[The Petition of Right and customs duties]
But the language of the Petition of Right might reasonably be taken to refer only to internal taxes and that the matter of customs duties, the charges upon merchandise at the outports, was left still in the air. Protests had indeed been made against the exaction of these duties by the crown, especially during the reign of James in the great agitation over the Book of Rates, but no statute had been passed providing definitely for parliamentary control. To that end, the commons delayed the passage of a bill which gave the king tunnage and poundage for life, pending the acceptance by him of a remonstrance against impositions. The remonstrance as framed by the commons declared that “there ought not any imposition to be laid upon the goods of merchants, exported or imported, _without the common consent by Act of Parliament_.”[344] It further made assertion that the laying of impositions at the outports was contrary to the Petition of Right. The king’s attitude was decisive; before the remonstrance was handed to him, he evaded the issue by proroguing Parliament. Never, so he said, would he give away tunnage and poundage; he must needs retain them for himself. The session ended 26th June, 1628.[345]
During the six months which elapsed before the reassembling of Parliament, Charles continued to levy tunnage and poundage upon his own authority, relying still upon the decision in the Bate Case for his justification. Several merchants who refused to pay were promptly clapped into prison; among those whose goods were seized for the same reason was Henry Rolles, a member of the House of Commons. The second session of Parliament was called for the 20th January, 1628-29; the commons came together with no pretense of smothering their indignation against the conduct of the king. A number of plans were brought forward as means of rectifying the abuses. The evident determination of the commons to conclude the matter, daunted the king. Summoning both Houses to Whitehall, he renounced the right of levying tunnage and poundage. “It ever was, and still is my meaning,” so were his words, “by the gift of my people to enjoy it, and my intention in my speech at the end of the last session was not to challenge tunnage and poundage as of right, but _de bene esse_, showing you the necessity, not the right, by which I was to take it until you had granted it to me, assuring myself according to your general professions that you wanted time and not good-will to give it me.”[346] For a moment it appeared as though this abandonment of position by the king would end the conflict. Three days after his reception of the Houses at Whitehall, Mr. Secretary Cooke moved the reading of a bill granting him tunnage and poundage for life. But it never passed. The commons were distracted by a question of religious innovation, talked at great length over their religious grievances, and allowed their momentary flush of cordial feeling toward the king to cool. Mr. Secretary Cooke on the two days following that upon which he made his motion regarding tunnage and poundage, delivered messages from Charles urging haste in the consideration of the measure.[347] On the 2nd February, the commons acknowledged the receipt of the messages, but rather than pass a bill satisfactory to the king in this particular, they stated their intent to “proceed with religion.”[348]