84 XVI. 1377. fines"; extending the authority of the privy CHA P. council or star-chamber to the decifion of private caufes "; enlarging the power of the marefchal's and other arbitrary courts "; imprisoning members for freedom of fpeech in parliament '; obliging people without any rule to fend recruits of men at arms, archers, and hobblers to the 86 army 87 BUT there was no act of arbitrary power more frequently repeated in this reign, than that of impofing taxes without confent of parliament. Though that affembly granted the king greater fupplies than had ever been obtained by any of his predeceffors, his great undertakings and the neceffity of his affairs obliged him to levy ftill more; and after his fplendid fuccefs against France had added weight to his authority, thefe arbitrary impofitions became almoft annual and perpetual. Cotton's Abridgment of the records affords numerous inftances of this kind, in the first " year of his reign, in the thirteenth year 89 in the fourteenth " in the twentieth in the twentyin the twenty-fecond fifth ", in the thirty-eighth 92 first " 94 90 and in the fifty-first ". 93 in the twenty 96 95 in the fiftieth ". 9.7 P. 1520 С НА Р. XVI. 1377. 98 100 The king openly avowed and maintained this power of levying taxes at pleasure. At one time, he replied to the remonftrances made by the commons against it, that the impofitions had been exacted from great neceffity, and had been affented to by the prelates, earls, barons, and fome of the commons ; at another, that he would advife with his council". When the parliament desired, that a law might be enacted for the punishment of fuch as levied thefe arbitrary impofitions, he refused compliance In the fubfequent year, they defired that the king might renounce this pretended prerogative; but his anfwer was, that he would levy no taxes without neceffity, for the defence of the realm, and where he reafonably might use that authority. This incident paffed a few days before his death; and thefe were, in a manner, his laft words to his people. It would feem, that the famous charter or ftatute of Edward I. de tallagio non concedendo, though never repealed, was fuppofed to have already loft by age all its authority. THESE facts can only fhow the practice of the times: For as to the right, the continual remonftrances of the commons may seem to prove that it rather lay on their fide: At least, these remonftrances ferved to prevent the arbitrary practices of the 98 Cotton, p. 53. He repeats the fame anfwer in p. 60. 101 99 Ibid. P. 132. 300 XVI. 1377. court from becoming an established part of the CHA P. conftitution. In fo much a better condition were the privileges of the people even during the arbitrary reign of Edward III. than during fome fubfequent ones, particularly thofe of the Tudors, where no tyranny or abufe of power ever met with any check or oppofition, or fo much as a remonftrance, from parliament. In this reign we find, according to the fentiments of an ingenious and learned author, the first ftrongly marked and probably contefted diftinction between a proclamation by the king and his privy. council, and a law which had received the affent of the lords and commons 102 103 IT is eafy to imagine, that a prince of fo much fense and spirit as Edward, would be no flave to the court of Rome. Though the old tribute was paid during fome years of his minority he afterwards withheld it; and when the pope in 1367 threatened to cite him to the court of Rome, for default of payment, he laid the matter before his parliament. That affembly unanimoufly declared, that king John could not, without a national confent, fubject his kingdom to a foreign power: And that they were therefore determined to fupport their fovereign against this unjuft pretenfion ***. 102 104 104. Obfervations on the ftatutes, p. 193. CHAP. XVI. 1377. DURING this reign, the ftatute of provifors was enacted, rendering it penal to procure any presentations to benefices from the court of Rome, and fecuring the rights of all patrons and electors, which had been extremely encroached on by the pope By a fubfequent ftatute', every perfon was out-lawed who carried any caufe by appeal to the court of Rome *. 106 THE laity at this time feem to have been extremely prejudiced against the papal power, and even fomewhat against their own clergy, because of their connexions with the Roman pontiff. The parliament pretended, that the ufurpations of the pope were the cause of all the plagues, injuries, famine, and poverty of the realm; were more deftructive to it than all the wars; and were the reafon why it contained not a third of the inhabitants and commodities, which it formerly poffeffed: That the taxes, levied by him, exceeded five times thofe which were paid to the king: That every thing was venal in that finful city of Rome; and that even the patrons in England had thence learned to practise fimony without fhame or remorfe 7. At another time, they petition the king to employ no churchman in any office of ftate ; and they even fpeak in plain terms, of expelling by force the papal authority, and thereby providing a remedy against 108 107 25 Edw. III. 27 Edw. III. 38 Edw. III. 708 Ibid. 112. 107 106 27 Edw. III. Cotton, p. 74. 128, 129. XVI. 1377. oppreffions, which they neither could nor would c HA P. any longer endure ". Men who talked in this ftrain, were not far from the reformation: But Edward did not think proper to fecond all this zeal. Though he paffed the ftatute of provifors, he took little care of its execution; and the parliament made frequent complaints of his negligence on this head ". He was content with having reduced fuch of the Romish ecclefiaftics, as poffeffed revenues in England, to depend entirely upon him by means of that statute. As to the police of the kingdom during this period, it was certainly better than during times of faction, civil war, and disorder, to which England was so often expofed: Yet were there feveral vices in the conftitution, the bad confequences of which all the power and vigilance of the king could not prevent. The barons, by their confederacies with thofe of their own order, and by fupporting and defending their retainers in every iniquity " were the chief abettors of robbers, murderers, and ruffians of all kinds; and no law could be executed againft those criminals. The nobility were brought to give their promife in parliament, that they would not avow, retain, or fupport any felon or breaker of the law *** ; yet this engagement, which we may wonder to see exacted from men of their 209 112 Cotton, p. 4T. cap. 2. 15 Edw. III. cap. 4. Cotton, p. 10. |