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

Allome was none it was rather a Monopoly to Master Smith the Customer of London for the ingrossing of all Allomes into his own hands for which priviledge he gave a voluntary Imposition upon that Commodity It was like the priviledge granted to John Pechey of the sweet Wines by E. 3. for which the Patentee was called into the Parliament House 50. E. 3. and was there punished and his Patent taken away and cancelled What Impositions have been set on in the Kings time I need not express they are set down particularly in the Book of Rates that is in print they are not easily numbered The time for which they are raised is not short the Patent prefixed to that book bearing date 28 Julii 6 Jacobi will instruct you sufficiently in that point they be limited to the King his Heirs and Successors which I suppose is the first estate of Free simple of Impositions that ever man read of My eighth and last Observation is upon Tunnage and Poundage given to the King of this Realm upon Wares and Merchandizes exported and imported which is an Imposition by Act of Parliament and as it will appear was given out of the peoples good will as a very gratification to the King to enjoyn him thereby from the desire of voluntary Impositions and to conclude him by that gift in Parliament from attempting to take any other without assent of Parliament for after the ceasing of voluntary Impositions these Parliamentary ones were frequent in the times of the King that succeeded but they were never given but for years with express caution how the money should be bestowed As towards the defence of the Seas protection of Traffick or some such other publick causes Sometimes special sequestrators made by Act of Parliament by whose hands the money should be delivered as 5. R. 2. cap. 3. in a printed Statute 5. R. 2. Rot. Par. 7. R. 2. n. 13.10 R. 2. n. 12.7 R. 2. n. 12. The Rates that were given were very variable sometimes 2 s. Tunnage and 6 d. Poundage as 7. R. 2. 3 s. Tunnage and 12 d Poundage 10. R. 2. which grants were not to endure the longest of them above a year 18 d. Tunnage 6 d. Poundage in 17. R. 2. 3 s. Tunnage and 12 d. Poundage granted to H. 4. in the thirteenth year of his reign for a certain time in which Statute there is this clause That this aide in time to come should not be taken for an example to charge the Lords and Commons in manner of Subsidy unless it be by the wills of the Lords and Commons and that by a new grant to be made in full Parliament in time to come This clause in good and proper construction may be taken to be a very convention between the King and his people in Parliament that he should not from thenceforh nor any of his Successors set on Impositions without assent of Parliament The like Imposition was granted to H. 5. Rot. Par. 1. H. 5. n. 17. in the the first year of his reign for a short time towards the defence of the Realm and safeguard of the Sea upon condition expressed in the Act that the Merchants Denizens and strangers coming into the Realm with their Merchandizes should be well and honestly used and handled paying the said Subsidy as in the time of his Father and his noble Progenitors Kings of England without oppression or extortion In the end of which Act the Commons protested being bound by any grant in time to come for the purposes aforesaid H. 6. in the one and thirtieth year of his reign Rot. Par. 31. H. 6.12 E. 4. c. 3.6 H. 8. c. 12.1 E. 6. c. 13.1 Mar. c. 18.1 Eliz. c. 19.1 Jac. c. 33. had Tunnage and Pound age given him for his life E. 4. had it given him the third year of his reign as it appeareth in a Statute 12. E 4. cap. 3. H. 8. in the sixth year of his reign and all since in the first year of their reigns have had it given them for term of their life and being now so certainly setled do reach further at that from which they are in conscience and honor excluded by this voluntary gratification For can any man give me a reason why the people should give this Imposition of Tunnage and Poundage above the due Custom upon all Commodities if the King by his Prerogative might set on Impositions without assent of Parliament and were not that a weak action in a King to take that of his people as a benevolence from them with limitation of the same and in what it should be imploied and how they will be used for it and for what time he shall have it which he might justly take without their consents unclogged of these unpleasing incumbrances The Statute of Tunnage and Poundage made in our times that are altogether inclined to flattery do yet retain in them certain shews and rumors of those antient Liberties although indeed the substance be lost 1. Jac. c. 33. as in the Statute 1. Jac. cap 32. We declare that we trust and have sure confidence of his Majesties good will towards us in and for the keeping and sure defending of the Seas and that it will please his Highness that all Merchants as well Denizens as strangers coming into this Realm be well and honestly entreated and demeaned for such things whereof Subsidy is granted as they were in the time of the Kings Progenitors and Predecessors without oppression to them to be done By this clause as it now continueth the true intent of this Statute appeareth to be that there ought no other Imposition to be laid upon Merchants besides these given by this Statute and this intention hath been well interpreted by use and practice from the time of E. 3. to the time of Queen Mary as before is declared Thus much of this last reason made from observation and the action of our Nation I will answer now such main objections as have been made against the peoples right and have not been touched by me obiter in my passage through this discourse That which hath been most insisted upon is this that the King by his prerogative Royal hath the custody of the Havens and Ports of this Island being the very gates of this Kingdom that he in his royal function and office is onely trusted with the keys of these gates that he alone hath power to shut them and to open them when and to whom he in his Princely wisdom shall see good that by the Law of England he may restrain the persons of any from going out of the Land or from coming into it That he may of his own power and discretion prohibit exportation and importation of goods and Merchandizes and out of his prerogative and preheminence the power of imposing as being derivative doth arise and result for Cui quod majus est licet ei quod est minus licitum est So their reason briefly is

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

THE RIGHTS Of the People of England Concerning IMPOSITIONS Stated in a Learned Argument by Sir Henry Yelverton Knight and Baronet late one of the Justices of the Court of Common-pleas With a Remonstrance presented to the Kings most excellent Majesty by the Honorable House of Commons in the Parliament An. Dom. 1610. Annoque Regis Jac. 7. London Printed for William Leake and John Leake at the Crown in Fleetstreet betwixt the two Temple-Gates 1679. TO THE Courteous READER THis excellent Treatise of the no less worthy Author happily falling into my hands I instantly thought it my duty to make that publick which had given so much useful satisfaction to many learned and judicious in private remembring that antient Adage Bonum quò communius eò praestantius I hope it is needless 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 known worth If thou kindly accept of his good meaning whose onely aim 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 perusal Thine J. 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 Deering Kt. and Baronet ☞ There is lately come forth An exact Abridgment of the Records in the Tower of London from the reign of King Edward the Second unto Richard the Third of all the Parliaments holden in each Kings reign and the several Acts in every Parliament together with the Names and Titles of all the Dukes Marquesses Earls Viscounts and Barons summoned to every of the said Parliaments Collected by Sir Robert Cotton Knight and Baronet And are to be sold by William Leak at the Crown in Fleetstreet betwixt the two Temple gates A Remonstrance delivered to His Majesty 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 Sovereign 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 Realm yet allowing us to examine the grievance 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 antient and fundamental 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 do with all humble duty make this Remonstrance unto your Majesty First We hold it an antient general and undoubted right of Parliament to debate freely all matters which do properly concern the Subject and his right or estate which freedom of debate being once fore-closed the essence of the liberty of Parliament is withthal dissolved And whereas in this case the Subjects right on the one side and your Majesties Prerogatives on the other cannot possibly be severed in debate of either We 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 Parliaments without restraint which being forbidden it is impossible for the Subject either to know or to maintain his Right and Propriety to his own Lands and Goods though never so just and manifest It may further please your most excellent Majefty to understand that we have no minde to impugn but a desire to inform our selves of your Highness Prerogative in that point which if ever is now most necessary to be known and though it were to no other purpose yet to satisfie the generality of your Majesties Subjects who finding themselves much grieved by these new Impositions do languish in much sorrow and discomfort These Reasons Dread Sovereign being the proper Reasons of Parliament do plead for the upholding of this our antient Right and Liberty Howbeit seeing it hath pleased your Majesty to insist upon that Judgment 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 one of our intents and proceedings We profess touching that Judgement that we neither do 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 general conceit is had That the Reasons of that Judgement may be extended much further even to the utter ruine of the antient liberty of this Kingdom and of your Subjects Right of propriety to their Goods and Lands Then for the Judgment it self 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 error granted heretofore by Act of Parliament and neither he nor any other Subject is debarred by it from trying his Right in the same or like cafe 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 between should have been so orderly and so moderately carried and imployed 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 we most desire and removed all causes of fears and jealousies from the loyal hearts of your Subjects which is as it ought to be our careful endeavour Whereas contrariwise in that other way directed by your Majesty we cannot safely proceed without concluding for ever the right of the Subject which without due examination thereof we may not do We therefore your loyal and dutiful Commons not swerving from the approved steps of our Ancestors most humbly and instantly beseech your gracious Majesty that without offence to the same we may according to the undoubted Right and Liberty of Parliament proceed in our intended course of a full examination of these Impositions That so we may chearfully pass on to your Majesties business from which this stop hath by diversion

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