Note 17 — LETTER IV.
Reading edition
Rege Angliæ nihiltale, nisi convocatis primis ordinibus et assentiente populo, suscipiunt. Phil. Comines.
These gifts entirely depending on the pleasure of the donors, were proportioned to the abilities of the several ranks of people, who gave, and were regulated by their opinion of the public necessities. Thus Edward I. had in his 11th year a thirteenth from the laity, a twentieth from the clergy; in his 22d year, a tenth from the laity, a sixth from London, and other corporate towns, half of their benefices from the clergy; in his 23d year, an eleventh from the barons and others, a tenth from the clergy, and a seventh from the burgesses, &c.
Hume's History of England.
The same difference in the grants of the several ranks, is observable in other reigns. In the famous statute de tallagio non concedendo, the King enumerates the several classes, without whose consent he and his heirs should never set or levy any tax. "Nullum tallagium vel auxilium, per nos, vel hæredes nostros, in regno nostro ponatur seu levetur, sine voluntare et assensu archiepiscoporum, episcoporum, comitum, baronum, militum, burgensium, et aliorum liberorum de regno nostro." 34 E. I.
Lord Chief Justice Coke in his comment on these words, says, "for the quieting of the Commons, and for a perpetual and constant law for ever after, both in this and other like cases, this act was made." "These words are plain without scruple; absolute without any saving."
2 Coke's Inst. p. 522, 523.
Little did the venerable judge imagine, that "other like cases" would happen, in which the spirit of this law would be despised by Englishmen, the posterity of those who made it.