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
It is probable that Edward's counsellors wished to establish a
distinction, long afterwards revived by those of James I., between
customs levied on merchandise at the ports and internal taxes. The
statute entitled Confirmatio Chartarum had manifestly taken away the
prerogative of imposing the latter, which, indeed, had never extended
beyond the tenants of the royal demesne. But its language was not quite
so explicit as to the former, although no reasonable doubt could be
entertained that the intention of the legislature was to abrogate every
species of imposition unauthorized by parliament. The thirtieth section
of Magna Charta had provided that foreign merchants should be free from
all tributes, except the ancient customs; and it was strange to suppose
that natives were excluded from the benefit of that enactment. Yet,
owing to the ambiguous and elliptical style so frequent in our older
laws, this was open to dispute, and could, perhaps, only be explained by
usage. Edward I., in despite of both these statutes, had set a duty of
threepence in the pound upon goods imported by merchant strangers. This
imposition was noticed as a grievance in the third year of his
successor, and repealed by the Lords Ordainers. It was revived, however,
by Edward III., and continued to be levied ever afterwards.[105]
Edward was led by the necessities of his unjust and expensive war into
another arbitrary encroachment, of which we find as many complaints as
of his pecuniary extortions. The commons pray, in the same parliament of
20 E. III., that commissions should not issue for the future out of
chancery to charge the people with providing men-at-arms, hobelers (or
light cavalry), archers, victuals, or in any other manner, without
consent of parliament. It is replied to this petition, that "it is
notorious how in many parliaments the lords and commons had promised to
aid the king in his quarrel with their bodies and goods as far as was in
their power; wherefore the said lords, seeing the necessity in which the
king stood of having aid of men-at-arms, hobelers, and archers, before
his passage to recover his rights beyond sea, and to defend his realm of
England, ordained that such as had five pounds a year, or more, in land
on this side of Trent should furnish men-at-arms, hobelers, and archers,
according to the proportion of the land they held, to attend the king at
his cost; and some who would neither go themselves nor find others in
their stead were willing to give the king wherewithal he might provide
himself with some in their place. And thus the thing has been done, and
no otherwise. And the king wills that henceforth what has been thus done
in this necessity be not drawn into consequence or example."[106]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account