The ninth general head was—that the authority and wisdom of the council table have been applied to the contriving and managing of several monopolies, and other great grievances. The institution of the council-table was much for the advantage and security of the subject, to avoid surreptitious and precipitate courts in the great affairs of the kingdom. But by law an oath should be taken by all those of the King’s council, in which, amongst other things it is expressed that they should for no cause forbear to do right to all the King’s people. If such an oath be not now taken, he wished it might be brought into use again.
It was the honor of that table, to be, as it were, incorporated with the King; his royal power and greatness did shine most conspicuously in their actions and in their counsels. We have heard of projectors and referees heretofore; and what opinion and relish they have found in this House is not unknown.[25] But that any such thing should be acted by the council-table which might give strength and countenance to monopolies, as it hath not been used till now of late, so it cannot be apprehended without the just grief of the honest subject, and encouragement of those who are ill affected. He remembered that in tertio of this king, a noble gentleman, then a very worthy member of the Commons’ House, now a great lord and eminent counsellor of State, did in this place declare an opinion concerning that clause used to be inserted in patents of monopoly, whereby justices of peace are commanded to assist the patentees; and that he urged it to be a great dishonor to those gentlemen which are in commission to be so meanly employed—with how much more reason may we, in jealousy of the honor of the council-table, humbly desire that their precious time, their great abilities, designed to the public care and service of the kingdom, may not receive such a stain, such a diminution as to be employed in matters of so ill report, in the estimation of the law; of so ill effect in the apprehension of the people!
The tenth head of civil grievances was comprised in the high court of star chamber, which some think succeeded that which in the parliament rolls is called magnum concilium, and to which parliaments were wont so often to refer those important matters which they had no time to determine. But now this court, which in the late restoration or erection of it in Henry VII.’s time, was especially designed to restrain the oppression of great men, and to remove the obstructions and impediments of the law,—this, which is both a court of counsel and a court of justice—hath been made an instrument of erecting and defending monopolies and other grievances; to set a face of right upon those things which are unlawful in their own nature; a face of public good upon such as are pernicious in their use and execution. The soap-patent and divers other evidences thereof may be given, so well known as not to require a particular relation. And as if this were not enough, this court hath lately intermeddled with the ship money! divers sheriffs have been questioned for not levying and collecting such sums as their counties have been 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 the State shall require!
The eleventh head of civil grievance was now come to. He said, he was gone very high, yet he must go a little higher. That great and most eminent power of the King, of making edicts and proclamations, which are said to be leges temporis, and by means of which our princes have used to encounter with such sudden and unexpected danger, as would not endure so much delay, as assembling the great council of the kingdom—this, which is one of the most glorious beams of majesty, most rigorous in commanding reverence and subjection, hath, to our unspeakable grief, been often exercised of late for the enjoining and maintaining sundry monopolies and other grants; exceeding burdensome and prejudicial to the people.
The twelfth next. Now, although he was come as high as he could upon earth, yet the presumption of evil men did lead him one step higher—even as high as heaven—as high as the throne of God! It was now (he said) grown common for ambitious and corrupt men of the clergy to abuse the truth of God and the bond of conscience; preaching down the laws and liberties of the kingdom; and pretending divine authority for an absolute power in the King, to do what he would with our persons and goods. This hath been so often published in sermons and printed books, that it is now the highway to preferment!
In the last parliament we had a sentence of an offence of this kind against one Manwaring, then a doctor, now a bishop; concerning whom (he said) he would say no more but this, that when he saw him at that bar, in the most humble and dejected posture that ever he observed, he thought he would not so soon have leaped into a bishop’s chair! But his success hath emboldened others; therefore (he said) this may well be noted as a double grievance, that such doctrine should be allowed, and that such men should be preferred; yea, as a root of grievances, whereby they endeavor to corrupt the King’s conscience, and, as much as in them lies, to deprive the people of that royal protection to which his Majesty is bound by the fundamental laws of the kingdom, and by his own personal oath.
The thirteenth head of civil grievences he would thus express: The long intermission of parliaments, contrary to the two statutes yet in force, whereby it is appointed there should be parliaments once a year, at the least; and most contrary to the public good of the kingdom; since, this being well remedied, it would generate remedies for all the rest.
Having gone through the several heads of grievances, he came to the second main branch, propounded in the beginning; that the disorders from whence these grievances issued were as hurtful to the King as to the people, of which he gave divers reasons.
1. The interruption of the sweet communion which ought to be betwixt the King and his people, in matters of grace and supply. They have need of him by his general pardon; to be secured from projectors and informers; to be freed from obsolete laws; from the subtle devices of such as seek to restrain the prerogative to their own private advantage, and the public hurt; and he hath need of them for counsel and support in great and extraordinary occasions. This mutual intercourse, if indeed sustained, would so weave the affections and interests of his subjects into his actions and designs that their wealth and their persons would be his; his own estate would be managed to most advantage; and public undertakings would be prosecuted at the charge and adventure of the subject. The victorious attempts in Queen Elizabeth’s time upon Portugal, Spain, and the Indies, were for the greatest part made upon the subjects’ purses, and not upon the Queen’s; though the honor and profit of the success did most accrue to her.
2. Those often breaches and discontentments betwixt the King and the people are very apt to diminish his reputation abroad, and disadvantage his treaties and alliances.