It would be both wearisome and profitless to enter into a detailed account of the various subsidies on wool, of income taxes, of fifteenths and tenths which trod one on the heels of the other during the reign of Henry VI. One incident of a constitutional character, however, rises from the general regularity. In 1449, Parliament attempted to levy a tax upon the stipendiary priests, though usage had it that the clergy were to have the power of taxing themselves in convocation; a subsidy of a noble was levied upon each stipendiary priest, for which they were to receive a general pardon at the hands of Parliament. Henry, perceiving that trouble was brewing, addressed the clergy, saying that it was for them to make the grant in convocation, and that it was for him to pardon. Thus Parliament, for the moment overreaching itself, was forced back upon the justice of precedent.[262]
The wars with France and with Burgundy, the heavy taxation incident to them, the rebellion of Jack Cade arising out of it, and the Wars of the Roses in 1453 following closely thereafter; the woeful struggle of Henry, bleached-out in mind, a dependent upon the efforts of a woman Accession of the Yorkists against the rising power of York; the wanton shedding of the noblest blood in England—these neither developed nor confirmed parliamentary power. Edward of York, it is sufficient to understand, became king on the 4th March, 1461, upon King Henry’s overthrow. A momentary turning of the tide set him once more upon it, but his tenure was very brief and ended in tragedy.
The passing of Henry VI brings us to the dawn of the Yorkist and Tudor era. During the reigns of the son and grandson of Edward I and the reigns of Richard II and the Lancastrians, Parliament had developed swiftly, not so much in the assumption of new powers as in the distribution of powers within itself. The commons became a separate body. Burgesses learned to act in the House of Commons in concert with knights of the shires who in the time of Edward I had made common cause with the greater barons. Together they assumed the right of initiating taxes, with the understanding that the hereditary chamber should have solely the power of assent.
The right of Parliament as against that of the king to control taxation was enunciated again and again, not only in the instance of direct taxation, including the levies of tallage, but in the case of the customs, as indicated in the legislation prohibiting the maletolt.
But the enunciation of powers of Parliament was not followed by complete and undisputed exercise of the rights so enunciated. The kings clung to what they deemed their ancient prerogatives and more than once overstepped the law. The Yorkists and Tudors showed a disposition somewhat less amenable.
VI
EXTRA-PARLIAMENTARY EXACTION
1461-1603
With the coming of the Yorkist kings in 1461 there began a period lasting until the end of Queen Elizabeth’s reign, in which the taxing powers of Parliament were subtly assailed by monarchs who knew how to use the law to their own advantage, regardless of its intent. Yet the powers, attenuated though they were, remained to form the substance of vigorous opposition to the attacks of the Stuarts, when they should try to practice their theories of absolutism.