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A86390 The libertie of the subject against the pretended power of impositions. Maintained by an argument in Parliament an[o]. 7[o]. Jacobi Regis. / By William Hakevvil of Lincolns Inne Esq. Hakewill, William, 1574-1655. 1641 (1641) Wing H210; Thomason E170_2; ESTC R9193 77,405 152

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THE LIBERTIE OF THE Subject AGAINST THE PRETENDED POWER OF IMPOSITIONS Maintained by an Argument in Parliament Ano. 7o. JACOB 1 Regis By WILLIAM HAKEVVIL of Lincolns Inne Esq LONDON Printed by R. H. An. Dom. 1641. To the Reader BEing very sensible of a great Injury lately done mee by the extreme false printing of a smal Treatise of my Composing stoln out without my consent and hearing accidentally that some part of this also had passed the Presse I thought good for the preventing of the like wrong to stay the forwardnesse of the printer untill I had reviewed and corrected it by mine owne Notes For my part I should have been contented altogether to have restrained it if I might But now seeing it must abroad I shall not bee ashamed to let it beare my name and owne the errors of it my self those of the Presse excepted though heretofore it had gayned so much reputation by some as it was attributed to a worthier Author Some there are yet surviving that heard this Argument about thirty yeeres since in the commons-Commons-House of Parliament but it hath now extended it selfe beyond the probable proportion of a Speech or Argument by the insertion of many Records and Acts of Parliament more at large which at the delivery of it were but meerely quoted The Endeavour of it is to prove that the just Prerogative of our Kings never warranted them to raise monies at their pleasure by laying a charge on Merchandize to bee Exported or Imported without assent of Parliament But on the contrary the setled Lawes of the Land the Presidents of former Ages the Acts of our most necessitous and powerfull Princes and indeed every thing requisite to make the Truth apparent doe as it were unanimously consent to discharge us of this unjust and heavy Burthen And you shall see herein how the policy of active Princes hath by many waies attempted to undermine those Fortifications which the wisdom of our Ancestors hath raysed to maintaine themselves from this kinde of Assault You shall see with how great difficulty their prevailing was withstood And which is the glory of Truth you shall finde those designes which were laid to overthrow our Right mainly to make for the evidence and confirmation of it For whatever unjust Impositions were either exacted by a pretended lawfullnesse or set up by a commanding power were by complaint in Parliaments presently following taken down and remain on Record as witnesses against themselves unlawfull and against our Libertie These Reasons and Arguments of mine how meane soever those times wherein I urged them accepted favorably and since in their private passage in manuscripts were entertained in many judicious hands which made mee somwhat enlarge the conceit that before I had of them And now seeing necessitie enforceth mee to make them more publique I must adventure them to the censure of these nice times Beneficiall happily they may be to some prejudiciall I hope to none In which confidence having the leave of Authority they have likewise my leave to goe abroad Vale. W. H. The Contents 1 THat there was ever some Custome due to the King by the Common-Law folio 6. 2 That it was a sum certaine by the Common-Law folio 10. 3 That all the Revenues which the Common Law giveth to the King out of the interest of the Subject are certaine or reduceable to a certainty by some legall course and none left to the Kings pleasure folio 11. 4 The reasons why the Law requireth such certainty in those Revenues which the King hath out of the interest of the Subject folio 12. 5 Examples of Revenues given by the Common Law to the King out of the interest of the Subject and that they are all certaine folio 13. 6 Answer to an Objection that the King may lay Impositions upon extraordinary occasions folio 21. 7 Arguments drawne from the actions of our Kings that they had no power to impose folio 25. 8 Arguments drawn from the forbearance of our Kings to lay Impositions notwithstanding their urgent occasions folio 34. 9 The difference between the Presidents urged of Impositions laid by the antient Kings and those which are now laid folio 29. 10 A particular answer to the Imposition of 3d in the pound laid upon Merchant-strangers by Charta Mercatoria 31 Ed. 1. folio 42 43. 11 The urgent occasions which Ed 2. had to lay Impositions and yet how he forbore folio 48. 12 The severall policies used by Ed 3. for the introducing of the power of Imposing 1. Impositions taken by colour of a voluntary Grant from Merchants folio 49. 2 By way of dispensation wiih penall Lawes folio 59. 3 By way of Ordinance in Parliament folio 61. 4 By colour of a Loane by Merchants folio 64. 5 By Grants of Merchants for Liberties granted to them folio 65. 6 By expresse and direct commandement folio 66. with severall answeres to all these severall wayes 13 In what Statutes Impositions are mentioned after Edw. 3. time untill Qu. Maries and upon what occasions and how to be interpreted folio 73. 14 The signification of the words Imposition Toll Maletolt Custuma Consuetudo magna parva folio 73 103. 15 No Imposition laid from Edw. 3. time till Qu. Maries folio 78. 16 What urgent occasions all the Kings from Edw. 3. till Qu. Maries time had to lay Impositions and yet did it not Rich. 2. f. 79. Hen. 4. f. 82. Hen. 5. f. 84. Hen 6. f. 85. Edw. 4. f. 85. Hen. 7. f. 86. Hen 8. f. 89. Edw. 6 f 92. with a Corolary of all those times and occasions folio 92. 17 The Impositions laid by Q. Mary and how answered folio 93. 18 Admitting the Kings had power by the Common Law to lay Impositions yet how they are barred by Statutes folio 98. 19 Magna Charta cap. 30. urged against Impositions and the objection made against it answered 1 Objection That it extendeth onely to Merchant-strangers f. 100. 2 That it was made onely against Taxes within the Land f. 101. 3 That by the exception in the end of the Statute the Kings Prerogative is salved folio 111. 20 The Statute de Tallagio non concedendo urged with the answers to the objections made thereunto folio 113. The exposition of the words Tallage Ayde Subsidie folio 112 114. 21 The Statute of 25 Ed. 1. cap. 7. urged against Impositions and cleered from Objections 1 That it is against the excesse of Imposititions and not against the Right f. 115 116. 2 That it is onely a-against Impositions on Woolls folio 118. 22 The Statute of 14 Ed. 3. cap. 21. urged against Impositions and cleered from Objections 1 That it extendeth onely to Impositions within the Land and not upon merchandizes with an exposition of the word Charge folio 118 121. 23 Answers to the Reasons urged in maintenance of Impositions 1 That because it cannot appeare that the ancient Customes were set by Parliament therefore they were imposed by the King folio