we 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 alleadged why they were not able to retain the King gave this for one that they had so often granted him Tonnage and Poundage upon Merchandizes by which it appeareth he took nothing of Merchants by imposition without grant for if he had no doubt they would not have stuck to have put him in minde of it But I pray consider what became of this motion of the Chancellor and Treasurer The proposition had depended in Parliament many years the effect was the people entreated the King to resume all grants he had made from the beginning of his reign untill that time being the twenty eighth year of his reign excepting such as were made upon consideration valuable that he might so enable himself by that mean by which he had impoverished himself and the whole Kingdom This took effect and the Statute of Resumptions was thereupon made the same year which Record because it is not in print and declareth these things with great gravity and authority I will set down the very Text of it so much as is material to our purpose Prayen your Commons in this your present Parliament assembled to consider That where you Chancellor of your Realm of England 28. H. 6. Stat. de Resump in Turri Lond. not printed your Treasurer of England and many other Lords of your Council by your high commandment 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 yearly 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 releived And furthermore it was declared That your expences necessary to your houshold without all other ordinary charge came to 24000 l. yearly which exceedeth every year in expence necessary over your livelihood 19000 l. Also pleaseth it your Highness to consider that the Commons of your said Realm be as well willing to their power for the releiving of your Highness as ever was people to any King of your Progenitors that raigned in your said Realm of England But your said Commons been so impoverished what by taking victual to your houshould and other things in your said Realm and nought paid for it and the quinzime by your said Commons so ofren granted and by the grant of Tunnage and Poundage and by the grant of Subsidy upon Woolls and other grants to your Highness and for lack of execution of Justice that your said poor Commons be full nigh destroyed and if it should continue longer in such great charge it would not in any wise be had ne born Wherefore pleaseth it your Highness the premisses graciously to consider and that ye by the advice and assent of your Lords Spiritual and Temporal and by the authority of this your present Parliament for the consideration of your high Estate and in comfort and ease of your poor Commons would take resume seise and retain in your hands and possession all honors c. This was very plain dealing by the people with their King and this is the success of the demand of supply and support had in those days being required in point of gratification without any recompence or retribution for it Thus then we have cleared this point that between 50. E. 3. and 4. Mariae there was not one Imposition set without assent of Parliament Queen Mary in the fourth year of her reign upon the Wars with France set an Imposition upon Clothes for this consideration That the Custom of Woolls was decayed by reason for the most part they were made into Clothes which afforded little Custom for that which in Wooll paid for Custom and Subsidy 40 s. made into Cloth paid but 4 s. 4 d. To recompence this by an indifferent equality there was set upon a Cloth 5 s. 6 d. which Imposition did not make up the loss sustained in the Custom of Wooll by 13 s. 4 d. in 40 s. This was Justum but not Juste This religious Prince invironed with infinite troubles in the Church and Commonwealth and much impoverished by her devotion in renouncing the profits of the Church-lands that were in the Crown by the suppression was the first that made digression from the steps of her worthy Progenitors in putting on that Imposition without assent of Parliament for that very consideration of the loss of Custom by turning of Wooll to Clothing came into treaty in the 24. year of E. 3. when the art of Clothing began first to be much practised in this Kingdom and then in the recompence of the loss so sustained in the decay of Custom of Woolls there was set upon a Cloth by Act of Parliament above the olde Custom 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. Thes in origin But I pray you examine how this Imposition of Queen Mary was digested by the people We see in the case of my Lord Dier 1. Eliz. fol. 165. That the Merchant found great greif at it and made exclamation and suit to Queen Elizabeth to be unburdened of it Orig. in Scac. 48. E. 3. Rot. 2. R. Thes 1. Eliz. Dier fo 165. The very reason of their grief expressed in that case is because it was not set on by Parliament but by the Queens 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 Quimight fet on this Imposition without assent of Parliament 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 be speedily published and it were indiscretion to conceal 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 Queen Mary upon restraint of bringing in of French Commodities occasioned by the then wars with France set an Imposition upon Gascoyn Wines which continueth yet So the Kingdom of England by the injustice of that Prince was clogged with these two heavy Impositions contrary to the right of the Kingdom and the Acts of her Progenitors Queen Elizabeth set on that upon sweet Wines which grew also upon the occasion of the troubles with Spain That upon Allome was none it was rather a Monopoly to Master Smith the Customer of London for the
suis faciendo inde rectas dubitas consuetudines nec sibi timeant de malis tolnetis quae iis faciat Rex vel in terrâ suá fieri permittat By this record the word Consutudo is interpreted to be mos not portorium otherwise it should have been solvendo consuetudines not faciendo Also these words entiquum rectum in the Statute in this Writ are rectum debitum which doth more enforce a certainty of right and duty which by no means can be intended in impositions Objections against this Law were made in the last Argument First That it was made for Aliens This is true the words of the Law do plainly shew it was made for Aliens But if the State was so careful to provide for them shall we not judge that with Denizens it was so already And that this Statute was made to extend that liberty by Act of Parliament to Aliens which Denizens had by the Common Law succeeding times did so conceive of it as appeareth by the Statute of 2. 2. E. 3. cap. 9. E. 3. cap. 9. the words are that all Merchants Strangers and Princes may go and come with their merchandizes in England after the tenor of the great Charter and that Writs be thereupon sent to all the Sheriffs in England and to Mayors and Bayliffs of good Towns where need shall require A second Objection was made in the last Argument out of these words of the Statute of M. Char. that Merchants might freely traffique nisi publicè antea prohibiti fuerint by which was enforced that the King had power to restrain and prohibit Traffique therefore to impose It is agreed there may be a publick restraint of traffique upon respects of the common good of the Kingdom but whether that which is called publica prohibitio in the Statute be intended by the King alone or by Act of Parliament is a question For such restraints have still been by Parliament But admit the King may make a restraint of traffique in part for some publick respect of the Commonwealth he doth this in point of protection as trusted by the Commonwealth to do that which is for the publick good of the Kingdom but if he use this trust to make a gain and benefit by imposing that is a breach of the trust and a sale of government and protection But more of this shall be hereafter spoken in the answering of the main Objections The next Law is that notable Statute of E. 1. 25. E. 1. cap. 7. in the 25 year of his reign made upon the very point in question the words are these And forasmuch as the most part of the Commonalty of this Realm finde themselves sore grieved with the male toll of Woolls that is to wit a toll of forty shillings for every sack of Wooll and have petitioned to us for to release the same We at their request have clearly released it and have granted for us and our Heirs that we shall not take such things without their common consent and good will saving to us and our Heirs the Customs of Woolls Skins and Leather granted before by the Commonalty aforesaid Against the application of this Law to the question now in hand many Objections were made some out of matter precedent to the Law some out of the Law it self some out of matter subsequent and following after the Law For matter precedent It was objected out of Thomas Walsingham Tho. Walsingham in E. 1. fo 71 72 73. edit per W. Camb. impres Francof 1603. an Historiographer of good credit that writ of that time when the Statute was made That in the Petition of grievances given to King E. 1. by the people in the 25 year of his reign upon which petition the Statute was made that they found themselves not grieved in point of right but in point of excess the words are Communitas sentit se gravatam de vectigali lanarum quod nimis est onerosum viz. de quolibet sacco 40 s. de lanâ fractâ septem marcas so they express the cause of their grief that it was too heavy which is to be applied to the point of excess not of right To this I answer that if the words had been quia est nimis onerosum this construction might have been made out of them because the word quia had induced a declaration of the cause of that which was formerly affirmed but the words are quod nimis onerosum which doth only positively affirm that the imposition de facto was intolerable for the greatness of it which doth not therefore admit that it is tolerable in respect of the right the King had to impose But this is made clear by the general word precedent in the preamble of the Petition which doth evidently infer they grounded their complaint upon point of right not upon point of excess the words are these Tota terrae communitas sentit se valdè gravatam quia non tractantur secundum leges consuetudines terrae secundum quas tractari antecessores sui solebant habere sed voluntariè excluduntur After which preamble among the particulars this of forty shillings upon a sack of Wooll is ranked but with a dependency of that expressed in the preamble for the point of right But seeing we light upon History which though it be of small authority in a Law argument yet being the History of our own Realm hath fit and proper use in the common counsel of the Realm Matth Westm fo 430. Edit per H. Savile mil. Francofurti 1601. I will pursue it a little further Out of Matth. Westm a Writer that lived much nearer the time of the Law made then Thomas Walsingham he saith That the Commons by their petitions required Ne Rex de caetero tallagia usurparet voluntarias super his inductas exactiones de caetero quasi in irritum revocaret by which it appeareth that the point of the complaint was that the exactions laid on them were voluntary that is at the Kings will without assent of Parliament Out of the Law it self it hath much been pressed as first the Commons made petition to the King whereupon they infer out of the nature of the word petition that their proceeding was by way of grievance for the excess and inconvenience as a matter of grace not in course of justice for the wrong To this I answer That considering the quality of the parties to this action it being between the King and the Subject duty and good manners doth induce gentleness and humility of terms without blemish or diminution of the force of right It is according to the demeanor of Job cap. 9. v. 15. Job 9.15 Though I were just yet would I not answer but I would make supplication to my Judge But in our forms of Law be the right of the Subject never so clear manifest and acknowledged by all yet if his own be detained from him by the King he hath no
The truth is some Kings finding these Laws not to sort to their wills and humors have endeavoured to suppress them but they did never yet obtain a repeal of them by Act of Parliament But it is further urged That although there were no formal repeal of the Law yet it was never put in execution as a Law but even presently upon the making was rejected and use and practise went quite against it and for instance hereof a Record was vouched that E. 2 held himself so little bound by it as that in the 11. year of his reign he set an Imposition without assent of Parliament upon Wooll Wooll-fells Leather Wines Cloth Aver de pois and divers other kind of Merchandizes To this I answer that if it were true that a distinct and impotent King as he was did contrary to the Law doth this make the Law void and no Law But if we look into the whole Record and scan this action of E. 2. from the beginning of it unto the end we shall finde it a very good instance to prove the practice and execution both of this Law of 5. E. 2 and of that in 25. E. 1. for it is true that E. 2. in the eleventh year of his reign did borrow of the Merchants a certain sum of money above the due Custom of Woolls Wooll-fells Wine Averdepois Leather and such other goods imported and exported but it appeareth by the Record he took it but for one year he took it by the advice and counsel of the Merchants and he took it per viam mutui as a loan Rot. claus 11. E. 2. The direction of the Writ is Collectoribus mutui nobis per mercatores alienigenas indigenas de certis rebus Merchandisis usque ad certum tempus faciendi This was done in good terms he did not claim it as his right but did borrow it which I do think is a good evidence against his right But what became of this the State would not abide it for all these fair shews And therefore afterwards the King sendeth out other Writs by which he dischargeth all Merchandizes of this Loan saving only Wooll Wooll-fells and Leather and for the Loan taken upon those Commodities it was limited to continne but until Michaelmas after and good security was given to the Merchants by the Customers to pay themselves by way of defalcation out of the Customs which should be due after Machaelmas those sums which were so borrowed of them Rot. finium 11. E. 2. The words of the Record are worth the observing Cum pro expeditione guerra Scotiae aliis arduis urgentibus necessitatibus nobis multipliciter incumbentibus pro quarum exoneratione quasi infinitam pecuniam refundere oporobit pecunia plurimum indigeamus in praesenti nuper pro eo quod exitus regni terrarum nostrarum simul cum pecunia nobis in subventione praemissorum tam per Clerum quam Communitatem regni nostri concessa ad sumptus praedictos cum festinatione qua expediret faciendos non sufficiunt exquirentes vias modos quibus possemus pecuniam habere commodius decentius pro praemissis de consilio aavisamento quorundam mercatorum tam alienigenarum quam indigenarum viam invenimus infra script viz. And so setteth down the manner of the loan and the security for the payment of it This I take it was neither an Imposition nor a wrong in any respect Also by the first Record it appeareth that the Loan set on Wines Averdepois and such other Commodities besides Wooll Woll-fells and Leather were presently discharged by E. 2. which sheweth they were taken to be within the intent of the Statute of 25 E. 1. The fifth Statute alledged on the behalf of the Subject is that 14. E. 3. Stat 1. c. 21. 14. E. 3. Stat. 1. cap. 21. by which the Commons pray the King to take no more then the old Custom of the half Mark. The King prayeth aid of the Commons for a time above the Custom upon his necessity of Wars And the conclusion is that by that Act the King doth grant that after the Feast of Pentecost twelve moneths following he will take no more of Woolls Wooll-fells and Leather but the old Custom and doth promise to charge set or assess upon the Custom but in manner as aforesaid The sixth Statute is 14. E. 3. Stat 2. 14. E. 3. stat 2. c. 1 cap. 1. The King doth grant by way of Charter to the Prelats Earls Barons Commons Citizens Burgesses and Merchants that they be not from henceforth charged nor grieved to make any aid or sustain charge if it be not by the common consent of the Prelates Earls Barons and other great men and Commons of the Realm and that in Parliament These two Statutes grew upon an occasion of an Imposition set on Wooll by the King without assent of Parliament Little hath been objected against them but only to the first that it was obtained of grace and not upon instance of right which they gather out of the words of the Law which are The Commons pray the King that he would stablish that from henceforth no more then the old Custom be taken The like reason may be made against the King out of the same words in the same Law for the King in the same Act prayeth the Commons to give him an Imposition upon Woolls for a time above the old Custom but the Record of the Petitions exhibited in Parliament on which these two Laws are made cleareth the objection The first was delivered by the Lords in this form Rot. Par. 13. E. 3. num 5. Les grands volunt that the male toll set on Woolls newly be altogether abated and that the old Custom be held and that they may have this in point of Charter and by inrolment in Parliament This word volunt had been too high for a fuit of grace and therefore must be intended of right The Commons Petition in form is somewhat humble but in effect and purpose is rough and stern The words are these Rot. Par. 13. E. 3. num 13. The Commons pray that the male toll of Woolls be taken as it was used in antient time which is now enhanced without the assent of the Commons and grandes as we conceive and that if it be otherwise demanded that every one of the Commons may arrest them without being challenged According to these Petitions the first of these two Laws is by inrolment in Parliament the second is in form of a Charter the first doth express some special commodities The second doth reach generally at all The seventh Law directly touching this point is that 14. E. 3. Stat. 2. cap. 2. 13. E. 3. stat 2. c. 2 The King doth grant according to the Great Charter that all Merchants Denizens and foreigners may without let safely come into the Realm of England with their goods and Merchandizes and safely tarry and safely
shillings and four pence upon a sacke of VVool all taken off and no excuse made for the smalness for 21 E. 3. nu 11 two shillings a sacke 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 penny was set upon wools for Tonage over and above the ancient due which was but a penny and so the subject was charged with two pence Also that a penny was exacted for Mesonage which was but an halfe penny which Impositions the Record doth express 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 smalness of it My sixth observation is that those which have advised the setting on of impositions without assent of Parliament have been accused in Parliament forgiving 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 he had procured to be set upon Wooll Wooll-fells and other Merchandizes new Impositions to wit upon a sack of Wool eleven shillings which the L. Latimer fought to excuse because he had the consent and good liking of the Merchants first But judgment 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 Council and this procuring of Impositions to be set on without assent of Parliament is expresly set down in the entry of the judgment for one of the causes of his censure Richard Lyons a Farmer of the Customs in London the same year was accused in Parliament for the same offence Rot. Par. 50. E. 3. n. 17 18 19 20. he pleaded he 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 feifed into the Kings hand and at the last the hate against these authors of Impositions grew so that 50. E. 3. in the same Parliament a petition was exhibited in Parliament to make this a capital offence The Record is very short and therefore I will set it down verbatim Item prie le dit Common que scit ordaine per Statute en cest present Parliament de touts ceux queux cy en avant mittont ou 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 Courre la Common ley come estoit al avant use My seventh Observation is the cessation between 50. E. 3. after this censure in Parliament and 4. Mariae almost two hundred years 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 reigned in that time but had Impositions granted him upon fit occasion by Act of Parliament upon all Goods and Merchandizes and at divers times during their reigns sometimes more sometimes less upon the Ton and pound but ever for a time certain and indefinite so the use of them was not given over but the power of Imposing was so clearly and undoubtedly held to be in the Parliament as no King went about to practice 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 inserence made upon it against the Kings right that is that during that time there was so great a Revenue grew to the Crown by double Custom paid for all Merchandizes both in England and at Callis by reason of an Act of Parliament made 8. H. 4. which was that no goods should be carried out of the Realm but to Callis and by reason that the Merchants paid Custom both there and here for the same goods that in the seven and twentieth year of Henry the sixth the Custom of Callis was 68000. pounds the year a great sum if you consider the weight of money then what price it bare and by reason hereof Princes not delighting to charge their murmuring 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 be some probable colour of the forbearance of imposing but I finde it quite contrary and that by Record For there was no such restraint of all Commodities not to be transported to any place but Gallis but onely Woolls Woolfells Leather Tinn and Lead that were staple Wares which by the Statute 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. 6. but there was no double Custom paid both here and there by the same owner but the yearly profits of the Customs of Callais at those times were so far short of that which hath been alledged in 27. H. 6. that it appeareth in an Act of Parliament 27. H. 6. cap. 2 printed in the book at large 27. H. 6. cap. 2. That the Commons do complain That whereas in the time of E. 3. the Custom of Callais was 68000 pounds per annum at that time which was 27. H. 6. by reason of the ill usage of Merchants it was fallen to be but 12000 pounds the year so then there was great cause in that respect to have set on Impositions by reason of that great abatement of Customs and yet it was not then offered to be done without assent of Parliament But if you look 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 Chancellor and Treasurer who demanded relief of the people for the King both for payment of his debts and for his yearly livelioood 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 were more then his yearly revenue by 19000. pounds yearly so if ever there was cause to put a King to his shifts it was then yet
Proclamation 17. H. 6. cited for a president that is because the Duke of Burgundy made an Ordinance whereby the Traffick of the English Nation was restrained that therefore the Englishmen should not traffick with the Subjects of the Duke of Burgundy The same thing enacted upon the like occasion 4. E. 4. c. 1. 19. H. 7. 4 E. 4. c. 1 19. H. 7. cap. 21. c. 21. The importation of divers Commodities forbidden as being prejudicial to the Manufactures within the Realm 6. H. 8. cap. 12. 6. H. 8. cap. 12. The exportation of Norfolk Woolls out of the Realm forbidden 26. H. 8 cap. 10. 26. H. 8. cap. 10. Power is given to the King to order and dispose of the Traffick of Merchants at his pleasure and the reason is given because otherwise the Leagues and Amities with foreign Princes might be impeached by reason of restraint made by divers statutes then standing on foot whereby it appeareth that it was not then taken to be Law that the King had an absolute power in himself to order and dispose of the course of Traffick without help of a Statute 2. E. 6. 2 E. 6. c. 9 cap. 9. Exportation of Leather restrained 1 1 2. P. M.c. 5. 2. Ph. Mar. The exportation of Herring Butter Cheese and other Victuals forbidden 18. Eliz. cap. 8. The exportation of Tallow 18. El. c. 8 Raw Hides Leather So in all times no use of Proclamations in matters of this nature but Acts of Parliament still procured Wherefore in mine opinion it behoveth them that do so earnestly urge this argument the King may restrain Traffick therefore may impose to prove better then they have done that the King may restrain Traffick of his own absolute power For as the natural policy and constitution of our Commonwealth is we may better say that is Law which is de more gentis then that which floweth from the reason of any man guided by his general notion and apprehension of power regal in genere not in individuo The last assault made against the right of the Kingdom was an Objection grounded upon policy and matter of State as that it may so fall out that an Imposition may be set by a foreign Prince that may wring our people in which case the counterpoise is to set on the like here upon the Subjects of that Prince which policy if it be not speedily execucuted but stayed until a Parliament may in the mean time prove vain and idle and much damage may be sustained that cannot afterwards be remedied This strain of policy maketh nothing to the point of right our rule is in this plain Commonwealth of ours Oportet neminem esse sapientiorem legibus If there be an inconvenience it is fitter to have it removed by a lawful means then by an unlawful But this is rather a mischief then an inconvenience that is a prejudice in present of some few but not hurtful to the Commonwealth And it is more tolerable to suffer an hurt to some few for a short time then to give way to the breach and violation of the right of the whole Nation For that is the true inconvenience neither need it be so difficult or tedious to have the consent of the Parliament if they were held as they ought or might be but our surest guide in this will be the example of our Ancestors in this very case and that in the time of one of the most politick Princes that ever reigned in this Kingdom 7. H. 7. 7. H. 7. cap. 7. cap. 7. you shall finde an Act of Parliament in which it was recited that the Venetians had set upon the English Merchants that laded Malmeseys at Candy four duckets of gold upon a But which in sterling is eighteen shillings the But. It was therefore enacted that every Merchant stranger that brought Malmsey into this Kingdom should pay eighteen shillings the But over and above the due Custom used this Imposition to endure until they of Venice had set aside that of four duckets the But upon the Englishmen Much hath been learnedly uttered upon this argument in the maintenance of the peoples right and in answering that which hath been pressed on the contrary but my meaning is not to express in this Discourse all that hath or may be said on either side but onely to make a remembrance somewhat larger of that which I my self offered as my symbolum towards the making up of this great rekoning of the Commonwealth which if it be not well audited may in time cost the Subjects of England very dear My hope is of others that labored very worthily in this business that they will not suffer their pains to die and therefore I have forborn to enter into their Province I will end with that saying of that true and honest Counsellor Philip Comines in his fifth book the 18. chapter Ph. Com. l. 5. c. 18. That it is more honorable for a King to say I have so faithful and obedient Subjects that they deny me nothing I demand then to say I levy what me list and I have priviledges so to do After the Kings Right to Impose had been thorowly examined in Parliament and there determined not to be in him alone without assent of Parliament among other Petitions of grievance given unto his Majesty this hereafter was concerning Impositions THe policy and constitution of this your Majesties Kingdom appropriates unto the Kings of this Realm with assent of Parliament as well the soveraign power of making Laws as that of taxing or imposing upon the Subjects Goods or Merchandizes wherein they justly have such a propriety as may not without their consent be altered or changed This is the cause that the people of this Kingdom as they have ever shewed themselves faithful and loving to their Kings and ready to aid them in all their just occasions with voluntary contributions so have they been ever careful to preserve their own Liberties and Rights when any thing hath been done to prejudice or impeach the same And therefore when their Princes either occasioned by War or by their over-great bounty or by any other necessity have without consent of Parliament set on Impositions either within the Land or upon Commodities exported or imported by the Merchants they have in open Parliament complained of it in that it was done without their consents and thereupon never failed to obtain a speedy and full redress without any claim made by the Kings of any Power or Prerogative in that point And though the Law of Propriety be originally and carefully preserved by the common Laws of this Realm which are as antient as the Kingdom it self yet those famous Kings for the better contentment and assurance of their loving Subjects agreed that this old fundamental Right should be further declared and established by Act of Parliament wherein it is provided that no such charge should ever be laid upon the people without their common consents