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the same year.
'tion of the great council of the kingdom, and | Burgundy made an ordinance whereby the for no other.
traílick of the English vation was restrained, In 11 E. 3, the exportation of woolls was that therefore the Englishmen should not trafprohibited by act of parliament, in which sta fick with the subjects of the duke of Burgundy. tute there was this clause, until that by the The same thing enacted upon the like occaking and his council it be thereof otherwise sion, 4 E. 4, c, 1. 19 H. 7, c. 21. the imporprovided: which power so given to the king, to tation of divers commodities forbidden, as bebe used for the good of the commonweaith, ing prejudicial to the manufactures within the gave occasion to him to abuse it to his profit reali. 6 H. 8, cap. 12. the exportation of and coinmodity, by giving licences of transpor- Nortolk woolls out of the realm forbidden. tation to all, that would give forty shillings upon 20 H. 8, cap. 10. power is given to the king to a sack of wooll above the due custom. This order and dispose of the traffick of merchants appeareth in the records in the Exchequer, 13 at his pleasure; and the reason is given, beE. 3, Rot. 2. Rem. Thes. I will describe the cause otherwise the leagues and anities with record, that you may perceive the ground of it foreign princes might be impeached by reason the better. • Rex collectoribus custumæ in of restraint made by divers statutes then stand
portu inagnæ Jermouth salutein. Quia con- ing on foot ; whereby it appeareth that it was cessimus dilecto et fideli nostro Hugoni de not then taken to be law, that the king had an • Wriothsley, quod ipse viginti et septein sac absolute por.er in himself to order and dispose *cos lanæ et dimid. de lanis suis propriis in of the course of traffick without help of a staportu prædicto carriare, et eas usque Ant-tnte. 2 E. O, cap. 9 exportation of leather rewerpe ad stapulain nostram ibidem ducere strained. 1 et 2 Ph. et Mar. the exportation
possit, solvendu ibidem dilecto clerico nostro of berring, butter, cheese, and other victuals • Willielmo de Northwel custodi guarderobæ forbidden. 18 Eliz. cap. 8. the exportation of
nostræ 40s. pro quolibet sacco pro custuma tallow, raw hides, leather. So in all times no • et subsidio inde nobis debitis, &c. vobis man use of proclamations in matters of this nature, damus, quod prædict. Hugon. dictos vigmti but acts of parliaments still procured. Where
sepiem saccos lanæ et dimid. in portu præ- fore in mine opinion it behoveth them that do * dicto carriare permittatis, &c.' And another so earnestly urge this argument, the king may
• Rex collectoribus custumæ, restrain traffick, therefore may impest, 10 &c. Cum nuper ordinaverimus, quod passa prove better then they have done, that the gium lanarum, &c. apertum existeret, ei quod king may restrain traffick of his own absolute sigilluin nostrum, quod dicitur coket, quod power :'for as the natural policy and constituprius claudi et sub serra custodiri mandavi- tion of our commonwealth is, we may better .mus, aperiretur, et apertum teneretur; ideo say, that is law which is de more gentis, then 'vobis mandavimus, quod sigillum prædictum that which floweth from the reason of any man
in portu prædicto aperiri, ei apertum teneri guided by his general notion and apprehension • faciatis, et omnes illos, qui hujusmodi lanas of power regal, in genere, not in indiciduo. • carriare et ducere velint, permittatis, recep The last assault inade against the right of 'tis prius ab iisdem, viz. de mercatoribus et the kingdom, was an objection grounded upon aliis indigenis 40s. de quolibet sacco lanæ.' | policy, and matter of state ; as, that it may so Divers other such sales of traffick occasioned fall out that an imposition may be set by a foby this partamentary restraint were made be reign prince that inay wring our people, in tween 11 E. 3, that the restraint was made, which case the counterpoise is, to set on the and 14 E. 3, that this inconvenience being es like here upon the subjects of that prince; pied, the sea was opened by statute, and the which policy, it it be not speedily executed, but restraint removed, 14 E. 3, stat. 2. c.4. 15 E. stayed until a parlianient, may in the mean 3, cap. 5. stat. 2. And this 40s, so exacted time prove rain and idle, and much damage was complained of as an imposition in parlia may be sustained that cannot afterwards be ment, and the occasion and the effect were remedied.--This strain of policy maketh noboib taken away together by act of parlia thing to the point of right. Our rule is in this ment, 14 E. 3, stat. 1. cap. 21. and stat. 2. plain cominonwealth of ours, 'oportet neminem
esse sapientiorem legibus.' If there be an inIt followed in all kings times sithence the convenience, it is filter to bave it removed by death of E. 3, that this opening and shutting of a lawful means, then by an unlawful. But this the havens, restraining and enlarging of traf- is rather a mischief then an inconvenience; fick, was done by act of parliament.--I will that is, a prejudice in present of some few, but give one instance in the reign of every king. not hurtful to the commonwealth. And it is 5 R. 2, cap. 2. stat. 2. for the passage of wooll more tolerable to suffer an hurt to some few wooll-fells and leather. 6 H. 4, cap. 4. for the for a short time, then to give way to the breach traffique and commerce with merchants alicns. and violation of the right of the whole nation; 2 H. 5, cap. 6.stat. 2. for the restraint of staple for that is the true inconnveience. Neither commodities to places certain, and for the need it be so difficult or tedious to liave the traffique of the merchants of the west. . 27 H. consent of the parliament, if they were held as 6, cap. 1. that is enacted in parliament, which they ought; or might be.
But our is contained in the proclamation 17 H. 6, cited guide in this will be the example of our ancesfor a precedent, that is, because the duke of iors in this very case, and that in the time of
one of the inost politick princes that ever not to express in this discourse all that hath or reigned in this kingdom. 1 11.7, cap. 7. you may be said on either side, but only to make skal finde an act of parliameni, in which it a remembrance soinewhat larger of that which was recited that the Venetians had set upon I myself offered as my symbolum towards the the English merchants that landed malinseis at making up of this great reckoning of the come Candy tour duckets of gold upon a butt, which mon ealth, whici ii be not well audiet, may in sterling is eighteen shillings the butt. it in time cost the subjects of England very dear. was therefore enacted, that every merchant My hope is of others, that lab vred very worstranyer, that brought inalmey inio this king-wiy in this business, that they will not suffer dom, should pay eighieen shillings the buit their pains to die, and therefore I have forborn over and above the due cu-toni used; this inn to enier into their province. I will end with position to endure, until they of Venice bad hat saying of that true and hone-t counsellor set aside that of tour duckits the butt upon Phip Comines in his fith bok, the 18th the Englishment
“ 'That it is more honorable for a king Much haid been learnedly uttered upon this to siy, ' I have so f'uithful and obedient subargument in the maintenance of the peoples jecia, that th y deny me nothing I demand,' right, and in answering that which haih been then to say, 'I levy what me list, and I have pressed on the contrary. But my meaning is | priviledes so to du.'”
[“ At the end of the foregoing Argument by Yelverton, an Extract from a Petition
of Grievances adétressed by the Commons to King James in 1010 is added, one subject or which is impositions by Prerogative. But the whole Petition is in Mr. Peiyt's Jus Paciiamentarium ; and as we are not aware, that it is to be found either in the Parliamentary liistory, the Journals of the Commons, or any other priated book, except the two before mentioned, it is here inserted as a fragment of some curiosity. To this Petition, we shall add lord Bacon's Speech on presenting it to the king. The king's Answer to so much of the Petition as regarded Impositions, is in the Parliamentary History, vol. i. p. 1132. Mr. Petyt, in his book hefore cited, gives some remarks of his own on the subject, with an extract from the Journal of the Lords for 230 May and 6th June 1012, when it was unsuccessfully attempted to obtain the Opinion of the Judges on the Question
of Imposition." Targrave.] PETITION OF GRIEVANCES by the Commons in sor's times, as you will rather hold it a work of
10:0, from Peiyi's Jus Pariiamentarium, great glory to reform them; since your majesty page 321.
kinoweth ndi that neither continuance of time, To the king's inost excellent Majesty.
nor errors of inen, can or ought to prejudice
truth or justice; and that nothing can be more No cious Sovereign; Your majesty's worthy of so worthy a king, nor inore answeramost humble commons assembled in parlia- ble to the great wisdom and goodness which ment, being moved as well out of their duty abound in you, than to understand the griets, and zeal to your maje-ty, as out of the sense and redress the wrongs of so loyal and well de of just griet, wherewith your loving subjects serving people. are generally through the whole realm at this In this contidence, dread sovereign, we offer tiine piss ssed, because they perceive their those Grievances, le particulars whereof are common and ancient right and liberi v to be hereunder set down, to your gracious consimuch declined and in imged in these late years, deration.--And we otser them out of the greatdo with all duty and lumity present these our est loyalty and duty, that subjects can bear to just complaints thereof 10 vour gracious view, their prince; mosi humbly and instantly bemost instantly craving justice therein, and due seeching your majesty, as well fior justice sake, redress. And although it be true, that many more than which, as we conce ve, in these peof the particulars, whereof we now complain, titions we do not seek, as also for the better were ot's me use in the late queen's time, and assu ance of the state, and general repose of your then wot much impugned, because the usage of faithtul and loving subjects, and for testimony thein being ihen more moderate, gave nuit so of your gracious acceptation of their full affecgreat orcasion of offence, and consequently not tions; declared as well by their joyful receiving so much cane to enquire into tie right and of your ynajesty at our happy entrance into these validity often; vet the right being now more king lums, which you have been ofien pleased thu roughly scanned, by restson of the great mis- with favour to rensember, as also by their exchiers and inconveniencies which the subjects traordinary contributious granted since unto have there! y sustained : we are very continent you, such as baie bren never yielded to any that. your majesty will be so far from'thunka former prince, upon the like terins and occa
it a point of honour or greatness to sions, that we may receive to these our comcontinue any grievance upon your people, be-pl tis your most gracious answer. Wbich we Cause you k and then begin in your predeces cannot doubt but will be such as inay be wor
thy of your princely self, and will give satisfac- comfort to them which now sufler ; partly tion and great confort to all your loyal and through the abating the price of native commost duurtul losing sutuje. (s, who do and will nodities, and p:rily through the raising of all pray for the happy preservation of your most toreigo: to the overthrow of merchants and royal bajesty.
shipping; the causing of a generall dearth and
decay of wealth among your people, who will New Impositions.
be hereby no less discouraged than disabled to The policy and constitution of this your supply your majesty, when occasion shall rekingdom appropriates unto the kings of this quiie it. realm, with the ansent of the parliinent, as well the sovereign power of making laws, as
Ecclesiastical Commissions. that of taxing, or imposing upon the subjects Whereas by the statute 1 Eliz. cap. 1. intigoods or merchandizes, wherein they have ruled. An Aci restori Ig to the crown the ancient justly su h a propriety, as may not without Jurisdiction over the state Ecclesiastical,' &c. their consent be alie ed or changed.
power was given to the queen and her succesThis is the cause that the people of this sors, 10 con-titute and make a commission in kin dom, as t'ey ever shewed themselves fub causes ecclesiastical; The said act is found to. ful and loving to their kings, and ready to aid be convenient and of dangerous extent in them in all thi: just occasions with voluntary divers resvects : 1. For that it enableth the contributi os: so have they been ever careföl making of such a commission, as well to any to preserve their own liberties and rights, when One subject born as to more. 2. For that, any thing hath been done to prejudice or im whereasty the intention and words of the stapeach the same.-. And theret re, when their lute, eccle-iastical jurisdiction is restored to the princes, occasioned en her by their wars, or crow, and your bighoess by that statute entheir over greit bounty, or by any other neces abled to give only such power ecclesiastical to sity, have without consent of parliament set the said commissioners; yet under colour of impo-itions cither "ii in the land or upen com soine words in that statute, where the commismodities enie. Opisted or imported by the sio .ers are authorised to execute their commismercbant; they have in open parliament con niin, according to the tenor and effect of your plained of it, in that it was done without their highne s's leitirs parents, and by letters patents consents; antihereupon never fuled to obtain ur :und" thereupon; the said commissioners a speely and full redress, without any claim do fine and imprison, and exercise other aumade by the kings of any power or prerogativi trority not belonging to the ecclesiastical jurisju that point. —And though the law of propriety ciction restored by that statute; which we conbe originally and carefully preserved by the ceive to be a great wrong to the subject; and common laws of this realm, which are as an that those commissioners might as well, by cient as the kingdom itself; yet these famous colour of those words, if they were so authokings, for the better contentment and assurance risert by your hiyliness's letters patents, fine of their loving subjects, agreed, that this old without stint, and imprison without limitation fundamental right should be farther declared of time; as also, according to will and discreand established by act of parliament: wherein tion, without any rules of law, spiritual or temit is provided, that no such charges should ever poral, adjudge and impuse otter confiscation of be laid upon the people, without their common gouds, forfeiture of lands; yea and the taking consent; as may appear by sundry records of way of a limb, and of life itself; and this foc former times.
any matter whatsoever pertaining to spiritual We 'therefore, your majesty's most humble jurisdiction. Which never was nor could be commons assembled in parliament, following meant by the makers of that law. 3. For the example of this worthy care of our an es that hy ihe statute, the king and his successors tors, and oot of a duty to those for whom we (lowever your majesty hath been pleased out of serve, finding that your majesty, without advice your gracious disposition otherwise to order) or consent of parliament, hath lately in time of may make and direct such commission into all peace set both greater impsitions, and far the counties and dioceses, yea into every parish more in number, than any your noble ancestors of Enyland; and thereby all causes may be did ever in time of war, have with all humility taken from jurisdiction of bishops, chancellors presurned to present this most just and neces and archdeacons, and laynen solely to be ensary Petition unto your majesty, that all impo- ailed to excommunicate and exercise all other sitions set without the as-ent of parliament may censures spiritual. 4. That every petty offence, be quite aboli:hed and taken away: and that pertaining to spiritual jurisdiction, is by colour your majesty, in imitation likewise of your no of the sul words and letters patents, grounded ble progenitors, will be pleased, that a law may therrupon, made subject to excommunication be made during this session of parliament, to and pu ishment by that strange and exorbitant declare, that all impositions set or to be set power and commission; whereby the least ofupon your people, their goods or merchandises, fenders, not committing any thing of any enorsave only by common assent in parliament, are mous or high nature, may he drawn from the and shall be void: wherein your majesty shall most remote places of the kingdom to London not give your subjects good satisfactivin in point or York; which is very grievous and inconof their right, but also bring exceeding joy and renient, 5. For that limit touching causes
subject to this commission, being only with appoint and allot to women discontented at and these words; viz. such as pertain to spiritual unwilling to live with their husbands, such por• or ecclesiastical jurisdiction;' it is very hard tion and allowance for present maintenance, as to know wbat inatters or offences are included to them shall seem meet; to the great encouin that number : and the rather because it is ragement is wives to be disobedient and conunknown, what ancient canons or laws spiritual temptuous against their busbands. 3. In that are in force, and what not. From hence their pursuivants and other ministers employed ariseth great inconveniency, and occasion of in the apprehension of su-pected oftenders in contention.
any thing spiritual, and in the searching for any And whereas upon the saine statute a Com- supposed scandalous books, use to break open mission Ecclesiastical is made, therein is griev mens houses, closets, and desks, rifiing all corance apprehended thus : 1. For that thereby ners and secret custodies, as in cases of high the same men have both spiritual and temporal treason or suspicion thereof. jurisdiction, and may both force the party by All which premises, amongst other things oath to accuse himself of any offence, and also considered, your majesty's most loyal and dutienquire thereof by a jury: and lastly, may in- ful commons in all humbleness beseech you, flict for the same oftence at the same time, and that for the easing of them, as well from the by one and the same sentence, both a spiritual present grievance, as from the fear and possiand a temporal jurisdiction. 2. Whereas upon bility of greater in times furure, your bigliness sentences of deprivation or other spiritual cen would vouchsafe your royal assent imd allowsures given by force of ordinary jurisdiction, an ance to and for the ratifying of the said statute, appeal Iyeth for the party aygrieved, that is and the reducing thereof, and consequently of here excluded by express words of the commis- the said commission, to reasonable and convesion. Also here is to be a trial by jury, yet no nient limits, by some act to be passed in the remedy by traverse nor attaint; neither can a present session of parliainent. man have any writ of error, though a judgment or sentence be given against him, amounting to
Proclamations. the taking away of all his goods, and imprison Amongst many other points of bappiness ing of hun during life, yea, to the adjudging and freedom, which your majesty's subjects of him in case of præmunire, whereby his lands this kingdom bave enjoyed under your royal are forfeited, and he out of the protection of progenitors, kings and queens of this realm, the law. 3. That whereas penal laws and of- there is none which they have accounted more fences against the same cannot be determined dear and precious than this, to be guided and in other courts, or by other persons than by governed by certain rule of law, which giveth those trusted by parliament with the execution both to the head and members that which of thereof; yet the execution of many such sta- right belongeth to them; and not by any untutes (divers whereof were made since the first certain or arbitrary form of government.of Eliz.) are commended and committed to Which, as it hath proceeded from the original these commissioners ecclesiastical, who are and constitution and temperature of this estate, either to inflict the puvishment contained in so hath it been the principal means of upholdthe statute being præmunire, and of other high ing the same in such sort, as that their kings nature, and so enforce a man upon his own oath have been just, beloved, happy and glorious ; to accuse and expose himself to those punish- and the kingdom itself peaceable, flourishing ments, or else to inflict other temporal punish- and durable, so many ages. And the effect, as ments at their pleasure. And yet besides and well of the contentinent that the subjects of after that done, the party shall be subject, in this kingdom have taken in this form of governthe courts mentioned in the acts, lo punishment, as also of the love, respect and duty, ment by the same acts appointed and inflicted. which they have, by reason of the same, renWhich we think very unreasonable. 4. That dered unto their princes, may appear in this, the commission giveth authority to enforce men that they have, as occasion hath required, yieldcalled into question, to enter into recognizance, ed more extraordinary and voluntary contribunot only for appearance from time to time, but tions to assist their kings, than the subjects of also for performance of whatsoever shall be by any other known kingdon whatsoever.-Out the coinmissioners ordered.
of this root hath grown the indubitable right of And also that it giveth power to enjoin the people of this kingdom, not to be made subparties defendant or accused to pay such fees ject to any punishment that shall extend to to the ministers of the court, as by the com their lives, lands, bodies or goods, other than missioners shall be thought fyt.
such as are ordained by the common-laws of Aod touching the execution of the commis- this land, or the statutes made by their common sion, it is found grievous these ways among consent in parliament.-Nevertheless, it is apother : 1. For that laymen are by the commis parent, both that Proclamations have been of sioners punished for speaking (otherwise than late years much more frequent than heretofore, in judicial places and courses) of the simony and that they are extended, not only 10 the and other inisdemeanors of the spiritual nen, liberty, but also to the goods, inheritances, and though the thing spoken be true, and the speech livelihood of men; some of them tending to tending to the inducing of some condigo punish- alter some points of the law, and inake thein ment. %. In that these commissioners usually new: Other some made shortly after a session of
Parliament, for matter directly rejected in the some points of the law, and making new: 11 same session: Other appointing punishments to Jan. 1 Jac. fol. 57. forhiddeth chusing of be inflicted before lawful trial and conviction ; knights aod burgesses bankrupt or outlawed; Some containing penalties in form of penal and commandeth choice of such as are not only statutes ; Some referring the punishment of taxed to subsidies, but also have ordinarily offenders to the courts of arbitrary discretion, paid and satisfied the same, fol. 57.- If returns which have laid heavy and grievous censures be made contrary to proclamation, they are to upon the delinquents : Some, as the proclama-be rejected as unlawful and insuficient, fol. 60. tion for starch, accompanied with letters com -25 Aug. 5 Jac. fol. 151. That the Proclamainanding enquiry to be made agninst trans tion should be a warrant to any officer or subgressors at the quarter sessions : And some ject to seize starch, and to dispose or destroy vouching former Proclamations, to countenance any stuff, &c. And restraineth all men not and warrant the latter; as by a catalogue here- licenced to make starch, fol. 154. under written inore particularly appeareth. By 2. A Proclamation made shorıly after parliareason whereof there is a general fear conceiv- ment, for matter directly rejected the preceed and spread amongst your majesty's people, dent session : 1 March, 2 Jac. fol. 112. A that Proclamations will by degrees grow up and proclamation for building with brick, after a increase to the strength and nature of laws. bill to that end rejected. Whereby not only that ancient happiness (free 3. Proclamations touching the freehold livedom) will be as inuch blemished (if not quite lihood of men : 16 Sept. 1 Jac. fol. 41. Raistaken away) which their ancestors have so long ing and pulling down houses authorised, and enjoyed; But the same may also in process of prohibition to build them again at any time.tiine) bring a new form of arbitrary government | 12 Oct. 5 Jac. fol. 160. Forbidding building upon the realm. And this our fear is the more and taking away the materials; and appointing increased, by occasion as well of certain books the owners land to be lett by other men at lately published, which ascribe a greater power what price they please, fol. 101. to proclamations than heretofore hath' been 4. Proclamations, referring punishments to conceived to belong unto them: as also of the be done by justices of the peace, mayors, care taken to reduce all the Proclamations made bailiffs, constables, and other officers; or since your majesty's reign into one volume, and seizure by persons who have no authority to to print them in such form as acts of parlia- enquire, hear and determine of those offences ; meot forinerly have been, and still are used to so it is to be inflicted before lawful trial and be; which seemeth to imply a purpose to give conviction. 8 Jan. 2 Jac. fol. 72. A prothem more reputation and more establishment clamation for folding wools, &c. 23 August, than beretofore they have had.
5 Jac. fol. 151. A seizure of starch, &c. We therefore, your majesty's humble sub 5. Proclamations penned with penalties, in jects, the commons in this parliament assem form of penal statutes: 4 Nov. 1 Jac. fol. ... bled, taking these matters into our considera- Pain of confiscation of goods. 18 Jan, 2 Jac. tion, and weighing how much it doth concern fol. 72. Ten days imprisonment, and standing your majesty both in honour and safety, that in the pillory.—Justices of peace to forfeit 207. such impressions should not be inforced to if they see not the proclamation of folding settle in your subjects minds, have thought it woolls executed. 23 Aug. 5 Jac. fol. 151. Forto appertain to our duties as well towards your feiture of one moiety of starch, &c. seized, &c. majesty, as to those that have trusted and sent 6. Punishment of offenders in courts of arbius to their service, to present unto your ma trary discretion, as Star-Chamber : 1 March, 2 jesty's view these fears and griefs of your Jac. fol. 102, Proclamation for building.–12 people; and to become humble suitors unto Oct. 5 Jac. fol. 159, a Proclamation for build. your majesty, that thenceforth no fine or for-ing.-July, 6 Jac. fol. 177, Proclamation for feiture of goods, or other pecuniary or corporal starch.-25 July, 6 Jac. fol. 180, Proclamapunishment, may be inflicted upon your sub- tion for building. jects, (other than restraint of liberty, which we 7. Fornier Proclamations become precedents, also humbly beseech may be but upon urgent and vouched in latter Proclainations. 18 June, necessity, and to continue but 'till other order 2 Jac. fol. 75, avouched 5 Ed. 6. and 4 Eliz. may be taken by course of law) unless they fol. 73.-25 July, 6 Jac. fol. 180, mentioneth shall oflend against some law or statute of this former Proclamations against buildings, and realm in force at the time of their offence com- explaineth and qualifieth them. mitted; und for the greater assurance and comfort of your people, that it will please your
Wrils of Prohibition, &c. majesty to declare your royal pleasure to that Your majesty's commons, in this session of purpose, either by some law to be made in this parliament assembled, do chearfully acknonsession of parliament, or by some such other ledye the spring and fountain of public justice course, whereof your people may take know- of this state to be originally in your majesty, ledge, as to your princely wisdoin shall seem For the benefit thereof is conveyed and derived most convenient.
into every member of this politic body by your A Catalogue of some of the Proclamations bighness's writs. compluined of
Amongst which none are more honourable 1. Proclamations importing alterations of for the support of the common justice of die