The History of Parliamentary Taxation in EnglandMorgan, Shepard Ashman
History
The History of Parliamentary Taxation in England
Morgan, Shepard Ashman
Taxation -- Great Britain; Taxation -- Great Britain -- History
Edward I, when he signed “Confirmatio Cartarum,” in an inconclusive
way handed over to Parliament the right to consent to all taxation
before it be levied; in other words, hereafter Parliament had grounds
upon which it could contest arbitrary exactions of the crown. That the
grounds for objection were not absolute and that Edward left a loophole
by which he could escape will appear upon a consideration of the
articles themselves.
[The tax provisions of Confirmatio Cartarum]
The first four chapters of Confirmatio Cartarum have to do with the
bare reissuance of the Charter of Henry III, and penalties for their
infraction. The fifth is more to the point; it provides that the recent
exactions shall not be taken into precedent for future taxation.[183]
The sixth chapter brings the issue directly before us and exhibits
also the loophole by which the king might find his escape from it, if
he should have the inclination and the power to do so. It says that
“for no business from henceforth we shall take of our realm such manner
of aids, tasks, nor prises, but by the common assent of all the realm,
and for the common profit thereof, saving the ancient aids and prises
due and accustomed.”[184] The chapter going on in reference to the evil
custom of forty shillings on every sack of wool, commonly known as the
“maletolt,” says, “We ... have granted that we will not take such thing
nor any other without their common assent and good will; saving to us
and our heirs the custom of wools, skins, and leather, granted before
by the commonalty aforesaid.”
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