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<DATE>2011-05-17</DATE>
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<NAME>Susie Lorand</NAME>
<RESP>MURP</RESP>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE RIGHTS OF THE PEOPLE Concerning IMPOSITIONS, Stated in a learned ARGUMENT; WITH A Remon&s;trance pre&s;ent|ed to the Kings mo&s;t excellent Maje&s;ty, by the Honorable Hou&s;e of Commons, in the Parliament, <HI>An. Dom.</HI> 1610. <HI>Anno&abque; Regis Jac.</HI> 7.</P>
<P>By a late eminent Judge of this Nation.</P>
<P><HI>LONDON,</HI> Printed for <HI>William Leak,</HI> at the Crown in Fleet&s;treet, betwixt the two Temple-Gates. 1658.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2">
<HEAD>TO THE Courteous READER.</HEAD>
<P>THis excellent Treati&s;e of the no le&s;s worthy Author, happily falling into my hands, I in|&s;tantly thought it my duty to make that publick, which had given &s;o much u&s;eful &s;atisfaction to ma|ny learned, and judicious, in private; remembring that antient Adage, <HI>Bonum qu&ograve; communius, e&ograve; prae&s;tantius</HI></P>
<P>I hope it is needle&s;s to commend either the Rever|end Author decea&s;ed, the Treati&s;e, its u&s;e, or &s;tile; &s;ince the Authority by which it is publi&s;hed, is a &s;uf|ficient argument of their known worth.</P>
<P>If thou kindly accept of his good meaning, who&s;e onely aim in the publi&s;hing hereof was the Common good, it will be an encouragement to him (and others) to pre&s;ent to thy view, what may hereafter fall into his hands worthy thy further peru&s;al.</P>
<CLOSER><SIGNED><HI>Thine;</HI> J. B.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="license">
<PB REF="3">
<OPENER><DATELINE><DATE>20. <HI>Maii.</HI> 1641.</DATE></DATELINE></OPENER>
<P>AT a Committee appointed by the Ho|nourable Hou&s;e of Commons, for ex|amination of Books, and of the licencing and &s;uppre&s;&s;ing of them, <HI>&amp;c.</HI></P>
<P>It is Ordered, That this Treati&s;e be publi&s;hed in Print.</P>
<CLOSER><SIGNED>Sir <HI>Edward Deering,</HI> Kt. and Baronet.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="publisher's advertisement">
<P>&rindx; <HI>There is lately come forth, An exact Abridg|ment of the Records in the Tower of</HI> London, <HI>from the reign of King</HI> Edward <HI>the Second, unto</HI> Rich|ard <HI>the Third, of all the Parliaments holden in each Kings reign, and the &s;everal Acts in every Par|liament, together with the Names and Titles of all the Dukes, Marque&s;&s;es, Earls, Vi&s;counts and Ba|rons &s;ummoned to every of the &s;aid Parliaments. Collected by Sir</HI> Robert Cotton, <HI>Knight and Baro|net. And are to be &s;old by</HI> William Leak <HI>at the Crown in Fleetstreet, betwixt the two Temple gates.</HI></P>
</DIV1>
<DIV1 TYPE="remonstrance">
<PB REF="3">
<HEAD>A Remon&s;trance delivered to His Maje&s;ty in writing, after the inhibition given by Him to the Commons Hou&s;e of Parliament, a&s;well by word of mouth, as by Letters, not to proceed in the examining his Right to Impo&s;e with|out a&s;&s;ent of Parliament.</HEAD>
<HEAD TYPE="sub">To the Kings mo&s;t excellent Maje&s;ty. </HEAD>
<OPENER><SALUTE>Mo&s;t gracious Sovereign,</SALUTE></OPENER>
<P>_WHereas we your Ma|je&s;ties mo&s;t humble Subjects, the Com|mons a&s;&s;embled in Parlia|ment, have received fir&s;t by me&s;&s;age, and &s;ince by &s;peech from your Maje&s;ty a com|mand of re&s;traint, from de|bating
<PB REF="4">in Parliament your Maje&s;ties right of Impo&s;ing upon your Subjects goods exported, or imported out of, or into this Realm; yet allowing us to examine the grievance of the&s;e Impo&s;iti|ons in regard of quantity, time, and other circum&s;tances of di&s;proportion thereto in|cident: We your &s;aid hum|ble Subjects nothing doubt|ing but that your Maje&s;ty had no intent by that com|mand to infringe the antient and fundamental right of the Liberty of Parliament in point of exact di&s;cu&s;&s;ing of all matters concerning them, and their po&s;&s;e&s;&s;ions, goods, and
<PB REF="4">rights what&s;oever, which yet we cannot but conceive to be done in effect by this com|mand, do with all humble du|ty make this Remon&s;trance unto your Maje&s;ty.</P>
<P>Fir&s;t, We hold it an anti|ent, general and undoubted right of Parliament, to de|bate freely all matters which do properly concern the Sub|ject, and his right or e&s;tate; which freedom of debate be|ing once fore-clo&s;ed, the e&s;|&s;ence of the liberty of Parlia|ment is withthal di&s;&s;olved.</P>
<P>And whereas in this ca&s;e the Subjects right on the one &s;ide, and your Maje&s;ties Pre|rogatives on the other, cannot
<PB REF="5">po&s;&s;ibly be &s;evered in debate of either: We alledge that your Maje&s;ties Prerogatives of that kinde concerning di|rectly the Subjects right and intere&s;t, are daily handled and di&s;cu&s;&s;ed in all Courts at <HI>We&s;tminster,</HI> and have been ever freely debated upon all fit occa&s;ions, both in this and all other former Parli|aments, without re&s;traint; which being forbidden, it is impo&s;&s;ible for the Subject, either to know, or to main|tain his Right and Propriety to his own Lands and Goods, though never &s;o ju&s;t and ma|nife&s;t.</P>
<P>It may further plea&s;e your
<PB REF="5">mo&s;t excellent Maje&s;ty to under&s;tand, that we have no minde to impugn, but a de|fire to inform our &s;elves of your Highne&s;s Prerogative in that point, which (if ever) is now mo&s;t nece&s;&s;ary to be known; and though it were to no other purpo&s;e, yet to &s;atisfie the generality of your Maje&s;ties Subjects, who finding them&s;elves much grieved by the&s;e new Impo&s;i|tions, do langui&s;h in much &s;orrow and di&s;comfort</P>
<P>The&s;e Rea&s;ons (Dread So|vereign) being the proper Rea&s;ons of Parliament, do plead for the upholding of this our antient Right and
<PB REF="6">Liberty. Howbeit &s;eeing it hath plea&s;ed your Maje&s;ty to in&s;i&s;t upon that Judgment in the Exchequer, as being di|rection &s;ufficient for us with|out further examination: Upon great de&s;ire of leaving your Maje&s;ty un&s;atisfied in no one point of one of our in|tents and proceedings, We profe&s;s touching that Judge|ment, that we neither do nor will take upon us to rever&s;e it; but our de&s;ire is to know the Rea&s;ons whereupon the &s;ame was grounded; and the rather for that a general con|ceit is had, That the Rea&s;ons of that Judgement may be extended much further, even
<PB REF="6">to the utter ruine of the an|tient liberty of this Kingdom, and of your Subjects Right of propriety to their Goods and Lands.</P>
<P>Then for the Judgment it &s;elf, being the fir&s;t and la&s;t that ever was given in that kind (for ought appearing unto us,) and being onely in one Ca&s;e, and again&s;t one man, it can binde in law no o|ther, but that per&s;on; and is al&s;o rever&s;ible by Writ of error granted heretofore by Act of Parliament; and nei|ther he nor any other Subject is debarred by it, from trying his Right in the &s;ame or like ca&s;e, in any of your Maje&s;ties
<PB REF="7">Courts of Record at <HI>We&s;t|min&s;ter.</HI></P>
<P>La&s;tly, We nothing doubt, but our intended proceeding in a full examination of the right, nature, and mea&s;ure of the&s;e new Impo&s;itions (if this re&s;traint had not come be|tween) &s;hould have been &s;o orderly and &s;o moderately carried and imployed to the manifold nece&s;&s;ities of the&s;e times, and given your Maje|&s;ty &s;o true a view of the &s;tate and right of your Sub|jects, that it would have been much to your Maje|&s;tres content and &s;atisfaction, (which we mo&s;t de&s;ire,) and removed all cau&s;es of fears
<PB REF="7">and jealou&s;ies from the loyal hearts of your Subjects, which is (as it ought to be) our care|ful endeavour: Whereas con|trariwi&s;e in that other way di|rected by your Maje&s;ty, we cannot &s;afely proceed with|out concluding for ever the right of the Subject, which without due examination thereof we may not do.</P>
<P>We therefore your loyal and dutiful Commons; not &s;werving from the approved &s;teps of our Ance&s;tors, mo&s;t humbly and in&s;tantly be&s;eech your gracious Maje&s;ty, that without offence to the &s;ame, we may according to the undoubted Right and Li|berty
<PB REF="8">of Parliament, proceed in our intended cour&s;e of a full examination of the&s;e Impo&s;itions; That &s;o we may chearfully pa&s;s on to your Maje&s;ties bu&s;ine&s;s, from which this &s;top hath by diver|&s;ion &s;o long with-held us. And we your Maje&s;ties mo&s;t humble, faithful, and loyal Subjects, &s;hall ever (ac|cording to our bounden du|ty) pray for your Maje&s;ties long and happy reign over us.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="8">
<HEAD>The que&s;tion is, whether the King, without a&s;&s;ent of Par|liament, may &s;et impo&s;itions upon the wares and goods of merchants exported, and im|ported, out of, and into this Realme.</HEAD>
<P>_THree things have been de|bated in this Parliament, that have much concer|ned the right of our whole Nation, of which every one of them hath exceed|ed the other by a gradation in weight and moment.</P>
<P>The fir&s;t, was the change of our name, which was a point of honour, wherein we &s;hewed our &s;elves not willing to leave
<PB N="2" REF="9">that name, by which our ance&s;tors made our Nation famous:
<NOTE PLACE="marg">The name of Britaine not ad|mitted in legall proceed|ings.</NOTE> yet have we lo&s;t it, &s;aving onely in tho&s;e ca&s;es where our ancient and faithfull Protector, the Com|mon Law doth retaine it.</P>
<P>The &s;econd was the union; a que&s;tion of greater moment, for that concerned the freehold of our whole Nation, not in &s;o high a point as having, or not having; but in point of Divi&s;ion and participation, that is, whether we &s;hould enjoy the be|nefits and liberties of the kingdome our &s;elves onely as we and our ance&s;tors have done, or admit our neighbour Nation to have equall right in them, and &s;o make our own part the le&s;s, by how much the greater number &s;hould be among whom the Di|vi&s;ion was to be made.
<NOTE PLACE="marg">Coke <HI>l.</HI> 7. Calvins ca&s;e.</NOTE> This was adjudged again&s;t us both Legally and Solemnly, and therefore in that we re&s;t, hoping of that effect of this judgement which we read of in the Poet,
<Q LANG="lat">Tros Tyriu&s;que mihi nullo di&s;crimine habe|tur.
<NOTE PLACE="marg">Virgil. Aen. l. 1. Dido's <HI>&s;peech to</HI> Aeneas.</NOTE></Q></P>
<P>The third is the que&s;tion now in hand, which exceedeth the other two in impor|tance
<PB N="3" REF="9">&amp; con&s;equence, concerning the whole kingdome; for it is a que&s;tion of our very e&s;&s;ence, not what we &s;hall be called, nor how we &s;hall divide that we have, but whether we &s;hall have any thing or no|thing: for if there be a right in the King to alter the property of that which is ours without our con&s;ent, we are but te|nants at his will of that which we have. If it be in the King and Parliament, Then have we propertie, and are Tenants at our own will: for that which is done in Parliament, is done by all our wills and con&s;ents. And this is the very &s;tate of the que&s;tion which is propo&s;ed, that is, whether the King may impo&s;e without con&s;ent of Parliament.</P>
<P>Impo&s;itions are of two natures, <HI>Forreine,</HI> and <HI>Inte&s;tine.</HI></P>
<P>Inte&s;tine, be tho&s;e which are rai&s;ed within our land in the commerce and deal|ing that is at home within our &s;elves, and may a&s;well for that rea&s;on be &s;o call|ed, as for that <HI>ve&s;cuntur inte&s;tinis Rei|publicae,</HI> They are fed and nouri&s;hed with the con&s;uming and wa&s;ting of the entralls of the Common wealth. Again&s;t the&s;e I need not to &s;peake; for the
<PB N="4" REF="10">Kings learned Councell have with great honour and con&s;cience in full Councell acknowledged them to be again&s;t the law.</P>
<P>Therefore I will apply my &s;elf to &s;peak of impo&s;itions forreigne, being the &s;ingle que&s;tion now in hand, and maintained on the Kings behalfe with great art and eloquence.</P>
<P>The inconvenience of the&s;e impo&s;iti|ons to the Common-wealth, that is, how hurtfull they are to the Merchants, in impoveri&s;hing them in their e&s;tates; to the King in the increa&s;ing of his reve|nues by decay of traffique, and to the whole people in making all commodities exce&s;&s;ive deare, is confe&s;&s;ed by all, and therefore need no debate. The point of right is now only in que&s;tion, and of that I will &s;peak with con&s;cience and integrity, rather de&s;irous that the truth may be knowne, and right be done, than that the opinion of my &s;elf or any other may prevaile.</P>
<P>The occa&s;ion of this que&s;tion was given by the book of rates lately &s;et out, affronted with the copy of Letters Pa|tents, dated <HI>July</HI> 28.6. <HI>Jac.</HI> In
<PB N="5" REF="10">which book, be&s;ides the rates, is &s;et down every kind of merchandi&s;e, ex|ported and imported, for the true an&s;wer|ing of &s;ub&s;idy to the King, according to the Statute of Tonnage and Poundage.</P>
<P>In the fir&s;t yeare of his reigne there is an addition of impo&s;itions upon all tho&s;e kind of wares, which within the book are expre&s;&s;ed, and the rate of the impo|&s;ition as high and in &s;ome ca&s;es higher than the rate of the &s;ub&s;idy: And this de|clared to be by authority of tho&s;e Letters Patents. Hereupon con&s;idering with my &s;elfe, that heretofore the &s;etting on of one only impo&s;ition without a&s;&s;ent of Parliament, upon &s;ome one kinde of mer|chandi&s;e, and that for a &s;mall time, and upon urgent nece&s;&s;ity of actuall war, did &s;o affect our whole Nation, and e&s;pecially the great Councel of the Parliament, be|ing the Repre&s;entative body of the whole Common-wealth, that neither the &s;un did &s;hine, nor the rivers run their cour&s;es until it was taken off by the publick judg|ment of the whole State.</P>
<P>I thought it concerned me, and other members of that Councell, that were no le&s;s tru&s;ted for our Countrey,
<PB N="6" REF="11">than tho&s;e in former times, and have their actions to guide and direct us, to have the &s;ame care they had in pre&s;erving the right and liberties of the people, having now more cau&s;e then they had, for that the impo&s;itions now &s;et on without a&s;&s;ent of Parliament, are not upon one or two &s;peciall kinds of goods, but almo&s;t inde|finite upon all, and do extend to the num|ber of many hundreds, as appeareth by that printed book of rates, and are &s;et in charge upon the whole kingdome as an inheritance to continue to the King, his heires and &s;ucce&s;&s;ors for ever: which limitation of e&s;tate in matter of impo&s;iti|ons was never heard of, nor read of be|fore, as I conceive.</P>
<P>The inducements expre&s;&s;ed in the&s;e Letters Patents are much upon point of State, and with reference to the rights and practice of fortaine Princes; For this I will not take upon me to enter into the con&s;ideration of &s;uch great my&s;teries of policie, and government, but will only put you in minde of that I ob&s;erve out of <HI>Tit.
<NOTE PLACE="marg">Tit. Liv. l. 8.</NOTE> Livius</HI> the Romane <HI>Hi&s;toriographer: <Q LANG="lat">Om|nem divini humanique moris memoriam abolemus, cum nova peregrinaque patriis &amp; pri&s;cis praeferimus.</Q></HI></P>
<PB N="7" REF="11">
<P>To that which hath been &s;poken for the Kings Prerogative, I will give an&s;wer to &s;o much of it as I may conveniently in my pa&s;&s;age through this debate: where|in I will principally endeavor to give &s;a|tisfaction to &s;uch new objections as were made by the worthie and learned Coun|&s;ellor of the King that &s;pake la&s;t, in main|tenance of his Maje&s;ties Prerogative.</P>
<P>The ca&s;e in termes is this:
<NOTE PLACE="marg">Pat. July 28. <HI>Iac.</HI> 6.</NOTE> The King by his Letters Patents before recited, hath ordained willed, and commanded that the&s;e new impo&s;itions contained in that book of rates &s;hall be for ever hereafter payd unto him, his Heires, and Succe&s;&s;ors, upon paine of his di&s;plea&s;ure: Hereupon the que&s;tion ari&s;eth whether by this Edict and Ordinance &s;o made by the King him&s;elfe, by his Letters Patents of his own will and power ab&s;olute, without a&s;&s;ent of Parliament, he be &s;o lawfully intitu|led to that he doth impo&s;e, as that there|by he doth alter the property of his &s;ub|jects goods, and is enabled to recover the&s;e impo&s;ition, by cour&s;e of Law.</P>
<P>I think he cannot; and I ground my opinion upon the&s;e foure rea&s;ons.</P>
<P N="1">1. It is again&s;t the naturall frame and
<PB N="8" REF="12">con&s;titution of the policie of this king|dome, which is <HI>jus publicum regni,</HI> and &s;o &s;ubverteth the fundamentall Law of the Realme, and induceth a new forme of &s;tate and government.</P>
<P N="2">2. It is again&s;t the municipall Law of the Land, which is <HI>jus privatum,</HI> the Law of property and of private right.</P>
<P N="3">3. It is again&s;t divers Statutes made to re&s;traine our King in this point.</P>
<P N="4">4. It is again&s;t the practice and action of our Common wealth, <HI>contra morem majorum;</HI> and this is the mode&s;te&s;t rule to limit both Kings Prerogatives, and Subjects Liberties.</P>
<P>Upon the fir&s;t, and fourth of the&s;e foure principal grounds I will more in&s;i&s;t then upon the &s;econd and third, both for that in their own nature they are a more proper matter for a Councel of State, to the judgement of which I apply my di&s;cour&s;e (and they have not been en|forced by others:) As al&s;o for that the other two (as more fit for a barre, and the Courts of ordinary ju&s;tice) have by &s;ome profe&s;&s;ors of the Law been already mo&s;t leardnedly and exqui&s;itely di&s;|cu&s;&s;ed.</P>
<PB N="9" REF="12">
<P>For the fir&s;t: it will be admitted for a rule, and ground of State, that in e|very Common-wealth and government there be &s;ome rights of Soveraignty, <HI>jura Maje&s;tatis,</HI> which regularly, and of common right doe belong to the So|veraign power of that State; unle&s;s Cu&s;t|ome, or the provi&s;ional ordinance of that State doe otherwi&s;e di&s;po&s;e of them: which Soveraigne power is <HI>pote&s;tas &s;upre|ma,</HI> a power that can controule all o|ther powers, and cannot be controuled but by it &s;elf</P>
<P>It will not be denied that the power of impo&s;ing hath &s;o great a tru&s;t in It, by rea&s;on of the mi&s;chiefes may grow to the Common-wealth by the abu&s;es of it, that it hath ever been ranked among tho&s;e rights of Soveraign power.</P>
<P>Then is there no further que&s;tion to be made but to examine where the So|veraigne power is in this Kingdome; for there is the right of impo&s;ition.</P>
<P>The Soveraigne power is agreed to be in the King: but in the King is a two|fold power; the one in Parliament, as he is a&s;&s;i&s;ted with the con&s;ent of the whole State; the other out of Parliament as he
<PB N="10" REF="13">is &s;ole, and &s;ingular, guided merely by his own will. And if of the&s;e two powers in the King, one is greater than the other, and can direct and controule the other; that is <HI>Suprema Pote&s;tas,</HI> the Soveraigne power, and the other is <HI>&s;ubordinata.</HI></P>
<P>It will then be ea&s;ily proved, that the power of the King in Parliament is greater than his power out of Parliament, and doth rule and controule it; for if the King make a grant by his Letters Patents out of Parliament, it bindeth him and his &s;ucce&s;&s;ors, he cannot revoke it, nor any of his Succe&s;&s;ours; But by his power in Parliament he may defeate and avoyd it; and therefore that is the greater power.</P>
<P>If a judgement be given in the Kings Bench, by the King him&s;elfe (as may be, and by the Law is intended) a writ of Error, to rever&s;e this judgement, may be &s;ued before the King in Parliament, which writ mu&s;t be granted by the Chan|cellor, upon bill indor&s;ed by the King him&s;elf,
<NOTE PLACE="marg">1 <HI>H.</HI> 7.19 6. Lib. In|trac. fol. 302. c. 1.</NOTE> as the book is 1 <HI>H,</HI> 7.19.6. And the forme of the writ of Error is, that it being directed to the Chiefe Ju&s;tice of the Kings Bench, <Q LANG="lat"><HI>Quia in recordo &amp; pri|ce&s;&s;u,
<PB N="11" REF="13">ac etiam in redditione judicii loquelae, quae &s;uit in Curi&acirc; no&s;tr&acirc; coram nobis, Er|ror intervenit manife&s;tus ad grave dam|num, &amp;c. Nos errorem (&s;i quis fuerit) modo debito corrigi, &amp; partibus praedictas plenam &amp; celerem ju&s;titiam fieri volentes, in h&agrave;c parte vobis mandamus, qu&ograve;a Re|cordum &amp; proce&s;&s;um loquelae illius cum om|nibus ea tangentibus, in prae&s;ens Parlia|mentum no&s;trum &s;ub &s;igillio tuo di&s;tin<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">&egrave; &amp; apert&egrave; mittas &amp; hoc breve, ut inspectis, &amp;c. nos de Con&s;ilio &amp; advi&s;amento Domi+norum &s;piritualium &amp; temporal<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">um, ac Communitatis in Parliamento no&s;tro prae|dicto exi&s;tentis, ulterius pro errore illo cor|rigendo fieri faciamus quod de jure &amp; &s;e|cundum legem &amp; con&s;uetudinem Regni no&s;tri Angliae fuerit faciendum.</HI></Q> So you &s;ee the Appeal is from the King out of the Parliament, to the King in Parliament; the writ is in his name; the rectifying and correcting the errours is by him, but with the a&s;&s;ent of the Lords and Com|mons,
<NOTE PLACE="marg">The booke is not &s;o, that the Co~mons &s;hould meddle.</NOTE> than which there can be no &s;tron|ger evidence to prove, that his power out of Parliament is &s;ubordinate to his power in Parliament; for in Acts of Par|liament, be they lawes, grounds, or what|&s;oever
<PB N="12" REF="14">el&s;e, the Act and power is the Kings, but with the a&s;&s;ent of the Lords and Commons, which ma|keth it the mo&s;t &s;overaigne and &s;u|preame power above all, and controul|able by none. Be&s;ides this right of im|po&s;ing, there be others in the Kingdome of the &s;ame nature: As the power to make lawes; the power of Naturalization; the power of erection of arbitrary Go|vernment; the power to judge with|out appeale; the power to legitimate: all which do belong to the King only in in Parliament. Others there be of the &s;ame nature, that the King may exerci&s;e out of Parliament, which right is grown unto him in them, more in tho&s;e o|thers by the u&s;e and practice of the Common-wealth: as denization, coy|nage, making warr: which power the King hath time out of minde practi&s;ed, without the gain-&s;aying and murmu|ring of his &s;ubjects: But the&s;e other powers before mentioned have ever been executed by him in Parliament, and not otherwi&s;e, but with the reluctation of the whole Kingdome.</P>
<P>Can any man give me a rea&s;on, why
<PB N="13" REF="14">the King can only in Parliament make lawes? No man ever read any law whereby it was &s;o ordained; and yet no man ever read that any King practi&s;ed the contrary: Therefore it is the origi|nall right of the Kingdome, and the very natural con&s;titution of our State and policy, being one of the highe&s;t rights of Soveraigne power: So it is in natu|ralization, legitimation, and the re&s;t of that &s;ort before recited.</P>
<P>It hath been alleaged that tho&s;e which in this Cau&s;e have enforced their rea&s;ons from this Maxime of ours <HI>(That the King cannot alter the Law)</HI> have diverted from the que&s;tion.</P>
<P>I &s;ay under favor they have not; for that in effect is the very que&s;tion now in hand; for if he alone out of Parlia|ment may impo&s;e, he altereth the Law of England in one of the&s;e two maine fundamental points. He mu&s;t either take his Subjects goods from them, with|out a&s;&s;ent of the party, which is again&s;t the Law; or el&s;e he mu&s;t give his own Letters Pattents the force of a Law, to alter the property of his Subjects goods, which is al&s;o again&s;t the Law.</P>
<PB N="14" REF="15">
<P>That the King of England cannot take his &s;ubjects goods, without their con&s;ent, it need not be proved more than a princi|ple; it is <HI>jus indigenae,</HI> an old homeborne right, declared to be Law by divers &s;ta|tutes of the Realme:
<NOTE PLACE="marg">34 <HI>E.</HI> 3. c. 2.</NOTE> As in 34. <HI>E.</HI> 3. cap 2. That no office of the Kings, or of his heires, &s;hall take any goods of any man|ner of per&s;on without the a&s;&s;ent and good will of the party, to whom the goods belonged. The &s;ame is declared in many other Statutes made again&s;t pri&s;ages and purveyances. Neither have ever any Kings attempted to go plainly and di|rectly again&s;t that right, but have de|vi&s;ed certaine legal colours and &s;hadowes for their wrongfull doing in that kind, which I doe find were of three &s;orts:
<NOTE PLACE="marg">Com|mi&s;&s;ions, Loans or Privie Seales, Benevo|lence.</NOTE> by way of Commi&s;&s;ion; by way of Loan; by way of Benevolence Commi&s;&s;ions of all other were the mo&s;t in&s;olent; for they went out (as it were by authority to levy ayd of the people upon great ne|ce&s;&s;ity of the Commonwealth.) The&s;e were condemned in Parliament. 21 <HI>E.</HI> 3. <HI>Num.</HI> 16. upon a grevious complaint made of the u&s;e of them by the Commons, unto the King in Parliament: wherein
<PB N="15" REF="15">the people doe pray the King, that he would be plea&s;ed to remember how at the Parliament held the 17 year of his raign, and at the la&s;t Parliament,
<NOTE PLACE="marg">That is, the Par|liament.</NOTE> it was then accorded, and granted by their &s;aid Lord the King and his Councell, that there &s;hould goe out no Commi&s;&s;ions out of Chauncery for Hobbeleries, Archers, and other charges to be levied upon the people, if they were not granted in Par|liament; which ordinances were not ob&s;erved: by rea&s;on whereof the people were impoveri&s;hed aed decayed, for which they prayed the King that he would be plea&s;ed to take pity of his people, and the ordinances and grants made to his people in Parliament to affirme and hold; And that if &s;uch Commi&s;&s;ions goe out without a&s;&s;ent of Parliament, that the Commons, which are grieved thereby, may have writs of <HI>&s;uper&s;edeas,</HI> according to the &s;aid Ordinance, and that the people be not bound to obey them.</P>
<P>To this the Kings an&s;wer is.</P>
<Q LANG="frm"><HI>Si ul tiel impo&s;ition fuit fait per grand nece&s;&s;itie, &amp; ceo del a&s;&s;ent des Prelates,
<PB N="16" REF="16">Countes, Barons, &amp; aut grandes &amp; au|&s;omes des Commons adon&abque; pre&s;ents, Ne|ant moins no&s;tre Seignior le Roy ne voet que tiel impo&s;ition non duement fait, &s;oit treit in con&s;equence, eins voet que les ordinances dont ce&s;t petition fait mention &s;oit blenment garoes.</HI></Q>
<P>The la&s;t time that ever King attemp|ted that cour&s;e of exaction was 17 <HI>H.</HI> 8.
<NOTE PLACE="marg"><HI>Stowes</HI> annals. 17. <HI>H.</HI> 8.</NOTE> upon the taking of the French King at <HI>Pavia,</HI> by the forces of <HI>Charles</HI> the fifth: Cardinal <HI>Wol&s;ey</HI> having a purpo&s;e to put the King into a warre about that quarrell, and finding his cophers empty, advi&s;ed this way, to &s;end out Com|mi&s;&s;ions, and by them to levie ayd of the people, according to the value of their e&s;tate; But this gave &s;uch di&s;con|tent to the whole Realme, that it cau&s;ed in many places an actuall rebellion: and the Cardinal being called to give an account of this bad advice, did ju&s;tifie this fact by the example ot <HI>Jo&s;eph,</HI> who advi&s;ed <HI>Pharaoh</HI> to take the fifth part of his &s;ubjects goods: But when he &s;aw that would not &s;erve the turne,
<PB N="17" REF="16">he fal&s;ely laid it upon the Judges, inform|ing the King, he did it by their advice, being re&s;olved by them of the lawfulne&s;s of the fact. So you &s;ee that great Church|men found more &s;afety in matter of go|vernment of our Commonwealth, in making a fal&s;e report of a point of the Common Law, then in a true Text of the Scripture. And if any Church men will endeavour by application of the Text of Scripture, to overthrow the antient Law and Liberties of the Kingdom, I would advi&s;e them to be admoni&s;hed by the ill &s;ucce&s;s of the Cardinal, in this particular action, and by the mi&s;erable cata&s;trophe of his whole life and fortunes.</P>
<P><NOTE PLACE="marg">Loans and Pri|vy Seals.</NOTE> Loans and Appre&s;ts were tho&s;e which we call Privy Seals, which though they were more moderate in &s;hew, yet being made again&s;t the good will of the parties, were as injurous indeed as the other. The Commons in Parliament, 25. <HI>E</HI> 3. <HI>Num.</HI>
<NOTE PLACE="marg">Rot. pat. 25. <HI>E</HI> 3. <HI>num.</HI> 16.</NOTE> 16. made a grievous complaint to the King again&s;t the u&s;e of them, and prayed, that none from thenceforth &s;hould be compelled to make Loans again&s;t their will, and they gave this rea&s;on, in their pe|tition for that it is again&s;t rea&s;on, and the
<PB N="18" REF="17">franchi&s;e of the land, and prayed that re|&s;titntion might be made to tho&s;e that have made &s;uch Loans.</P>
<P>To this the Kings re&s;cript was; <HI>It plea&s;eth our Lord the King it be &s;o.</HI></P>
<P>La&s;tly,
<NOTE PLACE="marg">Benevo|lence.</NOTE> Came in tho&s;e kinde of exacti|ons, which were termed by the fair name of <HI>Benevolences;</HI> but they became &s;o odi|ous, as they gave the occa&s;ion of a good Law to be made again&s;t them&s;elves, and again&s;t all other &s;hifts, and devices, by what new terms &s;oever impo&s;ed upon the Subjects:
<NOTE PLACE="marg">1 <HI>R.</HI> 3. <HI>c.</HI> 2</NOTE> the Law is, 1 <HI>R.</HI> 3. <HI>cap.</HI> 2 and is thus; The King remembring how the Commons of this his Realm, by new and unlawful inventions, and inordinate co|veti&s;e, again&s;t the Law of this Realm, have been put to great &s;ervitude and im|portant charges and exactions, and e&s;pe|cially by a new Impo&s;ition called a <HI>Bene|volence,</HI> enacteth by the advi&s;e, <HI>&amp;c.</HI> that the Subjects and Commons of this Land from henceforth &s;hall in no wi&s;e be char|ged by any &s;uch charges, or impo&s;itions called the <HI>Benevolence,</HI> nor by &s;uch like thing.</P>
<P>But if you will deny, that the King doth in this ca&s;e take the goods of his
<PB N="19" REF="17">Subject without his a&s;&s;ent, then you mu&s;t other fall upon mine alternative propo&s;iti|on, That the Kings Patent hath in this ca&s;e the power of a Law, to alter property; for how can he recover the impo&s;ed by a legal cour&s;e of proceeding, and by judg|ment in his Court, but upon a title pre|cedent him, before the action brought, which title mu&s;t be a property in the &s;ame impo&s;ed? and how commeth he by that property, but by his own Letters Patents, by which he declareth he will have that &s;ame as an impo&s;ition? For the Judgment giveth not the right, but onely doth ma|nife&s;t and declare it, and giveth executi|on of it: So in this point the que&s;tion is, whether the Kings Patent hath the force and power of the Law, or not; for if it be not maintained that it hath, it can never be concluded that he can tran&s;|fer the property of his Subjects goods to him&s;elf, without the a&s;&s;ent of them; for <HI>quod meum e&s;t, &s;ine facto meo alterius fi|eri non pote&s;t.</HI> And if you give this power to the Kings Patent, you &s;ubject the Law, and take away all rules and bounds of &s;ettled government, and leave in the Sub|ject no property of his own, neither do
<PB N="20" REF="18">you by this advance the Kings power and prerogatjve,
<NOTE PLACE="marg">Bracton, <HI>l.</HI> 1. <HI>c.</HI> 8.</NOTE> but you make him no King; for as <HI>Bracton</HI> &s;aith, <Q><HI>Rex e&s;t ubi domina|tur lex, non voluntas.</HI></Q></P>
<P>So we &s;ee that the power of impo&s;ing, and power of making Laws are <HI>convertibi|lia &amp; coincidentia;</HI> and who&s;oever can do the one, can do the other; And this was the opinion of Sir <HI>John Forte&s;cue</HI> that re|verend and honorable Judge, a very learned profe&s;&s;or of the Common Law, and Chief Ju&s;tice of the Kings Bench,
<NOTE PLACE="marg">Forte&s;c. <HI>de laudi|bus Leg. Ang. c.</HI> 9.</NOTE> in the time of <HI>Henry</HI> 6. His words are the&s;e in his Book, <Q LANG="lat"><HI>De laudibus Legum Angliae, cap.</HI> 9. <HI>Non pote&s;t Rex Angliae ad libitum leges mutare regni &s;ui; principatu namque nedum regali, &s;ed &amp; politico ip&s;e domina|tur: Si regali tantum praee&s;&s;et iis, leges mutare po&s;&s;et; tallagia quoque, &amp; caetera onera imponere, ip&s;is incon&s;ultis, quale do|minium leges civiles indicant, cum dicunt quod principi placuerit, legis habet vigo|rem; &s;ed long&egrave; aliter pote&s;t Rex politicis imperans, quia nec leges ip&s;e &s;ine &s;ubdito|rum a&s;&s;en&s;u mutare poterit, nec &s;ubjectum populum renitentem onerare peregrinis im|po&s;itionibus.</HI></Q> In which place I mu&s;t inter|pret unto you, that <HI>peregrinae impo&s;itiones</HI>
<PB N="21" REF="18">be not &s;trange and unheard of impo&s;iti|ons, as was urged by the worthy Gentle|man that &s;pake la&s;t; but impo&s;itions up|on traffick into, and out of forain Coun|tries,
<NOTE PLACE="marg">Forte&s;c. <HI>de laud. Leg. Ang. cap.</HI> 36.</NOTE> which is the very thing in que&s;ti|on: Further in the thirty &s;ixth Chapter, he &s;aith of the King of <HI>England, <Q LANG="lat">Neque Rex ibidem per &s;e aut mini&s;tros &s;uos talla|gia, Sub&s;idia, aut alia quaevis onera impo|nit ligeis &s;uis, aut leges corum mutat, vel novas condit, &s;ine conce&s;&s;ione vel a&s;&s;en&s;u to|tius regni &s;ui in Parliamento.</Q></HI> So he maketh the&s;e two powers of making Law, and impo&s;ing to be concomitant in the &s;ame hand, and that the one of them is not without the other; he giveth the &s;ame rea&s;on for this, as we do now, but in other words, becau&s;e (as he &s;aith) in <HI>England</HI> it is <Q LANG="lat"><HI>principatus mixtus, &amp; po|liticus,</HI></Q> the King hath his &s;overaign pow|er in Parliament, a&s;&s;i&s;ted and &s;trengthen|ed with the con&s;ent of the whole King|dom; and therefore the&s;e powers are to be exerci&s;ed by him only in Parliament. In other Countries they admit the ground of the Civil Law, <HI>quod principi placuerit, legis habet vigorem;</HI> Becau&s;e they have an ab&s;olute power to make Law, they
<PB N="22" REF="19">have al&s;o a power to impo&s;e, which hath the force of a Law in transferring pro|perty.
<NOTE PLACE="marg">Ph. Com. <HI>l</HI> 4. <HI>cap.</HI> 1. l. 5. <HI>cap.</HI> 8.</NOTE> <HI>Philip Comines,</HI> that lived at that time, in his fourth Book, the fir&s;t Chap|ter, the fifth Book the eighth Chapter, taketh notice of this policy of <HI>England,</HI> and commends it above all other States, as &s;ettled in mo&s;t &s;ecurity: And further to our purpo&s;e laieth this ground, That a King cannot take one penny from his Subjects without their con&s;ent, but it is violence. And you may there note the mi&s;chiefs that grew to the Kingdom of <HI>France,</HI> by the voluntary impo&s;itions fir&s;t brought in by <HI>Charles</HI> the Seventh, and ever &s;ince continued, and encrea&s;ed to the utter impoveri&s;hment of the Com|mon people, and the lo&s;s of their free Councel of three E&s;tates: And if this power of impo&s;ing were quietly &s;etled in our Kings, con&s;idering what the greate&s;t u&s;e they make of a&s;&s;embling of Parliaments, which is the &s;upply of mo|ney, I do not &s;ee any likelihood to hope for often meetings in that kind, becau&s;e they would provide them&s;elves by that other means. And thus much for my fir&s;t rea&s;on grounded upon the natural con&s;ti|tution
<PB N="23" REF="19">of the Policy of our Kingdom, and the publike Right of our Nation.</P>
<P N="2">2 For the point of Common Law,
<NOTE PLACE="marg">Com. Law.</NOTE> which is my &s;econd rea&s;on, it hath been well debated, and nothing left un&s;poken that can be &s;aid in it; and therefore I will decline to &s;peak of that, which other men have well di&s;cu&s;&s;ed, and the rather, for that there is nothing in our Law-book directly, and in point of this matter; neither is the word <HI>(impo&s;ition)</HI> found in them, until the ca&s;e in my L. <HI>Dier.</HI> 1.
<NOTE PLACE="marg">Diec. 1. E. 165.</NOTE> <HI>Eliz.</HI> 165. for we &s;hall finde this bu&s;ine&s;s of an higher &s;train, and alwaies handled el&s;ewhere, as afterwards &s;hall appear: yet I will offer &s;ome An&s;wers to &s;uch Ob|jections as have been made on the con|trary in point of Common Law, and have not been much &s;tood upon by others to be an&s;wered.</P>
<P>The Objections that have been made are the&s;e; That from the fir&s;t Book of the Law to the la&s;t, no man ever read any thing again&s;t the Kings power of im|po&s;ing: No Judgement was ever given again&s;t it, in any of the Kings Courts at <HI>We&s;tmin&s;ter:</HI> Other points of Prerogative as high as this, di&s;puted and debated, his
<PB N="24" REF="20">exce&s;s in them limited,
<NOTE PLACE="marg">42. A&s;&s;. p. 9.</NOTE> as in the book of 42. <HI>A&s;&s;. pl.</HI> 5. where the Judges took a|way a Commi&s;&s;ion from one that had power given by it to him under the great Seal, to take ones per&s;on, and to &s;ei&s;e his goods before he was indicted: So Ma&s;ter <HI>Scrogs</HI> ca&s;e.
<NOTE PLACE="marg">1, <HI>&amp;</HI> 2 <HI>E.</HI> Dier. 175</NOTE> 1, <HI>&amp;</HI> 2. <HI>El Dier.</HI> 175 the power of the King in making a Com|mi&s;&s;ion to determine a que&s;tion of right, depending between two parties notably debated, and ruled again&s;t the King, that he could not grant it.</P>
<P>To this I an&s;wer, That ca&s;es of this na|ture (of which the que&s;tion now handled is) have ever been taken to be of that extraordinary con&s;equence, in point of the Common right of the whole King|dom, that the States would never tru&s;t any of the Courts of ordinary Ju&s;tice with the deciding of them; but a&s;&s;umed the cogni&s;ance of them unto the high Court of Parliament, as the fitte&s;t place to decide matters &s;o much concerning the whole body of the Kingdom, as 2. <HI>Ed.</HI> 3.7. it appears that <HI>Ed.</HI> 1. had granted a Charter to the men of Great <HI>Yarmouth,</HI> that all the &s;hips of Merchants, coming to the Port of <HI>Yarmouth,</HI> &s;hould land
<PB N="25" REF="20">their goods at their Haven, and not at any other Haven at that Port, as at <HI>Garne|&s;ton,</HI> and Little <HI>Yarmouth,</HI> which were members of that Port. This was very in|convenient for the Merchants, and a great hurt to Traffick, and therefore the Charter was que&s;tioned in the time of <HI>Ed</HI> 2. and adjudged good by the Coun|cil: But the parties not contented with this judgment, in the &s;econd year of King <HI>E.</HI> 3. by an order in Parliament made upon a Petition there exhibited again&s;t this Grant, brought a <HI>Scire facias</HI> out of the Chancery returnable in the Kings Bench, to que&s;tion again the lawfulne&s;s of the Patent, and in that Suit the cau&s;e was notably debated, and tho&s;e Rea&s;ons much in&s;i&s;ted upon that have been enfor|ced in this ca&s;e; as that of the Kings power in the cu&s;tody of the Ports: But the matter &s;o depending in the ordinary Court of Ju&s;tice, a Writ came out of the Parliament, and did adjourn it thither again; where it gave occa&s;ion of a good Law to be made to prevent the like Grants, and to make them void notwith|&s;tanding any Judgment given upon them, and to make &s;uch Judgments al&s;o void.
<PB N="26" REF="21">The Statute is, 9: <HI>E.</HI> 3. <HI>c.</HI> 1. And in the Parliament Rolls,
<NOTE PLACE="marg">9. <HI>E.</HI> 3. <HI>c.</HI> 1. Every Alien and Denizen may carry his Mer|chandi&s;e where it plea&s;eth him, not|with&s;tanding any Charter granted, or Judgment thereup|on. 16, &amp; 17. R. 2.</NOTE> 2 <HI>H.</HI> 4. <HI>num</HI> 109. we finde a notable Record, which gives warrant for the proceeding in Parliament, in this man|ner as hath been in this Ca&s;e, notwith&s;tanding the Judgment in the Exchequer, and declares to the Kingdom, that not|with&s;tanding the great wonder made by &s;ome men, nothing hath been done in this bu&s;ine&s;s by tho&s;e that &s;erve in the Parliament, but in imitation of their wor|thy Predece&s;&s;ors in the like ca&s;e. In the &s;econd year of <HI>H.</HI> 4. the Commons &s;hew that in the time of <HI>R.</HI> 2. by the means of <HI>John Waltham,</HI> Bi&s;hop of <HI>Salisbury,</HI> Trea|&s;urer of <HI>England,</HI> wrongfully, without au|thority of Parliament, and by rea&s;on of a Judgement given in the Exchequer, 16, <HI>&amp;</HI> 17. <HI>R.</HI> 2. by the Barons there, again&s;t certain Merchants of <HI>Bri&s;tol,</HI> and other places, pa&s;&s;age had been taken for Wines otherwi&s;e then in ancient times had been, and therefore they prayed, they might pay their pri&s;e Wines in the manner they had u&s;ed to pay, notwith&s;tanding any
<PB N="27" REF="21">Judgment given in the Exchequer, or o|ther Ordinance made by the &s;aid Trea&s;u|rer, contrary to the antient u&s;age; which Petition the King granted, and the Judg|ment thereupon became void, and the pri&s;age Wine hath been paid contrary to the Judgment ever &s;ince.</P>
<P>In 1. <HI>El. Dier.</HI> 165.
<NOTE PLACE="marg">1. El. Di|er. 265.</NOTE> upon the com|plaint, made by the Merchants, of the impo&s;itions &s;et upon Cloth by Queen <HI>Mary</HI> by her ab&s;olute power without a&s;&s;ent of Parliament; The Cau&s;e was thought too weighty to be decided in any one Court; but (as it appeareth in the Book) it was referred to all the Judges of <HI>England,</HI> who divers times had conference about it. So it may well be, there is nothing again&s;t it in our year Books, for there is nothing of it.</P>
<P>Another Objection was this, which was made in the la&s;t argument, <HI>viz.</HI> That Cu&s;tom is originally due by the Com|mon Law of <HI>England;</HI> it can then have no other ground or cau&s;e, but meerly by the Kings royal Prerogative, as a right and duty originally belonging to his Crown: which if it be, it mu&s;t nece&s;&s;ari|ly follow he may impo&s;e, for that is but
<PB N="28" REF="22">the exerci&s;ing of that right. To prove this was alleadged the ca&s;e 39.
<NOTE PLACE="marg">39 E. 3.13.</NOTE> <HI>E.</HI> 3.13. by which ca&s;e it appeareth, that King <HI>John</HI> had a Cu&s;tom of eight pence on a Tun of Wine in the Port of <HI>South|ampton,</HI> but the Book doth not tell you that the King had it by prerogative, and he might have it as well otherwi&s;e; as by pre&s;cription, or convention, which &s;hall rather be intended, by rea&s;on of the certainty of the &s;um paied; for if it were by prerogative, he might take &s;ome|times more, &s;ometimes le&s;s at his will, the right being indefinite, and the quantity limited onely by his own di&s;cretion. A common per&s;on may have &s;uch a cu&s;tom certain, as 18. <HI>El Dier.</HI> 352. The Mayor of <HI>London</HI> hath the twentieth part of Salt brought into the City by Aliens,
<NOTE PLACE="marg">18 El. Dier. 352</NOTE> which is a great Impo&s;ition, but is good by pre&s;cription originally, and hath re|ceived greater &s;trength &s;ince, by Acts of Parliament made for the confirmati|on of the Liberties and Cu&s;toms of the City of <HI>London.</HI> So it appeareth that <HI>John</HI> of <HI>Britain</HI> had Cu&s;tom of the &s;hips that arrived at his Port of Little <HI>Yarmouth,</HI>
<NOTE PLACE="marg">Dier. 43.</NOTE> worth twenty pounds <HI>per annum.</HI> And
<PB N="29" REF="22">the&s;e in&s;tances do inefer, that a Cu&s;tom may be otherwi&s;e then by prerogative, and therefore it is no good argument to conclude, the King had &s;uch a cu&s;tom, Therefore he had it by Prerogative.</P>
<P>The Book in 30. <HI>H.</HI> 8. <HI>Dier.</HI> 43.
<NOTE PLACE="marg">30 Hen. 8 Dier. 43.</NOTE> was much pre&s;&s;ed on this point, which &s;aith that Cu&s;tom belonged to the King at Common Law, and doth in&s;tance in Wooll, Wooll-fells, and Leather begun at the Common Law, but abridged by the Statute of 14 <HI>E.</HI> 3. <HI>ca</HI> 21. <HI>&s;tat.</HI> 1.
<NOTE PLACE="marg">14 Ed. 3. <HI>c.</HI> 21. <HI>&s;tat.</HI></NOTE> but this appeareth to be a great error, and mi|&s;taking in the Book; for we do finde that that Cu&s;tom of Woolls, Wooll-fells and Leather was begun by a Grant in Parliament, as appeareth in Statute 15 <HI>E.</HI> 1. <HI>cap.</HI> 7. The words be granted to us by the Commonalty afore&s;aid; and the la&s;t mention before was that the King had granted to the Bi&s;hops, Earls, Barons, and all the Commonalty of the Land, <HI>&amp;c. Novemb.</HI> 3. <HI>Ed.</HI> 1. The Kingrecited in his Letter Patents That <HI>Prelati, magnates ac tota communitas mercatorum Regni,</HI> granted this new Cu&s;tom. And &s;o the ground and motive of that opinion be|ing fal&s;e all grounded upon that mu&s;t needs be erroneous.</P>
<PB N="30" REF="23">
<P>It was objected, That the King hold|eth at this day the encrea&s;e of four pence in the pound, over due Cu&s;tom, paid by Merchants Aliens according to the pur|port of the <HI>Charta mercatoria</HI> 31 <HI>E.</HI>
<NOTE PLACE="marg">Rot. char. 31. E. 1. <HI>num.</HI> 42. in Turri.</NOTE> 1. by meer right of Prerogative at the Com|mon Law; for by that Grant of the Merchants he cannot hold it, they being no Body Politick at the time of the Grant; and therefore the Grant is meer|ly void to binde in &s;ucce&s;&s;ion, and yet the Merchants Aliens do pay it at this day.</P>
<P>It is agreed, That by the Common Law a contract with a number not in|corporate, bindeth not &s;ucce&s;&s;ion; but we mu&s;t take notice, that they by whom that Grant was made, of the augmenta|tion of Cu&s;tom, by three pence in the pound, and other encrea&s;es, 31. <HI>E.</HI> 1. were Merchants Aliens, who by the Law of Merchants, and Nations may contract to bind their &s;ucce&s;&s;ors in matters of Traf|fick: For their contracts are not ruled by the Common Law of the Land, but by the Law of Nations, <HI>&amp; per legem Mercatoriam,</HI> as the Book ca&s;e is, 3. <HI>Ed.</HI> 4.10. and there was a good con&s;idera|tion
<PB N="31" REF="23">given them by the King for this en|crea&s;e of Cu&s;tom: as di&s;charge of pri&s;e Wines for two &s;hillings the Tun, and o|ther Immunities, which all Merchants A|liens hold and enjoy at this day, by force of that contract made, 31 <HI>E.</HI> 1. For a &s;tranger paieth now but two &s;hillings the Tun for pri&s;age, whereas it &s;tandeth an Engli&s;hman in much more; &s;o as the rule of commutative Ju&s;tice maketh the contract available to the King again&s;t the Merchants, becau&s;e he parteth with part of his pri&s;age to the Merchant, and maketh it available to the Merchant a|gain&s;t the King, becau&s;e he giveth him en|crea&s;e of Cu&s;tom above that is due by Law. But the Statute of 27 <HI>E.</HI> 3. <HI>cap.</HI> 26.
<NOTE PLACE="marg">27 E. 3. <HI>cap.</HI> 26.</NOTE> here|tofore cited doth make this point clear without &s;cruple, which confirmeth the Charter of 31. <HI>E.</HI> 1. entirely, and by that the encrea&s;e of Cu&s;tom by three pence in the pound, which is by name mentioned in the Statute, is now due by Act of Parlia|ment.</P>
<P>If you will have the King hold this encrea&s;e of Cu&s;tom by Prerogative, you go directly again&s;t his meaning; for it appeareth by that which pre&s;ently fol|lowed
<PB N="32" REF="24">this Grant, that the King took this encrea&s;e of Cu&s;tom by way of contract onely, and not by way of Prerogative; for the &s;ame year following he directeth his Writs to the Officers of his Ports, re|citing the contract made with the Aliens by <HI>Charta Mercatoria,</HI> adding further that &s;ome Denizens were willing to pay the like Cu&s;tom, upon the &s;ame Immunities to them to be granted, and doth a&s;&s;ign his Officers to gather it, but with this clau&s;e, <Q LANG="lat"><HI>Si gratanter &amp; ab&s;que coertione &s;olvere voluerint, ita quod aliquem Mer|catorem de regno &amp; pote&s;tate no&s;tr&acirc; ad prae&s;tationes &amp; cu&s;tumas huju&s;modi invito &s;olvendas nullaten&ugrave;s di&s;tringatis.</HI></Q> Nothing can more plainly expre&s;s, that the Kings intention was not to demand this by way of Prerogative, but by force of the con|tract. If there were &s;uch a Prerogative in the Crown, as of right to have Cu|&s;tom, how cometh it to pa&s;s this Prero|gative never yet had fruit or effect? for this I can maintain, That the King of <HI>England</HI> hath not one penny Cu&s;tom or Impo&s;ition upon Merchandizes, elder then the fourth year of Queen <HI>Mary;</HI> that he holdeth not by Act of Parliament,
<PB N="33" REF="24">and by the peoples grant: The elde&s;t that he hath is that of Woolls, Wooll-fells and Leather, and that is by Act of Parliament, as appeareth in the Statute 25 <HI>E.</HI> 1. <HI>cap.</HI> 7.
<NOTE PLACE="marg">25 E. 1. <HI>cap.</HI> 7.</NOTE> the Tonnage and Poundage by Parlia|ment in the fir&s;t year of every Kings reign.</P>
<P>The Aliens encrea&s;e of Cu&s;tom by Par|liament 27 <HI>E.</HI> 3 <HI>cap.</HI> 26.
<NOTE PLACE="marg">27. <HI>E.</HI> 3. <HI>cap</HI> 26.</NOTE> Then this Prero|gative hath been much neglected, that it was never called on to be put in executi|on, untill now of late years.</P>
<P>Concerning the Statutes made for re|&s;training our Kings,
<NOTE PLACE="marg">Statute 3</NOTE> from the exerci&s;e of this pretended Prerogative, which is the third matter I &s;tand upon: Tho&s;e that have maintained the Kings Prero|gative in this point, have endeavored to interpret tho&s;e Statutes, to extend onely to re&s;train him from impo&s;ing upon Wooll, Wooll-fells, and Leather, which are &s;taple commodities: And the rea&s;on they give for this re&s;traint more then for other goods, is becau&s;e the King, by Sta|tute, is re&s;trained to a Cu&s;tom certain for tho&s;e commodities, as the half Mark a Sack of Wooll, and half a Mark three hundred Wooll-fells and thirteen &s;hil|lings
<PB N="34" REF="25">four pence a La&s;t of Leather; and therefore great rea&s;on he &s;hould not ex|ceed this Cu&s;tom in the&s;e Commodi|ties.</P>
<P>This Objection receiveth many An|&s;wers: Fir&s;t it appeareth both by the ex|pre&s;s letter of divers of the Laws made in this point, by the occa&s;ion that induced the making of the Laws, and by the exe|cution of them, that all other Wares and Merchandi&s;es, as well as tho&s;e of the &s;taple, were within the purpo&s;e and in|tent of tho&s;e Laws: Secondly The rea|&s;on alleadged why there &s;hould be re|&s;traint for the &s;taple Commodities, ra|ther then for the other, is mi&s;taken; for the Lords and Commons did grant to <HI>E.</HI> 1. by Act of Parliament the cu&s;tom of the half Mark for Wooll, Wooll-fels, and Leather, which was matter of meer grace and liberality, and includeth no re&s;traint in it, but rather a favourable extention, quite contrary to the &s;ence of the Ob|jection; according to that rule of inter|pretation, <HI>Gratio&s;a ampliari decet, odio&s;a re&s;tringi.</HI> And admit &s;ome Laws be made expre&s;ly to re&s;train impo&s;itions upon Wooll, Wooll-fells, and Leather, by rea|&s;on
<PB N="35" REF="25">that the occa&s;ion of making &s;uch Laws was the actual impo&s;ing, upon tho&s;e goods at that time, &s;hall we not by good con&s;truction, <HI>Secundum mentem exten&s;i|vam legis,</HI> extend this Law to other Wares and Merchandizes that are with|in the &s;ame mi&s;chief? If we look to the rea&s;on of the Law, we &s;hall make no doubt of it; for that is becau&s;e the im|po&s;itions were without a&s;&s;ent of Parlia|ment, not becau&s;e they were upon &s;uch, and &s;uch Commodities. Be&s;ides tho&s;e Laws &s;o made are <HI>declarativae juris anti|qui, non introductivae novi.</HI></P>
<P>In the enumeration of tho&s;e Statutes, which I conceive make directly to this purpo&s;e, I will endeavour rather to an|&s;wer the Objections made again&s;t them, then to enforce the &s;en&s;e and meaning of them, which is very plain and open, and needs no interpretation. The fir&s;t Statute enforced is, <HI>Mag. Charta cap</HI> 30. made in the ninth year of <HI>H.</HI> 3. by which it is en|acted, that all Merchants &s;hall have free egre&s;s and regre&s;s, out of, and into this Realm, with their goods and merchan|dizes, to buy, and &s;ell, <Q LANG="lat"><HI>&s;ine omnibus malis tolnetis per antiquas &amp; rectas
<PB N="36" REF="26">con&s;uetudines:</HI></Q> In which words we may infer, that both the u&s;e and right of im|po&s;ing are ab&s;olutely excluded, and de|barred; for <HI>Con&s;uetudo,</HI> which in this ca&s;e is to be taken for <HI>&V;&s;age,</HI> which is <HI>mos</HI> (not improperly for <HI>Portorium,</HI> a duty paid in money, as our Engli&s;h word Cu&s;tom, in one &s;ence doth &s;ignifie) implieth a beginning, and continuance by con&s;ent, and will of the parties, not by power and enforcement, which can|not be a Cu&s;tom; and therefore it can|not be an Impo&s;ition: for that ari&s;eth meerly out of the will and power of their impo&s;er, and is again&s;t the will of him upon who&s;e goods it is &s;et: But take <HI>Con|&s;uetudo</HI> either for <HI>Mos</HI> or <HI>Portorium,</HI> the epithites with which it is qualified, <HI>anti|quum,</HI> and <HI>rectum,</HI> do de&s;cribe it to be of that nature, that it cannot be an Impo&s;ition: for <HI>antiquum,</HI> in legal con|&s;truction, is that which is time out of mind, that is not an Impo&s;ition: for then by continuance of time it &s;hould grow a right by pre&s;cription, and were ju&s;tifiable: <HI>Rectum</HI> implieth a limited right, which inferreth there may be a wrong, and exceeding of that right which
<PB N="37" REF="26">is not in impo&s;itions: for if there be a right in the King to impo&s;e, the quanti|ty, time, and other circum&s;tances are in his di&s;cretion; the right is illimited: And if he &s;et on never &s;o great an Im|po&s;ition, there is as much right in it, as if it be never &s;o &s;mall: the exce&s;s maketh it a burthen, but not a wrong.</P>
<P>We may further ob&s;erve, that in the Statute, <HI>Malum tolnetum,</HI> which is evill Toll, is &s;et down by way of antithe&s;is to <HI>antiqua,</HI> and <HI>recta con&s;uetudo;</HI> by which is inferred, that exactions upon Wares and Merchandizes, not qualified with the&s;e two properties of <HI>antiquum</HI> and <HI>rectum,</HI> are evill and unju&s;t. This is made more evident by a Record in the Tower of the &s;ixteenth year of <HI>H.</HI> 3. which was a Mandat &s;ent by the King to the Cu&s;to|mers of his Ports for the execution of this Law made in 9 <HI>H.</HI> 3. whereby it is commanded,
<NOTE PLACE="marg"><HI>Rot. clau&s;</HI> 16. <HI>H.</HI> 3. <HI>num.</HI></NOTE> <Q LANG="lat"><HI>Quod emnibus Merca|toribus in portum &s;uum venientibus cum vinis, &amp; aliis merchandizis, &s;cire faciant, quod &s;alv&ograve; &amp; &s;ecur&egrave; in terram Angliae veniant cum vinis &amp; merchandizis &s;uis, faciendo inde rectas &amp; dubitas con&s;ue|tudines,
<PB N="38" REF="27">nec &s;ibi timeant de malis tolnetis, quae iis faciat Rex, vel in terr&acirc; &s;u&aacute; fieri per|mittat.</HI></Q> By this record the word <HI>Con&s;u|tudo</HI> is interpreted to be <HI>mos,</HI> not <HI>porto|rium;</HI> otherwi&s;e it &s;hould have been <HI>&s;ol|vendo con&s;uetudines,</HI> not <HI>faciendo.</HI> Al&s;o the&s;e words <HI>entiquum &amp; rectum</HI> in the Statute in this Writ are <HI>rectum &amp; debi|tum,</HI> which doth more enforce a cer|tainty of right and duty, which by no means can be intended in impo&s;i|tions.</P>
<P>Objections again&s;t this Law were made in the la&s;t Argument. Fir&s;t, That it was made for Aliens: This is true; the words of the Law do plainly &s;hew it was made for Aliens: But if the State was &s;o careful to provide for them &s;hall we not judge that with Denizens it was &s;o already? And that this Statute was made to extend that liberty by Act of Parliament to Aliens, which Denizens had by the Common Law, &s;ucceeding times did &s;o conceive of it, as appeareth by the Statute of 2.
<NOTE PLACE="marg">2. <HI>E.</HI> 3. <HI>cap.</HI> 9.</NOTE> <HI>E.</HI> 3. <HI>cap.</HI> 9. the words are, that all Merchants, Stran|gers and Princes may go and come with their merchandizes in <HI>England</HI> after the
<PB N="39" REF="27">tenor of the great Charter, and that Writs be thereupon &s;ent to all the Sheriffs in <HI>England,</HI> and to Mayors and Bayliffs of good Towns, where need &s;hall re|quire.</P>
<P>A &s;econd Objection was made in the la&s;t Argument, out of the&s;e words of the Statute of <HI>M. Char.</HI> that Merchants might freely traffique, <Q LANG="lat"><HI>ni&s;i public&egrave; an|tea prohibiti fuerint:</HI></Q> by which was en|forced, that the King had power to re|&s;train and prohibit Traffique; there|fore to impo&s;e. It is agreed, there may be a publick re&s;traint of traffique upon re&s;pects of the common good of the King|dom; but whether that which is called <HI>publica prohibitio</HI> in the Statute, be in|tended by the King alone, or by Act of Par|liament, is a que&s;tion: For &s;uch re&s;traints have &s;till been by Parliament. But ad|mit the King may make a re&s;traint of traffique in part for &s;ome publick re|&s;pect of the Commonwealth, he doth this in point of protection, as tru&s;ted by the Commonwealth, to do that which is for the publick good of the Kingdom; but if he u&s;e this tru&s;t to make a gain and benefit by impo&s;ing,
<PB N="40" REF="28">that is a breach of the tru&s;t, and a &s;ale of government and protection. But more of this &s;hall be hereafter &s;poken in the an&s;wering of the main Objections.</P>
<P>The next Law is that notable Statute of <HI>E.</HI> 1.
<NOTE PLACE="marg">25. <HI>E.</HI> 1. <HI>cap.</HI> 7.</NOTE> in the 25 year of his reign, made upon the very point in que&s;tion; the words are the&s;e. And fora&s;much as the mo&s;t part of the Commonalty of this Realm finde them&s;elves &s;ore grieved with the male toll of Woolls, that is, to wit, a toll of forty &s;hillings for every &s;ack of Wooll, and have petitioned to us for to relea&s;e the &s;ame; We at their reque&s;t have clearly relea&s;ed it, and have granted for us and our Heirs, that we &s;hall not take &s;uch things, with|out their common con&s;ent and good will, &s;aving to us and our Heirs the Cu&s;toms of Woolls, Skins, and Lea|ther granted before by the Commo|nalty afore&s;aid.</P>
<P>Again&s;t the application of this Law, to the que&s;tion now in hand, many Objections were made; &s;ome out of matter precedent to the Law, &s;ome out of the Law it &s;elf, &s;ome out of matter &s;ub&s;equent and following after
<PB N="41" REF="28">the Law: For matter precedent; It was objected out of <HI>Thomas Wal&s;ing|ham,</HI>
<NOTE PLACE="marg"><HI>Tho. Wal|&s;ingham in E.</HI> 1. <HI>fo.</HI> 71, 72, 73. <HI>edit. per W. Camb. impre&s;. Francof.</HI> 1603.</NOTE> an Hi&s;toriographer of good cre|dit, that writ of that time when the Statute was made, That in the Petition of grievances given to King <HI>E.</HI> 1. by the people in the 25 year of his reign, upon which petition the Statute was made, that they found them&s;elves not grieved in point of right, but in point of exce&s;s; the words are, <Q LANG="lat"><HI>Communitas &s;entit &s;e gra|vatam de vectigali lanarum, quod nimis e&s;t onero&s;um.</HI> viz. <HI>de quolibet &s;acco</HI> 40 <HI>s. &amp; de lan&acirc; fract&acirc; &s;eptem marcas;</HI></Q> &s;o they ex|pre&s;s the cau&s;e of their grief, that it was too heavy; which is to be applied to the point of exce&s;s, not of right.</P>
<P>To this I an&s;wer, that if the words had been <HI>(quia e&s;t nimis onero&s;um)</HI> this con|&s;truction might have been made out of them; becau&s;e the word <HI>(quia)</HI> had induced a declaration of the cau&s;e of that which was formerly affirmed: but the words are <HI>(quod nimis onero&s;um)</HI> which doth on|ly po&s;itively affirm that the impo&s;ition, <HI>de facto,</HI> was intolerable for the greatne&s;s of it, which doth not therefore admit that it is tolerable, in re&s;pect of the right the
<PB N="42" REF="29">King had to impo&s;e. But this is made clear by the general word precedent in the preamble of the Petition which doth evidently infer, they grounded their complaint upon point of right, not up|on point of exce&s;s; the words are the&s;e, <Q LANG="lat"><HI>Tota terrae communitas &s;entit &s;e vald&egrave; gravatam, quia non tractantur &s;ecundum leges &amp; con&s;uetudines terrae, &s;ecundum quas tractari antece&s;&s;ores &s;ui &s;olebant ha|bere, &s;ed voluntari&egrave; excluduntur.</HI></Q> After which preamble, among the particulars, this of forty &s;hillings upon a &s;ack of Wooll is ranked, but with a dependency of that expre&s;&s;ed in the preamble for the point of right. But &s;eeing we light upon Hi&s;tory, which though it be of &s;mall authority in a Law argument yet being the Hi&s;tory of our own Realm, hath fit and proper u&s;e in the common coun&s;el of the Realm,
<NOTE PLACE="marg">Matth We&s;tm. fo. 430. Edit. per H. Savile mil. Franco|furti 1601.</NOTE> I will pur&s;ue it a little further. Out of <HI>Matth. We&s;tm.</HI> a Writer that lived much nearer the time of the Law made, then <HI>Thomas Wal&s;ingham,</HI> he &s;aith, That the Commons by their petiti|ons required, <Q LANG="lat"><HI>Ne Rex de caetero tallagia u&s;urparet, &amp; voluntarias &s;uper his in|ductas exactiones de caetero qua&s;i in irri|tum
<PB N="43" REF="29">revocaret;</HI></Q> by which it appeareth, that the point of the complaint was, that the exactions laid on them were volun|tary, that is, at the Kings will, without a&s;&s;ent of Parliament. Out of the Law it, &s;elf it hath much been pre&s;&s;ed, as fir&s;t the Commons made petition to the King, whereupon they infer out of the nature of the word (petition) that their pro|ceeding was by way of grievance, for the exce&s;s and inconvenience, as a matter of grace, not in cour&s;e of ju&s;tice for the wrong</P>
<P>To this I an&s;wer, That con&s;idering the quality of the parties to this action, it being between the King and the Sub|ject, duty and good manners doth in|duce gentlene&s;s and humility of terms, without blemi&s;h or diminution of the force of right. It is according to the de|meanor of <HI>Job,</HI> cap. 9. v. 15.
<NOTE PLACE="marg">Job 9.15</NOTE> <Q LANG="lat"><HI>Though I were ju&s;t, yet would I not an&s;wer, but I would make &s;upplication to my Judge.</HI></Q> But in our forms of Law, be the right of the Subject never &s;o clear, manife&s;t, and ac|knowledged by all; yet if his own be detained from him by the King, he hath no other Writ or Action to recover, but
<PB N="44" REF="30">a meer petition, <HI>Supplicat Col&s;itudini, &amp;c.</HI> So as if the word Petition to the King in|fer defect of right in the Petitioner, there can be no ca&s;e where the King can do the Subject wrong.</P>
<P>A &s;econd Objection out of the body of the Law is that the King doth relea&s;e that impo&s;ition of forty &s;hillings, which implieth a right &s;etled in him. But to this I an&s;wer, That it is no nece&s;&s;ary infer|ence, where&s;oever a relea&s;e of right is: for it is u&s;ed for claim onely, or where po&s;&s;e&s;&s;ion was, though wrongful, and that <HI>in majorem &s;ecuritatem, quia a|bundans cautela non nocet;</HI> but in this ca&s;e, a Relea&s;e was very expedient, and for &s;ome re&s;pect nece&s;&s;ary, to extingui&s;h a right the King had in this impo&s;ition a|gain&s;t the Merchants them&s;elves: For this impo&s;ition, though it were not &s;et on by a&s;&s;ent of Parliament, yet was it not &s;et on by the Kings ab&s;olute power; but was granted to him by the Merchants them&s;elves who were to be charged with it: &s;o the grievance was the violati|on of the right of the people, in &s;etting it on without their a&s;&s;ent in Parliament, not the damage that grew by it; for
<PB N="45" REF="30">that did onely touch the Merchants, who could not ju&s;tly complain thereof, becau&s;e it was their own act and grant. This ap|peareth by two notable Records,
<NOTE PLACE="marg">22. <HI>E.</HI> 1. <HI>Origen. in Scac. Rem. The&s;.</HI></NOTE> the one 22. <HI>E.</HI> 1. A Writ to the Trea&s;urer and Ba|rons of the Exchequer in <HI>Ireland,</HI> to di&s;charge the Merchants there of impo|&s;itions on Woolls; in which the King re|citeth, <Q LANG="lat"><HI>Licet in &s;ub&s;iaium Guerrae Regis pro recuperand&acirc; terr&acirc; Va&s;coni&agrave;, mercato|res gratanter conce&s;&s;erunt per biennium vel triennium, &s;i tantum duravit Guerra, de &s;acco lanae, &amp;c.</HI></Q>
<NOTE PLACE="marg"><HI>In</HI> 26. <HI>E.</HI> 1. <HI>mem. Scac. Rem. The&s;.</HI></NOTE> The other Record is the Writ of publication, that in 26. <HI>E.</HI> 1. went out after the Statute of 25. in which Writ the King reciteth thus, <Q LANG="lat"><HI>Cum nos ad in&s;tantiam Communitaetis Regni no&s;tri re|mi&s;erimus cu&s;tumam</HI> 40 <HI>s. nobis nuper in &s;ub&s;idium Guerrae noctrae contrae Regem Franciae conce&s;&s;um &amp;c.</HI></Q> A third Objecti|on made out of the body of the Statute, by tho&s;e which have argued on the con|trary part, was upon the&s;e words, that the King would take (no &s;uch things) without common con&s;ent; by which words they conceived the intention of the Law was limited preci&s;ely to impo&s;i|tions &s;et upon Wooll, and not on other
<PB N="46" REF="31">commodities, which are not &s;uch things, but other: and for this they alledge this rea&s;on, That it was not probable when the complaint was only for an impo&s;ition on Wooll, that the King would give a re|medy for other things not &s;poken of, for which there was no cau&s;e of complaint.</P>
<P>To this a full an&s;wer is given many ways: Fir&s;t, out of the <HI>(Saving)</HI> in the Act, which extends to other things then to Wooll, as to Wooll-fells and Leather; therefore the purview of the Act by the&s;e words (&s;uch things) extendeth to more then the Wooll; for there needs no <HI>&s;aving,</HI> but for that which is contained in the purview. Secondly, The rea&s;on alledged, that no more by likelihood &s;hould be re|medied but for Wooll, becau&s;e onely that was complained of, is fal&s;e: For the complaint of the Commons was not onely for this impo&s;ition on Wooll, but divers other burthens and grievances of the like nature. And this will appear if we compare all the parts of the Law, the one with the other: For this Law is in the form of a Charter written in French, and beginneth, <HI>Edward by the Grace of God, &amp;c.</HI> and is an entire grant,
<PB N="47" REF="31">and In&s;trument without Fractions, Se|ctions, and Chapters, as it is now print|ed, and containeth in it, next before this la&s;t clau&s;e concerning the impo&s;iti|ons on Woolls, which in the printed Book is <HI>Cap.</HI> 6. That the King, for no bu|&s;ine&s;s, from thenceforth, will take no man|ner of aids, mi&s;es, nor pri&s;es, but by common a&s;&s;ent. This word <HI>(mi&s;es)</HI> in French &s;ignifieth properly impo&s;itions, derived of the word <HI>mitto,</HI> in Latine <HI>(to put)</HI> &s;o the word <HI>(&s;uch things)</HI> is a con|clu&s;ion to all the premi&s;es, and hath re|lation not onely to that which is made, <HI>Cap.</HI> 7. by the Printer, and concerneth the male toll of Woolls; but to that pre|cedent which is (all other aids) impo&s;i|tions, and takings.</P>
<P>The Writ of publication of this Sta|tute &s;ent out to all parts in 26. <HI>E.</HI> 1.
<NOTE PLACE="marg">Mem. Scac. in 26. <HI>E.</HI> 1. <HI>Rem. The&s;.</HI></NOTE> ma|keth plain this con&s;truction; the words of it are, <Q LANG="lat"><HI>Concedentes quod cu&s;tumam il|lam vel aliam, &s;ine voluntate vel com|muni a&s;&s;en&s;u non capiamus:</HI></Q> The&s;e words <HI>(vel aliam)</HI> are indefinite, and extend to any other what&s;oever, be&s;ides that of Woolls. The Writ doth further di&s;|charge Merchants for the commodities of
<PB N="48" REF="32">Wooll-fells, and Leather, which are not complained of by name in the Statute; and therefore the Law was intended to other impo&s;itions as well as to tho&s;e upon Woolls.</P>
<P>The Objection made out of matter &s;ub|&s;equent to the Statute was this, that not|with&s;tanding this Law of 25 <HI>E.</HI> 1. im|po&s;itions that before the Statute had been &s;et on other Merchandize then Woolls, were &s;till an&s;wered after the Sta|tute; and for in&s;tance of this, was al|ledged,
<NOTE PLACE="marg">16. E. 1. <HI>Orig. R. The&s;.</HI></NOTE> that whereas 16. <HI>E.</HI> 1. an impo|&s;ition of 40 <HI>s.</HI> the Tun was &s;et upon Wines brought into the Kingdom, an accompt was made of this in the Exchequer in 26. <HI>E.</HI> 1. as by the Records there appear|eth; by which it &s;eemeth that the Law of 25. <HI>E.</HI> 1 was not taken to extend to Wines, and &s;uch other Commodities, o|ther then Woolls named in the Statute. It is true, &s;uch an impo&s;ition was &s;et on by <HI>E.</HI> 1. in the &s;ixteenth year of his reign,
<NOTE PLACE="marg">25, <HI>&amp;</HI> 26 E. 1. <HI>de compt. T. Mich. R. The&s;.</HI></NOTE> and an accompt made for it 25. and 26. But it appeareth by the Record of the accompt, that it was made for the time ended before the Statute made: As from the eighteenth of <HI>May,</HI> 16.
<PB N="49" REF="32"><HI>E</HI> 1. to 23 <HI>Jul.</HI> 22. <HI>E.</HI> 1. But there is no Record, that ever any accompt was made for any money received for that impo&s;i|tion for the time after the Statute made; neither was it very willingly an&s;wered before; for it appeareth by the Record that it was ten years after the &s;etting of it.</P>
<P>The third Statute alledged on the be|half of the Subject is that 34. <HI>E.</HI> 1. <HI>c.</HI> 1.
<NOTE PLACE="marg">34. <HI>E.</HI> 1. <HI>cap.</HI> 1.</NOTE> the words are the&s;e, No tallage or aid &s;hall be taken or levied by us, or our heirs in our Realm, without the good will and a&s;&s;ent of our Arch-bi&s;hops, Bi&s;hops, Earls, Barons, Knights, Burge&s;&s;es, and other freemen of the Land. Again&s;t this was objected, That this Statute was in|tended onely upon the Taxes and impo|&s;itions of things; The word <HI>Auxilium</HI> makes it clear, that it is to be intended further then of things within the Realm; for <HI>Tallagium</HI> is commonly intended of Dome&s;tical Taxes, but <HI>Auxilium</HI> is the mo&s;t u&s;ual term for impo&s;itions upon goods imported and exported, as by the Acts of Parliament by which &s;uch impo|&s;itions are given to the King in which they are called mo&s;t commonly by the
<PB N="50" REF="33">name of Aids, as proceeding of good will and benevolence.</P>
<P>The fourth Statute alledged on this part is that of 5.
<NOTE PLACE="marg">5. E. 2. <HI>cap.</HI> 14. <HI>Rot. Or|din.</HI></NOTE> <HI>E.</HI> 2. <HI>c.</HI> 14. ju&s;t in point of the matter in que&s;tion; and therefore I will &s;et it down as I finde it <HI>Verbatim</HI> in the Record in the Tower, <Q LANG="frm"><HI>En&s;ement novelles cu&s;tomes &s;ont levies, &amp; antients enhaunces come &s;ur levies drapes, vine, aver du pois, &amp; aut cho&s;es purquoy les Merchantes veynont pluis vilement, &amp; meynes de bien, menynont en la terre, &amp; les Merchants e&s;trangers demurront pluis longment que ils &s;oleyent faier, pur le quel demoure le cho&s;es &s;ont le pluis enhaunces que ils ne &s;oloyent e&s;tre, al dammage de roy, &amp; de &s;on people. Nous ordonomus que tout manners de male tolls levies puies de Coronement de Roy Ed. faier de Roy Henry &s;oyent entirement ou&s;tes, &amp; de tout e&s;treints put tout jours, nient contri&s;teant le Chartre que le dict Roy Ed fi&s;t us Mer|chants aliens, pur ceo que il fuit fair con|tra le grand. Char. &amp; encountre le Fran|chi&s;e de la City de Londres, &amp; &s;ans a&s;&s;ent de Baronage, &amp;c. Savant neque dont al Roy le cu&s;tome de leynes, peulx, &amp; de quirs, &amp;c. &s;i aver les doet.</HI></Q></P>
<PB N="51" REF="33">
<P>By this Law is recited. That by the levying of new Cu&s;toms, and by the rai&s;|ing of old, Traffique was de&s;troyed, and all things made dear; And therefore all new Impo&s;itions and Cu&s;toms were di&s;|charged <HI>Chart&acirc; Mercatori&acirc;,</HI> by which Cu&s;tom that was encrea&s;ed on Aliens, was taken away, and the rea&s;on alledged; Becau&s;e it was <HI>&s;ans a&s;&s;ent de Baronage,</HI> and again&s;t the great Charter. And this is further with this clau&s;e, Saving to the King his Cu&s;tom of Wooll, Wooll|fells and Leather, <HI>Si aver les doet.</HI> Great wars have been rai&s;ed again&s;t the credit of this Law in the Parliament Hou&s;e and Three things have been e&s;pecially object|ed again&s;t it:</P>
<P>Fir&s;t, That it is no Law; for it was en|forced upon the King, by &s;ome of the Nobility that were too &s;trong for him, the Realm being then in tumult and mu|tiny about the quarrel of <HI>Peirce</HI> of <HI>Gave|&s;ton,</HI> &s;o never had the Kings free con|&s;ent; but he gave way unto it for fear of greater mi&s;cheif.</P>
<P>Secondly, That in it &s;elf it is unju&s;t, as in taking away the Cu&s;tom granted to the King by <HI>Charta Mercatoria,</HI> 31.
<PB N="52" REF="34"><HI>E.</HI> 1. and in making doubt whether the King &s;hould have the Cu&s;tom of Woolls, <HI>&amp;c.</HI> by tho&s;e words, <HI>Saving it to him, Si aver les doet.</HI></P>
<P>The third Objection is, That if it were a Law, it is repealed.</P>
<P>To the&s;e I give particular An&s;wers.</P>
<P>To the fir&s;t: That this Statute was made both at the in&s;tance of the King and people, with a purpo&s;e and intenti|on on all parts to &s;ettle things in a &s;tay and order, both in the Kings hou&s;e and Commonwealth; the King and his Nobles &s;tanding in good terms, when this bu&s;i|ne&s;s was taken in hand; and it was be|gun and ended with great &s;olemnity and ceremony: For the King in the third year of his reign gave Commi&s;&s;ion un|der his Great Seal to 32.
<NOTE PLACE="marg"><HI>Com.</HI> 16. <HI>Mar.</HI> 3. <HI>E.</HI> 2. <HI>Rot. ordin.</HI> 5. E. 2.</NOTE> Lords &s;piritual and temporal; of which there were e|leven Bi&s;hops eight Earls and thirteen Barons; they being as Committees of the higher Hou&s;e to devi&s;e Ordinances for the good government of his hou&s;e and his Realm. In which Commi&s;&s;ion he doth for the honor of God, the good of him,
<PB N="53" REF="34">and of his Realm, of his freewill grant to the Prelates, Earls, and Barons, and others elected by the whole Kingdom, full power to ordain the State of his hou&s;e and Realm by &s;uch Ordinances as by them &s;hould be made, to the honor of God, the honor and profit of ho|ly Church, the honor of him&s;elf, the profit of him and his people, according to right and rea&s;on, and the oath he made at his Coronation.</P>
<P>The&s;e joyning with others of di&s;creet Commons in Parliament, and taking e|very of them a &s;olemn oath for their &s;in|cere demeanor in the bu&s;ine&s;s, did make this and other Ordinances, which were &s;o well liked of by the King, that after they were made, he took an oath to ob&s;erve them, and cau&s;ed them to be publi&s;hed in <HI>Pauls</HI> Church-yard by the Bi&s;hop of <HI>Salisbury,</HI> by denouncing Excommunication again&s;t all that &s;hould wilfully infringe them:
<NOTE PLACE="marg"><HI>Pullic.</HI> 3. <HI>Kal. Oct.</HI> 5. E. 2. <HI>R<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">t. ord. Pat.</HI> 5. <HI>Oct.</HI> 5. E. 2. <HI>Rot. ordin.</HI></NOTE> And by his Let|ters Patents dated 5. <HI>Oct</HI> 5. <HI>regni &s;ui,</HI> did &s;end them through the Realm to be pub|li&s;hed, and from thenceforth to be ob&s;er|ved, thereby &s;ignifying his great liking and approbation of them; after which
<PB N="54" REF="35">they had the force and power of Laws given unto them in the Parliament, in the fifth year of his reign.</P>
<P>The &s;econd Objection, which is the inju&s;tne&s;s of the Law, in&s;tanced in two points; The taking away of <HI>Charta Mercatoria,</HI> and the doubting of the Kings right to the Cu&s;tom of Wooll|fells, and Leather, <HI>&amp;c.</HI> To the fir&s;t of the&s;e, I deny it to be unju&s;t, but to be ac|cording to the Law of <HI>England,</HI> and li|berty of the Kingdom: for that Charter did contain in it divers grants of things which were not in the power of the King to grant without a&s;&s;ent of Parliament; the trial <HI>per medietatem linguae,</HI> and other things tending to the alteration of the Law, and burdening of the people; and therefore that Charter never had his un|doubted and &s;etled force, until it was confirmed by Act of Parliament, but lay a&s;leep almo&s;t twenty years together, without being put in execution, between 5, <HI>E.</HI> 2. and 27. <HI>E.</HI> 3. when it was con|firmed; for the doubt that is &s;uppo&s;ed to be made in the Statute of the Kings right to the Cu&s;tom of Wooll, Wooll-fells and Leather, I take it, there is no &s;uch doubt
<PB N="55" REF="35">made: For the words <HI>(Saving the Kings right to the Cu&s;tom of Woolls, &s;i aver les dort)</HI> have this con&s;truction, that is, at &s;uch times as he ought to have it: &s;o the word <HI>(&s;i)</HI> hath the &s;ignification of <HI>(quando)</HI> for it had been a folly to have made a Saving of that, of the right where|of they had doubted, neither is it likely but that they would have taken it away, if it had not been lawful; but there was no colour to doubt of the right of it, for it was given by Act of Parliament, and ever continued in force without chal|lenge or exceptions to the lawfulne&s;s of it.</P>
<P>The third Objection is, That this Sta|tute is repealed: To this I plead, <HI>Nullum valet recordum.</HI> If it be repealed, it mu&s;t be by Act of Parliament, for <HI>unum quod|que di&s;&s;olvitur ii&s;dem modis quibus e&s;t col|ligatum:</HI> I and others have &s;earched the Records of the Realm, and endervoured by all means to inform our &s;elves of the truth herein, &amp; we can find no Act of Par|liament of repeal: The truth is, &s;ome Kings finding the&s;e Laws not to &s;ort to their wills and humors have endeavoured to &s;uppre&s;s them, but they did never yet ob|tain
<PB N="56" REF="36">a repeal of them by Act of Parliament.</P>
<P>But it is further urged, That although there were no formal repeal of the Law, yet it was never put in execution as a Law, but even pre&s;ently upon the making was rejected, and u&s;e and practi&s;e went quite again&s;t it: and for in&s;tance hereof, a Record was vouched that <HI>E.</HI> 2 held him&s;elf &s;o little bound by it, as that in the 11. year of his reign he &s;et an Im|po&s;ition without a&s;&s;ent of Parliament up|on Wooll, Wooll-fells, Leather, Wines, Cloth, <HI>Aver de pois,</HI> and divers other kind of Merchandizes. To this I an&s;wer, that if it were true, that a di&s;tinct and impo|tent King, as he was, did contrary to the Law, doth this make the Law void, and no Law? But if we look into the whole Record, and &s;can this action of <HI>E.</HI> 2. from the beginning of it unto the end, we &s;hall finde it a very good in&s;tance to prove the practice and execution both of this Law of 5. <HI>E.</HI> 2: and of that in 25. <HI>E.</HI> 1. for it is true that <HI>E.</HI> 2. in the eleventh year of his reign did borrow of the Merchants a cer|tain &s;um of money above the due Cu&s;tom of Woolls, Wooll-fells, Wine, <HI>Averdepois,</HI> Leather, and &s;uch other goods imported
<PB N="57" REF="36">and exported; but it appeareth by the Record, he took it but for one year; he took it by the advice and coun|&s;el of the Merchants, and he took it <HI>per viam mutui,</HI> as a loan.
<NOTE PLACE="marg"><HI>Rot. clau&s;.</HI> 11. E. 2.</NOTE> The direction of the Writ is, <Q LANG="lat"><HI>Collectoribus mutui nobis per mercatores alienigenas &amp; indigenas de cer|tis rebus &amp; Merchandi&s;is u&s;que ad certum tempus faciendi.</HI></Q> This was done in good terms, he did not claim it as his right, but did borrow it, which I do think is a good evidence again&s;t his right: But what became of this? the State would not abide it, for all the&s;e fair &s;hews. And therefore afterwards the King &s;endeth out other Writs by which he di&s;chargeth all Merchandizes of this Loan, &s;aving on|ly Wooll, Wooll-fells, and Leather; and for the Loan taken upon tho&s;e Commo|dities, it was limited to continne but until <HI>Michaelmas</HI> after, and good &s;ecurity was given to the Merchants by the Cu&s;to|mers to pay them&s;elves by way of defal|cation out of the Cu&s;toms which &s;hould be due after <HI>Machaelmas,</HI> tho&s;e &s;ums which were &s;o borrowed of them.
<NOTE PLACE="marg"><HI>Rot. fi|nium</HI> 11. E. 2.</NOTE> The words of the Record are worth the ob|&s;erving, <Q LANG="lat"><HI>Cum pro expeditione guerra Sco|tiae,
<PB N="58" REF="37">&amp; aliis arduis &amp; urgentibus nece&s;&s;i|tatibus nobis multipliciter incumbentibus, pro quarum exoneratione qua&s;i infinitam pe|cuniam refundere oporobit, pecunia pluri|mum indigeamus in prae&s;enti, &amp; nuper pro eo quod exitus regni &amp; terrarum no&s;tra|rum &s;imul cum pecunia nobis in &s;ubven|tione praemi&s;&s;orum tam per Clerum quam Communitatem regni no&s;tri conce&s;&s;a ad &s;umptus praedictos cum fe&s;tinatione qua ex|pediret faciendos, non &s;ufficiunt, exquiren|tes vias &amp; modos quibus po&s;&s;emus pecuni|am habere commodius &amp; decentius pro prae|mi&s;&s;is, de con&s;ilio &amp; aavi&s;amento quorun|dam mercatorum tam alienigenarum quam indigenarum viam invenimus infra &s;cript. viz.</HI></Q> And &s;o &s;etteth down the manner of the loan, and the &s;ecurity for the payment of it: This (I take it) was neither an Impo&s;ition nor a wrong in any re&s;pect. Al&s;o by the fir&s;t Record it appeareth, that the Loan &s;et on Wines, <HI>Averdepois,</HI> and &s;uch other Commodities, be&s;ides Wooll, Woll-fells and Leather, were pre|&s;ently di&s;charged by <HI>E.</HI> 2. which &s;heweth they were taken to be within the intent of the Statute of 25 <HI>E.</HI> 1.</P>
<P>The fifth Statute alledged on the behalf
<PB N="59" REF="37">of the Subject is that 14. <HI>E.</HI> 3. <HI>Stat</HI> 1. <HI>c.</HI> 21.
<NOTE PLACE="marg">14. E. 3. <HI>Stat.</HI> 1. <HI>cap.</HI> 21.</NOTE> by which the Commons pray the King to take no more then the old Cu&s;tom of the half Mark. The King prayeth aid of the Commons for a time above the Cu|&s;tom upon his nece&s;&s;ity of Wars. And the conclu&s;ion is, that by that Act the King doth grant that after the Fea&s;t of Penteco&s;t, twelve moneths following, he will take no more of Woolls, Wooll-fells and Leather, but the old Cu&s;tom, and doth promi&s;e to charge, &s;et, or a&s;&s;e&s;s upon the Cu&s;tom but in manner as afore&s;aid.</P>
<P>The &s;ixth Statute is 14. <HI>E.</HI> 3. <HI>Stat</HI> 2.
<NOTE PLACE="marg">14. E. 3. <HI>&s;tat.</HI> 2. <HI>c.</HI> 1</NOTE> <HI>cap.</HI> 1. The King doth grant by way of Charter to the Prelats, Earls, Barons, Com|mons, Citizens, Burge&s;&s;es and Merchants, that they be not from henceforth charged nor grieved to make any aid or &s;u&s;tain charge, if it be not by the common con&s;ent of the Prelates, Earls, Barons, and other great men, and Commons of the Realm, and that in Parliament.</P>
<P>The&s;e two Statutes grew upon an occa|&s;ion of an Impo&s;ition &s;et on Wooll by the King without a&s;&s;ent of Parliament: Little hath been objected again&s;t them, but only to the fir&s;t, that it was obtained of grace,
<PB N="60" REF="38">and not upon in&s;tance of right, which they gather out of the words of the Law, which are, The Commons pray the King that he would &s;tabli&s;h, that from hence|forth no more then the old Cu&s;tom be ta|ken. The like rea&s;on may be made again&s;t the King out of the &s;ame words in the &s;ame Law: for the King in the &s;ame Act prayeth the Commons to give him an Impo&s;ition upon Woolls for a time above the old Cu|&s;tom: but the Record of the Petitions ex|hibited in Parliament on which the&s;e two Laws are made, cleareth the objection.</P>
<P>The fir&s;t was delivered by the Lords in this form,
<NOTE PLACE="marg"><HI>Rot. Par.</HI> 13. E. 3. <HI>num.</HI> 5.</NOTE> <HI>Les grands volunt,</HI> that the male toll &s;et on Woolls newly, be altogether a|bated, and that the old Cu&s;tom be held, and that they may have this in point of Charter, and by inrolment in Parliament. This word <HI>(volunt)</HI> had been too high for a fuit of grace, and therefore mu&s;t be in|tended of right. The Commons Petition in form is &s;omewhat humble, but in effect and purpo&s;e is rough and &s;tern: The words are the&s;e,
<NOTE PLACE="marg"><HI>Rot. Par.</HI> 13. E. 3. <HI>num.</HI> 13.</NOTE> The Commons pray that the male toll of Woolls be taken as it was u&s;ed in antient time, which is now enhanced without the a&s;&s;ent of the Com|mons,
<PB N="61" REF="38">and <HI>(grandes)</HI> as we conceive, and that if it be otherwi&s;e demanded, that e|very one of the Commons may arre&s;t them without being challenged. Accord|ing to the&s;e Petitions, the fir&s;t of the&s;e two Laws is by inrolment in Parliament: the &s;econd is in form of a Charter; the fir&s;t doth expre&s;s &s;ome &s;pecial commodities: The &s;econd doth reach generally at all.</P>
<P>The &s;eventh Law directly touching this point, is that 14. <HI>E.</HI> 3. <HI>Stat.</HI> 2. <HI>cap.</HI> 2.
<NOTE PLACE="marg">13. E. 3. <HI>&s;tat.</HI> 2. <HI>c.</HI> 2</NOTE> The King doth grant according to the Great Charter, that all Merchants, Deni|zens and foreigners may without let &s;afe|ly come into the Realm of <HI>England</HI> with their goods and Merchandizes, and &s;afely tarry, and &s;afely return, paying the Sub|&s;ides, Cu&s;toms and other profits rea&s;on|ably due. Upon the words of this Law, was great advantage taken, in this, that be&s;ides Cu&s;tom and Sub&s;idy, which com|prehend all the certain and ordinary du|ties the King hath upon the wares and goods of Merchants, there are other pro|fits &s;poken of to be due: The&s;e they affirm cannot be under&s;tood but of Impo&s;itions by the King without a&s;&s;ent of Parliament.</P>
<P>To this I an&s;wer; if they were not du|ties
<PB N="62" REF="39">due to the King be&s;ides Cu&s;tom and Sub&s;idy, which might &s;atisfie the intenti|on of the&s;e words, this objection might have had &s;ome colour in it; but it is plain that be&s;ides the&s;e two, there are other profits due to the King upon Mer|chants goods, as Scavage, Tonage, and the like.</P>
<P>And you &s;hall finde a Petition in Par|liament,
<NOTE PLACE="marg"><HI>Rot. Par.</HI> 50. E. 3. <HI>nu.</HI> 163.</NOTE> 50. <HI>E.</HI> 3. again&s;t the rai&s;ing of the&s;e above the old rate.</P>
<P>The eighth Law is,
<NOTE PLACE="marg">15. <HI>E.</HI> 3. <HI>&s;tat.</HI> 2. <HI>c.</HI> 5</NOTE> <HI>E.</HI> 3. <HI>Stat.</HI> 2. <HI>cap.</HI> 5. whereby it is enacted that every Merch|ant may freely buy and &s;ell, and pa&s;s the Sea with their Merchandizes of Wooll and all other things, paying the Cu&s;tom of old time u&s;ed, according to the Sta|tute made in the la&s;t Parliament in Mid|lent, which was the <HI>Stat.</HI> 14. <HI>E.</HI> 3. <HI>&s;tat.</HI> 2. <HI>cap.</HI> 2. This Law doth expre&s;ly exclude the novelty of Impo&s;itions.</P>
<P>The ninth Law is that 18.
<NOTE PLACE="marg">18 E. 3. <HI>&s;tat.</HI> 1. <HI>c.</HI> 3</NOTE> <HI>E.</HI> 3. <HI>&s;tat.</HI> 1. <HI>ca.</HI> 3. whereby it is enacted, That the Sea be open to all manner of Merchants to pa&s;s with their Merchandizes where it &s;hall plea&s;e them.</P>
<P>The tenth is,
<NOTE PLACE="marg">27. <HI>E.</HI> 3. <HI>&s;tat.</HI> 2. <HI>c.</HI> 2</NOTE> 27. <HI>E.</HI> 3. <HI>&s;tat.</HI> 2, <HI>cap.</HI> 2 for the a&s;&s;urance of Merchants-&s;trangers and o|ther,
<PB N="63" REF="39">the King doth will and grant for him and his Heirs, that nothing &s;hall be taken over the due Cu&s;toms, not taken of them to his u&s;e by colour of &s;uit, or in o|ther manner again&s;t their wills.</P>
<P>The eleventh is, 38. <HI>E.</HI> 3. <HI>cap.</HI> 2.
<NOTE PLACE="marg">38. <HI>E.</HI> 3. <HI>cap.</HI> 2.</NOTE> that all manner of Merchants aliens and Deni|zens may buy and &s;ell all manner of mer|chandizes, and freely carry them out of the Realm, paying the Cu&s;toms and Sub&s;i|dies thereof due.</P>
<P>The la&s;t is 22. <HI>H.</HI> 8. <HI>cap.</HI> 8.
<NOTE PLACE="marg">22. <HI>H.</HI> 8. <HI>cap.</HI> 8.</NOTE> by which it was enacted that Tables &s;hould be &s;et up in Ports, by which the certainty and very duty of every Cu&s;tom, Toll, and Duty, or &s;um of money to be demanded and requi|red of Wares and Merchandizes &s;hall and may plainly appear and be declared, to the intent that nothing be exacted other|wi&s;e then in old time hath been u&s;ed and accu&s;tomed.</P>
<P>By this late Law it appeareth that the judgment of the whole Parliament was at that time, That nothing was due upon Wares and Merchandizes, but that which which was certain: and had been antiently due, by which Impo&s;itions are excluded, who&s;e qualities are novel|ty
<PB N="64" REF="40">and incertainty, as being &s;et on, as pre&s;ent occa&s;ion moveth, and proportioned for quantity and other circum&s;tances, as the will of the King di|recteth.</P>
<P>The&s;e are the Laws which I conceive mo&s;t directly tend to the re&s;training the Kings of <HI>England</HI> from the exerci&s;e of that irregular power of impo&s;ing, at the fir&s;t offered by them to be put in execu|tion, yet not pre&s;&s;ed as their right, and never practi&s;ed but upon oppo&s;ition of the whole State, and at la&s;t de&s;erted and given over until of late; as by that which followeth in the fourth place will ap|pear.</P>
<P>My fourth and la&s;t a&s;&s;ertion is,
<NOTE PLACE="marg"><HI>Cu&s;tom</HI> 4</NOTE> That this practi&s;e of impo&s;ing without a&s;&s;ent of Parliament, is <HI>contra morem Majorum.</HI> In this I will make an hi&s;torical perlu&s;trati|on of the times pa&s;t, whereby I will di&s;|cover and make known what pa&s;&s;ages have been in this bu&s;ine&s;s in this King|dom, and e&s;pecially in the high Court of Parliament for the &s;pace of 300 years and more la&s;t pa&s;t, &s;ince the beginning of the reign of <HI>E.</HI> 1 &s;ithence which time, and not before, this Kingdom hath grown into
<PB N="65" REF="40">the glory and reputation of foraigne traffique. And as a worthy Gentleman of the Kings learned Councel, made cer|taine con&s;iderations upon this que&s;tion, framed and &s;trengthened out of the greatne&s;s of his wit and rea&s;on: &s;o I grounding my &s;elf upon the practice of former times, which is the &s;afe&s;t rule whereby to &s;quare the right both of King and people in this Common-wealth, where their right is <HI>jus con&s;uetudinarium,</HI> a right that groweth by u&s;e and practice, I will propo&s;e unto you certaine ob&s;er|vations out of the action and experi|ence of former times untill the raignes of the two late Queenes: by which you may the better ground and frame your judgements in the determination of the right in this que&s;tion.</P>
<P>My fir&s;t ob&s;ervation is in point of cir|cum&s;tance, that there never was any Im|po&s;ition &s;et, but in time of actuall war, and <HI>duplicatis vexillis:</HI> they were &s;et on very rarely and &s;paringly, but for a &s;hort time, and that certaine and definite, and upon &s;ome few commodities, and that by the a&s;&s;ent of the Merchants that were to beare the burthen. In our
<PB N="66" REF="41">time the occa&s;ion not &s;o &s;en&s;ible, the continuance to be perpetual, the number many hundreds, almo&s;t no kinde of Com|modity &s;pared. I will give you &s;ome few In&s;tances of the&s;e circum&s;tances out of the Records them&s;elves.</P>
<P>The maletole of Wooll &s;et on by King <HI>E.</HI>
<NOTE PLACE="marg">22. <HI>E.</HI> 1. <HI>orig. Scacc. Rent. The&s;.</HI> 22. <HI>E.</HI> 1. <HI>mem. Scac. R. The&s;. T. Mich. Rot. parl.</HI> 17. <HI>E.</HI> 3.. <HI>nu</HI> 28.</NOTE> 1. which gave the occa&s;ion, of the Stat. 25. yeare of his raigne, was gi|ven by Merchants. The Record &s;aith, <Q LANG="lat"><HI>Mercatores gratanter conce&s;&s;erunt in &s;ub|&s;idium guerrae Regis.</HI></Q> It further &s;heweth, it was for his nece&s;&s;ity of Warre, which then was great al&s;o.</P>
<P>For the time of <HI>F.</HI> 3. there need not many in&s;tances; for his whole raigne was almo&s;t an actuall warfare; As in the &s;ixt year of his raigne for his war in <HI>Scotland</HI> and <HI>Ireland.</HI> In the thirteenth year of his raigne for his war in <HI>France,</HI> &s;everall Impo&s;itions were &s;et on</P>
<P>In the &s;eventeenth year of <HI>E.</HI> 3. the Record in the Tower mentioneth that forty &s;hillings Impo&s;ition was upon a &s;acke of Wooll by the grant of Mer|chants,
<NOTE PLACE="marg"><HI>Rot. parl.</HI> 50. <HI>E.</HI> 3. <HI>nu.</HI> 38.</NOTE> and it was in the time of VVar.</P>
<P>In the twentieth yeare of King <HI>E.</HI> 3. it appeareth in the Record, that the Im|po&s;ition
<PB N="67" REF="41">then put upon VVools, was by the a&s;&s;ent of Merchants for two years, for the nece&s;&s;ity the King had in his pa&s;&s;age over the &s;ea, to recover his right, and to defend the Realme.</P>
<P>My &s;econd ob&s;ervation is, Never any Impo&s;ition was &s;et on by the King out of Parliament, but complaint was made of it in Parliament; and not one that ever &s;tood after &s;uch complaint made, but remedy was afforded for it; <HI>Et quod Rex incon&s;ulto fecit, con&s;ulto revo|cavit,</HI> his Soveraigne power controlled his &s;ubordinate. In which it is a thing very notable, that the King in no one Ca&s;e ever claimed, or &s;o much as ever named his right or prerogative, which no doubt would have been done, if it had been thought due, but gave &s;atisfaction to the complaint by one of the&s;e three waies; Either by di&s;charging them quite, and making &s;ome good Law again&s;t them.</P>
<P>Secondly, by intreating the people to hold them &s;ome &s;hort time by their favor.</P>
<P>Thirdly, by waving his pre&s;ent po&s;&s;e&s;&s;i|on, and taking that of their gift by Act
<PB N="68" REF="42">of Parliament, as an aide which he had &s;et on by his ab&s;olute power as an Impo|&s;ition.</P>
<P>In&s;tances of the fir&s;t 25.
<NOTE PLACE="marg">25. <HI>E.</HI> 1. <HI>ca.</HI> 7. <HI>Rot. parl.</HI> 38. <HI>E.</HI> 3. <HI>n.</HI> 26. 38. <HI>E.</HI> 3. <HI>cap.</HI> 2. 45. <HI>E.</HI> 3. <HI>cap.</HI> 4. 18. <HI>E.</HI> 3. <HI>cap.</HI> 10, 11. <HI>R.</HI> 18. <HI>E.</HI> 3. <HI>cap.</HI> 3. <HI>l.</HI> 1 21. <HI>E.</HI> 3. <HI>n.</HI> 11. <HI>R. Parl.</HI> 25. E. 3. <HI>n.</HI> 22. <HI>rot. Parl.</HI></NOTE> <HI>E,</HI> 1. the Impo&s;itions of Wools taken off, and a Law made again&s;t it, and the King un|dertook for him and his &s;ucce&s;&s;ors to doe &s;o no more: 38 <HI>E.</HI> 3.26. the Impo&s;iti|on of three &s;hillings foure pence on a &s;acke of Wooll put off upon complaint, and a Law made again&s;t it, 38 <HI>E.</HI> 3. <HI>ca.</HI> 2. the like Statute 45 <HI>E.</HI> 3. <HI>c.</HI> 4. upon a com|plaint of an Impo&s;ition on Wools made in Parliament, 45. <HI>E.</HI> 3. <HI>n.</HI> 42. <HI>Rot. Parl.</HI></P>
<P>In&s;tances of the &s;econd 21. <HI>E.</HI> 3. <HI>nu.</HI> 11. a petition upon an Impo&s;ition of 2. s. upon a &s;acke of Wool, 2. s upon a tunne of VVine, and &s;ix pence upon <HI>aver de pois,</HI> all di&s;charged pre&s;ently, &s;aving the two &s;hillings upon a &s;acke of Wool, and for that intreated that it might &s;tay till Ea&s;ter following, and &s;o it did, and was then taken away.</P>
<P>In&s;tance of the third 25 <HI>E.</HI> 3. <HI>nu.</HI> 22. the Commons made petition again&s;t an impo&s;ition of fourty &s;hillings upon a &s;ack of Wool granted to the King by the Mer|chants, &s;hewing that they ought not to
<PB N="69" REF="42">be bound by their act. The King did not claime right or ju&s;tice, but becau&s;e his warres were great, upon his reque&s;t had it granted unto him for two yeeres by Act of Parliament, and pretended no title of Prerogative, neither was it ever &s;poken of.</P>
<P>My third ob&s;ervation is that our Kings have acknowledged that it is not their right. <HI>E.</HI>
<NOTE PLACE="marg"><HI>Orig. in Scau.</HI> 31. E. 1. <HI>R. The&s;.</HI></NOTE> 1 in his Writs he &s;ent to the Officers of his parts to levie three pence on the pound over the old cu&s;tome, or the Denizons as well as of the Aliens, and to &s;uffer the Denizons to enjoy tho&s;e pri|vileges the Aliens did enjoy by the pay|ment of the encrea&s;e of Cu&s;tome, doth give this direction expre&s;ly. That they &s;hould not take it of Denizons again&s;t their will. The words of the Record ex|pre&s;s it very fully, <Q LANG="lat"><HI>Cum mercatores extra|nei &amp; alienigenae pro quibu&s;dam liberta|tibus eis per nos conce&s;&s;is &amp; pri&s;cis no&s;tris quibu&s;cunque remi&s;&s;is, nobis de bonis &amp; merchandi&s;is &s;uis quibu&s;cunque infra reg|num &amp; pote&s;tatem no&s;tram adducend. ultra antiquas cu&s;tumas dare conce&s;&s;erint prae|&s;tationes &amp; cu&s;tumas &s;ub&s;criptas, viz</HI></Q> and &s;o &s;etteth down the increa&s;es, and among&s;t
<PB N="70" REF="43">the re&s;t this three pence upon the pound, and &s;o proceedeth, <Q LANG="lat"><HI>Ac quidam mercato|res de regno no&s;tro &amp; pote&s;tate no&s;tra, ut ip&s;is dictis libertatibus &amp; immunitatibus uti &amp; gaudere, &amp; quod de pri&s;is no&s;tris quieti e&s;&s;e po&s;&s;iut, prae&s;tationes &amp; cu&s;tumas huju&s;modi de bonis &amp; merchandi&s;is &s;uis no|bis &s;olvere velint, ut accepimus, a&s;&s;ignavi|mus vos, &amp;c. ad cu&s;tumas &amp; prae&s;tationis praedictas de mercatoribus de regno &amp; po|te&s;tate nostra colligend. qui eas gratanter &amp; &s;ine coercione &s;olvere voluerint. Ita tamen quod aliquem mercatorem de dicto regno &amp; pote&s;tate no&s;tra ad praestationes &amp; cu&s;tumas huju&s;modi nobis invito &s;ol|vend. nallatenus di&s;tringatis.</HI></Q> Surely if <HI>E.</HI> 1. had claimed the prerogative of impo&s;ing, he would never have given the&s;e cautions in the requiring of that which he had taken to be his due, as that they &s;hould not exact it of any of his &s;ubjects that were not willing to pay it, nor trouble nor di&s;traine them for it.</P>
<P>In the twelfth yeere of <HI>E.</HI> 3. we finde the Record of certaine letters written from the King being then at <HI>Barwick</HI> in the Scotti&s;h Warres,
<NOTE PLACE="marg"><HI>Rot. Alem.</HI> 12. <HI>E.</HI> 3. <HI>dorm.</HI> 21. <HI>in turr&punc;</HI></NOTE> unto the Arch|bi&s;hop of <HI>Canterburie,</HI> in which letters
<PB N="71" REF="43">the King &s;eemeth to have a great con|fidence in the devotion of the Arch|bi&s;hop, and therefore earne&s;tly in|treateth him to further his enterpri&s;es with his prayers to God, and then addeth further;</P>
<Q LANG="lat"><HI>Ad hoc pater, cum populus regni no&s;tri variis oneribus, tallagiis &amp; impo&s;itionibus hactenus praegravetur (quod dolenter referimus) &s;ed inevitabili nece&s;&s;itate compul&s;i de ei&s;dem oneribus ip&s;um adhuc relevare non valemus dictum populum, ut tautam nece&s;&s;itatem no&s;tram humiliter &amp; benigne patiatur &amp; caritativ&egrave; &s;u&s;tineat, &amp; priorem (quam penes nos concepit de cetero in&s;tanter in orationibus &amp; eleemo&s;y|nis &s;uis, oneribus praedicts, quae non ex malitia vel pre&s;umptione voluntaria ip|&s;um gravant, non ob&s;tantibus) exhibeant caritatem, indulgentiam muneribus &amp; aliis modis, quibus &s;ecundum Deum vide|bitis piis exhortationibus inducatis, &amp; nos penes eundem excu&s;etis; &s;peramus namque per Dei gratiam, cujus manus cunctis in|digentibus &s;ola &s;ufficiens, &amp; largiflua com|probatur, beneficiis compen&s;atius dictum populum vi&s;itare &amp; con&s;olari pro loco &amp; tempore opportunit.</HI></Q>
<PB N="72" REF="44">
<P>The principall thing I note out of this Record upon the very point of this my third ob&s;ervation, is that the King in|tending to excu&s;e him&s;elf of the burthens by him laid on the people, and to avoid the blemi&s;h of wrong and inju&s;tice in laying thereon, &s;aith they were not <HI>onera ex pre&s;umptione voluntaria,</HI> that is, bur|thens that he pre&s;umed to lay on at his owne will, whereby he condemneth im|po&s;itions without a&s;&s;ent of Paliament, which are <HI>(onera ex voluntate Regis)</HI> to proceed of pre&s;umption, which doth clearly exclude clame of right, and di&s;|proveth the lawfulne&s;s of the Act. But there are divers other notable pa&s;&s;ages in the Record worthy our marking; As out of the word <HI>(praegravantur)</HI> u&s;ed by the King wee may gather hee did ac|compt the&s;e Impo&s;itions a grievous bur|den to his people, which &s;heweth his owne pity of them. He &s;aith further, <HI>Do|lentes referimus,</HI> &s;hewing his griefe and remor&s;e at it, <HI>&amp; inevitabili nece&s;&s;itate compnl&s;i,</HI> he did it con&s;trained by una|voidable nece&s;&s;ity, &s;hewing he was for|ced to it again&s;t his will, by that which violateth and breaketh all law which
<PB N="73" REF="44">inferreth, he would not maintaine his action by law; <HI>Adhuc relevare non va|lemus;</HI> this in&s;inuates, he would ea&s;e them in good time; <HI>caritatem exhibereut,</HI> they &s;hould afford him charity in the bearing of them, as if &s;o be in point of ju&s;tice or right they need not, <HI>Penes eun|dem excu&s;etis,</HI> the Bi&s;hop &s;hould excu&s;e him to the people. By this he did clear|ly leave the point of ju&s;tification and &s;o of right: la&s;tly he promi&s;eth he would vi&s;it and comfort them <HI>beneficiis compen&s;ativis,</HI> would give them recom|pence for tho&s;e &s;ummes he had &s;o rai&s;ed of them; which &s;heweth that he claim|ed them not as due, for then he needed not give recompence for them.</P>
<P>In the one and twentieth yeere of <HI>E.</HI>
<NOTE PLACE="marg"><HI>Rot. Parl</HI> 21. E. 3. <HI>n.</HI> 16.</NOTE> 3. a petition was exhibited in Parliament, that Levies be not made by Commi&s;&s;ion (&s;o they be in this ca&s;e) nor other things laid upon the people unle&s;s they be gran|ted in Parliament. The Kings an&s;wer is, If any &s;uch impo&s;itions were made, it was by great nece&s;&s;ity, and with a&s;&s;ent of the Prelates, Barons and &s;ome of the Com|mons pre&s;ent; yet he will not that &s;uch Impo&s;itions not duly made be drawne
<PB N="74" REF="45">in con&s;equence. Here the King acknow|ledgeth an Impo&s;ition not to be duly made, though with the con&s;ent of the Higher Hou&s;e, and &s;ome of the Com|mons, becau&s;e it was not in full Parlia|ment: much rather he would have thought &s;o, if it had been by the King alone.</P>
<P>King <HI>E.</HI> 4. (that was a rough and warlike Prince, and was more beholding to his &s;word in the recovery of his right to the Crowne then to the affection of the people) at a Parliament held the &s;eventh yeere of his reigne made a Speech to the Commons, Sir <HI>John Say</HI> being then Speaker, in which Speech is contained very notable matter, and very pertinent to our purpo&s;e; and be|cau&s;e the Record is not in print, I will &s;et downe the Kings Speech <HI>verbatim</HI> as it is entred upon the Parliament roll,
<NOTE PLACE="marg"><HI>Rot. parl.</HI> 7. <HI>E.</HI> 4. The Re|cord be|gins, <HI>Me|moran|dum quod die vene|ris.</HI> 3. <HI>die Parl.</HI></NOTE> and then I will make a paraphra&s;e upon it; <Q><HI>Iohn Say,</HI> and ye Sirs come to this my Court of Parliament for the Commons of this my Realme; The cau&s;e why I have cald and &s;ummoned this my pre&s;ent Par|liament, is, that I purpo&s;e to live upon mine own, and not to charge my &s;ubjects
<PB N="75" REF="45">but in great and urgent cau&s;es, concern|ing more the VVeale of them&s;elves, and al&s;o the defence of them and of this my Realme, rather than mine owne plea|&s;ure, as heretofore by Commons of this Land hath beene done, and borne unto my progenitors in time of need; wherein I tru&s;t that yee Sirs, and all the Commons of this my Land will be as tender and kinde unto me in &s;uch ca&s;es as heretofore any Com|mons have been to any of my proge|nitours. And for the good will, kind|ne&s;s, and true hearts that yee have borne, continued, and &s;hewed to me at all times heretofore, I thanke you as heartily as I can: al&s;o I tru&s;t yee will continue in time coming; for which by the grace of God I &s;hall be to you as good and gracious a King, and reigne as righteou&s;ly upon you as ever did any of my progenitors upon Commons of this my Realme in dayes pa&s;t, and &s;hall al&s;o in time of need apply my per&s;on for the VVeale and defence of you, and of this my Realme, not &s;pa|ring my body nor life for any jeo|pardy that might happen to the &s;ame.</Q></P>
<PB N="76" REF="46">
<P>Out of this we may ob&s;erve fir&s;t the Kings Prote&s;tation to live of his owne, and not to charge his &s;ubjects; by which I gather he did acknowledge a certain and di&s;tinct property of that which way his &s;ubjects from that which was his own, which excludeth the right to impo&s;e at his will; for if that be admitted, the &s;ubjects property is <HI>proprietas precaria,</HI> not certaine how much of his is his owne: for that is his which the King will leave him; for there is no limit or re&s;traint of the quantity, the right being admitted, but onely the Kings will.</P>
<P>The &s;econd thing I ob&s;erve is this, that in charging of his &s;ubjects he would con|fine him&s;elfe between the&s;e two bounds; the one, it &s;hould bee in great and ur|gent cau&s;es concerning more the Weale of them, and the defence of them and his Realme, than his owne plea&s;ure; wherein he condemneth tho&s;e occa&s;ions that grew upon exce&s;&s;e of private ex|pence by over great bounty, or other|wi&s;e, and admitteth onely &s;uch as grow by rea&s;on of warres, or other &s;uch like publique cau&s;es concerning the whole
<PB N="77" REF="46">State: the other bound or limit is, that tho&s;e burdens &s;hould be <HI>&s;ecundum mo|rem majorum,</HI> as heretofore had been done and borne by the Commons to his ance&s;tours in time of need.</P>
<P>The third thing I ob&s;erve is, that he acknowledged the&s;e burdens did pro|ceed out of their good will and kind|ne&s;s, and not out of his right and prerogative; out of the&s;e words, that he tru&s;ted they would bee as ten|der and kinde to him in &s;uch ca&s;es as heretofore any Commons had been to his Progenitors: And la&s;tly wee may note the recompence promi&s;ed by the King to his &s;ubjects, for their good wills and kindne&s;s, his goodne&s;s and grace, his ju&s;t and righteous govern|ment; the jeopardy of his body and life for their Weale and defence Did this King a&s;&s;ume to him&s;elfe a right to lay burdens on his &s;ubjects at his own will without their a&s;&s;ents, that offered to buy them at his need with the price of his blood, the mo&s;t &s;acred relique in the kingdome?</P>
<P>My fourth ob&s;ervation is that in all petitions exhibited by the Commons
<PB N="78" REF="47">in Parliament, again&s;t Impo&s;itions, the very knot of their griefe and the prin|cipal cau&s;e of their complaint hath been expre&s;&s;ed in tho&s;e petitions; that the im|po&s;itions have been without a&s;&s;ent of Parliament: by which is nece&s;&s;arily in|ferred, that their griefe was in point of right, not of burden.</P>
<P>In 11.
<NOTE PLACE="marg"><HI>Rot. parl.</HI> 21. <HI>E.</HI> 3. <HI>nu.</HI> 11.</NOTE> <HI>E.</HI> 3. <HI>nu.</HI> 11 the complaint of the Impo&s;ition of two &s;hillings upon a &s;acke of Wooll, two &s;hillings upon a Tonne of Wine, &s;ix pence upon <HI>aver de pois,</HI> the cau&s;e of grievance expre&s;&s;ed becau&s;e it was done <HI>Sans a&s;&s;ent de Com|mons.</HI></P>
<P>25 <HI>E.</HI>
<NOTE PLACE="marg"><HI>R. Pari.</HI> 25, <HI>E.</HI> 3. <HI>n.</HI> 22.</NOTE> 3. <HI>n.</HI> 22. In a petition the Com|mons complaine that an impo&s;ition upon Wools was &s;et by the con&s;ent of the merchants; they pray that Commi&s;&s;i|ons bee not made upon &s;uch &s;ingular grants, if they be not in full Parliament; and if any &s;uch grants be made, they may he held as void.</P>
<P>17 <HI>E</HI> 3.
<NOTE PLACE="marg"><HI>R. Parl.</HI> 17. E. 3. <HI>n.</HI> 28</NOTE> <HI>n.</HI> 28. The Commons in their petition informe the King, it is again&s;t rea&s;on they &s;hould be charged with im|po&s;itions &s;et on by a&s;&s;ent of Merchants, and not in Parliament.</P>
<PB N="79" REF="47">
<P>My fifth ob&s;ervation is, that when|&s;oever any petition was exhibited again&s;t impo&s;itions, there was never any re|&s;pect had of the quantity, but they were ever intirely abated, as well where they were &s;mall, as where they were great; no reque&s;t ever made to make them le&s;s when they were great, nor excu&s;e made of their ea&s;e when they were exceeding &s;mall; which &s;heweth that it was not the point of bur|den or exce&s;&s;e was re&s;pected in their complaint, but the point of meere right.</P>
<P>25 <HI>E.</HI> 3. <HI>nu.</HI> 22.
<NOTE PLACE="marg"><HI>R. Parl.</HI> 25. E. 3. <HI>nu.</HI> 22.</NOTE> Fourty &s;hilling &s;et an impo&s;ition upon a &s;acke of Wooll, upon complaint, all taken off, and no &s;uit to be ea&s;ed of part becau&s;e it was too great.</P>
<P>36. <HI>E.</HI> 3. <HI>nu.</HI> 26.
<NOTE PLACE="marg"><HI>ibid.</HI> 38. E. 3 <HI>n.</HI> 26 21. E. 3. <HI>n.</HI> 11.</NOTE> Three &s;hillings and four pence upon a &s;acke of VVool, all taken off, and no excu&s;e made for the &s;malne&s;s; for 21 <HI>E.</HI> 3. <HI>nu.</HI> 11 two &s;hil|lings a &s;acke, two &s;hillings tonnage, and &s;ix pence poundage.</P>
<P>50 <HI>E.</HI> 3. <HI>nu.</HI> 163.
<NOTE PLACE="marg"><HI>R. Parl.</HI> 50. E. 3. <HI>nu.</HI> 163.</NOTE> A great complaint was made in Parliament by the Com|mons that an impo&s;ition of a penny
<PB N="80" REF="48">was &s;et upon wools for Tonage over and above the ancient due which was but a penny, and &s;o the &s;ubject was charged with two pence.</P>
<P>Al&s;o that a penny was exacted for Me&s;onage, which was but an halfe pen|ny; which Impo&s;itions the Record doth expre&s;s did amount to an hundred pounds a yeere.</P>
<P>This petty impo&s;ition was as much &s;tood upon in point of right, as the other great one of fourty &s;hillings, and was taken off upon complaint in Parlia|ment, without either ju&s;tification or ex|cu&s;e for the &s;malne&s;s of it.</P>
<P>My &s;ixth ob&s;ervation is, that tho&s;e which have advi&s;ed the &s;etting on of impo&s;itions without a&s;&s;ent of Parlia|ment, have been accu&s;ed in Parliament forgiving that advice, as of a great offence in the State, and have &s;uffered &s;harpe cen&s;ure and great di&s;grace by it.</P>
<P>Neither doe I finde that the quality of the per&s;on hath extenuated the blame, as 50. <HI>E.</HI> 3 <HI>William</HI> L. <HI>Latimer</HI> Cham|berlaine to the King, and one of his private Councell, was accu&s;ed by the Commons in Parliament of divers
<PB N="81" REF="48">deceits and extortions and mi&s;deeds, and among other things, that he had procu|red to be &s;et upon Wooll, Wooll-fells and other Merchandizes, new Impo&s;itions, to wit, upon a &s;ack of Wool eleven &s;hillings, which the L. <HI>Latimer</HI> fought to excu&s;e, becau&s;e he had the con&s;ent and good liking of the Merchants fir&s;t: But judg|ment was given again&s;t him that he &s;hould be committed to pri&s;on, be fined and ran&s;omed at the Kings will, and be put from being of the Council; and this procuring of Impo&s;itions to be &s;et on without a&s;&s;ent of Parliament is expre&s;ly &s;et down in the entry of the judgment for one of the cau&s;es of his cen&s;ure.</P>
<P><HI>Richard Lyons</HI> a Farmer of the Cu|&s;toms in <HI>London</HI> the &s;ame year was accu|&s;ed in Parliament for the &s;ame offence;
<NOTE PLACE="marg"><HI>Rot. Par.</HI> 50. E. 3. <HI>n.</HI> 17, 18, 19, 20.</NOTE> he pleaded, he did it by the Kings com|mand, and had an&s;wered the money to the Kings Chamber: Yet was condemn|ed and adjudged in Parliament to be com|mitted to Pri&s;on, and all his Lands and Goods were feifed into the Kings hand; and at the la&s;t the hate again&s;t the&s;e authors of Impo&s;itions grew &s;o that 50. <HI>E.</HI> 3. in the &s;ame Parliament, a peti|tion
<PB N="82" REF="49">was exhibited in Parliament to make this a capital offence; The Record is very &s;hort, and therefore I will &s;et it down <HI>verbatim. <Q LANG="frm">Item prie le dit Com|mon que &s;cit ordaine per Statute en ce&s;t pre|&s;ent Parliament de touts ceux queux cy en avant mittont ou font pur lour &s;in|guler profit novels Impo&s;itions per lour au|thoritie deme&s;n accrocheants al eux eny ul power de riens que &s;oit e&s;tabli en Parlia|ment, &s;ans a&s;&s;ent de Parliament, que ils eyent judgement de vie &amp; member, &amp; de forisfacture.</Q></HI> To this rough Petition the King gave a milde and temperate An&s;wer, <Q LANG="frm"><HI>Courre la Common ley come e&s;toit al a|vant u&s;e.</HI></Q></P>
<P>My &s;eventh Ob&s;ervation is, the ce&s;|&s;ation between 50. <HI>E.</HI> 3. after this cen|&s;ure in Parliament, and 4. <HI>Mariae</HI> almo&s;t two hundred years, during which time no King did attempt to impo&s;e without a&s;&s;ent of Parliament: And yet we finde in the Parliament Rolls, that there was not one of tho&s;e Kings that reigned in that time, but had Impo&s;itions granted him upon fit occa&s;ion by Act of Parlia|ment upon all Goods and Merchandizes, and at divers times during their reigns,
<PB N="83" REF="49">&s;ometimes more, &s;ometimes le&s;s upon the Ton and pound, but ever for a time cer|tain, and indefinite; &s;o the u&s;e of them was not given over, but the power of Im|po&s;ing was &s;o clearly and undoubtedly held to be in the Parliament, as no King went about to practice the contrary.</P>
<P>But to this ce&s;&s;ation that was of great weight and credit in our evidence, a co|lour was given by the other &s;ide to avert the in&s;erence made upon it, again&s;t the Kings right, that is, that during that time there was &s;o great a Revenue grew to the Crown by double Cu&s;tom paid for all Merchandizes both in <HI>England</HI> and at <HI>Callis,</HI> by rea&s;on of an Act of Parliament made 8. <HI>H.</HI> 4. which was, that no goods &s;hould be carried out of the Realm but to <HI>Callis,</HI> and by rea&s;on that the Merchants paid Cu&s;tom both there and here for the &s;ame goods, that in the &s;even and twen|tieth year of <HI>Henry</HI> the &s;ixth, the Cu&s;tom of <HI>Callis</HI> was 68000. pounds the year, a great &s;um, if you con&s;ider the weight of money then, what price it bare, and by rea&s;on hereof Princes not delighting to charge their murmuring Subjects but when need is, being &s;o amply &s;upplied
<PB N="84" REF="50">otherwi&s;e, did not put that Prerogative in practice. To this I An&s;wer, That if that were true that was urged, it might be &s;ome probable colour of the forbear|ance of impo&s;ing; but I finde it quite contrary, and that by Record: For there was no &s;uch re&s;traint of all Com|modities not to be tran&s;ported to any place but <HI>Gallis,</HI> but onely Woolls, Wool|fells, Leather, Tinn, and Lead, that were &s;taple Wares, which by the Statute, 37, <HI>E.</HI> 3. were to be tran&s;ported thither, and not to any other place, and the &s;taple continued at that place for the mo&s;t part from that time untill long after, 27. <HI>H.</HI> 6. but there was no double Cu&s;tom paid both here and there by the &s;ame owner: but the yearly profits of the Cu&s;toms of <HI>Callais</HI> at tho&s;e times were &s;o far &s;hort of that which hath been alledged in 27. <HI>H.</HI> 6. that it appeareth in an Act of Par|liament, 27. <HI>H.</HI> 6. <HI>cap.</HI> 2 printed in the book at large,
<NOTE PLACE="marg">27. <HI>H.</HI> 6. <HI>cap.</HI> 2.</NOTE> That the Commons do complain, That whereas in the time of <HI>E.</HI> 3. the Cu&s;tom of <HI>Callais</HI> was 68000 pounds <HI>per annum,</HI> at that time, which was 27. <HI>H.</HI> 6. by rea&s;on of the ill u&s;age of Merchants, it was fallen to be but
<PB N="85" REF="50">12000 pounds the year; &s;o then there was great cau&s;e in that re&s;pect to have &s;et on Impo&s;itions by rea&s;on of that great abatement of Cu&s;toms, and yet it was not then offered to be done without a&s;|&s;ent of Parliament. But if you look a little further into the extreme nece&s;&s;ities of tho&s;e times, you &s;hall finde there ne|ver was greater cau&s;e to have &s;trained Prerogatives; for it appeareth in an Act of Parliament 28. <HI>H.</HI> 6. that it was then declared in Parliament by the Chan|cellor and Trea&s;urer, who demanded re|lief of the people for the King. both for payment of his debts, and for his yearly livelioood, that the King was then in|debted 372000. pounds, which now by the weight of money amounteth to a|bove 1100000. pounds, and that his ordinary expences were more then his yearly revenue by 19000. pounds yearly: &s;o if ever there was cau&s;e to put a King to his &s;hifts, it was then; yet we &s;ee they did not venture to put in practice this &s;uppo&s;ed Prerogative. It further ap|peareth in that Statute that the people among tho&s;e rea&s;ons they alleadged why they were not able to retain the King,
<PB N="86" REF="51">gave this for one, that they had &s;o often granted him Tonnage and Poundage up|on Merchandizes, by which it appeareth he took nothing of Merchants by impo|&s;ition without grant; for if he had, no doubt they would not have &s;tuck to have put him in minde of it. But I pray con|&s;ider what became of this motion of the Chancellor and Trea&s;urer: The propo|&s;ition had depended in Parliament many years; the effect was, the people entrea|ted the King to re&s;ume all grants he had made from the beginning of his reign untill that time, being the twenty eighth year of his reign, excepting &s;uch as were made upon con&s;ideration valuable, that he might &s;o enable him&s;elf by that mean by which he had impoveri&s;hed him|&s;elf and the whole Kingdom: This took effect, and the Statute of Re&s;umptions was thereupon made the &s;ame year, which Record becau&s;e it is not in print, and declareth the&s;e things with great gravity and authority: I will &s;et down the very Text of it, &s;o much as is mate|rial to our purpo&s;e.</P>
<P>Prayen your Commons in this your pre&s;ent Parliament a&s;&s;embled to con&s;i|der,
<PB N="87" REF="51">That where you Chancellor of your Realm of <HI>England,</HI>
<NOTE PLACE="marg">28. <HI>H.</HI> 6. <HI>Stat. de Re&s;ump. in Turri Lond.</HI> not printed.</NOTE> your Trea&s;urer of <HI>England,</HI> and many other Lords of your Council, by your high command|ment to your &s;aid Commons, at your Parliament holden la&s;t at <HI>We&s;tmin&s;ter,</HI> &s;hewed and declared the State of this your Realm, which was that ye were indebted 372000 <HI>l.</HI> which is grievous, and that your livelihood in yearly va|lue was but 5000 <HI>l.</HI> And fora&s;much as this 5000 <HI>l.</HI> to your high and notable State to be kept, and to pay your &s;aid debts, will not &s;uffice: Therefore that your high E&s;tate may be releived. And furthermore it was declared. That your expences nece&s;&s;ary to your hou&s;|hold without all other ordinary charge came to 24000 <HI>l.</HI> yearly, which exceed|eth every year in expence nece&s;&s;ary over your livelihood 19000 <HI>l.</HI> Al&s;o plea&s;eth it your Highne&s;s to con&s;ider, that the Commons of your &s;aid Realm be as well willing to their power, for the re|leiving of your Highne&s;s, as ever was people to any King of your Progeni|tors that raigned in your &s;aid Realm of <HI>England:</HI> But your &s;aid Commons been
<PB N="88" REF="52">&s;o impoveri&s;hed, what by taking victual to your hou&s;hould, and other things in your &s;aid Realm, and nought paid for it, and the quinzime by your &s;aid Commons &s;o ofren granted, and by the grant of Tunnage and Poundage, and by the grant of Sub&s;idy upon Woolls, and o|ther grants to your Highne&s;s, and for lack of execution of Ju&s;tice, that your &s;aid poor Commons be full nigh de&s;troy|ed; and if it &s;hould continue longer in &s;uch great charge, it would not in any wi&s;e be had, ne born: Wherefore plea&s;|eth it your Highne&s;s, the premi&s;&s;es gra|ciou&s;ly to con&s;ider, and that ye by the advice and a&s;&s;ent of your Lords Spiri|tual and Temporal, and by the authori|ty of this your pre&s;ent Parliament, for the con&s;ideration of your high E&s;tate, and in comfort and ea&s;e of your poor Commons, would take, re&s;ume, &s;ei&s;e and retain in your hands and po&s;&s;e&s;&s;ion all honors, <HI>&amp;c.</HI></P>
<P>This was very plain dealing by the people with their King, and this is the &s;ucce&s;s of the demand of &s;upply and &s;up|port had in tho&s;e days, being required in point of gratification, without any re|compence
<PB N="89" REF="52">or retribution for it. Thus then we have cleared this point, that be|tween 50. <HI>E.</HI> 3. and 4. <HI>Mariae,</HI> there was not one Impo&s;ition &s;et without a&s;&s;ent of Parliament.</P>
<P>Queen <HI>Mary</HI> in the fourth year of her reign, upon the Wars with <HI>France,</HI> &s;et an Impo&s;ition upon Clothes for this con|&s;ideration, That the Cu&s;tom of Woolls was decayed, by rea&s;on for the mo&s;t part they were made into Clothes, which af|forded little Cu&s;tom; for that which in Wooll, paid for Cu&s;tom and Sub&s;idy 40 <HI>s.</HI> made into Cloth paid but 4 <HI>s.</HI> 4 <HI>d.</HI> To recompence this by an indifferent e|quality, there was &s;et upon a Cloth 5 <HI>s.</HI> 6 <HI>d.</HI> which Impo&s;ition did not make up the lo&s;s &s;u&s;tained in the Cu&s;tom of Wooll, by 13 <HI>s.</HI> 4 <HI>d.</HI> in 40 <HI>s.</HI> This was <HI>Ju&s;tum,</HI> but not <HI>Ju&s;te.</HI> This religious Prince in|vironed with infinite troubles in the Church and Commonwealth, and much impoveri&s;hed by her devotion, in re|nouncing the profits of the Church-lands that were in the Crown by the &s;uppre&s;|&s;ion, was the fir&s;t that made digre&s;&s;ion from the &s;teps of her worthy Progenitors, in putting on that Impo&s;ition without a&s;|&s;ent
<PB N="90" REF="53">of Parliament; for that very con&s;i|deration of the lo&s;s of Cu&s;tom, by turn|ing of Wooll to Clothing, came into treaty in the 24. year of <HI>E.</HI> 3. when the art of Clothing began fir&s;t to be much practi&s;ed in this Kingdom, and then in the recompence of the lo&s;s &s;o, &s;u&s;tained in the decay of Cu&s;tom of Woolls, there was &s;et upon a Cloth by Act of Parlia|ment above the olde Cu&s;tom, 14 <HI>d.</HI> for a Denizen, and for an Alien 21 <HI>d.</HI> This is recited in a Record in the Exchequer, 48. <HI>E.</HI> 3. <HI>Rot.</HI> 2. <HI>R. The&s;. in origin.</HI> But I pray you examine how this Impo&s;ition of Queen <HI>Mary</HI> was dige&s;ted by the people. We &s;ee in the ca&s;e of my Lord <HI>Dier,</HI> 1. <HI>Eliz. fol.</HI> 165. That the Merchant found great greif at it, and made exclamation and &s;uit to Queen <HI>Elizabeth</HI> to be unbur|dened of it:
<NOTE PLACE="marg"><HI>Orig. in Scac.</HI> 48. <HI>E.</HI> 3. <HI>Rot.</HI> 2. <HI>R. The&s;</HI> 1. <HI>Eliz. Dier fo.</HI> 165.</NOTE> The very rea&s;on of their grief expre&s;&s;ed in that ca&s;e is, becau&s;e it was not &s;et on by Parliament, but by the Queens ab&s;olute power; So that was the ground of that complaint, the very point of right.</P>
<P>This cau&s;e was referred to all the Judges, to report whether the Quimight fet on this Impo&s;ition without a&s;&s;ent
<PB N="91" REF="53">of Parliament: They divers times had conference about it, but have not yet made report for the King; which is an in|fallible pre&s;umption, that their opinions were not for him; for it is a certain rule among us, that if a que&s;tion concerning the Kings Prerogative, or his profit, be referred to the Judges, if their opinions be for the King, it will be &s;peedily pub|li&s;hed, and it were indi&s;cretion to con|ceal it; but if there be no publication, then we make no doubt, but that their o|pinions are either again&s;t the King, or at lea&s;t they &s;tick, and give none for him.</P>
<P>The &s;ame Queen <HI>Mary</HI> upon re&s;traint of bringing in of French Commodities occa&s;ioned by the then wars with <HI>France,</HI> &s;et an Impo&s;ition upon <HI>Ga&s;coyn</HI> Wines, which continueth yet: So the Kingdom of <HI>England</HI> by the inju&s;tice of that Prince was clogged with the&s;e two heavy Impo|&s;itions contrary to the right of the King|dom, and the Acts of her Progenitors</P>
<P>Queen <HI>Elizabeth</HI> &s;et on that upon &s;weet Wines, which grew al&s;o upon the occa&s;ion of the troubles with <HI>Spain.</HI> That upon Allome was none, it was ra|ther
<PB N="92" REF="54">a Monopoly to Ma&s;ter <HI>Smith</HI> the Cu&s;tomer of <HI>London,</HI> for the ingro&s;&s;ing of all Allomes into his own hands, for which priviledge he gave a voluntary Impo&s;ition upon that Commodity: It was like the priviledge granted to <HI>John Pechey</HI> of the &s;weet Wines by <HI>E.</HI> 3. for which the Patentee was called into the Parliament Hou&s;e, 50. <HI>E.</HI> 3. and was there puni&s;hed, and his Patent taken away and cancelled.</P>
<P>What Impo&s;itions have been &s;et on in the Kings time, I need not expre&s;s, they are &s;et down particularly in the Book of Rates that is in print; they are not ea&s;ily numbered: The time for which they are rai&s;ed is not &s;hort; the Patent prefixed to that book bearing date 28. <HI>Julii,</HI> 6 <HI>Jacobi,</HI> will in&s;truct you &s;ufficiently in that point, they be limited to the King, his Heirs and Succe&s;&s;ors: which I &s;uppo&s;e is the fir&s;t e&s;tate of Fee &s;imple of Impo&s;i|tions that ever man read of.</P>
<P>My eighth and la&s;t Ob&s;ervation is up|on Tunnage and Poundage given to the King of this Realm, upon Wares and Merchandizes exported and imported, which is an Impo&s;ition by Act of Parli|ament,
<PB N="93" REF="54">and as it will appear, was given out of the peoples good will, as a very gratification to the King, to enjoyn him thereby from the de&s;ire of voluntary Impo&s;itions, and to conclude him by that gift in Parliament from attempting to take any other without a&s;&s;ent of Par|liament; for after the cea&s;ing of voluntary Impo&s;itions, the&s;e Parliamentary ones were frequent in the times of the King that &s;ucceeded; but they were never given but for years, with expre&s;s cauti|on how the money &s;hould be be&s;towed, As towards the defence of the Seas, pro|tection of Traffick, or &s;ome &s;uch other publick cau&s;es: Sometimes &s;pecial &s;e|que&s;trators made by Act of Parliament, by who&s;e hands the money &s;hould be delivered, as 5. <HI>R.</HI> 2. <HI>cap.</HI> 3. in a printed Statute.
<NOTE PLACE="marg">5. <HI>R.</HI> 2. <HI>Rot. Par.</HI> 7. <HI>R.</HI> 2. <HI>n.</HI> 13. 10. <HI>R.</HI> 2. <HI>n.</HI> 12. 7. <HI>R.</HI> 2. <HI>n.</HI> 12.</NOTE> The Rates that were given were very variable, &s;ometimes 2 <HI>s.</HI> Tunnage, and 6 <HI>d.</HI> Poundage as 7. <HI>R.</HI> 2. 3 <HI>s.</HI> Tun|nage, and 12 <HI>d,</HI> Poundage, 10. <HI>R.</HI> 2. which grants were not to endure, the longe&s;t of them above a year; 18 <HI>d.</HI> Tunnage, 6 <HI>d.</HI> Poundage; in 17. <HI>R.</HI> 2.3 <HI>s.</HI> Tun|nage and 12 <HI>d.</HI> Poundage granted to <HI>H.</HI> 4. in the thirteenth year of his reign for a
<PB N="94" REF="55">certain time, in which Statute there is this clau&s;e, That this aide in time to come &s;hould not be taken for an example to charge the Lords and Commons in manner of Sub&s;idy, unle&s;s it be by the wills of the Lords and Commons, and that by a new grant to be made in full Parliament in time to come. This clau&s;e in good and proper con&s;truction may be taken to be a very convention between the King and his people in Parliament, that he &s;hould not from thenceforh, nor any of his Succe&s;&s;ors &s;et on Impo&s;itions without a&s;&s;ent of Parliament. The like Impo&s;ition was granted to <HI>H.</HI>
<NOTE PLACE="marg"><HI>Rot. Par.</HI> 1. <HI>H.</HI> 5. <HI>n.</HI> 17.</NOTE> 5. in the the fir&s;t year of his reign for a &s;hort time towards the defence of the Realm, and &s;afeguard of the Sea, upon condition ex|pre&s;&s;ed in the Act, that the Merchants Denizens, and &s;trangers coming into the Realm with their Merchandizes, &s;hould be well and hone&s;tly u&s;ed and handled, paying the &s;aid Sub&s;idy, as in the time of his Father, and his noble Pro|genitors Kings of <HI>England,</HI> without op|pre&s;&s;ion or extortion: In the end of which Act the Commons prote&s;ted, being bound by any grant in time to come, for the pur|po&s;es afore&s;aid.</P>
<PB N="95" REF="55">
<P><HI>H.</HI> 6.
<NOTE PLACE="marg"><HI>Rot. Par.</HI> 31. <HI>H.</HI> 6. 12. E. 4. <HI>c.</HI> 3. 6. <HI>H.</HI> 8. <HI>c.</HI> 12. 1. E. 6. <HI>c.</HI> 13. 1. <HI>Mar. c.</HI> 18. 1. <HI>Eliz. c.</HI> 19. 1. <HI>Jac. c.</HI> 33.</NOTE> in the one and thirtieth year of his reign, had Tunnage and Poundage given him for his life. <HI>E.</HI> 4. had it given him the third year of his reign, as it appeareth in a Statute 12. <HI>E</HI> 4. <HI>cap.</HI> 3. <HI>H.</HI> 8. in the &s;ixth year of his reign, and all &s;ince in the fir&s;t year of their reigns have had it given them for term of their life, and being now &s;o certainly &s;etled, do reach further at that, from which they are in cou&s;cience and honor excluded, by this voluntary gratification: For can any man give me a rea&s;on, why the peo|ple &s;hould give this Impo&s;ition of Tun|nage and Poundage above the due Cu|&s;tom upon all Commodities, if the King by his Prerogative might &s;et on Impo&s;iti|ons without a&s;&s;ent of Parliament? and were not that a weak action in a King, to take that of his people as a benevo|lence from them, with limitation of the &s;ame, and in what it &s;hould be imploied, and how they will be u&s;ed for it, and for what time he &s;hall have it, which he might ju&s;tly take without their con&s;ents, unclogged of the&s;e unplea&s;ing incum|brances?</P>
<P>The Statute of Tunnage and Poundage
<PB N="96" REF="56">made in our times, that are altogether inclined to flattery, do yet retain in them certain &s;hews and rumors of tho&s;e antient Liberties, although indeed the &s;ub&s;tance be lo&s;t,
<NOTE PLACE="marg">1. <HI>Jac. c.</HI> 33.</NOTE> as in the Statute 1. <HI>Jac. cap</HI> 33. We declare that we tru&s;t, and have &s;ure confidence of his Maje&s;ties good will towards us, in and for the keeping, and &s;ure defending of the Seas, and that it will plea&s;e his Highne&s;s, that all Merchants, as well Denizens as &s;tran|gers coming into this Realm, be well and hone&s;tly entreated and demeaned for &s;uch things whereof Sub&s;idy is granted, as they were in the time of the Kings Progenitors and Predece&s;&s;ors, without oppre&s;&s;ion to them to be done. By this clau&s;e, as it now continueth, the true intent of this Statute appeareth to be, that there ought no other Impo&s;ition to be laid upon Merchants be&s;ides the&s;e given by this Statute, and this intention hath been well interpreted by u&s;e and practice from the time of <HI>E.</HI> 3. to the time of Queen <HI>Mary,</HI> as before is de|clared.</P>
<P>Thus much of this la&s;t rea&s;on made from ob&s;ervation, and the action of
<PB N="97" REF="56">our Nation. I will an&s;wer now &s;uch main objections as have been made again&s;t the peoples right, and have not been touch|ed by me <HI>obiter</HI> in my pa&s;&s;age through this di&s;cour&s;e.</P>
<P>That which hath been mo&s;t in&s;i&s;ted up|on is this, that the King by his prero|gative Royal hath the cu&s;tody of the Ha|vens and Ports of this I&s;land, being the very gates of this Kingdom; that he in his royal function and office is onely tru&s;ted with the keys of the&s;e gates; that he alone hath power to &s;hut them, and to open them when, and to whom he in his Princely wi&s;dom &s;hall &s;ee good: that by the Law of <HI>England</HI> he may re&s;train the per&s;ons of any from going out of the Land, or from coming into it: That he may of his own power and di&s;cretion pro|hibit exportation and importation of goods and Merchandizes; and out of his prerogative and preheminence, the power of impo&s;ing, as being derivative, doth ari&s;e and re&s;ult: for <HI>Cui quod majus e&s;t, licet, &amp; ei quod e&s;t minus licitum e&s;t:</HI> So their rea&s;on briefly is this; the King may re&s;train the pa&s;&s;age of the per&s;on, and of the goods; therefore he may &s;uffer
<PB N="98" REF="57">them not to pa&s;s, but <HI>&s;ub modo,</HI> paying &s;uch an Impo&s;ition for his &s;ufferance, as he &s;hall &s;et upon them: For the grounds and propo&s;itions laid in this ob|jection, I &s;hall not be much again&s;t any one of them, others of them mu&s;t be qua|lified ere they be confe&s;&s;ed; but the infer|ence and argument made upon them, I ut|terly deny; for in it there is <HI>mutatio hy|pothe&s;is,</HI> and a tran&s;ition from a thing of one nature to a thing of another: As the premi&s;es are of a power in the King onely fiduciary, and in point of tru&s;t and government, the conclu&s;ion infers a right of intere&s;t and gain; Admit the King had <HI>Cu&s;todiam portuum;</HI> yet he hath but the cu&s;tody, which is tru&s;t, and not <HI>Dominium utile;</HI> he hath power to open and &s;hut upon con&s;ideration of pub|like good to the people and State, but not to make gain and benefit by it; the one is protection, the other is expilation. The Ports in their own nature are pub|like,
<NOTE PLACE="marg">Portus &s;unt Pub|lici.</NOTE> free for all to go in and out; yet for the common good this liberty is re&s;train|able by the wi&s;dom and policy of the Prince, who is put in tru&s;t to di&s;cern the times when this natural liberty &s;hall be
<PB N="99" REF="57">re&s;trained. In 1. <HI>H.</HI> 7. <HI>fol.</HI>
<NOTE PLACE="marg">1. <HI>H.</HI> 7.10</NOTE> 10 in the ca&s;e of the Florentines for their Allome, the Lord Chief Ju&s;tice <HI>Huj&s;ey</HI> doth write a Ca&s;e, that in the time of <HI>E.</HI> 4. a Legate from the Pope being at <HI>Calice</HI> to come into <HI>England,</HI> it was re&s;olved in full Coun|cil (as the Book &s;aith) before the Lords and Judges that he &s;hould not have li|cence to come into <HI>England</HI> unle&s;s he would take an Oath at <HI>Calice,</HI> that he would bring nothing with him that &s;hould be prejudicial to the King and his Crown.</P>
<P>The King by the Common Law may &s;end his Writ, <HI>Ne exeas regnum,</HI> to any Subject of the Realm; but the &s;urmi&s;e of the Writ is, <Q LANG="lat"><HI>Quia datum e&s;t nohis intel|ligi, quod tu ver&s;us partes exteras ab&s;que licentia no&s;tra clam de&s;tinas te divertere, &amp; quam plurima nobis &amp; coronae no&s;trae prejudicia pro&s;equi,</HI></Q> Fitzh. N. B. 85. b.
<NOTE PLACE="marg"><HI>Fitzh. N. B</HI> 15. <HI><GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">b.</HI></NOTE> So in point of Government, and common good of the Realm, he may re&s;train the per&s;on: But to conclude, therefore he may take money, not to re&s;train, is to &s;ell Government, tru&s;t and common Ju|&s;tice, and mo&s;t unworthy the divine Of|fice of a King. But let us compare this
<PB N="100" REF="58">power of the King in foraign affairs, with the like power he hath in Dome&s;tick Go|vernment. There is no que&s;tion but that the King hath the cu&s;tody of the gates of all the Towns and Cities in <HI>England,</HI> as well as all the Ports and Havens, and upon con&s;ideration of the Weal publike may open and &s;hut them at his plea&s;ure; as if the infection of the &s;ickne&s;s be dan|gerous in places vicine to the City of <HI>Lon|don,</HI> the King may command that none from tho&s;e places &s;hall come into the City: May he therefore &s;et an Impo&s;iti|on upon tho&s;e that he &s;uffereth to come into the City? So, if by rea&s;on of in|fection he forbid the bringing of Wares and Merchandizes from &s;ome Cities or Towns in this Kingdom to any great Fare or Mart, &s;hall he therefore re&s;train the bringing of Goods thither, unle&s;s mo|ney be given him by way of Impo&s;iti|on?</P>
<P>The King in his di&s;cretion in point of equity, and for qualifying the rigor of the Law, may enjoyn any of his Sub|jects by his Chancellor from &s;uing in his Court of Common Law: May he there|fore make a benefit by re&s;training all
<PB N="101" REF="58">from &s;uit in his Courts, unle&s;s they pay him an Impo&s;ition upon their Suits?
<NOTE PLACE="marg">2. E. 3.7.</NOTE> In 2. <HI>E.</HI> 3. in the ca&s;e of the Earl of <HI>Rich|mond</HI> before-cited, the King had granted unto the men of great <HI>Yarmouth,</HI> that all the Ships that arrived at the Port of <HI>Yarmouth,</HI> which con&s;i&s;ted of three &s;e|veral Ports, <HI>Great Yarmouth, Little Yar|mouth,</HI> and <HI>Gerne&s;ton,</HI> &s;hould arrive all at <HI>Great Yarmouth,</HI> and at no other place within that Port. The lawfulne&s;s of this Patent being in que&s;tion in the Kings Court, it was rea&s;oned in the Kings be|half for the upholding of the grant, as it is now, that the King had the cu&s;tody of the Port, he might re&s;train Merchants fron landing at all in his Kingdom: Therefore out of the &s;ame power might appoint where, and in what Haven they &s;hould land, and no other: The Patent was demurred on in the Kings Bench, as being granted again&s;t the Law; but the Ca&s;e depending, was adjourned into Par|liament for the weight and con&s;equence of it, and there the Patent was condemn|ed,
<NOTE PLACE="marg">9. E. 3. <HI>cap.</HI> 1.</NOTE> and a Law made again&s;t &s;uch and the like grants.</P>
<P>The Pre&s;idents that were vouched for
<PB N="102" REF="59">maintenance of this power of re&s;traint in the King, were four produced almo&s;t in &s;o many hundred years,
<NOTE PLACE="marg"><HI>Rot. Par.</HI> 2. E. 1. <HI>n.</HI> 16. <HI>Rot. fin.</HI> 2. E. 1. <HI>n.</HI> 17. <HI>Ro. clau&s;.</HI> 10. E. 3. <HI>dor.</HI> 31. <HI>Ro. clau&s;.</HI> 17. <HI>H.</HI> 6. <HI>in dor&s;.</HI></NOTE> whereof two were in the &s;econd year of <HI>E.</HI> 1. one in the tenth year of <HI>E.</HI> 3. another in the &s;eventeenth year of <HI>H.</HI> 6. &s;ince which time we hear of none but by Act of Par|liament, as they had been u&s;ually and re|gularly before. To the&s;e I will give an|&s;wer out of them&s;elves, out of the com|mon Law, out of divers Statutes, and out of the practice of the Commonwealth. The re&s;taint in the time of <HI>E.</HI> 1. the one of them was to forbid the carrying of Wooll out of the Realm, the other was to forbid all Traffick with the Flemings. That of 10. <HI>E.</HI> 3. was to re&s;train the ex|portation of Ship-timber out of the Realm. That of 17. <HI>H.</HI> 6. to prohibite Traffique with the Subjects of the Duke of <HI>Burgundy.</HI> The&s;e pre&s;idents are rare, yet they have in them inducements out of publique re&s;pects to the Common|wealth; for the rule of Common Law in this ca&s;e, I take it to be as the rever|end Judge Sir <HI>Anthony Fitzherbert</HI> holds in his Writ of <HI>Ne exeas regnum in Nat.
<NOTE PLACE="marg"><HI>Fitzh. N. B.</HI> 85.</NOTE> Br.</HI> that by the Common Law
<PB N="103" REF="59">any man may go out of the Kingdom, but the King may upon cau&s;es touching the good of the Commonwealth re&s;train any man from going by his Writ or Procla|mation, and if he then go, it is a con|tempt. This opinion of his is confirmed by the Book, 1. <HI>Eliz. fol.</HI> 165. <HI>Dier.</HI> 12.
<NOTE PLACE="marg"><HI>Dier.</HI> 1. <HI>El.</HI> 165. <HI>Dier.</HI> 13. <HI>El.</HI> 296.</NOTE> <HI>&amp;</HI> 13. <HI>Eliz. Dier.</HI> 296. In like manner if a Subject of <HI>England</HI> be beyond &s;ea, and the King &s;end to him to repair home, if he do it not, his Lands and goods &s;hall be &s;ei&s;ed for the contempt; and this was the ca&s;e of <HI>William de Britain</HI> Earl of <HI>Richmond,</HI> 19. <HI>E.</HI> 2. He was &s;ent by the King into <HI>Ga&s;coyne</HI> on a me&s;&s;age,
<NOTE PLACE="marg">19. E. 2.</NOTE> and re|fu&s;ed to return, for which contempt his Goods, Chattels, Lands and Tenements were &s;ei&s;ed into the Kings hands:
<NOTE PLACE="marg">2, <HI>&amp;</HI> 3. <HI>P. &amp; M. Dier.</HI> 128</NOTE> The Record is cited 2, <HI>&amp;</HI> 3. <HI>Phil. &amp; Mar.</HI> in my <HI>L. Dier. fol.</HI> 128. <HI>B.</HI> and the Law there held to be &s;o at that time upon a que&s;tion moved in the Queens behalf a|gain&s;t divers that being beyond the Seas refu&s;ed to return upon commandment &s;ent unto them to that purpo&s;e: The &s;ame is again for Law confirmed in the Dutche&s;s of <HI>Suffolke,</HI> Ca&s;e 2 <HI>Eliz.
<NOTE PLACE="marg"><HI>Dier.</HI> 2. <HI>El.</HI> 176. 5 <HI>R.</HI> 2. <HI>c.</HI> 2</NOTE> Dier.</HI> 176. But the Common Law was
<PB N="104" REF="60">altered in this point by the Statute of 5. <HI>R.</HI> 2. <HI>cap.</HI> 2. by which the pa&s;&s;age of all people is defended that they may not go without licence, except the Lords and other great men of the Realm, Merch|ants, and Souldiers: So for the Merch|ants, which are the people dealt withal, in the bu&s;ine&s;s in hand, the Common Law remaineth as it was before the Sta|tute,
<NOTE PLACE="marg"><HI>Dier.</HI> 12. <HI>El.</HI> 196.</NOTE> and &s;o it was held, 12. <HI>El. Dier.</HI> 196. where the ca&s;e was. An Engli&s;h Merchant being a Papi&s;t went over-&s;ea, and being there, did &s;ettle him&s;elf to remain there, for the enjoying the freedom of his con&s;cience: It was mo|ved here in <HI>England,</HI> that his going without licence &s;hould be a contempt, becau&s;e he went not to traffique as a Merchant, but for the cau&s;e of Religi|on: It was re&s;olved, no &s;uch averment would be taken in this ca&s;e, for that the very calling and vocation of being a Merchant did give him liberty to go out of the Kingdom when he would, and therefore the &s;ecret intent of his go|ing was not to be enquired after; <HI>Sed lex inspicit quod veri&s;imilius.</HI> There|fore it was in this ca&s;e held no contempt,
<PB N="105" REF="60">but at this day the Law is as it was be|fore, 5. <HI>R.</HI> 2. <HI>cap.</HI> 2. for that Statute is re|pealed, 4. <HI>Jac. cap.</HI> 1.
<NOTE PLACE="marg">4 <HI>Jac. c.</HI> 1</NOTE> And all men what|&s;oever are now at liberty by the Com|mon Law to pa&s;s out of the Realm. There is onely again&s;t this inconvenient liberty a Proclamation dated at <HI>We&s;t|min&s;ter,</HI> 9. <HI>Jul</HI> 5. <HI>Jac.</HI>
<NOTE PLACE="marg"><HI>Proclam.</HI> 9. <HI>Jul.</HI> 5. <HI>Jac.</HI></NOTE> To the very &s;ame effect in point of re&s;traint of pa&s;&s;age with the Statute of <HI>R.</HI> 2. So the Subject is in this much the more at ea&s;e and li|berty then he was before: That his go|ing over-&s;ea without licence doth not induce any forfeiture, but onely incur|reth the cen&s;ure of a contempt and there|fore it were to be wi&s;hed that &s;ome firm Law might be made in the ca&s;e, both for the execution of &s;o good a point of po|licy, and for the more quiet of the State, in knowing the certainty of the puni&s;h|ment for the offence.</P>
<P>This liberty and freedom of Merch|ants hath been &s;trenthened and confirm|ed by many notable Laws before reci|ted, as 14. <HI>E.</HI> 2. <HI>&s;tat</HI> 2. <HI>cap.</HI> 2.15. <HI>E.</HI>
<NOTE PLACE="marg">14. <HI>E.</HI> 3. <HI>&s;t.</HI> 2. <HI>c.</HI> 2.15. <HI>E.</HI> 3. <HI>&s;t.</HI> 2. <HI>c.</HI> 5.18. <HI>E.</HI> 3. <HI>&s;t.</HI> 1. <HI>c.</HI> 3.</NOTE> 3 <HI>&s;tat.</HI> 2. <HI>cap</HI> 5. 18 <HI>E.</HI> 3. <HI>&s;tat.</HI> 1. <HI>cap.</HI> 3. and divers other, and therefore though it be admitted that the King may re&s;train
<PB N="106" REF="61">per&s;ons and goods, yet it may well be denied, that he hath power of him&s;elf a|lone without a&s;&s;ent of Parliament &s;imply and indefinitely to re&s;train all traffique in general, or to &s;hut up all the Havens and Ports, and to bar the vent and i&s;&s;uing of Wares and Merchandizes of the whole Kingdom, as appeareth plainly that this hath been done this three hundred years, or near thereabouts by Act of Parlia|ment onely, and that the Kingdom of <HI>England</HI> made this matter of Traffique &s;o tender a ca&s;e to deal in, as that it hath ever held it a matter fit for the con&s;ulta|tion of the great Council of the Kingdom, and for no other.</P>
<P>In 11.
<NOTE PLACE="marg">11. E. 3. <HI>cap.</HI> 1.</NOTE> <HI>E.</HI> 3. The exportation of Woolls was prohibited by Act of Parliament, in which Statute there was this clau&s;e, Un|till that by the King and his Council it be thereof otherwi&s;e provided: which power &s;o given to the King to be u&s;ed for the good of the Commonwealth, gave occa&s;ion to him to abu&s;e it to his profit and commodity, by giving licences of tran&s;portation to all that would give forty &s;hillings upon a Sack of Wooll a|bove the due Cu&s;tom. This appeareth in
<PB N="107" REF="61">the Records in the Exchequer, 13. <HI>E</HI> 3. <HI>Rot.</HI> 2 <HI>Rem. The&s;.</HI>
<NOTE PLACE="marg">13. <HI>H.</HI> 3. <HI>R. The&s;. rot.</HI> 2.</NOTE> I will de&s;cribe the Re|cord that you may perceive the ground of it the better, <Q LANG="lat"><HI>Rex collectoribus Cu&s;tumae in portu magnae Jermouth &s;alutem. Quia conce&s;&s;imus dilecto &amp; fideli no&s;tro Hugoni de Wrioth&s;ley, quod ip&s;e viginti &amp; &s;eptem &s;accos lanae &amp; dimid. de lanis &s;uis propriis in portu praedicto carriare, &amp; eas u&s;que Antwerpe ad &s;tapulam no&s;tram ibidem ducere po&s;&s;it, &s;olvendo ibidem dilecto Cleri|co no&s;tro Willielmo de Northwel cu&s;todi guarderobae no&s;trae</HI> 40 s. <HI>pro quolibet &s;acco pro cu&s;tuma &amp; &s;ub&s;idio inde nobis debitis, &amp;c. vobis mandamus quod praedict. Hu|gon. dictos viginti &s;eptem &s;accos lanae &amp; di|mid. in portu praedicto carriaere permitta|tis, &amp;c.</HI></Q> And another the &s;ame year.
<NOTE PLACE="marg">13. E. 3. <HI>rot.</HI> 12. <HI>R. The&s;.</HI></NOTE> <Q LANG="lat"><HI>Rex collectoribus cu&s;tumae, &amp;c. Cum nuper or|dinaverimus quod pa&s;&s;agium lanarum, &amp;c. apertum exi&s;teret, &amp; quod &s;igillum no&s;trum quod dicitur Coket, quod prius claudi &amp; &s;ub &s;erra cu&s;todiri mandavimus ape iretur, &amp; apertum teneretur, ideo vo|bis mandavimus quod &s;igillum praedictum in portu praedicto aperiri, &amp; apertum tene|rifaciatis, &amp; omnes illos qui huju&s;modi lanas carriare &amp; ducere velint permittatis,
<PB N="108" REF="62">receptis prius ab ii&s;dem, viz. de mercatori|bus &amp; aliis indigenis</HI> 40 <HI>s. de quolibet &s;ac|co lanae.</HI></Q> Divers other &s;uch &s;ales of Traf|fick occa&s;ioned by this Parliamentary re|&s;traint were made between 11. <HI>E.</HI> 3. that the re&s;traint was made, and 14: <HI>E.</HI> 3. that this inconvenience being e&s;pied, the Sea was opened by Statute,
<NOTE PLACE="marg">14. E. 3. <HI>&s;t.</HI> 2. <HI>c.</HI> 2. 15. E. 3. <HI>c.</HI> 5. <HI>&s;t.</HI> 2.</NOTE> and the re&s;traint removed, 14 <HI>E.</HI> 3. <HI>&s;tat</HI> 2. <HI>c.</HI> 2. 15. <HI>E.</HI> 3. <HI>cap.</HI> 5. <HI>&s;tat</HI> 2. and this forty &s;hillings &s;o exacted was complained of as an Impo&s;ition in Parliament, and the occa&s;ion and the ef|fect were both taken away together by Act of Parliament,
<NOTE PLACE="marg">14. E. 3. <HI>c.</HI> 21. <HI>&s;t.</HI> 1. <HI>&s;t.</HI> 2. <HI>c.</HI> 1.</NOTE> 14. <HI>E.</HI> 3. <HI>&s;tat.</HI> 1. <HI>cap.</HI> 21. <HI>&amp; &s;tat.</HI> 2. <HI>cap.</HI> 1.</P>
<P>It followed in all Kings times &s;ithence the death of <HI>E.</HI> 3. that this opening and &s;hutting of the Havens, re&s;training and enlarging of Traffick was done by Act of Parliament.</P>
<P>I will give one in&s;tance in the reign of every King,
<NOTE PLACE="marg">5. <HI>R.</HI> 2. <HI>c.</HI> 2. <HI>&s;t.</HI> 2.</NOTE> 5. <HI>R.</HI> 2. <HI>cap.</HI> 2. <HI>&s;tat.</HI> 2. For the pa&s;&s;age of Wooll, Wooll-fells, and Lea|ther,
<NOTE PLACE="marg">6 <HI>H.</HI> 4. <HI>c.</HI> 4 2. <HI>H.</HI> 5. <HI>c.</HI> 6. <HI>&s;t.</HI> 2.</NOTE> 6. <HI>H.</HI> 4. <HI>cap.</HI> 4. For the Traffique and Commerce with Merchants Aliens, 2. <HI>H.</HI> 5. <HI>cap.</HI> 6. <HI>&s;tat.</HI> 2. For the re&s;traint of Staple Commodities to places certain, and for the Traffique of the Merchants of the
<PB N="109" REF="62">we&s;t. 27. <HI>H.</HI> 6. <HI>cap.</HI> 1.
<NOTE PLACE="marg">27. <HI>H.</HI> 6. <HI>c.</HI> 1.</NOTE> that is enacted in Parliament which is contained in the Pro|clamation, 17. <HI>H.</HI> 6. cited for a pre&s;ident, that is, becau&s;e the Duke of <HI>Burgundy</HI> made an Ordinance whereby the Traffick of the Engli&s;h Nation was re&s;trained, that therefore the Engli&s;hmen &s;hould not traffick with the Subjects of the Duke of <HI>Burgundy.</HI> The &s;ame thing enacted upon the like occa&s;ion, 4. <HI>E.</HI> 4. <HI>c.</HI> 1. 19. <HI>H.</HI> 7.
<NOTE PLACE="marg">4 <HI>E.</HI> 4. <HI>c.</HI> 1 19. <HI>H.</HI> 7. <HI>cap.</HI> 21.</NOTE> <HI>c.</HI> 21. The importation of divers Com|modities forbidden as being prejudicial to the Manufactures within the Realm, 6. <HI>H.</HI> 8. <HI>cap.</HI> 12.
<NOTE PLACE="marg">6. <HI>H.</HI> 8. <HI>cap.</HI> 12.</NOTE> The exportation of <HI>Nor|folk</HI> Woolls out of the Realm forbidden, 26. <HI>H.</HI> 8 <HI>cap.</HI> 10.
<NOTE PLACE="marg">26. <HI>H.</HI> 8. <HI>cap.</HI> 10.</NOTE> Power is given to the King to order and di&s;po&s;e of the Traffick of Merchants at his plea&s;ure, and the rea|&s;on is given, becau&s;e otherwi&s;e the Leagues and Amities with foreign Princes might be impeached by rea&s;on of re|&s;traint made by divers &s;tatutes then &s;tand|ing on foot, whereby it appeareth that it was not then taken to be Law, that the King had an ab&s;olute power in him&s;elf to order and di&s;po&s;e of the cour&s;e of Traffick without help of a Statute. 2. <HI>E.</HI> 6.
<NOTE PLACE="marg">2 E. 6. <HI>c.</HI> 9</NOTE> <HI>cap.</HI> 9. Exportation of Leather re&s;trained,
<PB N="110" REF="63">1,
<NOTE PLACE="marg">1, <HI>&amp;</HI> 2. <HI>P. &amp; M.c.</HI> 5.</NOTE> <HI>&amp;</HI> 2. <HI>Ph. &amp; Mar.</HI> The exportation of Herring, Butter, Chee&s;e, and other Victuals forbidden, 18. <HI>Eliz. cap.</HI> 8. The exportation of Tallow,
<NOTE PLACE="marg">18. <HI>El. c.</HI> 8</NOTE> Raw Hides, Lea|ther. So in all times no u&s;e of Proclama|tions in matters of this nature, but Acts of Parliament &s;till procured: Where|fore in mine opinion it behoveth them that do &s;o earne&s;tly urge this argument, (the King may re&s;train Traffick, there|fore may impo&s;e,) to prove better then they have done, that the King may re|&s;train Traffick of his own ab&s;olute pow|er: For as the natural policy and con|&s;titution of our Commonwealth is, we may better &s;ay, that is Law which is <HI>de more gentis,</HI> then that which floweth from the rea&s;on of any man guided by his ge|neral notion and apprehen&s;ion of power regal, <HI>in genere,</HI> not <HI>in indivi|duo.</HI></P>
<P>The la&s;t a&s;&s;ault made again&s;t the right of the Kingdom, was an Objection grounded upon policy, and matter of State, as that it may &s;o fall out that an Impo&s;ition may be &s;et by a foreign Prince that may wring our people, in which ca&s;e the counterpoi&s;e is, to &s;et on the like
<PB N="111" REF="63">here upon the Subjects of that Prince, which policy, if it be not &s;peedily execu|cuted, but &s;tayed until a Parliament, may in the mean time prove vain and idle, and much damage may be &s;u&s;tained that can|not afterwards be remedied.</P>
<P>This &s;train of policy maketh nothing to the point of right; our rule is in this plain Commonwealth of ours, <HI>Oportet neminem e&s;&s;e &s;apientiorem legibus:</HI> If there be an inconvenience, it is fitter to have it removed by a lawful means, then by an unlawful: But this is rather a mi&s;|chief then an inconvenience, that is a pre|judice in pre&s;ent of &s;ome few, but not hurtful to the Commonwealth: And it is more tolerable to &s;uffer an hurt to &s;ome few for a &s;hort time, then to give way to the breach and violation of the right of the whole Nation: For that is the true inconvenience; neither need it be &s;o dif|ficult or tedious to have the con&s;ent of the Parliament, if they were held as they ought, or might be; but our &s;ure&s;t guide in this will be the example of our An|ce&s;tors in this very ca&s;e, and that in the time of one of the mo&s;t politick Princes that ever reigned in this Kingdom, 7. <HI>H.</HI> 7.
<NOTE PLACE="marg">7. <HI>H.</HI> 7. <HI>cap.</HI> 7.</NOTE>
<PB N="112" REF="64"><HI>cap.</HI> 7. you &s;hall finde an Act of Parlia|ment, in which it was recited that the Venetians had &s;et upon the Engli&s;h Merchants that laded Malme&s;eys at <HI>Can|dy</HI> four duckets of gold upon a But, which in &s;terling is eighteen &s;hillings the But. It was therefore enacted that every Merchant &s;tranger that brought Malm&s;ey into this Kingdom &s;hould pay eighteen &s;hillings the But over and above the due Cu&s;tom u&s;ed; this Impo&s;ition to endure until they of <HI>Venice</HI> had &s;et a&s;ide that of four duckets the But upon the Engli&s;h|men.</P>
<P>Much hath been learnedly uttered up|on this argument in the maintenance of the peoples right, and in an&s;wering that which hath been pre&s;&s;ed on the contra|ry; but my meaning is not to expre&s;s in this Di&s;cour&s;e all that hath or may be &s;aid on either &s;ide, but onely to make a re|membrance &s;omewhat larger of that which I my &s;elf offered as my <HI>&s;ymbolum</HI> towards the making up of this great re|koning of the Commonwealth, which if it be not well audited, may in time co&s;t the Subjects of <HI>England</HI> very dear. My hope is of others that labored very wor|thily
<PB N="113" REF="64">in this bu&s;ine&s;s, that they will not &s;uffer their pains to die, and therefore I have forborn to enter into their Pro|vince. I will end with that &s;aying of that true and hone&s;t Coun&s;ellor <HI>Philip Comines</HI> in his fifth book, the 18. chapter,
<NOTE PLACE="marg"><HI>Ph. Com. l.</HI> 5. <HI>c.</HI> 18.</NOTE> <Q LANG="lat"><HI>That it is more honorable for a King to &s;ay, I have &s;o faithful and obedient Subjects, that they deny me nothing I demand, then to &s;ay, I levy what me li&s;t, and I have pri|viledges &s;o to do.</HI></Q></P>
</DIV1>
<DIV1 TYPE="petition">
<PB N="114" REF="65">
<HEAD>After the Kings Right to Impo&s;e had been thorowly examined in Parli|ament, and there determined not to be in him alone, without a&s;&s;ent of Parliament, among other Peti|tions of grievance given unto his Maje&s;ty, this hereafter was concern|ing Impo&s;itions.</HEAD>
<P>THe policy and con&s;titution of this your Maje&s;ties Kingdom, appropriates unto the Kings of this Realm, with a&s;&s;ent of Parliament, as well the &s;overaign power of making Laws, as that of taxing or impo&s;ing up|on the Subjects Goods or Merchandizes, wherein they ju&s;tly have &s;uch a proprie|ty, as may not without their con&s;ent be altered or changed: This is the cau&s;e that the people of this Kingdom, as they have ever &s;hewed them&s;elves faithful and loving to their Kings, and ready to aid them in all their ju&s;t occa&s;ions with vo|luntary contributions: &s;o have they been ever careful to pre&s;erve their own Liber|ties
<PB N="115" REF="65">and Rights, when any thing hath been done to prejudice or impeach the &s;ame: And therefore when their Princes, either occa&s;ioned by War, or by their over-great bounty, or by any other ne|ce&s;&s;ity, have without con&s;ent of Parlia|ment &s;et on Impo&s;itions either within the Land, or upon Commodities exported or imported by the Merchants, they have in open Parliament complained of it, in that it was done without their con&s;ents, and thereupon never failed to obtain a &s;peedy and full redre&s;s, without any claim made by the Kings of any Power or Prerogative in that point. And though the Law of Propriety be origi|nally and carefully pre&s;erved by the common Laws of this Realm, which are as antient as the Kingdom it &s;elf, yet tho&s;e famous Kings for the better con|tentment and a&s;&s;urance of their loving Subjects, agreed that this old fundamen|tal Right &s;hould be further declared and e&s;tabli&s;hed by Act of Parliament, where|in it is provided that no &s;uch charge &s;hould ever be laid upon the people without their common con&s;ents, as may
<PB N="116" REF="66">appear by &s;undry Records of former times.</P>
<P>We therefore your Maje&s;ties mo&s;t humble Commons a&s;&s;embled in Parlia|ment, following the example of this wor|thy care of our Ance&s;tors, and out of our duty to tho&s;e for whom we &s;erve, finding that your Maje&s;ty without advice and con&s;ent of your Lords and Com|mons, hath lately in time of peace &s;et both greater Impo&s;itions, and far more in number then any your noble Ance&s;t|ors did ever in time of War, do with all humility pre&s;ent this mo&s;t ju&s;t and nece&s;&s;ary Petition unto your Maje&s;ty, That all Impo&s;itions &s;et without a&s;&s;ent of Parliament, may be quite aboli&s;hed, and taken away, And that your Maje&s;ty likewi&s;e in imitation of your royal Pro|genitors will be plea&s;ed, that a Law in your time, and during this Se&s;&s;ion of Par|liament may be al&s;o made to declare that all Impo&s;itions of any kinde &s;et, or to be &s;et upon your people, their Goods, or Merchandizes, &s;ave onely by common con&s;ent in Parliament, are and &s;hall be void: Wherein your Maje&s;ty &s;hall not
<PB N="117" REF="66">onely give your Subjects great &s;atisfacti|on in point of their Right, but al&s;o bring exceeding joy and comfort to them who now &s;uffer, partly through the abating of the price of native Commodities, and partly through the rai&s;ing of all foreign, to the overthrow of Merchants and Shipping, the cau&s;ing a general dearth, and decay of all wealth among your people, who will be thereby no le&s;s di&s;|couraged then di&s;abled to &s;upply your Maje&s;ty when occa&s;ion &s;hall require.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="publisher's advertisement">
<PB REF="67">
<HEAD>Books Printed or &s;old by <HI>William Leak,</HI> at the &s;ign of the <HI>Crown</HI> in <HI>Fleet&s;treet</HI> between the two Temple gates.</HEAD>
<LIST>
<ITEM><HI>YOrks</HI> Heraldry, <HI>Fol&punc;</HI> A Bible of a very fair large Roman Letter. 4</ITEM>
<ITEM><HI>Orlando Furio&s;o. fol.</HI></ITEM>
<ITEM><HI>Perkins</HI> on the Laws of <HI>England.</HI></ITEM>
<ITEM><HI>Wilkin&s;ons</HI> Office of Sheriffs.</ITEM>
<ITEM><HI>Far&s;ons</HI> Law.</ITEM>
<ITEM>Mirror of Ju&s;tice.</ITEM>
<ITEM>Topicks in the Laws of <HI>England.</HI></ITEM>
<ITEM><HI>Dellamans</HI> u&s;e of the Hori|zontal Quadrant.</ITEM>
<ITEM><HI>Wilbeys</HI> &s;econd Set of Mu|&s;ick, 3, 4, 5, and 6 parts.</ITEM>
<ITEM><HI>Corderius</HI> in Engli&s;h.</ITEM>
<ITEM>Dr. <HI>Fulks</HI> Meteors, with Ob|&s;ervations.</ITEM>
<ITEM><HI>Malthus</HI> Fire-works.</ITEM>
<ITEM><HI>Nyes</HI> Gunnery and Fire|works.</ITEM>
<ITEM><HI>Cato Major</HI> with Annotati|ons.</ITEM>
<ITEM><HI>Mel Heliconium,</HI> by <HI>Alex|ander Ro&s;s.</HI></ITEM>
<ITEM><HI>No&s;ce te ip&s;um,</HI> by Sir <HI>John Davis</HI></ITEM>
<ITEM>Animadver&s;ions on <HI>Lillys</HI> Grammer.</ITEM>
<ITEM>The Hi&s;tory of <HI>Vienna</HI> and <HI>Paris.</HI></ITEM>
<ITEM>The Hi&s;tory of <HI>Lazarillo de Tormes</HI> the wit<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">y <HI>Spani|ard.</HI></ITEM>
<ITEM><HI>Hero</HI> and <HI>Leander,</HI> by <HI>George Chapman,</HI> and <HI>Chri&s;topher Marlow.</HI></ITEM>
<ITEM>The Po&s;ing of the Acci|dence.</ITEM>
<ITEM><HI>Guilliams</HI> Heraldry. <HI>fol.</HI></ITEM>
<ITEM><HI>Herberts</HI> Travels. <HI>fol.</HI></ITEM>
<ITEM>Man become guilty, by <HI>John Francis Senalt,</HI> and Eng|li&s;hed by <HI>Henry</HI> Earl of <HI>Monmouth.</HI></ITEM>
<ITEM><HI>Aula Lucis,</HI> or the hou&s;e of light.</ITEM>
<ITEM>Chri&s;ts Pa&s;&s;ion, A Tragedy written by the mo&s;t learned <HI>Hugo Grotius,</HI> and Engli&s;hed by <HI>Geo Sand.</HI></ITEM>
<ITEM>Mathematical Recreations, with the general Horolo|gical Ringe and the dou|ble Horizontal Dyal, by <HI>William Oughtred.</HI></ITEM>
<ITEM>The Garden of <HI>Eden,</HI> or an accurate de&s;cription of Flowers and Fruit, by Sir <HI>Hugh Plat.</HI></ITEM>
<ITEM>Solitary Devotions with man in glory, by the mo&s;t
<PB REF="67">reverend and holy Fa|ther <HI>An&s;elm.</HI> Arch-Bi&s;hop of <HI>Canterbury.</HI></ITEM>
<ITEM>Book of Martyrs. <HI>fol.</HI></ITEM>
<ITEM><HI>Adams</HI> on <HI>Peter, fol.</HI></ITEM>
<ITEM><HI>Willet</HI> on <HI>Gene&s;is</HI> and <HI>Exo|dus. fol.</HI></ITEM>
<ITEM><HI>Elton</HI> on the <HI>Colo&s;&s;ians. fol.</HI></ITEM>
<ITEM>The&s;everal opinions of &s;un|dry learned Antiquaries, <HI>viz.</HI> Mr. Ju&s;tice <HI>Doddridge,</HI> Mr. <HI>Ager, Francis Tate, William Cambden,</HI> and <HI>Jo&s;eph Holland,</HI> touching the Antiquity, Power, Order, State, Manner, per&s;ons and Proceedings of the high Court of Par|liament in <HI>England.</HI></ITEM>
<ITEM>The Idiot, in four Book.</ITEM>
<ITEM><HI>Exercitatio Schola&s;tica.</HI></ITEM>
<ITEM>The Life and Reign of <HI>Hen.</HI> 8. by the Lord <HI>Herbert.</HI></ITEM>
<ITEM><HI>France</HI> painted to the life, the &s;econd Edition. 8.</ITEM>
<ITEM><HI>Sken de &s;ignificatione ver|borum.</HI> 4.</ITEM>
<ITEM>The Fort Royal of Holy Scripture, by <HI>J. H.</HI> the third Edition. 8.</ITEM>
<ITEM><HI>Callis</HI> learned Readings on the Stat. 21. <HI>Hen.</HI> 8. chap. 5. of Shewers.</ITEM>
</LIST>
<LIST>
<HEAD>PLAYES,</HEAD>
<ITEM>Phila&s;ter.</ITEM>
<ITEM>The Wedding.</ITEM>
<ITEM>The Holleder.</ITEM>
<ITEM>The Merchant of <HI>Venice.</HI></ITEM>
<ITEM>The &s;trange di&s;covery.</ITEM>
<ITEM>Maids Tragedy.</ITEM>
<ITEM>King and no King.</ITEM>
<ITEM><HI>Othello,</HI> the Moor of <HI>Ve|nice.</HI></ITEM>
<ITEM>The grateful Servant.</ITEM>
</LIST>
</DIV1>
<TRAILER>FINIS.</TRAILER>
</BACK>
</TEXT>
</EEBO>
</ETS>
