Selected quad for the lemma: hand_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
hand_n	good_a	king_n	lord_n	7,040	5	3.9036	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96414	A learned and necessary argument to prove that each subject hath a propriety in his goods shewing also the extent of the kings prerogative in impositions upon the goods of merchants exported and imported out of and into this kingdome : together with a remonstrance presented to the Kings Most Excellent Majesty by the Honourable House of Commons in the Parliament holden anno dom. 1610, annoq[ue] regis Jacobi, 7 / by a late learned judge of this kingdome.	Whitelocke, James, Sir, 1570-1632.; England and Wales. Parliament. House of Commons.	1641 (1641)	Wing W1995aA; ESTC R42765	49,132	72

matter in question and therefore I will set it downe as I finde it Verbati●n in the record in the tower Ensement novelles customes sont levies ancients enhaunces come sur levies drapes vine aver du pcis aut choses purguoy les Merchants veynont pluis vilement meynes de bien menynont en la terre les Merchants estrangers de murront pluis longment que ils soloyent faier pur le quel demoure les choses sont le pluis enhaunces que ils ne Soloyent estre al dammage de roy de son people Nou● ordonomus que touts manners de male tolls levies puies de Coronement de Roy Ed. faier de Roy Henry 〈◊〉 ●●●irement oustes de tout estreints pur touts jours nient ●●●iristeant le Chartre que le dict Roy Ed. fist as Merchants aliens pur ceo que il fuit fait contra le grand Char. encountre le Franchise de la City de Londres sans assent de Baronage c. Savant neque dont al Roy le custome de leynes peulx de quirs c si aver les do et By this Law is recited that by the leving of new coustomes and by the raising of old traffique was destroyed and all things made deare And therefore all new impositions and customes were dscharged Chartâ mercatoriâ by which custome was encreased on aliens was taken away and the reason alledged Because it was sans assent de Baronage and against the great Charter And this is further which this clause Saving to the King his custome of wooll woll-fells and Lether Si aver les do et Great warres have been raised against the credit of this Law in the Parliament house and three things have been especially objected against it First that it is no Law for it was enforced upon the King by some of the nobility that were too strong for him the Realme being then in tumult and mutiny about the quarrell of Peirce of Gaveston so never had the Kings free consent but he gave way unto it for feare of greater mischiefe Secondly that in it selfe it is unjust as in taking away the custome granted to the King by Charta mercatoria 31. E. 1. and in making doubt whether the King should have the custome of wools c. by those words Saving it to him Si aner les do et The third objection is that if it were a Law it is repealed To these I give particular answers To the first that this statute was made both at the instance of the King and people with a purpose and intention on all parts to settle things in a stay and order both in the Kings house and Common-wealth the King and his nobles standing in good termes when this businesse was taken in hand and it was begun and ended with great solemnity and ceremony for the King in the third yeare of his reigne gave Commission under his great Seale to 32. Lords spirituall and temporall Com. 16. M●r. 3. E. 2. Rot. ordin 5. E. 2. of which there were eleven Bishops eight Earles and thirteene Barons they being as Committees of the higher House to devise ordinances for the good government of of his house and his Realme In which Commission he doth for the honour of God the good of him and of his Realme of his freewill graunt to the Prelates Earles and Barons and others elected by the whole Kingdome full power to ordaine the State of his house and Realme by such ordinances as by them should bee made to the honour of God the honour and profit of holy Church the honour of himselfe the profit of him and his people according to right and reason and the oath hee made at his Coronation These joyning with others of discreet Commons in Parliament and taking every of them a solemn oath for their sincere demeanor in the businesse did make this and other ordinances which were so well liked of by the King that after they were made hee took an oath to observe them Pullic 3. Kal. Oct. 5. E. 2. Rot ordin P●t 5. Oct. 5. E. 2. Rot. ordin and caused them to be published in Pauls Church-yard by the Bishop of Salisbury by denouncing excommunication against all that should wilfully infringe them And by his Letters Patents dated 5. Oct. 5. regni sui did send them through the Realme to be published and from thenceforth to be observed thereby signifying his great liking and approbation of them after which they had the force and power of Lawes given unto them in the Parliament in the fifth yeere of his raign The second obiection which is the injustnesse of the law instanced in two points the taking away of Charta mercatoria and the doubting of the Kings right to the custome of wolls woll-fells and Lether c. To the first of these I deny it to be unjust but to be according to the law of England and liberty of the Kingdome for that Charter did containe in it divers grants of things which were not in the power of the King to grant without assent of Parliament as the triall per medietatem linguae and other things tending to the alteration of the Law and burdening of the people and therefore that Charter never had his undoubted and setled force until it was confirmed by act of Parliament but lay asleep almost twenty yeers together without being put in execution between 5. E. 2. and 27. E. 3. when it was confirmed for the doubt that is supposed to be made in the statute of the Kings right to the custome of wooll wooll-fells and Lether I take it there is no such doubt made For the words Saving the kings right to the custome of woolls si aver les do et have this construction that is at such times as hee ought to have it so the word si hath the signification of quando for it had been a folly to have made a Saving of that of the right whereof they had doubted neither is it likely but that they would have taken it away if it had not been lawfull 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 challenge or exception to the lawfullnesse of it The third objection is That this Statute is repealed To this I plead Nullum vale recordum If it be repealed it must be by Act of Parliament for unumquodque dissoluitur i●sdem modis quibus est colligatum I and others have searched the Records of the Realme and endeavoured by all means to informe our selves of the truth herein and we can finde no Act of Parliament of repeale The truth is some Kings finding these Lawes not to sort to their wills and humours have endevoured to suppresse them but they didnever yet obtaine a repeale of them by Act of Parliament But it is further urged That although there were no formall repeale of the Law yet it was

A learned and necessary ARGUMENT To prove that each Subject hath a Propriety in his Goods Shewing also The extent of the Kings Prerogative in Impositions upon the Goods of Merchants exported and imported out of and into this Kingdome Together with a Remonstrance presented to the Kings most excellent Majesty by the honourable House of Commons in the Parliament holden Anno Dom. 1610. Annoque Regis Jacobi 7. By a late learned Judge of this Kingdome LONDON Printed by Richard Bishop for Iohn Burroughes and are to be sold by Richard Hassell Book-seller in Bristoll 1641. To the Courteous Reader THis excellent Treatise of the no lesse worthy Author happily falling into my hands I instantly thought it my duty to make that publick which had given so much usefull satisfaction to many learned and judicious in private remembring that ancient Adage Bonum quò communius eò praestantius I hope it is needlesse to commend either the Reverend Author deceased the Treatise its use or stile since the Authority by which it is published is a sufficient argument of their knowne worth If thou kindly accept his good meaning whose only ayme in the publishing hereof was the Common good it will be an encouragement to him and others to present to thy view what may hereafter fall into his hands worthy thy further perusall Thine I. B. 20. Maii 1641. AT a Committee appointed by the Honourable House of Commons for examination of Books and of the licencing and suppressing of them c. It is ordered that this Treatise be published in Print Sir EDWARD DERING Knight and Baronet A Remonstrance delivered to his Majestie in writing after the inhibition given by him to the Commons house of Parliament aswell by word of mouth as by letters not to proceed in the examining his right to impose without assent of PARLIAMENT To the Kings most excellent Majesty Most gracious Soveraigne WHereas we your Majesties most humble Subjects the Commons assembled in Parliament have received first by message and since by speech from your Majesty a command of restraint from debating in Parliament your Majesties right of imposing upon your subjects goods exported or imported out of or into this Realme yet allowing us to examine the greivance of these impositions in regard of quantity time and other Circumstances of disproportion thereto incident We your said humble Subjects nothing doubting but that your Majesty had no intent by that Command to infringe the ancient and fundamentall right of the Liberty of Parliament in point of exact discussing of all matters concerning them and their possessions goods and rights whatsoever which yet we cannot but conceive to be done in effect by this command doe with all humble duty make this Remonstrance unto your Majesty Frist we hold it an ancient generall and undoubted right of Parliament to debate freely all matters which doe properly concerne the subject and his right or estate which freedome of debate being once fore-closed the essence of the liberty of Parliament is withall dissolved And whereas in this case the subjects right on the one fide and your Majesties prerogative on the other cannot possibly bee severed in debate of either Wee alledge that your Majesties Prerogatives of that kinde concerning directly the subjects right and interest are daily handled and discussed in all Courts at Westminster and have been ever freely debated upon all fit occasions both in this and all other former Parlialiaments without restraint which being forbidden it is impossible for the subject either to know or to maintaine his right and propriety to his owne lands and goods though never so just and manifest It may further please your most excellent Majesty to understand that wee have no minde to impugne but a desire to informe our selves of your Highnesse Prorogative in that point which if ever is now most necessarie to be knowne and though it were to no other purpose yet to satisfie the generalitie of your Majesties Subjects who finding themselves much grieved by these new impositions doe languish in much sorrow and discomfort These reasons Dread Soveraigne being the proper reasons of Parliament doe plead for the upholding of this our ancient Right and Libertie Howbeit seeing it hath pleased your Majestie to insist upon that judgement in the Exchequer as being direction sufficient for us without further examination Upon great desire of leaving your Majesty unsatisfied in no one point of our intents and proceedings We professe touching that judgement that wee neither doe nor will take upon us to reverse it but our desire is to know the reasons whereupon the same was grounded and the rather for that a generall conceit is had That the reasons of that judgement may bee extended much further even to the utter ruine of the ancient liberty of this Kingdome and of your subjects right of proprietie to their goods and lands Then for the judgement it selfe being the first and last that ever was given in that kind for ought appearing unto us and being onely in one Case and against one man it can binde in law no other but that person and is also reversible by Writ of errour granted heretofore by act of Parliament And neither be nor any other subject is debarred by it from trying his right in the same or like case in any of your Majesties Courts of Record at Westminster Lastly we nothing doubt but our intended proceeding in a full examination of the right nature and measure of these new impositions if this restraint had not come betweene should have been so orderly and so moderately carried and employed to the manifold necessities of these times and given your Majesty so true a view of the state and right of your subjects that it would have been much to your Majesties content and satisfaction which wee most desire and removed all causes of feares and jealousies from the loyall hearts of your Subjects which is as it ought to bee our carefull endeavour whereas contrariwise in that other way directed by your Majestie wee cannot safely proceede without concluding for ever the right of the subject which without due examination thereof wee may not doe Wee therefore your loyall and dutifull Commons not swarving from the approved steps of our Ancestours most humbly and instantly beseech your gracious Majestie that without offence to the same we may according to the undoubted right and liberty of Parliament proceede in our intended course of a full examination of these new impositions That so wee may cheerefully passe on to your Majesties businesse from which this stop hath by diversion so long withheld us And we your Majesties most humble faithfull and loyall Subjects shall ever according to our bounden duty pray for your Majesties long and happy reigne over us The question is whether the King without assent of Parliament may set impositions upon the wares and goods of merchants exported and imported out of and into this Realme THree things have been debated in this Parliament that have much

words antiquum rectum in the statute in this writ are rectum debitum which doth more enforce a certainty of right and duty which by no meanes can be intended in impositions Objections against this law were made in the last argument First that it was made for Aliens this is true the words of the Law doe plainly shew it was made for Aliens but if the State was so carefull to provide for them shall we not judge that with Denizens it was so already and that this statute was made to extend that liberty by act of Parliament to Aliens which Denizens had by the Common law succeeding times did so conceive of it 2 E. 3. c. 9. as appeareth by the statute of 2. E. 3. cap. 9 the words are that all Merchants strangers and Princes may goe and come with their merchandizes in England after the tenor of the great Charter and that writs bee thereupon sent to all the Sheriffs in England and to Maiors and Bayliffs of good townes where need shall require A second objection was made in the last argument out of these words of the statute of M. Chart. that Merchants might freely traffique Nisi publicè antea prohibiti fuerint by which was enforced that the King had power to restraine and prohibit traffique therefore to impose It is agreed there may be a publick restraint of traffique upon respects of the common good of the kingdome but whether that which is called publica prohibitio in the statute be intended by the King alone or by act of Parliament is a question for such restraints have still beene by Parliament But admit the King may make a restraint of traffique in part for some publick respect of the common wealth he doth this in point of protection as trusted by the Common wealth to doe that which is for the publick good of the kingdome but if he use this trust to make a gaine and benefit by imposing that is a breach of the trust and a sale of government and protection But more of this shall be hereafter spoken in the answering of the maine objections The next law is that notable statute of E. 2● E. 1. c. 7. 1. in the 28 yeare of his reigne made upon the very point in question the words are these And forasmuch as the more part of the Commonaltie of this Realme finde themselves sore grieved with the male toll of Woolls that is to wit a toll of forty shillings for every sack of Wooll and have petitioned to us for to release the same Wee at their request have clearly released it and have granted for us and our heires that wee shall not take such things without their common consent and good will saving to us and our heires the customes of Woolls Skins and Leather granted before by the Commonalty aforesaid Against the application of this Law to the question now in hand many objections were made some out of matter precedent to the Law some out of the Law it selfe some out of matter subsequent and following after the Law For matter precedent The Walsingham in E. 1. fo 71.72.73 edit per W. Cam den impres Francofurti 1603. It was objected out of Tho. Walsingham an Historiograper of good credit that Writ of that time when the Satute was made That in the petition of grievances given to King E. 1. by the people in the 25. yeere of his raigne upon which petition the statute was made that they found themselves not grieved in point of right but in point of excesse the words are Communitas sentit se gravatam de vectigali lanarum quod nimis est onerosum viz. de quolibet sacco 40. s. de lanâ fractâ septem marcas So they expresse the cause of their griefe that it was too heavie which is to bee applyed to the point of excesse not of right To this I answer that if the words had been quia ost nimis onerosum this construction might have been made out of them because the word quia had induced a declaration of the cause of that which was formerly affirmed but the words are quod nimis onerosum which doth onely positively affirme that the imposition de facto was intolerable for the greatnesse of it which doth not therefore admit that it is tolerable in respect of the right the King had to impose But this is made cleare by the generall word precedent in the preamble of the petition which doth evidently inferre they grounded their complaint upon point of right not upon point of of excesse the words are these Tota terra communitas sentit se valdè gravatam quia non tractantur secundum leges consuetudines terrae secundum quas tractari antecessores sui solebant habere sed voluntariè excluduntur After which preamble among the particulars this of forty shillings upon a sack of Wooll is ranked but with a dependencie of that expressed in the preamble for the point of right But seeing wee light upon History which though it bee of small authority in a Law argument yet being the History of our owne Realme hath fit and proper use in the common counsell of the Realme Matth. Westm fo 430. Edit p●r H. Savile mil. Francofurti 1601. I will pursue it a little further Out of Matth. Westm a Writer that lived much nearer the time of the Law made then Thomas Walsingham he saith That the Commons by their petitions required Ne Rex de coetero tallagia usurparet voluntarias super his inductas exactiones de coetero quasi in irritum revocaret by which it appeareth that the point of the complaint was that the exactions layd on them were voluntary that is at the Kings will without assent of Parliament Out of the Law it selfe it hath much been pressed as first the Commons made petition to the King wherupon they inferre out of the nature of the word petition that their proceeding was by way of grievance for the excesse and inconvenience as a matter of grace not in course of justice for the wrong To this I answer that considering the qualitie of the parties to this action it being betweene the King and the subject duty and good manners doth induce gentlenesse and humilitie of termes without blemish or diminution of the force of right It is according to the demeanor of Iob Iob. 5.15 cap. 9. v. 15. Though I were just yet would I not answer but I would make supplication to my judge But in our formes of Law be the right of the subject never so cleare manifest and acknowledged by all yet if his own be detained from him by the King he hath no other writ or action to recover but a meere petition Supplicat celsitudini c. So as if the word petition to the King inferre defect of right in the petitioner there can be no case where the King can doe the subject wrong A second objection out of the body of the Law is that