Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	king_n	norfolk_n	2,546	5	11.4606	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86390	The libertie of the subject against the pretended power of impositions. Maintained by an argument in Parliament an[o]. 7[o]. Jacobi Regis. / By William Hakevvil of Lincolns Inne Esq.	Hakewill, William, 1574-1655.	1641 (1641)	Wing H210; Thomason E170_2; ESTC R9193	77,405	152

These indeed and onely these are meer Impositions and may be aptly compared with these of our times Of this kind amongst all the Records of Edward the Thirds time I finde only two which I will truly open unto you The first is in the Twenty one of his Reigne where it appears that Lionell afterwards Duke of Clarence named upon the Record 21. Ed. 3 no 11 Ro. Parliam Lionell of Antwerp because I suppose he was there borne the Kings second sonne being then Guardian of England whilest the King his father was at the siege of Callice at a counsell by him held the same yeere which I take to be no other then the Privie Counsell assessed without assent of Parliament upon every sack of Wooll Two Shillings upon every Tun of Wine Two Shillings upon every Pound of Aver de poys of Merchandizes imported Poundage imposed Sixe pence This Imposition was I must confesse for ought I know to the contrary such as our present Impositions are I meane in that it was imposed onely and simply by the Kings absolute power and may in that respect be the Fourth of that number of Sixe which I told you were all that could be found in any degree like to ours ever to have been practised in this Commonwealth from the Conquest till Queene Maries time But though in the authoritie of imposing it be like yet in circumstances very materiall you shall finde an apparant difference between them First this Imposition is very moderate in the sum as you may perceive for it was but Two Shillings upon a sack whereas in 13. Ed. 3. forty Shillings upon a sack of wooll was usuall and sometimes fifty shillings Secondly it was to continue no longer then till Michaelmas following Thirdly it was laid in the time of a most chargeable warre and ordained to be imployed for the maintenance of Ships of warre at Sea for the safeguard of Merchants in their passage of which it is apparant there was at this instant very great necessitie for it was as I have said imposed then when King Ed. 3. lay at the siege of Callice Besides such as it was and so qualified as you perceive it was neverthelesse complained of in Parliament by a Petition from the Commons as may appeare be the Records of the same Parliament of 21. Ed. 3. To which Petition or complaint this answere was given That all the said Impositions were already taken away save only the Two Shillings upon a sack of Wooll which should last no longer then Easter and seeing the same was ordained for the safeguard of merchants in which there had been greater sums of money expended by the King then could be collected between that and Michaelmas therefore to continue the same till Easter he hoped it would not seem over-burdensome or grieveous unto them In the Parliament following viz. anno 22. the Commons pray that writs may bee directed to the Customers to forbeare at Easter next to take the two shillings upon a sack 22 E. 3. N 16. Ro. Par. according as it was granted at the last Parliament and that it be not any longer continued by the procurement of any Merchant The King answereth Let it cease at Easter as it was agreed the last Parliament Here you see it was absolutely taken away and therefore though it had wanted these qualifications and circumstances which I have observed it had yet it being a thing so publiquely condemned it ought to be of little force with you to justifie these present Impositions But that which I observe out of this last Record maketh me rather to incline that this Imposition was onely by way of dispensation then that it was an absolute Imposition such as Ours are For to what end I pray you should the Commons pray that it might not be any longer continued by the procurement of any Merchant except it were likely that Merchants for their benefit should pray the longer continuance thereof and what benefit can any imposition whatsoever bee to a Merchant except it bee by way of Dispensation to give him leave to trade where before such dispensation given he stood altogether restrained If then it be an Imposition by way of dispensation with a penall Statute of restraint then is it no president for our present impositions But whether or no it be a Dispensation or absolute Imposition I leave it to your judgements you have heard my observation And so I come to the next president in the times of Ed. 3. produced for maintenance of our Impositions 24 E. 3. N. 12. Orig. de Scac. which was in the 24 yeere of his Reigne the Record of which and that which followed thereupon I will without any inforcement at all open unto you and so leave it to your censures The King reciting that whereas the Spanyard and French had joyned in league to make Warre against him and that for the withstanding of his said adversaries as also for the safeguard of Merchants against Pirats he had ordained that certaine ships should be set forth and that for maintenance of the said Ships there should be paid by Merchants two shillings for every sack of Wooll two shillings for three hundred Woolfels foure shillings for a last of Lether a Scute of Gold or foure shil Poundage imposed for a tunne of Wine and six pence of the pound upon all other Merchandizes for one yeere following He commandeth his Customers to levy the same accordingly The very next yeere and Parliament following 25 Ed 3. No. 12 Rot Par. the Commons exhibite a Petition in Parliament against Impositions and other like charges without assent of Parliament To which answer is given that it is not the Kings intion they should be charged I have now gone through all the materiall Records here amongst us of the times of Ed. 3. in which though his reign were very long and by reason of his Warres and other excessive charge more occasion was given him to try the strength of this point of the Prerogative then ever any King before or since though oftentimes and by many politicke inventions as you have heard he attempted to establish this Prerogative of laying impositions without assent in Parliament yet can there not be produced in all his time any more then two Presidents of Impositions like to these of ours that is imposed by the Kings absolute authority and yet these two were also as you perceive qualified with such circumstances as if ours were such we should have held them tolerable though perhaps not lawfull yet they such as they were escaped not without being complained of and condemned also in Parliament as you have heard It may perhaps be that some one or two of these Impositions which were by assent or grant of Merchants in this time of Ed. 3. were in times when the passage was open and not restrained by act of Parliament and so to be compared to our impositions but whosoever shall by looking over the Statutes

of 52. Hen. 3. this title Consuetudo Mercandizorum and by divers other Records of Hen. 3. times the Rolls and Records of the beginning of Ed. 1 doe likewise prove the same very evidently Insomuch that not onely that which in this kinde belongs to the King by the Common Law and by ancient prescription was called Consuetudo but in later time if any increase were of that dutie though it came not by prescription but by grant in Parliament or otherwise yet it still retained the name Consuetudo which by continuance of time came to be the proper name to that kinde of dutie howsoever it began And therefore in 3. Ed. 1. you shall finde that after the old custome of Woolls was increased to a demy-Marke by Act of Parliament yet the word consuetudo was neverthelesse still retained but with an addition For it was then called nova consuetudo Nay though the increase were by the Kings absolute authoritie and upon the matter a meere Imposition Yet the King in his Commission did alwayes call it consuetudo as in 16. Ed. 1. the Imposition of Foure Shillings upon a Tun of Wine is in the Kings Commission to collect it called consuetudo Neverthelesse I assure my self the people called it by some worse name as Maletolt or the like The severall applications of this word Consuetudo to all duties whatsoever belonging to the Crowne by reason of Trade is the reason as I conceive that the word is used in the plurall number in the Statute of Magna Charta per antiquas certas consuetudines that so they might bee secure against all unjust exactions upon Merchandizes whatsoever but as I have said the principall scope was to provide against Impositions and by reason also that the word Consuetudo was taken as well for Impositions as for rightfull Customes therefore to make all sure they insert the words antiquas rectas This word Consuetudo in this sense continued till about the twentieth yeere of Ed. 1. after which time I cannot call to minde that I have seene it upon any Record In stead and place thereof came in the word Custuma which I find first in Charta Mercatoria an 31. Ed. 1. where the increase of Custome by the grant of Merchant-strangers is called parva custuma that which before was called nova Consuetudo doth now begin to lose that name and to bee called magna Custuma which termes of magna Custuma intending thereby that increase made by Parliament anno 3. Ed. 1. upon the three staple commodities Wools Wooll-fells and Lether And parva Custuma intending thereby the increase granted by the Merchants-strangers an 31 Ed. 1. Custums are the termes used at this day by the Customers and by which they distinguish their entries This word Custuma I finde to have been also promiscuously used by E. 1. E. 2. and E. 3. in their Commissions and applyed as well to increase of Custome by way of Imposition or by acts of Parliament of those times as to ancient custome upon the Staple commodities but regularly none ought to be called Custuma but that which is due upon the Staple commodities and so is it used at this day except only cloath for if it bee laid by act of Parliament it is called a Subsidie if without assent of Parliament Impost You see in what sense the words malum Tolnetum and the word Consuetudo have been used in former times and are thereby able to judge how they ought to be understood in this present Statute which as I have said ought to have the most benign interpretation that the words may beare But it hath beene likewise objected that in this Statute there is a speciall clause of exception which leaveth the king at his liberty to lay what impositions he pleaseth The third objection against Magna Charta cap. 30. that by the Exception the Kings prerogative to lay Impositions is salved answered this Statute notwithstanding and that is the words in the beginning of the Statute All Merchants if they were not openly prohibited before shall have their passage c. which implies say they that if they be prohibited which rests wholly in the kings power then they are not to have benefit of this Stat. touching the freedome from impositions and they say farther that the very laying of impositions doth imply a restraint sub modo Though I purpose to speake more fully in answere of this objection when I come to shew you the weaknesse of the reasons alledged for Impositions yet I cannot forbeare in this place to speake a word or two in answere thereof having the Statute now before us Except they be prohibited they shall have free passage saith the Statute without paying Evill-toll This doth imply say they that if they be prohibited they may be compelled to pay Impositions but that cannot be necessarily concluded it implies indeede somewhat strongly that they may bee prohibited The Statute of 1 R. 2. cap. 12. inhibiteth the warden of the Fleete to deliver any prisoner out of execution unlesse it bee by writ or other commandment of the king It may be as strongly implied out of this Statute that the king may by his commandment without writ 4 5 P. M. fo 162. b. Dyer deliver a prisoner out of execution but the contrary hath alwaies been held The same objection is made and the same answere may be given to another exception in the latter end of this branch Except in the time of war I come to the second Statute against Impositions The second Statute against Impositions the Statute De Tallagio non cōcedendo expounded and cleered which is the Statute de Tallagio non concedendo touching the time of the making of which there is great variety of opinion for it is not for ought I could ever learne found any where upon Record Justice Rastall accounts it to have beene made 51 of H. 3. and with him agrees an old manuscript which I have seen It may well bee for in one of the Statutes you shall finde a pardon to Humfrey Earle of Boham Earle of Hertford and Essex Constable of England and to Roger Bygott Earle of Norfolke and Suffolk marshall of England who both lived in that time Tho. of Walsingham in his history of England saith it was made in the 25 yeere of Ed. 1. hee reciteth the Statute de verbo in verbum as it is in our printed bookes otherwise I should have thought he had meant another Statute against Impositions made indeede 25 Ed. 1 and found upon the Records of that yeere in our printed Statutes at large it is placed last of all the Statutes of E. 1. Though there be some disagreement about the time of the making of this Statute yet they all agree the occasion to be the laying of a great imposition upon Wool the words of Tho. Walsingham Auxit Rex tributum Lanae ad 40s. cum prius ultra dimidiam mercam non daretur tota autem comunitas