ments, as if such articles had the force of canons; and this was an effect of great presumption and boldness, not only in the bishops, but in the archdeacons, officials, and chancellors, taking upon themselves a kind of synodal authority. The injunctions of this kind might, indeed, well partake in name with that part of the common law which is called the extravagants!

Having despatched these several points, he proceeded to the third kind of grievances, being such as are against the common justice of the realm, in the liberty of our persons, and propriety of our estates, of which he had many to propound in doing whereof, he would rather observe the order of time, wherein they were acted, than of consequence; but when he should come to the cure, he should then persuade the House to begin with those which were of most importance, as being now in execution, and very much pressing and exhausting the commonwealth.

He began with the tonnage and poundage and other impositions not warranted by law; and because these burdens had long lain upon us, and the principles which produced them are the same from whence divers others are derived, he

thought it necessary to premise a short narrative and relation of the grounds and proceedings of the power of imposing herein practised. 17 It was a fundamental truth, essential to the constitution and government of this kingdom-an hereditary liberty and privilege of all the freeborn subjects of the land-that no tax, tallage, or other charge might be laid upon us, without common consent in Parliament. This was acknowledged by the Conquerro; ratified in that contract which he made with this nation, upon his admittance to the kingdom; declared and confirmed in the laws which he published. This hath never been denied by any of our kings-though broken and interrupted by some of them, especially by King John and Henry III. Then, again, it was confirmed by Mag. Chart., and other succeeding laws; yet not so well settled but that it was sometime attempted by the two succeeding Edwards, in whose times the subjects were very sensible of all the breaches made upon the common liberty, and, by the opportunity of frequent parliaments, pursued them with fresh complaints, and for the most part found redress, and procured the right of the subject to be fortified by new statutes.

He observed that those kings, even in the acts whereby they did break the law, did really affirm the subject's liberty, and disclaim that right of imposing which is now challenged: for they did usually procure the merchants' consent to such taxes as were laid, thereby to put a color of justice upon their proceeding; and ordinarily they were limited to a short time, and then propounded to the ratification of the Parliament, where they were cancelled or confirmed, as the necessity and state of the kingdom did require. But for the most part such charges upon merchandise were taken by authority of Parliament, and granted for some short time, in a greater or lesser proportion, as was requisite for supply of the public occasions -six or twelve in the pound, for one, two or three years, as they saw cause to be employed for the defence of the sea: and it was acknowledged so clearly to be in the power of Parliament, that they have sometimes been granted to noblemen, and sometimes to merchants, to be disposed for that use. Afterward they were granted to the King for life, and so continued for divers descents, yet still as a gift and grant of the Commons.

Betwixt the time of Edward III. and Queen

Mary, never prince (that he could remember) offered to demand any imposition but by grant in Parliament. Queen Mary laid a charge upon cloth, by the equity of the statute of tonnage and poundage, because the rate set upon wool was much more than upon cloth; and, there being little wool carried out of the kingdom unwrought, the Queen thought she had reason to lay on somewhat more; yet not full so much as brought them to an equality, but that still there continued a less charge upon wool wrought into cloth, than upon wool carried out unwrought; until King James' time when upon Nicholson's project, there was a further addition of charge, but still upon pretence of the statute, which is that we call the pretermitted custom.

In Queen Elizabeth's time, it is true, one or two little impositions crept in, the general prosperity of her reign overshadowing small errors and innovations. One of these was upon currants, by occasion of the merchants' complaints that the Venetians had laid a charge upon the English cloth, that so we might be even with them, and force them the sooner to take it off. But this being demanded by King James, was denied by one Bates, a merchant, and upon a

suit in the exchecquer, was adjudged for the King. Now the manner of that judgment was thus: There were then but three judges in that court, all differing from one another in the grounds of their sentences. The first was of opinion, the King might impose upon such commodities as were foreign and superfluous, as currants were, but not upon such as were native and to be transported, or necessary, and to be imported for the use of the kingdom. The second judge was of opinion, he might impose upon all foreign merchandise, whether superfluous or no, but not upon native. The third, that for as much as the King had the custody of the ports, and the guard of the seas, and that he might open and shut up the ports as he pleased, he had a prerogative to impose upon all merchandise, both exported and imported. Yet this single, distracted, and divided judgment, is the foundation of all the impositions now in practice; for, after this, King James laid new charges upon all commodities outward and inward, not limited to a certain time and occasion, but reserved to himself, his heirs and successors, forever,-the first impositions in feesimple that were ever heard of in this kingdom. This judgment, and the right of imposing there