then put upon woolls was by the assent of merchants for two years, for the necessity the king had in his passage over the sea, to recover his right, and to defend the realme.

quas custumas dare concesserint præstationes et custumas subscriptas, viz.' and so setteth down the increases, and amongst the rest this 3d. upon the pound, and so proceedeth, ⚫ ac 2. My second observation is, never any im- quidam mercatores de regno nostro et potesposition was set on by the king out of parlia-tate nostra, ut ipsis dictis libertatibus et imiment, but complaint was made of it in parlia-munitatibus uti et gaudere, et quod de prisis ment; and not one that ever stood after such nostris quieti esse possint, præstationes et cuscomplaint made, but remedy was afforded for 'tumas hujusmodi de bonis et merchandisis it; et quod rex inconsulto fecit, consulto re'suis nobis solvere velint, ut accepimus, assig 'vocavit,' his soveraigne power controlled his navimus vos, &c. ad custumas et præstationes subordinate. In which it is a thing very no-predictas de mercatoribus de regno et potestable, that the king in no one case ever claimed,tate nostra colligend. qui eas gratanter et or so much as ever named his right or prero- 'sine coercione solvere voluerint.; iter tamen gative, which no doubt would have been done, if it had been thought due, but gave satisfaction to the complaint by one of these three waies;-Either by discharging them quite, and making some good law against them. 2dly, by entreating the people to hold them some short time by their favour.-3dly, by waving his present possession, and taking that of their gift by act of parliament, as an aide which he had set on by his absolute power as an imposition.

quod aliquem mercatorem de dicto regno et potestate nostra ad præstationes et custumas hujusmodi nobis invito solvend. nullatenus distringatis.' Surely if E. 1. had claimed the prerogative of imposing, he would never have given these cautions in the requiring of that. which he had taken to be his due, as that they should not exact it of any of his subjects that were not willing to pay it, nor trouble nor distraine them for it.

·

In the twelfth yeere of E. 3. we find the reInstances of the first; 25 E. 1. the impositions cord [Rot, Alem. 12 E. 3. dorm. 21. in Turr.] of wools taken off, and a law made against it, of certain letters written from the king, being and the king undertook for him and his succes- then at Barwick in the Scottish warres, unto sors to due so no more. 38 E. 3. 26. the im- the archbishop of Canterburie, in which letposition of Ss. 4d. on a sacke of wooll put off ters the king seemeth to have a great confi-· upon complaint; and a law made against it, dence in the devotion of the archbishop, and 38 E. S. c. 3. The like statute 45 E. 3. ca. 4. therefore earnestly intreateth him to further upon a complaint of an imposition on wools his enterprises with his prayers to God, and made in parliament, 45 E. 3. n. 42. Rot. Parl. then addeth further: Ad hoc pater, cum poInstances of the second; 21 E. 3. nu. 11. apulus regni nostri variis oneribus, tallagiis, petition upon an imposition of 2s. upon a sacke of wool, 28. upon a tunne of wine, and 6d. upon aver de pois, all discharged presently, saving the 2s. upon a sacke of wool, and for that intreated that it might stay till Easter following, and so it did, and was then taken away. Instance of the third. 25 E. 3. nu. 22. the commons made petition against an imposition of 40s. upon a sack of wool, granted to the king by the merchants, shewing that they ought not to be bound by their act. The king did not claime right or justice; but because his warres were great, upon his request had it granted unto him for two yeeres by act of parliament, and pretended no title of prerogative, neither was it ever spoken of.

3. My third observation is, that our kings have acknowledged that it is not their right. E. 1. in his writs he sent to the officers of his ports to levie 3d. on the pound over the old custome of the denizens as well as of the aliens, and to suffer the denizens to enjoy those privileges the aliens did enjoy by the payment of the encrease of custome, doth give this direction expressly that they should not take it of denizens against their will. The words of the record express it very fully: cum mercatores extranei et alienigena, pro quibusdam libertatibus eis per nos concessis et priscis nostris quibuscunque remissis, nobis de bonis et 'merchandisis suis quibuscunque infra regnum ⚫ et potestatem nostram adducend. ultra anti

:

et impositionibus, hactenus prægravetur (quod 'dolentes referimus) sed inevitabili necessitate compulsi de eisden oneribus ipsum adhuc re· levare non valemus dictum populum, ut tan'tam necessitatem nostram humiliter et benigne patiatur et caritativè sustineat, et priorem, quam penes nos concepit de cetero instanter in orationibus et eleeinosyuis suis, (oneribus predictis, quæ non ex malitia vel presumptione voluntaria ipsum gravant, non obstantibus) 'exhibeant caritatem, indulgentiam muneribus et aliis modis, quibus secundum Deum videbitis piis exhortationibus inducatis, et nos penes eundem excusetis; speramus namque per Dei gratiam, cujus manus cunctis indi'gentibus sola sufficiens, et largiflua comprobatur, beneficiis compensativis dictum populum visitare et consolari pro loco et tempore opportunis.'

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The principall thing I note out of this record, upon the very point of this my third observa tion, is, that the king intending to excuse himself of the burthens by him laid on the people, and to avoid the blemish of wrong and injustice in laying thereon, saith they were not

onera ex presumptione voluntaria,' that is, burthens that he presumed to lay on at his owne will, whereby he condemneth impositions without assent of parliament, which are, onera ex voluntate regis,' to proceed of presumption, which doth clearly exclude claime of right, and disproveth the lawfulness of the act.

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'times heretofore, I thanke you as heartily as I can. Also I trust yee will continue in time coming; for which by the grace of God I shall be to you as good and gracious a king, and reigne as righteously upon you, as ever did any of my progenitors upon commons of this my realme in dayes past, and shall also in time of need apply my person for the weale and defence of you, and of this my realme, not sparing my body nor life for any jeopardy that might happen to the same.'

But there are divers other notable passages in in time of need; wherein I trust, that yee the record worthy our marking. As out of the sirs, and all the commons of this my land, will wordprægravantur' used by the king, wee be as tender and kinde unto me in such cases may gather he did accompt these impositions a as heretofore any commons have been to any grievous burden to his people, which sheweth of my progenitours. And for the goodwill, bis owne pity of them. He saith further, 'do- 'kindness, and true hearts that yee have 'lentes referimus,' shewing his griefe and re-borne, continued, aud shewed to me at all morse at it; et inevitabili necessitate com'pulsi,' he did it constrained by unavoidable necessity, shewing he was forced to it against his will, by that which violateth and breaketh all law; which inferreth, he would not maintaine his action by law. Adhuc relevare non valemus;' this insinuates, he would ease them in good time. Caritatem exhiberent,' they should afford him charity in the bearing of them, as if so be in point of justice or right they need not. Penes eundem excusetis,' the bishop should excuse him to the people. By this he did clearly leave the point of justification, and so of right. Lastly, he promiseth he would visit and comfort them beneficiis com'pensativis,' would give them recompence for those summes he had so raised of them; which sheweth that he claimed them not as due, for then he needed not give recompence for them. In the 21st E. 3, a petition was exhibited in parliament, that levies be not made by commission, so they be in this case, nor other things laid upon the people unless they be granted in parliament. The kings answer is, if any such impositions were made, it was by great necessity, and with assent of the pre-selfe between these two bounds. The one, it lates, barons, and some of the commons present; yet he will not that such impositions not duly made be drawne in consequence. Here the king acknowledgeth an imposition not to be duly made, though with the consent of the higher house and some of the commons, because it was not in full parliament: much rather he would have thought so, if it had been by the king alone.

King E. 4, that was a rough and warlike prince, and was more beholding to his sword in the recovery of his right to the crowne then to the affection of the people, at a parliament held the seventh yeere of his raigne made a speech to the commons, sir John Say being then Speaker, in which speech is contained very notable matter, and very pertinent to our purpose; and because the record is not in print, I will set downe the kings speech verbatim as it is entred upon the parliament roll, [Rot. Parl. 7 E. 4. The record begins, memorandum quod die Veneris, 3 die Parl.] and then I will make a paraphrase upon it. John Say, and ye sirs come to this my court of parliament for the commons of this my realine. The cause why I have cald and summoned this my present parliament, is, that I purpose to live upon mine own, and not to charge my subjects but in great and urgent causes, con'cerning more the weale of themselves, and also the defence of them and of this my 'realme, rather than mine owne pleasure, as 'heretofore by commons of this land hath 'beene done, and borne unto my progenitors

Out of this, we may observe first the kings protestation to live of his owne, and not to charge his subjects; by which I gather he did acknowledge a certain and distinct property of that which was his subjects from that which was his own, which excludeth the right to impose at his will; for if that be admitted, the subjects property is proprietas precaria, 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 restraint of the quantity, the right being admitted, but onely the kings will.The second thing I observe is this, that in charging of his subjects he would confine him

should bee in great and urgent causes concerning more the weale of them, and the defence of them and his realme, than his own pleasure; wherein he condemneth those occasions that grew upon excesse of private expence by over great bounty, or otherwise, and admitteth onely such as grow by reason of warres, or other such like publique causes concerning the whole state. The other bound or limit is, that those burdens should be secundum morem majorum, as heretofore had been done and borue by the commons to his ancestours in time of need.The third thing I observe is, that he acknowledged these burdens did proceed out of their good-will and kindness, and not out of his right and prerogative; out of these words, that he trusted they would bee as tender and kinde to him in such cases, as heretofore any commons had been to his progenitors. And lastly, wee may note the recompence promised by the king to his subjects, for their good wills and kindness, his goodness and grace, his just and righteous government, the jeopardy of his body and life for their weale and defence. Did this king assume to himselfe a right to lay burdens on his subjects at his own will without their assents, that offered to buy them at his need with the price of his blood, the most sacred relique in the kingdome?

4. My fourth observation is, that in all petitions exhibited by the commons in parliament against impositions, the very knot of their griefe, and the principal cause of their complaint, hath been expressed in those petitions,

that the impositions have been without assent of parliament; by which is necessarily inferred, that their griefe was in point of right, not of burden.-in 21 E. 3, nu. 11. the complaint of the imposition of 2s. upon a sacke of wooll, 2s. upon a tonne of wine, 6d. upon aver de pois, the cause of grievance expressed, because it was done sans assent de commons.'-25 E. 3, nu. 22. In a petition the commons complaine, that an imposition upon wools was set by the consent of the merchants; they pray that commissions bee not made upon such singular grants, if they be not in full parliament; and if any such grants be made, they may be held as void.-17 E. 3. nu. 28. The commons in their petition informe the king, it is against reason they should be charged with impositions set on by assent of merchants, and not in parliament.

the merchants first. But judgment was given against him, that he should be committed to prison, be fined and ransomed at the kings will, and be put from being of the council; and this procuring of impositions to be set on without the assent of parliament is expresly set down in the entry of the judgment for one of the causes of his censure.-Richard Lyons, a farmer of the customs in London, the same year was accused in parliament for the same offence. He pleaded, he did it by the kings command, and had answered the money to the kings chamber: yet was condemned and adjudged in parliament to be committed to prison, and all his lands and goods were seised into the kings hand. And at the last the hate against these authors of impositions grew so, that 50 E. 3. in the same parliament, a petition was exhibited in parliament to make this a capital offence. The record [Rot. Parl. 50. E. 3. n. 17, 18, 19, 20.] is very short, and therefore I will set it down verbatim. Item prie le dit common, que soit ordaine per statute en cest present parliament de touts ceux, queux cy en avant mittont ou font pur tour singuler profit novels impositions per lour authoritie demesn, accrocheants al eux eny ul power de riens que soit establi en parliament, sans assent de parliament, que ils eyent judgement de vie et inember, et de forisfacFourty shillings set an impositionture. To this rough petition the king gave a upon a sacke of wooll, upon complaint, all milde and temperate answer, courre la cointaken off, and no suit to be eased of part be-mon ley come estoit al avant use.' cause it was too great.

5. My fifth observation is, that, whensoever any petition was exhibited against impositions, there was never any respect had of the quantity, but they were ever intirely abated, as well where they were small, as where they were great; no request ever made to make them less when they were great, nor excuse made of their case when they were exceeding small; which sheweth, that it was not the point of burden or excesse was respected in their complaint, but the point of meere right.-25 E. 3,

nu. 22.

36 E. 3. nu. 26. 3s. 4d. upon a sacke of wool all taken off, and no excuse made for the smalness; for 21 E. 3. nu. 11. 2s. a sacke, 2s. tonnage, and 6 d. poundage.—50 E. 3. nu. 163. A great complaint was made in parliament by the commons, that an imposition of a penny was set upon wools for tonnage over and above the ancient due, which was but a penny, and so the subject was charged with 2 d.; also that a penny was exacted for mesonage, which impositions the record doth express did amount to 100. a yeere.-This petty imposition was as much stood upon in point of right, as the other great one of 40 s., and was taken off upon complaint in parliament, without either justification or excuse for the smalness of it.

6. My sixth observation is, that those which have advised the setting on of impositions without assent of parliament, have been accused in parliament for giving that advice, as of a great offence in the state, and have suffered sharpe censure and great disgrace by it. Neither doe I finde that the quality of the person hath extenuated the blame; as 50 E. 3. William lord Latimer chamberlaine to the king, and one of his private councell, was accused by the commons in parliament of divers deceits and extortions and misdeeds, and among other things, that he had procured to be set upon wooll, woollfells, aud other merchandizes, new impositions, to wit, upon a sack of wooll 11 s., which the lord Latimer sought to excuse, because he had the consent and good liking of

7. My seventh observation is, the cessation between 50 E. 3. after this censure in parliament, and 4 Mariæ, almost 200 years, during which time no king did attempt to impose without assent of parliament. And yet we finde in the parliament rolls, that there was not one of those kings that reigned in that time, but had impositions granted him upon fit occasion by act of parliament upon all goods and merchandizes, and at divers times during their reigns, sometimes more, sometimes less upon the ton and pound, but ever for a time certain, and indefinite. So the use of them was not given over, but the power of imposing was so clearly and undoubtedly held to be in the parliament, as no king went about to practice the contrary.-But to this cessation, that was of great weight and credit in our evidence, a colour was given by the other side, to avert the inference made upon it against the kings right, that is, that during that time there was so great a revenue grew to the crown by double custom paid for all merchandizes both in England and at Callais, by reason of an act of parliament made 8 II. 4. which was, that no goods should be carried out of the realm but to Callais, and by reason that the merchants paid custom both there and here for the same goods, that in 27 Hen. 6, the custom of C'allais was 68,000l. the year; a great sum, if you con-ider the weight of money then, what price it bare; and by reason hereof princes not delighting to charge their murmuring subjects but when need is, being so amply supplied otherwise, did not

[28 H. 6. Stat. de Resump. in Turri Lond. not printed.] I will set down the very text of it, so much as is material to our purpose.

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Prayen your commons in this your present parliament assembled to consider, that where your chancellor of your realm of England, your treasurer of England, and many other lords of your council, by your high command

'ment holden last at Westminster, shewed and 'declared the state of this your realm, which was that ye were indebted 372,000l. which is 'grievous, and that your livelihood in yearly value was but 50001. And forasmuch as this 5,000l. to your high and notable state to be kept, and to pay your said debts, will not suf'fice: therefore that your high estate may be relieved. And furthermore it was declared, 'that your expences necessary to your houshold without all other ordinary charge came to 24,000l. yearly, which exceedeth every year in expence necessary over your livelihood 19,000l. Also pleaseth it your highness to 'consider, that the commons of your said realm be as well willing to their power, for the relieving of your highness, as ever was people to any king of your progenitors that raigned in your said realm of England: but your said 'commons been so impoverished, what by taking victual to your household, and other

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put that prerogative in practice.-To this I answer, that if that were true that was urged, it might be some probable colour of the forbearance of imposing. But I finde it quite contrary, and that by record: for there was no such restraint of all commodities not to be transported to any place but Callais, but onely woolls, woollfells, leather, tinn, and lead, that were staple wares, which by the statute 37ment to your said commons, at your parlia E. 3. were to be transported thither, and not to any other place, and the staple continued at that place for the most part from that time untill long after, 27 H. 6. but there was no double custom paid both here and there by the same owner: but the yearly profits of the customs of Callais at those times were so far short of that which hath been alleged in 27 H. 6. that it appeareth in an act of parliament, 27 H. 6. cap. 2. printed in the book at large, that the commons do complain, that, whereas in the time of E. 3. the custom of Callais was 68,000l. per annum, at that time, which was 27 H. 6. by reason of the ill usage of merchants, it was fallen to be but 12,000. the year. So then there was great cause in that respect to have set on impositions by reason of that great abatement of customs, and yet it was not then offered to be done without assent of parliament. But if you look a little further into the extreme necessities of those times, you shall finde there never was greater cause to have strained pre-things in your said realm, and nought paid for rogatives; for it appeareth in an act of parliament, 28 H. 6. that it was then declared in parliament by the chancellor and treasurer, who demanded relief of the people for the king, both for payment of his debts and for his yearly livelihood, that the king was then indebted 372,000l. which now by the weight of money amounteth to above 1,100,000l. and that his ordinary expences were more then his yearly revenue by 19,000l. yearly. So it ever there was cause to put a king to his shifts, it was then; yet we see they did not venture to put in practice this supposed prerogative. It further appeareth in that statute, that the people, among those reasons they alleadged, why they were not able to retain the king, gave this for one, that they had so often granted him tonnage and poundage upon merchandizes, by which it appeareth he took nothing of merchants by imposition without grant; for if he had, no doubt they would not have stuck to have put him in mind of it. But I pray consider, what became of this motion of the chancellor and treasurer. The proposition had depended in parliament many years. The effect was, the people entreated the king to resume all grants he had made from the beginning of his reign, untill that time, being the 28th year of his reign, excepting such as were made upon consideration valuable, that he might so enable himself by that mean by which he had impoverished himself and the whole kingdom. This took effect, and the statute of resumptions was thereupon made the same year; which record, because it is not in print, and declareth these things with great gravity and authority,

it, and the quinzime by your said commons so often granted, and by the grant of tunnage and poundage, and by the grant of subsidy upon woolls, and other grants to your highness, and for lack of execution of justice, that your said poor commons be full nigh destroyed; and if it should continue longer in such great charge, it would not in any wise be had, 'ne born. Wherefore pleaseth it your highness, the premisses graciously to consider, and that ye by the advice and assent of your lords 'spiritual and temporal, and by the authority of this your present parliament, for the con'sideration of your high estate, and in comfort and ease of your poor commons, would take, resume, seise and retain in your hands and possession all honors, &c.'

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This was very plain dealing by the people with their king, and this is the success of the demand of supply and support had in those days, being required in point of gratification, without any recompenee or retribution for it. Thus then we have cleared this point, that between 50 E. 3. and 4 Mariæ, there was not one imposition set without assent of parliament.

Queen Mary in the fourth year of her reign, upon the wars with France, set an imposition upon clothes for this consideration, that the custom of wools was decayed, by reason for the most part they were made into clothes, which afforded little custom; for that which in wooll paid for custom and subsidy 40s. made into cloth paid but 4s. 4d. To recompence this by an indifferent equality, there was set upon a cloth 5s. 6d. which imposition did not make up the loss sustained in the custom of wooll, by