Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	begin_v	great_a	time_n	1,599	5	3.2122	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

upon the people unlesse they bee granted in Parliament The Kings answer is If any such impositions were made it was by great necessity and with the astent of the Prelates Barons and some of the Commons present yet hee will not that such Impositions not duly made bee drawne in consequence Here the King acknowledgeth an Imposition not to bee duly made though with the consent of the Higher House and some of the Commons because it was not in full Parliament much rather hee would have thought so if it had beene by the King alone King E. 4. that was a rough and warlike Prince and was more beholding to his sword in the recovery of his right to the Crowne then to the affection of the people at a Parliament held the seventh yeer of his reigne made a Speech to the Commons Sir Iohn Say being then Speaker in which speech is contained very notable matter and very pertinent to our purpose and because the Record is not in print I will set downe the Kings speech verbatim as it is entered upon the Parliament roll and then I will make a paraphrase upon it Iohn Say Rot. parl 7. E. 4. The record begins Memorandum● quod die veneru 3. die Parl. and ye Sirs come to this my Court of Parliament for the Commons of this my Realme The cause why I have cald and summoned this my present Parliament is that I purpose to live upon mine owne and not to charge my subjects but in great and urgent causes concerning more the Weale of themselves and also the defence of them and of this my Realme rather than mine owne pleasure as heretofore by Commons of this Land hath beene done and borne unto my progenitours in time of need wherein I trust that yee Sirs and all the Commons of this my Land will bee as tender and kinde unto mee in such cases as heretofore any Commons have beene to any of my progenitours And for the good will kindenesse and true hearts that yee have borne continued and shewed to mee at all times heretofore I thanke you as heartily as I can also I trust yee will continue in time comming for which by the grace of God I shall bee to you as good and gracious a King and reigne as righteously upon you as ever did any of my progenitours upon Commons of this my Realme in dayes past and shall also in time of need apply my person for the Weale and defence of you and of this my Realme not sparing my body nor life for any jeopardy that might happen to the same Out of this wee may observe first the Kings Protestation to live of his owne and not to charge his subjects by which I gather hee did acknowledge a certain and distinct property of that which was his subjects from that which was his owne which excludeth the right to impose at his will for if that be admitted the subjects property is proprietas pr●caria not certaine how much of his is his owne for that is his which the King will leave him for there is no limit or restraint of the quantity the right being admitted but onely the Kings will The second thing I observe is this that in charging of his subjects he would confine himselfe betweene these two bounds the one it should bee in great and urgent causes concerning more the Weale of them and the defence of them and his Realme that his owne pleasure wherein he condemneth those occasions that grew upon excesse of private expence by over great bounty or otherwise and admitteth onely such as grow by reason of warres or other such like publique causes concerning the whole State the other bound or limit is that those burdens should bee secundum morem majorum as heretofore had beene done and borne by the Commons to his ancestours in time of need The third thing I observe is that hee acknowledged these burdens did proceed out of their good will and kindenesse and not out of his right and prerogative out of these words that hee trusted they would bee as tender and kinde to him in such cases as heretofore any Commons had beene to his progenitours And lastly wee may note the recompence promised by the King to his subjects for their good wils and kindenesse his goodnesse and grace his just and righteous government the jeopardy of his body and life for their Weale and defence Did this King assume to himselfe a ●ight to lay burdens on his subjects at his owne will without their assents that offered to buy them at his need with the price of his blood the most sacred relique in the Kingdome My fourth observation is that in all petitions exhibited by the Commons in Parliament against Impositions the very knot of their griefe and the principall cause of their complaint hath beene expressed in those petitions that the impositions have beene without assent of Parliament by which is necessarily inferred that their griefe was in point of right not of burden In 11. Rot. parl 21. E. 3. nu 11. E. 3. nu 11. the complaint of the Imposition of two shilling upon a sacke of wooll two shillings upon a tonne of wine sixe pence upon aver de pois the cause of grievance expressed because it was done Sans assent de Commons 25 E. R. Parl. 25. E. 3. n. 22. 3. n. 22. In a petition the Commons complaine that an imposition upon wools was set by the consent of the merchants they pray that Commissions bee not made upon such singular grants if they bee not in full Parliament and if any such grants bee made they may bee held as void 17 E. 3. n. 28. R. Parl. 17. E. 3. n. 28. The Commons in their petition informe the King it is against reason they should be charged with impositions set on by assent of merchants and not in Parliament My fifth observation is that whensoever any petition was exhibited against impositions there was never any respect had of the quantity but they were ever intirely abated as well where they were small as where they were great no request ever made to make them lesse when they were great nor excuse made of their ease when they were exceeding small which sheweth that it was not the point of burden or excesse was respected in their complaint but the point of meere right 25. E. 3. nu 22. R. Parl. 25. E. 3. nu 22. Fourty shillings set an imposition upon a sacke of wooll upon complaint all taken off and no suit to be eased of part because it was too great 36. E. 3. nu 26. ibid. 38. E. 3. nu 26. Three shillings and four pence upon a sacke of wooll all taken off and no excuse made for the smalnesse for 21. E. 3. nu 11. two shillings a sacke 21. E. 3. n. 11. two shillings tonnage and six pence poundage 50. E 3. nu 163. R. Parl. 50. E. 3. nu 163. A great complaint was made in Parliament by

the Commons that an imposition of a peny was set upon wools for Tronage over and above the ancient due which was but a peny and so the subject was charged with two pence Also that a peny was exacted for Mesonage which was but an halfepeny which Impositions the Record doth expresse 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 smalnesse of it My sixth observation is that those which have advised the setting on of impositions without assent of Parliament have beene accused in Parliament for giving 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 hee had procured to bee set upon wooll wooll-fells and other merchandises new impositions to wit upon a sacke of wooll eleaven shillings which the L. La●imer sought to excuse because hee had the consent and good liking of the merchants first But judgement 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 Councell and this procuring of impositions to bee set on without assent of Parliament is expresly set downe in the entry of the judgement for one of the causes of his censure Richard Lyons a Fermor of the Customes in London the same yeere was accused in Parliament for the same offence Rot. parl 50. E. 3. n. 17 18 19 20. he pleaded hee 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 seifed into the Kings hand and at the last the hate against these authours of impositions grew so that 50. E. 3. in the same Parliament a petition was exhibited in Parliament to make this a capitall offence the Record is very short and therefore I will set it downe verbatim Item prie le dit Common que foit ordaine per statute en cest present parliament de touts ceux qux cy en avant mittont on font pur lour singuler profit novels impositions per lour authoritie demesn accrocheants al eux eny ul power de riens que soit establi en parliament sans assent de parliament que ils eyent judgement de vie member de forisfacture To this rough petition the King gave a milde and temperate answer Courge la Common ley come estoit al avant use My seventh observation is the cessation betweene 50. E. 3. after this censure in Parliament and 4. Mariae almost two hundred yeeres 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 raigned in that time but had impositions granted him upon fit occasion by Act of Parliament upon all goods and merchandiles and at divers times during their Reignes sometimes more sometimes lesse upon the tonne and pound but ever for a time certaine and definite so the use of them was not given over but the power of imposing was so clearly and undoubtedly held to bee in the Parliament as no King went about to practise 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 Crowne by double Custome paid for all merchandises both in England and at Castis by reason of an Act of Parliament made 8. H. 4. which was that no goods should bee carried out of the Realme but to Calles and by reason that the merchants paid Custome both there and here for the same goods that in the seven and twentieth yeere of Henry the sixth the Custome of Callis was 68000. pounds the yeere a great summe if you consider the weight of money then what price it bare and by reason hereof Princes not delighting to charge their munnuting 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 bee some probable colour of the forbearance of imposing but I find it to be quite contrary and that by Record for there was no such restramt of all commodities not to bee transported to any place but Callis but onely wools wool-fells leather tinne and lead that were staple wares which by the stature 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. ● but there was no double Custome paid both here and there by the same owner but the yeerly profits of the Customes of Callais at those tiems were so farre short of that which hath beene alleaged in 27. H. 6. that it appeareth in an Act of Parliament 27. 27. H. 3. ca. 2. H. 6. cap. 2. printed in the booke at large that the Commons doe complaine that whereas in the time of E. 3. the Custome of Callais was 68000. l. per annum at that time which was 27. H. 6. by reason of the ill usage of merchants it was fallen to bee but 12000. pounds the yeere so then there was great cause in that respect to have set on impositions by reason of that great abatement of Customes and yet it was not then offered to bee done without assent of Parliament But if you looke 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 Chancellour and Treasurer who demanded reliefe of the people for the King both for payment of his debts and for his yeerly livelihood 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 was more than his yeerly revenue by 19000. pounds yeerly so if ever there was cause to put a King to his shifts it was then yet wee 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 alleaged why they were not able to reteine the King gave this for one that they had so often granted him tonnage and poundage upon merchandises

carry his Merchandise where it pleased him notwithstanding any Charter granted or judgment thereupon 16. 〈◊〉 Re● 1. And in the Parliament rolles 2. H. 4. num 109. we finde a notable record which gives warrant for the proceeding in Parliament in this manner as hath been in this Case notwithstanding the judgement in the Exchequer and declares to the Kingdome that notwithstanding the great wonder made by some men nothing hath been done in this businesse by those that serve in the Parliament but in imitation of their worthy predecessors in the very like case In the second yeere of H. 4. the Commons shew that in the time of R. 2. by the meanes of John Waltham Bishop of Salisbury Treasurer of England wrongfully without authority of Parliament and by reason of a judgement given in the Exchequer 16. 17. R. 2. by the Barons there against certaine Merchants of Bristow and other places passage had been taken for wines otherwise than in ancient times had been and therefore they prayed they might pay their prise wines in the manner they had used to pay notwithstanding any judgement given in the Exchequer or other ordinance made by the said Treasurer contrary to the ancient usage which petition the King granted and the judgement thereupon became voyde and the prisage wine hath been paid contrary to the judgement ever since In 1. 1. El. Dier 165. El. Dier 165. upon the complaint made by the Merchants of the impositions set upon cloth by Queene Mary by her absolute power without assent of Parliament the cause was thought too weighty to bee decided in any one Court but as it appeareth in the book it was referred to all the Judges of England who divers times had conference about it So it may well be there is nothing against it in our yeere books for there is nothing of it Another objection was this which was made in the last argument viz. That Custome is originally due by the common Law of England It can then have no other ground or cause but meerly by the Kings royall prerogative as a right and duty originally belonging to his Crowne which if it be it must necessarily follow he may impose for that is but the exercising of that right To prove this was alledged the case 39. 39 E. 3.13 E. 3.13 by which case it appeareth that King Iohn had a custome of eight pence on a tonn of wine in the part of South-hampton but the book doth not tell you that the King had it by prerogative and he might have it aswell otherwise as by prescription or convention which shall rather be intended by reason of the certainty of the summe paied for if it were by prerogative he might take sometimes more sometimes lesse at his will the right being indefinite and the quantity limitted onely by his owne Discretion 18. El Dier 352. A common person may have such a custome certaine as 18. El. Dier 352. the Maior of London hath the twentieth part of salt brought into the City by Aliens which is a great imposition but is good by prescription originally and hath received greater strength since by acts of Parliament made for the confirmation of the liberties and customes of the City of London So it appeareth Dier 43. that Iohn of Britaine had Custome of the ships that arrived at his port of little Yarmouth worth twenty pounds per an And these instances doe inferre that a Custome may bee otherwise then by prerogative and therefore it is no good argument to conclude the King had such a custome Therefore he had it by prerogative The booke in 30. H. 8. Dier 43. 30. Hen. 8. Dier 43. was much pressed on this point which sayeth that custome belonged to the King at Common Law and doth instance in wooll woll fells and leather begun at the Common Law but abridged by the Satute of 14. E. 3. ca. 21. stat 1. 14. Ed. 3. c. 21. statn r. but this appeareth to be a great errour and mistaking in the booke for we doe finde that that custome of woolls wooll-fells and Leather was begun by a grant in Parliament as appeareth in statute 15. E. 1. ca. 7. the words be Granted to us by the Commonalty aforesaid and the last mention before was that the King had granted to the Bishops Earles Barons and all the Commonalty of land c. Novem. 3. Ed. 1. the King recited in his letters patents That Prelati magnates actota Communitas mercatorum Regni granted this new custome And so the ground and motive of that opinion being false all grounded upon that must needs be erroneous It was objected that the King holdeth at this day the encrease of foure pence in the pound over due custome payd by Merchants Aliens according to the purport of the Charta mercatoria 31. E. 1. Rot. char 31. E. 1. nu 44. in Turri by meere right of prerogative at the Common Law for by that grant of the Merchants he cannot hold it they being no body politick at the time of the grant and therefore the grant is meerely voyd to binde in succession And yet the Merchants Aliens doe pay it at this day It is agreed that by the Common-law a contract with a number not incorporate bindeth not succession but we must take notice that they by whom that grant was made of the augmentation of Custome by three-pence in the pound and other encreases 31. E. 1. were Merchants aliens who by the law of Merchants and Nations may contract to binde their successours in matters of traffique for their contracts are not ruled by the Common law of the Land but by the law of Nations per ●egem Mercatoriam as the book case is 13. Ed. 4.10 and there was a good consideration given them by the King for this encrease of custome as discharge of prise Wines for two shillings the Tonn and other immunities which all Merchants aliens hold and enjoy at this day by force of that contract made 31. E. 1. For a stranger payeth now but two shillings the Tonn for prisage whereas it standeth an English man in much more so as the rule of commutative justice maketh the contract availeable to the King against the Merchants because he parteth with part of his prisage to the Merchant and maketh it availeable to the Merchant against the King because he giveth him encrease of custome above that is due by law 27. E. 3. c 26 But the statute of 27. E. 3. cap. 26. heretofore cited doth make this point cleare without scruple which confirmeth the Charter of 31. E. 1. entirely and by that the encrease of custome 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 custome by Prerogative you goe directly against his meaning for it appeareth by that which presently followed this grant that the King took this encrease of

by which it appeareth hee tooke nothing of merchants by imposition without grant for if he had no doubt they would not have stucke to have put him in minde of it But I pray consider what became of this motion of the Chancellour and Treasurer the proposition had depended in Parliament many yeeres the effect was the people intreated the King to resume all grants he had made from the beginning of his Raigne untill that time being the twenty eight yeare of his raigne excepting such as were made upon consideration valuable that he might so enable himselfe by that meane by which he had impoverished himselfe and the whole Kingdome This tooke effect and the Statute of Resumptions was thereupon made the same yeare which Record because it is not in print and declareth these things with great gravity and authority I will set downe the very text of it so much as is materiall to our purpose Prayen your Commons in this your present Parliament assembled to consider 28. H. 6. Stat. de Resump inturri Lond. not printed That where your Chancellor of your Realme of England your Treasurer of England and many other Lords of your Councell by your high Commandement 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 yearely 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 relieved And furthermore it was declared that your expences necessary to your houshold without al other ordinary charge came to 24000. l. yearely which exceedeth every yeare in expence necessary over your livelihood 19000. l. Also pleaseth it your highnesse to consider that the Commons of your said Realme be as well willing to their power for the releeving of your Highnesse as ever was people to any King of your Progenitors that ever raigned in your said Realme of England but your said Commons been so impoverished what by taking victuall to your houshold and other things in your said Realme 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 graunt of Subsidie upon Woolls and other graunts to your Highnesse and for lack of execution of justice that your said poore Commons be full nigh destroyed and if it should continue longer in such great charge it could not in any wise be had ne borne wherefore pleaseth it your Highnesse the premisses graciously to consider and that ye by the advice and assent of your Lords Spirituall and Temporall and by the authority of this your present Parliament for the consideration of your high Estate and in comfort and ease of your poore Commons would take resume seise and retaine in your hands and possession all honours c. This was very plaine dealing by the people with their King and this is the successe of the demaund of supply and support had in those daies being required in point of gratification without any recompence or retribution for it Thus then wee have cleared this point that betweene 50. E. 3. and 4. Mariae there was not one imposition fet without assent of Parliament Queene Mary in the fourth yeare of her raigne upon the wars with France set an Imposition upon Clothes for this consideration that the custome of Woolls was decayed by reason for the most past they were made into Clothes which affoorded little custome for that which in Wooll paid for custome and subsidie 40. s. made into Cloath paid but 4. s. 4. d. To recompence this by an indifferent equality there was set upon a Cloath 5. s. 6. d. which imposition did not make up the losse sustained in the custome of Wooll by 13. s. 4. d. in 40. s. This was Iustum but not Iustè This religious Prince invironed with infinite troubles in the Church and Common-wealth and much impoverished by her devotion in renouncing the profits of the Church lands that were in the Crowne by the suppression was the first that made digression from the steps of her worthy Progenitors in putting on that imposition without assent of Pasliament for that very consideration of the losse of custome by turning of Wooll to Clothing came into treatie in the 24. yeare of E. 3. when the art of clothing began first to be much practised in this Kingdome and then in the recompence of the losse so sustained in the decay of custome of Woolls there was set upon a Cloath by act of Parliament above the olde custome 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. 〈◊〉 origin Orig. in Scacc. 48. E. 3. Ro. 2. R. Thes 1. El. Dyer so 165. But I pray you examine how this imposition of Queen Mary was digested by the people We see in the Case in my Lord Dier 1. Eli. fo 165. that the Merchant found great griefe at it and made exclamation and suit to Q. Eliz. to be unburdened of it The very reason of their griefe expressed in that case is because it was not set on by Parliament but by the Queenes 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 Queene might set on this imposition without assent of Pailiament 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 bee speedily published and it were indiscretion to conceale 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 Queene Mary upon restraint of bringing in of French commodities occasioned by the then wars with France set an imposition upon Gascoigne Wines which continueth yet So the kingdome of England by the injustice of that Prince was clogged with those two heavy impositions contrary to the right of the Kingdome and the acts of her Progenitors Queene Elizabeth set on that upon sweet Wines which grew also upon the occasion of the troubles with Spaine That upon Allome was none it was rather a Monopolie to Master Smith the Customer of London for the ingrossing of all Allomes into his owne hands for which priviledge he gave a voluntary imposition upon that commodity It was like the priviledge granted to Iohn Pechey of the sweet Wines by E. 3. for which the Patentee was called into the Parliament house 50. E. 3. and was