2"i S. IX. May 19. 'CO.] 



NOTES AND QUERIES. 



383 



"Imposition of wynes by restraynt by pcla Nojudg' 

 to overthrow the kings power but on the other side. 



" 1 Eliz : the Import of Coth held good because it suc- 

 ceeded wool. 



" But the Judges make no mencio of that rensO — But 

 tbeyre reaso was because the king might restrayne the 

 psou — He hathe Clavis Kegni. No difference betwene 

 the pso & the goods, corpor supra restinentur will you 

 force hym to trade by factor. 



"2. 1. El. A second Judg* — Germyn Cyall a dutchma 

 who had a lycence [from ?] Mary to "trade notwithstand- 

 ing an}- restraynt or pclam made cr to be made. 



" Ho pleded his lj r cence & so it was adjudged against 

 theQ. 



" 3. S r Jo Smyths Case Impos. of Alio 3 1 4 d p kvn- 

 tall. 



" Judg' could not be given against Smyth If the Im- 

 pos. had not bene lawful!. 



" 4. Bates case : 



"2 judg" byway of admittance & U expressly in the 

 poynt. As posteriores leges priores abrogat so new 

 Judgts avoyd the former. 



"The records reverent? things, but like skarcrows. 

 " The Commo law. 



" The reaso for the Impositio is whatsoever concerns 

 the goveuit of the kingdome as it hath relatio to forraye 

 parts — the law hathe reposed aspeciall confidence in the 

 king. The law cannot provide for all occasions. 



" The lawe doth repose no greater confidence in the 

 kiDge in this then in other things 



PardoiTg of offendors 

 dispen*. of lawes 

 co)'ne. warr. 



" 1. Thoe you have no remedy by law yet you may 

 Complayne in parlimnt as yo r ancestor* have done by 

 petitio. 



"And god & nature hath provided a remedy — Costome 

 like an Ivy w ch growes & clasps upo the tree of Comerce. 



" The king shall iudge of the tyme to impose. But 

 the measure & excesse the Judges will moderate. Noted 

 that Christ wrought no miracle touching money but once 

 — And that was when questio was of tribute money. 



" So he wisheth that for this sea-penny (for it is no 

 land-peny). If it be due to Caesar wee may have it. But 

 if not that wee may loose nett & labour and all." 



The extract just given is chiefly valuable from 

 the name of the speaker. The other point which 

 I wish to notice is interesting for a different rea- 

 son. It is always worth while to strip a claw of 

 his borrowed plumes. 



Mr. Foss, in his Lives of the Judges, after re- 

 lating how Henry Yelverton had sought an inter- 

 view with the king (vol. vi. 390.) to explain away 

 certain undutiful speeches which had been attri- 

 buted to him, proceeds to say : — 



" The whole transaction of the reconciliation is very 



creditable to all the parties These scenes were 



enacted in Januarj', 1009-10, and nothing can better 

 prove that they were not intended, and did not operate 

 to restrain Yelverton from expressing any views he might 

 have with regard to pending discussions, than his compo- 

 sition, a few months after, of a learned and unanswerable 

 argument against the impositions of the crown on mer- 

 chandise without the consent of Parliament." 



On the other hand, a contemporary letter of 

 Dudley Carleton's (Court and Times of James I., 

 i. )'2<J.), speaks of Yelvcrton's speech in the fol- 

 lowing terms : — 



" On the other side [i. e. on the side of the preroga- 

 tive] the solicitor, the attorney, and Sergeant Dod- 

 deridge, with Henry Yelverton, whom I must name 

 amongst others of that side, but with this difference, 

 that as all those whom I have named did so well that it 

 is hard to say who did best ; so, without question, both of 

 these, and all others that spake, this Henry the hardy 

 had the honour to do absolutely the worst, and for ty- 

 rannical positions that he was bold to bluster out, was so 

 well canvassed by all that followed him, that he hath, 

 scarce shewed his head ever since." 



The difficulty is solved by the note-taker. The 

 real speech of Yelverton fully bears out Carle- 

 ton's description of it. The speech usually as- 

 signed to him, which is printed in the State Trials 

 as his, is in reality the speech of James White- 

 locke, the father of the better known Bulstrode 

 Whitelocke, and himself afterwards one of the 

 Justices of the King's Bench. 



When the speech was published in 1641, it was 

 said to have been delivered " by a late eminent 

 Judge of this nation." The name of Yelverton 

 was supplied by a conjecture which is now proved 

 to be false. This will explain a difficulty which 

 Mr. Foss evidently feels in his Life of Whitelocke 

 (vol. vi. 376.). 



" It was probably some freedom of language in which 

 he [i. e. 'Whitelocke] indulged in that parliament that 

 excited the king's displeasure ; for it is difficult other- 

 wise to understand the reason of his prosecution in 1613. 

 His ' simply giving a private verbal opinion as a Barris- 

 ter,' as the. charge is generally represented, is too absurd 



and incredible even for those arbitrary times His 



son, in a speech to the Long Parliament, publicly and with- 

 out contradiction, attributed his father's imprisonment to 

 4 what he said and did in a former Parliament.' " 



S. R. Gardiner. 



Minor $ate<l. 



A New Mode of Canonisation. — The inser- 

 tion of the following newspaper paragraph in 

 " N. & Q." may save some curious speculator a 

 good deal of trouble a thousand years hence : — 



" The Gentleman's Magazine, in noticing the progress 

 of architecture, mentions the following comical canonisa- 

 tion : — ' The Independents follow closely in the wake of 

 the church. They have got over their objections to 

 steeples and crosses, and now, it would seem, to the names 

 of Saints. St. David's, Lewisham Iload, the first Inde- 

 pendent church, we believe, with a saintly title, is so 

 named in honour of the late Lord Mayor, Alderman 

 David Wire, under whose patronage it was built.' " 



By the way, are there any other instances of 

 Dissenting places of worship being named after 

 an imaginary or orthodox Saint ? T. Lamprav. 



Btjnvan's Pilgrim's Progress. — Lord Macau- 

 lay, i;i his " Life of Bunyan," written for the 

 Encyclopaedia Britannica, asserts that " Not a 

 single copy of the first edition is known to be in 

 existence. The year of publication has not been 

 ascertained." This statement is incorrect. Mr. 

 Offer, in preparing his valuable edition of The 



