Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	parliament_n	year_n	2,273	5	5.2206	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91168	A declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a native incertain commodity) in particular. By William Prynne of Swainswick, Esq;	Prynne, William, 1600-1669.	1654 (1654)	Wing P3936; Thomason E813_16; ESTC R203225	23,096	31

the next prescribed Fast by those in power might be only this which God here requires and that it might be so sincerely really effectually performed by the Prescribers of it that God himself and all the three Nations may joyntly attest of them That they are just ruling in the fear of God On Tuesday the 26 of September last 1654. there was this Ticket left at my house at Swainswick directed to no particular person named in it or indorsed on it You are to appear at the Grey-hound in Bath on Tuesday next by ten of the Clock in the fore-noon to make entry of what quantity of HOPS YOV HAD GROWING THIS PRESENT YEAR AND TO PAY THE DVTY OF EXCISE FOR THE SAME 25 September 1654. Thomas Peeres Sub-collector Hereupon repairing to the Lecture at Bath the next morning and carrying with mee this Ticket and such Parliamentary Judgments and Declarations against Excise as are hereafter specified which I drew up in writing as here I present them to the publique I sent for the Sub-collector to the Inn where the Ordinary for the Lecture is kept before the Sermon began who repairing to me thither I shewed him the Ticket in a friendly manner which he owned and then informed him it was erronious and voyd in Law because directed to no particular person by name in respect of form which he confessed saying it was his mans mistake who had order to set the parties names to every severall Ticket he delivered at their houses I acquainted him that this being but a circumstance the end why I sent for him was to be satisfied by him touching the substance of his Warrant and that was to make entry of what quantity of Hops I had growing this present year and to pay the Duty of Excise for them For although I was a Lawyer and knew what Duties were by Law to be paid by my self and others yet I neither knew nor understood that EXCISE in generall much less for Hops in speciall was a duty and seeing I had many Judgements and Declarations of Parliament against it as an illegall execrable innovation and damning it for ever as such I could neither in prudence nor conscience pay it as a DVTY till hee could make it appear to mee by some true reall Act of Parliament to be so desiring him to shew me what Legall or other Authority he had to claim it as a Duty from mee To which he answered that he had nothing else to shew for or claim it by but a late Ordinance of the Protector and his Counsell at White-hall continuing the Excise till such a month in the year 1656. Which he would shew mee if I pleased To which I replied that I conceived that this would bee his answer which was no satisfaction at all to me for I was certain that by the fundamentall Laws and Statutes of the Realm and the resolutions of our Parliaments in all Ages no King of England nor his Councel-Table could ever in any age make binding Laws or impose any Tax Tallage Impost Custom Tunnage or Poundage much less Excise a stranger to our Ancestors on the Free-men of England but only a true and legal English Parliament and therefore those who condemned suppressed the late King and his extravagant Councel-Table as Tyrannicall and oppressive to the People could neither in justice nor prudence arrogate such a supertranscendent jurisdiction to themselves as to impose such Taxes as these on the whole Realm an inseparable Prerogative of our Parliaments alone as hath been resolved over and over in all ages by the * Laws of King Edward the Confessor ratified by William the Conquerour himself and by all our Kings since by a special clause in the very Coronation Oaths Lex 55. 56. 58. the great Charters of King John and Henry the third c. 29. 30. 25. E. 1. c. 5. 6. 34. E. 4. c. 12. De Tallagio 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15. E. 3. Stat. 2. c. 5. 21. E. 3. Rot. Parl. N. 16. 25. E. 3. Rot. Parl. N. 16. 27. E. 3. Stat. 2. c. 2. 36. E. 3. Rot. Parl. N. 26. 38. E. 3. c. 2. 45. E. 3. Rot. Parl. N. 42. 11. H. 4. Rot. Parl. N. 10. 1. R. 3. c. 2. 22. H 8. The Petition of Right 3. Car. The Statute against Ship-mony Knighthood Customs 16. Caroli and all the statutes concerning Customs Tunnage Poundage and Purveyors in all our Kings reigns all unanimously resolving That no Tax Tallage Subsidy Ayd Loan Custom Impost Tunnage Poundage or any other payment or duty whatsoever can be imposed on or leavied from the Subject in times of War or Peace upon any pretext or necessity but only by common grant and consent of the Lords and Commons in Parliament and so resolved over and over in the Parliament of 7. 21. Jacobi and of 3. 4. 16. Caroli by many now in power And to satisfie him in point of EXCISE the thing in question I would shew him some late Judgements and Declarations of Parliament against it which I presumed would satisfactorily convince him that it was no Duty but an intollerable Oppression and detestable Innovation whereupon I read unto him these ensuing Judgements and Declarations against it 1 I shewed him that Excise was altogether a stranger and thing utterly unknown to our Fore-fathers the Name and thing being never found in any Histories or Records of former Ages in this Island The first attempt we ever finde upon Record to usher it into and set it on foot in England was in the third year of our beheaded King Charls his reign who by the advice of the Duke of Buckingham and some other evil Counsellours * granted a Commission under the Great Seal of England dated the last day of February 3. Caroli called THE COMMISSION OF EXCIZE issued to thirty three Lords and other of HIS MAJESTIES PRIVIE COVNCEL The Commissioners were thereby authorised and commanded to raise Monies BY IMPOSITIONS OR OTHERWISE as they in their wisdoms should find most convenient the causes wherefore these Monies were to be raised were expressed to be these THE DEFENCE AND SAFETY OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies beyond the Seas which WITHOVT EXTREMEST HAZARD OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies can admit of no longer delay INEVITABLE NECESSITY wherein form circumstance must rather be dispenced withall than the substance lost the Commissioners must be diligent in the service and not fail therein as they tender his Majesties Honor and THE SAFETY OF THE KING AND PEOPLE Here Salus Regni periclibatur the whole Kingdom was declared to be in danger in greater and nearer danger then any now appearing In the Parliament of 3. Caroli the House of Commons having notice given them of this Commission sent for it and upon debate thereof without any one dissenting voyce Voted and adjudged it TO BE AGAINST LAW and CONTRARY TO THE PETITION OF

to the excellent Law of the Petition of Right as the premises resolve which EXCISE he never exacted or put in execution after the damning of the foresaid Commission And let all the world of indifferent men judge whether the Parliament and people of England have not as just as sufficient cause to bring them to Justice for it as ever they had or pretended to have to bring the King to Justice for the same if Rom. 2 1 2 3. be either good Law or Gospel the rather because they resolve in that Declaration an unaccomptable Officer as the King pretended himself to be a STRANGE MONSTER IN NATNRE and no wayes to be suffered in any State or Government 5 Whereas the Excise man pretended Excise for Hops to be a duty by vertue of a White Hall late Ordinance as he termed it I therupon read unto him the 36 articles of the Government of the Common-wealth of England c. viz That the Laws shall not be altered ●uspended abregated or repealed nor ANY NEW LAW MADE NOR ANY TAX CHARGE OR IMPOSITION LAID UPON THE PEOPLE BUT BY COMMON CONSENT IN PARLIAMENT Save onely as is expressed in the thirtieth Article viz. That the raising of money for defraying the charge of present extraodinary Forces both by Land and Sea in respect of the present Warres SHALL BE BY CONSENT IN PARLIAMENT and NOT OTHERWISE Save onely that the Lord Protector with the consent of the Major part of his Councell for preventing the disorders and dangers which may otherwise fall out both by Sea and Land shall have power UNTILL THE MEETING OF THE NEXT PARLIAMENT to raise Money for the purposes aforesaid as also to MAKE LAWES and ORDINANCES for the peace and welfare of these Nations where it shall be necessary which SHALL BE BINDING IN FORCE untill order shall be taken in Parliament concerning the same And this clause in the oath p. 46. I do swear and promise in the presence of God that I wil not violate or infringe the matters things contained therin but to my power observe the same and cause them to be observed And shal in all other things to the best of my understanding GOVERN THESE NATIONS ACCORDING TO THE LAWS STATUTES and CUSTOMES Now admit this Instrument Saving to be valid and legal yet it limiting the Whitehall power of raising monies and that onely for the Forces by Land and sea in respect of the Warres which are ended till the meeting of their first Parliament and no longer which was past in their accompt 23 dayes before this demand of Excise for Hops as a duty those very articles of the Government discharged me and all others from it by vertue of any Whitehall Power or Ordinance But this saving being contrary to the body of the Articles to all the forementioned Statutes Great Charter Petition of Right Judgements and resolutions of Parliament and destructive to the Priviledges and Rights of Parliaments themselves in whom the Legislative and Tax imposing authority wholly solely and incommunicably resides as all our Parliaments Statutes Law-books Records Histories in all ages have resolved and the body of these two Articles confesse it must needs be void and nugatory to all intents and purposes in all Lawyers and judicious mens Judgements and can give them no legall or reall authority to make binding lawes Ordinances or impose any Taxes imposts or Excises by colour thereof If the Parliament it self by speciall Act of Parliament should give any speciall Committee of Lords and Commons Authority or Power to make binding Statutes Acts Ordinances or to impose Taxes on the people or repeal or alter any former Lawes and Statutes with the Kings Royall assent as the Parliament of 21 R. 2. c. 16 17 18 19 20. did yet all such Acts Ordinances Laws Taxes alterations repeals of Lawes would be null and void though ratified by the Kings consent and ought wholly to be revoked reversed voided and undone repealed and adnulled for ever as being IN DEROGATION OF THE STATE OF THE PARLIAMENT TO THE GREAT INCOMODITY OF THE WHOLE REALM and OF PERNICIOUS EXAMPLE and NEVER TO BE DRAWN INTO EXAMPLE IN ANY FUTURE TIME as is declared resolved in the Printed Statute of 1. H. 4 c. 3. and more fully in the Parliament Rolls of 1. H. 4. num 26. 48. 66. 70. worthy perusall Much more then must the powers granted to any Person or Persons by this Instrument made out of Parliament by persons yet unknown for the most part to impose any Taxes or make binding Laws and Ordinance be null and void to all intents to oblige our whole three Kingdomes or any one English F●een an or alter repeal any former Lawes or Statutes of the Realm by which the people are onely to be governed at all times The Statutes of 31 H. 8. c. 8. and 34 H 8 c. 23 authorised the King for the time being with the advice of his Councell or the major part of them to set forth Proclamations in some cases onely under such pains and penalties as to him and them should seem necessary which shall be observed AS THOVGH THEY WERE MADE BY ACT OF PARLIAMENT Provided alwayes that this should not be prejudiciall to any Persons Inheritances OFFICES LIBERTIES GOODS CASTLES OR LIFE In the passing of which Acts many liberall words were spoken against Proclamations and a plain Promise as well as proviso made that by authority of the Act for Proclamations NOTHING SHOULD BE MADE CONTRARY TO ANY ACT OF PARLIAMENT OR THE COMMON LAW as a Stephen Gardiner Bishop of Winchester records and writes in his Letter to THE LORD PROTECTOVR in Edward the sixth his Reign yet this power was held so dangerous that it was repealed by the Statute of 1 E. 6. c. 12. But never did any Parliament grant any King of England and his Councel the least power to make binding Laws and Ordinances or impose Taxes Customes Imposts or Excises in any age nor to act any thing against any statute or the Common-Law much lesse against the Great Charter and Petition of Right And therefore this power granted by this new illegall Instrument to all or any at Whitehall to make binding laws and Ordinances and impose any Taxes Customes Imposts or Excises whatsoever is meerly void null in Law to all intents and all Ordinances Laws Taxes Excises made and imposed by pretext thereof wholly illegall null and ineffectuall to all intents and fit to be so declared by the whole Nation and their Trustees to prevent the dangerous President and consequences of it in future times and the monthly Contributions Excises Imposts Customes imposed by them for sundry Moneths and years yet to come against the very Letter of thirtieth Article as well as of the forecited Acts Declarations and Letter of the Oath therein contained so soon after the taking of it must needs be esteemed and declared void and no wayes to be owned or submitted to as binding valid legall by my self or any others who