in and about this town, which heretofore hath been presented by this House as a grievance in King James’ time, but now of late the execution hath been much more frequent and prejudicial than it was before. Secondly, commission for depopulation,[23] which began some few years since, and is still in hot prosecution. By both these the subject is restrained from disposing of his own. Some have been commanded to demolish their houses; others have been forbidden to build; others, after great trouble and vexation, have been forced to redeem their peace with large sums, and they still remain, by law, as liable to a new question as before; for it is agreed by all that the King cannot license a common nuisance; and although indeed 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 hereafter be made a precedent for the Kings of this realm to claim a power of licensing such things as are nuisances indeed.[24]
The seventh great civil grievance hath been, the military charges laid upon the several counties of the kingdom; sometimes by warrant under his Majesty’s signature, sometimes by letters from the council table, and sometimes (such had been the boldness and presumption of some men), by the order of the Lord Lieutenants, or deputy-lieutenant alone. This is a growing evil; still multiplying and increasing from a few particulars to many, from small sums to great. It began first to be practised as a loan, for supply of coat and conduct money; and for this it hath some countenance from the use in Queen Elizabeth’s time, when the lords of the council did often desire the deputy-lieutenants to procure so much money to be laid out in the country as the service did require, with a promise to pay it again in London; for which purpose there was a constant warrant in the exchequer. This was the practice in her time, and in a great part of King James’. But the payments were then so certain, as it was little otherwise than taking up money upon bills of exchange. At this day they follow these precedents in the manner of the demand (for it is with a promise of a repayment), but not in the certainty and readiness of satisfaction.
The first particular brought into a tax (as he thought) was the muster master’s wages, at which many repined; but being for small sums, it began to be generally digested; yet, in the last Parliament, this House was sensible of it, and to avoid the danger of the precedent that the subjects should be forced to make any payments without consent in Parliament, they thought upon a bill that might be a rule to the lieutenants what to demand, and to the people what to pay. But the hopes of this bill were dashed in the dissolution of that Parliament. Now of late divers other particulars are growing into practise, which make the grievance much more heavy. Those mentioned were these: 1. Pressing men against their will, and forcing them which are rich or unwilling to serve, to find others in their place. 2. The provision of public magazines for powder, and other munition, spades and pickaxes. 3. The salary of divers officers besides the muster master. 4. The buying of cart-horses and carts, and hiring of carts for carriages.
The eighth head of civil grievances was the extrajudicial declarations of judges, whereby the subjects have been bound in matters of great importance without hearing of counsel or argument on their part, and are left without legal remedy, by writ of error or otherwise. He remembered the expression used by a former member of the House, of a “teeming parliament.” This, he said, was a teeming grievance; from hence have issued most of the great grievances now in being. The ship-money—the pretended nuisances already mentioned—and some others which have not yet been touched upon,—especially that concerning the proceedings of ecclesiastical courts.