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A91168 A declaration and protestation against the illegal, detestable, oft-condemned, new tax and extortion of excise in general; and for hops (a native incertain commodity) in particular. By William Prynne of Swainswick, Esq; Prynne, William, 1600-1669. 1654 (1654) Wing P3936; Thomason E813_16; ESTC R203225 23,096 31

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the next prescribed Fast by those in power might be only this which God here requires and that it might be so sincerely really effectually performed by the Prescribers of it that God himself and all the three Nations may joyntly attest of them That they are just ruling in the fear of God On Tuesday the 26 of September last 1654. there was this Ticket left at my house at Swainswick directed to no particular person named in it or indorsed on it You are to appear at the Grey-hound in Bath on Tuesday next by ten of the Clock in the fore-noon to make entry of what quantity of HOPS YOV HAD GROWING THIS PRESENT YEAR AND TO PAY THE DVTY OF EXCISE FOR THE SAME 25 September 1654. Thomas Peeres Sub-collector Hereupon repairing to the Lecture at Bath the next morning and carrying with mee this Ticket and such Parliamentary Judgments and Declarations against Excise as are hereafter specified which I drew up in writing as here I present them to the publique I sent for the Sub-collector to the Inn where the Ordinary for the Lecture is kept before the Sermon began who repairing to me thither I shewed him the Ticket in a friendly manner which he owned and then informed him it was erronious and voyd in Law because directed to no particular person by name in respect of form which he confessed saying it was his mans mistake who had order to set the parties names to every severall Ticket he delivered at their houses I acquainted him that this being but a circumstance the end why I sent for him was to be satisfied by him touching the substance of his Warrant and that was to make entry of what quantity of Hops I had growing this present year and to pay the Duty of Excise for them For although I was a Lawyer and knew what Duties were by Law to be paid by my self and others yet I neither knew nor understood that EXCISE in generall much less for Hops in speciall was a duty and seeing I had many Judgements and Declarations of Parliament against it as an illegall execrable innovation and damning it for ever as such I could neither in prudence nor conscience pay it as a DVTY till hee could make it appear to mee by some true reall Act of Parliament to be so desiring him to shew me what Legall or other Authority he had to claim it as a Duty from mee To which he answered that he had nothing else to shew for or claim it by but a late Ordinance of the Protector and his Counsell at White-hall continuing the Excise till such a month in the year 1656. Which he would shew mee if I pleased To which I replied that I conceived that this would bee his answer which was no satisfaction at all to me for I was certain that by the fundamentall Laws and Statutes of the Realm and the resolutions of our Parliaments in all Ages no King of England nor his Councel-Table could ever in any age make binding Laws or impose any Tax Tallage Impost Custom Tunnage or Poundage much less Excise a stranger to our Ancestors on the Free-men of England but only a true and legal English Parliament and therefore those who condemned suppressed the late King and his extravagant Councel-Table as Tyrannicall and oppressive to the People could neither in justice nor prudence arrogate such a supertranscendent jurisdiction to themselves as to impose such Taxes as these on the whole Realm an inseparable Prerogative of our Parliaments alone as hath been resolved over and over in all ages by the * Laws of King Edward the Confessor ratified by William the Conquerour himself and by all our Kings since by a special clause in the very Coronation Oaths Lex 55. 56. 58. the great Charters of King John and Henry the third c. 29. 30. 25. E. 1. c. 5. 6. 34. E. 4. c. 12. De Tallagio 14. E. 3. Stat. 1. c. 21. Stat. 2. c. 1. 15. E. 3. Stat. 2. c. 5. 21. E. 3. Rot. Parl. N. 16. 25. E. 3. Rot. Parl. N. 16. 27. E. 3. Stat. 2. c. 2. 36. E. 3. Rot. Parl. N. 26. 38. E. 3. c. 2. 45. E. 3. Rot. Parl. N. 42. 11. H. 4. Rot. Parl. N. 10. 1. R. 3. c. 2. 22. H 8. The Petition of Right 3. Car. The Statute against Ship-mony Knighthood Customs 16. Caroli and all the statutes concerning Customs Tunnage Poundage and Purveyors in all our Kings reigns all unanimously resolving That no Tax Tallage Subsidy Ayd Loan Custom Impost Tunnage Poundage or any other payment or duty whatsoever can be imposed on or leavied from the Subject in times of War or Peace upon any pretext or necessity but only by common grant and consent of the Lords and Commons in Parliament and so resolved over and over in the Parliament of 7. 21. Jacobi and of 3. 4. 16. Caroli by many now in power And to satisfie him in point of EXCISE the thing in question I would shew him some late Judgements and Declarations of Parliament against it which I presumed would satisfactorily convince him that it was no Duty but an intollerable Oppression and detestable Innovation whereupon I read unto him these ensuing Judgements and Declarations against it 1 I shewed him that Excise was altogether a stranger and thing utterly unknown to our Fore-fathers the Name and thing being never found in any Histories or Records of former Ages in this Island The first attempt we ever finde upon Record to usher it into and set it on foot in England was in the third year of our beheaded King Charls his reign who by the advice of the Duke of Buckingham and some other evil Counsellours * granted a Commission under the Great Seal of England dated the last day of February 3. Caroli called THE COMMISSION OF EXCIZE issued to thirty three Lords and other of HIS MAJESTIES PRIVIE COVNCEL The Commissioners were thereby authorised and commanded to raise Monies BY IMPOSITIONS OR OTHERWISE as they in their wisdoms should find most convenient the causes wherefore these Monies were to be raised were expressed to be these THE DEFENCE AND SAFETY OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies beyond the Seas which WITHOVT EXTREMEST HAZARD OF THE KING KINGDOM AND PEOPLE and of the Kings Friends and Allies can admit of no longer delay INEVITABLE NECESSITY wherein form circumstance must rather be dispenced withall than the substance lost the Commissioners must be diligent in the service and not fail therein as they tender his Majesties Honor and THE SAFETY OF THE KING AND PEOPLE Here Salus Regni periclibatur the whole Kingdom was declared to be in danger in greater and nearer danger then any now appearing In the Parliament of 3. Caroli the House of Commons having notice given them of this Commission sent for it and upon debate thereof without any one dissenting voyce Voted and adjudged it TO BE AGAINST LAW and CONTRARY TO THE PETITION OF