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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

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Record is cited 2 2 3. P. M. Dier 128 3. Phil. Mar. in my L. Dier fol. 128. B. and the Law there held to be so at that time upon a question moved in the Queens behalf against divers that being beyond the Seas refused to return upon commandment sent unto them to that purpose The same is again for Law confirmed in the Dutchess of Suffolke Dier 2. El. 176. 5 R. 2. c. 2 Case 2 Eliz. Dier 176. But the Common Law was altered in this point by the Statute of 5. R. 2. cap. 2. by which the passage of all people is defended that they may not go without licence except the Lords and other great men of the Realm Merchants and Souldiers So for the Merchants which are the people dealt withal in the business in hand the Common Law remaineth as it was before the Statute and so it was held 12. El. Dier 196. where the case was Dier 12. El. 196. An English Merchant being a Papist went over-sea and being there did settle himself to remain there for the enjoying the freedom of his conscience It was moved here in England that his going without licence should be a contempt because he went not to traffique as a Merchant but for the cause of Religion It was resolved no such averment would be taken in this case for that the very calling and vocation of being a Merchant did give him liberty to go out of the Kingdom when he would and therefore the secret intent of his going was not to be enquired after Sed lex inspicit quod verisimilius Therefore it was in this case held no contempt but at this day the Law is as it was before 5. R. 2. cap. 2. for that Statute is repealed 4 Jac. c. 1 4. Jac. cap. 1. And all men whatsoever are now at liberty by the Common Law to pass out of the Realm There is onely against this inconvenient liberty a Proclamation dated at Westminster Proclam 9. Jul. 5. Jac. 9. Jul 5. Jac. To the very same effect in point of restraint of passage with the Statute of R. 2. So the Subject is in this much the more at ease and liberty then he was before That his going over-sea without licence doth not induce any forfeiture but onely incurreth the censure of a contempt and therefore it were to be wished that some firm Law might be made in the case both for the execution of so good a point of policy and for the more quiet of the State in knowing the certainty of the punishment for the offence This liberty and freedom of Merchants hath been strenthened and confirmed by many notable Laws before recited 14. E. 3. st 2. c. 2. 15. E. 3. st 2. c. 5. 18. E. 3. st 1. c. 3. as 14. E. 2. stat 2. cap. 2. 15. E. 3 stat 2. cap. 5. 18 E. 3. stat 1. cap. 3. and divers other and therefore though it be admitted that the King may restrain persons and goods yet it may well be denied that he hath power of himself alone without assent of Parliament simply and indefinitely to restrain all traffique in general or to shut up all the Havens and Ports and to bar the vent and issuing of Wares and Merchandizes of the whole Kingdom as appeareth plainly that this hath been done this three hundred years or near thereabouts by Act of Parliament onely and that the Kingdom of England made this matter of Traffique so tender a case to deal in as that it hath ever held it a matter fit for the consultation of the great Council of the Kingdom and for no other In 11. E. 3. The exportation of Woolls was prohibited by Act of Parliament 11. E. 3. cap. 1. in which Statute there was this clause Untill that by the King and his Council it be thereof otherwise provided which power so given to the King to be used for the good of the Commonwealth gave occasion to him to abuse it to his profit and commodity by giving licences of transportation to all that would give forty shillings upon a Sack of Wooll above the due Custom This appeareth in the Records in the Exchequer 13. H. 3. R. Thes rot 2. 13. E 3. Rot. 2 Rem Thes I will describe the Record that you may perceive the ground of it the better Rex collectoribus Custumae in portu magnae Jermouth salutem Quia concessi●…us dilecto fideli nostro Hugoni de Wriothsley quod ipse viginti septem saccos lanae dimid de lanis suis propriis in portu praedicto carriare eas usque Antwerpe ad stapulans nostram ibidem ducere possit solvendo ibidem dilecto Clerico nostro Willielmo de Northwel custodi guarderoba nostrae 40s pro quolibet sacco pro custuma subsidio inde nobis debitis c. vobis mandamus quod praedict Hugon dictos viginti septem saccos lanae dimid in portu praedicto carriaere permittatis c. And another the same year Rex collectoribus custumae 13. E. 3. rot 12. R. Thes c. Cum nuper ordinaverimus quod passagium lanarum c. apertum existeret quod sigillum nostrum quod dicitur Coket quod prius claudi sub serra custodiri mandavimus ape●iretur apertum teneretur ideo vobis mandavimus quod sigillum praedictum in portu praedicto aperiri apertum teneri faciatis omnes illos qui hujusmodi lanas carriare ducere veline permittatis receptis prius ab iisdem viz de mercatoribus amp aliis indigenis 40 s. de quolibet sacco lanae Divers other such sales of Traffick occasioned by this Parliamentary restraint were made between 11. E. 3. that the restraint was made and 14 E. 3. that this inconvenience being espied the Sea was opened by Statute and the restraint removed 14 E. 3. st 2. c. 2. 15. E. 3. c. 5. st 2. 14 E. 3. stat 2. c. 2. 15. E. 3. cap. 5. stat 2. and this forty shillings so exacted was complained of as an Imposition in Parliament and the occasion and the effect were both taken away together by Act of Parliament 14. E. 3. c. 21. st 1. st 2. c. 1. 14. E. 3. stat 1. cap. 21. stat 2. cap. 1. It followed in all Kings times sithence the death of E. 3. that this opening and shutting of the Havens restraining and enlarging of Traffick was done by Act of Parliament T will give one instance in the reign of every King 5. R. 2. c. 2. st 2. 5. R. 2. cap. 2. stat 2. For the passage of Wooll Wooll-fells and Leather 6. H. 4. cap. 4. 6 H. 4. c. 4 2. H. 5. c. 6. st 2. For the Traffique and Commerce with Merchants Aliens H. 5. cap. 6 stat 2. For the restraint of Staple Commodities to places certain and for the Traffique of the Merchants of the west 27. H. 6. c. 1. 27. H. 6.