of impositions and without which they cannot long last You have now heard opened three of those six presidents which are most relied upon for mantenance of these present impositions which are all that have been urged or can be found to have been practised from the Conquest till the reigne of Ed. 3. during which time there are as you see as many publique acts in opposition of them which are of so much the more force in that they are the Legall regular Acts of great Counsells whereas on the contrary part those three impositions were the acts of powerfull Kings wills in the times of extream necessity As for Ed. 2. Edw. 2. his successor there hath not been one Imposition alledged to have been laid by him of one kinde or other Nay all the records touching this businesse found in his time being onely foure make directly against them The first is anno 3. which was as you have heard a release at the Kings will upon complaint of the Commons of the Impositions raised by Charta Mercatoria The second was the Ordinance made an 5. declaring Charta Mercatoria and all other impositions to be void and inflicting punishment upon such as should demand any The third was an 11. which is a Supersede as to discharge certain cōmodities from yeelding an increase of Custome granted by Merchants by way of loane which in great probability the King would never have released but upon complaint the rather I think so because as the Record recites it was granted in a time of great necessity The fourth is anno 12. and is much of the same nature the recitall of which containes some very observable things which I will open unto you It shewes first in very effectuall words the greatnesse of the Kings wants and the causes thereof the words are Cum pro expeditione guerrae nostrae Scotiae aliis arduis necessitatibus nobis multipliciter incumbentibus pro quarum exoneratione quasi infinitam pecuniam profundere oportebit pecunia plurimum indigeamus in presenti ac insuper pro eo quod exitus Regni terrae nostrae simul cum pecunia nobis in subventionem praemissorum tam pro Clerum quam pro Comunitatem Regni nostri concessa ad sumptus predictos cum festinationem qua expediret faciend non sufficiunt Here was cause if any cause may possibly be just for the King presently to put in practise his Prerogative of Impositions his expence by reason of a necessary Warre in Scotland was so great as the whole Revenue of the kingdome together with an ayd which had been lately granted him could not with that expedition that was requisite supply his present want doth hee for all this make use of his Prerogative of imposing or doth hee hastily for want of advised proceedings take some other course prejudiciall to his right No the record further sayes that he enquired by all wayes and meanes how he might most commodiously and fitly levy money for these occasions After which advised deliberation the course at last resolved upon was not by absolute power to lay Impositions which of all other courses if it had been lawfull had been the most speedy and beneficiall but a course more justifiable which was that Merchants should be called together and that they should be intreated to lend the King upon every sack of wooll 10. shillings and upon every last of Lether 5. shillings above the ancient custome and that for their security of true repayment without fiction or delay which are the words of the Record whereby it seems that onely a pretence of a Loane and repayment had been before that time used to colour Impositions commandment should be given to the Customers to certifie into the Exchequer the names of every particular Merchant that should so lend unto the King that they might accordingly receive full satisfaction And t is worth the observing that this Loane was for no longer time Then from Aprill till October following thus much is warranted by the Record So as you see that in all this time of this King Ed. 2. Impositions were not only altogether forborn even in the times of his greatest necessity but they were also condemned as unjust and utterly unlawfull We come now to the reigne of King Ed. 3. Ed. 3. in whose time there was no practise or meanes that by the policy of man could be thought on to bring the people under this yoke of Impositions without assent of Parliament but it was by him attempted Insomuch as I have in my observation out of the Records collected no lesse then five or six severall waies all of them very colourable which in his time were put in practise for the raising of impositions and yet none of them but was resisted by Parliament and condemned That which was most usuall with him was that Merchants should grant to pay him so much upon every Commodity exported or imported by way of increase of Custome Impositions by way of Grant of Merchants this seems not unreasonable for that every man might grant of his own what he listed and this also to make it more colourable was never attempted but in the time of warre And yet as it hath been pastly said already this was alwayes held unlawfull as may appeare by the Record of 17 E. 3. 17 E. 3. No. 27. Ro. Parl. where the Commons in Parliament say that it is a great mischiefe and against reason that they should be enforced to pay the deerer for Commodities by reason of a charge upon Merchandizes by the grant of Merchants anno 25. Edw. 3. 25 E. 3. No. 22. Ro. Parl. the which is a charge to the people though none to the Merchant the Commons reciting that whereas Merchants have granted a new increase of Custome to the King pray that Commissions to collect such new increase of Custome by singuler grant of Merchants be not awarded anno 36 Ed. 3. cap. 11. Amongst the printed Statutes Grants of Subsidies upon Woolls by Merchants without assent of Parliament are declared to be void which act was made upon a Petition of the Commons in anno 36 Ed. 3. desiring a Law to be made to the same effect If impositions raised by the Grant of Merchants 36 E. 3. No 26. Ro. Parl. which I suppose to have been by some publike and solemne instrument under the hands and seals of the principall Merchants of all the great Towns of England being called together for that purpose were not of force in this behalf much lesse was their bare assent without any such solemnity which also was a course in practise in the dayes of Ed. 3. And was also used in the laying of these present impositions which wee now complaine of Another meanes of raising impositions used by Ed. 3. was by way of dispensation for money with some Statute in force Impositions by way of Dispensation with a penal Law which restrained the passage of Merchants most of his
Law together The Petition for present ease is to be released onely of the Maletolt of foure shillings upon a sack of Wooll which is yeelded to The security for the time to come is We will take no such thing The saving which followeth that is Saving the Custome of Woolls Woolfells and Leather I observe the saving extends not to woolls alone as the Petition doth but also to Wooll-fells and Leather by expresse name by which it is evident that the securitie for the time to come is of a larger extent than to stretch onely to Woolls as hath been objected For else to what end should Wooll-fells and Leather be excepted in the saving if they had not been contained in the generall words no such thing An exception cannot be but of a thing contained in former words If therefore the grant would have extended to Wooll-fells if they had not been specially excepted then doe I conclude by the same reason that it doth extend to all other Merchandizes not excepted for the words are generall And so I leave this Law cleered of all objections and very full against Impositions The next Statute made against them is 14 Ed. 3. The fourth Statute urged against Impositions 14 E 3. cap. 11. cleered from objections cap. 21. By the first part of which Law you may perceive that whereas the Commons had prayed the King not to take of Woolls Wooll-fells Leather Tyn or Lead any more than the ancient Custome the King prayed them to grant him forty shillings upon a sack of Wooll for a yeer and a halfe which they granted whereupon the King by way of Retribution and in answere of their Petition as touching the Wooll causeth it to be enacted for their Security in time to come That neither he nor his heires would demand assesse nor take more custome of a sack of Wooll than sixe shillings eight pence And so likewise upon Woolls and Leather no more than the ancient custome without assent of Parliament All this while there is no answer given touching the Tyn and Lead mentioned in the Petition upon which as it appears the King had also laid Impositions But there doe follow certain generall words by which not onely Tyn and Lead but all other Commodities whatsoever are freed from Impositions The words are The King promised in the presence of his Earles Barons and others of his Parliament no more to charge set or assesse upon the Custome but in manner aforesaid Except these words doe extend to Lead and Tyn to free them from Impositions for times to come as well as woolls wooll-fells and Leather are freed by the former speciall words their Petition touching Tyn and Lead is no way answered And if they doe extend to Tyn and Lead by reason of the generalty of the words they doe by the same reason extend to all commodities For what more liberall words can there be than these That the King will not charge set or assesse upon the custome these words the custome being words indefinite are you know equivalent to an Universall according to the rule Indefinitum aequipollet universali And although the King doe but promise yet I doubt not but in this case his promise is a Law And it is worth the observing that the Lords doe in very extraordinary and unusuall manner solemnly undertake as much as in them lyeth that they shall procure the King to hold the same and that they shall in no wise assent to the contrary if it be not by the assent of the Prelates Earles Barons and Commons and that in full Parliament and for the greater surety and to give cause to eschew all counsell to the contrary of this Ordinance the Prelates have promised to give sentence upon them that counsell against the same in any point which are the very words of the Statute in print The Statute of 14 Ed. 3. cap. 21. was yeilded unto by the King 13. Ed. 4. no. 5. Ro. Par. upon a Petition exhibited the Parliament before both by the Lords and the Commons praying that a Law might be made against Impositions as may appeare by the Records of the 13 yeere of Ed. 3. at which time they likewise prayed that the King would be pleased to grant them a Charter to the same effect to be inrolled in Parliament The Statute you have heard the Charter followeth in our printed bookes immediately after the Statute where the King in the preamble thereof reciting the great gift that he had given him at the same Parliament that is to say the 9th Fleece 9th Sheep 9th Lamb throughout the Kingdom which indeed was a very extraordinary great guift and therefore his grant in regard thereof is to be intended so much more beneficially doth in lieu thereof for him and his heires grant to his Subjects in these words From henceforth they shall not be charged nor grieved to make any ayde or to susteine charge if it be not by the Common assent of the Prelates Earles Barons and other great men and the Commons of our said realme of England and that in Parliament It hath been objected that these words Aide and Charge are to be understood of Charges within the Land such as are Taxes and Tallages An Objection that the stat of 14 Ed. 3. An. 21 extendeth only to Impositions within the land and not to Imposition upon Merchandizes is answered and not of Impositions upon Merchandizes And this is the only Objection made or indeed can be made against this Statute For the cleering of which I can say no more then already I have proved by matter of Record for the opening of the sense of this Statute viz. That this Charter and the last Statute were made upon a Petition exhibited in Parliament for a law and Charter to be made against Impositions upon Merchandizes And therefore that conjecture of theirs that it should extend only to Taxes and not to Impositions cannot but fall to the ground especially since there is not in the Petition any mention at all of Taxes or Tallages or of any other charge or aide but impositions onely then which there cannot allmost be a cleerer proof then that this Law being made upon this Petition is to be expounded against Impositions which if this Petition had not been extant would with no lesse cleernesse have been proved by considering the mischiefe at the time of the making of this law which was not Tallage or Taxes but those heavie Impositions of Foure pound and five pound upon a sack of Wooll by way of dispensation with the Statute of 11. E. 3. cap. 1. of which I have formerly made mention So as this Statute being made in the first intention against dispensations for money with a penall law though the occasion were particular yet the words being generall I hold that with reason it may be extended against all dispensations with penall lawes for money in particular I hold that the raising of money by dispensations with the Statutes
one aide or other in Parliament sometimes a taxe sometimes a Fifteenth sometimes a Subsidie of Tonnage Poundage In the eighteenth yeer he was inforced to go in person into Ireland to settle the state of that Country then in Rebelion all these troubles he had from abroade besides those famous Rebellions here at home which afterwards cast him out of his Seat yet did he never for all this attempt to lay impositions though he wanted not about him to put him in minde of his absolute power For Edward Strafford Bishop of Exeter Lord Chancellor of England in a Sermon made to the Parliament held anno 21. as our Chronicles report did publiquely maintaint that the King was not bound by any Law but was of himself absolute above Law and that to controle any of his actions was an offence worthy of Death at which Parliament all that were present came armed for fear of the King and the Parliament House it selfe was beset with 4000. Archers by his appointment I will speak no more of him then this though he were a King of a weak spirit yet did he not spare to practise upon his people the most grievous things that were Insomuch that he so farre discontented them that they deposed him by common consent in Parliament the onely desperate example of that kinde that our Histories doe afford or I hope ever shall His successor Henry the fourth Hen. 4. in respect he held the Crown by so weak a title had cause to give the people all the content he could possible and yet he was so oppressed with warrs on all sides from France and Scotland but especially by continuall and dangerous invasions made by the Welsh as without the aide of his people for the supply of his treasure it had not been possible for him to have held his Crown on his head and therefore he pressed his people so farre that in a Parliament held the fifth yeere of his reigne they yeelded to him so great and so unaccustomed a tax as that the grantors thereof as our Chroniclers say tooke speciall order that no memory thereof should remaine of record onely to avoide the president and yet the very next yeere following his wants were againe grown so great as his Subjects being assembled in Parliament to give him further ayde did resolve that there was no other way to supply his want then to take from the Clergie their temporall Lands and goods and to give them all to the King which being withstood by the Clergie a resumption of all the guifts of Ed. 3. and Ric. 2. was propounded at last after they had sate a whole yeere they gave him two Fifteenths at this time most of his Counsell and the great Officers of the Kingdome were Spirituall men had they not now if ever a just occasion given them to have put the King in minde of his Prerogative of laying impositions not onely to the intent to have diverted him from the harkning to that desperate motion that had been made against them to all their utter undoings but were they not also bound in duty and conscience in this time of so great necessitie seeing the Parliament knew not otherwise how to supplie the Kings wants to have advised him to have made use of his lawfull right of imposing by which means he might without troubling the Parliament quickly have raised great summes of money certainly it was not because they were ignorant of any such practise in former times For none of them that were then of the Counsell to Henry the Fourth but they lived in Ed. 3. time and most of them doubtlesse were in Ed. 3. time men of age and discretion But in all likelyhood as they knew that Edward the Third did lay impositions so likewise they knew that impositions had been from time to time in those daies condemned as unlawfull and were become hatefull to the people and onely for that reason they did forbeare to advise the King to take that course though the necessitie were never so great Another Prerogative as much concerning the interest of the Subject as this of Impositions namely the abasing of Coyne this King made no scruple at all to put in practise because he held it to be lawfull His Sonne and next Successor Hen. 5. who by his many victories over the French Hen. 5. and his noble disposition and behaviour towards his people was so farre beloved of them as never was King of this Realme more though the Kingdome were now by one degree of discent more firmely setled upon him then it was on his Father who usurped it though also his expence of treasure by reason of that great warre in France were as much as any king's of England ever were though he had troubles also from his Neighbours the Scots and within his owne Realme by Rebellions and lastly though he spared not for supplie of treasure to suppresse above a 100. Priories of Aliens yet neither out of the strength of his love with the people nor in his extreame necessity by reason of these honorable warres in France for the maintenance of which the people would willingly have undergone any burden which he would have laid upon them especially after the victory at Agencourt did he ever so much as attempt the laying of Impositions His Successor Hen. 6. Hen. 6. though indeed of a meek spirit yet he was so followed with troubles within the Realme and from abroad that he was inforced to crave such an extraordinary aide of his Subjects in Parliament as the levieing thereof was the cause of that famous Rebellion of Jack Cade in his time Besides in the 18 yeer of his Reign for the ease of his charge and supply of his wants all Grants by him made of any Lands Rents Annuities or Fees whatsoever since the first day of his Reigne were resumed and this is never yeelded to but in cases of extreame necessity As for Impositions notwithstanding his great wants he thought not of them Edw. 4. Edw. 4. that succeeded him was no lesse free from troubles for he was as you know driven to forsake his Kingdome and to live for a while like a banished man with the Duke of Burgundy He was also inforced in the 5 yeer of his Reign to make a Resumption and the same yeer to abase his Coyne And Comines observeth of him that he obteined a Subsidie of his Subjects in Parliament upon condition that he should himselfe in person undertake the war in France and that only to get the Subsidie he passed the Seas into France but presently returned without doing any thing What should such shifts as these have needed if he might without being beholding to his Subjects lawfully and without controll have raised Treasure by laying of Impositions It is well worth the remembring that which the same Comines speaking in commendation of the frame of this Common-wealth saith That this State is happy in that the people cannot be compelled by the