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A67804 The rights of the people of England, concerning impositions stated in a learned argument, by Sir Henry Yelverton ... ; with a remonstrance presented to the Kings most excellent Majesty, by the honorable House of Commons, in the Parliament, An. Dom. 1610 ... Yelverton, Henry, Sir, 1566-1629.; England and Wales. Parliament. House of Commons. 1679 (1679) Wing Y28; ESTC R12698 49,930 134

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to be eased of part because it was too great 36. E. 3. nu 26. Three shillings and four pence upon a sacke of VVool ibid. 38. E. 3 n. 26 21. E. 3. n. 11. all taken off and no excuse made for the smalness for 21 E 3. nu 11 two shillings a sacke two shillings tonnage and six pence poundage 50 E. 3. nu 163. R. Parl. 25. 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 Tonage over and above the ancient due which was but a penny and so the subject was charged with two pence Also that a penny was exacted for Mesonage which was but an halfe penny which Impositions the Record doth express did amount to an hundred pounds a yeere This petty imposition was as much stood upon in point of right as the other great one of fourty shillings and was taken off upon complaint in Parliament without either justification or excuse for the smalness of it My sixth observation is that those which have advised the setting on of impositions without assent of Parliament have been accused in Parliament forgiving 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 L. 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 Wooll-fells and other Merchandizes new Impositions to wit upon a sack of Wool eleven shillings which the L. Latimer sought to excuse because he had the consent and good liking of 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 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 Rot. Par. 50. E. 3. n. 17 18.19 20. 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 an petition was exhibited in Parliament to make this a capital offence The Record 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 ●y en avant mittont ou font pur lour singuler profit novels Impositions per lour authoritie d●mes●n accrocheants al eux ●ny ul power de rien que soit establi en Parliament sans assent de Parliament que ils eyent judgement de vi● member de forisfacture To this rough Petition the King gave a milde and temperate Answer Courre la Common ley come estoit al avant use My seventh Observation is the cessation between 50. E. 3. after this censure in Parliament and 4. Mariae almost two hundred 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 Callis by reason of an Act of Parliament made 8. H 4. which was that no goods should be carried out of the Realm but to Callis and by reason that the Merchants paid Custom both there and here for the same goods that in the seven and twentieth year of Henry the sixth the Custom of Callis was 68000. pounds the year a great sum if you consider 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 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 Gallis but onely Woolls Wool-fells Leather Tinn and Lead that were staple Wares which by the Statute 37 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 Callais at those times were so far short of that which hath been alledged in 27. H. 6. that it appeareth in an Act of Parliament 27. H. 6. cap. 2 printed in the book at large 27. H. 6. cap. 2. That the Commons do complain That whereas in the time of E. 3. the Custom of Callais was 68000 pounds per annum at that time which was 27. H. 6. by reason of the ill usage of Merchants it was fallen to be but 12000 pounds 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 Prerogatives 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 livelioood that the King was then indebted 372000. pounds which now by the weight of money amounteth to above 1100000. pounds and that his ordinary expences were more then his yearly revenue by 19000. pounds
this the King may restrain the passage of the person and of the goods therefore he may suffer them not to pass but sub mode paying such an Imposition for his sufferance as he shall set upon them For the grounds and propositions laid in this objection I shall not be much against any one of them others of them must be qualified ere they be confessed but the inference and argument made upon them I utterly deny for in it there is mutatio hypothesis and a transition from a thing of one nature to a thing of another As the premises are of a power in the King onely fiduciary and in point of trust and government the conclusion infers a right of interest and gain Admit the King had Custodiam portuum yet he hath but the custody which is trust and not Dominium utile he hath power to open and shut upon consideration of publike 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 publike Portus sunt Publici free for all to go in and out yet for the common good this liberty is restrainable by the wisdom and policy of the Prince who is put in trust to discern the times when this natural liberty shall be restrained 1 H. 7.10 In 1. H. 7. fol. 10 in the case of the Florentines for their Allome the Lord Chief Justice Hussey doth write a Case that in the time of E. 4. a Legate from the Pope being at Calice to come into England it was resolved in full Council as the Book saith before the Lords and Judges that he should not have licence to come into England unless he would take an Oath at Calice that he would bring nothing with him that should be prejudicial to the King and his Crown The King by the Common Law may send his Writ Ne exeas regnum to any Subject of the Realm but the surmise of the Writ is Quia datum est nohis intelligi quod tu versus partes exteras absque licentia nostra clam destinas te divertere quam plurim● nobis coronae nostrae prejudicia prosequi Fitzh N. B. 85. b. So in point of Government Fitzh N. B 15 ●b and common good of the Realm he may restrain the person But to conclude therefore he may take money not to restrain is to fell Government trust and common Justice and most unworthy the divine Office of a King But let us compare this power of the King in foraign affairs with the like power he hath in Domestick Government There is no question but that the King hath the custody of the gates of all the Towns and Cities in England as well as all the Ports and Havens and upon consideration of the Weal publike may open and shut them at his pleasure as if the infection of the sickness be dangerous in places vicine to the City of London the King may command that none from those places shall come into the City May he therefore set an Imposition upon those that he suffereth to come into the City So if by reason of infection he forbid the bringing of Wares and Merchandizes from some Cities or Towns in this Kingdom to any great Fare or Mart shall he therefore restrain the bringing of Goods thither unless money be given him by way of Imposition The King in his discretion in point of equity and for qualifying the rigor of the Law may enjoyn any of his Subjects by his Chancellor from suing in his Court of Common Law May he therefore make a benefit by restraining all from suit in his Courts unless they pay him an Imposition upon their Suits In 2. E. 3. in the case of the Earl of Richmond before-cited 2. E. 3.7 the King had granted unto the men of great Yarmouth that all the Ships that arrived at the Port of Yarmouth which consisted of three several Ports Great Yarmouth Little Yarmouth and Gerneston should arrive all at Great Yarmouth and at no other place within that Port. The lawfulness of this Patent being in question in the Kings Court it was reasoned in the Kings behalf for the upholding of the grant as it is now that the King had the custody of the Port he might restrain Merchants fron landing at all in his Kingdom Therefore out of the same power might appoint where and in what Haven they should land and no other This Patent was demurred on in the Kings Bench as being granted against the Law but the Case depending was adjourned into Parliament for the weight and consequence of it and there the Patent was condemned and a Law made against such and the like grants 9. E. 3. cap. 1. The Presidents that were vouched for maintenance of this power of restraint in the King were four produced almost in so many hundred years Rot. Par. 2. E. 1. n. 16. Rot. fin 2. E. 1. n. 17. Ro. claus 10. E. 3. dor 31. Ro. claus 17. H. 6. in dors whereof two were in the second year of E. 1. one in the tenth year of E. 3. another in the seventeenth year of H. 6. since which time we hear of none but by Act of Parliament as they had been usually and regularly before To these I will give answer out of themselves out of the common Law out of divers Statutes and out of the practice of the Commonwealth The restaint in the time of E. 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. E. 3. was to restrain the exportation of Ship-timber out of the Realm That of 17. H. 6. to prohibite Traffique with the Subjects of the Duke of Burgundy These presidents are rare yet they have in them inducements out of publique respects to the Common-wealth for the rule of Common Law in this case I take it to be as the reverend Judge Sir Anthony Fitzherbert holds in his Writ of Ne exeas regnum in Nat. Br. that by the Common Law any man may go out of the Kingdom Fitzh N. B. 85. but the King may upon causes touching the good of the Commonwealth restrain any man from going by his Writ or Proclamation and if he then go it is a contempt This opinion of his is confirmed by the Book Dier 1. El. 165. Dier 13. El. 296. Eliz. fol. 165. Dier 12. 13. Eliz. Dier 296. In like manner if a Subject of England be beyond sea and the King send to him to repair home if he do it not his Lands and goods shall be seised for the contempt and this was the case of William de Britain Earl of Richmond 19. E. 2. He was sent by the King into Gascoyne on a message 19. E. 2. and refused to return for which contempt his Goods Chattels Lands and Tenements were seised into the Kings hands The
3. cap. 26. which confirmeth the Charter of 31. E. 1. entirely and by that the encrease of Custom by three pence in the pound which is by name mentioned in the Statute is now due by Act of Parliament If you will have the King hold this encrease of Custom by Prerogative you go directly against his meaning for it appeareth by that which presently followed this Grant that the King took this encrease of Custom by way of contract onely and not by way of Prerogative for the same year following he directeth his Writs to the Officers of his Ports reciting the contract made with the Aliens by Charta Mercatoria adding further that some Denizens were willing to pay the like Custom upon the same Immunities to them to be granted and cloth assign his Officers to gather it but with this clause Si gratanter absque coertion● solvere voluerint ita quod aliquem Mercatorem de regno potestate nostrâ ad prastationes custumas hujusmodi invite solvendas nullatenùs distringatis Nothing can more plainly express that the Kings intention was not to demand this by way of Prerogative but by force of the contract If there were such a Prerogative in the Crown as of right to have Custom how cometh it to pass this Prerogative never yet had fruit or effect for this I can maintain That the King of England hath not one penny Custom or Imposition upon Merchandizes elder then the fourth year of Queen Mary that he holdeth not by Act of Parliament and by the peoples grant The eldest that he hath is that of Woolls Wooll-fells and Leather and that is by Act of Parliament as appeareth in the Statute 25 E. 1. cap. 7. the Tonnage and Poundage by Parliament in the first year of every Kings reign 25 E. 1. cap. 7. The Aliens encrease of Custom by Parliament 27 E. 3 cap. 26. 27. E. 3. cap 26. Then this Prerogative hath been much neglected that it was never called on to be put in execution untill now of late years Concerning the Statutes made for restraining our Kings Statute 3 from the exercise of this pretended Prerogative which is the third matter I stand upon Those that have maintained the Kings Prerogative in this point have endeavored to interpret those Statutes to extend onely to restrain him from imposing upon Wooll Wooll-fells and Leather which are staple commodities And the reason they give for this restraint more then for other goods is because the King by Statute is restrained to a Custom certain for those commodities as the half Mark a Sack of Wooll and half a Mark three hundred Wooll-fells and thirteen shillings four pence a Last of Leather and therefore great reason he should not exceed this Custom in these Commodities This Objection receiveth many Answers First it appeareth both by the express letter of divers of the Laws made in this point by the occasion that induced the making of the Laws and by the execution of them that all other Wares and Merchandises as well as those of the staple were within the purpose and intent of those Laws Secondly The reason alleadged why there should be restraint for the staple Commodities rather then for the other is mistaken for the Lords and Commons did grant to E. 1. by Act of Parliament the custom of the half Mark for Wooll Wooll-fels and Leather which was matter of meer grace and liberality and includeth no restraint in it but rather a favourable extention quite contrary to the sence of the Objection according to that rule of interpretation Gratiosa ampliari decet odiosa restringi And admit some Laws be made expresly to restrain impositions upon Wooll Wooll-fells and Leather by reason that the occasion of making such Laws was the actual imposing upon those goods at that time shall we not by good construction Secundum mentem extensivam legis extend this Law to other Wares and Merchandizes that are within the same mischief If we look to the reason of the Law we shall make no doubt of it for that is because the impositions were without assent of Parliament not because they were upon such and such Commodities Besides those Laws so made are declarativae juris antiqui non introductivae novi In the enumeration of those Statutes which I conceive make directly to this purpose I will endeavour rather to answer the Objections made against them then to enforce the sense and meaning of them which is very plain and open and needs no interpretation The first Statute enforced is Mag. Charta cap 30. made in the ninth year of H. 3. by which it is enacted that all Merchants shall have free egress and regress out of and into this Realm with their goods and merchandizes to buy and sell sine omnibus malis tolnetis per antiquas rectas consuetudines In which words we may infer that both the use and right of imposing are absolutely excluded and debarred for Consuetudo which in this case is to be taken for Vsage which is mos not improperly for Porterium a duty paid in money as our English word Custom in one sence doth signifie implieth a beginning and continuance by consent and will of the parties not by power and enforcement which cannot be a Custom and therefore it cannot be an Imposition for that ariseth meerly out of the will and power of their imposer and is against the will of him upon whose goods it is set But take Consuetudo either for Mos or Portorium the epithites with which it is qualified antiquum and rectum do describe it to be of that nature that it cannot be an Imposition for antiquum in legal construction is that which is time out of mind that is not an Imposition for then by continuance of time it should grow a right by prescription and were justifiable Rectum implieth a limited right which inferred there may be a wrong and exceeding of that right which is not in impositions for if there be a right in the King to impose the quantity time and other circumstances are in his discretion the right is illimited And if he set on never so great an Imposition there is as much right in it as if it be never so small the excess maketh it a burthen but not a wrong We may further observe that in the Statute Malum tolnetum which is evill Toll is set down by way of antithesis to antiqua and recta consuetudo by which is inferred that exactions upon Wares and Merchandizes not qualified with these two properties of antiquum and rectum are evill and unjust This is made more evident by a Record in the Tower of the sixteenth year of H. 3. which was a Mandat sent by the King to the Customers of his Ports for the execution of this Law made in 9 H. 3. whereby it is commanded Rot. clau● 16. H. 3● ma● Quod omnibus Mercatoribus in portum suum venientibus cum vinis aliis
must give his own Letters Pattents the force of a Law to alter the property of his Subjects goods which is also against the Law That the King of England cannot take his subjects goods without their consent it need not be proved more than a principle it is jus indigena an old homeborne right declared to be Law by divers statutes of the Realme 34 E. 3. c. 2. As in 3● E. 3. cap 2. That no office of the Kings or of his heires shall take any goods of any manner of person without the assent and good will of the party to whom the goods belonged The same is declared in many other Statutes made against prisages and purveyances Neither have ever any Kings attempted to go plainly and directly against that right but have devised certaine legal colours and shadowes for their wrongfull doing in that kind which I doe find were of three sorts Commissions Loans or Privie Seales Benevolence by way of Commission by way of Loan by way of Benevolence Commission of all other were the most insolent for they went out as it were by authority to levy ayd of the people upon great necessity of the commonwealth These were condemned in Parliament 21 E. 3. Num. 16 upon a greivous complaint made of the use of them by the Commons unto the King in Parliament wherein the people doe pray the King that he would be pleased to remember how at the Parliament held the 17 year of his raign and at the last Parliament That is the Parliament it was then accorded and granted by their said Lord the King and his Councell that there should goe out no Commissions out of Chauncery for Hobbeleries Archers and other charges to believed upon the people if they were not granted in Parliament which ordinances were not observed by reason whereof the people were impoverished acd decayed for which they prayed the King that he would be pleased to take pity of his people and the ordinances and grants made to his people in Parliament to affirme and hold And that if such Commissions goe out without assent or Parliament that the Commons which are grieved thereby may have writs of supersedeas according to the said Ordinance and that the people be not bound to obey them To this the Kings answer is Si ul tiel imposition fuit fait per grand necessitis ceo del assent des Prelates Counies Barons aut grandes ausomes des Commons adonque presents Neant moins nostre Seignior le Roy ne voet que tiel imposition non duement fait soit treit in consequence eins voet que les ordinances dont cest petition fait mention soit bienment gardes The last time that ever King attempted the course of exaction was 17 H. 8. Stowes annals 17. H. 8. upon the taking of the French King at Pavia by the forces of Charles the fifth Cardinal Wolsey having a purpose to put the King into a warre about that quarrell and finding a warre about that quarrell and finding his cophers empty advised this way to send out Commissions and by them to levie ayd of the people according to the value of their estate But this gave such discontent to the whole Realme that it caused in many places an actuall rebellion and the Cardinal being called to give an account of this bad advice did justifie this fact by the example ot Joseph who advised Pharaoh to take the fifth part of his subjects goods But when he saw that would not serve the turne he falsely laid it upon the Judges informing the King he did it by their advice being resolved by them of the lawfulness of the fact So you see that great Church-men found more safety in matter of government of our Commonwealth in making a false report of a point of the Common Law then in a true Text of the Scripture And if any Church men will endeavor by application of the Text of Scripture to overthrow the antient Laws and Liberties of the Kingdom I would advise them to be admonished by the ill success of the Cardinal in this particular action and by the miserable catastrophe of his whole life and fortunes Loans and Privy Seals Loans and Apprests were those which we call Privy Seals which though they were more moderate in shew yet being made against the good will of the parties were as injurous indeed as the other The Commons in Parliament Rot. pat 25. E. 3. num 16. 25. E 3. Num. 16. made a grievous complaint to the King against the use of them and prayed that none from thenceforth should be compelled to make Loans against their will and they gave this reason in their petition for that it is against reason and the franchise of the land and prayed that restitution might be made to those that have made such Loans To this the Kings rescript was It pleaseth our Lord the King it be so Lastly Benevolence Came in those kinde of exactions which were termed by the fair name of Benevolences but they became so odious as they gave the occasion of a good Law to be made against themselves and against all other shifts and devices by what new terms soever imposed upon the Subjects 1 R. 3. c. 2 the Law is 1 R. 3. cap. 2 and is thus The King remembring how the Commons of this his Realm by new and unlawful inventions and inordinate covetise against the Law of this Realm have been put to great servitude and important charges and exactions and especially by a new Imposition called a Benevolence enacteth by the advise c. that the Subjects and Commons of this Land from henceforth shall in no wise be charged by any such charges or impositions called the Benevolence nor by such like thing But if you will deny that the King doth in this case take the goods of his Subject without his assent then you must other fall upon mine alternative proposition That the Kings Patent hath in this case the power of a Law to alter property for how can he recover the imposed by a legal course of proceeding and by judgment in his Court but upon a title precedent him before the action brought which title must be a property in the same imposed and how commeth he by that property but by his own Letters Patents by which he declareth he will have that same as an imposition For the Judgment giveth not the right but onely doth manifest and declare it and giveth execution of it So in this point the question 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 transfer the property of his Subjects goods to himself without the assent of them for quod meum est sine facto meo alterius fieri non potest And if you give this power to the Kings Patent you subject the Law and take away
yearly so if 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 minde 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 twenty eighth 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 I will set down the very Text of it so much as is material to our purpose Prayen your Commons in this your present Parliament assembled to consider That where your Chancellor of your Realm of England 28. H. 6. Stat. de Resumpt in Turri Lond. not printed your Treasurer of England and many other Lords of your Council by your high commandment to your said Commons at your Parliament holden last at Westminster shewed and declared the State of this your Realm which was that ye were indebted 372000. l. which is grievous and that your livelihood in yearly value was but 5000 l. And forasmuch as this 5000 l. to your high and notable State to be kept and to pay your said debts will not suffice Therefore that your high Estate may be releived And furthermore it was declared That your expences necessary to your houshold without all other ordinary charge came to 24000 l. yearly which exceedeth every year in expence necessary over your livelihood 19000 l. Also pleaseth it your Highness to consider that the Commons of your said Realm be as well willing to their power for the releiving 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 houshould and other things in your said Realm and nought paid for 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 other 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 consideration 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 honours c. 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 recompence or retribution for it Thus then we have cleared this point that between 50. E. 3. and 4. Mariae 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 Woolls 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 40 s. made into Cloth paid but 4 s. 4 d. To recompence this by an indifferent equality there was set upon a Cloth 5 s. 6 d. which Imposition did not make up the loss sustained in the Custom of Wooll by 13 s. 4 d. in 40 s. This was Justum but not Juste This religious Prince invironed with infinite troubles in the Church and Commonwealth and much impoverished by her devotion in renouncing the profits of the Church-lands that were in the Crown by the suppression was the first that made digression from the steps of her worthy Progenitors in putting on that Imposition without assent of Parliament for that very consideration of the loss of Custom by turning of Wooll to Clothing came into treaty in the 24. year of E. 3. when the art of Clothing began first to be much practised in this Kingdom and then in the recompence of the loss so sustained in the decay of Custom of Woolls there was set upon a Cloth by Act of Parliament above the olde Custom 14 d. for a Denizen and for an Alien 21 d. This is recited in a Record in the Exchequer 48. E. 3. Rot. 2. R. Thes in origin But I pray you examine how this Imposition of Queen Mary was digested by the people We see in the case of my Lord Dier 1. Eliz. sol 165. That the Merchant found great greif at it and made exclamation and suit to Queen Elizabeth to be unburdened of it Orig. in Scac. 48. E. 3. Rot. 2. R. Thes 1. Eliz. dier so 165. The very reason of their grief expressed in that case is because it was not set on by Parliament but by the Queens absolute power So that was the ground of that complaint the very point of right This cause was referred to all the Judges to report whether the Qu. might set on this Imposition without assent of Parliament They divers times had conference about it but have not yet made report for the King which is an infallible presumption that their opinions were not for him for it is a certain rule among us that if a question concerning the Kings Prerogative or his profit be referred to the Judges if their opinions be for the King it will be speedily published and it were indiscretion to conceal it but if there be no publication then we make no doubt but that their opinions are either against the King or at least they stick and give none for him The same Queen Mary upon restraint of bringing in of French Commodities occasioned by the then wars with France set an Imposition upon Gascoyn Wines which continueth yet So the Kingdom of England by the injustice of that Prince was clogged with these two heavy Impositions contrary to the right of the Kingdom and the Acts of her Progenitors Queen Elizabeth set on that upon sweet Wines which grew also upon the occasion of the troubles with Spain That upon
such charge should ever be laid upon the people without their common consents as may appear by sundry Records of former times We therefore your Majesties most humble Commons assembled in Parliament following the example of this worthy care of our Ancestors and out of our duty to those for whom we serve finding that your Majesty without advice and consent of your Lords and Commons hath lately in time of peace set both greater Impositions and far more in number then any your noble Ancestors did ever in time of War do with all humility present this most just and necessary Petition unto your Majesty That all Impositions set without assent of Parliament may be quite abolished and taken away And that your Majesty likewise in imitation of your royal Progenitors will be pleased that a Law in your time and during this Session of Parliament may be also made to declare that all Impositions of any kinde set or to be set upon your people their Goods or Merchandizes save onely by common consent in Parliament are and shall be void Wherein your Majesty shall not onely give your Subjects great satisfaction in point of their Right but also bring exceeding joy and comfort to them who now suffer partly through the abating of the price of native Commondities and partly through the raising of all foreign to the overthrow of Merchants and Shipping the causing a general dearth and decay of all wealth among your people who will be thereby no less discourage then disabled to supply your Majesty when occasion shall require FINIS Books Printed or sold by William Leak at the sign of the Crown in Fleetstreet between the two Temple gates YOrks Heraldry Fol. A Bible of a very fair large Roman Letter 4. Orlando Furioso fol. Perkins on the Laws of England Wilkinsons Office of Sheriffs Parsons Law Mirror of Justice Topicks in the Laws of England Dellamans use of the Horizontal Quadrant Wilbeys second Set of Musick 3 4 5 and 6 parts Corderius in English Dr. Fulks Meteors with Observations Malthus Fire-works Nyes Gunnery and Fire-works Cato Major with Annotations Mel Heliconium by Alexander Ross Nosce te ipsum by Sir John Davis Animadversions on Lillys Grammer The History of Vienna and Paris The History of Lazarillo de Tormes the witty Spaniard Hero and Leander by George Chapman and Christopher Marlow The Posing of the Accidence Guilliams Heraldry fol. Herberts Travels fol. Man become guilty by John Francis Senalt and Englished by Henry Earl of Monmouth Aula Lucis or the house of light Christs Passion A Tragedy written by the most learned Hugo Grotius and Englished by Geo Sand. Mathematical Recreations with the general Horological Ringe and the double Horizontal Dyal by William Oughtre The Garden of Eden or an accurate description of Flowers and Fruit by Sir Hugh Plat. Solitary Devotions with man in glory by the most reverend and holy Father Anselm Arch-Bishop of Canterbury Book of Martyrs fol. Adams on Peter fol. Willet on Genesis and Exodus fol. Elton on the Colossians fol. The several opinions of sundry learned Antiquaries viz. Mr. Justice Doddridge Mr. Ager Francis Tate William Cambden and Joseph Holland touching the Antiquity Power Order State Manner persons and Proceedings of the high Court of Parliament in England The Idiot in four Book Exercitatio Scholastica The Life and Reign of Hen. 8. by the Lord Herbert France painted to the life the second Edition 8. Sken de signification verborum 4. The Fort Royal of Holy Scripture by J. H. the third Edition 8. Callis learned Readings on the Stat. 21. Hen. 8. chap. 5. of Shewers PLAYES Philaster The wedding The Holleder The Merchant of Venice The strange discovery Mails Tragedy King and no King Othello the Moor of Venice The grateful Servant FINIS