View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
[101] Rot. Parl. vol. ii. p. 66. The Lords' committee observe on this
passage in the roll of parliament, that "the king's right to tallage his
cities, boroughs, and demesnes seems not to have been questioned by the
parliament, though the commissions for setting the tallage were objected
to." p. 305. But how can we believe that after the representatives of
these cities and boroughs had sat, at least at times, for two reigns,
and after the explicit renunciation of all right of tallage by Edward I.
(for it was never pretended that the king could lay a tallage on any
towns which did not hold of himself), there could have been a parliament
which "did not question" the legality of a tallage set without their
consent? The silence of the rolls of parliament would furnish but a poor
argument. But in fact their language is expressive enough. The several
ranks of lords and commons grant the fifteenth penny from the
commonalty, and the tenth from the cities, boroughs, and demesnes of the
king, "that our lord the king may live of his own, and pay for his
expenses, and not aggrieve his people by excessive (outraiouses) prises,
or otherwise." And upon this the king revokes the commission in the
words of the text. Can anything be clearer than that the parliament,
though in a much gentler tone than they came afterwards to assume,
intimate the illegality of the late tallage? As to any other objection
to the commissions, which the committee suppose to have been taken,
nothing appears on the roll.
[102] Rot. Parl. vol. ii. p. 104.
[103] Id.
[104] Rot. Parl. vol. ii. p. 161.
[105] Case of impositions in Howell's State Trials, vol. ii. p. 371-519;
particularly the argument of Mr. Hakewill. Hale's Treatise on the
Customs, in Hargrave's Tracts, vol. i.
Edward III. imposed another duty on cloth exported, on the pretence
that, as the wool must have paid a tax, he had a right to place the
wrought and unwrought article on an equality. The commons remonstrated
against this; but it was not repealed. This took place about 22 E. III.
Hale's Treatise, p. 175.
[106] Rot. Parl. p. 160.
[107] p. 161, 166, 201.
[108] 25 E. III. stat. v. c. 8.
[109] Rot. Parl. vol. ii. p. 366.
[110] Prynne's 4th Register, p. 289.
[111] Rot. Parl. p. 304.
[112] Rot. Parl. p. 310. In the mode of levying subsidies a remarkable
improvement took place early in the reign of Edward III. Originally two
chief taxors were appointed by the king for each county, who named
twelve persons in every hundred to assess the moveable estate of all
inhabitants according to its real value. But in 8 E. III., on complaint
of parliament that these taxors were partial, commissioners were sent
round to compound with every town and parish for a gross sum, which was
from thenceforth the fixed quota of subsidy, and raised by the
inhabitants themselves. Brady on Boroughs, p. 81.
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