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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	history_n	time_n	year_n	3,198	5	4.9573	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

of 52. Hen. 3. this title Consuetudo Mercandizorum and by divers other Records of Hen. 3. times the Rolls and Records of the beginning of Ed. 1 doe likewise prove the same very evidently Insomuch that not onely that which in this kinde belongs to the King by the Common Law and by ancient prescription was called Consuetudo but in later time if any increase were of that dutie though it came not by prescription but by grant in Parliament or otherwise yet it still retained the name Consuetudo which by continuance of time came to be the proper name to that kinde of dutie howsoever it began And therefore in 3. Ed. 1. you shall finde that after the old custome of Woolls was increased to a demy-Marke by Act of Parliament yet the word consuetudo was neverthelesse still retained but with an addition For it was then called nova consuetudo Nay though the increase were by the Kings absolute authoritie and upon the matter a meere Imposition Yet the King in his Commission did alwayes call it consuetudo as in 16. Ed. 1. the Imposition of Foure Shillings upon a Tun of Wine is in the Kings Commission to collect it called consuetudo Neverthelesse I assure my self the people called it by some worse name as Maletolt or the like The severall applications of this word Consuetudo to all duties whatsoever belonging to the Crowne by reason of Trade is the reason as I conceive that the word is used in the plurall number in the Statute of Magna Charta per antiquas certas consuetudines that so they might bee secure against all unjust exactions upon Merchandizes whatsoever but as I have said the principall scope was to provide against Impositions and by reason also that the word Consuetudo was taken as well for Impositions as for rightfull Customes therefore to make all sure they insert the words antiquas rectas This word Consuetudo in this sense continued till about the twentieth yeere of Ed. 1. after which time I cannot call to minde that I have seene it upon any Record In stead and place thereof came in the word Custuma which I find first in Charta Mercatoria an 31. Ed. 1. where the increase of Custome by the grant of Merchant-strangers is called parva custuma that which before was called nova Consuetudo doth now begin to lose that name and to bee called magna Custuma which termes of magna Custuma intending thereby that increase made by Parliament anno 3. Ed. 1. upon the three staple commodities Wools Wooll-fells and Lether And parva Custuma intending thereby the increase granted by the Merchants-strangers an 31 Ed. 1. Custums are the termes used at this day by the Customers and by which they distinguish their entries This word Custuma I finde to have been also promiscuously used by E. 1. E. 2. and E. 3. in their Commissions and applyed as well to increase of Custome by way of Imposition or by acts of Parliament of those times as to ancient custome upon the Staple commodities but regularly none ought to be called Custuma but that which is due upon the Staple commodities and so is it used at this day except only cloath for if it bee laid by act of Parliament it is called a Subsidie if without assent of Parliament Impost You see in what sense the words malum Tolnetum and the word Consuetudo have been used in former times and are thereby able to judge how they ought to be understood in this present Statute which as I have said ought to have the most benign interpretation that the words may beare But it hath beene likewise objected that in this Statute there is a speciall clause of exception which leaveth the king at his liberty to lay what impositions he pleaseth The third objection against Magna Charta cap. 30. that by the Exception the Kings prerogative to lay Impositions is salved answered this Statute notwithstanding and that is the words in the beginning of the Statute All Merchants if they were not openly prohibited before shall have their passage c. which implies say they that if they be prohibited which rests wholly in the kings power then they are not to have benefit of this Stat. touching the freedome from impositions and they say farther that the very laying of impositions doth imply a restraint sub modo Though I purpose to speake more fully in answere of this objection when I come to shew you the weaknesse of the reasons alledged for Impositions yet I cannot forbeare in this place to speake a word or two in answere thereof having the Statute now before us Except they be prohibited they shall have free passage saith the Statute without paying Evill-toll This doth imply say they that if they be prohibited they may be compelled to pay Impositions but that cannot be necessarily concluded it implies indeede somewhat strongly that they may bee prohibited The Statute of 1 R. 2. cap. 12. inhibiteth the warden of the Fleete to deliver any prisoner out of execution unlesse it bee by writ or other commandment of the king It may be as strongly implied out of this Statute that the king may by his commandment without writ 4 5 P. M. fo 162. b. Dyer deliver a prisoner out of execution but the contrary hath alwaies been held The same objection is made and the same answere may be given to another exception in the latter end of this branch Except in the time of war I come to the second Statute against Impositions The second Statute against Impositions the Statute De Tallagio non cōcedendo expounded and cleered which is the Statute de Tallagio non concedendo touching the time of the making of which there is great variety of opinion for it is not for ought I could ever learne found any where upon Record Justice Rastall accounts it to have beene made 51 of H. 3. and with him agrees an old manuscript which I have seen It may well bee for in one of the Statutes you shall finde a pardon to Humfrey Earle of Boham Earle of Hertford and Essex Constable of England and to Roger Bygott Earle of Norfolke and Suffolk marshall of England who both lived in that time Tho. of Walsingham in his history of England saith it was made in the 25 yeere of Ed. 1. hee reciteth the Statute de verbo in verbum as it is in our printed bookes otherwise I should have thought he had meant another Statute against Impositions made indeede 25 Ed. 1 and found upon the Records of that yeere in our printed Statutes at large it is placed last of all the Statutes of E. 1. Though there be some disagreement about the time of the making of this Statute yet they all agree the occasion to be the laying of a great imposition upon Wool the words of Tho. Walsingham Auxit Rex tributum Lanae ad 40s. cum prius ultra dimidiam mercam non daretur tota autem comunitas

yeelded to in Parliament and granted for three yeeres made a conditionall petition that if any Imposition be laid upon Woolls Wooll-fells or Leather more then the Subsidie granted in Parliament that it may be taken away the King answereth That if any be laid since the Statute it shall be taken away and then follows the printed Statute An. 45. Ed. 3. cap. 4. That no Impositions be laid upon Woolls wooll-fells or Leather which is the first place where I finde Impositions named in our printed Books I finde them first named upon my Latine Record 12. Ed. 3. in the Kings Letter to the Archbishop and first upon any Record in French not printed An. 21. Ed. 3. Num. 16. Ro. Parliament But to proceed about a yeere following this Parliament of 45. neere which time the Subsidie granted An. 43. 46. Ed. 3. Nu. 10. Ro. Parl. for three yeeres was expired there was another Subsidie of Forty three shillings foure pence upon a sack of wooll as much upon Twelve score Wooll-fells and Five pounds upon a Last of Leather above the ancient customes granted in Parliament for the maintainance of the warre in Guyen to endure for two yeers For which the King likewise gave thanks The next yeer following the Subsidie granted the last Parliament 46. Ed. 3. Nu. 12 Ro. Parl. was continued from Michaelmas for a yeere without any condition and for the next yeere upon condition amongst other things That no Imposition be laid during the two yeeres 48. E. 3. Ro. 2. Orig. de Scac. and that the money levied be imployed upon the warres In the next yeere following the King took as by the grant of Merchants upon a sack of Wooll of Denizens Fifty shillings and of strangers foure Marks upon 240. Wooll-fells of Denizens Fifty shillings and of Strangers Foure Marks and upon every Last of Leather of Denizens Five pounds and of Strangers Eight Marks Though this Record pretendeth nothing but the grant of Merchants yet it is upon the matter no other then a dispensation for so much money For at this time the passage was not open other then to Callice where the staple then was as may appeare by the two Records of 38. Ed. 3. Ro. Parl. 50. Ed. 3. Num. 24. And yet you may see how hatefull even these Impositions by way of Dispensation which are farre more tollerable then our present Impositions were in those dayes For within two yeeres following one Richard Lions 3 5●… 1●…●… Farmer of the Customes amongst other things laid to his charge was accused in Parliament for setting or procuring to be set new impositions not shewing of what nature without assent of Parliament and was adjudged to forfeit his Goods and Lands 50 E. 3. N. Ro. Parl. but more particularly the Lord Latymer Lord Chamberlaine of England was expresly accused that he combined with Richard Lions and others who for their own profit had procured and Counselled the King to grant many Licences for the transporting of great quantities of Wooll beyond the Seas other then to the Staple at Callice against divers Ordinances and Commandements to the contrary and had put upon Wools and Wool-fells new impositions Here you see that the device of Dispensations for money had the name of an Imposition in those dayes though indeed it be not in its nature a meere imposition or at least not such a one as those are which we complain of But such as it was you see how from time to time it hath beene condemned and how it is reckoned up amongst the most hainous faults of those two great offenders who though perhaps they were condemned also for other offences yet the laying of these to their charge did shew the great hate generally conceived against impositions of this kinde I might here further adde in proofe of the invalidity of these Dispensations that certain Merchants having obtained some of these and having also the advantage of the Kings Proclamation to dispense with the Statute which restrained their passage yet they never thought themselves secure from ths punishment of the Statute till they were provided for by Act of Parliament as may appeare by a Statute printed anno 35 Ed. 3. cap. 21. To alledge therefore any of this kind thereby to prove the lawfulnes of ours cannot but argue a weak cause For first as I have said there is farre more reason and colour for these then for ours for in this case no man was compelled to pay that did it not to avoide a greater mischeife for by paying the Imposition he was free from a grieveous punishment for breach of a penall Law which restrained his passage whereas in our case a charge is laid upon him for exercising his lawfull Trade where no Statute Law or Common Law is to the contrary but rather both the one and the other make for him But it may bee here objected that the King may Lawfully restraine the breach of which restraint is a contempt and against Law and that to impose doth imply a restraint upon a penalty Suppose it were so yet if in case where the restraint is not onely by the King but the whole Estate assembled in Parliament for some urgent cause it be unlawfull to give License for money as you perceive it is how much more is it so where the restraint is for no other purpose then to raise an imposition as in our case but of this more largely hereafter Another devise of raising impositions without assent of the Commons in Parliament Impositions raised by way of Ordinance in Parliament practised by Ed. 3. was by way of Ordinance which indeed is in the next degree of strength unto a Statute For it is a Constitution made by the king himselfe and all the Prelates Earls and Barons not at the Counsell Table or in the Kings Chamber but sitting solemnly in Parliament and hath also the like solemnity of inrolement that a Statute hath onely it is enrolled in a Roll by it selfe which hath the name of the Roll of the Ordinances But the only essentiall difference between this and an Act of Parliament is that this hath not the assent of the Commons Some Ordinances have had that estimation amongst us that they have at this day the force of Statutes as the Ordinance of Merton made 20 Hen. 3. which though it were no other then an Ordinance made by the King the Prelates Earls and Barons without assent of the Commons yet hath it by continuance of time gotten not onely the strength but the name also of a Statute There be some others of this by nature and we finde it usuall that the names of Statutes and Ordinances have been Indifferently and confusedly used to expresse the one or the other So as there was not any other more probable devise or invention to have brought the people under the yoake of Imposition without their own assent then was this by the way of Ordinance Nay to adde yet a further strength to