Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
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 exchequer,
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 fee-simple that were ever heard of in this kingdom. This
judgment, and the right of imposing thereupon assumed, was questioned
in septimo and duodecimo[18] of that king, and was the cause of the
breach of both those parliaments. In 18 and 21 Jacobi, indeed, it was
not agitated by this House, but only that they might preserve the
favor of the king, for the despatch of some other great businesses,
upon which they were more especially attentive.[19] But in the first
of his present Majesty, it necessarily came to be remembered, upon
the proposition on the King’s part, for renewing the bill of tonnage
and poundage; yet so moderate was that Parliament, that they thought
rather to confirm the impositions already set by a law to be made,
than to abolish them by a judgment in Parliament; but that and divers
ensuing parliaments have been unhappily broken, before that endeavor
could be accomplished: only at the last meeting a remonstrance was
made concerning the liberty of the subject in this point; and it hath
always been expressed to be the meaning of the House, and so it was
(as he said) his own meaning in the proposition now made, to settle
and restore the right according to law, and not to diminish the king’s
profit, but to establish it by a free grant in Parliament.
Public-domain text, read in full here on John Shaqi.
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