All such persons as have just cause to complaine against priviledges and protections (claimed by the Parliament, the Nobility, Gentry, King, Queen, or Princes Servants, persons of quality, or others) are desired to come to Sadlers Hall in Cheapside, London, upon Wednesday next, by two of the clocke, being the 21. of this present Iuly 1641.
And you are likewise desired to bring with you your particular grievances in writing at the same time.
CERTAINE PETITIONS PRESENTED BY THE LORDMAIOR, AND COMMONALTY OF The Citie of LONDON, To the Honorable House of Commons, SHEWING. The great Inconveniences of Protections, Priviledges and Priviledged Places, with the Allegations and Reasons tendred by the Committees, appointed by Common Councell of the City of London, against the same: being Voted by a Committee of the Lower HOUSE.
LONDON, Printed for George Badger, 1641.
To the Honorable Assembly of the Knights, Citizens and Burgesses, in the Commons House of PARLIAMENT: The humble Petition of the Lord Maior and Commonalty of the City of LONDON.
SHEWETH, That your Petitioners, by reason of their Trades and dealings, are the greatest Creditors in the Kingdome; That before, but chiefly since the Sitting downe of this Parliament, they finde the multitude of Priviledges and Protections, Claimed by the Parliament, the Nobility, Gentry, his Majesties Servants, Persons of Quality, and others, to be such, as for the most part take away all benefit of Law from your Petitioners, you may be pleased to Consider, that his Majestie, and this Honorable Court are the Fountaines of Justice, from whence the proprietie of every Subjects estate is derived, And seriously to take into consideration, that Parliaments continuing long, or comming often, these Inconveniences, and mischiefes will follow:
- 1. Propriety will not be maintained, because the Debtor is made master of the Creditors Estate.
- 2. The want of that liberall Credite, which hath formerly been given to Persons of Quality.
- 3. The great decay of Trade, wherein every member of this Kingdome, from the highest to the lowest, hath his common Interest.
- 4. And without some present remedy, there must necessarily follow, the destruction of many Families, their meanes being detained from them.
Your Petitioners therefore humbly desire, that by the Wisedome and Justice of this Honorable House, such course may be taken, That these Inconveniences may be removed.
And they shall pray, &c.
To the Right Honorable, the Knights, Citizens and Burgesses, in the Commons House of PARLIAMENT, Assembled: The humble Petition of those whose names are under written, being Citizens and Tradesmen, of the City of LONDON.
SHEWING, That we lately making our griefes knowne to the Lord Major, Aldermen, and Common Councell of London, they were pleased to intercede to this Honorable House, by an humble Petition against Priviledges and Protections, whereby as yet we find no fruit or benefit: We therefore humbly desire, That that Petition, and the reasons therein given, may be taken into serious consideration: And be pleased further to consider, that wee and our Families are not able to subsist, neither are we able to beare the great and publike charge, already imposed, and to be imposed, our means being detained from us, And these which prosecute in a faire and legall way, just and honest debts, being therefore Severely punished.
Humbly therefore doe your Petitioners desire this Honorable House, which hath ever maintained the Common Iustice of the Kingdome, and still provided remedies against great and growing evills, to doe therein such Iustice, as your Wisedomes shall hold agreeable to the Law of God, and Reason; And your Petitioners shall ever pray for the prosperitie of you, and your honorable proceedings,
REASONS, Tendered by the Committee, appointed by Common Councell of the Citie of LONDON, against Protections, Priviledges, and Priviledged Places for De [...]tors, to make good the Propositions, and Allegations set forth in their Petition, presented to the Honorable Honse of COMMONS, against Protections.
ALLEGATION. I.
PRoprietie will not be maintained, because the debtor is made Master of the Creditors Estate.
REASON.
For that the Creditor taking his legall course agalnst the Debtor, in stead of receiving satisfaction for his debt, is oftentimes both he and the Officers, imprisoned, and the Debtor discharged: which doth not not only discourage many Creditors in taking course for their owne estates, but greatly incourage others to run into debt, and the Creditor is also hereby disabled to satisfie his severall ingagements.
ALLEGATION. II
The want of that liberal Credit, w
ch hath been formerly given to Persons of quality.
REASON.
For that the Creditor cannot receive back the estate, by him trusted forth. And we beleeve that this Honorable House is in good measure sensible hereof.
ALLEGATION. III.
The great decay of Trade, wherein every member of this Kingdome, from the highest to the lowest, hath his common interest.
REASON.
For that the Commodities of Draperie and others, being carried out of this Kingdome, are againe returned into the Kingdome, in Silke, Linnen and other Wares, which by Merchants are trusted forth to Shop-keepers, and by them to sundry other persons, & by reason of Priviledges, Protections, and Priviledged places, preventing due payments of moneys, the trade both within the Kingdom, & into For raign parts, is much hindered and abated, Merchants and others being by such wayes kept from their estates, to pay their debts, and to buy other native Commodities, fit for exportation: and upon examination, it is found, that in the yeere now last past, there hath not been so much moneys laid out in Trade to Forreign parts, by many hundred thousands of pounds, as hath been in a like equall time formerly.
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ALLEGATION. IV.
And without some present remedie there nust necessarily follow the destruction of many Families, their means being detained from them.
REASON.
This the Citie hath sufficient experience of, there being divers Artificers, who formerly lived in good credit and fashion, and were able to give towards the maintenance of the Poore, who are now by reason of Priviledges, Protections, and Priviledged places, keeping their Estates from them, fallen into want and penury, and not able to support themselves; and others of better quality, who did formerly keep divers persons and Fami
[...]ies in constant imployments, are by reason of the said Priviledges, Protections, and Priviledged Places, hindring them of their Estates, much fallen, both in their Trades and Credits.
That some principall Merchants of the Citie of London, writing to Friends into forreign parts, for about One hundred thousand Pounds, to furnish the necessitie of the State withall, were from them answered, that they were afraid to send their moneys, because they could not command the same back againe at their pleasures, by reason of Priviledges, Priviledged places, and Protections so generally granted. And it is a generall complaint of Strangers here, that whereas our Merchants trading into forreign parts, have libertie and freedome without interruption, to recover their debts against Persons of greatest qualitie and Estate, Strangers residing and trading in this Kingdome, have not the like libertie against the meanest Subject in it, by reason of Priviledges, Protections, and Priviledged places: the like whereof (by consent of all Merchants, with whom we have conserred) is not granted in any place whatsoever, neither to Nobles nor others.
Besides the great prejudice and inconvenience to the Common Trade of the Kingdome, and to many particular persons alledged in the Propositions before mentioned, it will cleerely appeare by the multitude of Protections, Priviledges, and Priviledged places, whereof use is made at this present, by debtors, to shelter themselves from payment of their just debts, whereof to the number of a thousand, came to our knowledge within the compasse of a few houres, and are particularly collected and distinguished in writing, and many more will appeare, if further way may be given to an inquiry after them. And by credible information, the debts owing by some of the Nobility of this Kingdome (which the Creditors are inforced to forbeare by reason of Priviledge, not reckoning within this estimate, any other debts, either of Lords or Commons) doe amount to above a Million, which Summe (as is conceived) if it might be gotten in, and imployed, would drive a greater Trade than is driven by all the Merchants in London put together. By which estimate, the masse of Money withheld from Creditors by their Debtors, under colour and pretence of Priviledges, Protections, and Priviledged places, against Law, and the right and propertie of the Subject, the miscarriage of Trade and Creditors, is more evidently represented.
Moreover, it is humbly conceived, That whereas divers estates of Nobilitie and Gentry are clogged with vast debts and incumbrances, Young heires, and persons of Quality would be carefull how they run into so deep debts, if these wayes to evade the just and honest payment of them were taken away. And lastly, we humbly represent that (as Parliaments are now setled by the wisedome of the King and State) these Priviledges, Protections, and Priviledged places are a greater burthen to the [Page 5] Citie of London, a greater grievance, and of worse consequence to the generall Trade of the Kingdome, than the Patents of Sope, Leather, Salt, or that great and unsupportable burthen of Ship-money.
WEE are informed, that in Spaine and Portuga'l, all mens estates are alike subject to pay debts, but every Nobleman and Gentleman, his person is free, and his bed that he lyeth on, and his horse allowed him, but all else is subject to pay debts, and one may have Sentence for a just and true debt, a bill or bond, in 27 dayes, and then the Creditor may goe without an Officer into the Debtors house (Yea, though he be a Nobleman) and take the Plate from his Table, and take downe his Hangings, and carry them away, with what else he sindes, and sell them at an outcry, and take the money in part of his debt, and likewise Sequester the whole Rents, or Revenews of his Lands, till the debt be fully satisfied. Sanctuary cannot defend a Priest from payment of his debts, though it guard his person; An Englishman hath there caused his slipend or Rent bel [...]nging to him, for his maintenance, to be Sequestred for the payment of his debts.
Duke DALVA, his Plate was taken out of his house for payment of his debts.
In Florence, Ligorne, Pisa, and the rest of the Duke of Florence his dominions, No Nobleman or Gentleman is any way Priviledged or Protected more than others, but all men there are subject to the Law alike, and for a just debt, a bill or bond, hee must pay presently, or goe to Prison without suit of Law; only he is called before the Iudge, and if he ca [...]not denie the debt, he is forthwith sent to prison, there to remaine untill the debt be paid; no man there was ever Priviledged or Protected, except upon some great occasion. The Great Duke hath sometimes protected the persons of Strangers for some short time, but never his owne Subjects
In the Vnited Provinces, Holland, Zeland, and the rest, all persons are alike subject to the payment of de [...]ts, none are Protected or Priviledged, of what Qualitie soever; no not the States themselves: Souldiers only are excepted in their Persons, so long as they are in pay, and imployment; but their Rents, Revenews, their goods, their wages, is lyable, and may be sequestred and taken for payment of their debts.
In Flanders, and in Brabant it is the like. In Geneva no men whatsoever are priviledged from payment of their debts, but at all times, all persons are subject to one Common Law: and for a just debt, a bill or bond, one may have Sentence in Geneva in a moneth at the furthest, both against their persons and estates; there it is held a great disreputation, not to pay their debts, and the Law is, that if any be chosen Senators, and is sued for debt, that he doth not pay, he must leave his gowne, and cannot be admitted.
In Germanie, no Noblemen or Gentlemen are Priviledged, or Protected: it hath been knowne that at Hamborow, or neere that place, a Noblemans goods, or estate hath been sold for payment of his debts; and having not enough to satisfie, they sold his honor likewise.
SEXTVS QVINTVS the Pope made a law, that no Cardinall should have a voice in the Conclave, at the Election of a Pope, if he owed any money, or were [Page 6] indebted, which custome is still in use. And this SEXTVS QVINTVS, was Pope in Queene ELIZABETHS daies.
In Scotland, neither the Kings Service, the Court, not the Parliament can Protect the Person or Estate of any man, neither Nobleman or Gentleman, from payment of his Debts, or the Prosecution of Law against him.