proviso, viz. Provided always, that this grant of a Subsidy of Woolls, &c. and of Tun∣nage and Poundage in time to come, shall not be taken in example, to charge the Lords or Com∣mons of this Realm with any manner of Subsi∣dy for the safeguard of Calice, &c. nor for the defence of the Realm, nor for the safeguard of the Seas, unless it be by the will of the Lords and Commons of the Realm, and that by a new grant to be made, and that in full Parliament to come: by this it appeareth, that it was then pro∣vided, that no charge should be laid upon the Lords or Commons, no not for the defence of the Realm, but by grant in full Parliament.
13 H. 4. n. 43. A Petition was in Parliament, reciting, that there was an Office granted of Al∣nager within London, and the Suburbs of the same, with Fees to that appertaining, where any such Office never was, nor any such Fees apper∣taining thereunto; and that by colour thereof, they levy ob. of the buyer, and ob. of the seller; and upon sale of every hundred Ells of Canvas▪ a peny of the seller, and a peny of the buyer, wrongfully against the Statutes in the time of your Highness Progenitors made to the contra∣ry; by which it is ordained, that no Talliage nor Aid shall be granted nor levied, without assent and consent of the Lords and Commons of your Realm, as by the said Statute fully is declared: wherefore they pray, that such Letters Patents made thereof shall be void, and holden for none: And this was granted; whereby it appeareth, that it is declared then in Parliament, that these Statutes were, and did continue, that no Talliage or Aid shall be levied without grant in Parlia∣ment.
1 R. 2. cap. 2. It is enacted in these words; Our Soveraign Lord the King, remembring how the Commons of this Realm by new and unlaw∣ful inventions, and inordinate Covetize against the Laws of this Realm, have been put to great servitude, and importune charges and exactions, and especially by a new Imposition, called a Be∣nevolence, whereby divers Subjects of this Land, against their wills and liberties have paid great sums of money, &c. It is enacted and ordained, That the Subjects and Commons of this Realm from henceforth shall in no wise be charged by such charges or Impositions, called a Benevolence, or by such like charge; and that such exactions, called a Ben••volence, before that time taken, shall be taken for no example, to make any such, or any like charge of any his Subjects of this Realm hereafter, but shall be damned and annulled for ever.
By this it appeareth, that it is expresly provi∣ded, that the Subjects shall not be charged by way of Benevolence (which is in nature of a free gifts nor such like charge•• that is, no charge of money shall be upon the Subjects for any pre∣tence whatsoever, be it for defence in time of danger, or the guarding of the Seas.
The last and concluding Statute is the Petition of Right, made in the third year of his Maje∣sties Reign, where reciting, that it was enacted by a Statute made in the time of E. 1. commonly called, Statutum de Tallagio non concedendo, that no Tallage or Aid shall ••e laid or levied by the King or his Heirs in this Realm, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, and other the Freemen of the Commonalty of this Realm: And by a Sta∣tute of 25 E. 3. That none shall be compelled to make any Loans to the King, because such Loans were against reason, and the Franchise of the Land: And by another Statute, that none shall be charged by any Impositions, called a Benevo∣lence; by which Statutes, and other the good Sta∣tutes of this Realm, your Subjects have inherited this freedom▪ That they shall not be compelled to contribute to any Tax; Tallage, Aid, or other like charge not set by Parliament.
And then they pray, that none hereafter be compelled to make or yield any Gift, Loan, Be∣nevolence, Tax, or such like charge, without common consent by Act of Parliament.
And after five other things there mentioned, the conclusion is, all which they pray is their Rights and Liberties; unto which the King an∣swers, let Right be done, as is desired, which is a full and perfect Statute, shewed in this point the liberty of the Kingdom prayed and allowed, which was not done without the advice of the Judges then being, whereof I was one; whose O∣pinions were then demanded, and resolved, that the same did not give any new liberty, but de∣clared what the liberty of the Subject was in this amongst others, that they should not be compel∣led to be contributary to any Tax, Tallage, Aid, nor any like charge not set by Parliament.
By reason of all which Statutes, especially of those of 25 E. 1. ••4 E. 1. and 14 E. 3. being in the Negative, and in force; I conceive that these Writs, to lay such a charge, is against the Law, and so the Assesment by colour thereof not law∣ful.