Part 31

38. Judges have been put out of their places for refusing to do against their oaths and consciences; others have been so awed that they durst not do their duties, and the better to hold a rod over them, the clause 'Quam diu se bene gesserit' was left out of their patents, and a new clause 'Durante bene placito' inserted.

39. Lawyers have been checked for being faithful to their clients; solicitors and attorneys have been threatened, and some punished, for following lawful suits. And by this means all the approaches to justice were interrupted and forecluded.

40. New oaths have been forced upon the subject against law.

41. New judicatories erected without law. The Council Table have by their orders offered to bind the subjects in their freeholds, estates, suits and actions.

42. The pretended Court of the Earl Marshal was arbitrary and illegal in its being and proceedings.

43. The Chancery, Exchequer Chamber, Court of Wards, and other English Courts, have been grievous in exceeding their jurisdiction.

44. The estate of many families weakened, and some ruined by excessive fines, exacted from them for compositions of wardships.

45. All leases of above a hundred years made to draw on wardship contrary to law.

46. Undue proceedings used in the finding of offices to make the jury find for the King.

47. The Common Law Courts, feeling all men more inclined to seek justice there, where it may be fitted to their own desire, are known frequently to forsake the rules of the Common Law, and straying beyond their bounds, under pretence of equity, to do injustice.

48. Titles of honour, judicial places, sergeantships at law, and other offices have been sold for great sums of money, whereby the common justice of the kingdom hath been much endangered, not only by opening a way of employment in places of great trust, and advantage to men of weak parts, but also by giving occasion to bribery, extortion, partiality, it seldom happening that places ill-gotton are well used.

49. Commissions have been granted for examining the excess of fees, and when great exactions have been discovered, compositions have been made with delinquents, not only for the time past, but likewise for immunity and security in offending for the time to come, which under colour of remedy hath but confirmed and increased the grievance to the subject.

50. The usual course of pricking Sheriffs not observed, but many times Sheriffs made in an extraordinary way, sometimes as a punishment and charge unto them; sometimes such were pricked out as would be instruments to execute whatsoever they would have to be done.

51. The Bishops and the rest of the Clergy did triumph in the suspensions, ex-communications, deprivations, and degradations of divers painful, learned and pious ministers, in the vexation and grievous oppression of great numbers of His Majesty's good subjects.

52. The High Commission grew to such excess of sharpness and severity as was not much less than the Romish Inquisition, and yet in many cases by the Archbishop's power was made much more heavy, being assisted and strengthened by authority of the Council Table.

53. The Bishops and their Courts were as eager in the country; although their jurisdiction could not reach so high in rigour and extremity of punishment, yet were they no less grievous in respect of the generality and multiplicity of vexations, which lighting upon the meaner sort of tradesmen and artificers did impoverish many thousands.

54. And so afflict and trouble others, that great numbers to avoid their miseries departed out of the kingdom, some into New England and other parts of America, others into Holland.

55. Where they have transported their manufactures of cloth, which is not only a loss by diminishing the present stock of the kingdom, but a great mischief by impairing and endangering the loss of that particular trade of clothing, which hath been a plentiful fountain of wealth and honour to this nation.

56. Those were fittest for ecclesiastical preferment, and soonest obtained it, who were most officious in promoting superstition, most virulent in railing against godliness and honesty.

57. The most public and solemn sermons before His Majesty were either to advance prerogative above law, and decry the property of the subject, or full of such kind of invectives.

58. Whereby they might make those odious who sought to maintain the religion, laws and liberties of the kingdom, and such men were sure to be weeded out of the commission of the peace, and out of all other employments of power in the government of the country.

59. Many noble personages were councillors in name, but the power and authority remained in a few of such as were most addicted to this party, whose resolutions and determinations were brought to the table for countenance and execution, and not for debate and deliberation, and no man could offer to oppose them without disgrace and hazard to himself.

60. Nay, all those that did not wholly concur and actively contribute to the furtherance of their designs, though otherwise persons of never so great honour and abilities, were so far from being employed in any place of trust and power, that they were neglected, discountenanced, and upon all occasions injured and oppressed.

61. This faction was grown to that height and entireness of power, that now they began to think of finishing their work, which consisted of these three parts.

62. I. The government must be set free from all restraint of laws concerning our persons and estates.

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63. II. There must be a conjunction between Papists and Protestants in doctrine, discipline and ceremonies; only it must not yet be called Popery.

64. III. The Puritans, under which name they include all those that desire to preserve the laws and liberties of the kingdom, and to maintain religion in the power of it, must be either rooted out of the kingdom with force, or driven out with fear.

65. For the effecting of this it was thought necessary to reduce Scotland to such Popish superstitions and innovations as might make them apt to join with England in that great change which was intended.

66. Whereupon new canons and a new liturgy were pressed upon them, and when they refused to admit of them, an army was raised to force them to it, towards which the Clergy and the Papists were very forward in their contribution.

67. The Scots likewise raised an army for their defence.

68. And when both armies were come together, and ready for a bloody encounter, His Majesty's own gracious disposition, and the counsel of the English nobility and dutiful submission of the Scots, did so far prevail against the evil counsel of others, that a pacification was made, and His Majesty returned with peace and much honour to London.

69. The unexpected reconciliation was most acceptable to all the kingdom, except to the malignant party; whereof the Archbishop and the Earl of Strafford being heads, they and their faction begun to inveigh against the peace, and to aggravate the proceedings of the states, which so increased [incensed?] His Majesty, that he forthwith prepared again for war.

70. And such was their confidence, that having corrupted and distempered the whole frame and government of the kingdom, they did now hope to corrupt that which was the only means to restore all to a right frame and temper again.

71. To which end they persuaded His Majesty to call a Parliament, not to seek counsel and advice of them, but to draw countenance and supply from them, and to engage the whole kingdom in their quarrel.

72. And in the meantime continued all their unjust levies of money, resolving either to make the Parliament pliant to their will, and to establish mischief by a law, or else to break it, and with more colour to go on by violence to take what they could not obtain by consent. The ground alleged for the justification of this war was this,

73. That the undutiful demands of the Parliaments in Scotland was a sufficient reason for His Majesty to take arms against them, without hearing the reason of those demands, and thereupon a new army was prepared against them, their ships were seized in all ports both of England and Ireland, and at sea, their petitions rejected, their commissioners refused audience.

74. The whole kingdom most miserably distempered with levies of men and money, and imprisonments of those who denied to submit to those levies.

75. The Earl of Strafford passed into Ireland, caused the Parliament there to declare against the Scots, to give four subsidies towards that war, and to engage themselves, their lives and fortunes, for the prosecution of it, and gave directions for an army of eight thousand foot and one thousand horse to be levied there, which were for the most part Papists.

76. The Parliament met upon the 13th of April, 1640. The Earl of Strafford and Archbishop of Canterbury, with their party, so prevailed with His Majesty, that the House of Commons was pressed to yield a supply for maintenance of the war with Scotland, before they had provided any relief for the great and pressing grievances of the people, which being against the fundamental privilege and proceeding of Parliament, was yet in humble respect to His Majesty, so far admitted as that they agreed to take the matter of supply into consideration, and two several days it was debated.

77. Twelve subsidies were demanded for the release of ship-money alone, a third day was appointed for conclusion, when the heads of that party begun to fear the people might close with the King, in falsifying his desires of money; but that withal they were like to blast their malicious designs against Scotland, finding them very much indisposed to give any countenance to that war.

78. Thereupon they wickedly advised the King to break off the Parliament and to return to the ways of confusion, in which their own evil intentions were most likely to prosper and succeed.

79. After the Parliament ended the 5th of May, 1640, this party grew so bold as to counsel the King to supply himself out of his subjects' estates by his own power, at his own will, without their consent.

80. The very next day some members of both Houses had their studies and cabinets, yea, their pockets searched: another of them not long after was committed close prisoner for not delivering some petitions which he received by authority of that House.

81. And if harsher courses were intended (as was reported) it is very probable that the sickness of the Earl of Strafford, and the tumultuous rising in Southwark and about Lambeth were the causes that such violent intentions were not brought to execution.

82. A false and scandalous Declaration against the House of Commons was published in His Majesty's name, which yet wrought little effect with the people, but only to manifest the impudence of those who were authors of it.

83. A forced loan of money was attempted in the City of London.

84. The Lord Mayor and Aldermen in their several wards, enjoined to bring in a list of the names of such persons as they judged fit to lend, and of the sums they should lend. And such Aldermen as refused to do so were committed to prison.

85. The Archbishop and the other Bishops and Clergy continued the Convocation, and by a new commission turned it into a provincial Synod, in which, by an unheard-of presumption, they made canons that contain in them many matters contrary to the King's prerogative, to the fundamental laws and statutes of the realm, to the right of Parliaments, to the property and liberty of the subject, and matters tending to sedition and of dangerous consequence, thereby establishing their own usurpations, justifying their altar-worship, and those other superstitious innovations which they formerly introduced without warrant of law.

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86. They imposed a new oath upon divers of His Majesty's subjects, both ecclesiastical and lay, for maintenance of their own tyranny, and laid a great tax on the Clergy, for supply of His Majesty, and generally they showed themselves very affectionate to the war with Scotland, which was by some of them styled 'Bellum Episeopale,' and a prayer composed and enjoined to be read in all churches, calling the Scots rebels, to put the two nations in blood and make them irreconcilable.

87. All those pretended canons and constitutions were armed with the several censures of suspension, excommunication, deprivation, by which they would have thrust out all the good ministers, and most of the well-affected people of the kingdom, and left an easy passage to their own design of reconciliation with Rome.

88. The Popish party enjoyed such exemptions from penal laws as amounted to a toleration, besides many other encouragements and Court favours.

89. They had a Secretary of State, Sir Francis Windebanck, a powerful agent for speeding all their desires.

90. A Pope's Nuncio residing here, to act and govern them according to such influences as he received from Rome, and to intercede for them with the most powerful concurrence of the foreign princes of that religion.

91. By his authority the Papists of all sorts, nobility, gentry, and clergy were convocated after the manner of a Parliament.

92. New jurisdictions were erected of Romish Archbishops, taxes levied, another state moulded within this state independent in government, contrary in interest and affection, secretly corrupting the ignorant or negligent professors of our religion, and closely uniting and combining themselves against such as were found in this posture, waiting for an opportunity by force to destroy those whom they could not hope to seduce.

93. For the effecting whereof they were strengthened with arms and munitions, encouraged by superstitious prayers, enjoined by the Nuncio to be weekly made for the prosperity of some great design.

94. And such power had they at Court, that secretly a commission was issued out, or intended to be issued to some great men of that profession, for the levying of soldiers, and to command and employ them according to private instructions, which we doubt were framed for the advantage of those who were the contrivers of them.

95. His Majesty's treasure was consumed, his revenue anticipated.

96. His servants and officers compelled to lend great sums of money.

97. Multitudes were called to the Council Table, who were tired with long attendances there for refusing illegal payments.

98. The prisons were filled with their commitments; many of the Sheriffs summoned into the Star Chamber, and some imprisoned for not being quick enough in levying the ship-money; the people languished under grief and fear, no visible hope being left but in desperation.

99. The nobility began to weary of their silence and patience, and sensible of the duty and trust which belongs to them: and thereupon some of the most ancient of them did petition His Majesty at such a time, when evil counsels were so strong, that they had occasion to expect more hazard to themselves, than redress of those public evils for which they interceded.

100. Whilst the kingdom was in this agitation and distemper, the Scots, restrained in their trades, impoverished by the loss of many of their ships, bereaved of all possibility of satisfying His Majesty by any naked supplication, entered with a powerful army into the kingdom, and without any hostile act or spoil in the country they passed, more than forcing a passage over the Tyne at Newburn, near Newcastle, possessed themselves of Newcastle, and had a fair opportunity to press on further upon the King's army.

101. But duty and reverence to His Majesty, and brotherly love to the English nation, made them stay there, whereby the King had leisure to entertain better counsels.

102. Wherein God so blessed and directed him that he summoned the Great Council of Peers to meet at York upon the 24th of September, and there declared a Parliament to begin the 3d of November then following.

103. The Scots, the first day of the Great Council, presented an humble Petition to His Majesty, whereupon the Treaty was appointed at Ripon.

104. A present cessation of arms agreed upon, and the full conclusion of all differences referred to the wisdom and care of the Parliament.

105. At our first meeting, all oppositions seemed to vanish, the mischiefs were so evident which those evil counsellors produced, that no man durst stand up to defend them: yet the work itself afforded difficulty enough.

106. The multiplied evils and corruption of fifteen years, strengthened by custom and authority, and the concurrent interest of many powerful delinquents, were now to be brought to judgment and reformation.

107. The King's household was to be provided for:--they had brought him to that want, that he could not supply his ordinary and necessary expenses without the assistance of his people.

108. Two armies were to be paid, which amounted very near to eighty thousand pounds a month.

109. The people were to be tenderly charged, having been formerly exhausted with many burdensome projects.

110. The difficulties seemed to be insuperable, which by the Divine Providence we have overcome. The contrarieties incompatible, which yet in a great measure we have reconciled.

111. Six subsidies have been granted and a Bill of poll-money, which if it be duly levied, may equal six subsidies more, in all £600,000.

112. Besides we have contracted a debt to the Scots of £220,000, yet God hath so blessed the endeavours of this Parliament, that the kingdom is a great gainer by all these charges.

113. The ship-money is abolished, which cost the kingdom about £200,000 a year.

114. The coat and conduct-money, and other military charges are taken away, which in many countries amounted to little less than the ship-money.

115. The monopolies are all suppressed, whereof some few did prejudice the subject, above £1,000,000 yearly.

116. The soap £100,000.

117. The wine £300,000.

118. The leather must needs exceed both, and salt could be no less than that.

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119. Besides the inferior monopolies, which, if they could be exactly computed, would make up a great sum.

120. That which is more beneficial than all this is, that the root of these evils is taken away, which was the arbitrary power pretended to be in His Majesty of taxing the subject, or charging their estates without consent in Parliament, which is now declared to be against law by the judgment of both Houses, and likewise by an Act of Parliament.

121. Another step of great advantage is this, the living grievances, the evil counsellors and actors of these mischiefs have been so quelled.

122. By the justice done upon the Earl of Strafford, the flight of the Lord Finch and Secretary Windebank.

123. The accusation and imprisonment of the Archbishop of Canterbury, of Judge Berkeley; and

124. The impeachment of divers other Bishops and Judges, that it is like not only to be an ease to the present times, but a preservation to the future.

125. The discontinuance of Parliaments is prevented by the Bill for a triennial Parliament, and the abrupt dissolution of this Parliament by another Bill, by which it is provided it shall not be dissolved or adjourned without the consent of both Houses.

126. Which two laws well considered may be thought more advantageous than all the former, because they secure a full operation of the present remedy, and afford a perpetual spring of remedies for the future.

127. The Star Chamber.

128. The High Commission.

129. The Courts of the President and Council in the North were so many forges of misery, oppression and violence, and are all taken away, whereby men are more secured in their persons, liberties and estates, than they could be by any law or example for the regulation of those Courts or terror of the Judges.

130. The immoderate power of the Council Table, and the excessive abuse of that power is so ordered and restrained, that we may well hope that no such things as were frequently done by them, to the prejudice of the public liberty, will appear in future times but only in stories, to give us and our posterity more occasion to praise God for His Majesty's goodness, and the faithful endeavours of this Parliament.

131. The canons and power of canon-making are blasted by the votes of both Houses.

132. The exorbitant power of Bishops and their courts are much abated, by some provisions in the Bill against the High Commission Court, the authors of the many innovations in doctrine and ceremonies.

133. The ministers that have been scandalous in their lives, have been so terrified in just complaints and accusations, that we may well hope they will be more modest for the time to come; either inwardly convicted by the sight of their own folly, or outwardly restrained by the fear of punishment.

134. The forests are by a good law reduced to their right bounds.

135. The encroachments and oppressions of the Stannary Courts, the extortions of the clerk of the market.

136. And the compulsion of the subject to receive the Order of Knighthood against his will, paying of fines for not receiving it, and the vexatious proceedings thereupon for levying of those fines, are by other beneficial laws reformed and prevented.

137. Many excellent laws and provisions are in preparation for removing the inordinate power, vexation and usurpation of Bishops, for reforming the pride and idleness of many of the clergy, for easing the people of unnecessary ceremonies in religion, for censuring and removing unworthy and unprofitable ministers, and for maintaining godly and diligent preachers through the kingdom.

138. Other things of main importance for the good of this kingdom are in proposition, though little could hitherto be done in regard of the many other more pressing businesses, which yet before the end of this Session we hope may receive some progress and perfection.

139. The establishing and ordering the King's revenue, that so the abuse of officers and superfluity of expenses may be cut off, and the necessary disbursements for His Majesty's honour, the defence and government of the kingdom, may be more certainly provided for.

140. The regulating of courts of justice, and abridging both the delays and charges of lawsuits.

141. The settling of some good courses for preventing the exportation of gold and silver, and the inequality of exchanges between us and other nations, for the advancing of native commodities, increase of our manufactures, and well balancing of trade, whereby the stock of the kingdom may be increased, or at least kept from impairing, as through neglect hereof it hath done for many years last past.

142. Improving the herring-fishing upon our coasts, which will be of mighty use in the employment of the poor, and a plentiful nursery of mariners for enabling the kingdom in any great action.