The question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to King James in the latter end of his reign / by Sir John Davies ...
         Davies, John, Sir, 1569-1626.
      
       
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             The question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy dedicated to King James in the latter end of his reign / by Sir John Davies ...
             Davies, John, Sir, 1569-1626.
          
           [16], 166, [2] p.
           
             Printed by S.G. for H. Twyford ..., and Rich. Marriot ...,
             London :
             1656.
          
           
             Advertisement: p. [1]-[2] at end.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
         eng
      
       
         
           Prerogative, Royal -- England.
           Taxation -- England.
           Internal revenue -- England.
        
      
    
       A37240  R1608  (Wing D407).  civilwar no The question concerning impositions, tonnage, poundage, prizage, customs, &c. fully stated and argued, from reason, law, and policy. Dedicat Davies, John, Sir 1656    35628 20 0 0 0 0 0 6 B  The  rate of 6 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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           THE
           QUESTION
           CONCERNING
           IMPOSITIONS
           ,
           Tonnage
           ,
           Poundage
           ,
           Prizage
           ,
           Customs
           ,
           
             &c.
             
          
        
         
           Fully
           stated
           and
           argued
           ,
           from
           Reason
           ,
           Law
           ,
           and
           Policy
           .
        
         
           DEDICATED
           To
           King
           
             IAMES
          
           in
           the
           latter
           end
           of
           his
           Reign
           .
        
         
           BY
           Sir
           JOHN
           DAVIES
           ,
           His
           then
           Majesties
           Attourney
           Generall
           .
        
         
           
             LONDON
             ,
          
           Printed
           by
           
             S.
             G.
          
           for
           
             Henry
             Twyford
             ,
          
           in
           
             Vine-Court
          
           
             Middle-Temple
             ,
          
           and
           
             Rich
             :
             Marriot
             ,
          
           under
           the
           Dyall
           in
           Saint
           
             Dunstans
          
           Church-yard
           ,
           
             London
             .
             1656.
             
          
        
      
       
       
       
         
           TO
           THE
           KINGS
           Most
           Excellent
           MAJESTIE
           .
        
         
           THis
           
             Question
             ,
             SIR
             ,
          
           Concerning
           your
           Majesties
           Prerogative
           in
           laying
           Impositions
           upō
           Merchandizes
           ,
           ought
           not
           to
           have
           been
           made
           or
           moved
           at
           all
           ;
           howbeit
           ,
           it
           hath
           been
           stirred
           and
           debated
           
           in
           Parliament
           ,
           it
           is
           now
           become
           an
           Argument
           of
           such
           Dignity
           and
           Importance
           ,
           as
           the
           best-able
           amongst
           your
           Servants
           learned
           in
           the
           Law
           ,
           may
           well
           imploy
           their
           best
           learning
           in
           the
           discussing
           thereof
           .
           For
           my
           part
           ,
           though
           I
           find
           my self
           unable
           to
           handle
           this
           Noble
           Question
           ,
           as
           the
           weight
           and
           worthinesse
           requireth
           ;
           yet
           have
           I
           upon
           sundry
           occasions
           arising
           from
           the
           course
           of
           my
           service
           ,
           collected
           such
           notes
           ,
           and
           drawn
           together
           such
           materials
           ,
           as
           may
           be
           of
           use
           in
           the
           building
           of
           a
           Fortresse
           in
           the
           defence
           of
           this
           Prerogative
           ;
           and
           sure
           I
           am
           ,
           that
           if
           your
           Majestie
           will
           vouchsafe
           to
           cast
           your
           eye
           upon
           these
           Collections
           ,
           that
           your
           Judgment
           will
           make
           a
           far
           better
           use
           and
           application
           thereof
           ,
           than
           
           I
           who
           have
           gathered
           the
           same
           ,
           can
           posible
           do
           ;
           these
           little
           sparks
           of
           knowledge
           being
           taken
           into
           your
           Majesties
           consideration
           ,
           wil
           instantly
           multiply
           and
           arise
           into
           a
           flame
           ,
           and
           so
           give
           a
           great
           light
           for
           clearing
           of
           this
           Question
           :
           This
           learning
           within
           my
           hand
           ,
           is
           but
           a
           Spade
           ,
           in
           your
           Majesties
           hand
           will
           become
           a
           Scepter
           .
           I
           have
           onely
           like
           the
           poor
           
             Indian
             ,
          
           digged
           up
           the
           Oare
           of
           Mine
           ,
           which
           being
           brought
           into
           the
           Kings
           Mint
           ,
           and
           refined
           there
           ,
           becomes
           part
           of
           the
           royall
           Treasure
           .
           For
           the
           Argument
           it self
           ,
           it
           will
           hardly
           receive
           any
           Ornament
           ,
           
             Ornari
             res
             ipsa
             negat
             ,
             contenta
             doceri
             .
          
        
         
           The
           best
           light
           I
           can
           give
           it
           ,
           is
           
           
             Lucidus
             ordo
             ,
          
           by
           breaking
           it
           into
           
             Capit●
             rerum
             ,
          
           and
           casting
           it
           into
           a
           plain
           and
           naturall
           method
           ;
           it
           is
           somewhat
           long
           ,
           and
           in
           
             Multil●quio
             non
             de●st
             peccacum
             ,
          
           saith
           
             Solomon
             ;
          
           it
           is
           also
           mixt
           with
           some
           reasons
           of
           State
           ,
           wherein
           a
           common
           Lawyer
           may
           easily
           make
           a
           
             Solaecism
             ;
          
           yet
           such
           as
           it
           is
           ,
           my
           zeal
           to
           advance
           your
           Majesties
           Service
           ,
           hath
           moved
           me
           to
           present
           it
           to
           your
           Majesty
           ,
           with
           all
           humbleness
           ,
           and
           with
           some
           hope
           ,
           that
           this
           dutifull
           paine
           shall
           purchase
           a
           pardon
           for
           the
           errours
           therein
           committed
           ,
        
         
           
             By
             your
             Majesties
             unprofitable
             Servant
             ,
             and
             humble
             Subject
             ,
             
               Iohn
               Davies
               .
            
          
        
      
       
       
         
           THE
           CONTENTS
           Of
           this
           BOOK
           .
        
         
           
             CHAP.
             I.
             
          
           
             THe
             Exposition
             and
             meaning
             of
             certain
             words
             ,
             which
             do
             shew
             the
             true
             state
             of
             the
             
               Question
               .
            
          
           
             page
             1
          
        
         
           
             CHAP.
             II.
             
          
           
             Of
             the
             general
             Law
             of
             Nations
             ,
             or
             
               Jus
               Gentium
               ,
            
             and
             the
             force
             thereof
             in
             all
             Kingdoms
             ,
             that
             traffique
             and
             commerce
             is
             a
             principal
             subject
             of
             that
             Law
             ,
             and
             that
             it
             giveth
             power
             unto
             all
             Kings
             to
             take
             Customes
             
             and
             Impositions
             upon
             Merchandizes
             ,
             and
             that
             the
             Crown
             of
             
               England
            
             hath
             many
             Prerogatives
             annexed
             to
             it
             by
             the
             Law
             of
             Nations
             ,
             of
             which
             our
             Common
             Law
             taketh
             notice
             ,
             and
             doth
             admit
             and
             approve
             the
             same
             .
          
           
             4
          
        
         
           
             CHAP.
             III.
             
          
           
             Of
             the
             Law
             Merchant
             ,
             which
             is
             a
             branch
             of
             the
             Law
             of
             Nations
             ,
             and
             how
             it
             differs
             front
             our
             Common
             Law
             ;
             and
             how
             in
             the
             judgement
             of
             our
             Law
             ,
             Merchandizes
             do
             differ
             from
             other
             Goods
             &
             Chattels
             which
             do
             not
             crosse
             the
             Seas
             ;
             and
             how
             the
             Common
             Law
             and
             Statute
             Law
             of
             
               England
            
             do
             admit
             and
             allow
             of
             the
             Law
             Merchant
             .
          
           
             10
          
        
         
           
             CHAP.
             IV.
             
          
           
             Of
             the
             Imperial
             or
             Civil
             Law
             ,
             and
             of
             the
             extent
             of
             the
             Iurisdiction
             thereof
             ;
             of
             what
             force
             it
             is
             at
             this
             day
             within
             the
             Monarchies
             of
             
               Europe
               ,
            
             and
             in
             what
             case
             it
             is
             received
             within
             the
             King
             of
             
               Englands
            
             Dominions
             ,
             and
             how
             it
             warranteth
             all
             Kings
             and
             Absolute
             Princes
             to
             lay
             Impositions
             upon
             Merchandizes
             .
          
           
             20
          
        
         
         
           
             CHAP.
             V.
             
          
           
             Of
             the
             Canon
             or
             Ecclesiastical
             Law
             ,
             and
             how
             far
             forth
             it
             doth
             examine
             and
             resolve
             this
             Question
             in
             cases
             of
             Conscience
             only
             .
          
           
             25
          
        
         
           
             CHAP.
             VI
             .
          
           
             That
             this
             Question
             of
             Imposition
             may
             be
             examined
             and
             decided
             as
             well
             by
             the
             rules
             of
             the
             Laws
             before
             mentioned
             ,
             as
             by
             the
             rules
             of
             our
             Municipiall
             Laws
             or
             Common
             Law
             of
             
               England
               .
            
          
           
             27
          
        
         
           
             CHAP.
             VII
             .
          
           
             Of
             the
             Kings
             Prerogatives
             in
             general
             ,
             and
             that
             the
             same
             do
             consist
             in
             certain
             speciall
             points
             or
             cases
             reserved
             to
             the
             absolute
             power
             of
             the
             Crown
             ;
             when
             the
             Positive
             Law
             was
             first
             established
             ,
             and
             that
             the
             Cōmon
             Law
             of
             
               England
            
             doth
             acknowledge
             and
             submit
             it self
             to
             those
             Prerogatives
             .
          
           
             29
          
        
         
           
             CHAP.
             VIII
             .
          
           
             Of
             the
             Kings
             Prerogative
             in
             the
             ordering
             and
             governing
             of
             all
             Trade
             and
             Traffique
             in
             Corporations
             ,
             Markets
             ,
             and
             Fairs
             within
             the
             Land
             ,
             and
             the
             Common
             Law
             doth
             
             acknowledge
             this
             Prerogative
             ,
             and
             submit
             it self
             there
             unto
             .
          
           
             34
          
        
         
           
             CHAP.
             IX
             .
          
           
             That
             the
             King
             hath
             another
             Prerogative
             in
             the
             Government
             in
             the
             Trade
             of
             Merchandizes
             crossing
             the
             Seas
             ,
             differing
             from
             the
             Prerogative
             which
             he
             useth
             and
             ordereth
             in
             Trade
             and
             Traffique
             in
             Markets
             and
             Fairs
             within
             the
             Land
             ,
             and
             of
             the
             difference
             between
             Custome
             and
             Toll
             by
             the
             rules
             of
             the
             Common
             Law
             .
          
           
             38
          
        
         
           
             CHAP.
             X.
             
          
           
             Of
             the
             ancient
             duty
             called
             Custome
             ,
             payable
             for
             our
             principall
             Commodities
             exported
             ,
             and
             that
             it
             was
             originally
             an
             Imposition
             .
          
           
             41
          
        
         
           
             CHAP.
             XI
             .
          
           
             Of
             the
             ancient
             duties
             called
             Prizes
             ,
             taken
             out
             of
             Forein
             goods
             imported
             ,
             except
             Wines
             ,
             and
             the
             petty-Customes
             of
             three
             pence
             of
             the
             pound
             were
             accepted
             by
             King
             
               Edw.
               1.
            
             in
             lieu
             of
             Prizes
             .
          
           
             46
          
        
         
           
             CHAP.
             XII
             .
          
           
             Of
             the
             ancient
             Customes
             payable
             for
             Wines
             ,
             called
             
               Priz●ge
            
             and
             
               Butlerage
               .
            
          
           
             50
          
        
         
         
           
             CHAP.
             XIII
             .
          
           
             Of
             the
             ancient
             Officers
             which
             our
             Kings
             have
             created
             by
             vertue
             of
             their
             Prerogatives
             ,
             to
             search
             and
             over-see
             all
             sorts
             of
             Merchandizes
             ,
             and
             to
             collect
             the
             duties
             payable
             for
             the
             same
             .
          
           
             52
          
        
         
           
             CHAP.
             XIV
             .
          
           
             Of
             other
             Impositions
             ,
             besides
             the
             ancient
             Customes
             before
             mentioned
             ,
             laid
             upon
             Merchandizes
             ,
             by
             severall
             Kings
             and
             Queens
             since
             the
             Conquest
             ;
             some
             of
             which
             Impositions
             have
             been
             discontinued
             or
             remitted
             ,
             and
             some
             of
             them
             are
             continued
             and
             paid
             at
             this
             day
             ;
             and
             first
             of
             the
             Imposition
             set
             by
             King
             
               Edw.
               1.
            
             over
             and
             besides
             the
             Customes
             spoken
             of
             before
             .
          
           
             53
          
        
         
           
             CHAP.
             XV
             .
          
           
             Of
             the
             Imposition
             set
             and
             taken
             by
             King
             
               Edward
            
             the
             second
             .
          
           
             55
          
        
         
           
             CHAP.
             XVI
             .
          
           
             Of
             the
             Impositions
             laid
             and
             levied
             upon
             Merchandizes
             ,
             by
             King
             
               Edw.
               3.
               
            
          
           
             57
          
        
         
         
           
             CHAP.
             XVII
             .
          
           
             Of
             the
             Profits
             raised
             unto
             the
             Crown
             out
             of
             Merchandizes
             during
             the
             reigns
             of
             several
             Kings
             who
             succeeded
             K.
             
               Edw.
               3.
            
             untill
             the
             reign
             of
             Queen
             
               Mary
               .
            
          
           
             62
          
        
         
           
             CHAP.
             XVIII
             .
          
           
             That
             Queen
             
               Mary
            
             did
             use
             her
             Prerogative
             in
             laying
             Impositions
             upon
             Merchandizes
             .
          
           
             70
          
        
         
           
             CHAP.
             XIX
             .
          
           
             That
             Queen
             
               Elizabeth
            
             also
             used
             her
             Prerogative
             in
             laying
             Impositions
             upon
             Merchandizes
             .
          
           
             71
          
        
         
           
             CHAP
             XX
             .
          
           
             That
             our
             Soveraign
             Lord
             King
             
               James
            
             hath
             by
             virtue
             of
             the
             same
             Prerogative
             ,
             without
             Act
             of
             Parliament
             ,
             layd
             several
             Impositions
             upon
             Merchandizes
             .
          
           
             73
          
        
         
           
             CHAP.
             XXI
             .
          
           
             The
             general
             reasons
             whereupon
             this
             Prerogative
             is
             grounded
             .
          
           
             76
          
        
         
         
           
             CHAP.
             XXII
             .
          
           
             Of
             the
             several
             Objections
             that
             are
             made
             against
             the
             Kings
             Prerogative
             in
             laying
             Impositions
             upon
             Merchandizes
             ,
             and
             the
             several
             Answers
             thereunto
             .
          
           
             94
          
        
         
           
             CHAP.
             XXIII
             .
          
           
             The
             Answer
             to
             the
             first
             Objection
             .
          
           
             96
          
        
         
           
             CHAP.
             XXIV
             .
          
           
             Of
             the
             second
             Objection
             touching
             the
             uncertainty
             and
             unbounded
             largenesse
             of
             this
             Prerogative
             .
          
           
             99
          
        
         
           
             CHAP.
             XXV
             .
          
           
             The
             Answer
             to
             the
             second
             Objection
             .
          
           
             101
          
        
         
           
             CHAP.
             XXVI
             .
          
           
             The
             third
             Objection
             ,
             touching
             the
             repeal
             of
             
               Charta
               Mercatoria
            
             by
             King
             
               Edw.
               2.
            
             and
             the
             remitall
             of
             divers
             Impositions
             by
             King
             
               Edw.
               3.
            
             upon
             sundry
             Petitions
             of
             the
             Commons
             in
             Parliament
             ,
             and
             the
             punishment
             
             of
             divers
             Persons
             in
             Parliament
             for
             procuring
             Impositions
             to
             be
             set
             up
             .
          
           
             106
          
        
         
           
             CHAP.
             XXVII
             .
          
           
             The
             Answer
             to
             the
             third
             Objection
             .
          
           
             110
          
        
         
           
             CHAP.
             XXVIII
             .
          
           
             The
             fourth
             Objection
             ,
             that
             the
             Prerogative
             is
             bound
             or
             taken
             away
             by
             divers
             Acts
             of
             Parliament
             .
          
           
             129
          
        
         
           
             CHAP.
             XXIX
             .
          
           
             The
             Answer
             to
             the
             fourth
             Objection
             .
          
           
             131
          
        
         
           
             CHAP.
             XXX
             .
          
           
             The
             fifth
             Objection
             ,
             that
             Tonnage
             and
             Poundage
             were
             never
             taken
             ,
             but
             when
             the
             same
             was
             granted
             by
             Parliament
             .
          
           
             140
          
        
         
           
             CHAP.
             XXXI
             .
          
           
             The
             Answer
             to
             the
             fifth
             Objection
             .
          
           
             141
          
        
         
         
           
             CHAP.
             XXXII
             .
          
           
             The
             Conclusion
             .
          
           
             146
          
        
         
           
             CHAP.
             XXXIII
             .
          
           
             A
             Comparison
             of
             the
             Impositions
             set
             and
             taken
             in
             
               England
               ,
            
             by
             the
             Kings
             Prerogative
             ,
             with
             the
             Exceptions
             and
             Gabells
             in
             Forein
             States
             and
             Kingdoms
             ,
             whereby
             it
             will
             appear
             ,
             that
             the
             Subjects
             of
             the
             Crown
             of
             
               England
               ,
            
             do
             not
             bear
             so
             heavy
             a
             burthen
             by
             many
             degrees
             ,
             as
             the
             Subjects
             of
             other
             Nations
             do
             bear
             in
             this
             kind
             .
          
           
             147
          
        
      
    
     
       
       
       
         
           AN
           ARGUMENT
           UPON
           The
           Question
           of
           Imposition
           ,
           digested
           and
           divided
           into
           sundrie
           Chapters
           ;
           by
           one
           of
           His
           Majesties
           learned
           Counsel
           in
           IRELAND
           .
        
         
           
             CHAP.
             1.
             
          
           
             
               The
               Exposition
               and
               meaning
               of
               certain
               words
               ,
               which
               do
               shew
               the
               true
               state
               of
               the
               
                 Question
                 .
              
            
          
           
             THe
             
               Question
            
             it self
             is
             no
             more
             than
             this
             ,
             Whether
             the
             Impositions
             which
             the
             King
             ●f
             
               England
            
             hath
             laid
             and
             levied
             upon
             Merchandize
             ,
             by
             vertue
             of
             his
             Prerogative
             onely
             ,
             without
             
             Act
             of
             Parliament
             ,
             be
             lawful
             or
             warranted
             by
             the
             Law
             of
             
               England
               .
            
          
           
             By
             the
             word
             Imposition
             ,
             we
             mean
             only
             such
             rates
             or
             sums
             of
             money
             as
             the
             King
             by
             Letters
             Patents
             ,
             under
             the
             Great
             Seal
             of
             
               England
            
             or
             
               Ireland
               ,
            
             hath
             set
             upon
             Merchandizes
             imported
             and
             exported
             ,
             and
             commanded
             the
             same
             to
             be
             paid
             and
             levied
             to
             His
             Majesties
             use
             ,
             over
             and
             above
             the
             Customes
             and
             Subsidies
             formerly
             due
             and
             payable
             for
             the
             same
             Merchandizes
             .
          
           
             By
             the
             word
             Merchandizes
             ,
             we
             mean
             only
             such
             goods
             or
             Merchandizes
             as
             are
             transported
             over
             the
             Seas
             ,
             from
             one
             Realm
             or
             Dominion
             unto
             another
             ,
             to
             be
             sold
             or
             exchanged
             for
             reasonable
             gain
             or
             profit
             ;
             for
             upon
             the
             ingate
             or
             outgate
             of
             Commodities
             so
             crossing
             the
             Seas
             only
             ;
             Customes
             ,
             Subsidies
             ,
             and
             Impositions
             for
             Merchandizes
             are
             paid
             and
             taken
             ,
             and
             not
             for
             any
             Commodities
             carried
             too
             and
             fro
             by
             Sea
             and
             Land
             ,
             within
             one
             and
             the
             same
             Realm
             and
             Dominion
             .
          
           
             By
             the
             Law
             of
             
               England
               ,
            
             we
             understand
             not
             only
             our
             customary
             Common
             Law
             ,
             and
             our
             Statutes
             of
             
               England
               ,
            
             which
             are
             Native
             and
             peculiar
             to
             our
             Nation
             only
             ,
             but
             such
             other
             Laws
             also
             as
             be
             common
             
             to
             other
             Nations
             as
             well
             as
             us
             ;
             have
             been
             received
             and
             used
             time
             out
             of
             mind
             by
             the
             Kings
             and
             people
             of
             
               England
            
             in
             divers
             cases
             ,
             and
             by
             such
             ancient
             usage
             ,
             are
             become
             the
             Lawes
             of
             
               England
            
             in
             such
             cases
             ;
             namely
             ,
             the
             generall
             Law
             of
             Nations
             ,
             and
             the
             Law-Merchant
             which
             is
             a
             branch
             of
             the
             Law
             ,
             the
             Imperial
             or
             Civil
             Law
             ,
             the
             Common
             or
             Ecclesiastical
             Law
             ,
             every
             of
             which
             Laws
             so
             far
             forth
             as
             the
             same
             have
             been
             received
             and
             used
             in
             
               England
               ,
            
             time
             out
             of
             mind
             ,
             may
             properly
             be
             said
             to
             be
             the
             Laws
             of
             
               England
               .
            
          
        
         
         
           
             CHAP.
             II.
             
          
           
             
               Of
               the
               general
               Law
               of
               Nations
               ,
               or
               
                 Jus
                 Gentium
                 ,
              
               and
               the
               force
               thereof
               in
               all
               Kingdoms
               ,
               that
               traffique
               and
               commerce
               is
               a
               principal
               subject
               of
               that
               Law
               ,
               and
               that
               it
               giveth
               power
               unto
               all
               Kings
               to
               take
               Customes
               and
               Impositions
               upon
               Merchandizes
               ,
               and
               that
               the
               Crown
               of
               
                 England
              
               hath
               many
               Prerogatives
               annexed
               to
               it
               by
               the
               Law
               of
               Nations
               ,
               of
               which
               our
               Common
               Law
               taketh
               notice
               ,
               and
               doth
               admit
               and
               approve
               the
               same
               .
            
          
           
             JVs
             
               Gentium
               ,
            
             or
             the
             generall
             Law
             of
             Nations
             is
             of
             equal
             force
             in
             all
             Kingdoms
             ,
             for
             all
             Kingdoms
             had
             their
             beginning
             by
             the
             Law
             of
             Nations
             ;
             therefore
             it
             standeth
             with
             good
             reason
             that
             the
             Law
             of
             Nations
             should
             be
             of
             force
             ,
             and
             of
             like
             force
             in
             all
             Kingdoms
             ;
             and
             for
             this
             cause
             in
             the
             Realms
             subject
             to
             the
             Crown
             of
             
               England
               ,
            
             the
             Law
             of
             Nations
             also
             is
             in
             force
             in
             such
             cases
             ,
             especially
             wherein
             the
             King
             himself
             ,
             or
             his
             Subjects
             ,
             have
             correspondence
             or
             commerce
             
             with
             other
             Nations
             who
             are
             not
             bound
             in
             those
             cases
             by
             the
             Municipall
             Laws
             of
             
               England
               .
            
          
           
             Omnes
             populi
             (
             
               saith
               Justinian
            
             
             )
             qui
             legibus
             &
             moribus
             reguntur
             ,
             partim
             suo
             proprio
             ,
             partim
             cōmuni
             omnium
             hominum
             jure
             utuntur
             :
             nam
             quod
             quisque
             populus
             ipse
             sibi
             Ius
             constituit
             id
             ipsius
             proprium
             Civitatis
             est
             ,
             vocaturque
             jus
             Civile
             ;
             quod
             vero
             naturalis
             ratio
             inter
             omnes
             homines
             constituit
             ,
             id
             apud
             omnes
             homines
             plerumque
             custoditur
             ,
             vocaturque
             Ius
             gentium
             ,
             quasi
             quo
             jure
             omnes
             gentes
             utuntur
             ;
             
               and
               in
               the
               same
               place
               it
               is
               said
               ,
            
             Ius
             Gentium
             omni
             hominum
             generi
             cōmune
             est
             ,
             &
             ex
             hoc
             Iure
             Gentium
             omnes
             pene
             contractus
             introducti
             sunt
             ,
             ut
             emptio
             ,
             venditio
             ,
             locatio
             ,
             conductio
             ,
             societas
             ,
             depositum
             mutuum
             ,
             &c.
             
          
           
             And
             with
             this
             agreeth
             our
             Doctor
             and
             Student
             ,
             
               lib.
               1.
               cap.
               2.
            
             
             where
             it
             is
             said
             ,
             that
             Trade
             and
             Traffique
             is
             by
             the
             Law
             of
             Nations
             ;
             so
             that
             Commerce
             ,
             Trade
             ,
             &
             Traffique
             for
             Merchandize
             ,
             between
             the
             people
             of
             several
             Nations
             and
             Kingdoms
             ,
             is
             a
             principal
             subject
             of
             the
             Law
             of
             Nations
             ;
             and
             therefore
             to
             that
             question
             that
             hath
             been
             made
             in
             
               England
               ,
            
             Whether
             the
             ancient
             Customes
             payable
             
             for
             Merchandizes
             ,
             did
             first
             grow
             due
             by
             our
             customary
             Common
             Law
             or
             Statute
             Law
             of
             
               England
               ?
            
             Why
             may
             I
             not
             answer
             ,
             that
             neither
             the
             Customary
             Law
             ,
             nor
             the
             Statute
             Law
             of
             
               England
               ,
            
             but
             the
             generall
             Law
             of
             Nations
             did
             first
             give
             these
             duties
             unto
             the
             Crown
             of
             
               England
               ?
            
          
           
             For
             as
             the
             Law
             of
             Nations
             was
             before
             Kings
             ,
             for
             Kings
             were
             made
             by
             the
             Law
             of
             Nations
             ,
             
               Ex
               jure
               Gentium
               Reges
               originem
               traxerunt
               ,
            
             saith
             
               Baldus
               ;
            
             
             So
             Kings
             were
             no
             sooner
             made
             by
             the
             Law
             of
             Nations
             ,
             but
             presently
             the
             same
             Law
             ,
             
               cum
               creatus
               fuerit
               Rex
               ei
               omnia
               regalia
               conceduntur
               ,
               &
               competit
               omnibus
               Regibus
               jus
               imponendi
               quantum
               habet
               Regalia
               ,
            
             saith
             Baldus
             ,
             
             
               Vectigalia
               introducta
               sunt
               à
               jure
               ,
               &c.
            
             which
             is
             the
             Law
             of
             Nature
             or
             Nations
             ,
             
               Ideo
               non
               otiosa
               sed
               favoralia
               ,
            
             saith
             another
             Doctor
             ,
             did
             annex
             this
             Prerogative
             to
             their
             several
             Crowns
             ,
             
               Vectigalorigine
               ipsa
               jus
               Caesarum
               &
               Regum
               partimoniale
               est
               ,
            
             saith
             another
             ,
             
               Inhaeret
               Sceptro
            
             saith
             another
             and
             therefore
             when
             our
             ancient
             
               British
            
             Kings
             took
             up
             Customes
             for
             Merchandizes
             transported
             into
             
               France
               ,
               as
               Strab●
            
             
             writeth
             ,
             
               Britanni
               vectigalia
               tollebant
               gravia
               earum
               rerum
               quas
               brevi
               traject●
               in
               Galliam
               
               importabant
               ;
            
             shall
             we
             presume
             they
             did
             it
             by
             Act
             of
             Parliament
             ?
             no
             ,
             for
             doubtlesse
             they
             did
             it
             by
             vertue
             of
             this
             Prerogative
             given
             unto
             them
             by
             the
             Law
             of
             Nations
             ;
             for
             Kings
             upon
             their
             first
             institution
             did
             greater
             things
             than
             this
             ,
             by
             their
             Prerogative
             ,
             without
             the
             consent
             of
             the
             people
             ,
             
               Vetusissima
               coronae
               jura
               ex
               singulari
               Regum
               decreto
               primitus
               orta
               ,
            
             saith
             a
             learned
             Doctor
             ;
             and
             at
             first
             saith
             
               Iustinian
               ,
            
             
             
               Arbitria
               Regum
               pro
               legibus
               fuere
               ,
            
             and
             so
             saith
             
               Halicarnassus
               ,
               lib.
               3.
               
            
             
             
               Cicero
               offic.
               lib.
               2.
               
            
             And
             truly
             as
             Customes
             and
             Impositions
             taken
             upon
             importations
             of
             Merchandizes
             ,
             being
             most
             properly
             called
             
               Vectigalia
               ,
               à
               mercibm
               evectis
               &
               invectis
               ,
            
             are
             the
             most
             ancient
             duties
             payable
             to
             the
             King
             ;
             so
             are
             the
             same
             grounded
             ,
             saith
             
               Bodin
               ,
            
             upon
             the
             greatest
             reason
             and
             equity
             in
             the
             world
             ,
             
               quid
               est
               enim
               rationi
               &
               aequitati
               magis
               consentaneum
               quàm
               &
               is
               qui
               in
               nostro
               territorio
               &
               ex
               nostris
               questum
               facit
               principi
               nostro
               cujus
               permissu
               &
               sub
               cujus
               protectione
               negotiatu●
               aliquod
               perdat
               &
               presolvat
               ?
            
             And
             this
             common
             reason
             and
             equity
             which
             is
             the
             ground
             of
             these
             duties
             payable
             for
             Merchandizes
             ,
             what
             is
             it
             else
             but
             the
             Law
             of
             Nations
             ?
             which
             is
             nothing
             else
             but
             that
             
             which
             common
             reason
             hath
             establisht
             amongst
             all
             men
             for
             the
             common
             good
             of
             all
             men
             ,
             and
             which
             all
             Nations
             have
             received
             and
             imbraced
             for
             their
             mutual
             benefit
             and
             commoditie
             .
          
           
             Neither
             is
             this
             the
             onely
             Prerogative
             which
             the
             King
             of
             
               England
            
             hath
             by
             the
             Law
             of
             Nations
             ,
             
               habet
               &
               Rex
               in
               regno
               suo
            
             (
             saith
             Bracton
             
             )
             
               alia
               privilegia
               de
               jure
               Gentium
               propria
               ,
               viz.
               Soreceum
               maris
               thesaurum
               insentum
               grossos
               pisces
               ,
               &
               balenas
               &
               sturgiones
               Wavias
               ,
               &c.
               huiusmodi
               de
               jure
               Gentium
               pertinent
               ad
               Coronam
               ,
            
             saith
             Stampford
             ,
             
               Prerogativa
               Regis
               ,
               fol.
               37.
               6.
               
            
             Adde
             hereunto
             the
             absolute
             power
             of
             the
             King
             ,
             to
             make
             War
             and
             Peace
             ,
             League
             and
             Truces
             ,
             to
             grant
             safe
             Conducts
             ,
             to
             pardon
             all
             Offenders
             ,
             to
             distribute
             all
             degrees
             of
             Honour
             ,
             and
             the
             like
             ,
             wherein
             the
             King
             hath
             sole
             and
             absolute
             power
             ,
             
               Merum
               imperium
               &
               non
               mixtum
               ,
            
             and
             which
             Prerogative
             is
             as
             antient
             as
             the
             Crown
             ,
             
             and
             incident
             to
             the
             Crown
             by
             the
             Law
             of
             Nations
             .
          
           
             Lastly
             ,
             for
             the
             proof
             that
             our
             Common
             Law
             doth
             acknowledge
             and
             prove
             the
             Law
             of
             Nations
             in
             most
             of
             these
             cases
             .
             The
             Book
             19
             
               Edw.
               4.
               6.
            
             
             doth
             approve
             the
             Kings
             absolute
             power
             in
             making
             
             War
             ,
             Peace
             ,
             and
             Leagues
             ;
             and
             in
             
               37
               Edw.
               6.
               20.
               
            
             
             That
             part
             of
             the
             Law
             of
             Nations
             ,
             whereby
             the
             High
             Constable
             and
             Marshall
             of
             
               England
               ,
            
             do
             proceed
             in
             their
             Courts
             of
             War
             ,
             and
             Chivalrie
             ,
             is
             called
             the
             Law
             of
             the
             Land
             .
             We
             finde
             also
             the
             Kings
             sole
             power
             in
             11
             
               Hen.
               4.
            
             
             
               Rot.
               Parliament
               .
               in
               Archivis
               turris
               London
               ,
            
             for
             Coyning
             of
             Money
             ;
             we
             have
             the
             case
             of
             Mines
             ,
             
               Com.
               316.
            
             
             for
             safe
             conduct
             of
             Merchants
             ,
             and
             stop
             of
             Trades
             ,
             
               tempore
               guerrae
               ,
            
             and
             Letters
             of
             Reprisall
             we
             have
             7
             
               Edw.
               4.
               19.
            
             
             2
             R.
             3.
             2.
             
             
             
               Magna
               Charta
               cap.
               30.
            
             
             and
             the
             Register
             wherein
             we
             find
             Writs
             of
             Reprisall
             .
          
        
         
         
           
             CHAP.
             III.
             
          
           
             
               Of
               the
               Law
               Merchant
               ,
               which
               is
               a
               branch
               of
               the
               Law
               of
               Nations
               ,
               and
               how
               it
               differs
               from
               our
               Common
               Law
               ,
               and
               how
               in
               the
               judgement
               of
               our
               Law
               ,
               Merchandizes
               do
               differ
               from
               other
               Goods
               &
               Chattels
               which
               do
               not
               crosse
               the
               Seas
               ,
               and
               how
               the
               Common
               Law
               and
               Statute
               Law
               of
               
                 England
              
               do
               admit
               and
               allow
               of
               the
               Law
               Merchant
               .
            
          
           
             
               MErcatura
               vel
               Societas
               Mercatorum
               est
               magna
               Respublica
            
             (
             saith
             
               Vlpian
            
             
             )
             and
             therefore
             that
             Common-wealth
             of
             Merchants
             hath
             alwayes
             had
             a
             peculiar
             and
             proper
             Law
             to
             rule
             and
             govern
             it
             ;
             this
             Law
             is
             called
             the
             Law
             Merchant
             ,
             wherof
             the
             Laws
             of
             all
             Nations
             do
             take
             speciall
             knowledge
             ;
             first
             both
             the
             Common
             Law
             and
             Statute
             Law
             of
             
               England
            
             do
             take
             notice
             of
             the
             Law
             Merchant
             ,
             and
             do
             leave
             the
             causes
             of
             Merchants
             and
             Merchandizes
             to
             be
             decided
             by
             the
             rules
             of
             that
             Law
             ;
             for
             what
             saith
             the
             Book
             of
             13
             
               Edw.
               4.
               9
               ,
               10
               ?
            
             
             A
             Merchant
             Stranger
             
             made
             sute
             before
             the
             Kings
             Privy
             council
             ,
             for
             certain
             Bailes
             of
             Silk
             feloniously
             taken
             from
             him
             ,
             and
             it
             was
             moved
             that
             this
             matter
             might
             be
             determined
             by
             Common
             Law
             ,
             unto
             which
             motion
             the
             Lord
             Chancellor
             doth
             there
             answer
             ;
             This
             sute
             is
             brought
             by
             a
             Merchant
             ,
             who
             is
             not
             bound
             to
             sue
             according
             to
             the
             Law
             of
             the
             Land
             ,
             nor
             to
             tarry
             the
             tryal
             of
             twelve
             men
             ,
             nor
             other
             solemnity
             of
             the
             Law
             of
             the
             Land
             ;
             albeit
             ,
             the
             King
             hath
             jurisdiction
             of
             him
             within
             the
             Realm
             ,
             and
             may
             cause
             him
             to
             stand
             to
             his
             Judgement
             ,
             yet
             this
             must
             be
             according
             to
             the
             Law
             of
             Nature
             ,
             which
             some
             call
             the
             Law
             Merchant
             ,
             which
             is
             a
             Law
             universall
             throughout
             the
             word
             ;
             these
             are
             the
             words
             of
             that
             Book
             ,
             &
             it
             is
             there
             resolved
             by
             all
             the
             Justices
             ,
             That
             if
             the
             Merchandizes
             of
             such
             a
             Merchant
             stranger
             ,
             be
             stollen
             and
             waved
             by
             the
             Felon
             ,
             the
             King
             himselfe
             shall
             not
             take
             those
             Merchandizes
             as
             waifes
             ,
             though
             in
             that
             case
             the
             goods
             of
             another
             person
             were
             lost
             by
             the
             Common
             Law
             of
             
               England
               .
            
             Doth
             not
             this
             case
             make
             it
             manifest
             ,
             that
             in
             the
             judgement
             of
             our
             Common
             Law
             ,
             Merchandizes
             that
             crosse
             the
             Seas
             ,
             are
             goods
             of
             another
             nature
             ,
             quality
             ,
             
             and
             consideration
             ,
             than
             other
             goods
             and
             Chattels
             which
             are
             possessed
             within
             the
             Realm
             ,
             and
             do
             not
             crosse
             the
             Seas
             ?
             This
             learning
             is
             not
             common
             in
             our
             Books
             ,
             and
             therefore
             I
             think
             it
             meet
             to
             exemplifie
             this
             difference
             with
             more
             cases
             in
             this
             point
             .
          
           
             If
             two
             Merchants
             be
             Joynt-Owners
             ,
             or
             Partners
             in
             Merchandizes
             ,
             which
             they
             have
             acquired
             by
             a
             Joynt-Contract
             ,
             in
             this
             case
             the
             one
             shall
             have
             an
             Action
             of
             Account
             against
             the
             other
             ,
             
               die
               legem
               mercatoriam
               ,
            
             saith
             the
             Register
             ,
             
               fol.
               135.
            
             
             and
             
               F.
               N.
               117.
               
               D.
            
             
             and
             yet
             by
             the
             rule
             of
             the
             Common
             Law
             ,
             if
             two
             men
             be
             joyntly
             possessed
             of
             other
             goods
             which
             are
             not
             Merchandizes
             ,
             the
             one
             shall
             not
             call
             the
             other
             to
             account
             for
             the
             same
             .
          
           
             Again
             ,
             if
             two
             Merchants
             have
             a
             joynt
             Interest
             in
             Merchandizes
             ,
             if
             the
             own
             die
             the
             Survivor
             shall
             not
             have
             all
             ,
             but
             the
             Executor
             of
             the
             party
             deceased
             ,
             shall
             by
             the
             Law
             Merchant
             call
             the
             Survivour
             to
             an
             account
             for
             the
             moytie
             
               F.
               N.
               117.
               
               D.
            
             
             whereas
             if
             there
             be
             two
             Joynts
             of
             other
             goods
             which
             are
             not
             Merchandizes
             ,
             the
             Survivor
             shall
             have
             all
             ,
             
               per
               jus
               accrescendi
               ,
            
             even
             by
             rule
             of
             the
             Common
             Law
             .
          
           
             Again
             ,
             in
             an
             Action
             of
             Debt
             ,
             upon
             a
             
             simple
             Contract
             which
             is
             without
             Deed
             in
             writing
             ,
             the
             Defendant
             by
             the
             Common
             Law
             may
             wage
             his
             Law
             ,
             that
             is
             ,
             he
             may
             bar
             the
             Plantiff
             of
             his
             Action
             by
             taking
             an
             Oath
             that
             he
             doth
             not
             ow
             the
             Debt
             nor
             any
             part
             thereof
             ,
             and
             yet
             in
             
               Itin.
               Derby
               2
               Edw.
               3.
               
            
             
             
               Iohn
               Crompton
            
             Merchant
             ,
             upon
             a
             Contract
             without
             Deed
             ,
             the
             Defendant
             would
             have
             waged
             his
             Law
             ,
             but
             was
             not
             permitted
             so
             to
             do
             ,
             and
             so
             Judgement
             was
             given
             against
             the
             said
             Defendant
             .
          
           
             Again
             ,
             the
             goods
             of
             Ecclesiastical
             persons
             are
             discharged
             of
             Toll
             by
             the
             Common
             Law
             ,
             
               si
               non
               exerceat
               Marchandizas
               de
               eisdem
               ,
            
             saith
             the
             Register
             ,
             
               259.
               a.
            
             
             for
             then
             their
             goods
             are
             charged
             ,
             being
             now
             become
             goods
             of
             another
             nature
             ,
             when
             the
             same
             are
             turned
             into
             Merchandizes
             ;
             so
             are
             the
             goods
             of
             the
             
               French
            
             Nobility
             discharged
             by
             Gabels
             and
             Impositions
             if
             they
             traffique
             not
             ,
             but
             if
             they
             traffique
             ,
             saith
             
               Bodin
               ,
            
             
             their
             goods
             are
             charged
             like
             other
             Merchandizes
             .
          
           
             Again
             ,
             for
             goods
             wrongfully
             taken
             within
             the
             Land
             ,
             the
             Common
             Law
             giveth
             remedy
             against
             the
             Trespasser
             ,
             or
             the
             wrongfull
             Taker
             onely
             ;
             but
             if
             an
             
               English
            
             Merchant
             be
             spoiled
             of
             his
             Merchandizes
             
             upon
             the
             Sea
             ,
             or
             beyond
             the
             Sea
             ,
             by
             the
             Subject
             of
             another
             King
             ,
             the
             Register
             doth
             give
             him
             a
             Writ
             of
             Reprisall
             against
             all
             the
             Subjects
             of
             that
             Nation
             ,
             
               Regist.
               122.
               6.
            
             
             and
             46
             
               Hen.
               3.
            
             
             we
             find
             a
             more
             brief
             cause
             of
             Justice
             ,
             for
             there
             the
             King
             in
             respect
             of
             the
             loss
             which
             certain
             Merchants
             of
             
               London
            
             had
             sustained
             ,
             by
             an
             arrest
             made
             of
             their
             goods
             ,
             made
             by
             the
             Countesse
             of
             
               Flanders
               ,
            
             doth
             grant
             unto
             them
             all
             the
             Merchandizes
             whereof
             the
             
               Flemings
            
             were
             possest
             in
             
               England
               ,
               Rot.
               
               Pa.
               3
               E.
               1.
               m.
               19.
               in
               Archivis
               turris
               London
               :
            
             
             Whereupon
             the
             Lord
             Mayor
             of
             
               London
               ,
            
             did
             seize
             so
             much
             goods
             of
             the
             
               Flemish
            
             Merchants
             as
             amounted
             to
             730.
             
             Marks
             ,
             and
             delivered
             the
             same
             to
             
               Thomas
               Debassing
               ,
            
             and
             other
             Merchants
             ,
             who
             had
             suffered
             loss
             by
             that
             arrest
             ;
             and
             in
             the
             same
             Roll
             of
             
               3
               Ed.
               1.
            
             
             the
             Lord
             Mayor
             of
             
               London
               ,
            
             and
             Bailiffs
             of
             
               Southampton
               ,
            
             are
             commanded
             by
             the
             Kings
             Writ
             ,
             
               Quod
               omnes
               Mercatores
               Londienses
               ad
               partes
               Angliae
               accedentes
               per
               bona
               &
               catalla
               sua
               distringuantur
               sed
               in
               legem
               mercatoriā
               &
               consuetidinem
               Regni
               ad
               satisfaciendum
               Mercatoribus
               Florentinis
               de
               pecuniis
               ipst
               mutuo
               tradiderunt
               Willielmo
               Episcopo
               Leodiensi
               .
            
             Here
             we
             see
             that
             
               Lex
               mercatoria
               ,
            
             which
             doth
             
             apparently
             differ
             from
             the
             ordinary
             Cōmon
             Law
             of
             this
             Kingdom
             ,
             is
             said
             to
             be
             
               Consuetudo
               Regni
               .
            
          
           
             And
             lastly
             ,
             in
             a
             sute
             at
             the
             Common
             Law
             no
             mans
             Writing
             can
             be
             pleaded
             against
             him
             as
             his
             Act
             and
             Deed
             ,
             unlesse
             the
             same
             be
             sealed
             and
             delivered
             ;
             but
             in
             a
             sute
             between
             Merchants
             ,
             Bills
             of
             Lading
             ,
             Bills
             of
             Exchange
             ,
             being
             but
             Tickets
             without
             Seals
             ,
             Letters
             of
             advice
             and
             credences
             ,
             Policies
             of
             assurance
             ,
             Assignations
             of
             debts
             ,
             all
             which
             are
             of
             no
             force
             at
             the
             Common
             Law
             ,
             are
             of
             good
             credit
             and
             force
             by
             the
             Law
             Merchant
             .
          
           
             Thus
             we
             see
             how
             Merchandizes
             do
             differ
             from
             other
             goods
             and
             Chattles
             in
             the
             eye
             of
             the
             Law
             ,
             and
             how
             the
             Law
             Merchant
             doth
             differ
             from
             the
             common
             Law
             of
             
               England
               ,
            
             and
             how
             the
             Common
             Law
             doth
             admit
             and
             allow
             thereof
             .
             Our
             Parliaments
             likewise
             have
             not
             onely
             made
             extraordinary
             provision
             for
             the
             more
             speedy
             recovery
             of
             Debts
             due
             unto
             Merchants
             for
             their
             Merchandizes
             ,
             than
             is
             provided
             by
             our
             Common
             Law
             ,
             as
             appeareth
             by
             the
             Statute
             of
             
               Acton
               Burnell
               ,
            
             made
             the
             11
             
               Ed.
               1.
            
             and
             the
             Statute
             
               de
               Mercatoribus
            
             made
             
               13
               Ed.
               1.
            
             but
             also
             
             have
             course
             of
             proceedings
             ,
             in
             cases
             of
             Merchants
             differing
             from
             the
             course
             of
             our
             Common
             Law
             ,
             for
             by
             the
             Statute
             of
             27
             
               Ed.
               3.
               cap.
               2.
            
             
             it
             is
             declared
             ,
             that
             the
             proceedings
             in
             causes
             of
             Merchants
             shall
             be
             from
             day
             to
             day
             ,
             and
             hour
             to
             hour
             ,
             according
             to
             the
             Law
             of
             the
             Staple
             ,
             and
             not
             according
             to
             the
             course
             of
             the
             Common
             Law
             ;
             and
             by
             another
             Article
             in
             the
             same
             Parliament
             ,
             that
             all
             Merchants
             comming
             to
             the
             Staple
             ,
             should
             be
             ruled
             according
             to
             the
             Law
             of
             Merchants
             ,
             touching
             all
             things
             comming
             to
             the
             Staple
             ,
             and
             not
             by
             the
             Common
             Law
             of
             the
             Land
             ;
             and
             by
             another
             Article
             ,
             that
             neither
             of
             the
             Benches
             ,
             nor
             any
             ordinary
             Judges
             of
             the
             Common
             Law
             shall
             have
             any
             Jurisdiction
             in
             those
             cases
             ;
             and
             lastly
             ,
             that
             the
             Law
             of
             Marque
             and
             Reprisall
             ,
             which
             is
             a
             branch
             of
             the
             Law
             Merchant
             ,
             shall
             be
             used
             as
             it
             had
             been
             used
             in
             times
             past
             .
             So
             as
             the
             Parliament
             doth
             but
             declare
             the
             ancient
             Law
             ,
             and
             doth
             not
             introduce
             a
             new
             Law
             in
             those
             cases
             .
          
           
             Untill
             I
             understood
             this
             difference
             between
             Merchandizes
             &
             other
             goods
             ,
             and
             between
             the
             Law
             Merchant
             and
             the
             Common
             law
             of
             
               England
               ,
            
             I
             confess
             
             I
             did
             not
             a
             little
             marvell
             ,
             
               England
            
             being
             so
             rich
             ,
             and
             entertaining
             Traffique
             with
             all
             Nations
             of
             the
             World
             ,
             having
             so
             many
             fair
             Ports
             and
             so
             good
             Shipping
             ,
             the
             King
             of
             
               England
            
             also
             being
             the
             Lord
             of
             the
             Sea
             ,
             and
             also
             a
             principall
             part
             of
             his
             Royal
             Revenue
             consisting
             in
             duties
             payable
             for
             Merchandizes
             ,
             so
             as
             many
             Questions
             must
             of
             necessity
             arise
             in
             all
             ages
             touching
             Merchants
             and
             Merchandizes
             ,
             What
             should
             be
             the
             cause
             that
             in
             our
             Books
             of
             the
             Common
             Law
             of
             
               England
               ,
            
             there
             are
             to
             be
             found
             so
             few
             cases
             concerning
             Ships
             or
             Merchants
             ,
             or
             concerning
             Customes
             or
             Impositions
             payable
             for
             Merchandizes
             .
          
           
             But
             now
             the
             reason
             thereof
             is
             apparent
             ,
             for
             the
             Common
             Law
             of
             the
             Land
             doth
             leave
             these
             cases
             to
             be
             ruled
             by
             another
             
               Law
               ,
            
             namely
             the
             
               Law
            
             Merchant
             ,
             which
             is
             a
             branch
             of
             the
             
               Law
            
             of
             Nations
             .
          
           
             The
             Law
             Merchant
             ,
             as
             it
             is
             a
             part
             of
             the
             Law
             of
             Nature
             and
             Nations
             ,
             is
             universall
             and
             one
             and
             the
             same
             in
             all
             Countries
             in
             the
             World
             ,
             for
             as
             
               Cicero
            
             
             saith
             of
             the
             Law
             of
             Nations
             ,
             
               Non
               erit
               alia
               lex
               Romae
               ,
               alia
               Athenis
               ,
               alia
               nunc
               ,
               alia
               posthac
               ,
               sed
               &
               omnes
               gentes
               &
               omni
               tempore
               unalex
               
               eademque
               perpetua
               continebit
               ,
               &c.
               
            
             So
             may
             we
             say
             of
             the
             Law
             Merchant
             ,
             there
             is
             not
             one
             Law
             in
             
               England
               ,
            
             another
             in
             
               France
               ,
            
             another
             in
             
               Spain
               ,
            
             another
             in
             
               Germany
               ,
            
             but
             the
             same
             rules
             of
             reason
             ,
             and
             the
             like
             proceedings
             of
             the
             Law
             Merchant
             are
             observed
             in
             every
             Nation
             ;
             for
             as
             our
             Chancellor
             of
             
               England
            
             affirmeth
             ,
             13
             
               E.
               4.
               9.
               
            
             
             That
             the
             proceedings
             of
             the
             Law
             Merchant
             ought
             to
             be
             according
             to
             the
             Law
             of
             Nature
             ,
             which
             is
             universall
             ;
             so
             say
             the
             Civilians
             of
             severall
             Nations
             .
             The
             
               Italian
            
             Doctor
             saith
             ,
             
               In
               curia
               mercatorum
               naturalis
               aequitas
               praecipue
               expectanda
               ,
               &
               ex
               aequo
               &
               bono
               causas
               dirimendas
               esse
               ;
            
             The
             
               French
            
             man
             saith
             ,
             
               In
               curia
               mercatorum
               proceditur
               de
               mera
               aequitate
               omissis
               solemnitatibus
               &
               apicibus
               juris
               ;
            
             The
             
               Spaniard
            
             likewise
             saith
             ,
             
               Apices
               &
               subtilitas
               juris
               non
               considerantur
               in
               foro
               mercatorio
               ;
            
             whereby
             it
             is
             manifest
             ,
             that
             causes
             concerning
             Merchants
             and
             Merchandizes
             ,
             are
             not
             wont
             to
             be
             decided
             by
             the
             peculiar
             and
             ordinary
             Laws
             of
             every
             Country
             ,
             but
             by
             the
             generall
             Law
             of
             Nature
             and
             Nations
             ,
             out
             of
             which
             resulteth
             this
             Conclusion
             .
             Suppose
             it
             be
             admitted
             that
             by
             the
             positive
             Law
             of
             the
             land
             Taxes
             and
             Tallages
             may
             not
             be
             laid
             upon
             
             our
             goods
             within
             the
             land
             ,
             without
             an
             Act
             of
             Parliament
             ,
             yet
             by
             the
             Law
             of
             Nations
             ,
             and
             by
             the
             Law
             Merchant
             ,
             which
             are
             also
             the
             Law
             of
             
               England
               ,
            
             in
             cases
             of
             Merchandizes
             the
             King
             of
             
               England
               ,
            
             as
             well
             as
             other
             Kings
             ,
             may
             by
             vertue
             of
             his
             Prerogative
             ,
             without
             Act
             of
             Parliament
             ,
             lay
             Impositions
             upon
             Merchandizes
             crossing
             the
             Seas
             ,
             being
             goods
             whereupon
             the
             Law
             doth
             set
             another
             character
             than
             goods
             possessed
             in
             the
             land
             ,
             as
             is
             before
             expressed
             .
          
        
         
         
           
             CHAP.
             IV.
             
          
           
             
               Of
               the
               Imperial
               or
               Civil
               Law
               ,
               and
               of
               the
               extent
               of
               the
               Iurisdiction
               thereof
               ,
               of
               what
               force
               it
               is
               at
               this
               day
               within
               the
               Monarchies
               of
               
                 Europe
                 ,
              
               and
               in
               what
               case
               it
               is
               received
               within
               the
               King
               of
               
                 Englands
              
               Dominions
               ,
               and
               how
               it
               warranteth
               all
               Kings
               and
               Absolute
               Princes
               to
               lay
               Impositions
               upon
               Merchandizes
               .
            
          
           
             WHen
             the
             City
             of
             
               Rome
            
             was
             
               Gentium
               Domina
               &
               Civitas
               illa
               magna
               quae
               regnabat
               super
               Reges
               terrae
               ,
            
             The
             
               Roman
            
             Civil
             
             Law
             being
             communicated
             unto
             all
             the
             Subjects
             of
             that
             Empire
             ,
             became
             the
             Common
             Law
             ,
             as
             it
             were
             ,
             of
             the
             greatest
             part
             of
             the
             inhabited
             world
             ;
             yet
             the
             extent
             thereof
             was
             never
             so
             large
             as
             that
             of
             the
             general
             Law
             of
             Nature
             ,
             as
             it
             is
             noted
             by
             
               Cicero
               ,
               offic.
               lib.
               2.
               
            
             
             
               Majores
               nostri
               aliud
               jus
               Geutium
               ,
               aliud
               Civile
               jus
               esse
               voluerunt
               ,
               quod
               enim
               civile
               non
               idem
               continu●
               Gentium
               ,
               quod
               autem
               idem
               civile
               esse
               debet
               ,
            
             whereby
             it
             is
             manifest
             ,
             that
             the
             Law
             of
             Nations
             is
             and
             ought
             to
             be
             a
             binding
             
             Law
             in
             all
             States
             and
             Countries
             ;
             as
             it
             is
             binding
             ,
             so
             it
             is
             perpetuall
             ,
             and
             cannot
             be
             rejected
             ,
             as
             the
             Roman
             Civil
             Law
             is
             rejected
             in
             most
             of
             the
             Kingdoms
             in
             
               Europe
               ,
            
             in
             such
             cases
             as
             do
             arise
             within
             the
             body
             of
             every
             Kingdom
             .
          
           
             In
             
               France
               ,
               Philip
               le
               Bell
            
             (
             saith
             
               Bodin
            
             )
             
               de
               Repub.
               lib.
               2.
               cap.
               8.
            
             
             when
             he
             erected
             the
             Courts
             of
             Parliament
             at
             
               Paris
               ,
            
             and
             
               Mountpelier
               ,
            
             did
             expresly
             declare
             ,
             That
             they
             should
             not
             be
             bound
             in
             their
             judgments
             by
             the
             rule
             of
             the
             
               Roman
            
             Civil
             Law
             ,
             and
             in
             erecting
             of
             all
             the
             Universities
             of
             
               France
               ,
            
             they
             are
             charged
             in
             their
             severall
             Charters
             ,
             not
             to
             revive
             the
             profession
             of
             the
             Civil
             and
             Common
             Law
             ,
             as
             of
             binding
             Laws
             in
             that
             Kingdom
             ,
             and
             therfore
             
               Earum
               non
               imperio
               sed
               ratione
               utimur
               ,
            
             saith
             another
             learned
             Doctor
             of
             
               France
               .
            
          
           
             In
             
               Spain
               ,
            
             saith
             
               Bodin
               ,
            
             
             in
             the
             same
             place
             ,
             several
             Kings
             have
             made
             Edicts
             ,
             that
             no
             man
             upon
             pain
             of
             death
             ,
             should
             allege
             the
             
               Roman
            
             Civill
             Law
             as
             a
             binding
             Law
             in
             their
             Dominions
             .
          
           
             And
             that
             
               Stephen
            
             King
             of
             
               Spain
            
             
             did
             forbid
             the
             publique
             pleading
             of
             the
             Civill
             Law
             .
          
           
             As
             for
             
               England
               ,
            
             to
             omit
             what
             Pope
             
               Elutherius
            
             
             wrote
             in
             his
             Epistle
             to
             
               Lucius
            
             
             the
             first
             Christian
             Monarch
             of
             the
             
               Britains
               ,
            
             and
             whereof
             mention
             is
             made
             in
             Saint
             
               Edwards
            
             Laws
             
               de
               protestate
               Regia
               &
               Ecclesiastica
               ,
            
             published
             in
             the
             time
             of
             3
             
               Hen.
               8.
               petiistis
            
             (
             saith
             he
             )
             
               leges
               Romanas
               &
               Caesaris
               vobis
               transmitti
               quibus
               in
               regno
               Eritaniae
               uti
               voluistis
               ,
               leges
               Romanas
               &
               Caesaris
               reprobare
               possumus
               ,
               legem
               Dei
               nequaquam
               ,
               &c.
               
            
             In
             a
             Parliament
             holden
             in
             
               England
               11
               R.
               2.
            
             when
             a
             course
             of
             proceedings
             in
             Criminal
             causes
             ,
             according
             to
             the
             Civil
             Law
             was
             propounded
             ,
             an
             answer
             was
             made
             by
             all
             the
             States
             assembled
             ,
             That
             the
             Realm
             of
             
               England
            
             neither
             had
             been
             in
             former
             times
             ,
             nor
             hereafter
             should
             be
             ruled
             and
             governed
             by
             the
             Civil
             Law
             ,
             
               Rot.
               Parliament
               .
               11
               R.
               2.
            
             
             in
             
               Archivis
               turris
               London
               ,
            
             and
             accordingly
             
               Chopinus
            
             
             the
             
               French
            
             Lawyer
             in
             his
             Book
             
               de
               Domino
               Franciae
               tit.
               28.
            
             speaking
             of
             the
             Civil
             law
             ,
             
               hujus
               Romani
               juris
            
             (
             saith
             he
             )
             
               nullus
               apud
               Anglos
               usus
               ,
               sed
               ex
               veteri
               gentis
               instituto
               Britani
               reguntur
               legibus
               municipialibus
               quas
               illis
               majorum
               mores
               praescripserunt
               .
            
          
           
             But
             this
             is
             to
             be
             understood
             of
             causes
             arising
             within
             the
             Land
             onely
             ;
             for
             all
             Marine
             and
             Sea
             causes
             which
             doe
             arise
             for
             the
             most
             part
             concerning
             Merch
             .
             and
             Merchandizes
             crossing
             the
             seas
             ,
             our
             Kings
             
             have
             ever
             used
             the
             
               Roman
            
             Civil
             Law
             for
             the
             deciding
             &
             determining
             therof
             ,
             as
             the
             
               Romans
            
             did
             use
             the
             Law
             of
             the
             
               Rhodians
            
             
             in
             those
             cases
             ,
             according
             to
             the
             memorable
             rescript
             of
             the
             Emperour
             
               Anthonius
               ,
               terram
               suis
               legibus
               Rhodits
               Regi
               .
            
             How
             be
             it
             now
             ,
             those
             Laws
             of
             the
             
               Rhodians
            
             are
             digested
             and
             incorporated
             into
             one
             body
             of
             the
             Civil
             Law
             ;
             the
             jurisdiction
             touching
             causes
             arising
             upon
             the
             Sea
             ,
             is
             committed
             by
             the
             King
             of
             
               England
            
             to
             his
             Admirall
             ,
             who
             in
             his
             Court
             of
             Admiralty
             doth
             proceed
             in
             those
             cases
             according
             to
             the
             rule
             of
             the
             Civil
             Law
             .
          
           
             Now
             for
             the
             Rules
             of
             the
             Civill
             Law
             touching
             the
             power
             of
             Kings
             ,
             in
             laying
             Impositions
             upon
             Merchandizes
             ,
             the
             same
             are
             clear
             without
             question
             ,
             and
             observed
             without
             contradiction
             in
             all
             the
             nations
             of
             the
             world
             ,
             
               Regii
               tantum
               juris
               ac
               muneris
               est
               vectigalia
               imponere
               ,
               redditus
               ,
               seu
               vectigalia
               portus
               quae
               perveniant
               ex
               his
               quae
               in
               portum
               vel
               ex
               portu
               vehentur
               regalia
               sunt
               ,
               Rex
               qui
               non
               recognoscit
               superior
               em
               potest
               instituere
               nova
               vectigalia
               ,
               &c.
               hoc
               est
               jus
               totius
               mundi
               ,
               totus
               mundus
               .
               hoc
               jure
               utitur
               ,
            
             the
             D.
             Doctors
             who
             interpret
             the
             Imperiall
             Law
             ,
             have
             their
             Books
             full
             of
             these
             Rules
             .
          
           
           
             And
             if
             it
             be
             objected
             ,
             That
             these
             rules
             of
             the
             Imperiall
             Law
             are
             onely
             intended
             of
             the
             Emperour
             ,
             a
             learned
             Civilian
             hath
             this
             position
             ,
             
               plus
               juris
               habet
               Rex
               in
               Regno
               quam
               Imperator
               in
               imperio
               ,
               quia
               Rex
               transmittit
               regnum
               ad
               successionem
               quod
               non
               facit
               imperator
               ,
               qui
               est
               tantum
               electionis
               ,
               &c.
               
            
          
           
             Lastly
             ,
             when
             I
             speak
             of
             the
             rules
             of
             the
             Civil
             Law
             ,
             and
             make
             use
             thereof
             ,
             I
             do
             apply
             the
             same
             onely
             in
             cases
             of
             Merchandizes
             crossing
             the
             Seas
             ,
             which
             I
             do
             expresse
             by
             way
             of
             protestation
             ,
             that
             I
             may
             not
             be
             mistaken
             here
             ,
             and
             in
             other
             places
             where
             I
             cite
             the
             Text
             of
             the
             Imperiall
             Law
             ,
             as
             if
             I
             intended
             that
             Law
             to
             be
             of
             force
             in
             
               England
            
             generally
             ,
             as
             in
             other
             places
             .
          
        
         
         
           
             CHAP.
             V.
             
          
           
             
               Of
               the
               Canon
               or
               Ecclesiastical
               Law
               ,
               and
               how
               far
               forth
               it
               doth
               examine
               and
               resolve
               this
               Question
               in
               cases
               of
               Conscience
               only
               .
            
          
           
             THe
             Canon
             Law
             
             is
             received
             and
             admitted
             in
             
               England
               ,
            
             as
             a
             binding-Law
             in
             cases
             Ecclesiasticall
             ,
             which
             are
             indeed
             the
             proper
             Subjects
             of
             that
             Law
             .
             But
             this
             question
             of
             Imposition
             is
             meerly
             Civil
             ,
             and
             therefore
             the
             Canon
             Law
             doth
             not
             handle
             it
             but
             in
             cases
             of
             Conscience
             only
             ,
             &
             so
             indeed
             it
             doth
             examin
             and
             determine
             in
             what
             cases
             an
             absolute
             Prince
             may
             with
             a
             good
             conscience
             lay
             and
             demand
             new
             Impositions
             ,
             
               Decret.
               causa
               24.
               
               Quaesti
               .
               3.
               
            
             
             
               Princeps
               potest
               indicere
               nova
               vectigaliae
               ,
            
             and
             in
             
               Summa
               summarum
               tit.
               de
               gabellis
               &
               exactionibus
               ,
            
             these
             rules
             and
             distinctions
             are
             laid
             down
             .
          
           
             Quilibet
             Monarcha
             potest
             imponere
             novum
             vectigal
             ,
             quod
             tamen
             boni
             viri
             arbitrio
             moderandum
             est
             ,
             potest
             Princeps
             imponere
             vectigal
             ultra
             conventionem
             in
             duobus
             casibus
             
             1.
             quando
             redditus
             ejus
             non
             sufficiunt
             ad
             segimē
             boni
             &
             cōmunis
             &
             decentiam
             status-ejus
             .
             2.
             quando
             non
             sufficiunt
             ex
             nova
             emergentia
             principes
             enim
             sunt
             à
             Deo
             instituti
             ut
             nō
             quaerant
             propria
             Lucra
             ,
             sed
             cōmunem
             utilitatem
             populorum
             ,
             lilia
             agri
             neque
             arant
             neque
             nent
             ,
             
               which
               may
               be
               applyed
               ,
               saith
               a
               French
               Monk
               ,
               to
               all
               Princes
               ,
               but
               espicially
               to
               the
               Kings
               of
            
             France
             ,
             
               because
               they
               bore
               the
               Lilies
               .
            
          
           
             The
             Canonists
             
             do
             likewise
             allege
             the
             example
             of
             our
             Saviour
             ,
             who
             paid
             an
             Imposition
             of
             Poll-money
             ,
             
             and
             wrought
             a
             miracle
             to
             enable
             himself
             to
             do
             it
             ;
             that
             the
             Tribute-money
             which
             Christ
             commanded
             to
             be
             paid
             ,
             
               Date
               Caesari
               quae
               sunt
               Caesaris
               ,
            
             and
             the
             Custome
             which
             Saint
             
               Paul
            
             
             willeth
             every
             Christian
             to
             pay
             willingly
             ,
             
               reddite
               omnibus
               ,
               cui
               tributum
               ,
               cui
               vectigal
               ,
            
             were
             but
             Impositions
             raised
             by
             the
             Emperours
             Edict
             only
             ,
             without
             the
             consent
             of
             the
             people
             ;
             and
             yet
             Saint
             
               Paul
            
             requires
             obedience
             to
             Princes
             in
             that
             case
             ,
             not
             only
             for
             fear
             of
             the
             Princes
             displeasure
             ,
             but
             for
             conscience
             sake
             ,
             
               non
               solum
               propter
               iram
               sed
               propter
               conscientiam
               .
            
          
        
         
         
           
             CHAP.
             VI
             .
          
           
             
               That
               this
               Question
               of
               Imposition
               may
               be
               examined
               and
               decided
               as
               well
               by
               the
               rules
               of
               the
               Laws
               before
               mentioned
               ,
               as
               by
               the
               rules
               of
               our
               Municipiall
               Laws
               or
               Common
               Law
               of
               
                 England
                 .
              
            
          
           
             FOrasmuch
             as
             the
             general
             Law
             of
             Nations
             ,
             which
             is
             and
             ought
             to
             be
             Law
             in
             all
             Kingdoms
             ,
             and
             the
             Law
             Merchant
             is
             also
             a
             branch
             of
             that
             Law
             ,
             and
             likewise
             the
             Imperiall
             or
             Roman
             Law
             have
             been
             ever
             admitted
             ,
             had
             ,
             received
             ,
             by
             the
             Kings
             and
             people
             of
             
               England
               ,
            
             in
             causes
             concerning
             Merchants
             and
             Merchandizes
             ,
             and
             so
             are
             become
             the
             Law
             of
             the
             Land
             in
             those
             cases
             ;
             why
             should
             not
             this
             Question
             of
             Impositions
             be
             examined
             and
             decided
             by
             the
             rules
             of
             those
             Laws
             so
             far
             forth
             as
             the
             same
             doth
             concern
             Merchants
             &
             Merchandizes
             ,
             as
             well
             as
             by
             the
             rules
             of
             our
             Customary
             or
             Common
             Law
             of
             
               England
               ,
            
             especially
             be
             cause
             the
             rules
             of
             those
             other
             Laws
             are
             well
             known
             to
             the
             other
             Nations
             ,
             with
             
             whom
             we
             have
             commerce
             ,
             and
             to
             whō
             and
             from
             whom
             all
             Merchandizes
             are
             transported
             ,
             wheras
             the
             rules
             of
             our
             own
             Municipall
             Laws
             are
             only
             known
             within
             our
             Islands
             ;
             and
             if
             this
             Question
             may
             be
             decided
             either
             by
             the
             Laws
             of
             Nations
             ,
             or
             by
             the
             Law
             Merchant
             which
             is
             but
             a
             member
             thereof
             ,
             or
             by
             the
             Roman
             Civil
             Law
             ,
             we
             find
             this
             point
             clearly
             and
             absolutely
             determined
             ,
             and
             over-ruled
             by
             the
             rules
             of
             those
             Lawes
             ,
             
               viz.
            
             That
             all
             absolute
             Kings
             and
             Princes
             may
             set
             Impositions
             upon
             Merchandizes
             by
             their
             Prerogatives
             ,
             and
             thereupon
             we
             may
             conclude
             ,
             that
             since
             one
             Monarch
             hath
             as
             much
             power
             as
             another
             ,
             as
             
               Fortescue
            
             
             in
             his
             Book
             
               de
               Laudibus
               legum
               Angliae
               ,
            
             affirmeth
             ,
             the
             K.
             of
             
               England
               ,
            
             as
             well
             as
             any
             other
             King
             ,
             as
             the
             Emperour
             himself
             ,
             
               cum
               ipse
               omnes
               libertates
               habet
               in
               regno
               suo
               quas
               imperator
               vindicat
               in
               imperio
               ,
            
             As
             King
             
               William
               Rufus
            
             told
             the
             Arch-Bishop
             
               Anselm
               ,
            
             may
             by
             vertue
             of
             his
             Royal
             Prerogative
             annexed
             to
             his
             Crown
             ,
             and
             inherent
             to
             his
             Scepter
             ,
             lay
             Impositions
             upon
             Merchandizes
             exported
             or
             imported
             into
             any
             of
             his
             Kingdoms
             or
             Doninions
             .
          
        
         
         
           
             CHAP.
             VII
             .
          
           
             
               Of
               the
               Kings
               Prerogatives
               in
               general
               ,
               and
               that
               the
               same
               do
               consist
               in
               certain
               speciall
               points
               or
               cases
               reserved
               to
               the
               absolute
               power
               of
               the
               Crown
               ;
               when
               the
               Positive
               Law
               was
               first
               established
               ,
               and
               that
               the
               Canon
               Law
               of
               
                 England
              
               doth
               acknowledge
               and
               submit
               it self
               to
               those
               Prerogatives
               .
            
          
           
             BY
             the
             Law
             of
             Nature
             all
             things
             were
             cōmon
             ,
             and
             all
             persons
             equal
             ,
             there
             was
             neither
             
               Meum
            
             nor
             
               Tuum
               ,
            
             there
             was
             neither
             King
             nor
             Subject
             ;
             then
             came
             in
             the
             Law
             of
             Nations
             ,
             which
             did
             limit
             the
             Law
             of
             Nature
             ,
             and
             brought
             in
             property
             ,
             which
             brought
             in
             community
             of
             things
             ,
             which
             brought
             in
             Kings
             and
             Rulers
             ,
             which
             took
             away
             equality
             of
             persons
             ,
             for
             property
             caused
             Contracts
             ,
             Trade
             ,
             and
             Traffique
             ,
             which
             could
             not
             be
             ministred
             without
             a
             King
             or
             Magistrate
             ;
             so
             as
             the
             first
             and
             principal
             cause
             of
             making
             Kings
             ,
             was
             to
             maintain
             property
             and
             Contracts
             ,
             and
             Traffique
             ,
             and
             Commerce
             amongst
             men
             .
             Hereupon
             by
             
             the
             same
             Law
             of
             Nations
             ,
             Tributes
             and
             Customes
             became
             due
             to
             the
             King
             or
             Prince
             to
             maintain
             him
             in
             his
             place
             of
             Government
             ,
             
               quasi
               Ministerii
               sui
               stipendia
               ,
            
             saith
             the
             School-man
             ,
             
               Deo
               Minister
               est
               tibi
               in
               bonum
               ideo
               &
               tributa
               potestas
               ,
            
             saith
             Saint
             
               Paul
               ,
            
             and
             all
             these
             things
             ,
             namely
             Property
             ,
             and
             Contract
             ,
             and
             Kings
             ,
             and
             Customes
             ,
             were
             before
             any
             positive
             Law
             was
             made
             ;
             then
             came
             the
             positive
             Law
             ,
             and
             limited
             the
             Law
             of
             Nations
             ,
             whereas
             by
             the
             Law
             of
             Nations
             the
             King
             had
             an
             absolute
             and
             unlimited
             power
             in
             all
             matters
             whatsoever
             .
             By
             the
             positive
             Law
             the
             King
             himself
             was
             pleased
             to
             limit
             and
             stint
             his
             absolute
             power
             ,
             and
             to
             tye
             himself
             to
             the
             ordinary
             rules
             of
             the
             Law
             ,
             in
             common
             and
             ordinary
             cases
             ,
             worthily
             and
             princely
             ,
             according
             to
             the
             Roman
             Emperour
             ,
             
               Dignissimum
               Principe
               Rex
               se
               allegatum
               legibus
               confiteri
               ,
            
             retaining
             and
             reserving
             notwithstanding
             in
             many
             points
             that
             absolute
             &
             unlimited
             power
             which
             was
             given
             unto
             him
             by
             the
             Law
             of
             Nations
             ,
             and
             in
             these
             cases
             or
             points
             ,
             the
             Kings
             Prerogatives
             do
             confist
             ;
             so
             as
             the
             Kings
             Prerogatives
             were
             not
             granted
             unto
             him
             by
             the
             people
             ,
             but
             reserved
             by
             himself
             to
             himself
             ,
             when
             the
             positive
             
             Law
             was
             first
             established
             ;
             and
             the
             King
             doth
             exercise
             a
             double
             power
             ,
             
               viz.
            
             an
             absolute
             power
             ,
             or
             
               Merum
               Imperium
               ,
            
             when
             he
             doth
             use
             Prerogatives
             onely
             ,
             which
             is
             not
             bound
             by
             the
             positive
             Law
             ;
             and
             an
             ordinary
             power
             of
             Jurisdiction
             ,
             which
             doth
             co-operate
             with
             the
             Law
             ,
             &
             whereby
             he
             doth
             minister
             Justice
             to
             the
             people
             ,
             according
             to
             the
             prescript
             rule
             of
             the
             positive
             Law
             ;
             as
             for
             example
             ,
             the
             King
             doth
             not
             condemn
             all
             Malefactors
             ,
             but
             by
             the
             rule
             of
             the
             positive
             Law
             ;
             but
             when
             the
             Malefactor
             is
             condemned
             by
             the
             Law
             ,
             he
             giveth
             him
             a
             pardon
             by
             his
             absolute
             Prerogative
             .
          
           
             Again
             ,
             the
             King
             doth
             punish
             the
             breach
             of
             the
             Peace
             within
             the
             Land
             ,
             by
             the
             ordinary
             course
             of
             the
             Cōmon
             Law
             ,
             but
             he
             doth
             make
             War
             and
             Peace
             with
             Forreign
             Nations
             ,
             
               Quod
               pertinet
               ad
               liberum
               jus
               gladii
               ,
            
             as
             a
             Doctor
             speaketh
             ,
             by
             that
             absolute
             and
             unlimited
             power
             ,
             which
             the
             Law
             of
             Nations
             hath
             given
             unto
             him
             .
          
           
             Again
             ,
             the
             King
             doth
             establish
             the
             Standard
             of
             Money
             by
             vertue
             of
             his
             Prerogative
             only
             ,
             for
             the
             Common
             Law
             doth
             give
             no
             rule
             touching
             the
             matter
             ,
             or
             form
             ,
             or
             value
             thereof
             ;
             but
             when
             
             those
             Monies
             are
             dispersed
             into
             the
             hands
             of
             the
             Subjects
             ,
             the
             same
             do
             become
             subject
             in
             respect
             of
             the
             property
             thereof
             ,
             to
             the
             ordinary
             rules
             of
             the
             Common
             Law
             .
          
           
             Again
             ,
             the
             right
             of
             Free-hold
             and
             all
             Inheritance
             ,
             and
             all
             Contracts
             reall
             and
             personall
             ,
             arising
             within
             the
             Land
             ,
             are
             left
             to
             be
             decided
             by
             the
             positive
             Law
             of
             the
             Land
             ;
             but
             the
             Government
             and
             ordering
             of
             Traffique
             ,
             Trade
             ,
             and
             Commerce
             ,
             both
             within
             the
             Land
             and
             without
             ,
             doth
             rest
             in
             the
             Crown
             as
             a
             principall
             Prerogative
             ,
             wherein
             the
             King
             is
             like
             to
             
               Primum
               mobile
               ,
            
             which
             carrieth
             about
             all
             the
             inferiour
             Spheres
             in
             his
             superiour
             Course
             ,
             and
             yet
             doth
             suffer
             all
             the
             Planets
             underneath
             him
             to
             finish
             all
             their
             divers
             and
             particular
             courses
             ;
             or
             rather
             he
             doth
             imitate
             the
             Divine
             Majesty
             ,
             which
             in
             the
             Government
             of
             the
             world
             doth
             suffer
             things
             for
             the
             most
             part
             to
             passe
             according
             to
             the
             order
             and
             course
             of
             Nature
             ,
             yet
             many
             times
             doth
             shew
             his
             extraordinary
             power
             in
             working
             of
             miracles
             above
             Nature
             .
          
           
             And
             truly
             ,
             as
             the
             King
             doth
             suffer
             the
             customary
             Law
             of
             
               England
            
             to
             have
             
             her
             course
             on
             the
             one
             side
             ,
             so
             doth
             the
             same
             Law
             yeeld
             ,
             submit
             ,
             and
             give
             way
             to
             the
             Kings
             Prerogative
             over
             the
             other
             ;
             and
             therefore
             in
             the
             
               1
               Hen.
               7.
               fol.
               23.
            
             
             there
             is
             a
             rule
             ,
             That
             every
             Custome
             is
             void
             in
             Law
             
               quae
               exaltat
               in
               praerogativum
               Regis
               ,
            
             which
             is
             an
             argument
             ,
             that
             the
             Kings
             Prerogative
             is
             more
             ancient
             than
             the
             customary
             Law
             of
             the
             Realm
             ;
             besides
             ,
             the
             power
             of
             the
             Kings
             Prerogative
             above
             the
             Common
             Law
             doth
             appear
             in
             this
             ,
             That
             whereas
             all
             privileges
             do
             flow
             ,
             and
             are
             derived
             from
             the
             Kings
             Prerogative
             ,
             and
             every
             privilege
             in
             one
             point
             or
             other
             
               privat
               communem
               legem
               ,
            
             yet
             the
             Common
             Law
             doth
             admit
             and
             allow
             of
             privileges
             granted
             by
             vertue
             of
             the
             King
             Prerogative
             .
          
        
         
         
           
             CHAP.
             VIII
             .
          
           
             
               Of
               the
               Kings
               Prerogative
               in
               the
               ordering
               and
               governing
               of
               all
               Trade
               and
               Traffique
               in
               Corporations
               ,
               Markets
               ,
               and
               Fairs
               within
               the
               Land
               ,
               and
               the
               Common
               Law
               doth
               acknowledge
               this
               Prerogative
               ,
               and
               submit
               it self
               thereunto
               .
            
          
           
             FIrst
             ,
             it
             is
             manifest
             that
             all
             Corporations
             of
             Cities
             and
             Boroughes
             within
             the
             Land
             ,
             were
             chiefly
             instituted
             for
             Trade
             and
             Commerce
             ,
             and
             not
             by
             the
             rule
             of
             Common
             Law
             ;
             no
             such
             Corporation
             can
             be
             made
             but
             by
             the
             Kings
             Charter
             ;
             for
             though
             there
             have
             been
             some
             Corporations
             which
             have
             been
             time
             out
             of
             mind
             ,
             yet
             the
             Law
             presumes
             that
             the
             same
             at
             first
             had
             their
             beginnings
             by
             the
             Grant
             of
             the
             King
             ;
             besides
             ,
             we
             find
             in
             divers
             ancient
             Charters
             made
             unto
             those
             Corporations
             ,
             a
             power
             granted
             unto
             the
             King
             to
             take
             
               de
               omnibus
               rebus
               venalibus
            
             within
             their
             Liberties
             ,
             certain
             sums
             of
             Money
             ,
             
               viz.
               de
               libra
               piperis
               ,
            
             so
             much
             ,
             
               de
               libra
               zinziberis
               ,
            
             so
             much
             ,
             
               de
               
               quolibet
               panno
               ,
               &c.
            
             for
             murage
             ,
             or
             towards
             the
             reparation
             of
             their
             Walls
             ,
             which
             is
             nothing
             else
             but
             an
             Imposition
             laid
             by
             the
             Kings
             Charter
             to
             maintain
             those
             Cities
             &
             Boroughs
             wherein
             Trade
             and
             Traffique
             is
             maintained
             ;
             wee
             find
             such
             a
             Charter
             granted
             to
             
               Nottingham
               ,
               3
               Edw.
               1.
               pat
               .
               m.
               21.
               
               in
               Arch.
               turris
               London
               .
            
             The
             like
             is
             granted
             to
             
               Cloneniell
               ,
            
             and
             to
             some
             other
             Towns
             in
             
               Ireland
               .
               F.
               N.
               170.
               
               
               B.
               
            
             We
             find
             a
             Patent
             granted
             to
             a
             Burrough
             in
             
               England
               ,
            
             to
             take
             for
             five
             years
             a
             certain
             sum
             of
             Money
             of
             every
             Passenger
             ,
             toward
             the
             paving
             of
             the
             same
             Town
             .
          
           
             Again
             ,
             no
             Fair
             or
             Market
             may
             bee
             holden
             within
             the
             Realm
             ,
             neither
             can
             a
             multitude
             of
             Subjects
             assemble
             themselves
             together
             to
             that
             end
             ,
             without
             a
             speciall
             Warrant
             or
             Grant
             of
             the
             King
             ;
             and
             when
             a
             Subject
             hath
             a
             Grant
             of
             a
             Fair
             ,
             he
             hath
             a
             Court
             of
             Py-powder
             incident
             thereunto
             ,
             wherein
             the
             proceeding
             in
             Summary
             
               &
               de
               plano
            
             from
             hour
             to
             hour
             ,
             as
             in
             the
             Court
             of
             Merchants
             ;
             And
             for
             the
             Government
             of
             all
             Fairs
             and
             Markets
             ,
             especially
             touching
             Weights
             and
             Measures
             ,
             the
             Standard
             whereof
             was
             first
             established
             by
             the
             Kings
             Ordinance
             ,
             
             to
             whom
             the
             establishing
             of
             the
             Standard
             Monies
             ,
             which
             is
             
               mensura
               publica
               omnium
               rerum
               commutabilium
               ,
            
             is
             also
             reserved
             as
             a
             speciall
             Commoditie
             .
          
           
             Besides
             ,
             in
             every
             Fair
             and
             Market
             where
             things
             are
             bought
             by
             retail
             ,
             for
             the
             necessary
             use
             of
             the
             Buyer
             ,
             and
             not
             to
             sell
             the
             same
             again
             as
             Merchandizes
             in
             another
             Market
             ,
             for
             that
             is
             regrating
             and
             unlawfull
             ,
             by
             the
             rule
             of
             the
             Common
             Law
             ,
             There
             is
             a
             Toll
             taken
             ,
             which
             is
             nothing
             else
             but
             an
             Imposition
             laid
             upon
             the
             Buyer
             ,
             and
             that
             that
             Toll
             was
             originally
             imposed
             by
             the
             Kings
             Prerogative
             ,
             it
             is
             manifest
             in
             this
             ,
             that
             the
             ancient
             Tenants
             of
             the
             Crown
             ,
             namely
             the
             Tenants
             in
             ancient
             Demeasne
             ,
             are
             discharged
             of
             Toll
             in
             all
             Markets
             and
             Fairs
             ;
             and
             that
             the
             King
             by
             Charter
             hath
             discharged
             divers
             other
             persons
             of
             Toll
             ,
             as
             appeareth
             in
             the
             Register
             of
             Writs
             ,
             and
             
               Fitz.
               
               Na.
               Brevium
               ,
            
             where
             we
             find
             divers
             Writs
             
               essend
               quiet
               de
               Theolneo
               .
            
             But
             this
             discharge
             of
             Toll
             is
             onely
             for
             things
             bought
             for
             necessary
             use
             of
             the
             Buyer
             ,
             and
             for
             Merchandizes
             ,
             for
             the
             Tenants
             in
             ancient
             Demeasne
             are
             discharged
             of
             Toll
             ,
             for
             such
             things
             only
             as
             are
             for
             their
             provisions
             ,
             or
             manurance
             of
             their
             lands
             ,
             
             and
             in
             the
             Writ
             which
             dischargeth
             the
             goods
             of
             Ecclesiasticall
             persons
             of
             this
             Toll
             ,
             there
             is
             this
             clause
             ,
             
               dummodo
               non
               faciat
               Merchandizas
               de
               iisdem
               ,
            
             as
             is
             before
             declared
             .
          
           
             Lastly
             ,
             the
             Kings
             Prerogative
             in
             the
             Ordering
             and
             Government
             of
             Trade
             within
             the
             Realm
             ,
             doth
             appear
             in
             that
             notable
             Charter
             granted
             to
             the
             Abbot
             of
             
               Westminster
               ,
            
             recited
             in
             the
             Register
             of
             Writs
             ,
             
               fol.
               107.
            
             
             wherein
             the
             King
             doth
             grant
             to
             the
             Abbot
             and
             his
             Successors
             ,
             to
             hold
             a
             Fair
             at
             
               Westminster
            
             for
             thirty
             two
             dayes
             together
             ,
             with
             a
             prohibition
             that
             no
             man
             should
             buy
             or
             sell
             within
             seven
             miles
             of
             that
             Fair
             ,
             during
             that
             time
             .
          
        
         
         
           
             CHAP.
             IX
             .
          
           
             
               That
               the
               King
               hath
               another
               Prerogative
               in
               the
               Government
               in
               the
               Trade
               of
               Merchandizes
               crossing
               the
               Seas
               ,
               differening
               from
               the
               Prerogative
               which
               he
               useth
               and
               ordereth
               in
               Trade
               and
               Traffique
               in
               Markets
               and
               Fairs
               within
               the
               Land
               ,
               and
               of
               the
               difference
               between
               Custome
               and
               Toll
               by
               the
               rules
               of
               the
               Common
               Law
               .
            
          
           
             TOuching
             Merchandizes
             crossing
             the
             Seas
             outward
             and
             inward
             ,
             the
             same
             are
             of
             another
             quality
             ,
             and
             the
             Law
             hath
             another
             consideration
             thereof
             ,
             than
             it
             hath
             of
             such
             things
             as
             are
             bought
             and
             sold
             in
             Fairs
             and
             Markets
             within
             the
             Land
             ,
             as
             is
             before
             expressed
             ;
             and
             therefore
             the
             duties
             payable
             upon
             the
             exportation
             and
             importation
             of
             Merchandizes
             ,
             have
             another
             name
             ,
             being
             called
             Customes
             ,
             and
             not
             Toll
             ,
             
             and
             are
             also
             paid
             in
             another
             manner
             ,
             for
             Customes
             must
             be
             paid
             before
             the
             Merchandizes
             be
             discharged
             and
             brought
             to
             Land
             ;
             whereas
             toll
             is
             not
             paiable
             but
             for
             goods
             brought
             
             into
             the
             Fair
             or
             Market
             .
          
           
             Again
             ,
             Custome
             must
             be
             paid
             whether
             the
             Merchandizes
             be
             sold
             or
             not
             ,
             but
             Toll
             is
             not
             due
             but
             for
             goods
             bought
             and
             sold
             in
             the
             Market
             .
          
           
             Again
             ,
             Custom
             is
             alwayes
             paid
             by
             the
             Merchant
             ,
             who
             selleth
             or
             intendeth
             to
             sell
             his
             Merchandizes
             in
             grosse
             ;
             but
             Toll
             is
             ever
             paid
             by
             the
             party
             who
             buyeth
             some
             Commodity
             for
             his
             proper
             use
             and
             provision
             by
             retail
             .
          
           
             Lastly
             ,
             if
             Customes
             be
             not
             paid
             or
             agreed
             for
             before
             the
             Merchandizes
             be
             discharged
             and
             brought
             to
             Land
             ,
             the
             Merchandizes
             are
             
               ipso
               facto
            
             forfeited
             ,
             and
             may
             presently
             be
             seized
             to
             the
             use
             of
             the
             King
             ;
             but
             if
             Toll
             be
             not
             paid
             ,
             the
             thing
             sold
             is
             not
             forfeited
             ,
             only
             it
             may
             be
             distrained
             and
             detained
             till
             the
             Toll
             bee
             paid
             ;
             or
             an
             Action
             upon
             the
             Case
             may
             be
             brought
             for
             the
             Toll
             .
             These
             differences
             between
             Custome
             and
             Toll
             do
             apparently
             prove
             that
             Merchandizes
             for
             which
             Customes
             are
             paid
             ,
             do
             differ
             from
             other
             goods
             sold
             in
             the
             Markets
             and
             Fairs
             ,
             for
             which
             Toll
             is
             taken
             ,
             and
             that
             the
             Trade
             of
             Merchandizes
             crossing
             the
             Seas
             ,
             and
             the
             Trade
             that
             is
             used
             in
             Markets
             and
             Fairs
             ,
             are
             ordered
             by
             different
             
             Prerogatives
             ;
             and
             as
             the
             Tolls
             of
             severall
             kinds
             which
             are
             taken
             in
             Markets
             ,
             Fairs
             ,
             and
             Towns
             Corporate
             ,
             were
             first
             imposed
             by
             vertue
             of
             that
             Prerogative
             ,
             whereby
             the
             King
             ordereth
             all
             Trade
             within
             the
             Land
             ;
             so
             by
             vertue
             of
             that
             other
             Prerogative
             whereby
             the
             King
             governeth
             the
             Trade
             of
             Merchandizes
             crossing
             the
             Seas
             ,
             the
             Crown
             of
             
               England
               ,
            
             ever
             since
             the
             first
             institution
             of
             the
             Monarchy
             ,
             hath
             from
             time
             to
             time
             raised
             and
             received
             out
             of
             Merchandizes
             ,
             Customes
             ,
             and
             Impositions
             ,
             of
             divers
             Nature
             and
             Natures
             ,
             according
             to
             the
             diversities
             of
             Merchandizes
             exported
             and
             imported
             ,
             and
             the
             divers
             occasions
             and
             necessities
             of
             the
             comercion
             .
          
        
         
         
           
             CHAP.
             X.
             
          
           
             
               Of
               the
               ancient
               duty
               called
               Custome
               ,
               payable
               for
               our
               principall
               Commodities
               exported
               ,
               and
               that
               it
               was
               originally
               an
               Imposition
               .
            
          
           
             THE
             ancient
             duties
             payable
             for
             Merchandizes
             ,
             were
             but
             of
             two
             kinds
             ,
             and
             known
             by
             two
             names
             ,
             Customes
             and
             Prizes
             ;
             Customes
             were
             paid
             for
             Homebred
             and
             Native
             Commodities
             exported
             ,
             and
             Prizes
             were
             taken
             out
             of
             Forreign
             Commodities
             imported
             .
          
           
             The
             Native
             Cōmodities
             out
             of
             which
             Custome
             was
             paid
             ,
             were
             Wooll
             ,
             Wooll-fells
             ,
             and
             Leather
             ,
             and
             this
             Custome
             did
             consist
             of
             rertain
             rates
             or
             sums
             of
             Mony
             ,
             imposed
             by
             the
             King
             upon
             those
             Merchandizes
             exported
             ,
             which
             rates
             were
             raised
             and
             reduced
             higher
             or
             lower
             ,
             from
             time
             to
             time
             ,
             as
             occasion
             did
             arise
             ;
             for
             although
             in
             the
             time
             of
             King
             
               Edw.
               1.
            
             the
             Customes
             payable
             for
             those
             Commodities
             were
             reduced
             to
             this
             certainty
             ,
             
               viz.
            
             to
             a
             demi
             mark
             for
             every
             Sack
             of
             Wooll
             ,
             
             a
             demi
             mark
             for
             every
             three
             hundred
             Wooll-fells
             ,
             and
             a
             mark
             for
             every
             last
             of
             Leather
             ,
             which
             we
             call
             now
             the
             great
             and
             ancient
             Custome
             ,
             
               ab
               initio
               non
               fuit
               sic
               ,
            
             these
             were
             not
             the
             rates
             from
             the
             beginning
             ,
             for
             not
             long
             before
             that
             time
             there
             was
             a
             greater
             and
             more
             ancient
             Custome
             paid
             for
             the
             exportation
             of
             those
             Commodities
             ,
             
               Britanni
            
             (
             saith
             Strabo
             )
             
             
               vectigalia
               tollebant
               gravia
               earum
               rerum
               quas
               brevi
               trajectu
               in
               Galliam
               importabant
               ;
            
             this
             was
             
               Magna
               Customa
            
             in
             the
             time
             of
             the
             
               Britans
               ;
            
             and
             though
             the
             certain
             rates
             thereof
             doth
             not
             appear
             ,
             yet
             because
             the
             same
             were
             
               gravia
               vectigalia
            
             in
             those
             dayes
             ,
             we
             may
             easily
             beleeve
             that
             Custome
             to
             have
             been
             greater
             than
             the
             demi
             mark
             for
             a
             Sack
             of
             Wooll
             .
          
           
             Again
             ,
             the
             Statute
             of
             
               Magna
               Charia
               ,
            
             which
             was
             as
             ancient
             as
             King
             
               Iohn
               ,
            
             speaketh
             of
             ancient
             Customs
             payable
             for
             Merchandizes
             ,
             and
             the
             Book
             of
             
               29
               Edw.
               3.
            
             maketh
             mention
             of
             ancient
             Customes
             granted
             to
             King
             
               Iohn
               ,
            
             in
             the
             Town
             of
             
               Southampton
               ,
            
             which
             doubtlesse
             were
             other
             Customes
             than
             that
             of
             the
             demi
             mark
             ,
             &c.
             for
             that
             in
             the
             Record
             of
             the
             Tower
             ,
             
               3
               Edw.
               1.
               Rot.
               sin
               .
               24.
               
               &
               Rot.
            
             Patent
             of
             the
             same
             year
             ,
             
               m.
               9.
            
             the
             demi
             mark
             
             which
             was
             first
             established
             by
             the
             Kings
             Letters
             Patents
             ,
             is
             called
             
               Nova
               Custuma
               ,
            
             and
             this
             was
             a
             diminution
             of
             the
             ancient
             Custome
             ,
             saith
             the
             Book
             of
             30.
             
               H.
               8.
               
               Dyer
               43.
               
            
             
          
           
             Again
             ,
             when
             the
             same
             King
             
               Edw.
               1.
            
             had
             by
             his
             Writ
             onely
             ,
             without
             Act
             of
             Parliament
             ,
             established
             the
             Custome
             of
             the
             demi
             mark
             ,
             &c.
             in
             
               Ireland
               ,
            
             in
             all
             the
             Customers
             Accounts
             ,
             which
             are
             found
             in
             the
             Pipe-Rolls
             ,
             in
             the
             time
             of
             
               Edw.
               1.
               
               Edw.
               2.
               
               Edw.
               3.
               
            
             
             in
             that
             Realm
             ,
             it
             is
             also
             called
             
               Nova
               Custuma
               ,
            
             which
             importeth
             as
             much
             as
             a
             new
             Imposition
             ,
             for
             Imposition
             is
             a
             new
             name
             ,
             and
             hath
             been
             of
             use
             but
             of
             late
             years
             ,
             whereas
             every
             new
             charge
             laid
             upon
             Merchandizes
             in
             ancient
             times
             ,
             was
             called
             
               Nova
               Custuma
               ,
            
             as
             the
             Lord
             chief
             Baron
             
               Fleming
            
             observed
             in
             his
             Argument
             in
             
               Bates
            
             Case
             of
             Currans
             ,
             
             in
             the
             Exchequor
             of
             
               England
               ;
            
             but
             because
             this
             Custome
             of
             a
             demi
             mark
             was
             a
             reducement
             made
             by
             King
             
               Edw.
               1.
            
             of
             the
             great
             and
             ancient
             Custome
             to
             that
             proportion
             which
             was
             then
             thought
             reasonable
             (
             as
             after
             upon
             sundry
             Petitions
             of
             the
             Commons
             ,
             was
             allowed
             by
             the
             succeeding
             Princes
             )
             it
             obtained
             in
             tract
             of
             time
             ,
             the
             name
             of
             the
             great
             and
             ancient
             
             Custome
             ;
             this
             Custome
             of
             demi
             mark
             was
             not
             granted
             to
             the
             King
             by
             Parliament
             ,
             but
             reduced
             to
             that
             rate
             by
             the
             King
             ,
             by
             the
             prayer
             of
             the
             Cōmons
             ,
             as
             is
             expressed
             in
             the
             Record
             of
             3.
             
               Edw.
               1.
            
             
             
               fin
               .
               memb.
               24.
            
             for
             albeit
             the
             Charter
             for
             confirmation
             of
             
               Magna
               Charta
               ,
            
             made
             in
             
               25
               Edw.
               1.
            
             doth
             recite
             ,
             That
             the
             demi
             mark
             was
             granted
             by
             the
             Cominaltie
             ,
             yet
             is
             there
             no
             Act
             of
             P.
             printed
             or
             recorded
             ,
             wherein
             that
             grant
             of
             the
             Cominaltie
             doth
             appear
             ,
             neither
             can
             it
             stand
             with
             the
             rule
             of
             reason
             that
             the
             demi
             mark
             being
             a
             diminution
             of
             the
             ancient
             Custome
             should
             proceed
             from
             the
             grant
             of
             the
             Cominalty
             to
             the
             King
             ,
             for
             the
             King
             would
             never
             have
             accepted
             of
             such
             a
             grant
             as
             did
             diminish
             his
             Revenue
             ,
             neither
             had
             it
             been
             thank-worthy
             or
             acceptable
             ,
             and
             therefore
             the
             King
             having
             a
             Negative
             voice
             ,
             would
             never
             have
             given
             his
             assent
             to
             such
             a
             grant
             in
             Parliament
             ;
             but
             it
             is
             to
             be
             presumed
             that
             this
             diminution
             of
             the
             ancient
             Custome
             was
             made
             in
             Parliament
             ,
             and
             not
             by
             Parliament
             ,
             and
             that
             by
             prayer
             of
             the
             Commons
             ,
             as
             the
             Record
             of
             
               3
               Edw.
               1.
               Rot.
               fin
               .
               memb.
               24.
            
             
             testifieth
             ,
             the
             King
             was
             then
             well
             pleased
             for
             that
             time
             to
             draw
             down
             
             the
             ancient
             Custome
             to
             that
             rate
             ,
             and
             the
             people
             did
             willingly
             yeeld
             and
             consent
             to
             the
             payment
             thereof
             ;
             and
             this
             I
             take
             to
             be
             the
             true
             interpretation
             of
             the
             Charter
             or
             Statute
             made
             in
             
               25
               Edw.
               1.
               
            
             
             And
             therefore
             because
             we
             find
             no
             Act
             of
             Parliament
             whereby
             the
             people
             did
             originally
             grant
             the
             great
             and
             ancient
             Customes
             to
             the
             King
             ,
             and
             because
             we
             find
             it
             was
             uncertain
             and
             subject
             to
             diminution
             and
             alteration
             ,
             we
             may
             conclude
             ,
             that
             it
             was
             but
             an
             imposition
             laid
             by
             the
             King
             from
             time
             to
             time
             by
             vertue
             of
             his
             Prerogative
             ,
             without
             any
             grant
             from
             the
             Cominalty
             of
             the
             Realm
             who
             can
             make
             no
             grant
             but
             by
             Act
             of
             Parliament
             ;
             &
             in
             truth
             it
             were
             absurd
             to
             affirme
             ,
             that
             the
             great
             and
             ancient
             Custome
             imposed
             upon
             Native
             commodities
             of
             the
             Kingdom
             was
             first
             granted
             by
             Act
             of
             Parliament
             ;
             since
             it
             cannot
             be
             imagined
             that
             ever
             those
             commodities
             did
             passe
             out
             of
             the
             Kingdom
             ,
             without
             Custome
             ,
             being
             equal
             in
             time
             with
             the
             first
             Scepter
             ;
             and
             since
             the
             Scepter
             was
             established
             many
             hundred
             years
             before
             the
             people
             were
             called
             to
             be
             in
             Parliament
             ;
             besides
             ,
             the
             very
             name
             of
             Custome
             doth
             note
             and
             argue
             that
             it
             began
             before
             any
             Act
             of
             Parliament
             
             was
             made
             ,
             for
             that
             it
             signifieth
             a
             duty
             payable
             or
             accustomable
             to
             be
             paid
             time
             out
             of
             mind
             ,
             which
             in
             presumption
             of
             Law
             ,
             is
             before
             any
             Record
             ;
             wherefore
             the
             rules
             in
             the
             Lord
             
               Dyers
            
             
             Book
             are
             good
             Law
             ,
             
               viz.
            
             The
             King
             hath
             an
             Estate
             of
             Inheritance
             in
             the
             Custome
             payable
             for
             Merchandizes
             ,
             as
             being
             a
             Prerogative
             annexed
             to
             his
             Crown
             .
             And
             again
             ,
             30
             
               Hen
               8.
               43.
               
            
             
             Custome
             is
             an
             Inheritance
             in
             the
             King
             by
             the
             Common
             Law
             ,
             and
             not
             given
             by
             any
             Statute
             .
          
        
         
           
             CHAP.
             XI
             .
          
           
             
               Of
               the
               ancient
               duties
               called
               Prizes
               ,
               taken
               out
               of
               Forreign
               goods
               imported
               ,
               except
               Wines
               ,
               and
               the
               petty-Customes
               of
               three
               pence
               of
               the
               pound
               were
               accepted
               by
               King
               
                 Edw.
                 1.
              
               in
               lieu
               of
               Prizes
               .
            
          
           
             FOr
             the
             Forreign
             commodities
             which
             are
             brought
             into
             
               England
               ,
            
             our
             Kings
             in
             ancient
             times
             did
             not
             take
             any
             Rates
             ,
             or
             Customes
             ,
             or
             Sums
             of
             Money
             ,
             but
             took
             such
             part
             of
             the
             severall
             commodities
             in
             specie
             ,
             as
             they
             thought
             fit
             for
             their
             proper
             
             use
             ,
             paying
             for
             that
             they
             took
             a
             price
             as
             themselves
             did
             likewise
             think
             fit
             and
             reasonable
             ,
             which
             was
             called
             the
             Kings
             price
             ;
             this
             Prerogative
             is
             proved
             by
             the
             rule
             of
             the
             Imperiall
             Law
             ,
             
               Rex
               non
               recognoscens
               superiorem
               potest
               è
               India
               in
               propria
               causa
               ,
            
             and
             also
             by
             the
             rule
             which
             is
             given
             
               31
               Edw.
               3.
               60.
            
             
             where
             the
             Bishop
             of
             
               Norwich
            
             having
             forfeited
             to
             the
             King
             thirty
             Talents
             of
             Beasants
             of
             Gold
             ,
             because
             the
             quantity
             and
             value
             thereof
             was
             uncertain
             ,
             it
             was
             adjudged
             that
             the
             Kings
             House
             should
             set
             down
             of
             what
             quantity
             and
             value
             every
             Talent
             should
             be
             ,
             and
             that
             the
             same
             should
             be
             paid
             accordingly
             ;
             and
             by
             the
             same
             Prerogative
             ,
             whensoever
             any
             Subject
             is
             to
             pay
             a
             Fine
             or
             Ransome
             unto
             the
             King
             for
             a
             contempt
             ,
             The
             King
             himfelf
             doth
             limit
             and
             set
             the
             Fine
             or
             Ransome
             at
             his
             own
             will
             or
             pleasure
             .
          
           
             The
             Forreign
             commodities
             thus
             taken
             by
             the
             King
             in
             
               Spain
               ,
            
             at
             his
             own
             price
             ,
             were
             called
             Prizes
             ,
             but
             because
             these
             prizes
             were
             many
             times
             grievances
             to
             the
             Merchants
             ,
             and
             brought
             little
             or
             nothing
             to
             the
             Kings
             Coffers
             ,
             That
             prudent
             Prince
             
               Edw.
               1.
            
             by
             that
             famous
             Charter
             called
             
               Charta
               Mercatoria
               ,
            
             made
             in
             the
             
             31
             year
             of
             his
             reign
             ,
             did
             remit
             unto
             all
             Merchant
             Strangers
             their
             prizes
             ,
             and
             did
             grant
             
               quod
               de
               caetero
               super
               mercimonia
               Merchandizas
               vel
               bona
               ipsorum
               per
               ipsum
               Regem
               vel
               Ministros
               suos
               nullos
               nulla
               appretiatio
               vel
               estimatio
               apponeretur
               ,
               &
               quod
               nulla
               prisa
               vel
               arrestatio
               ratione
               prisae
               inde
               fieret
               ,
               &c.
            
             and
             the
             Charter
             doth
             further
             recite
             ,
             That
             for
             the
             remission
             of
             these
             prizes
             the
             Merchants
             Strangers
             did
             grant
             unto
             the
             King
             three
             pence
             upon
             the
             pound
             ,
             now
             called
             the
             petty-custome
             ,
             out
             of
             all
             Forreign
             Merchandizes
             imported
             ,
             except
             Wines
             ;
             and
             for
             our
             Native
             commodities
             exported
             ,
             they
             would
             pay
             for
             every
             Sack
             of
             Wooll
             four
             pence
             ,
             and
             for
             every
             three
             hundred
             Wooll-fells
             six
             shillings
             and
             four
             pence
             ,
             and
             for
             every
             last
             of
             Leather
             a
             demi
             mark
             ,
             over
             and
             above
             the
             duties
             payable
             by
             Denizens
             for
             the
             same
             commodities
             ;
             which
             grant
             being
             made
             by
             the
             Merchants
             of
             every
             Nation
             ,
             not
             being
             incorporated
             and
             made
             a
             body
             politick
             ,
             is
             in
             respect
             of
             them
             of
             no
             force
             of
             the
             rule
             of
             the
             common
             Law
             ,
             until
             the
             Kings
             charter
             made
             it
             good
             and
             maintained
             it
             ,
             untill
             it
             was
             confirmed
             by
             Parliament
             
               27
               Edw.
               3.
            
             
             which
             was
             fifty
             years
             after
             the
             date
             of
             the
             Charter
             ,
             upon
             the
             
             matter
             these
             duties
             payable
             by
             Merchant
             Strangers
             ,
             were
             onely
             Impositions
             raised
             and
             established
             by
             the
             Kings
             charter
             ,
             which
             Charter
             being
             made
             in
             
               England
               ,
            
             was
             afterwards
             established
             ,
             exemplified
             under
             the
             Great
             Seal
             of
             
               England
               ,
            
             and
             transmitted
             into
             
               Ireland
               ,
            
             with
             a
             special
             Writ
             directed
             to
             the
             Officers
             of
             the
             Customes
             there
             ,
             to
             levy
             three
             pence
             of
             the
             pound
             ,
             and
             other
             duties
             mentioned
             in
             that
             Charter
             ,
             as
             appeareth
             in
             the
             Red
             Book
             of
             the
             Exchequer
             there
             ;
             by
             vertue
             of
             which
             Writ
             onely
             ,
             without
             Act
             of
             parliament
             ,
             the
             three
             pence
             of
             the
             pound
             and
             other
             duties
             were
             levied
             and
             paid
             to
             the
             Crown
             in
             
               Ireland
               .
            
          
        
         
         
           
             CHAP.
             XII
             .
          
           
             
               Of
               the
               ancient
               Customes
               payable
               for
               Wines
               ,
               called
               
                 Prizage
              
               and
               
                 Butlerage
                 .
              
            
          
           
             THe
             most
             ancient
             Custome
             payable
             for
             Wines
             is
             Prizage
             ,
             
             which
             is
             not
             any
             sum
             of
             Money
             ,
             but
             two
             Tunns
             of
             Wine
             in
             specie
             ,
             out
             of
             every
             Ship
             freighted
             with
             twenty
             Tun
             ,
             the
             one
             to
             be
             taken
             before
             the
             Mast
             ,
             and
             the
             other
             behind
             the
             Mast
             of
             the
             Ship
             ;
             and
             the
             price
             which
             the
             King
             himself
             did
             limit
             to
             pay
             ,
             was
             twenty
             shillings
             onely
             ,
             for
             every
             Tun
             ,
             as
             appeareth
             by
             an
             ancient
             Record
             of
             
               52
               Hen.
               3.
            
             
             whereby
             we
             may
             conjecture
             ,
             what
             easie
             rates
             the
             King
             gave
             for
             the
             prizes
             of
             other
             Merchandizes
             .
             This
             Custome
             of
             Prizage
             was
             meerly
             an
             Imposition
             ,
             for
             it
             could
             not
             be
             granted
             by
             the
             Merchants
             of
             Forreign
             Nations
             ,
             being
             no body
             politique
             ,
             as
             is
             before
             declared
             ;
             neither
             is
             there
             any
             Act
             of
             Parliament
             wherby
             our
             own
             Merchants
             did
             ever
             grant
             it
             unto
             the
             Crown
             .
          
           
             This
             duty
             of
             Prizage
             was
             remitted
             
             unto
             the
             Stranger
             ,
             by
             the
             Charter
             of
             31
             
               Edw.
               1.
            
             
             before
             mentioned
             ,
             and
             in
             lieu
             thereof
             ,
             by
             vertue
             of
             the
             same
             Charter
             ,
             the
             King
             before
             mentioned
             receiveth
             two
             shillings
             for
             every
             Tun
             of
             Wine
             brought
             in
             by
             Strangers
             ,
             which
             we
             now
             call
             
               Butlerage
               ;
            
             but
             
               Prizage
            
             is
             paid
             in
             Specie
             by
             all
             our
             own
             Merchants
             at
             this
             day
             ,
             the
             Citizens
             of
             
               London
            
             onely
             excepted
             ,
             who
             having
             remissiō
             of
             Prizage
             by
             a
             special
             charge
             ,
             were
             charged
             with
             a
             new
             Imposition
             called
             
               Gauge
               ,
               viz.
               de
               quolibet
               dolio
               1
            
             d.
             
               de
               vinis
               venientibus
               London
               ,
            
             which
             was
             accounted
             Forreign
             ,
             
               Magno
               Rot.
               
               An.
               1
               Edw.
               1.
            
             in
             the
             Office
             of
             the
             Pipe
             at
             
               Westminster
               ;
            
             the
             last
             of
             these
             Impositions
             ,
             which
             by
             the
             continuance
             have
             gotten
             the
             name
             of
             Custome
             ,
             was
             laid
             and
             imposed
             three
             hundred
             years
             since
             ,
             and
             have
             ever
             since
             been
             approved
             ,
             and
             are
             now
             maintained
             by
             the
             Common
             Law
             of
             
               England
               ,
            
             as
             the
             lawfull
             and
             ancient
             Inheritance
             of
             the
             Crown
             .
          
        
         
         
           
             CHAP.
             XIII
             .
          
           
             
               Of
               the
               ancient
               Officers
               which
               our
               Kings
               have
               created
               by
               vertue
               of
               their
               Prerogatives
               ,
               to
               search
               and
               over-see
               all
               sorts
               of
               Merchandizes
               ,
               and
               to
               collect
               the
               duties
               payable
               for
               the
               same
               .
            
          
           
             AS
             our
             ancient
             Kings
             by
             vertue
             of
             their
             Prerogative
             without
             Parliament
             ,
             have
             laid
             the
             Customes
             or
             Impositions
             before
             expressed
             ,
             upon
             all
             sorts
             of
             Merchandizes
             exported
             and
             imported
             ;
             so
             by
             the
             same
             Prerogative
             have
             they
             ordained
             severall
             sorts
             of
             Officers
             to
             search
             and
             over-see
             those
             Merchandizes
             on
             which
             they
             had
             laid
             those
             Impositions
             ,
             namely
             the
             
               Gauger
            
             
             of
             Wines
             ,
             a
             high
             Officer
             ,
             is
             as
             ancient
             as
             the
             Imposition
             of
             the
             
               Gauge
            
             it self
             before
             mentioned
             ;
             the
             
               Alneger
            
             
             of
             the
             cloths
             which
             is
             more
             ancient
             than
             any
             Act
             of
             Parliament
             that
             makes
             mention
             of
             the
             cloths
             ,
             for
             there
             is
             a
             Record
             of
             
               14
               Edw.
               2.
            
             
             
               in
               Archivis
               turris
            
             which
             speaketh
             of
             the
             Alneger
             ,
             the
             Packer
             of
             Woolls
             ,
             the
             Garbellor
             
             of
             spices
             ;
             besides
             ,
             the
             Officer
             of
             the
             Customes
             ,
             
               viz.
            
             the
             Customer
             Comtroller
             and
             Searcher
             ;
             
             all
             which
             Officers
             have
             ever
             taken
             Fees
             of
             Merthants
             ,
             both
             Denizens
             and
             Aliens
             ,
             not
             by
             grant
             of
             the
             Merchants
             or
             Act
             of
             Parliament
             ,
             but
             by
             vertue
             of
             their
             severall
             Patents
             granted
             from
             the
             King
             .
          
        
         
           
             CHAP.
             XIV
             .
          
           
             
               Of
               other
               Impositions
               ,
               besides
               the
               ancient
               Customes
               before
               mentioned
               ,
               laid
               upon
               Merchandizes
               ,
               by
               severall
               Kings
               and
               Queens
               since
               the
               Conquest
               ;
               some
               of
               which
               Impositions
               have
               been
               discontinued
               or
               remitted
               ,
               and
               some
               of
               them
               are
               continued
               and
               paid
               at
               this
               day
               ;
               and
               first
               of
               the
               Imposition
               set
               by
               King
               
                 Edw.
                 1.
              
               over
               and
               besides
               the
               Customes
               spoken
               of
               before
               .
            
          
           
             IT
             appeareth
             in
             the
             Record
             of
             the
             Exchequer
             of
             
               England
               ,
            
             That
             in
             
               16
               Edw.
               1.
            
             an
             Imposition
             of
             four
             shillings
             was
             laid
             upon
             every
             Tun
             of
             Wine
             brought
             into
             
               England
               ,
            
             from
             certain
             Towns
             in
             
               Gascogine
            
             and
             
               Spain
               ,
            
             and
             at
             this
             day
             answered
             and
             
             compted
             for
             duty
             ,
             for
             the
             space
             of
             ten
             years
             ,
             untill
             the
             
               26
               Edw.
               1.
            
             when
             it
             was
             remitted
             but
             during
             the
             Kings
             pleasure
             only
             ;
             it
             appeareth
             likewise
             
               25
               Edw.
               1.
            
             
             by
             the
             Charter
             of
             the
             confirmation
             then
             made
             of
             the
             Great
             Charter
             ,
             that
             King
             
               Edw.
               1.
            
             had
             for
             divers
             years
             before
             ,
             set
             and
             laid
             an
             Imposition
             of
             fourty
             shillings
             upon
             every
             Sack
             of
             Wooll
             exported
             ,
             which
             
               ad
               instantiam
               Communitatis
            
             he
             was
             pleased
             to
             remit
             ;
             which
             remittall
             was
             of
             meer
             Grace
             ,
             upon
             the
             Petition
             of
             the
             Commons
             ,
             after
             that
             Imposition
             had
             been
             laid
             many
             years
             before
             ;
             and
             it
             is
             to
             be
             noted
             ,
             that
             this
             Imposition
             of
             fourty
             shillings
             upon
             a
             Sack
             of
             Wooll
             ,
             was
             taken
             and
             levied
             above
             twenty
             years
             together
             ,
             after
             the
             new
             Imposition
             of
             the
             demi
             mark
             upon
             a
             Sack
             of
             Wooll
             ,
             which
             was
             set
             and
             established
             ;
             for
             that
             begun
             in
             
               3
               Edw.
               1.
            
             and
             this
             Imposition
             of
             fourty
             shillings
             continued
             till
             
               25
               Edw.
               1.
            
             which
             is
             a
             strong
             argument
             that
             the
             first
             establishment
             of
             the
             demi
             mark
             ,
             was
             not
             by
             a
             binding
             Act
             of
             Parliament
             ,
             with
             a
             Negative
             voice
             ,
             that
             no
             other
             duties
             should
             be
             taken
             for
             those
             Merchandizes
             ,
             as
             was
             surmized
             ,
             but
             was
             only
             a
             mitigation
             or
             reducement
             of
             a
             greater
             Custome
             
             paid
             before
             ,
             which
             was
             done
             of
             meer
             Grace
             ,
             upon
             some
             reason
             of
             State
             at
             that
             time
             .
          
        
         
           
             CHAP.
             XV
             .
          
           
             
               Of
               the
               Imposition
               set
               and
               taken
               by
               King
               
                 Edward
              
               the
               second
               .
            
          
           
             KIng
             
               Edward
            
             the
             second
             ,
             in
             the
             beginning
             of
             his
             Reign
             ,
             did
             as
             well
             take
             the
             ancient
             as
             the
             new
             Custome
             upon
             Wooll
             ,
             Wooll-sells
             ,
             and
             Leather
             ,
             which
             ancient
             Custom
             must
             needs
             be
             intended
             an
             ancient
             Imposition
             over
             and
             besides
             the
             demi
             mark
             ,
             which
             was
             then
             called
             the
             new
             Custome
             ,
             and
             this
             appeareth
             by
             a
             Record
             in
             the
             Tower
             ,
             
               3
               Ed.
               2.
            
             
             
               Claus.
               memb.
               16.
            
             where
             the
             King
             directeth
             his
             Writ
             ,
             
               collectoribus
               suis
               tam
               antiquae
               quam
               novae
               customae
               lanarum
               pellium
               &
               corriorum
               ,
            
             and
             requireth
             them
             to
             pay
             certain
             Debts
             of
             his
             Fathers
             ,
             King
             
               Edward
               1.
            
             out
             of
             their
             old
             and
             new
             Customes
             ,
             and
             a
             hundred
             thousand
             pound
             
               pro
               damnis
               occasione
               retardationis
               solutionis
               debitis
               ,
               &c.
            
             and
             howbeit
             afterwards
             ,
             he
             being
             a
             weak
             
             Prince
             and
             misguided
             by
             ill
             Counsell
             ,
             and
             over-ruled
             by
             his
             unruly
             Barons
             ,
             was
             driven
             first
             to
             suspend
             the
             payments
             of
             his
             Customes
             of
             three
             pence
             the
             pound
             ,
             and
             other
             duties
             contained
             in
             
               Charta
               Mercatoria
               ,
            
             during
             pleasure
             only
             ,
             as
             appeareth
             by
             his
             Writs
             of
             
               Supersedeas
               ,
            
             directed
             to
             the
             Collectors
             of
             his
             Customes
             ,
             
               3
               E.
               2.
               Claus.
               memb.
               16.
            
             and
             after
             that
             by
             an
             Ordinance
             made
             
               5
               Edw.
               2.
            
             utterly
             to
             repeal
             that
             Charter
             ,
             and
             to
             abloish
             all
             other
             Impositions
             raised
             or
             levied
             since
             the
             coronation
             of
             his
             Father
             ,
             
               Ed.
               1.
            
             except
             the
             customes
             of
             the
             demi
             mark
             ;
             notwithstanding
             after
             that
             ,
             again
             
               Anno
               11.
            
             of
             his
             Reign
             ,
             when
             he
             wanted
             Money
             for
             his
             Expedition
             into
             
               Scotland
               ,
            
             
             
               exquirentes
               vias
            
             saith
             he
             in
             his
             Writ
             to
             the
             collectors
             of
             his
             customes
             at
             
               London
               ,
            
             
             
               Rot.
               fin
               .
               memb.
               12.
               in
               Archivis
               turris
               ,
               quibus
               possemus
               pecuniam
               habere
               commodius
               &
               decentius
               ,
               tandem
               de
               consilio
               &
               advisamento
               quorundam
               mercatorum
               inveniemus
               subscriptum
               ,
            
             which
             was
             ,
             that
             he
             should
             receive
             by
             way
             of
             loan
             forsooth
             (
             which
             never
             was
             repaid
             )
             a
             greater
             increase
             of
             custom
             upon
             all
             merchandizes
             imported
             and
             exported
             ,
             for
             it
             is
             expressed
             in
             the
             VVrit
             ,
             that
             
               praeter
               incrementum
               de
               lanis
               coriis
               &
               pellibus
               lanutis
               ,
            
             
             which
             was
             a
             third
             part
             more
             than
             the
             demi
             mark
             ,
             
               viz.
            
             twenty
             shillings
             for
             every
             Noble
             ;
             the
             King
             was
             to
             receive
             for
             every
             coloured
             cloth
             worth
             three
             pound
             
               sterling
               ,
            
             a
             Noble
             ;
             for
             every
             other
             cloath
             worth
             fourty
             shillings
             ,
             four
             shillings
             ;
             for
             every
             peece
             of
             Scarlet
             ,
             a
             Mark
             ;
             for
             every
             Tun
             of
             VVine
             ,
             five
             shillings
             ;
             for
             all
             Forreign
             commodities
             called
             
               Averdepois
               ,
            
             two
             shillings
             the
             pound
             ;
             
             all
             which
             sums
             of
             Mony
             he
             commandeth
             the
             Collectors
             of
             his
             customes
             to
             collect
             to
             his
             use
             upon
             their
             Merchandizes
             ;
             which
             levy
             or
             collection
             ,
             though
             it
             bear
             the
             name
             of
             a
             loan
             ,
             being
             not
             made
             by
             authority
             of
             Parliament
             ,
             nor
             with
             the
             consent
             of
             the
             whole
             cominalty
             ,
             but
             taken
             up
             by
             the
             Kings
             VVrit
             onely
             ,
             was
             nothing
             else
             but
             an
             Imposition
             laid
             upon
             Merchandizes
             by
             the
             Kings
             Prerogative
             .
          
        
         
           
             CHAP.
             XVI
             .
          
           
             
               Of
               the
               Impositions
               laid
               and
               levied
               upon
               Merchandizes
               ,
               by
               King
               
                 Edward
                 3.
                 
              
            
          
           
             KIng
             
               Edward
            
             the
             third
             reigned
             a
             full
             Jubilee
             of
             years
             ,
             for
             he
             dyed
             in
             the
             
             fiftieth
             year
             of
             his
             reign
             ;
             and
             during
             all
             this
             time
             ,
             as
             there
             lay
             upon
             him
             a
             continuall
             charge
             for
             the
             continuance
             of
             his
             VVars
             ,
             so
             was
             he
             continually
             supplied
             with
             his
             customs
             and
             Impositions
             which
             he
             had
             laid
             upon
             Merchandizes
             ,
             whereof
             he
             was
             so
             great
             a
             husband
             ,
             &
             by
             reason
             of
             his
             good
             husbandry
             spent
             such
             huge
             sums
             of
             Money
             ,
             as
             there
             went
             a
             report
             in
             those
             dayes
             ,
             that
             
               Raimundus
               Lullius
            
             
             the
             famous
             Alchimist
             ,
             did
             make
             that
             
               Elixer
            
             for
             him
             ,
             whereas
             his
             improving
             of
             those
             duties
             which
             were
             paid
             for
             Merchandizes
             ,
             was
             the
             true
             Philosophers
             Stone
             ,
             which
             did
             enrich
             him
             ,
             and
             enable
             him
             to
             spend
             so
             many
             Millions
             in
             his
             VVars
             in
             
               France
               .
            
          
           
             In
             the
             first
             year
             of
             his
             reign
             ,
             by
             his
             wit
             only
             ,
             without
             Act
             of
             Parliament
             ,
             he
             gave
             new
             life
             to
             
               Charta
               Mercatoria
               ,
            
             made
             by
             
               Edw.
               1.
            
             and
             repealed
             by
             
               Edw.
               2.
            
             or
             rather
             by
             unruly
             Barons
             ,
             for
             the
             words
             of
             the
             Writ
             are
             ,
             That
             the
             customes
             and
             duties
             payable
             by
             the
             Charter
             ,
             
               praetextu
               ordinationum
               per
               quosdam
               magnates
               in
               regno
               nostro
               factos
               ,
               ad
               tempus
               aliquod
               cessarunt
               ,
               &
               jam
               adnullatis
               dictis
               ordinationibus
               colligi
               debent
               &
               levari
               ,
               sicut
               tempore
               dicti
               Avi
               nostri
               ,
               &c.
               
            
             1
             Edw.
             1.
             
             
               Rot.
               fin
               .
               memb.
               39.
               in
               Archivis
               turris
               .
            
             
          
           
           
             Afterwards
             the
             Records
             of
             this
             Kings
             time
             do
             plentifully
             declare
             ,
             That
             he
             by
             vertue
             of
             his
             Prerogative
             ,
             without
             Act
             of
             Parliament
             ,
             laid
             many
             great
             Impositions
             ,
             and
             raised
             extraordinary
             profit
             upon
             Merchandizes
             ,
             though
             not
             alwayes
             after
             one
             manner
             ,
             yet
             all
             the
             means
             he
             used
             may
             be
             reduced
             unto
             three
             kinds
             .
          
           
             Sometimes
             he
             did
             impose
             certain
             rates
             or
             sums
             of
             Money
             upon
             Merchandizes
             ,
             as
             fourty
             shillings
             upon
             a
             Sack
             of
             Wooll
             ,
             with
             a
             ratable
             proportion
             upon
             other
             commodities
             ,
             for
             levying
             whereof
             hee
             only
             sent
             out
             his
             Writs
             to
             the
             Collectors
             of
             his
             Customes
             in
             every
             Port
             ;
             and
             this
             kind
             of
             Imposition
             being
             of
             the
             nature
             of
             the
             Impositions
             now
             in
             question
             ,
             was
             more
             usuall
             and
             frequent
             than
             any
             other
             in
             this
             Kings
             reign
             ,
             as
             appeareth
             by
             sundry
             Records
             in
             the
             Exchequer
             ,
             and
             in
             the
             Tower
             of
             
               London
               ,
               17
               E.
               3.
               Rot.
               308.
               in
               Sccio
               Angliae
               .
            
             
             
               21
               E.
               3.
               Rot.
               Parliament
               .
               numb.
               11.
               in
               Arch.
               turris
               ,
               24
               E.
               3.
               Rot.
               12.
               
               Sccio
               Angliae
               .
               25
               E.
               3.
               Rot.
               Parliament
               .
               11
               ,
               22.
               in
               Arch.
               turris
               .
               27
               E.
               3
               Rot.
               7.
               in
               Sccio
               Angliae
               .
               30
               E.
               3.
               Rot.
               10.
               
               Sccio
               Angliae
               .
               38
            
             E.
             
               3.
               Rot.
               Parliament
               .
               numb.
               26.
               in
               Arch.
               turris
               .
               40
            
             E.
             
               3.
               Rot.
               7.
               
               Sccio
               Angliae
               .
               50
            
             E.
             
               3.
               Rot.
               Parliament
               .
               numb.
               163.
               in
               Arch.
               turris
               .
            
          
           
           
             At
             other
             times
             he
             sent
             out
             Commissions
             to
             take
             up
             great
             quantities
             of
             Wooll
             and
             other
             commodities
             ,
             at
             a
             low
             price
             ,
             set
             by
             himself
             ,
             and
             transported
             the
             same
             beyond
             the
             Seas
             ,
             where
             he
             made
             the
             best
             profit
             thereof
             ,
             for
             payment
             of
             the
             wages
             of
             his
             Army
             there
             ,
             as
             appeareth
             by
             a
             speciall
             Record
             in
             the
             Tower
             ,
             12
             E.
             3.
             
               Rot.
               Almaniae
               pars
               1.
               numb.
               3.
               in
               dorso
               .
            
             
             These
             taking
             prizes
             of
             English
             Merchandizes
             ,
             are
             the
             first
             I
             find
             in
             any
             Record
             (
             for
             the
             Kings
             provision
             of
             Houshold
             ,
             is
             of
             another
             nature
             )
             But
             the
             King
             took
             these
             Woolls
             in
             point
             of
             Prerogative
             ,
             as
             his
             Predecessors
             were
             wont
             to
             take
             prizes
             of
             all
             Forein
             commodities
             ,
             untill
             King
             E.
             1.
             did
             remit
             all
             prizes
             to
             Merchant
             Strangers
             ,
             by
             
               Charta
               Mercatoria
               ,
            
             as
             is
             before
             expressed
             ;
             and
             also
             such
             of
             English
             Merchants
             as
             would
             pay
             the
             customes
             restrained
             by
             that
             Charter
             ,
             were
             offered
             the
             like
             immunition
             from
             prizes
             ,
             
               31
               Ed.
               3.
               Rot.
               Parliament
               ,
               numb.
               24.
               
            
             
             But
             our
             English
             Merchants
             refused
             the
             benefit
             of
             that
             Charter
             ,
             and
             therefore
             the
             King
             it
             seemeth
             was
             at
             liberty
             to
             take
             prizes
             of
             them
             as
             well
             as
             Strangers
             .
          
           
             The
             King
             did
             many
             times
             shut
             up
             all
             the
             Ports
             ,
             and
             stop
             all
             Trade
             ,
             and
             then
             
             granted
             licences
             to
             all
             particular
             persons
             to
             transport
             Wool
             and
             other
             commodities
             ,
             for
             which
             licences
             he
             took
             fourty
             shillings
             ,
             sometimes
             fifty
             shillings
             for
             a
             Sack
             of
             Wool
             ,
             and
             the
             like
             rate
             for
             other
             Merchandizes
             ,
             and
             this
             is
             manifest
             by
             these
             Records
             ,
             
               13
               Ed.
               3.
               
               Rot.
               2.
               in
               Sccio
               Angliae
               ,
               14
               Edw.
               3.
               
               Rot.
               Parliament
               .
               in
               Arch.
               Turris
               .
            
          
           
             Thus
             did
             this
             warlike
             and
             politique
             Prince
             ,
             King
             
               Edw.
               3.
            
             by
             his
             Prerogative
             ,
             without
             Act
             of
             Parliament
             ,
             lay
             sundry
             Impositions
             and
             charges
             upon
             all
             sorts
             of
             Merchandizes
             ;
             and
             although
             upon
             Petition
             of
             his
             Subjects
             in
             Parliament
             ,
             when
             they
             granted
             him
             other
             Aids
             and
             Subsidies
             of
             greater
             value
             than
             these
             his
             Impositions
             ,
             he
             did
             many
             times
             remit
             and
             release
             those
             Impositions
             ,
             yet
             did
             he
             oftentimes
             renew
             the
             same
             ,
             or
             impose
             the
             like
             again
             ,
             when
             the
             Aide
             or
             Subsidy
             granted
             in
             recompence
             was
             spent
             ,
             as
             shall
             be
             shew'd
             more
             particularly
             when
             I
             com
             to
             answer
             the
             Objections
             which
             have
             been
             against
             His
             Majesties
             rightfull
             prerogative
             ,
             in
             laying
             Impositions
             upon
             Merchandizes
             .
          
        
         
         
           
             CHAP.
             XVII
             .
          
           
             
               Of
               the
               Profits
               raised
               unto
               the
               Crown
               out
               of
               Merchandizes
               during
               the
               reigns
               of
               several
               Kings
               who
               succeeded
               K.
               
                 Edw.
                 3.
              
               untill
               the
               reign
               of
               Queen
               
                 Mary
                 .
              
            
          
           
             TRue
             it
             is
             ,
             that
             during
             the
             reign
             of
             these
             Princes
             ,
             we
             finde
             no
             Impositions
             directly
             set
             upon
             Merchandizes
             by
             their
             absolute
             power
             or
             prerogative
             ;
             but
             they
             did
             not
             forbear
             to
             lay
             Impositions
             directly
             ,
             for
             that
             they
             wanted
             right
             so
             to
             doe
             ,
             or
             because
             they
             doubted
             of
             their
             right
             in
             that
             behalf
             ;
             for
             they
             well
             knew
             they
             had
             the
             same
             right
             ,
             the
             same
             prerogative
             ,
             and
             absolute
             power
             that
             their
             Predecessors
             had
             ;
             but
             because
             they
             found
             other
             means
             to
             make
             other
             profit
             upon
             transporting
             of
             Merchandizés
             ,
             and
             that
             in
             another
             manner
             ,
             and
             in
             so
             high
             measure
             ,
             as
             the
             trade
             of
             Merchandizes
             in
             those
             daies
             could
             hardly
             bear
             any
             greater
             charge
             ,
             without
             danger
             of
             overthrowing
             all
             Trade
             and
             Comerce
             :
             And
             therefore
             those
             Princes
             
             did
             in
             their
             wisdomes
             forbear
             to
             lay
             any
             further
             Impositions
             by
             their
             Prerogatives
             :
             For
             these
             Kings
             who
             reigned
             after
             King
             
               Edw.
               3.
            
             who
             conquered
             
               Callis
            
             in
             
               France
               ,
            
             and
             before
             Queen
             
               Mary
            
             lost
             
               Callis
               ,
            
             had
             two
             principal
             waies
             and
             meanes
             to
             raise
             extraordinary
             profits
             upon
             Merchandizes
             ,
             but
             proceeding
             from
             one
             cause
             ,
             namely
             ,
             from
             establishing
             the
             Staple
             at
             
               Callis
               ;
            
             for
             King
             
               Edw.
               3.
            
             some
             few
             yeares
             before
             his
             death
             ,
             did
             by
             his
             Prerogative
             in
             point
             of
             Government
             ,
             without
             Act
             of
             Parliament
             ,
             erect
             a
             Staple
             at
             his
             Town
             of
             
               Callis
               ,
            
             and
             did
             ordain
             ,
             and
             command
             ,
             
             that
             all
             the
             Merchandizes
             exported
             out
             of
             
               England
               ,
               Wales
               ,
            
             and
             
               Ireland
               ,
            
             by
             any
             Merchant
             Denison
             ,
             or
             Alien
             ,
             should
             presently
             be
             carried
             to
             the
             Staple
             at
             
               Callis
               ,
            
             and
             to
             no
             other
             place
             beyond
             the
             Seas
             .
             This
             Staple
             at
             
               Callis
            
             was
             first
             setled
             and
             fixed
             there
             by
             an
             Ordinance
             which
             the
             King
             made
             by
             virtue
             of
             his
             Prerogative
             and
             absolute
             power
             in
             the
             government
             of
             Trade
             and
             Comerce
             ,
             without
             Act
             of
             Parliament
             :
             And
             if
             this
             Ordinance
             so
             made
             had
             been
             thought
             unlawful
             ,
             and
             against
             the
             liberty
             of
             the
             Subject
             ,
             it
             would
             never
             have
             been
             approved
             and
             
             confirmed
             by
             the
             Judgements
             of
             so
             many
             Parliaments
             in
             the
             times
             of
             
               Rich.
               2.
               Hen.
               4.
               Hen.
               5.
            
             and
             
               Edw.
               4.
               
            
             Neither
             could
             there
             have
             been
             such
             heavy
             penalties
             layd
             by
             those
             Parliaments
             upon
             the
             transgressors
             of
             those
             Ordinances
             :
             Insomuch
             as
             in
             the
             time
             of
             King
             
               Henry
            
             the
             sixth
             ,
             it
             was
             made
             Felony
             to
             Transport
             any
             Merchandizes
             to
             any
             part
             beyond
             the
             Seas
             but
             to
             
               Callis
            
             onely
             .
             Now
             the
             Staple
             of
             
               Callis
            
             being
             thus
             established
             ,
             there
             did
             arise
             a
             double
             profit
             to
             the
             Crown
             for
             transportieg
             of
             Merchandizes
             over
             and
             above
             the
             ancient
             Customes
             and
             other
             Subsidies
             granted
             by
             Parliament
             .
          
           
             First
             it
             came
             to
             pass
             ,
             that
             the
             Customs
             and
             Subsidies
             for
             Merchandizes
             transported
             out
             of
             
               England
               ,
               Wales
               ,
            
             and
             
               Ireland
               ,
            
             which
             before
             was
             single
             ,
             and
             payd
             but
             once
             ,
             that
             is
             ,
             upon
             the
             outgate
             ;
             after
             the
             establishing
             of
             the
             Staple
             at
             
               Callis
               ,
            
             the
             duties
             for
             the
             same
             Merchandizes
             became
             double
             at
             the
             least
             ,
             and
             for
             the
             most
             part
             treble
             ,
             and
             were
             ever
             payd
             twice
             ,
             and
             for
             the
             most
             part
             thrice
             ;
             namely
             ,
             once
             upon
             the
             outgate
             in
             the
             Ports
             of
             
               England
               ,
               Wales
               ,
            
             and
             
               Ireland
               ;
            
             secondly
             ,
             upon
             the
             ingate
             at
             
               Callis
               ;
            
             and
             
             because
             all
             the
             commodities
             brought
             into
             
               Callis
            
             could
             not
             be
             vented
             into
             the
             main
             Land
             there
             ,
             but
             the
             greatest
             part
             was
             to
             be
             exported
             again
             by
             Sea
             into
             higher
             or
             lower
             
               Germany
               ,
            
             and
             other
             the
             North-East
             Countries
             ,
             and
             some
             into
             
               Spain
               ,
            
             and
             
               Italy
               ,
            
             and
             the
             Hands
             of
             the
             
               Levant
               ,
            
             there
             did
             arise
             a
             third
             payment
             of
             Customes
             and
             Subsidies
             for
             so
             much
             of
             their
             commodities
             as
             were
             exported
             again
             cut
             of
             
               Callis
               ,
            
             by
             meanes
             whereof
             the
             Customes
             and
             Subsidies
             did
             amount
             to
             threescore
             thousand
             ,
             or
             threescore
             and
             ten
             thousand
             pounds
             sterling
             ,
             
               per
               annum
               ,
            
             in
             the
             latter
             times
             of
             King
             
               Edw.
            
             3.
             
             and
             during
             the
             reign
             of
             
               Rich.
               2.
               Hen.
               4.
               
               Hen.
               5.
               
            
             
             and
             the
             beginning
             of
             the
             reign
             of
             
               Hen.
               6.
            
             as
             appears
             by
             the
             Records
             of
             the
             Exchequer
             of
             
               England
               ,
            
             which
             according
             to
             the
             valuation
             of
             Moneys
             at
             this
             day
             ,
             the
             ounce
             of
             Silver
             being
             now
             raised
             from
             two
             shillings
             to
             five
             shillings
             ,
             do
             make
             two
             hundred
             thousand
             pound
             sterling
             ,
             
               per
               annum
               ,
            
             which
             doth
             equal
             ,
             or
             surmount
             all
             the
             Customes
             ,
             Subsidies
             ,
             and
             Impositions
             received
             at
             this
             day
             ,
             though
             that
             plenty
             of
             money
             ,
             and
             price
             of
             all
             things
             ,
             and
             consequently
             the
             expences
             of
             the
             Crown
             be
             exceedingly
             
             increased
             in
             these
             times
             .
          
           
             And
             albeit
             the
             breach
             of
             Amity
             between
             the
             Crown
             of
             
               England
            
             and
             the
             Duke
             of
             
               Burgundy
               ,
            
             who
             was
             the
             Lord
             of
             the
             Lower
             
               Germany
               ,
            
             in
             the
             weak
             and
             unfortunate
             time
             of
             King
             
               Hen.
               6.
            
             did
             cause
             a
             stop
             of
             Trade
             between
             us
             ,
             and
             that
             Country
             into
             which
             the
             greatest
             part
             of
             our
             Staple
             wares
             ,
             especially
             Wooll
             and
             Cloth
             were
             vented
             ,
             and
             uttered
             ,
             and
             was
             likewise
             the
             cause
             of
             loss
             of
             all
             our
             Territories
             in
             
               France
               ,
            
             except
             
               Callis
               ,
            
             and
             all
             the
             Merchandizes
             thereof
             ,
             whereby
             the
             Customes
             ,
             and
             other
             duties
             payable
             for
             Merchandizes
             were
             in
             the
             time
             of
             that
             unhappy
             Prince
             withdrawn
             ,
             and
             diminished
             to
             a
             low
             proportion
             ;
             yet
             afterwards
             upon
             the
             Mariage
             of
             
               Margaret
               ,
            
             Sister
             to
             King
             
               E.
               4.
            
             unto
             the
             Lord
             Duke
             of
             
               Burgundy
               ,
            
             as
             that
             in
             honour
             of
             the
             English
             Wooll
             ,
             which
             brought
             so
             much
             Gold
             into
             his
             Country
             ,
             he
             instituted
             the
             Order
             of
             the
             Golden
             Fleece
             ;
             and
             thereupon
             the
             Customes
             ,
             Subsidies
             ,
             and
             Impositions
             were
             raised
             again
             to
             so
             high
             a
             Revenue
             ,
             as
             our
             Kings
             could
             not
             well
             ,
             in
             policy
             ,
             strain
             that
             strength
             of
             profit
             upon
             Merchandizes
             any
             higher
             .
          
           
           
             Secondly
             ,
             albeit
             the
             Staple
             established
             at
             
               Callis
            
             being
             first
             established
             by
             an
             order
             made
             by
             the
             Kings
             Prerogative
             and
             absolute
             power
             ,
             was
             afterwards
             approved
             and
             confirmed
             by
             sundry
             Acts
             of
             Parliament
             ,
             yet
             did
             the
             King
             by
             another
             Prerogative
             retain
             a
             power
             to
             dispence
             with
             that
             Ordinance
             ,
             and
             those
             Acts
             of
             Parliament
             ,
             and
             to
             give
             license
             to
             such
             ,
             and
             so
             many
             Merchants
             as
             himself
             thought
             fit
             ,
             to
             export
             any
             Merchandizes
             out
             of
             
               England
               ,
               Wales
               ,
            
             and
             
               Ireland
               ,
            
             unto
             any
             other
             parts
             beyond
             the
             Seas
             besides
             ,
             
               à
               non
               obstante
            
             of
             the
             first
             Ordinance
             ,
             and
             of
             the
             Statutes
             which
             did
             establish
             the
             Staple
             at
             
               Callis
               .
            
             By
             virtue
             of
             this
             Prerogative
             and
             power
             ,
             the
             several
             Kings
             who
             had
             
               Callis
            
             in
             their
             possessions
             ,
             did
             grant
             so
             many
             Licences
             to
             Merchants
             ,
             as
             well
             Aliens
             as
             Denizens
             ,
             to
             transport
             our
             Staple
             commodities
             immediately
             into
             other
             places
             without
             coming
             to
             
               Callis
               ,
            
             for
             which
             Licences
             ,
             whereof
             there
             are
             an
             incredible
             number
             found
             in
             the
             Records
             of
             
               England
               ,
            
             the
             Merchants
             payd
             so
             dear
             for
             their
             commodities
             ,
             especially
             the
             
               Genoeses
               ,
            
             and
             the
             
               Venetians
               ,
            
             and
             other
             Merchants
             of
             the
             
               Levant
               ,
            
             as
             by
             the
             profits
             made
             of
             those
             Licences
             did
             amount
             
             to
             double
             the
             value
             of
             those
             Customes
             and
             Subsidies
             payable
             for
             exportation
             thereof
             ;
             and
             thereof
             those
             Princes
             as
             they
             had
             the
             less
             need
             ,
             so
             had
             they
             no
             reason
             at
             all
             to
             charge
             the
             Trade
             of
             Merchandizes
             with
             any
             other
             ,
             or
             greater
             Impositions
             .
          
           
             In
             these
             two
             points
             before
             expressed
             doe
             consist
             the
             principal
             cause
             why
             the
             Princes
             of
             
               England
            
             who
             succeeded
             King
             
               Edw.
               3.
            
             who
             won
             
               Callis
               ,
            
             untill
             the
             reign
             of
             Queen
             
               Mary
               ,
            
             who
             lost
             
               Callis
               ,
            
             did
             not
             directly
             use
             their
             Prerogative
             in
             setting
             any
             other
             Impositions
             upon
             Merchandizes
             above
             the
             ancient
             Customes
             and
             Subsidies
             granted
             by
             Parliament
             :
             For
             it
             is
             to
             be
             observed
             ,
             that
             most
             part
             of
             those
             Princes
             who
             reigned
             after
             K.
             
               Edw.
               3.
            
             and
             before
             Queen
             
               Mary
               ,
            
             had
             the
             Subsidy
             of
             Tonnage
             and
             Poundage
             granted
             unto
             them
             by
             Parliament
             ,
             which
             being
             added
             to
             the
             gain
             of
             the
             Staple
             of
             
               Callis
               ,
            
             did
             augment
             not
             a
             little
             the
             profit
             layd
             upon
             Merchandizes
             .
             And
             may
             be
             a
             reason
             likewise
             why
             those
             Kings
             did
             forbear
             to
             lay
             any
             other
             Impositions
             by
             their
             Prerogative
             .
          
           
             We
             may
             adde
             hereunto
             other
             reasons
             .
             First
             ,
             
               Rich.
               2.
            
             was
             a
             
               Minor
               ,
            
             and
             over-ruled
             
             by
             the
             great
             Princes
             of
             the
             Blood
             ,
             who
             would
             not
             suffer
             him
             to
             use
             his
             Prerogative
             .
          
           
             Secondly
             ,
             that
             during
             the
             Wars
             of
             
               Lancaster
            
             and
             
               York
            
             there
             was
             no
             fit
             time
             to
             make
             use
             of
             that
             Prerogative
             ,
             while
             both
             parties
             did
             strive
             to
             win
             the
             favour
             of
             the
             people
             .
          
           
             Thirdly
             ,
             that
             King
             
               Hen.
               7.
            
             had
             much
             ado
             to
             settle
             himself
             in
             the
             quiet
             possession
             of
             the
             Kingdome
             after
             those
             troubles
             .
          
           
             Fourthly
             ,
             that
             King
             
               H.
               8.
            
             had
             such
             a
             mass
             of
             Treasure
             left
             him
             by
             his
             Father
             ,
             and
             did
             so
             inrich
             himself
             by
             dissolution
             of
             Abbyes
             ,
             as
             he
             had
             no
             need
             to
             make
             use
             of
             this
             Prerogative
             .
          
           
             Fiftly
             ,
             that
             K.
             
               E.
               6.
            
             was
             also
             a
             
               Minor
               ,
            
             and
             that
             his
             chiefest
             Council
             did
             more
             contend
             to
             advance
             their
             own
             houses
             than
             the
             Kings
             profit
             .
          
        
         
         
           
             CHAP.
             XVIII
             .
          
           
             
               That
               Queen
               
                 Mary
              
               did
               use
               her
               Prerogative
               in
               laying
               Impositions
               upon
               Merchandizes
               .
            
          
           
             QUeen
             
               Mary
               ,
            
             in
             whose
             time
             the
             Town
             of
             
               Callis
            
             was
             lost
             ,
             and
             consequently
             the
             benefit
             of
             the
             Staple
             at
             
               Callis
            
             was
             lost
             ,
             did
             by
             her
             absolute
             power
             ,
             as
             appeareth
             by
             the
             Report
             of
             the
             Lord
             
               Dyer
               ,
               1
               Eliz.
               Dyer
               165.
            
             
             raise
             an
             Imposition
             upon
             Clothes
             ,
             
               viz.
            
             six
             shillings
             and
             eight
             pence
             upon
             every
             Cloth
             ,
             over
             and
             above
             all
             Customes
             and
             Subsidies
             .
             True
             it
             is
             ,
             that
             the
             Merchants
             petition'd
             to
             be
             disburthened
             of
             this
             Imposition
             ,
             which
             was
             referred
             to
             the
             consideration
             of
             the
             Justices
             ,
             and
             other
             ;
             whereupon
             they
             had
             many
             assemblies
             and
             conference
             ,
             as
             that
             Book
             reporteth
             :
             And
             albeit
             the
             Resolution
             of
             the
             Judges
             in
             that
             behalf
             be
             not
             found
             in
             that
             book
             ,
             it
             is
             to
             be
             presumed
             ,
             That
             they
             adjudged
             the
             Imposition
             to
             be
             just
             and
             lawfull
             ,
             because
             it
             was
             continued
             and
             answered
             
             during
             all
             the
             Reign
             of
             Queen
             
               Mary
               .
            
             This
             Queen
             
               Mary
            
             likewise
             by
             her
             Preroonely
             ,
             layd
             an
             Imposition
             of
             four
             Marks
             upon
             every
             Tun
             of
             French
             Wines
             over
             and
             above
             the
             Prizage
             and
             Buttlerage
             ,
             which
             during
             her
             life
             time
             was
             payd
             without
             contradiction
             .
          
        
         
           
             CHAP.
             XIX
             .
          
           
             
               That
               Queen
               
                 Elizabeth
              
               also
               used
               her
               Prerogative
               in
               laying
               Impositions
               upon
               Merchandizes
               .
            
          
           
             QUeen
             
               Elizabeth
            
             also
             by
             virtue
             of
             the
             same
             Prerogative
             ,
             did
             not
             only
             continue
             the
             Impositions
             layd
             by
             Queen
             
               Mary
            
             upon
             Cloths
             and
             French
             Wines
             ,
             but
             did
             raise
             other
             Impositions
             of
             sundry
             sorts
             of
             Merchandizes
             by
             the
             same
             absolute
             power
             ;
             namely
             ,
             upon
             every
             Tun
             of
             sweet
             Wines
             ,
             upon
             every
             Tun
             of
             Rhenish
             Wines
             ,
             upon
             every
             Kental
             of
             Allom
             ,
             which
             during
             the
             time
             of
             the
             prudent
             Princess
             were
             payd
             and
             received
             without
             question
             .
             Besides
             ,
             the
             same
             Queen
             ,
             upon
             complaint
             made
             unto
             her
             
             in
             the
             twelfth
             year
             of
             her
             Reign
             ,
             
             That
             the
             State
             of
             
               Venice
            
             did
             impose
             one
             Ducket
             upon
             every
             hundred
             of
             Currans
             exported
             out
             of
             their
             Dominions
             by
             the
             Merchants
             of
             
               England
               ,
            
             did
             by
             her
             Letters
             Patents
             ,
             grant
             unto
             the
             English
             Merchants
             who
             traded
             into
             the
             
               Levant
               ,
            
             That
             they
             only
             ,
             and
             their
             Assigns
             ,
             might
             bring
             Currans
             into
             
               England
               .
            
             The
             English
             Merchants
             having
             this
             privilege
             ,
             did
             take
             five
             shillings
             and
             six
             pence
             upon
             every
             hundred
             waight
             of
             Currans
             brought
             into
             
               England
            
             by
             Strangers
             ,
             which
             was
             duly
             payd
             ,
             although
             it
             was
             taken
             by
             the
             Merchants
             by
             virtue
             of
             their
             privilege
             only
             of
             
               fortiori
               ;
            
             yet
             it
             ought
             to
             have
             been
             payd
             if
             it
             had
             been
             payable
             to
             the
             Queen
             her self
             ,
             as
             the
             Lord
             Chief
             Baron
             
               Fleming
            
             did
             observe
             in
             his
             Argument
             of
             
               Bate's
            
             case
             of
             Currans
             in
             the
             Court
             of
             Exchequer
             in
             
               England
               .
            
          
        
         
         
           
             CHAP.
             XX
             .
          
           
             
               That
               our
               Soveraign
               Lord
               King
               
                 James
              
               hath
               by
               virtue
               of
               the
               same
               Prerogative
               ,
               without
               Act
               of
               Parliament
               ,
               layd
               several
               Impositions
               upon
               Merchandizes
               .
            
          
           
             HIS
             Majesty
             likewise
             when
             he
             came
             to
             be
             King
             of
             
               England
            
             finding
             his
             Crown
             to
             be
             seized
             of
             this
             Prerogative
             ,
             and
             finding
             withall
             the
             necessary
             charge
             of
             the
             Crown
             exceedingly
             to
             increase
             ,
             did
             for
             the
             supportation
             thereof
             ,
             not
             onely
             continue
             the
             Impositions
             layd
             by
             Queen
             
               Mary
               ,
            
             and
             Queen
             
               Elizabeth
               ,
            
             but
             also
             layd
             new
             Impositions
             upon
             sundry
             sorts
             of
             Merchandizes
             ,
             over
             and
             above
             all
             Customes
             and
             Subsidies
             formerly
             due
             and
             payable
             for
             the
             same
             :
             And
             these
             are
             the
             Impositions
             now
             ;
             the
             principal
             of
             these
             is
             twelve
             pence
             upon
             the
             pound
             ,
             or
             a
             second
             poundage
             set
             upon
             Merchandizes
             as
             well
             exported
             as
             imported
             ,
             by
             Letters
             Patents
             28.
             
             
               Iuly
               ,
            
             
             in
             the
             sixth
             year
             of
             his
             Majesties
             Reign
             ;
             but
             how
             is
             it
             set
             and
             imposed
             ,
             
             surely
             with
             such
             moderation
             ,
             and
             limitations
             ,
             and
             such
             receptations
             full
             of
             grace
             and
             favour
             ,
             as
             no
             Monarch
             or
             State
             in
             the
             world
             did
             ever
             impart
             to
             their
             Subjects
             the
             like
             in
             the
             like
             case
             ;
             for
             ,
             besides
             other
             gracious
             clauses
             contained
             in
             the
             same
             Letters
             Patents
             ,
             All
             commodities
             serving
             either
             for
             food
             ,
             or
             sustenance
             of
             the
             Kings
             people
             ,
             or
             seting
             the
             poor
             on
             work
             ,
             or
             for
             munition
             or
             defence
             of
             the
             Realm
             ,
             or
             for
             maintainance
             of
             Navigation
             ,
             or
             which
             especially
             tends
             to
             the
             enriching
             of
             a
             Kingdome
             ,
             are
             excepted
             and
             discharged
             by
             this
             Imposition
             .
          
           
             As
             for
             the
             special
             Impositions
             which
             his
             Majesty
             hath
             set
             upon
             certain
             forrein
             commodities
             ,
             as
             Currans
             ,
             Logwood
             ,
             Tobacco
             ,
             
               &c.
               
            
             As
             touching
             the
             first
             of
             these
             ,
             the
             Imposition
             hath
             been
             adjudged
             lawful
             in
             the
             Court
             of
             Exchequer
             of
             
               England
               :
            
             And
             for
             the
             other
             commodities
             ,
             they
             are
             of
             such
             nature
             ,
             as
             no
             man
             ever
             made
             question
             but
             that
             the
             Impositions
             set
             upon
             them
             were
             lawful
             .
             Besides
             these
             Impositions
             layd
             in
             
               England
               ,
            
             his
             Majesty
             by
             his
             Prerogative
             onely
             ,
             since
             the
             beginning
             of
             his
             Reign
             ,
             received
             the
             Impost
             of
             Wines
             in
             
               Ireland
               ;
            
             
             and
             hath
             likewise
             ,
             to
             make
             equality
             of
             Trade
             in
             that
             Realm
             ,
             layd
             an
             Imposition
             of
             twelve
             pence
             on
             the
             pound
             of
             all
             other
             Merchandizes
             imported
             and
             exported
             out
             of
             the
             Ports
             of
             
               Dublin
               ,
               Waterford
               ,
               Drogheda
               ,
            
             and
             
               Galway
               ,
            
             the
             Citizens
             of
             which
             Cities
             and
             Townes
             are
             exempted
             and
             discharged
             of
             Poundage
             granted
             by
             Act
             of
             Parliament
             there
             ,
             which
             Imposition
             was
             never
             impugned
             in
             
               Ireland
               ,
            
             but
             hath
             since
             the
             setting
             thereof
             been
             levied
             and
             payd
             without
             contradiction
             .
             And
             that
             wee
             see
             how
             long
             the
             Crown
             of
             
               England
            
             hath
             been
             seised
             of
             this
             Prerogative
             ,
             in
             laying
             Impositions
             upon
             Merchandizes
             ,
             and
             how
             the
             same
             hath
             been
             put
             in
             practice
             by
             the
             most
             prudent
             Princes
             since
             the
             Conquest
             .
          
        
         
         
           
             CHAP.
             XXI
             .
          
           
             
               The
               general
               reasons
               whereupon
               this
               Prerogative
               is
               grounded
               .
            
          
           
             ALthough
             it
             be
             a
             matter
             of
             difficulty
             ,
             and
             doth
             savour
             withall
             of
             curiosity
             and
             presumption
             ,
             to
             search
             a
             reason
             for
             every
             Prerogative
             that
             is
             incident
             to
             the
             Crown
             ;
             for
             
               Sacrilegii
               est
               disputare
               de
               Principis
               facto
               ,
            
             saith
             the
             Imperial
             Law
             ;
             and
             
               Scrutator
               Majestatis
               opprimitur
               à
               gloria
               ,
            
             saith
             the
             Wise
             man
             :
             Yet
             the
             reasons
             whereupon
             this
             Prerogative
             is
             grounded
             are
             so
             many
             ,
             and
             manifest
             ,
             as
             it
             were
             not
             amiss
             to
             collect
             the
             principal
             of
             them
             ,
             rather
             for
             the
             confirmation
             ,
             than
             the
             satisfaction
             of
             such
             as
             have
             moved
             this
             question
             touching
             the
             lawfulness
             of
             Impositions
             layd
             by
             his
             Majesty
             upon
             Merchandizes
             .
          
           
             First
             ,
             the
             King
             is
             the
             Fountain
             of
             all
             Justice
             ,
             and
             therefore
             the
             first
             reason
             drawn
             from
             the
             Kings
             charge
             in
             doing
             
             Justice
             ,
             and
             procuring
             Justice
             to
             be
             done
             to
             Merchants
             ,
             not
             onely
             distributive
             Justice
             ,
             wherein
             consisteth
             
               Praemium
            
             and
             
               Paena
               ,
            
             but
             cōmutative
             Justice
             is
             also
             derived
             from
             the
             king
             .
             Now
             his
             Majesty
             doth
             exercise
             commutative
             Justice
             chiefly
             in
             the
             ordering
             and
             government
             of
             Trade
             and
             Comerce
             ,
             wherein
             hee
             is
             to
             doe
             Justice
             ,
             or
             to
             procure
             Justice
             to
             be
             done
             to
             his
             Subjects
             ,
             who
             do
             make
             contracts
             real
             and
             personal
             within
             the
             Land
             :
             But
             to
             his
             Merchants
             that
             trade
             and
             traffique
             with
             Forrein
             Nations
             ,
             and
             to
             Strangers
             that
             trade
             &
             traffick
             with
             us
             ,
             for
             the
             Administration
             of
             cōmutative
             Justice
             within
             the
             Land
             ,
             the
             King
             receiveth
             sundry
             profits
             ,
             which
             grew
             first
             by
             way
             of
             Imposition
             .
             A
             man
             cannot
             recover
             a
             Debt
             in
             the
             Kings
             Court
             ,
             but
             first
             he
             payeth
             the
             King
             a
             Fine
             for
             his
             first
             Process
             :
             Land
             cannot
             be
             conveighed
             by
             a
             Common
             Recovery
             but
             a
             Fine
             for
             the
             Original
             must
             be
             payd
             to
             the
             King
             .
             Neither
             can
             Land
             be
             passed
             from
             one
             to
             another
             by
             Fine
             in
             the
             Kings
             Court
             ,
             but
             the
             Kings
             Silver
             must
             be
             payd
             ,
             
               pro
               licentia
               concordandi
               .
            
             Adde
             hereunto
             the
             profit
             of
             the
             Seals
             in
             all
             the
             Kings
             Courts
             ,
             for
             all
             manner
             of
             Writs
             :
             And
             yet
             the
             King
             
             
               in
               Charta
               magna
            
             did
             promise
             ,
             
               Nulli
               negabimus
               ,
               nulli
               vendemus
               Iustitiam
               vel
               rectum
               ;
            
             but
             the
             Kings
             taking
             of
             these
             ,
             and
             the
             like
             Duties
             ,
             is
             no
             breach
             of
             the
             great
             Charter
             ,
             for
             that
             the
             same
             was
             imposed
             by
             the
             King
             long
             before
             the
             Charter
             was
             made
             and
             taken
             ,
             
               ut
               Ministerii
               sui
               stipendia
               ,
            
             as
             the
             Schoolman
             speaketh
             ;
             and
             withall
             to
             recompence
             the
             charge
             of
             the
             Crown
             in
             maintaining
             the
             Court
             of
             Justice
             :
             See
             
               Bodin
               lib.
               6.
               de
               Repub.
               cap.
               2.
            
             
             where
             hee
             speaketh
             of
             the
             like
             profit
             made
             upon
             the
             Process
             in
             
               France
               :
            
             And
             shews
             that
             the
             antient
             Romans
             did
             the
             like
             :
             And
             the
             Emperour
             
               Caligula
            
             
             took
             the
             fortieth
             penny
             of
             that
             which
             was
             demanded
             in
             every
             several
             Civil
             Action
             .
             If
             then
             such
             profits
             be
             taken
             for
             the
             King
             in
             his
             Courts
             of
             Justice
             within
             the
             Land
             ,
             towards
             the
             charge
             which
             he
             sustaineth
             in
             the
             maintainance
             of
             these
             Courts
             and
             the
             Offices
             thereof
             ,
             which
             duties
             were
             at
             first
             limitted
             and
             imposed
             by
             the
             King
             himself
             without
             any
             Act
             of
             Parliament
             ;
             for
             who
             ever
             heard
             of
             an
             Act
             of
             Parliament
             whereby
             the
             same
             were
             granted
             ?
             Is
             there
             not
             as
             good
             reason
             why
             the
             charge
             of
             the
             King
             in
             doing
             Justice
             ,
             and
             procuring
             Justice
             to
             be
             done
             
             unto
             Merchants
             ,
             whose
             residence
             and
             comerce
             is
             for
             the
             most
             part
             out
             of
             the
             Land
             ,
             should
             be
             recompenced
             out
             of
             Merchandizes
             imported
             ,
             and
             exported
             ,
             not
             according
             to
             the
             will
             of
             the
             Merchant
             ,
             and
             pleasure
             of
             the
             people
             ,
             but
             proportionable
             according
             to
             the
             Kings
             charge
             ,
             which
             being
             best
             known
             to
             himself
             ,
             it
             is
             most
             meet
             that
             the
             recompence
             should
             be
             limitted
             by
             himself
             ?
          
           
             Touching
             the
             charge
             of
             the
             King
             in
             doing
             ,
             and
             appointing
             Justice
             to
             be
             done
             to
             Merchants
             ;
             Are
             not
             all
             Leagues
             ,
             Truces
             ,
             and
             Treaties
             of
             State
             with
             Forein
             Princes
             ,
             wherein
             the
             publique
             Trade
             and
             Comerce
             of
             Merchants
             are
             ever
             included
             ,
             concluded
             ,
             and
             made
             at
             the
             Kings
             charge
             ?
             Did
             not
             the
             Kings
             Council
             of
             State
             ,
             and
             high
             Court
             of
             Chancery
             give
             more
             speedy
             hearing
             to
             the
             causes
             of
             Merchants
             than
             to
             the
             causes
             of
             other
             Subjects
             ?
             Doth
             not
             the
             King
             maintain
             a
             Court
             of
             Admiralty
             for
             deciding
             of
             Marine
             causes
             ,
             which
             doe
             for
             the
             most
             part
             concern
             Merchants
             ?
             Doth
             he
             not
             bear
             the
             charge
             of
             several
             Leiger
             Ambassadors
             in
             
               Italy
               ,
            
             in
             
               Spain
               ,
            
             in
             
               France
               ,
            
             in
             the
             
               Lom
               .
               Countries
               ,
            
             in
             
               Turkie
               ,
            
             
             whose
             principal
             Negotiation
             doth
             consist
             in
             procuring
             Justice
             to
             be
             done
             to
             our
             Merchants
             ?
             And
             if
             our
             Merchants
             doe
             suffer
             wrong
             in
             any
             Forein
             Country
             by
             reason
             of
             any
             defective
             neglect
             in
             doing
             Justice
             there
             ,
             doth
             not
             the
             King
             by
             his
             Prerogative
             grant
             them
             Letters
             of
             Mart
             ,
             or
             Reprisal
             ,
             that
             they
             may
             right
             themselves
             ,
             which
             is
             a
             
               species
               justi
               Belli
               ,
            
             as
             the
             Civilians
             call
             it
             ?
             And
             if
             the
             injury
             done
             to
             the
             Merchants
             bee
             multiplyed
             and
             continued
             with
             a
             high
             hand
             ,
             Is
             it
             not
             the
             Kings
             Office
             to
             denounce
             and
             prosecute
             War
             against
             such
             a
             people
             as
             doth
             refuse
             to
             doe
             Justice
             unto
             his
             Merchants
             ?
             For
             this
             cause
             the
             Romans
             began
             the
             first
             Punick
             War
             ,
             saith
             
               Appian
               ,
               Cicero
            
             
             in
             his
             Oration
             
               pro
               Lege
               Manlia
               ,
            
             affirmeth
             ,
             
               Populum
               Romanum
               faepe
               Mercatoribus
               Injuria
               suis
               tractata
               bella
               gessisse
               .
            
             Briefly
             ,
             the
             plenty
             of
             Money
             being
             greater
             in
             this
             Age
             than
             ever
             was
             there
             by
             reason
             of
             so
             many
             Millions
             of
             Gold
             and
             Silver
             brought
             from
             the
             
               Indies
            
             into
             
               Europe
               ,
            
             and
             the
             price
             of
             all
             Merchandizes
             being
             withall
             greatly
             enhanced
             ,
             and
             the
             charges
             and
             expences
             of
             Princes
             exceedingly
             encreased
             ,
             is
             it
             meet
             or
             just
             that
             :
             the
             King
             at
             this
             day
             should
             
             be
             stinted
             or
             bound
             to
             that
             old
             Demimark
             onely
             for
             Native
             commodities
             ,
             or
             the
             three
             pence
             of
             the
             pound
             for
             the
             Forein
             commodities
             which
             
               Edw.
               1.
            
             was
             content
             to
             accept
             of
             four
             hundred
             years
             since
             ,
             or
             a
             single
             poundage
             onely
             ,
             which
             in
             the
             time
             of
             King
             
               Edw.
               4.
            
             was
             not
             sufficient
             to
             maintain
             the
             necessary
             charges
             of
             keeping
             the
             Sea
             ,
             as
             the
             Acts
             of
             Parliament
             ,
             
               12.
               Edw.
               4.
               cap.
               5.
            
             
             which
             granteth
             that
             Subsidy
             to
             the
             King
             ,
             reciteth
             all
             the
             Kings
             charge
             in
             supporting
             the
             Trade
             of
             Merchants
             being
             unlimited
             ,
             and
             infinite
             :
             And
             shall
             the
             duties
             payable
             for
             Merchandizes
             be
             stinted
             and
             restrained
             to
             such
             a
             proportion
             only
             as
             the
             Subject
             shall
             bee
             pleased
             to
             grant
             unto
             him
             ?
             Assuredly
             if
             the
             King
             had
             not
             a
             Prerogative
             of
             his
             own
             absolute
             power
             without
             Act
             of
             Parliament
             ,
             to
             increase
             the
             duties
             payable
             for
             Merchandizes
             at
             this
             day
             ,
             a
             Merchants
             Counting-house
             would
             be
             richer
             than
             the
             Kings
             Exchequer
             ;
             and
             the
             Subject
             who
             may
             live
             privately
             ,
             and
             moderate
             his
             expenses
             ,
             and
             yet
             raise
             the
             Fines
             of
             his
             Coppy-holds
             ,
             and
             Rents
             of
             his
             Demeans
             without
             controlement
             ,
             would
             be
             in
             better
             case
             than
             the
             King
             ,
             who
             by
             reason
             of
             
             the
             Majesty
             of
             his
             Estate
             cannot
             abridge
             his
             charges
             ,
             and
             yet
             should
             have
             no
             power
             of
             himself
             without
             leave
             of
             his
             Subjects
             to
             increase
             his
             Revenue
             .
          
           
             Again
             ,
             the
             King
             is
             not
             only
             at
             charge
             in
             doing
             of
             Justice
             to
             his
             Merchants
             at
             home
             ,
             and
             in
             procuring
             Justice
             to
             bee
             done
             to
             them
             abroad
             ,
             but
             he
             doth
             withall
             maintain
             a
             Royall
             Navy
             of
             Ships
             ,
             the
             best
             ,
             the
             fairest
             ,
             the
             strongest
             in
             the
             world
             at
             this
             day
             ,
             to
             protect
             all
             Merchants
             from
             spoyl
             and
             Piracy
             on
             the
             sea
             .
             In
             the
             maintainance
             of
             this
             Navy
             ,
             the
             King
             doth
             expend
             more
             Treasure
             than
             the
             whole
             Revenue
             of
             some
             of
             his
             Predecessors
             did
             amount
             to
             .
          
           
             And
             he
             doth
             not
             onely
             secure
             Merchants
             by
             Sea
             ,
             but
             he
             gives
             them
             safe
             conduct
             by
             Land
             also
             ,
             as
             appeareth
             by
             the
             great
             Charter
             :
             So
             as
             they
             may
             well
             give
             our
             King
             that
             title
             which
             
               virgil
            
             
             gives
             to
             the
             King
             of
             Bees
             ,
             
               Ille
               operum
               custos
               :
            
             And
             seeing
             Merchants
             are
             most
             likely
             resembled
             to
             those
             Industrious
             creatures
             ,
             because
             they
             bring
             the
             hony
             to
             the
             Kings
             Hives
             ,
             to
             wit
             ,
             to
             his
             Havens
             and
             Ports
             ,
             where
             they
             ,
             and
             their
             Merchandizes
             bee
             protected
             and
             reserved
             ,
             why
             should
             they
             not
             imitate
             the
             Bees
             in
             
             observing
             their
             King
             ,
             and
             in
             making
             him
             partaker
             of
             the
             fruit
             of
             their
             labours
             ?
             Neither
             is
             it
             a
             new
             thing
             ,
             or
             an
             invention
             of
             this
             Age
             ,
             to
             lay
             Impositions
             upon
             Merchants
             for
             their
             Waftage
             and
             Protection
             at
             Sea
             ;
             for
             
               plinius
            
             tels
             us
             ,
             
               lib.
               19.
               cap.
               4.
               
            
             
             
               Merces
               praetiosae
               ut
               ex
               India
               ,
               Arabia
               ,
               Ethiopia
               ,
               tuto
               in
               Europam
               à
               Mercatoribus
               conveherentur
               ,
               necessariò
               classem
               parandam
               esse
               adversas
               Piraticas
               incursiones
               ,
               inde
               maritimi
               exercitus
               habendi
               causa
               vectigal
               rubri
               maris
               institutum
               .
            
          
           
             A
             third
             reason
             drawn
             from
             the
             Interest
             the
             King
             hath
             in
             the
             parts
             of
             the
             Kingdom
             ,
             and
             the
             custody
             thereof
             ,
             which
             giveth
             him
             power
             to
             shut
             and
             open
             the
             same
             at
             his
             pleasure
             .
          
           
             Again
             ,
             all
             the
             Ports
             of
             the
             Kingdome
             are
             the
             Kings
             ,
             not
             onely
             the
             Cinque-Ports
             ,
             which
             have
             a
             special
             Warden
             appointed
             by
             the
             King
             ,
             but
             the
             rest
             of
             the
             Ports
             are
             also
             his
             ,
             and
             many
             of
             them
             bear
             a
             mark
             of
             the
             Kings
             Inheritance
             in
             their
             Additions
             ,
             as
             
               Linn
               Regis
               ,
               Waymouth
               ,
               Melcombe
               Regis
               ,
               Pool
               Regis
               ;
            
             for
             the
             King
             is
             
               Custos
               totius
               Angliae
               Regni
               ;
            
             as
             the
             four
             Seas
             are
             the
             Walls
             of
             the
             kingdom
             ,
             so
             the
             Havens
             and
             Creeks
             are
             the
             Gates
             ,
             and
             Posterns
             of
             it
             .
             They
             are
             
               Ostia
               ,
            
             they
             
             are
             
               Ianua
               Regni
               ;
            
             and
             we
             find
             two
             Ports
             in
             
               Italy
            
             called
             by
             those
             names
             ,
             the
             one
             at
             the
             mouth
             of
             
               Tiber
               ,
            
             the
             other
             corruptly
             called
             
               Genoa
               ,
            
             but
             the
             true
             name
             thereof
             is
             
               Ianua
               .
            
             And
             as
             the
             Havens
             are
             
               Ianua
               Regni
               ,
            
             the
             King
             himself
             is
             
               Ianus
               ,
            
             and
             hath
             power
             to
             open
             and
             shut
             them
             at
             his
             pleasure
             .
          
           
             
               Omnia
               sunt
               nostra
               clausa
               patentque
               manu
               .
            
             Saith
             
               Ianus
            
             in
             the
             Poet
             .
             And
             again
             ,
             
               Modo
               namque
               Patulchus
               idem
               &
               modo
               sacrifico
               Clusius
               ore
               vocor
               .
            
          
           
             The
             King
             of
             
               England
            
             hath
             ever
             had
             this
             Prerogative
             incident
             to
             his
             Crown
             ,
             to
             shut
             and
             open
             the
             Ports
             when
             it
             pleased
             him
             ,
             as
             appeareth
             by
             many
             Records
             ,
             especially
             by
             the
             Parliament
             Rolls
             in
             the
             time
             of
             King
             
               Edw.
               3.
            
             
             wherein
             are
             found
             many
             Petitions
             that
             the
             Sea
             might
             be
             open
             ,
             which
             during
             that
             Kings
             time
             was
             often
             shut
             by
             virtue
             of
             his
             Prerogative
             only
             ,
             and
             never
             fully
             opened
             again
             ,
             but
             when
             the
             King
             layd
             an
             Imposition
             upon
             Merchandizes
             .
          
           
             And
             this
             Prerogative
             of
             Custody
             of
             the
             Ports
             ,
             and
             of
             shutting
             and
             opening
             the
             same
             ,
             is
             reserved
             unto
             the
             Crown
             upon
             an
             excellent
             reason
             :
             For
             Trade
             and
             Comerce
             is
             not
             fit
             to
             be
             holden
             with
             
             all
             persons
             ,
             neither
             are
             all
             things
             fit
             to
             be
             imported
             or
             exported
             :
             For
             such
             persons
             as
             are
             enemies
             to
             the
             Crown
             ,
             &
             come
             to
             discover
             
               Arcana
               Regni
               ,
            
             such
             persons
             as
             come
             to
             corrupt
             Religion
             ,
             or
             the
             manners
             of
             the
             people
             ,
             such
             persons
             as
             under
             colour
             of
             Merchandizes
             come
             to
             set
             up
             Monopolies
             ,
             or
             a
             dry
             Exchange
             to
             drain
             or
             draw
             away
             our
             commodities
             or
             money
             out
             of
             the
             Kingdom
             ,
             are
             not
             fit
             to
             enter
             in
             at
             the
             Gates
             of
             the
             Kingdome
             .
             And
             again
             ,
             such
             commodities
             as
             the
             kingdom
             cannot
             spare
             ,
             as
             Corn
             in
             time
             of
             dearth
             ,
             and
             such
             as
             may
             advantage
             our
             Enemies
             and
             hurt
             us
             in
             time
             of
             Warre
             ,
             as
             Horses
             ,
             Armor
             ,
             Gunpowder
             ,
             
               &c.
            
             are
             not
             fit
             to
             be
             exported
             out
             of
             the
             Realm
             :
             And
             Poysons
             ,
             Heretical
             books
             ,
             and
             other
             things
             which
             are
             apparently
             hurtfull
             to
             the
             people
             ,
             are
             not
             to
             be
             imported
             ;
             and
             therefore
             the
             Prerogative
             of
             opening
             and
             shutting
             the
             Ports
             is
             accompanied
             with
             another
             absolute
             power
             ,
             of
             stoping
             and
             imbarring
             of
             Trade
             &
             Comerce
             ,
             sometimes
             generally
             ,
             sometimes
             between
             us
             and
             particular
             Nations
             ,
             and
             sometimes
             for
             particular
             Merchandizes
             only
             ,
             whereof
             there
             are
             many
             presidents
             and
             examples
             both
             in
             Records
             and
             Histories
             
             of
             our
             Nation
             ,
             
               2
               Edw.
               1.
            
             
             
               Rot.
               Parliament
               .
               m.
               18.
               in
               Archivis
               Turris
               .
               2
               Edw.
               3.
            
             
             
               Rot.
               fin
               .
               m.
               17.
               ibid.
               10
               Edw.
               3.
               
            
             
             
               Chaunc
               .
               m.
               3.
               in
               dorso
               ibid.
               17
               Hen.
               6.
               
            
             
             
               Sccio
               Angliae
               ,
               Matthew
               Paris
               Hist.
               magna
               p.
               568.
            
             
             
               10
               
               Hen.
               7.
               
               Stow.
            
             
             And
             this
             Prerogative
             of
             imbarring
             Trade
             ,
             doth
             result
             out
             of
             the
             undoubted
             Prerogative
             which
             the
             King
             hath
             to
             make
             Peace
             and
             War
             with
             Forein
             Nations
             ,
             for
             open
             War
             is
             no
             sooner
             denounced
             ,
             but
             all
             Trade
             of
             Merchandize
             is
             stopt
             and
             imbarred
             between
             the
             Nations
             which
             are
             ingaged
             in
             the
             Warre
             ,
             
               durante
               bello
               inter
               Reges
               Christianos
               merces
               quascunque
               exportare
               vetamur
               ne
               Regni
               arcana
               scrutentur
               ,
            
             saith
             a
             Doctor
             of
             the
             Imperiall
             Law
             ;
             whereupon
             wee
             make
             this
             Argument
             ,
             That
             since
             the
             King
             hath
             absolute
             power
             of
             shut
             the
             Ports
             ,
             and
             stop
             Trade
             ,
             it
             standeth
             with
             as
             good
             reason
             that
             he
             shold
             have
             the
             like
             power
             to
             lay
             reasonable
             Impositions
             upon
             Merchandizes
             for
             opening
             of
             the
             Ports
             ,
             and
             for
             giving
             of
             freedome
             of
             Trade
             again
             ;
             he
             that
             may
             doe
             the
             more
             ,
             may
             doe
             the
             lesse
             ,
             
               Non
               debet
               ei
               cui
               id
               quod
               majus
               est
               ,
               id
               quod
               minus
               est
               non
               licere
               ,
            
             saith
             the
             Rule
             of
             the
             Law
             ;
             hee
             that
             may
             prohibit
             Merchants
             not
             to
             Trade
             or
             passe
             ,
             may
             dispence
             with
             that
             prohibition
             ,
             and
             give
             
             them
             leave
             to
             go
             and
             Traffique
             
               sub
               modo
               .
            
          
           
             Again
             ,
             the
             King
             of
             
               England
            
             is
             
               Dominus
               Maris
               ,
            
             which
             floweth
             about
             the
             Island
             ,
             as
             divers
             ancient
             Books
             and
             Records
             do
             testifie
             ,
             as
             
               Fitz
               Avowry
               192.
               6
               
               Rich.
               2.
               protection
               .
               46.
               
               Rot.
               Scotiae
               .
               m.
               16.
               in
               Arch.
               Turris
               .
            
             
             And
             he
             is
             Lord
             of
             the
             Sea
             ,
             not
             only
             
               quoad
               protectionem
               &
               jurisdictionem
               ,
               sed
               quoad
               proprietatem
               ,
            
             and
             this
             is
             our
             
               Neptunes
            
             trident
             ,
             for
             God
             gave
             unto
             man
             as
             well
             the
             Dominion
             of
             the
             Sea
             as
             of
             the
             Earth
             ,
             where
             it
             is
             said
             ,
             
               Gen.
               1.
            
             
             
               replete
               terram
               &
               subjicite
               eam
               ,
               &
               dominamini
               piscibus
               maris
               ,
               &c.
            
             and
             in
             
               Psal.
               8.
               
               Omnia
               subjecit
               pedibus
               ejus
               ,
               Pisces
               maris
               &
               quicquid
               perambulat
               semitas
               maris
               .
            
          
           
             And
             therefore
             
               Baldus
            
             
             affirmeth
             ,
             
               de
               jure
               Gentium
               distincta
               esse
               dominia
               in
               mare
               sicut
               in
               terra
               arida
               ,
            
             and
             again
             ,
             
               mare
               attribuitur
               terrae
               Circunstanti
               .
            
             Hence
             it
             is
             ,
             though
             there
             be
             but
             one
             Ocean
             ,
             in
             resepct
             wherof
             the
             whole
             Earth
             is
             
               quasi
               insula
               ,
            
             saith
             
               Strabo
               ,
            
             
             yet
             is
             there
             
               Mare
               Gallicum
               ,
               Sardicum
               ,
               Creticum
               ,
               AEgypticum
               ,
               &
               oceanus
               Britanicus
               ,
               Germanicus
               ,
               &c.
            
             which
             particular
             names
             do
             note
             a
             propriety
             in
             the
             Princes
             and
             States
             ,
             who
             are
             Lords
             of
             the
             Land
             adjoyning
             .
             Hence
             it
             is
             that
             our
             Common
             
             Law
             doth
             give
             unto
             our
             King
             all
             the
             land
             which
             is
             gained
             from
             the
             Sea
             ,
             which
             
               Stampford
            
             
             in
             the
             Book
             of
             the
             Kings
             Prerogative
             doth
             affirm
             to
             belong
             to
             the
             King
             ,
             
               de
               jure
               Gentium
               ,
               quia
               Mare
               seu
               particula
               Maris
               est
               de
               Territorio
               illius
               Civitatis
               vel
               Regni
               cui
               magis
               appropinquat
               ,
            
             saith
             one
             learned
             Doctor
             ,
             
               Mare
               se
               extendit
               cum
               aquae
               sint
               mensurabiles
               ,
            
             saith
             another
             ;
             hence
             it
             is
             ,
             that
             all
             navigable
             Rivers
             ,
             as
             the
             River
             of
             
               Thames
               ,
            
             and
             the
             River
             of
             
               Lee
               ,
            
             and
             divers
             others
             ,
             are
             called
             in
             our
             Books
             ,
             the
             Kings
             Streams
             ,
             
               19.
               
               Ass.
            
             p.
             6.
             
             
             
               Dyer
               117.
               a.
            
             because
             such
             Rivers
             are
             arms
             of
             the
             Sea
             ,
             so
             far
             as
             the
             Sea
             doth
             flow
             in
             them
             ,
             
               22.
               
               Ass.
               p.
               93.
            
             
             and
             lastly
             ,
             hence
             it
             is
             ,
             that
             by
             the
             Common
             Law
             ,
             the
             King
             may
             prohibit
             all
             Subjects
             whatsoever
             to
             passe
             over
             the
             Seas
             without
             his
             licence
             ;
             and
             to
             that
             end
             in
             22
             
               Edw.
               4.
            
             
             the
             King
             commanded
             the
             Warden
             of
             the
             Cinque Ports
             ,
             and
             the
             Bailifs
             of
             all
             other
             Ports
             of
             the
             Kingdom
             ,
             that
             they
             should
             not
             suffer
             any
             Man
             ,
             Ship
             ,
             or
             Boat
             ,
             to
             passe
             beyond
             the
             Seas
             ,
             
               quousque
               Rex
               illud
               mandaverit
               ,
            
             and
             the
             like
             Commandments
             were
             given
             ,
             
               4
               Edw.
               3.
            
             
             
               21
               Edw.
               3.
            
             
             
               16
               
               Rich.
               2.
            
             
             
               17
               
               Hen.
               6.
               
            
             
             If
             therefore
             the
             King
             hath
             such
             an
             absolute
             Interest
             in
             the
             Ports
             ,
             and
             in
             the
             Sea
             ,
             and
             in
             
             all
             Navigable
             Rivers
             wherein
             the
             Kings
             Ports
             are
             situated
             for
             the
             main
             part
             ,
             why
             should
             he
             not
             have
             the
             like
             absolute
             power
             to
             limit
             and
             prescribe
             unto
             Merchants
             what
             duties
             they
             shall
             pay
             ,
             and
             upon
             what
             terms
             and
             conditions
             they
             shall
             passe
             to
             and
             fro
             upon
             the
             Seas
             ,
             and
             come
             in
             and
             out
             of
             his
             Streams
             and
             Ports
             with
             their
             Ships
             and
             Merchandizes
             ?
             
               Podagium
               in
               Mari
               debet
               solvi
               sicut
               in
               teria
               si
               sit
               impositum
               per
               dominuni
               Maris
               ,
            
             saith
             
               Baldus
               ,
            
             and
             the
             rights
             belonging
             to
             the
             Lord
             of
             the
             Sea
             ,
             saith
             another
             Doctor
             ,
             are
             
               Ius
               navigandi
               ,
               jus
               piscandi
               ,
               jus
               imponendi
               vectigalia
               pro
               utroque
               .
            
          
           
             Again
             ,
             the
             Kings
             of
             
               England
            
             have
             the
             like
             Prerogative
             in
             the
             government
             of
             Trade
             and
             Comerce
             belonging
             to
             this
             Kingdome
             ,
             as
             other
             Princes
             and
             States
             have
             within
             their
             Dominions
             ;
             he
             must
             of
             necessity
             have
             the
             like
             absolute
             power
             as
             they
             all
             have
             to
             lay
             Impositions
             upon
             Merchandizes
             imported
             and
             exported
             ,
             otherwise
             he
             cannot
             possible
             hold
             the
             ballance
             of
             Trade
             upright
             ,
             or
             perserve
             an
             equality
             of
             Traffique
             between
             his
             own
             Subjects
             and
             the
             Subjects
             of
             Forein
             Princes
             ,
             and
             consequently
             it
             will
             lye
             in
             the
             power
             of
             our
             Neighbours
             to
             drain
             
             and
             draw
             away
             all
             our
             wealth
             in
             a
             short
             time
             ,
             or
             else
             to
             overthrow
             all
             Trade
             and
             Comerce
             between
             us
             and
             them
             at
             their
             pleasure
             ,
             and
             we
             shall
             have
             no
             means
             to
             encounter
             or
             avoid
             the
             mischief
             ;
             for
             their
             Princes
             ,
             having
             sole
             power
             to
             impose
             ,
             will
             have
             the
             sole
             making
             and
             managing
             of
             the
             Market
             between
             their
             Subjects
             and
             us
             ,
             and
             consequently
             may
             set
             what
             price
             they
             please
             upon
             all
             Merchandizes
             ,
             enforcing
             us
             to
             sell
             our
             Commodities
             cheap
             ,
             and
             buy
             their
             Commodities
             dear
             ,
             onely
             by
             this
             advantage
             of
             laying
             Impositions
             .
          
           
             And
             therefore
             the
             King
             of
             
               England
            
             must
             of
             necessity
             have
             the
             same
             absolute
             power
             to
             lay
             Impositions
             upon
             Merchādizes
             ,
             as
             other
             Princes
             have
             ,
             as
             well
             ,
             
               ut
               evitetur
               absurdum
               ,
            
             as
             to
             prevent
             the
             ruin
             of
             the
             Common-wealth
             ,
             by
             the
             equall
             ballancing
             of
             Trade
             &
             Comerce
             between
             his
             Subjects
             and
             the
             Subjects
             of
             Forein
             Princes
             .
             Upon
             this
             reason
             when
             the
             Duke
             of
             
               Venice
               ,
            
             in
             the
             time
             of
             
               Q.
               Eliz.
            
             as
             is
             before
             expressed
             ,
             had
             laid
             an
             Imposition
             of
             one
             Ducket
             upon
             a
             
               100
               li.
            
             weight
             of
             Currans
             carried
             out
             of
             his
             Dominions
             by
             any
             English
             Merchant
             ,
             the
             Queen
             by
             speciall
             Patent
             in
             the
             twelfth
             year
             of
             ●●e
             
             Reign
             ,
             did
             enable
             the
             Merchants
             which
             did
             Trade
             into
             the
             
               Levant
               ,
            
             to
             levie
             five
             shillings
             and
             six
             pence
             upon
             every
             
               100
               livre.
            
             weight
             of
             Currans
             brought
             into
             
               England
            
             by
             any
             Merchant
             Stranger
             .
             Upon
             the
             like
             reason
             ,
             when
             in
             the
             time
             of
             King
             
               Hen.
               8.
            
             
             the
             Emperor
             and
             the
             
               Freneh
            
             King
             had
             raised
             the
             valuation
             of
             their
             monies
             both
             so
             high
             ,
             as
             there
             grew
             not
             only
             an
             inequality
             of
             Trade
             between
             their
             Subjects
             ,
             and
             the
             Subjects
             of
             
               England
               ,
            
             but
             our
             monies
             standing
             at
             their
             former
             values
             ,
             were
             carried
             out
             of
             the
             Realm
             in
             great
             quantities
             ;
             The
             King
             in
             the
             24
             year
             of
             his
             Reign
             granted
             a
             Commission
             unto
             Cadinall
             
               Woolsey
            
             to
             enhance
             the
             values
             of
             
               English
            
             monies
             likewise
             ,
             by
             that
             means
             to
             set
             ballance
             of
             trade
             even
             again
             ,
             and
             to
             keep
             our
             monies
             within
             the
             Realm
             .
          
           
             Upon
             the
             same
             reason
             of
             State
             ,
             when
             the
             King
             of
             
               Spain
            
             that
             now
             is
             ,
             in
             the
             year
             1614.
             
             had
             laid
             an
             Imposition
             of
             thirty
             upon
             the
             hundred
             on
             all
             Merchandizes
             imported
             and
             exported
             by
             Strangers
             ;
             the
             
               French
            
             King
             
               Hen.
               4.
            
             was
             quickly
             sensible
             of
             it
             ,
             and
             did
             forthwith
             impose
             the
             like
             in
             his
             Kingdom
             ;
             then
             it
             followed
             of
             necessity
             that
             other
             Nations
             should
             follow
             and
             imitate
             them
             ,
             whereby
             it
             came
             
             to
             passe
             that
             Comerce
             of
             Merchants
             generally
             throughout
             
               Christendome
               ,
            
             began
             to
             decay
             ,
             which
             being
             perceived
             by
             these
             two
             great
             Princes
             ,
             they
             agreed
             to
             take
             away
             those
             excessive
             Impositions
             ,
             upon
             severall
             Treaties
             between
             them
             and
             the
             
               Italians
               ,
            
             and
             after
             between
             them
             and
             the
             
               English
               ,
            
             and
             the
             
               Dutch
               .
            
          
           
             Briefly
             we
             find
             examples
             in
             all
             ages
             ,
             that
             whensoever
             by
             reason
             of
             Warre
             ,
             or
             for
             any
             other
             cause
             ,
             any
             Forein
             Prince
             gave
             the
             least
             impediment
             to
             Merchants
             in
             their
             Trade
             ,
             our
             Princes
             gave
             the
             like
             entertainment
             to
             their
             Merchants
             again
             ;
             This
             is
             declared
             in
             
               Magna
               Charta
               ,
               cap.
               30.
            
             
             where
             it
             is
             plainly
             expressed
             what
             entertainment
             the
             Merchants
             of
             all
             Nations
             should
             expect
             in
             
               England
               ,
               Habeant
               salvum
               &
               securum
               conductum
            
             (
             saith
             the
             Charter
             )
             
               Praeterquam
               in
               tempore
               guerrae
               &
               si
               f●●rint
               de
               terra
               contra
               nos
               guerrina
               ,
            
             then
             as
             our
             Merchants
             are
             used
             with
             them
             ,
             so
             shall
             their
             Merchants
             be
             used
             with
             us
             ,
             
               46
               Edw.
               3.
               
            
             
             The
             Countesse
             of
             
               Flanders
            
             having
             arrested
             the
             goods
             of
             the
             
               English
            
             Merchants
             there
             ,
             the
             King
             in
             recompence
             of
             their
             losses
             ,
             granted
             unto
             them
             all
             the
             goods
             of
             the
             
               Flemings
            
             in
             
               England
               ,
            
             whereof
             there
             is
             a
             notable
             Record
             mentioned
             before
             ,
             
             
               1
               Edw.
               3.
            
             
             
               pat
               .
               m.
               19.
               in
               Arch.
               Turris
               .
            
             There
             are
             many
             other
             examples
             of
             mutuall
             embarments
             of
             Trade
             between
             the
             
               Flemings
            
             &
             us
             ,
             and
             also
             between
             us
             and
             the
             
               French
            
             men
             during
             our
             Wars
             with
             
               France
               ,
            
             which
             I
             omit
             ;
             I
             will
             recite
             onely
             one
             president
             in
             the
             40
             year
             of
             Queen
             
               Elizabeth
               ,
            
             
             at
             which
             times
             the
             Merchants
             of
             the
             
               Haunce
            
             Towns
             having
             by
             sinister
             information
             procured
             the
             Emperour
             to
             banish
             our
             
               English
            
             Merchants
             out
             of
             the
             Empire
             ;
             the
             Queen
             by
             her
             speciall
             Commission
             ,
             did
             authorize
             the
             Mayor
             and
             Sheriffs
             of
             
               London
            
             to
             repair
             to
             the
             
               Still-yard
               ,
            
             being
             the
             Hostell
             of
             the
             
               Haunces
               ,
            
             to
             seize
             that
             House
             into
             her
             Majesties
             hands
             ,
             and
             there
             to
             give
             warning
             to
             the
             Merchants
             of
             the
             
               Haunce
            
             Towns
             to
             forbear
             Traffique
             with
             any
             of
             her
             Subjects
             in
             
               England
               ,
            
             and
             to
             depart
             the
             Realm
             upon
             that
             very
             day
             ,
             which
             was
             assigned
             to
             our
             Merchants
             to
             depart
             out
             of
             the
             Empire
             .
          
           
             Lastly
             ,
             for
             the
             ordering
             and
             government
             of
             Trade
             among
             our
             own
             Merchants
             in
             Forein
             Countries
             and
             at
             home
             ,
             our
             Kings
             by
             their
             Prerogatives
             have
             instituted
             divers
             Societies
             and
             Companies
             of
             Merchants
             ,
             as
             the
             Company
             of
             Merchant-Adventurers
             ,
             the
             
               Muscovia
            
             Company
             ,
             
             the
             
               Turkie
            
             Company
             ,
             the
             
               East
               India
            
             Company
             ,
             &c.
             all
             which
             are
             created
             ,
             upholden
             ,
             and
             ruled
             ,
             by
             the
             Kings
             Charter
             only
             ;
             whereupon
             I
             may
             conclude
             ,
             that
             the
             Kings
             of
             
               England
            
             having
             the
             same
             power
             in
             governing
             and
             ballancing
             Trade
             ,
             as
             other
             Princes
             have
             ,
             may
             justly
             execute
             the
             same
             power
             ,
             as
             well
             by
             laying
             Impositions
             upon
             Merchandizes
             ,
             as
             by
             the
             other
             means
             which
             are
             before
             expressed
             .
          
        
         
           
             CHAP.
             XXII
             .
          
           
             
               Of
               the
               several
               Objections
               that
               are
               made
               against
               the
               Kings
               Prerogative
               in
               laying
               Impositions
               upon
               Merchandizes
               ,
               and
               the
               several
               Answers
               thereunto
               .
            
          
           
             THE
             first
             Objection
             
             touching
             the
             property
             which
             all
             free
             Subjects
             have
             in
             their
             goods
             .
          
           
             First
             ,
             it
             is
             objected
             ,
             that
             under
             a
             Royal
             Monarchy
             where
             the
             Prince
             doth
             govern
             by
             a
             positive
             Law
             ,
             the
             Subjects
             have
             a
             property
             in
             their
             Goods
             ,
             and
             inheritance
             in
             their
             Lands
             ;
             
               Ad
               Reges
               potestas
               
               omnium
               pertinet
               and
               singulos
               proprietas
               ,
            
             So
             as
             the
             King
             hath
             no
             such
             Prerogative
             ,
             say
             they
             ,
             whereby
             he
             may
             take
             away
             the
             Lands
             or
             Goods
             of
             a
             Subject
             without
             his
             consent
             ,
             unless
             it
             be
             in
             a
             case
             of
             Forfeiture
             .
          
           
             And
             therefore
             though
             
               Samuel
            
             foretold
             the
             people
             when
             they
             desired
             a
             King
             ,
             
               Hoc
               erit
               Ius
               Regis
               ,
               tollere
               agros
               vestros
               ,
               &
               vineas
               ,
               &
               oliveta
               ,
               &
               d●re
               servis
               suis
               :
            
             Yet
             
               Ahab
               ,
            
             though
             he
             were
             a
             wicked
             King
             ,
             did
             not
             claim
             that
             Pretogative
             when
             he
             coveted
             
               Naboths
            
             Vineyard
             ,
             neither
             did
             he
             enter
             into
             it
             untill
             
               Naboth
            
             by
             false
             witnesses
             was
             condemned
             and
             stoned
             to
             death
             for
             blasphemy
             ,
             and
             then
             he
             took
             it
             for
             a
             lawfull
             Escheat
             ;
             but
             when
             the
             King
             doth
             lay
             an
             Imposition
             upon
             Merchandizes
             without
             the
             consent
             of
             the
             Merchants
             ,
             and
             doth
             cause
             the
             Officers
             of
             his
             Customes
             to
             take
             and
             levie
             the
             same
             ;
             it
             seems
             say
             they
             ,
             they
             take
             away
             the
             goods
             of
             the
             Subject
             without
             his
             consent
             ,
             and
             without
             cause
             of
             forfeiture
             ,
             which
             is
             not
             warranted
             either
             by
             Law
             of
             Nations
             ,
             which
             brought
             in
             property
             ,
             nor
             by
             the
             Law
             of
             the
             Land
             ,
             which
             doth
             maintain
             property
             .
          
        
         
         
           
             CHAP.
             XXIII
             .
          
           
             
               The
               Answer
               to
               the
               first
               Objection
               .
            
          
           
             TO
             this
             Objection
             we
             answer
             ,
             
             That
             the
             King
             doth
             not
             take
             the
             Land
             or
             Goods
             of
             any
             without
             his
             consent
             ;
             but
             here
             we
             must
             distinguish
             ,
             there
             is
             a
             particular
             and
             expresse
             consent
             ,
             and
             there
             is
             an
             implicit
             and
             general
             consent
             ,
             when
             a
             man
             doth
             give
             his
             Goods
             ,
             or
             surrender
             his
             Lands
             to
             the
             King
             by
             deed
             enrolled
             ,
             or
             when
             in
             Parliament
             which
             representeth
             the
             body
             of
             the
             whole
             Realm
             ,
             and
             wherein
             every
             man
             doth
             give
             his
             consent
             ,
             either
             by
             himself
             ,
             or
             his
             Deputy
             .
             A
             subsidy
             is
             granted
             to
             the
             King
             ,
             there
             is
             an
             expresse
             consent
             ;
             but
             when
             subjects
             who
             live
             under
             a
             Royall
             Monarchy
             ,
             do
             submit
             themselves
             to
             the
             obedience
             of
             that
             Law
             of
             that
             Monarchy
             ,
             whatsoever
             the
             Law
             doth
             give
             to
             that
             Monarch
             ,
             the
             subjects
             who
             take
             the
             benefit
             of
             the
             Law
             in
             other
             things
             ,
             and
             doe
             live
             under
             the
             protection
             of
             the
             Law
             ,
             doe
             agree
             to
             that
             which
             the
             Law
             gives
             by
             an
             implicit
             
             and
             general
             consent
             ,
             and
             therefore
             there
             are
             many
             cases
             where
             the
             King
             doth
             lawfully
             take
             the
             goods
             of
             a
             Subject
             without
             his
             particular
             &
             expresse
             consent
             ,
             though
             the
             same
             be
             not
             forfeited
             for
             any
             crime
             or
             contempt
             of
             the
             Owner
             .
          
           
             If
             a
             Theef
             do
             steal
             my
             goods
             and
             waive
             them
             ,
             the
             King
             may
             lawfully
             take
             those
             goods
             without
             my
             particular
             consent
             ,
             and
             without
             any
             fault
             or
             forfeiture
             of
             mine
             ;
             but
             in
             regard
             I
             live
             under
             the
             Law
             ,
             which
             giveth
             such
             wayves
             unto
             the
             King
             ,
             he
             taketh
             not
             the
             same
             without
             my
             implicit
             consent
             ;
             so
             if
             my
             Horse
             kill
             a
             man
             ,
             the
             King
             may
             lawfully
             take
             my
             Horse
             a
             Deodand
             without
             my
             fault
             or
             consent
             in
             particular
             ;
             but
             in
             that
             I
             have
             consented
             to
             the
             obedience
             of
             the
             Law
             which
             giveth
             all
             Deodands
             to
             the
             King
             ,
             he
             taketh
             not
             my
             Horse
             without
             the
             implicit
             or
             generall
             consent
             of
             mine
             .
          
           
             In
             the
             time
             of
             War
             the
             King
             doth
             take
             my
             House
             to
             build
             a
             Fort
             ,
             or
             doth
             build
             a
             Bulwark
             upon
             my
             Land
             ,
             he
             doth
             me
             no
             wrong
             ,
             though
             he
             doth
             it
             without
             my
             consent
             ,
             for
             my
             implicit
             consent
             doth
             concur
             with
             it
             ,
             for
             that
             I
             being
             a
             member
             of
             the
             Common-weal
             ,
             cannot
             but
             consent
             to
             all
             Acts
             of
             necessity
             tending
             to
             
             the
             preservation
             of
             the
             Common-wealth
             .
          
           
             So
             if
             the
             King
             doth
             grant
             me
             a
             Fair
             or
             Market
             ,
             with
             a
             power
             to
             take
             a
             reasonable
             Toll
             ;
             If
             a
             man
             will
             buy
             any
             thing
             in
             my
             Fair
             or
             Market
             ,
             I
             may
             take
             Toll
             of
             him
             ,
             though
             I
             give
             no
             particular
             consent
             to
             the
             grant
             ,
             because
             the
             Law
             whereunto
             every
             Subject
             doth
             give
             consent
             and
             obedience
             ,
             doth
             warrant
             the
             taking
             of
             Toll
             in
             every
             Market
             and
             Fair
             granted
             by
             the
             King
             .
          
           
             So
             it
             is
             in
             case
             of
             Impositions
             ,
             the
             Law
             doth
             warrant
             the
             Kings
             Prerogative
             to
             impose
             upon
             Merchandizes
             ,
             as
             is
             before
             declared
             ,
             and
             therefore
             though
             the
             Merchants
             give
             not
             their
             particular
             consents
             to
             the
             laying
             of
             these
             Impositions
             ,
             yet
             in
             regard
             they
             live
             under
             the
             protection
             and
             obedience
             of
             the
             Law
             ,
             which
             submits
             it self
             to
             this
             Prerogative
             ,
             and
             allow
             and
             approve
             the
             same
             ;
             it
             cannot
             be
             said
             that
             the
             King
             doth
             take
             these
             Impositions
             of
             them
             without
             their
             implicit
             and
             generall
             consent
             .
          
        
         
         
           
             CHAP.
             XXIV
             .
          
           
             
               Of
               the
               second
               Objection
               touching
               the
               uncertainty
               and
               unbounded
               largenesse
               of
               this
               Prerogative
               .
            
          
           
             THe
             second
             Objection
             
             is
             against
             the
             uncertainty
             and
             unlimited
             largenesse
             of
             this
             Prerogative
             ,
             for
             in
             other
             cases
             they
             say
             ,
             where
             the
             King
             taketh
             the
             goods
             of
             a
             Subject
             by
             his
             Prerogative
             ,
             there
             is
             a
             certainty
             what
             he
             may
             take
             ,
             as
             in
             the
             case
             of
             wayvs
             ,
             he
             may
             take
             onely
             the
             goods
             wayved
             ,
             and
             no
             more
             .
          
           
             In
             case
             of
             Deodand
             ,
             he
             may
             take
             only
             the
             thing
             that
             causeth
             the
             death
             of
             a
             man
             ,
             and
             no
             more
             .
          
           
             In
             case
             of
             wreck
             ,
             he
             may
             take
             only
             the
             goods
             that
             are
             wreckt
             ,
             and
             no
             more
             .
          
           
             In
             case
             of
             Wardship
             of
             Land
             holden
             in
             Capite
             ,
             the
             King
             may
             take
             the
             profits
             of
             the
             Land
             ,
             till
             the
             Heir
             sues
             his
             Livery
             ,
             and
             no
             longer
             .
          
           
             In
             case
             where
             the
             King
             hath
             
               Annum
               Diem
               &
               vastum
               ,
            
             hee
             may
             retain
             of
             the
             Lands
             of
             the
             Felon
             attainted
             ,
             which
             are
             
             holden
             of
             other
             Lords
             for
             a
             year
             and
             a
             day
             ,
             and
             no
             longer
             .
          
           
             In
             all
             these
             cases
             there
             is
             a
             certainty
             what
             the
             King
             shall
             have
             ,
             and
             how
             long
             he
             shall
             have
             it
             ;
             but
             in
             case
             of
             Imposition
             ,
             the
             quantity
             or
             rate
             thereof
             high
             or
             low
             ,
             is
             left
             to
             the
             Kings
             own
             will
             or
             pleasure
             ;
             so
             as
             if
             he
             should
             be
             mis-led
             ,
             as
             many
             Princes
             have
             been
             ,
             with
             evill
             Counsell
             ,
             he
             might
             with
             his
             Prerogative
             doe
             hurt
             the
             Cōmon-wealth
             ,
             by
             laying
             too
             heavy
             burthens
             upon
             his
             Subjects
             ;
             for
             though
             hetherto
             his
             Majesty
             hath
             imposed
             upon
             Merchandizes
             only
             twelve
             pence
             on
             the
             pound
             over
             and
             above
             the
             ancient
             Custome
             and
             the
             Subsidies
             granted
             by
             Parliament
             ,
             yet
             this
             Prerogative
             being
             unlimitted
             ,
             he
             may
             hereafter
             (
             say
             they
             )
             set
             five
             shillings
             or
             ten
             shillings
             upon
             the
             pound
             ,
             if
             it
             please
             him
             ,
             and
             so
             undoe
             the
             Merchants
             ,
             or
             discontinue
             and
             overthrow
             all
             Trade
             and
             Comerce
             .
          
        
         
         
           
             CHAP.
             XXV
             .
          
           
             
               The
               Answer
               to
               the
               second
               Objection
               .
            
          
           
             TO
             this
             Objection
             the
             fittest
             answer
             is
             ,
             
             That
             it
             is
             an
             undutifull
             Objection
             ,
             and
             withall
             too
             busie
             ,
             too
             bold
             ,
             and
             too
             presumptuous
             ;
             for
             it
             is
             an
             Objection
             against
             the
             wisdome
             of
             the
             King
             in
             point
             of
             Government
             ,
             and
             against
             the
             bounty
             and
             goodnesse
             of
             the
             King
             towards
             his
             people
             :
             the
             Text
             of
             the
             Civil
             Law
             cited
             before
             ,
             doth
             call
             it
             a
             kind
             of
             Sacrilege
             to
             dispute
             of
             Princes
             Judgments
             or
             Actions
             ;
             and
             for
             the
             Law
             of
             
               England
               ,
            
             sure
             I
             am
             ,
             that
             it
             trusteth
             the
             Wisdome
             and
             Judgement
             of
             the
             King
             alone
             in
             matter
             of
             greater
             importance
             than
             in
             laying
             of
             Impositions
             ,
             or
             setting
             of
             rates
             upon
             Merchandizes
             .
          
           
             Is
             not
             the
             Kings
             wisdome
             only
             trusted
             with
             the
             absolute
             power
             of
             making
             War
             and
             Peace
             with
             forein
             Nations
             ,
             whereby
             hee
             may
             when
             hee
             pleaseth
             interrupt
             all
             Trade
             of
             Merchandizing
             ?
             Is
             not
             the
             King
             alone
             trusted
             with
             the
             like
             power
             of
             making
             and
             decrying
             of
             monies
             which
             
             is
             the
             onely
             
               Medium
            
             of
             all
             Traffique
             and
             Comerce
             ?
             Is
             not
             he
             solely
             and
             without
             limitation
             trusted
             with
             the
             nomination
             and
             creation
             of
             all
             Judges
             and
             Magistrates
             ,
             who
             are
             to
             give
             Judgement
             in
             cases
             concerning
             the
             Liberties
             ,
             Lands
             ,
             and
             Lives
             of
             all
             his
             Subjects
             ?
             hath
             not
             he
             a
             sole
             and
             unlimited
             power
             to
             pardon
             all
             Malefactors
             ,
             to
             dispence
             with
             all
             penal
             Laws
             ,
             to
             distribute
             all
             Honours
             ,
             to
             grant
             to
             whom
             he
             pleaseth
             Protections
             ,
             Denizations
             ,
             Exemptions
             ,
             not
             only
             from
             Juries
             ,
             but
             from
             all
             other
             Services
             of
             the
             Common-wealth
             ?
             and
             yet
             these
             Prerogatives
             if
             the
             same
             be
             not
             used
             with
             judgement
             and
             moderation
             ,
             may
             prove
             prejudicial
             to
             the
             Common-wealth
             ,
             as
             well
             as
             the
             laying
             of
             Impositions
             upon
             Merchandizes
             .
             Shall
             therefore
             any
             undutifull
             Subject
             make
             these
             conclusions
             ?
             The
             King
             may
             have
             a
             continuall
             Warre
             with
             Forein
             States
             and
             Princes
             ,
             and
             so
             continually
             corrupt
             all
             courses
             of
             Merchandizes
             ,
             
               Ergo
               ,
            
             he
             shall
             lose
             his
             Prerogative
             of
             making
             War
             or
             Peace
             ,
             when
             himself
             in
             wisdom
             shall
             think
             fit
             so
             to
             do
             .
             The
             King
             may
             decry
             all
             monies
             of
             Gold
             and
             Silver
             in
             Bullion
             ,
             and
             establish
             a
             Standard
             of
             Copper
             or
             Leather
             ;
             therefore
             he
             shall
             
             coyn
             no
             monies
             without
             the
             consent
             of
             the
             people
             .
             The
             King
             may
             if
             he
             please
             ,
             break
             up
             all
             the
             Prisons
             ,
             pardon
             all
             Offenders
             ,
             and
             so
             give
             impunity
             to
             all
             Offenders
             ;
             
               Ergo
               ,
            
             he
             shall
             pardon
             no
             Malefactors
             by
             Act
             of
             Parliament
             .
             These
             are
             found
             absurd
             ,
             or
             rather
             wicked
             conclusions
             ,
             
               à
               posse
               adesse
            
             is
             an
             absurd
             Argument
             ,
             but
             
               à
               posse
               &
               nolle
               nobile
               est
               .
            
             The
             Law
             presumes
             the
             King
             to
             be
             so
             noble
             and
             so
             wise
             ,
             that
             all
             Acts
             done
             by
             him
             ,
             or
             in
             his
             Name
             during
             his
             Infancy
             ,
             are
             of
             as
             good
             force
             in
             Law
             ,
             as
             if
             the
             Law
             had
             bin
             done
             in
             his
             ripest
             years
             .
             The
             Law
             presumes
             the
             King
             to
             be
             most
             just
             in
             all
             his
             actions
             ,
             &
             therfore
             it
             hath
             these
             rules
             ;
             the
             Prerogative
             of
             the
             King
             can
             do
             no
             wrong
             ,
             the
             King
             can
             commit
             no
             disseisin
             ,
             the
             King
             can
             make
             no
             discontinuance
             ,
             and
             the
             like
             ,
             
               Cor
               Regis
               in
               manu
               Domini
               ,
            
             saith
             
               Solomon
               ,
            
             
             and
             therefore
             the
             Law
             presumeth
             ,
             that
             God
             will
             ever
             direct
             him
             to
             that
             which
             is
             just
             ;
             is
             it
             not
             then
             too
             much
             curiosity
             to
             instruct
             where
             the
             Law
             trusteth
             ,
             and
             too
             much
             presumption
             to
             presume
             against
             the
             presūption
             of
             the
             Law
             ,
             especially
             in
             the
             time
             of
             such
             a
             King
             who
             is
             the
             wisest
             ,
             and
             justest
             ,
             the
             most
             religious
             ,
             and
             most
             gracious
             King
             that
             ever
             
             reigned
             in
             
               Europe
               ?
            
             Can
             any
             man
             imagine
             that
             so
             great
             a
             Master
             in
             the
             Art
             of
             Government
             ,
             the
             most
             prudent
             King
             of
             
               great
               Britain
               &
               Ireland
               ,
            
             the
             two
             greatest
             Islands
             in
             this
             Hemisphere
             ,
             and
             seated
             most
             commodiously
             for
             Traffique
             ,
             which
             all
             the
             World
             knowing
             that
             the
             duties
             paid
             unto
             him
             for
             Merchandizes
             ,
             are
             the
             most
             certain
             ,
             settled
             ,
             and
             assured
             ,
             and
             withall
             the
             best
             and
             richest
             part
             of
             his
             Revenues
             at
             this
             day
             ,
             will
             lay
             heavier
             Impositions
             upon
             Merchandizes
             than
             they
             are
             able
             to
             bear
             ,
             and
             so
             destroy
             all
             Trade
             and
             Comerce
             ?
             When
             King
             
               Hen.
               7.
            
             
             his
             most
             prudent
             Predecessor
             ,
             did
             lend
             money
             to
             his
             Merchants
             to
             maintain
             Traffique
             ,
             will
             he
             for
             a
             little
             extraordinary
             profit
             for
             the
             time
             present
             ,
             pluck
             up
             at
             once
             the
             Root
             ,
             and
             dry
             up
             the
             Fountain
             of
             this
             Revenue
             for
             the
             time
             to
             come
             ?
             it
             is
             unprobable
             ,
             it
             is
             uncredible
             ,
             it
             is
             impossible
             ;
             But
             suppose
             that
             this
             is
             credible
             ,
             that
             the
             King
             should
             lay
             such
             heavy
             Impositions
             upon
             Merchandizes
             ,
             as
             all
             Merchants
             should
             refuse
             to
             Traffique
             ,
             who
             should
             lose
             most
             by
             that
             ,
             the
             King
             or
             his
             people
             ?
             assuredly
             hee
             should
             suffer
             an
             exceeding
             great
             losse
             in
             his
             Customes
             ;
             but
             we
             that
             are
             of
             the
             Commons
             should
             save
             by
             it
             ,
             having
             
             all
             things
             necessary
             for
             the
             Life
             of
             man
             within
             the
             Land
             ,
             which
             is
             .
          
           
             Terra
             suis
             content
             a
             bonis
             ,
             
             non
             indiga
             mercis
             .
          
           
             We
             should
             spare
             these
             vain
             expences
             which
             we
             now
             make
             upon
             Forein
             Commodities
             ,
             namely
             Cloath
             of
             Gold
             ,
             Cloath
             of
             Silver
             ,
             Silks
             ,
             Spices
             ,
             Wines
             ,
             and
             many
             other
             superfluous
             &
             unnecessary
             things
             ,
             which
             doe
             nourish
             Pride
             ,
             and
             Luxury
             ,
             Riot
             and
             Excesse
             amongst
             us
             ,
             which
             corrupt
             our
             manners
             ,
             and
             in
             the
             end
             will
             be
             the
             ruin
             of
             the
             Common-wealth
             ;
             I
             may
             therefore
             conclude
             this
             point
             ,
             That
             since
             the
             King
             hath
             power
             by
             his
             Prerogative
             to
             lay
             Impositions
             upon
             Merchandizes
             ,
             he
             hath
             also
             a
             power
             coincident
             thereunto
             ,
             to
             limit
             and
             rate
             the
             proportion
             and
             quantity
             thereof
             ,
             according
             to
             his
             own
             wisdom
             &
             reasons
             of
             State
             ,
             from
             time
             to
             time
             ;
             for
             either
             the
             King
             must
             set
             down
             the
             rates
             ,
             or
             the
             people
             ,
             or
             the
             King
             and
             people
             both
             by
             Act
             of
             Parliament
             ;
             but
             if
             the
             people
             will
             not
             assent
             or
             agree
             to
             a
             reasonable
             limitation
             thereof
             in
             Parliament
             ,
             shall
             the
             King
             lose
             those
             Royal
             Duties
             which
             all
             other
             Kings
             do
             take
             by
             vertue
             of
             their
             Prerogative
             ?
             it
             were
             most
             unreasonable
             ,
             absurd
             ,
             and
             unjust
             .
          
        
         
         
           
             CHAP.
             XXVI
             .
          
           
             
               The
               third
               Objection
               ,
               touching
               the
               repeal
               of
               
                 Charta
                 Mercatoria
              
               by
               King
               
                 Edw.
                 2.
              
               and
               the
               remitall
               of
               divers
               Impositions
               by
               King
               
                 Edw.
                 3.
              
               upon
               sundry
               Petitions
               of
               the
               Commons
               in
               Parliament
               ,
               and
               the
               punishment
               of
               divers
               Persons
               in
               Parliament
               for
               procurtng
               Impositions
               to
               be
               set
               up
               .
            
          
           
             THirdly
             ,
             it
             is
             objected
             ,
             
             that
             this
             Prerogative
             of
             laying
             Impositions
             upon
             Merchandizes
             ,
             hath
             never
             at
             any
             time
             been
             set
             a
             foot
             and
             used
             by
             any
             of
             His
             Majesties
             Progenitors
             ,
             but
             it
             hath
             been
             contradicted
             ,
             and
             upon
             Petitions
             of
             the
             people
             ,
             such
             Impositions
             have
             been
             suspended
             ,
             remitted
             ,
             and
             abolished
             ;
             first
             ,
             King
             
               Edw.
               1.
            
             say
             they
             ,
             in
             the
             31
             year
             of
             his
             Reign
             ,
             did
             by
             his
             Charter
             called
             
               Mercatoria
               ,
            
             spoken
             of
             before
             ,
             lay
             the
             Imposition
             of
             three
             pence
             in
             the
             pound
             ,
             now
             called
             the
             petty-Custome
             ,
             with
             an
             increase
             of
             other
             duties
             upon
             Merchandizes
             imported
             by
             Strangers
             ;
             howbeit
             ,
             this
             Imposition
             stood
             not
             above
             seven
             
             years
             by
             vertue
             of
             that
             Charter
             ,
             but
             it
             was
             discontinued
             and
             quite
             taken
             way
             ;
             for
             in
             
               3
               Edw.
               2.
            
             the
             Charter
             it self
             was
             suspended
             by
             the
             Kings
             Writ
             ,
             
               3
               Edw.
               2.
            
             
             
               Claus.
               m
               23.
               in
               Arch.
               Turris
               ,
            
             and
             
               5
               Edw.
               2.
            
             
             it
             was
             utterly
             repealed
             by
             a
             solemn
             Ordinance
             of
             State
             ,
             
               Rot.
               
               Ordina
               .
               5
               Edw.
               2.
               in
               Arch.
               Turris
               .
            
          
           
             Secondly
             ,
             King
             
               Edw.
               3.
            
             did
             at
             sundry
             times
             during
             his
             Reign
             ,
             lay
             severall
             Impositions
             upon
             Woolls
             and
             other
             Staple
             commodities
             ,
             sometimes
             fourty
             shillings
             ,
             sometimes
             fifty
             shillings
             upon
             a
             Sack
             of
             Wooll
             ,
             and
             other
             the
             like
             rates
             upon
             Merchandizes
             ,
             yet
             could
             be
             never
             fix
             nor
             settle
             the
             same
             upon
             His
             Subjects
             ;
             for
             upon
             sundry
             Petitions
             of
             the
             Commons
             in
             Parliament
             ,
             who
             found
             themselves
             grieved
             therewith
             ,
             these
             Impositions
             were
             from
             time
             to
             time
             remitted
             ,
             
               13
               Edw.
               3.
            
             
             
               Rot.
               Parliament
               .
               in
               Arch.
               Turris
               .
               14
               Edw.
               3.
            
             
             
               cap.
               21.
               17
               Edw.
               3.
               Rot.
               Parliament
               .
               numb.
               12.
               12
               Ed.
               3.
            
             
             
               Rot.
               Parliament
               .
               numb.
               11.
               
            
          
           
             Again
             ,
             the
             same
             King
             many
             times
             did
             shut
             up
             all
             the
             Ports
             ,
             and
             thereby
             restrained
             the
             exportation
             of
             Merchandizes
             ;
             then
             would
             he
             take
             great
             sums
             of
             Money
             to
             grant
             licences
             to
             transport
             ,
             which
             
             proved
             as
             great
             a
             charge
             as
             Impositions
             ,
             and
             yet
             upon
             sundry
             complaints
             of
             the
             people
             in
             Parliament
             ,
             the
             Sea
             was
             set
             open
             ,
             and
             liberty
             of
             Trade
             permitted
             again
             ,
             
               Stat.
               18
               Edw.
               3.
            
             
             
               cap.
               3.
               22
               Edw.
               3.
            
             
             
               Rot.
               Parliament
               .
               numb.
               8.
               in
               Arch.
               Turris
               .
               13
               Edw.
               3.
            
             
             
               in
               Sccio
               Angliae
               .
               Rot.
               12.
               13
               Edw.
               3.
               Rot.
               Parliament
               .
               numb.
               5.
               in
               Arch.
               Turris
               .
            
          
           
             Lastly
             ,
             in
             the
             last
             year
             of
             this
             Kings
             Reign
             ,
             divers
             persons
             were
             accused
             and
             punished
             in
             Parliament
             ,
             for
             procuring
             new
             Impositions
             to
             bee
             set
             upon
             Merchandizes
             ,
             namely
             ,
             the
             Lord
             
               Latimer
               ,
            
             
             who
             albeit
             he
             were
             a
             Noble
             man
             ,
             and
             a
             Privy
             Counsellor
             to
             the
             King
             ,
             yet
             was
             he
             fined
             ,
             committed
             to
             the
             Mashalsee
             ,
             and
             put
             out
             of
             the
             Council
             ,
             
               50
               Edw.
               3.
               Rot.
               Parliament
               .
               nu
               .
               34
               in
               Arch.
               Turris
               .
               Richard
               Lions
            
             
             likewise
             ,
             a
             Citizen
             of
             
               London
               ,
            
             and
             Farmer
             of
             the
             Customes
             ,
             an
             Instrument
             of
             the
             L.
             
               Latimers
            
             in
             raising
             the
             new
             Impositions
             ,
             was
             fined
             ,
             ransomed
             ,
             and
             imprisoned
             ,
             and
             put
             from
             the
             Franchise
             of
             the
             Citie
             .
             50
             
               Edw.
               3.
               Rot.
               Parliament
               .
               numb.
               17.
               in
               Arch.
               Turris
               .
            
             And
             one
             
               Iohn
               Peachy
               ,
            
             
             who
             had
             gotten
             a
             Monoply
             of
             Sweet
             Wines
             ,
             by
             Letters
             Patents
             ,
             and
             by
             colour
             thereof
             had
             extorted
             three
             shillings
             and
             four
             pence
             out
             of
             every
             Pipe
             or
             Vessell
             of
             
             Wine
             vented
             by
             others
             ,
             was
             also
             fined
             and
             imprisoned
             ,
             and
             made
             satisfaction
             to
             the
             parties
             grieved
             ,
             
               50
               Edw.
               3.
               Rot.
               Parli
               .
               numb.
               33.
            
             
             and
             more
             than
             this
             ,
             a
             Bill
             was
             preferred
             by
             the
             Commons
             in
             this
             Parliament
             ,
             that
             such
             as
             should
             set
             new
             Impositions
             ,
             should
             have
             Judgement
             of
             life
             and
             member
             ,
             
               50
               Edw.
               3.
               Rot.
               Parliament
               .
               num
               .
               191.
               in
               Arch.
               Turris
               .
            
             
             These
             examples
             strook
             such
             a
             terrour
             at
             that
             time
             ,
             as
             from
             the
             time
             of
             King
             
               Edw.
               3.
            
             till
             the
             Reign
             of
             Queen
             
               Mary
               ,
            
             being
             a
             hundred
             and
             fifty
             years
             and
             upwards
             ,
             there
             was
             no
             man
             found
             that
             would
             advise
             the
             King
             of
             
               England
            
             to
             set
             or
             levie
             any
             Impositions
             upon
             Merchandizes
             by
             Prerogative
             ,
             and
             therefore
             we
             find
             no
             Imposition
             laid
             upō
             Merchandizes
             all
             that
             space
             of
             time
             ;
             Queen
             
               Mary
            
             indeed
             began
             to
             set
             on
             foot
             this
             Prerogative
             again
             ,
             and
             laid
             an
             Imposition
             of
             three
             shillings
             and
             eight
             pence
             upon
             every
             Cloth
             transported
             out
             of
             the
             Kingdome
             ;
             but
             what
             doth
             the
             Lord
             
               Dyer
            
             report
             ,
             
               1
               Eliz.
               f.
               165
               ?
            
             
             the
             Merchants
             of
             
               London
            
             (
             saith
             he
             )
             found
             themselves
             greatly
             grieved
             ,
             and
             made
             exclamation
             and
             sute
             to
             Queen
             
               Elizabeth
            
             to
             be
             disburthened
             of
             that
             Imposition
             ,
             because
             it
             was
             not
             granted
             by
             Parliament
             ,
             
             but
             assessed
             by
             Queen
             
               Mary
            
             her
             absolute
             power
             ;
             these
             frequent
             Petitions
             ,
             complaints
             ,
             and
             exclamations
             ,
             these
             suspensions
             and
             remitalls
             of
             Impositions
             ,
             are
             good
             arguments
             (
             say
             they
             )
             against
             the
             right
             of
             this
             Prerogative
             .
          
        
         
           
             CHAP.
             XXI
             .
          
           
             
               The
               Answer
               to
               the
               third
               Objection
               .
            
          
           
             THis
             Objection
             consisteth
             of
             several
             parts
             ,
             and
             shall
             recieve
             an
             Answer
             
             consisting
             of
             divers
             parts
             ;
             the
             first
             part
             of
             this
             answer
             ,
             King
             
               Edw.
               1.
            
             being
             a
             prudent
             and
             resolute
             Prince
             ,
             did
             not
             onely
             impose
             the
             three
             pence
             upon
             the
             pound
             upon
             Merchant
             Strangers
             ,
             by
             his
             
               Charta
               Mercatoria
               ,
            
             but
             justified
             and
             maintained
             that
             Imposition
             during
             his
             life
             .
             True
             it
             is
             ,
             that
             after
             his
             death
             ,
             King
             
               Edw.
               2.
            
             it
             was
             repealed
             ,
             as
             is
             before
             objected
             ;
             but
             whose
             Act
             was
             this
             ?
             by
             whom
             was
             this
             Ordinance
             made
             ,
             which
             did
             repeal
             this
             Charter
             ?
             not
             by
             the
             King
             and
             his
             Parliament
             ,
             but
             by
             certain
             rebellious
             Barons
             ,
             who
             took
             upon
             them
             the
             Government
             of
             the
             
             Realm
             ,
             and
             called
             themselves
             Ordainers
             ;
             Wherefore
             King
             
               Edw.
               3.
            
             in
             the
             first
             year
             of
             his
             Reign
             ,
             did
             revive
             that
             Charter
             ,
             and
             commanded
             by
             his
             Writ
             that
             the
             Customes
             and
             Duties
             therein
             contained
             should
             be
             collected
             and
             levied
             to
             his
             use
             ;
             He
             maketh
             mention
             of
             these
             Ordinances
             of
             
               5
               Edw.
               2.
            
             
             and
             saith
             the
             same
             were
             made
             
               per
               quosdā
               Magnates
               ,
            
             and
             not
             by
             the
             King
             ,
             as
             appeareth
             by
             the
             Record
             ,
             
               1
               Edw.
               3.
               Rot.
               fin
               .
               memb.
               30.
               in
               Arch.
               Turris
               ,
            
             which
             in
             another
             place
             before
             I
             have
             recited
             ,
             by
             which
             Record
             it
             likewise
             appeareth
             ,
             that
             those
             Ordinances
             
               5
               Edw.
               2.
            
             were
             before
             that
             time
             repealed
             and
             made
             void
             ,
             and
             therefore
             that
             which
             was
             done
             in
             that
             time
             of
             that
             unfortunate
             Prince
             ,
             over-ruled
             by
             his
             unruly
             Barons
             ,
             is
             not
             to
             be
             urged
             and
             used
             as
             an
             example
             ,
             especially
             since
             they
             that
             urge
             this
             repeal
             of
             
               Charta
               Mercatoria
               ,
            
             might
             ,
             if
             they
             would
             find
             any
             thing
             which
             makes
             against
             their
             contradicting
             humour
             ,
             find
             in
             the
             said
             Roll
             of
             Ordinance
             ,
             made
             in
             
               5
               Edw.
               2.
            
             divers
             Arcles
             wherein
             those
             Ordainers
             did
             wrong
             and
             wound
             the
             Prerogative
             in
             matter
             of
             greater
             importance
             than
             in
             the
             repeal
             of
             that
             Charter
             ,
             for
             they
             might
             have
             found
             among
             the
             same
             Ordinances
             these
             things
             ordained
             .
          
           
           
             First
             ,
             that
             the
             King
             should
             not
             make
             gifts
             of
             Lands
             ,
             Rents
             ,
             Franhises
             ,
             Wards
             ,
             or
             Escheats
             ,
             without
             the
             consent
             of
             the
             Ordainers
             .
          
           
             Secondly
             ,
             that
             all
             gifts
             and
             grants
             formerly
             made
             by
             the
             King
             ,
             not
             only
             of
             Land
             and
             other
             things
             in
             
               England
               ,
            
             but
             in
             
               Gasconie
               ,
               Ireland
               ,
            
             and
             
               Scotland
               ,
            
             should
             be
             resumed
             and
             made
             void
             .
          
           
             Thirdly
             ,
             that
             the
             King
             should
             not
             depart
             out
             of
             the
             Realm
             ,
             nor
             make
             Warre
             ,
             without
             the
             assent
             of
             his
             Barons
             ,
             and
             of
             his
             Parliament
             .
          
           
             That
             because
             the
             King
             was
             misguided
             and
             counselled
             by
             evill
             Counsellers
             ,
             it
             was
             ordained
             ,
             that
             all
             his
             Counsel
             should
             be
             renewed
             ,
             and
             new
             Officers
             and
             Servants
             appointed
             for
             him
             .
          
           
             These
             traiterous
             Ordinances
             were
             made
             against
             the
             King
             at
             that
             time
             ,
             and
             therefore
             it
             is
             a
             shame
             that
             any
             part
             of
             these
             Ordinances
             should
             be
             made
             an
             argument
             against
             the
             right
             of
             the
             Crown
             in
             laying
             Impositions
             upon
             Merchandizes
             ;
             for
             with
             the
             same
             reasons
             they
             might
             argue
             the
             King
             had
             no
             right
             to
             grant
             his
             Lands
             ,
             Rents
             ,
             Wards
             ,
             or
             Escheats
             ,
             that
             he
             might
             not
             go
             out
             of
             the
             Realm
             ,
             nor
             make
             Warre
             ,
             nor
             choose
             his
             
             own
             Counsellers
             or
             Servants
             without
             an
             Act
             of
             Parliament
             ;
             and
             it
             is
             manifest
             ,
             that
             those
             factious
             Barons
             did
             cause
             the
             King
             to
             forego
             the
             said
             Impositions
             ,
             rather
             
               ad
               faciendum
               populum
               ,
            
             and
             to
             gratifie
             the
             Cōmons
             ,
             and
             to
             draw
             them
             to
             their
             party
             ,
             than
             for
             the
             good
             of
             the
             Cōmon-wealth
             ;
             for
             if
             they
             had
             been
             good
             Counsellers
             they
             would
             have
             done
             as
             the
             Senate
             of
             
               Rome
            
             did
             ,
             
             when
             
               Nero
            
             in
             a
             glorious
             humor
             to
             please
             the
             people
             ,
             would
             needs
             have
             discharged
             at
             once
             all
             Customes
             and
             Impositions
             ;
             the
             Senate
             gave
             him
             thanks
             for
             his
             favour
             towards
             the
             people
             ,
             but
             utterly
             diswaded
             him
             so
             to
             doe
             ;
             telling
             him
             ,
             that
             in
             so
             doing
             ,
             he
             would
             ruine
             the
             state
             of
             the
             Common-wealth
             ;
             for
             indeed
             no
             Common-wealth
             can
             stand
             without
             these
             duties
             ,
             they
             are
             
               Nervi
               ,
            
             they
             are
             
               succus
               &
               sanguis
               Reipublicae
               ,
            
             and
             therefore
             no
             Cōmon-wealth
             was
             ever
             without
             them
             ,
             but
             the
             imaginary
             Common-wealths
             of
             
               Plato
            
             and
             Sir
             
               Thomas
               More
               ,
            
             for
             they
             doe
             both
             agree
             ;
             for
             in
             the
             Common-wealths
             of
             which
             they
             dream
             ,
             there
             was
             nothing
             to
             be
             paid
             for
             Merchandizes
             exported
             and
             imported
             .
             But
             to
             return
             to
             King
             
               Edw.
               2.
            
             what
             followed
             upon
             the
             Repeal
             of
             
               Charta
               Mercatoria
               ,
            
             and
             the
             discharge
             of
             
             Impositions
             which
             King
             
               Edw.
               1.
            
             established
             ?
             was
             not
             that
             poor
             Prince
             King
             
               Edw.
               2.
            
             enforced
             to
             take
             up
             great
             sums
             of
             money
             of
             his
             Merchants
             ,
             by
             way
             of
             loan
             ,
             which
             he
             never
             repaid
             again
             ?
             11
             
               Edw.
               2.
               Rot.
               fin
               .
               m.
               12.
            
             whereby
             the
             Merchants
             received
             a
             greater
             detriment
             than
             if
             they
             had
             made
             a
             double
             payment
             of
             Customes
             and
             Impositions
             which
             the
             King
             had
             discharged
             ,
             and
             therefore
             the
             example
             of
             this
             weak
             Prince
             doth
             make
             but
             a
             weak
             argument
             against
             the
             right
             of
             the
             Crown
             ,
             in
             laying
             Impositions
             upon
             Merchandizes
             ;
             and
             here
             I
             think
             it
             fit
             to
             observe
             that
             they
             were
             all
             wise
             and
             worthy
             Princes
             which
             are
             spoken
             of
             in
             former
             ages
             ,
             to
             have
             laid
             Impositions
             upon
             Merchandizes
             ,
             namely
             
               Solomon
            
             in
             the
             Holy
             
               Land
               ,
            
             
             
               Iulius
               Caesar
            
             
             and
             
               Augustus
               Caesar
            
             
             in
             the
             Empire
             ,
             King
             
               Ed.
               1.
            
             
             and
             King
             
               Ed.
               3.
            
             
             in
             
               England
               ;
            
             but
             on
             the
             other
             part
             ,
             they
             which
             released
             all
             Customes
             and
             Impositions
             ,
             were
             but
             weak
             Princes
             ,
             and
             destroyed
             themselves
             and
             the
             Common-wealth
             wherein
             they
             lived
             ;
             namely
             
               Nero
            
             
             in
             the
             Empire
             of
             
               Rome
               ,
            
             King
             
               Edw.
               2.
            
             
             and
             King
             
               Rich.
               2.
            
             
             with
             us
             ;
             and
             truly
             by
             the
             rule
             of
             our
             Common
             Law
             ,
             the
             King
             cannot
             ,
             if
             he
             would
             ,
             release
             all
             Subsides
             and
             
             Aids
             of
             his
             Subjects
             ,
             that
             they
             should
             be
             for
             ever
             discharged
             of
             all
             Subsidies
             to
             be
             given
             to
             the
             Crown
             ,
             such
             a
             grant
             were
             made
             void
             ,
             and
             against
             the
             Law
             .
          
           
             Secondly
             ,
             touching
             the
             Petitions
             exhibited
             to
             the
             King
             in
             sundry
             Parliaments
             ,
             against
             Impositions
             laid
             by
             that
             King
             upon
             Merchandizes
             ,
             upon
             view
             of
             the
             Record
             wherein
             these
             Petitions
             are
             contained
             ,
             with
             their
             answers
             made
             by
             the
             King
             thereunto
             ,
             it
             is
             evident
             ,
             that
             neither
             the
             Petitions
             of
             the
             people
             ,
             nor
             the
             Kings
             answers
             thereunto
             ,
             do
             disprove
             this
             right
             of
             the
             Crown
             to
             lay
             Impositions
             upon
             Merchandizes
             ;
             for
             Petitions
             do
             not
             of
             necessity
             prove
             or
             suppose
             the
             Petitioners
             have
             received
             wrong
             ;
             Petitions
             are
             of
             divers
             kinds
             .
             1.
             
             There
             are
             Petitions
             of
             Grace
             ,
             
             which
             do
             not
             insist
             upon
             any
             right
             ,
             but
             upon
             meer
             Grace
             and
             Favour
             .
             2.
             
             There
             are
             Petitions
             of
             Right
             ,
             wherein
             the
             Petitioner
             doth
             set
             forth
             a
             pretended
             right
             ,
             and
             yet
             perhaps
             upon
             examination
             it
             is
             found
             that
             they
             have
             not
             right
             at
             all
             ,
             and
             commonly
             they
             ask
             more
             than
             their
             right
             is
             ,
             
               Iniquum
               pet
               as
               ut
               aequum
               fer
               as
               .
               3.
               
            
             There
             are
             Petitions
             
               Armatae
               ,
            
             when
             a
             company
             of
             Rebels
             armed
             against
             the
             Crown
             ,
             do
             yet
             preferre
             
             their
             Petitions
             ,
             but
             with
             an
             intent
             to
             effect
             their
             desire
             ,
             whether
             it
             be
             right
             or
             wrong
             ,
             if
             their
             Petitions
             be
             not
             granted
             ,
             
               Et
               stricto
               supplicat
               ense
               petens
               ,
            
             many
             of
             their
             armed
             Petitions
             were
             exhibited
             during
             the
             Barons
             Wars
             ,
             during
             the
             Wars
             of
             
               Lancaster
            
             and
             
               York
               ,
            
             and
             in
             sundry
             popular
             comotions
             since
             the
             Conquest
             ;
             but
             these
             Petitions
             which
             we
             speak
             of
             were
             made
             by
             the
             Commons
             ,
             or
             by
             some
             factious
             Spirits
             ,
             in
             the
             name
             of
             the
             Commons
             ,
             in
             sundry
             Parliaments
             holden
             during
             the
             Reign
             of
             King
             
               Edw.
               3.
            
             howbeit
             ,
             if
             wee
             look
             upon
             the
             form
             of
             these
             Petitions
             ,
             we
             shall
             find
             there
             is
             nothing
             sought
             but
             Grace
             and
             Favour
             ;
             and
             if
             we
             consider
             the
             Kings
             answers
             ,
             though
             many
             of
             them
             be
             very
             gracious
             ,
             we
             shall
             find
             him
             therein
             much
             reserved
             ,
             and
             withall
             circumspect
             not
             to
             prejudice
             or
             conclude
             his
             Prerogative
             in
             point
             of
             right
             ;
             the
             form
             of
             these
             Petitions
             was
             for
             most
             part
             but
             thus
             ,
             The
             Commons
             pray
             ,
             that
             the
             Imsitions
             or
             Maletolt
             of
             fourty
             shillings
             upon
             every
             Sack
             of
             Wooll
             may
             cease
             or
             be
             taken
             away
             ,
             and
             that
             the
             Custome
             of
             the
             demi
             mark
             may
             onely
             be
             taken
             :
             Or
             thus
             ,
             The
             Cōmons
             pray
             ,
             that
             the
             passage
             of
             the
             Sea
             may
             be
             open
             to
             all
             manner
             of
             
             Merchants
             and
             Merchandizes
             ,
             as
             it
             had
             been
             in
             former
             times
             ;
             herein
             we
             find
             no
             claim
             or
             challenge
             of
             right
             ,
             but
             a
             modest
             prayer
             of
             Grace
             and
             Favour
             ,
             unlesse
             the
             word
             
               Mayletolt
            
             may
             seem
             to
             imply
             a
             wrong
             ,
             because
             some
             do
             conceive
             that
             the
             word
             doth
             signifie
             an
             evil
             Toll
             ,
             
             wheras
             indeed
             the
             word
             doth
             signifie
             Toll-money
             ,
             for
             
               Mayle
            
             in
             old
             
               French
            
             is
             a
             small
             peece
             of
             money
             ,
             and
             therefore
             the
             rents
             taken
             by
             force
             in
             the
             Borders
             of
             
               Scotland
               ,
            
             was
             called
             
               Blackmayle
               ,
            
             and
             the
             word
             
               Mayletolt
               ,
            
             in
             some
             of
             our
             old
             Statutes
             is
             taken
             
               in
               bonam
               partem
               ,
            
             which
             speaks
             of
             
               Droiturell
               Mayletolts
               .
            
             But
             in
             what
             form
             doth
             
               Edw.
               3.
            
             make
             his
             Answers
             to
             those
             Petitions
             ?
             in
             divers
             formes
             ,
             according
             to
             the
             diversity
             of
             the
             occasions
             &
             reasons
             of
             State
             ,
             but
             alwayes
             in
             a
             gentle
             and
             gracious
             manner
             ,
             sometime
             he
             granteth
             the
             Petition
             in
             part
             onely
             ,
             for
             a
             certain
             time
             ,
             or
             after
             a
             certain
             time
             expired
             ,
             that
             his
             people
             may
             know
             ,
             that
             as
             he
             receiveth
             part
             of
             the
             Petition
             ,
             so
             he
             might
             have
             rejected
             the
             whole
             if
             he
             might
             have
             been
             so
             pleased
             ;
             sometimes
             he
             granted
             the
             whole
             Petition
             ,
             yet
             not
             absolutely
             but
             conditionally
             ,
             that
             hee
             may
             receive
             a
             greater
             recompence
             ;
             but
             wheresoever
             
             he
             doth
             franckly
             yeeld
             to
             remit
             any
             Imposition
             ,
             we
             find
             in
             the
             same
             Record
             a
             Subsidy
             granted
             unto
             him
             of
             far
             greater
             value
             and
             profit
             than
             the
             Imposition
             by
             him
             remitted
             ,
             wherein
             we
             perceive
             that
             he
             followed
             the
             wise
             counsell
             of
             
               Roabohams
            
             old
             Counsellers
             ,
             given
             in
             the
             like
             case
             of
             Impositions
             ,
             
               3
               Kings
               cap.
               12.
            
             
             
               sihodie
               obedieris
               populo
               huic
               &
               petitioni
               eorum
               cesseris
               locutusque
               ,
               diebus
               ,
               &c.
            
             sometimes
             he
             gives
             a
             generall
             or
             doubtfull
             answer
             ,
             and
             sometimes
             hee
             is
             silent
             and
             gives
             no
             answer
             at
             all
             ;
             so
             as
             he
             doth
             never
             bind
             nor
             conclude
             himself
             by
             any
             of
             those
             answers
             to
             those
             Petitions
             ,
             but
             with
             such
             reservation
             as
             he
             might
             still
             make
             use
             of
             his
             Prerogative
             in
             laying
             Impositions
             upon
             Merchandizes
             ;
             to
             demonstrate
             this
             point
             more
             plainly
             ,
             it
             were
             not
             amiss
             out
             of
             many
             Records
             which
             I
             have
             seen
             ,
             and
             whereof
             I
             have
             the
             Copies
             transcribed
             out
             of
             the
             Records
             themselves
             ,
             with
             mine
             own
             hands
             ,
             to
             select
             and
             set
             down
             some
             of
             those
             Answers
             in
             any
             of
             the
             kinds
             aforesaid
             .
             In
             
               14
               Edw.
               3.
               cap.
               21.
            
             
             the
             Cōmons
             pray
             the
             King
             that
             he
             would
             grant
             an
             Act
             of
             Parliament
             that
             no
             more
             Custome
             should
             bee
             taken
             for
             a
             Sack
             of
             Wool
             but
             a
             demi
             mark
             ,
             nor
             for
             Lead
             ,
             nor
             
             Tin
             ,
             nor
             Leather
             ,
             nor
             Wooll-fells
             ,
             but
             the
             old
             Customes
             .
             This
             Petition
             is
             general
             and
             extending
             to
             all
             Staple
             Comodities
             without
             exceptions
             of
             persons
             ,
             or
             limitation
             of
             times
             ;
             but
             what
             is
             the
             Kings
             answer
             ?
             That
             from
             the
             Feast
             of
             
               Pentecost
               ,
            
             which
             commeth
             ,
             unto
             a
             year
             ,
             neither
             he
             nor
             his
             Heirs
             shall
             take
             of
             any
             
               Englishman
            
             for
             a
             Sack
             of
             Wooll
             ,
             more
             Custome
             than
             the
             half
             Mark
             ,
             upon
             Wooll
             fells
             ,
             and
             Leather
             ,
             no
             more
             than
             the
             old
             Custome
             .
          
           
             Here
             this
             Petition
             is
             granted
             but
             in
             part
             ;
             First
             ,
             in
             respect
             of
             the
             persons
             ,
             for
             
               Englishmen
            
             only
             are
             favoured
             ,
             and
             Strangers
             are
             omitted
             ;
             Secondly
             ,
             onely
             in
             respect
             of
             the
             Commodities
             ,
             for
             Wooll-fells
             and
             Leather
             onely
             are
             exempted
             ,
             and
             Tin
             and
             Lead
             remain
             to
             be
             charged
             as
             before
             ;
             Thirdly
             ,
             in
             respect
             of
             the
             time
             ,
             for
             the
             King
             continueth
             his
             Impositions
             formerly
             laid
             for
             a
             year
             and
             more
             ,
             notwithstanding
             that
             Petition
             .
          
           
             But
             let
             us
             see
             withall
             what
             the
             King
             did
             gain
             in
             Parliament
             ,
             upon
             yeelding
             to
             the
             peoples
             Petition
             but
             in
             part
             ;
             in
             the
             first
             Sessions
             of
             this
             Parliament
             ,
             it
             was
             granted
             that
             every
             man
             who
             should
             ship
             Woolls
             over
             the
             Seas
             ,
             should
             find
             Sureties
             to
             bring
             in
             upon
             his
             first
             return
             ,
             for
             
             every
             Sack
             of
             Wooll
             ,
             two
             Marks
             of
             Silver
             ,
             Plate
             or
             Bullion
             ,
             and
             to
             deliver
             it
             to
             the
             Kings
             Executors
             ;
             and
             in
             the
             next
             Sessions
             there
             was
             granted
             unto
             him
             the
             nineth
             Fleece
             ,
             the
             nineth
             Lamb
             ,
             and
             the
             nineth
             Sheaf
             of
             Corn
             throughout
             the
             Realm
             ,
             which
             the
             people
             did
             often
             times
             redeem
             with
             a
             gift
             of
             twenty
             thousand
             Sacks
             of
             Wool
             .
          
           
             Here
             we
             see
             the
             fruit
             that
             the
             King
             made
             by
             following
             of
             
               Rehoboams
            
             old
             Counsellers
             ,
             &
             yet
             out
             of
             this
             grant
             and
             remission
             made
             by
             the
             King
             ,
             who
             can
             draw
             an
             Argument
             against
             the
             Kings
             right
             in
             laying
             Impositions
             upon
             Merchandizes
             ?
          
           
             Again
             ,
             
             
               29
               Edw.
               3.
            
             when
             there
             lay
             an
             Imposition
             of
             fourty
             shillings
             upon
             a
             Sack
             of
             Wooll
             above
             the
             old
             Customes
             ,
             A
             Conferrence
             was
             had
             between
             the
             Lords
             and
             Commons
             in
             the
             White-Chamber
             at
             
               Westmin
               .
            
             where
             after
             a
             short
             Parliament
             ,
             saith
             the
             Record
             ,
             
               29
               Edw.
               3.
               Rot.
               Parliament
               .
               numb.
               11.
               in
               Arch.
               Turris
               .
            
             It
             was
             concluded
             ,
             that
             the
             King
             should
             have
             a
             greater
             Subsidie
             out
             of
             Wooll
             ,
             Wooll-fells
             ,
             and
             Leather
             ,
             for
             six
             years
             ;
             so
             as
             during
             that
             time
             ,
             the
             King
             did
             lay
             no
             other
             Impositions
             or
             Charge
             upon
             the
             
             Commons
             .
             Here
             is
             a
             conditionall
             agreement
             between
             the
             King
             and
             the
             poople
             ,
             and
             here
             the
             King
             doth
             remit
             his
             power
             of
             Imposition
             ,
             for
             a
             recompence
             of
             greater
             value
             .
          
           
             And
             this
             is
             a
             strong
             Argument
             ,
             That
             the
             King
             had
             right
             to
             impose
             ,
             otherwise
             the
             people
             would
             never
             have
             bought
             their
             freedom
             from
             Impositions
             at
             so
             high
             a
             rate
             or
             price
             .
          
           
             The
             like
             conditionall
             agreement
             between
             the
             King
             and
             the
             people
             ,
             we
             find
             in
             
               6
               Edw.
               3.
            
             
             
               Rot.
               Parliament
               .
               numb.
               4.
               13
            
             
             
               Ed.
               3.
            
             
             
               Rot.
               Parliament
               .
               numb.
               5.
               18
            
             
             
               Edw.
               3.
            
             
             
               Rot.
               Parliament
               .
               numb.
               10.
               26.
               in
               Arch.
               Turris
               .
            
             
          
           
             In
             
               28
               Edw.
               3.
            
             
             
               Rot.
               Parliament
               .
               numb.
               26.
               
            
             
             The
             Commons
             complain
             of
             an
             excessive
             Imposition
             upon
             Wooll-fells
             ,
             and
             desire
             that
             the
             old
             Custome
             might
             he
             paid
             .
             The
             Kings
             Answer
             is
             ,
             the
             old
             Custome
             ought
             not
             to
             be
             withdrawn
             .
          
           
             In
             
               38
               Edw.
               3.
            
             
             
               Rot.
               Parliament
               .
               numb.
               26.
               
            
             
             The
             Commons
             desire
             that
             an
             Imposition
             of
             three
             shillings
             and
             four
             pence
             upon
             every
             Sack
             of
             Wooll
             at
             
               Callis
               ,
            
             and
             all
             unreasonable
             Impositions
             ,
             bee
             repealed
             .
          
           
             The
             Kings
             answer
             unto
             this
             is
             ,
             It
             pleaseth
             the
             King
             that
             all
             unreasonable
             Impositions
             
             be
             repealed
             ;
             like
             unto
             this
             is
             that
             answer
             which
             is
             contained
             in
             the
             Parliament
             Rolls
             of
             
               6
               Edw.
               3.
            
             
             
               numb.
               4.
               in
               Arch.
               Turris
               .
            
             
             When
             Petition
             was
             made
             for
             remittall
             of
             Impositions
             ,
             I
             shall
             saith
             the
             King
             ,
             assesse
             no
             such
             Tallages
             in
             time
             to
             come
             ,
             but
             in
             manner
             as
             it
             hath
             been
             in
             time
             of
             mine
             Ancestors
             ,
             and
             ought
             to
             be
             by
             reason
             .
          
           
             Can
             any
             wit
             of
             man
             pick
             any
             Arguments
             out
             of
             these
             Answers
             against
             the
             right
             of
             the
             Crown
             ,
             in
             setting
             Impositiout
             upon
             Merchandizes
             ?
          
           
             Lastly
             ,
             in
             
               13
               Edw.
               3.
               Rot.
               Parliament
               .
               numb.
               13.
            
             the
             Commons
             pray
             ,
             that
             the
             Maletolts
             of
             Wooll
             may
             be
             taken
             as
             it
             was
             used
             in
             former
             times
             ,
             being
             then
             enhaunsed
             without
             the
             Assent
             of
             the
             Commons
             .
          
           
             To
             this
             Petition
             there
             is
             no
             answer
             found
             of
             Record
             ,
             the
             King
             is
             silent
             ,
             and
             gives
             no
             answer
             at
             all
             ;
             which
             doubtless
             the
             King
             had
             not
             refused
             to
             do
             ,
             if
             the
             Petition
             had
             been
             exhibited
             in
             point
             of
             right
             ,
             and
             not
             in
             point
             of
             favour
             .
          
           
             Thirdly
             ,
             touching
             the
             punishing
             of
             the
             persons
             before
             mentioned
             ,
             for
             procuring
             of
             new
             Impositions
             to
             be
             set
             upon
             Merchandizes
             ,
             we
             are
             to
             consider
             two
             
             circumstances
             ;
             first
             ,
             the
             time
             when
             ,
             and
             next
             the
             causes
             wherefore
             these
             persons
             were
             called
             in
             question
             .
          
           
             The
             time
             when
             these
             persons
             were
             called
             to
             account
             ,
             was
             a
             Parliament
             holden
             in
             
               50
               Edw.
               3.
            
             the
             last
             year
             of
             that
             Kings
             Reign
             ,
             at
             which
             time
             that
             great
             and
             renowned
             Prince
             ,
             who
             had
             been
             formerly
             assisted
             by
             a
             most
             wise
             and
             politique
             Councell
             ,
             was
             become
             weak
             and
             stupid
             ,
             and
             almost
             in
             despair
             ,
             through
             sicknesse
             ,
             age
             ,
             melancholy
             ,
             conceipted
             upon
             the
             death
             of
             his
             eldest
             Son
             the
             Black
             Prince
             ,
             and
             suffered
             himself
             to
             be
             ill-governed
             by
             a
             Woman
             called
             
               Alice
               Perrey
               ,
            
             and
             her
             Favourite
             the
             Lord
             
               Latimer
               ;
            
             upon
             which
             occasion
             and
             advantage
             ,
             the
             Commons
             grew
             more
             bold
             than
             they
             were
             wont
             to
             be
             in
             former
             Parliaments
             ,
             and
             therefore
             if
             ought
             had
             been
             done
             in
             that
             Parliament
             ,
             which
             might
             prejudice
             the
             Kings
             Prerogative
             ,
             it
             is
             not
             to
             be
             urged
             as
             an
             example
             or
             president
             in
             these
             times
             ;
             but
             in
             truth
             ,
             the
             causes
             for
             which
             these
             persons
             were
             censured
             ,
             do
             rather
             approve
             the
             right
             of
             the
             Crown
             in
             laying
             Impositions
             ,
             than
             any
             way
             disaffirm
             the
             same
             .
             
             First
             ,
             
               Richard
               Lions
               ,
            
             a
             Farmer
             of
             the
             Customes
             ,
             was
             accused
             
             in
             this
             Parliament
             by
             the
             Commons
             ,
             that
             he
             had
             set
             and
             procured
             to
             be
             set
             upon
             Wooll
             ,
             and
             other
             Merchandizes
             ,
             certain
             new
             Impositions
             without
             assent
             of
             Parliament
             ,
             converting
             the
             same
             to
             his
             own
             use
             without
             controule
             ,
             the
             High
             Treasurer
             not
             being
             acquainted
             therewith
             ,
             the
             said
             
               Richard
            
             assuming
             to
             himself
             in
             divers
             things
             as
             a
             King
             ,
             50
             
               Edw.
               3.
               Rot.
               Parliament
               .
               numb.
               17,18,19
               ,
               20.
               
            
             This
             was
             his
             Accusation
             ,
             and
             though
             his
             answer
             were
             ,
             that
             he
             set
             those
             Impositions
             by
             the
             Kings
             Commandment
             ,
             yet
             did
             he
             shew
             no
             Warrant
             for
             it
             ,
             and
             therefore
             was
             justly
             punished
             with
             fine
             ,
             ransome
             ,
             disfranchisment
             ,
             and
             imprisonment
             .
          
           
             But
             how
             may
             this
             insolency
             and
             misdemeanour
             of
             a
             Subject
             ,
             be
             an
             argument
             against
             the
             right
             or
             Prerogative
             of
             the
             King
             ?
             
               Lions
            
             a
             Merchant
             of
             his
             own
             head
             cannot
             set
             Impositions
             upon
             Merchandizes
             ;
             
               Ergo
               ,
            
             King
             
               Edw.
               3.
            
             a
             Monarch
             ,
             of
             his
             royall
             Authority
             cannot
             do
             it
             ;
             what
             an
             absurd
             argument
             were
             this
             ?
             as
             if
             a
             man
             should
             say
             ,
             it
             were
             High
             Treason
             in
             a
             Subject
             to
             Coyn
             money
             ;
             
               Ergo
               ,
            
             the
             King
             himself
             cannot
             do
             it
             ,
             or
             cause
             it
             to
             bee
             done
             ;
             besides
             ,
             the
             accusation
             it self
             doth
             
             imply
             ,
             that
             the
             King
             hath
             power
             to
             impose
             upon
             Merchandizes
             ,
             because
             
               Lions
            
             is
             charged
             ,
             being
             a
             Subject
             ,
             to
             take
             upon
             him
             as
             a
             King
             in
             divers
             things
             ,
             &
             namely
             ,
             in
             setting
             of
             Impositiōs
             ;
             as
             if
             they
             should
             have
             said
             a
             King
             may
             do
             it
             ,
             but
             not
             a
             Subject
             ,
             according
             to
             the
             rules
             of
             the
             Imperial
             Law
             ,
             
               Solus
               Princeps
               instituit
               vectigalia
               Regni
               tantum
               juris
               &
               muneris
               est
               indicere
               vectialia
               ,
               imponere
               vectigalia
               maximi
               Imperii
               est
               ,
               inferior
               a
               Principe
               non
               potest
               imponere
               ,
            
             and
             the
             like
             .
          
           
             And
             the
             Bill
             exhibited
             by
             the
             Commons
             in
             this
             Parliament
             ,
             
               50
               Edw.
               3.
               Rot.
               Parliament
               .
               191.
            
             praying
             that
             those
             that
             should
             set
             new
             Impositions
             by
             their
             own
             Authority
             ,
             encroaching
             unto
             themselves
             Royal
             Power
             ,
             might
             have
             Judgement
             of
             life
             and
             member
             ,
             seemeth
             to
             be
             grounded
             upon
             good
             reason
             ,
             and
             doth
             prove
             it
             is
             a
             Mark
             of
             Soveraignty
             and
             Royall
             Power
             to
             set
             Impositions
             ;
             and
             therefore
             if
             a
             Subject
             of
             his
             own
             head
             ,
             of
             his
             own
             authority
             wil
             presume
             to
             do
             it
             ,
             he
             is
             worthy
             to
             dye
             for
             it
             ;
             and
             yet
             this
             Bill
             did
             receive
             but
             a
             general
             answer
             ,
             
               viz.
            
             Let
             the
             Common
             Law
             run
             as
             it
             hath
             been
             used
             heretofore
             .
          
           
             Touching
             the
             Lord
             
               Latimers
            
             censure
             ,
             
             
             he
             had
             not
             only
             upon
             his
             own
             head
             and
             authority
             set
             sundry
             Impositions
             upon
             Merchandizes
             at
             
               Callis
               ,
            
             where
             the
             Staple
             there
             was
             much
             decayed
             ;
             but
             he
             was
             charged
             with
             sundry
             other
             misdemeanors
             mentioned
             in
             the
             said
             Roll
             ,
             namely
             ,
             that
             he
             brought
             in
             divers
             Tallies
             and
             Tickets
             ,
             whereby
             the
             King
             was
             indebted
             unto
             his
             Souldiers
             and
             Pensioners
             ,
             for
             which
             he
             gave
             little
             or
             nothing
             to
             the
             parties
             ,
             and
             yet
             had
             an
             entire
             allowance
             in
             the
             Exchequer
             ,
             to
             the
             great
             damage
             of
             the
             King
             ,
             and
             scandall
             of
             the
             Court
             ;
             that
             he
             had
             also
             deceived
             the
             King
             of
             the
             pay
             and
             wages
             which
             he
             had
             sent
             unto
             his
             Souldiers
             in
             
               Britain
               ;
            
             that
             he
             had
             sold
             a
             great
             quantity
             of
             the
             Kings
             provisions
             for
             his
             Army
             there
             ,
             and
             converted
             the
             same
             to
             his
             own
             use
             ;
             and
             that
             he
             had
             delivered
             up
             the
             Town
             of
             Saint
             
               Saviours
            
             it
             
               Normandy
               ,
            
             and
             the
             Town
             and
             Fort
             of
             
               Betherell
            
             in
             
               Britainy
               ,
            
             not
             without
             suspition
             of
             Corruption
             and
             Treason
             .
          
           
             How
             can
             the
             Lord
             
               Latimers
            
             censure
             for
             these
             deceits
             and
             misdemeanors
             make
             an
             argument
             against
             the
             right
             of
             the
             Crown
             in
             laying
             Impositions
             upon
             Merchandizes
             ?
          
           
             And
             the
             like
             may
             be
             said
             of
             the
             punishment
             
             of
             
               Iohn
               Peachy
               ,
            
             
             who
             having
             got
             a
             Patent
             that
             none
             should
             sell
             sweet
             Wines
             within
             the
             City
             of
             
               London
            
             but
             himself
             ,
             his
             Deputies
             ,
             and
             Assignes
             ,
             by
             colour
             thereof
             did
             extort
             three
             shillings
             and
             four
             pence
             ,
             out
             of
             every
             Pipe
             or
             Vessell
             of
             sweet
             Wine
             sold
             by
             others
             within
             the
             City
             .
             Shall
             this
             extortion
             committed
             by
             a
             Subject
             ,
             by
             colour
             of
             a
             Patent
             ,
             where
             perhaps
             the
             Patent
             doth
             not
             warrant
             it
             ,
             be
             objected
             as
             an
             argument
             ,
             that
             the
             King
             himself
             might
             not
             lay
             the
             like
             Imsition
             upon
             every
             Pipe
             or
             Vessel
             by
             vertue
             of
             his
             Prerogative
             ?
             therefore
             the
             punishment
             of
             these
             persons
             was
             not
             the
             cause
             ,
             that
             for
             an
             150.
             years
             after
             that
             ,
             no
             Impositions
             were
             layd
             upon
             Merchandizes
             by
             Prerogative
             ;
             but
             the
             Princes
             who
             succeeded
             
               Edw.
               3.
            
             untill
             Queen
             
               Mary
               ,
            
             did
             forbear
             to
             use
             their
             Prerogative
             in
             that
             kind
             ,
             for
             those
             other
             notable
             and
             true
             causes
             which
             are
             before
             at
             large
             expressed
             in
             the
             seventeenth
             Chapter
             .
          
           
             Lastly
             ,
             touching
             the
             Imposition
             of
             six
             shillings
             and
             eight
             pence
             upon
             every
             Cloth
             ,
             laid
             by
             Queen
             
               Mary
               ,
            
             after
             the
             losse
             of
             
               Callis
               ;
            
             she
             held
             the
             same
             with
             a
             new
             Imposition
             upon
             
               French
            
             Wines
             ,
             without
             any
             question
             during
             her
             life
             ;
             and
             albeit
             
             complaint
             were
             made
             against
             the
             Imposition
             set
             upon
             Cloaths
             unto
             Queen
             
               Elizabeth
               ,
            
             upon
             her
             first
             entry
             (
             as
             it
             is
             usuall
             for
             the
             people
             to
             complain
             of
             burthens
             and
             charges
             upon
             every
             change
             of
             Government
             .
             )
             Yet
             we
             find
             that
             after
             the
             Conference
             of
             the
             Judges
             spoken
             of
             by
             my
             Lord
             
               Dyer
               ,
               1
               Eliz.
               f.
               165.
               
               Dyer
               .
            
             
             (
             though
             their
             resolution
             be
             not
             their
             reported
             )
             Queen
             
               Elizabeth
            
             did
             continue
             that
             Imposition
             ,
             and
             also
             the
             Impost
             upon
             
               French
            
             Wines
             ,
             as
             being
             lawfull
             set
             for
             the
             space
             of
             fourty
             four
             years
             without
             any
             further
             contradiction
             ;
             besides
             ,
             Queen
             
               Elizabeth
            
             did
             raise
             divers
             other
             new
             Impositions
             ,
             as
             is
             before
             declared
             ,
             whereunto
             there
             was
             never
             made
             any
             opposition
             during
             her
             Reign
             ,
             and
             which
             His
             Majesty
             that
             now
             is
             ,
             hath
             received
             without
             any
             question
             for
             the
             space
             of
             fifteen
             years
             ;
             and
             thus
             much
             may
             suffice
             for
             answer
             to
             the
             several
             points
             in
             the
             third
             Objection
             .
          
        
         
         
           
             CHAP.
             XXVIII
             .
          
           
             
               The
               fourth
               Objection
               ,
               that
               the
               Prerogative
               is
               bound
               or
               taken
               away
               by
               divers
               Acts
               of
               Parliament
               .
            
          
           
             FOurthly
             ,
             It
             is
             objected
             ,
             
             That
             though
             it
             were
             granted
             and
             admitted
             ,
             that
             the
             King
             
               de
               jure
               communi
               ,
            
             hath
             a
             rightful
             Prerogative
             to
             lay
             Impositions
             upon
             Merchandizes
             ,
             yet
             that
             power
             say
             they
             ,
             is
             restrained
             and
             taken
             away
             by
             sundry
             Acts
             of
             Parliament
             .
          
           
             First
             ,
             the
             Statute
             of
             
               Magna
               Charta
               ,
               cap.
               30.
            
             doth
             give
             safe
             conduct
             and
             free
             passage
             to
             all
             Merchants
             to
             buy
             and
             sell
             ,
             
               absque
               aliquibus
               malis
               tolnetis
               per
               antiquas
               &
               rectas
               consuetudines
               .
            
             Secondly
             ,
             by
             the
             Act
             or
             Charrer
             of
             confirmation
             in
             
               25
               Edw.
               3.
               
            
             The
             King
             doth
             release
             a
             Mayltolt
             of
             fourty
             shillings
             upon
             a
             Sack
             of
             Wooll
             ,
             and
             doth
             grant
             for
             him
             and
             His
             Heirs
             ,
             unto
             the
             Commons
             ,
             that
             he
             shall
             not
             take
             such
             things
             without
             the
             Commons
             consent
             or
             good
             will
             ;
             and
             in
             the
             same
             Act
             or
             Charter
             reciting
             ,
             that
             wheras
             divers
             people
             of
             the
             Realm
             were
             in
             fear
             ,
             that
             the
             Aids
             and
             Taxes
             which
             they
             had
             
             given
             to
             the
             King
             before
             that
             time
             ,
             was
             towards
             his
             War
             ,
             and
             other
             businesses
             of
             their
             own
             grant
             and
             good
             will
             ,
             might
             turn
             to
             a
             bondage
             of
             them
             and
             their
             heirs
             ,
             because
             in
             time
             to
             come
             they
             might
             be
             found
             in
             the
             Rolls
             ,
             and
             were
             likewise
             grieved
             for
             Prizes
             taken
             throught
             the
             Realm
             ,
             The
             King
             doth
             grant
             for
             him
             and
             his
             Heirs
             ,
             That
             he
             will
             not
             draw
             such
             Ayds
             ,
             Taxes
             ,
             or
             Prizes
             ,
             into
             a
             Custome
             ,
             for
             any
             thing
             that
             had
             been
             done
             before
             that
             time
             ,
             be
             it
             by
             Roll
             or
             any
             other
             president
             that
             may
             bee
             found
             .
             Thirdly
             ,
             by
             the
             Statute
             
               14
               Edw.
               3.
               cap.
               12.
            
             the
             King
             doth
             grant
             that
             all
             Merchants
             Denizens
             ,
             and
             Aliens
             ,
             may
             freely
             come
             into
             the
             Realm
             with
             their
             goods
             and
             Merchandizes
             ,
             and
             freely
             tary
             there
             ,
             and
             safely
             return
             ,
             paying
             their
             Customes
             ,
             Subsidies
             ,
             and
             profits
             thereof
             ,
             reasonably
             due
             .
             Fourthly
             ,
             by
             the
             Statute
             
               11
               Rich.
               2.
               cap.
               9.
            
             it
             is
             enacted
             ,
             That
             no
             Imposition
             or
             Charge
             be
             put
             upō
             Wools
             ,
             Wooll-fells
             ,
             or
             Leather
             ,
             other
             than
             the
             Custome
             or
             Subsidie
             granted
             to
             the
             King
             in
             that
             Parliament
             ,
             if
             any
             be
             ,
             the
             same
             to
             be
             adnulled
             and
             repealed
             ,
             saving
             to
             the
             King
             his
             ancient
             right
             ;
             there
             are
             other
             Acts
             of
             Parliament
             containing
             the
             same
             
             sence
             and
             substance
             ,
             but
             these
             principally
             have
             been
             singled
             out
             ,
             and
             cited
             as
             specially
             Statutes
             restraining
             and
             taking
             away
             the
             Kings
             Prerogative
             in
             laying
             Impositions
             upon
             Merchandizes
             .
          
        
         
           
             CHAP.
             XXIX
             .
          
           
             
               The
               Answer
               to
               the
               fourth
               Objection
               .
            
          
           
             TO
             this
             Objection
             first
             I
             answer
             ,
             
             That
             this
             being
             a
             Prerogative
             in
             point
             of
             Government
             ,
             as
             well
             as
             in
             point
             of
             profit
             ,
             it
             cānot
             be
             restrained
             or
             bound
             by
             Act
             of
             Parliament
             ,
             it
             cannot
             be
             limited
             by
             any
             certain
             or
             fixt
             Rule
             of
             Law
             ,
             no
             more
             than
             the
             course
             of
             a
             Pilot
             upon
             the
             Sea
             ,
             who
             must
             turn
             the
             Helme
             ,
             or
             bear
             higher
             or
             lower
             sail
             according
             to
             the
             wind
             and
             weather
             ;
             and
             therefore
             it
             may
             be
             properly
             said
             ,
             That
             the
             Kings
             Prerogative
             in
             this
             point
             is
             as
             strong
             as
             
               Samson
               ,
            
             it
             cannot
             be
             bound
             ;
             for
             though
             an
             Act
             of
             Parliament
             be
             made
             to
             restrain
             it
             ,
             and
             the
             King
             doth
             give
             his
             consent
             unto
             it
             ,
             as
             
               Samson
            
             was
             bound
             with
             his
             own
             consent
             ,
             yet
             if
             the
             
               Philistins
            
             come
             ,
             
             that
             is
             ,
             if
             any
             just
             or
             important
             occasion
             do
             arise
             ,
             it
             cannot
             hold
             or
             restrain
             the
             Prerogative
             ,
             it
             will
             be
             as
             thred
             ,
             and
             broken
             as
             easie
             as
             the
             bonds
             of
             
               Samson
               ;
            
             and
             again
             ,
             
               Ius
               imponendi
               vectigalia
               inhaeret
               sceptro
               ,
            
             saith
             the
             Law
             Imperiall
             ,
             
               &
               quod
               Sceptro
               inhaeret
               non
               potest
               tolli
               nisi
               sublato
               Sceptro
               .
            
             The
             Kings
             Prerogatives
             are
             the
             Sun-beams
             of
             his
             Crown
             ,
             and
             as
             inseparable
             from
             it
             as
             the
             Sun-beams
             from
             the
             Sun
             ;
             The
             Kings
             Crown
             must
             be
             taken
             from
             his
             head
             ,
             before
             his
             Prerogative
             can
             be
             taken
             away
             from
             him
             ;
             
               Samsons
            
             hair
             must
             be
             cut
             off
             ,
             before
             his
             courage
             can
             be
             any
             jot
             abated
             .
             Hence
             it
             is
             ,
             that
             the
             Kings
             Act
             ,
             nor
             any
             Act
             of
             Parliament
             can
             give
             away
             His
             Prerogative
             ;
             for
             in
             his
             own
             Act
             the
             King
             cannot
             release
             a
             
               tenure
               in
               Capite
               ,
            
             nor
             grant
             it
             to
             any
             Subject
             ,
             
               Dyer
               44.
               
            
             
             If
             the
             King
             grant
             Land
             to
             
               I.
               S.
            
             to
             hold
             as
             freely
             as
             the
             King
             himselfe
             holds
             his
             Crown
             ,
             he
             shall
             hold
             his
             Land
             still
             of
             the
             King
             in
             
               Capite
               ,
            
             and
             if
             he
             Alien
             it
             hee
             shall
             pay
             a
             Fine
             ,
             for
             the
             tenure
             is
             vested
             in
             the
             King
             by
             his
             Prerogative
             ,
             saith
             the
             Book
             ,
             14.
             
             
               Hen.
               6.
               12.
            
             and
             therefore
             when
             King
             
               Fdw.
               3.
            
             did
             grant
             unto
             the
             Black
             Prince
             his
             eldest
             Son
             ,
             the
             Dutchy
             of
             
               Cornwall
               ,
               una
               cum
               omnibus
               wardis
               maritagiis
               
               &
               releviis
               ,
               &c.
               non
               obstante
               Prerogative
               Regis
               ,
            
             the
             Prince
             could
             not
             seize
             a
             Ward
             that
             held
             of
             the
             Kings
             Ward
             ,
             who
             held
             in
             
               Capite
            
             of
             the
             King
             ,
             because
             it
             belonged
             to
             the
             King
             by
             his
             Prerogative
             .
             34
             
               Ass.
               pl.
               25.
            
             whereby
             it
             is
             manifest
             ,
             that
             the
             King
             by
             his
             own
             Grant
             cannot
             sever
             his
             Prerogative
             from
             the
             Crown
             ,
             nor
             communicate
             any
             part
             thereof
             to
             any
             one
             ,
             not
             to
             the
             Prince
             his
             eldest
             Son
             ;
             and
             in
             this
             case
             of
             Tenure
             it
             was
             resolved
             in
             the
             last
             Assembly
             of
             Parliament
             in
             
               England
               ,
            
             That
             no
             Act
             of
             Parliament
             could
             be
             framed
             by
             the
             wit
             of
             man
             ,
             whereby
             all
             Tenures
             of
             the
             Crown
             might
             be
             extinguished
             ;
             neither
             can
             any
             Act
             of
             Parliament
             in
             the
             flat
             Negative
             ,
             take
             away
             the
             Kings
             Prerogative
             in
             the
             affirmative
             .
          
           
             The
             King
             hath
             a
             Prerogative
             in
             the
             affirmation
             ,
             that
             he
             may
             pardon
             all
             Malefactors
             ;
             There
             is
             a
             Statute
             made
             at
             
               Northampton
               ,
               2
               Edw.
               3.
               
            
             
             That
             no
             Charter
             of
             pardon
             for
             killing
             a
             man
             shold
             thenceforth
             be
             granted
             ,
             but
             in
             one
             case
             ,
             where
             one
             man
             killeth
             another
             in
             his
             own
             defence
             by
             misfortune
             :
             Hath
             this
             Statute
             so
             bound
             the
             Prerogative
             ,
             as
             no
             man
             ever
             since
             hath
             been
             pardoned
             for
             killing
             a
             
             man
             ,
             but
             in
             the
             cases
             before
             mentioned
             ?
             The
             King
             hath
             a
             Prerogative
             in
             point
             of
             Government
             ,
             to
             make
             choice
             of
             the
             Sheriff
             in
             every
             County
             ;
             there
             is
             a
             Statute
             made
             ,
             
               28
               Edw.
               3.
               cap.
               7.
               
            
             That
             no
             man
             shall
             be
             Sheriff
             two
             years
             together
             ,
             and
             that
             no
             Commission
             shall
             be
             granted
             or
             renew'd
             for
             the
             year
             following
             ,
             to
             him
             that
             hath
             been
             Sheriff
             the
             year
             before
             ;
             Was
             the
             Kings
             Prerogative
             bound
             by
             this
             Statute
             when
             hee
             granted
             the
             Sheriffwick
             of
             
               Northumberland
               ,
            
             to
             the
             Earle
             of
             
               Northumberland
            
             during
             his
             life
             ,
             with
             
               non
               obstante
            
             of
             that
             Statute
             
               2
               Hen.
               7.
               fol.
               6.
               
            
             Again
             ,
             the
             King
             hath
             no
             ancient
             and
             absolute
             power
             to
             grant
             dispensation
             for
             holding
             Ecclesiastical
             Benefices
             
               in
               Cōmendum
               .
            
             There
             is
             a
             Statute
             made
             
               7
               Edw.
               3.
            
             in
             
               Ireland
               ,
            
             whereby
             it
             is
             enacted
             and
             declared
             ,
             that
             the
             Kings
             dispensation
             in
             this
             case
             shall
             be
             utterly
             void
             ,
             if
             it
             be
             not
             by
             Act
             of
             Parliament
             ;
             did
             this
             Statute
             so
             derogate
             from
             the
             Kings
             Prerogative
             ,
             and
             so
             restrain
             it
             ,
             that
             he
             might
             not
             only
             by
             his
             Letters
             Patents
             ,
             Grant
             
               Cōmendamus
               ,
            
             before
             the
             Statute
             of
             
               28
               Hen.
               8.
            
             in
             this
             Realm
             ?
             assuredly
             the
             Kings
             dispensation
             
               non
               obstante
            
             the
             Statute
             would
             have
             taken
             away
             the
             force
             thereof
             ,
             as
             if
             
             no
             such
             Law
             had
             ever
             been
             made
             :
             There
             are
             many
             other
             cases
             of
             like
             nature
             which
             I
             omit
             ;
             as
             for
             the
             particular
             Statutes
             before
             recited
             ,
             the
             words
             thereof
             are
             too
             generall
             to
             bind
             or
             restrain
             this
             Prerogative
             in
             laying
             Impositions
             upon
             Merchandizes
             .
             First
             ,
             that
             Statute
             of
             
               Magna
               Charta
            
             doth
             give
             safe
             conduct
             to
             all
             Merchants
             to
             come
             and
             go
             ,
             and
             to
             tarry
             within
             the
             Realm
             ,
             and
             to
             buy
             and
             sell
             their
             Merchandizes
             ,
             
               sine
               malis
               tolnetis
               per
               antiqnas
               &
               rect
               as
               consuetudines
               .
            
             How
             do
             these
             generall
             words
             restrain
             the
             Kings
             Prerogative
             in
             this
             Case
             ?
             for
             the
             ancient
             Common
             Law
             of
             the
             Land
             ,
             which
             is
             the
             Common
             Custome
             of
             the
             Realm
             ,
             doth
             warrant
             and
             approve
             the
             Kings
             Prerogative
             in
             laying
             Impositions
             upon
             Merchandizes
             ,
             as
             before
             I
             have
             fully
             and
             clearly
             proved
             ,
             then
             a
             reasonable
             Imposition
             laid
             by
             the
             King
             is
             
               Antiqua
               &
               recta
               consuetudo
            
             warranted
             and
             approved
             by
             the
             Great
             Charter
             .
          
           
             Secondly
             ,
             albeit
             King
             
               Edw.
               1.
            
             by
             Act
             or
             Charter
             of
             confirmation
             of
             
               Charta
               Mercatoria
               ,
            
             made
             in
             
               Anno
               25.
            
             of
             his
             Reign
             ,
             doth
             release
             the
             Maletolt
             of
             fourty
             shillings
             upon
             a
             Sack
             of
             Wooll
             ;
             and
             doth
             grant
             for
             him
             and
             his
             heirs
             ,
             that
             he
             will
             
             take
             no
             such
             thing
             without
             the
             assent
             and
             good
             will
             of
             the
             Commons
             .
             That
             word
             (
             
               such
            
             )
             doth
             not
             absolutely
             bind
             the
             Kings
             Prerog.
             that
             he
             shall
             lay
             no
             Imposition
             at
             all
             ,
             for
             it
             is
             to
             be
             intended
             such
             in
             quantity
             ,
             such
             in
             excess
             ,
             for
             foury
             shillings
             at
             that
             time
             was
             as
             much
             as
             six
             pound
             at
             this
             day
             ,
             which
             the
             scarcity
             of
             money
             in
             those
             dayes
             being
             considered
             ,
             and
             compared
             with
             the
             plenty
             of
             money
             at
             this
             day
             ,
             might
             then
             be
             said
             to
             be
             a
             great
             burthen
             ,
             and
             yet
             this
             strong
             band
             doth
             not
             bind
             K.
             
               Ed.
               3.
            
             his
             Grand-child
             but
             that
             ,
             notwithstanding
             this
             Charter
             or
             Act
             of
             Parliament
             ,
             he
             took
             these
             things
             in
             greater
             quantities
             ,
             sometimes
             fourty
             shillings
             ,
             sometimes
             fifty
             shillings
             ,
             upon
             a
             Sack
             of
             Wooll
             ,
             when
             the
             
               Philistins
            
             came
             upon
             him
             ,
             that
             is
             ,
             when
             the
             Wars
             of
             
               France
               ,
            
             and
             other
             urgent
             occasions
             did
             presse
             him
             to
             it
             ;
             as
             to
             the
             other
             Article
             contained
             in
             the
             Act
             or
             Charter
             of
             
               25
               Edw.
               3.
            
             where
             it
             is
             said
             the
             people
             did
             fear
             ,
             lest
             the
             Aids
             and
             Taxes
             granted
             of
             their
             good
             will
             to
             the
             King
             might
             turn
             to
             a
             bondage
             to
             them
             and
             their
             heires
             ,
             when
             the
             same
             in
             time
             to
             come
             should
             be
             found
             in
             the
             Rolls
             ;
             and
             the
             King
             did
             grant
             for
             him
             and
             his
             heirs
             ,
             
             That
             he
             would
             not
             draw
             such
             Ayds
             and
             Taxes
             into
             a
             Custome
             ;
             that
             Act
             in
             this
             point
             restraineth
             not
             the
             Kings
             Prerogative
             in
             setting
             Impositions
             upon
             Merchandizes
             ,
             for
             it
             speaketh
             only
             of
             Ayds
             and
             Taxes
             willingly
             granted
             by
             the
             people
             in
             Parliament
             ,
             &
             therefore
             I
             marvell
             that
             this
             Article
             was
             ever
             objected
             or
             used
             as
             an
             argument
             against
             Impositions
             ;
             and
             whereas
             the
             King
             doth
             grant
             that
             such
             Ayds
             shall
             not
             be
             drawn
             into
             a
             Custome
             ,
             such
             words
             are
             usuall
             in
             the
             preambles
             of
             Acts
             of
             Subsidies
             where
             the
             grant
             is
             large
             and
             extraordinary
             ,
             
               viz.
            
             That
             it
             may
             not
             be
             drawn
             into
             an
             example
             ,
             that
             it
             may
             not
             be
             a
             president
             in
             future
             times
             ;
             and
             yet
             succeeding
             Parliaments
             have
             not
             forborn
             to
             grant
             as
             large
             Subsidies
             as
             formerly
             were
             granted
             .
          
           
             Thirdly
             ,
             the
             Statute
             of
             
               14
               Edw.
               3.
               cap.
               12.
            
             doth
             rather
             maintain
             the
             Kings
             Prerogative
             in
             this
             case
             ,
             than
             any
             way
             impugne
             or
             impeach
             it
             ,
             for
             by
             that
             Law
             free
             passage
             is
             granted
             to
             all
             Merchants
             ,
             paying
             the
             Customes
             ,
             Subsidies
             ,
             and
             profits
             thereof
             reasonably
             due
             .
             Now
             certain
             it
             is
             ,
             that
             all
             duties
             payable
             to
             the
             King
             for
             Merchandizes
             ,
             are
             of
             three
             kinds
             only
             ,
             Customes
             ,
             which
             are
             these
             ancient
             and
             
             certain
             duties
             ,
             wherein
             the
             Crown
             hath
             no
             Inheritance
             ,
             as
             is
             before
             expressed
             ;
             Subsidies
             which
             are
             granted
             by
             Act
             of
             Parliament
             ,
             and
             Impositions
             which
             are
             raised
             from
             time
             to
             time
             by
             the
             Kings
             Prerogative
             onely
             ,
             we
             find
             not
             a
             fourth
             kind
             ,
             and
             therefore
             the
             word
             
               Profits
            
             must
             needs
             be
             taken
             for
             Impositions
             .
          
           
             Fourthly
             ,
             the
             Statue
             of
             
               11
               Rich.
               2.
               Cap.
               9.
            
             though
             it
             provide
             in
             expresse
             terms
             ,
             that
             no
             Imposition
             or
             Charge
             be
             layd
             upon
             Wooll
             ,
             Wooll-fells
             ,
             or
             Leather
             ,
             other
             than
             the
             Custome
             or
             Subsidy
             granted
             in
             that
             Parliament
             ,
             yet
             it
             saveth
             alwayes
             to
             the
             King
             his
             ancient
             rights
             ;
             this
             was
             as
             turbulent
             a
             Parliament
             as
             ever
             was
             holden
             in
             
               England
               ,
            
             and
             yet
             was
             the
             Kings
             Right
             acknowledged
             ,
             though
             the
             unruly
             Lords
             and
             Commons
             did
             in
             a
             manner
             force
             his
             Assent
             to
             limit
             his
             Prerogative
             at
             that
             time
             .
          
           
             Lastly
             ,
             if
             these
             Acts
             had
             absolutely
             bound
             the
             Kings
             Prerogative
             ,
             and
             had
             been
             observed
             literally
             and
             punctually
             untill
             this
             time
             ,
             the
             King
             should
             onely
             have
             had
             at
             this
             day
             the
             Demi
             mark
             for
             our
             own
             Staple
             Wares
             ,
             and
             perhaps
             the
             three
             pence
             Custome
             for
             Forein
             Commodities
             ,
             and
             no
             more
             .
             What
             an
             inconvenience
             ,
             
             what
             an
             absurdity
             had
             this
             been
             at
             this
             day
             ,
             when
             all
             Forein
             Princes
             have
             raised
             their
             Customes
             to
             an
             exceeding
             height
             ?
             when
             as
             I
             have
             noted
             before
             the
             necessary
             expences
             of
             the
             Crown
             are
             so
             much
             encreased
             ,
             when
             the
             prizes
             of
             all
             Commodities
             are
             so
             much
             enhanced
             ,
             when
             there
             is
             so
             great
             a
             plenty
             of
             money
             in
             this
             part
             of
             the
             World
             ,
             when
             the
             Kings
             Revenue
             within
             the
             Land
             is
             so
             much
             improved
             ;
             Is
             it
             fit
             that
             Duties
             payable
             for
             Merchandizes
             should
             stand
             at
             a
             stay
             and
             keep
             the
             old
             rates
             without
             augmentation
             ?
          
        
         
         
           
             CHAP.
             XXX
             .
          
           
             
               The
               fifth
               Objection
               ,
               that
               Tonnage
               and
               Poundage
               were
               never
               taken
               ,
               but
               when
               the
               same
               was
               granted
               by
               Parliament
               .
            
          
           
             FIstly
             ,
             it
             is
             objected
             ,
             That
             the
             Subsidies
             of
             Tonnage
             and
             Poundage
             ,
             
             were
             never
             taken
             by
             any
             King
             of
             
               England
               ,
            
             but
             when
             the
             same
             were
             granted
             by
             Act
             of
             Parliament
             ,
             which
             is
             an
             Argument
             ,
             say
             they
             ,
             that
             the
             King
             could
             never
             take
             those
             duties
             but
             by
             his
             absolute
             power
             ,
             for
             if
             his
             Prerogative
             could
             have
             imposed
             those
             rates
             of
             it self
             ,
             what
             need
             was
             there
             of
             an
             Act
             of
             Parliament
             ?
             why
             should
             the
             King
             have
             expected
             the
             consent
             of
             the
             Commons
             ?
             
               cum
               Dominus
               eis
               opus
               habet
               ,
            
             and
             when
             the
             Exchequor
             were
             so
             empty
             ,
             as
             the
             Jewells
             of
             the
             Crown
             were
             layd
             to
             pawn
             by
             some
             of
             those
             Kings
             who
             were
             glad
             to
             take
             these
             Subsidies
             by
             Acts
             of
             Parliament
             .
          
        
         
         
           
             CHAP.
             XXXI
             .
          
           
             
               The
               Answer
               to
               the
               fifth
               Objection
               .
            
          
           
             THe
             Answer
             to
             this
             Objection
             is
             twofold
             ;
             First
             ,
             
             That
             which
             is
             objected
             is
             not
             true
             ,
             for
             Tonnage
             and
             Poundage
             have
             been
             taken
             by
             the
             Kings
             Prerogative
             without
             Act
             of
             Parliament
             ;
             Secondly
             ,
             If
             it
             had
             been
             true
             ,
             it
             is
             no
             Argument
             against
             the
             Kings
             Prerogative
             in
             this
             point
             ,
             for
             what
             is
             Tonnage
             but
             a
             certain
             sum
             of
             money
             payable
             for
             every
             Tun
             of
             VVine
             imported
             ?
             did
             not
             King
             
               Edw.
               3
            
             by
             force
             of
             his
             
               Charter
               Mercatoria
               ,
            
             without
             Act
             of
             Parliament
             ,
             take
             two
             shillings
             for
             every
             Tun
             of
             VVine
             imported
             by
             Strangers
             ?
             did
             not
             the
             same
             King
             set
             a
             new
             Imposition
             of
             
               Gauge
               ,
               viz.
            
             upon
             every
             Tun
             of
             VVine
             brought
             into
             
               London
               ,
            
             as
             is
             before
             expressed
             ?
             and
             are
             not
             the
             severall
             Impositions
             of
             VVines
             taken
             by
             His
             Majesty
             in
             
               England
            
             and
             
               Ireland
               ,
            
             a
             kind
             of
             Tonnage
             ?
             being
             nothing
             else
             but
             extraordinary
             rates
             imposed
             upon
             ever
             Tun
             of
             VVine
             ,
             and
             levied
             
             and
             taken
             by
             the
             Kings
             Prerogative
             .
          
           
             Again
             ,
             was
             not
             the
             three
             pence
             upon
             the
             pound
             imposed
             by
             King
             
               Edw.
            
             1.
             by
             his
             
               Charta
               Mercatoria
               ,
            
             a
             kind
             of
             Poundage
             ,
             and
             well
             nigh
             as
             great
             an
             Imposition
             as
             twelve
             of
             the
             pound
             granted
             at
             this
             day
             by
             Act
             of
             Parliament
             ?
             if
             we
             consider
             the
             Standard
             of
             Monies
             in
             the
             time
             of
             King
             
               Edw.
               1.
            
             when
             a
             peny
             sterling
             did
             contain
             as
             much
             or
             more
             pure
             Silver
             ,
             as
             the
             three
             pence
             sterling
             doth
             contain
             at
             this
             day
             ;
             but
             admit
             that
             no
             Tonnage
             or
             Poundage
             had
             ever
             been
             taken
             ,
             but
             by
             grant
             in
             Parliament
             ;
             yet
             it
             is
             no
             Argument
             ,
             but
             that
             the
             King
             might
             impose
             the
             like
             or
             the
             same
             by
             his
             Prerogative
             ,
             for
             three
             particular
             reasons
             :
             The
             first
             ,
             because
             these
             Subsidies
             were
             granted
             for
             maintainance
             of
             the
             Navy
             Royall
             ,
             the
             charges
             whereof
             were
             grown
             so
             great
             in
             the
             time
             of
             King
             
               Edw.
               4.
            
             
             as
             appearech
             by
             the
             Act
             of
             Tonnage
             and
             Poundage
             granted
             in
             the
             12
             year
             of
             that
             Kings
             Reign
             ,
             that
             it
             sufficed
             not
             ,
             nor
             in
             time
             to
             come
             was
             like
             to
             suffice
             or
             defray
             the
             charge
             of
             the
             Crown
             in
             keeping
             the
             Sea
             :
             these
             are
             the
             words
             of
             that
             Act
             ,
             if
             then
             in
             the
             time
             of
             King
             
               Edw.
               4.
            
             the
             Subsidy
             of
             Tonnage
             being
             three
             shillings
             upon
             a
             Tun
             of
             
             VVine
             brought
             in
             by
             Denizens
             ,
             and
             six
             shillings
             upon
             a
             tun
             brought
             in
             by
             Strangers
             ;
             and
             the
             Subsidy
             of
             Poundage
             or
             of
             twelve
             pence
             of
             the
             pound
             upon
             other
             Cōmodities
             was
             not
             then
             sufficient
             to
             bear
             the
             charge
             of
             the
             Royall
             Navy
             ,
             which
             was
             not
             comparable
             by
             many
             degrees
             in
             strength
             ,
             and
             beauty
             ,
             and
             multitude
             of
             Ships
             to
             the
             Kings
             Navie
             at
             this
             day
             ;
             Doth
             it
             stand
             with
             reason
             ,
             that
             the
             Crown
             should
             be
             stinted
             or
             limited
             ever
             after
             to
             take
             no
             more
             than
             those
             poor
             Subsidies
             granted
             at
             that
             time
             ?
             that
             the
             King
             should
             wait
             for
             a
             Parliament
             ,
             and
             pray
             an
             ayde
             of
             the
             Commons
             for
             a
             competent
             means
             to
             maintain
             the
             Walls
             of
             the
             Kingdom
             ,
             when
             by
             the
             Common
             Law
             of
             the
             Realm
             he
             may
             grant
             Letters
             Patents
             for
             Murage
             ,
             to
             maintain
             the
             Walls
             of
             a
             Corporate
             Town
             .
             If
             any
             unexpected
             necessity
             should
             arise
             for
             repairing
             of
             the
             Navy
             Royall
             ,
             and
             making
             a
             Navall
             War
             ,
             should
             the
             King
             expect
             a
             Parliament
             for
             a
             greater
             Subsidy
             to
             bee
             granted
             by
             the
             Commons
             before
             he
             should
             rigge
             and
             make
             ready
             his
             Ships
             ,
             perhaps
             a
             Kingdom
             might
             be
             lost
             in
             the
             mean
             time
             ;
             as
             if
             a
             Pilot
             sitting
             at
             the
             Helm
             ,
             and
             seeing
             a
             sudden
             gust
             of
             wind
             ,
             
             would
             over-set
             the
             Ship
             ,
             or
             perceiving
             her
             to
             be
             running
             on
             a
             Rock
             ,
             should
             forbear
             to
             turn
             the
             Helm
             ,
             or
             cause
             the
             Sail
             to
             be
             stricken
             ,
             untill
             he
             had
             consulted
             with
             the
             Mariners
             or
             Passengers
             ,
             and
             demanded
             their
             consent
             or
             counsell
             in
             the
             businesse
             ;
             the
             Pilot
             himself
             with
             his
             Mariners
             and
             Passengers
             might
             be
             cast
             away
             ,
             before
             they
             were
             agreed
             what
             course
             to
             take
             .
          
           
             Secondly
             ,
             these
             Subsidies
             of
             Tonnage
             and
             Poundage
             were
             first
             granted
             by
             Act
             of
             Parliament
             ,
             in
             the
             time
             of
             the
             Civill
             VVars
             between
             the
             two
             great
             Houses
             of
             
               Lancaster
            
             and
             
               York
               ,
            
             when
             the
             severall
             Kings
             were
             loath
             to
             make
             use
             of
             their
             Prerogatives
             ,
             but
             were
             glad
             to
             please
             their
             people
             ,
             and
             loath
             to
             impose
             any
             charge
             upon
             them
             ,
             but
             by
             common
             consent
             in
             those
             troublesome
             times
             .
          
           
             Thirdly
             ,
             Kings
             and
             Princes
             oftentimes
             of
             their
             own
             noble
             nature
             ,
             and
             sometimes
             in
             policy
             ,
             do
             accept
             that
             of
             their
             Subjects
             as
             a
             gift
             ,
             which
             they
             might
             exact
             &
             take
             as
             a
             duty
             ,
             and
             therefore
             our
             most
             potent
             and
             politique
             Kings
             have
             ordained
             and
             accepted
             many
             things
             in
             Parliament
             ,
             which
             they
             might
             have
             done
             in
             their
             private
             Chambers
             by
             their
             own
             
             prerogative
             ,
             without
             any
             other
             Ceremony
             ;
             who
             ever
             made
             doubt
             of
             the
             Kings
             Prerogative
             in
             establishing
             the
             Standard
             of
             monies
             ,
             and
             yet
             how
             many
             Acts
             of
             Parliament
             do
             we
             find
             touching
             Monies
             ,
             in
             the
             times
             of
             King
             
               E.
               1.
            
             and
             King
             
               Edw.
               2
               ?
            
             the
             Kings
             Prerotative
             in
             making
             &
             establishing
             Marshall
             Law
             ,
             was
             never
             yet
             in
             question
             ,
             yet
             are
             there
             Acts
             of
             Parliament
             touching
             Musters
             ,
             departures
             of
             Souldiers
             without
             their
             Captains
             Licences
             ,
             or
             the
             like
             .
          
           
             The
             King
             only
             doth
             give
             Honours
             ,
             and
             places
             of
             precedency
             ,
             yet
             King
             
               Hen.
               8.
            
             made
             an
             Act
             of
             Parliament
             ,
             whereby
             he
             rancked
             the
             great
             Offices
             of
             the
             Crown
             in
             their
             severall
             places
             ,
             as
             well
             in
             Council
             as
             in
             Parliament
             .
          
           
             No
             man
             ever
             doubted
             but
             the
             King
             being
             the
             Fountain
             of
             Justice
             ,
             may
             erect
             Courts
             or
             Justice
             by
             his
             Prerogative
             ,
             yet
             we
             find
             the
             Court
             of
             Augmentations
             ,
             and
             the
             Court
             of
             VVards
             ,
             erected
             by
             Act
             of
             Parliament
             .
          
           
             Lastly
             ,
             in
             the
             time
             of
             
               Edw.
               2.
            
             we
             find
             an
             Act
             of
             Declaration
             of
             the
             principall
             Prerogatives
             of
             the
             Crown
             of
             
             
               England
               ,
            
             were
             most
             undoubted
             and
             clear
             ,
             yet
             His
             Majesty
             was
             pleased
             in
             his
             first
             Parliament
             to
             accept
             of
             an
             Act
             of
             Recognition
             .
          
        
         
           
             CHAP.
             XXXII
             .
          
           
             
               The
               Conclusion
               .
            
          
           
             BY
             these
             reasons
             and
             demonstrations
             which
             are
             before
             expressed
             ,
             it
             is
             evident
             ,
             that
             the
             King
             of
             
               England
            
             by
             vertue
             of
             an
             ancient
             Prerogative
             inherent
             to
             the
             Crown
             and
             Scepter
             ,
             may
             justly
             and
             lawfully
             set
             Impositions
             upon
             Merchandizes
             ,
             and
             may
             limit
             and
             rate
             the
             quantity
             and
             proportion
             thereof
             by
             his
             own
             wisdom
             and
             discretion
             ,
             without
             Act
             of
             Parliament
             ;
             and
             this
             Prerogative
             is
             warranted
             and
             approved
             by
             the
             generall
             Law
             of
             Nations
             ,
             and
             the
             Law
             Merchant
             ,
             which
             is
             a
             principall
             branch
             of
             the
             Law
             of
             Nations
             ;
             by
             the
             Imperial
             Law
             ,
             the
             Ecclesiasticall
             Law
             ,
             and
             by
             the
             rule
             of
             the
             Common
             Law
             of
             
               England
               ,
            
             and
             by
             the
             
             practice
             of
             the
             most
             prudent
             Kings
             and
             Queens
             of
             
               England
            
             since
             the
             Conquest
             ;
             and
             that
             this
             Prerogative
             is
             grounded
             upon
             many
             excellent
             reasons
             ,
             and
             that
             the
             severall
             Objections
             made
             against
             this
             Prerogative
             ,
             are
             but
             shadows
             and
             colours
             of
             reason
             ,
             and
             clearly
             removed
             and
             washed
             away
             by
             the
             severall
             Answers
             thereunto
             .
          
        
         
           
             CHAP.
             XXXIII
             .
          
           
             
               A
               Comparison
               of
               the
               Impositions
               set
               and
               taken
               in
               
                 England
                 ,
              
               by
               the
               Kings
               Prerogative
               ,
               with
               the
               Exceptions
               and
               Gabells
               in
               Forein
               States
               and
               Kingdoms
               ,
               whereby
               it
               will
               appear
               ,
               that
               the
               Subjects
               of
               the
               Crown
               of
               
                 England
                 ,
              
               do
               not
               bear
               so
               heavy
               a
               burthen
               by
               many
               degrees
               ,
               as
               the
               Subjects
               of
               other
               Nations
               do
               bear
               in
               this
               kind
               .
            
          
           
             ALbeit
             ,
             indeed
             the
             King
             of
             
               England
            
             being
             no
             Emperor
             ,
             and
             having
             all
             Imperiall
             Rights
             within
             his
             
             own
             Kingdoms
             ,
             hath
             and
             ever
             had
             as
             absolute
             a
             Prerogative
             
               Imponere
               vectigalia
               ,
            
             or
             to
             lay
             Impositions
             ,
             as
             the
             Emperor
             of
             
               Rome
            
             or
             
               Germany
               ,
            
             or
             any
             other
             King
             ,
             Prince
             ,
             or
             State
             in
             the
             world
             ,
             now
             have
             ,
             or
             ever
             had
             ;
             yet
             let
             it
             be
             truly
             said
             for
             the
             honor
             of
             the
             Crown
             of
             
               England
               ,
            
             That
             His
             Majesty
             that
             now
             is
             ,
             and
             all
             his
             Noble
             Progenitors
             ,
             have
             used
             and
             put
             in
             practice
             this
             Prerogative
             with
             more
             moderation
             and
             favor
             toward
             the
             people
             ,
             than
             any
             Forein
             State
             or
             Prince
             in
             the
             world
             have
             besides
             ,
             and
             that
             in
             three
             respects
             .
          
           
             First
             ,
             the
             King
             of
             
               England
            
             doth
             make
             use
             of
             this
             Prerogative
             only
             ,
             in
             laying
             Impositions
             upon
             Merchandizes
             crossing
             the
             Seas
             ,
             upon
             such
             onely
             ,
             and
             not
             upon
             any
             other
             goods
             which
             are
             bought
             and
             sold
             within
             the
             Land
             ;
             neither
             doth
             he
             by
             his
             absolute
             power
             alone
             ,
             impose
             any
             Tax
             upon
             Lands
             or
             
               Capita
               hominum
               ,
            
             or
             
               Capita
               animalium
               ,
            
             or
             upon
             other
             things
             innumerable
             ,
             whereof
             there
             are
             strange
             presidents
             and
             examples
             ,
             both
             Ancient
             and
             Modern
             ,
             in
             other
             Countries
             .
          
           
             Secondly
             ,
             the
             King
             doth
             not
             charge
             
             all
             Merchandizes
             crossing
             the
             Seas
             ,
             with
             this
             Imposition
             now
             in
             question
             ,
             for
             in
             the
             Letters
             Patent
             whereby
             the
             Imposition
             of
             twelve
             pence
             in
             the
             pound
             over
             and
             above
             the
             Subsidie
             of
             Poundage
             ,
             is
             laid
             and
             limited
             ,
             divers
             kinds
             of
             Commodities
             are
             excepted
             ,
             especially
             such
             as
             serve
             for
             food
             and
             subsistance
             of
             the
             Kings
             people
             ,
             for
             setting
             the
             poor
             on
             work
             ,
             for
             maintainance
             of
             Navigation
             ,
             and
             other
             things
             of
             like
             nature
             ,
             as
             before
             is
             declared
             .
          
           
             Thirdly
             ,
             the
             Impositions
             which
             are
             laid
             by
             the
             Kings
             of
             
               England
            
             upon
             Merchandizes
             ,
             are
             not
             so
             high
             as
             the
             Impositions
             and
             Exactions
             set
             and
             taken
             by
             other
             Princes
             and
             States
             ;
             for
             the
             highest
             Imposition
             in
             
               Ireland
            
             is
             but
             twelve
             pence
             upon
             the
             pound
             ,
             or
             but
             a
             single
             Poundage
             ,
             which
             is
             but
             five
             in
             the
             hundred
             ,
             and
             is
             the
             lowest
             rate
             in
             
               Christendome
            
             at
             this
             day
             ,
             and
             in
             
               England
            
             there
             is
             added
             but
             twelve
             pence
             in
             the
             pound
             more
             ,
             which
             is
             but
             ten
             pound
             upon
             the
             hundred
             pound
             ,
             and
             yet
             divers
             sorts
             of
             Merchandizes
             ,
             as
             I
             said
             before
             ,
             are
             excepted
             
             and
             discharged
             of
             that
             Imposition
             of
             the
             second
             Imposition
             of
             twelve
             pence
             .
          
           
             But
             on
             the
             other
             side
             let
             us
             see
             the
             practice
             of
             other
             Princes
             and
             States
             in
             laying
             Impositions
             ,
             and
             how
             far
             they
             have
             extended
             and
             strained
             their
             Prerogative
             in
             that
             point
             ,
             beyond
             and
             above
             the
             Impositions
             in
             
               England
               ;
            
             I
             will
             begin
             with
             the
             
               Romans
               ,
            
             when
             they
             had
             gained
             the
             Monarchy
             of
             the
             World
             ,
             so
             as
             all
             Kingly
             power
             did
             rest
             in
             their
             Emperor
             .
          
           
             First
             ,
             
               Iulius
               Caesar
            
             
             laid
             the
             first
             Imposition
             upon
             Forein
             Merchandizes
             ,
             saith
             
               Suetonius
               ,
               peregrinarum
               mercinm
               portaria
               primus
               instituit
               ,
            
             and
             that
             Imposition
             was
             
               Octava
               rerum
               pars
               ,
            
             which
             was
             more
             by
             a
             fifth
             part
             than
             our
             highest
             Imposition
             in
             
               England
               ,
            
             for
             it
             is
             two
             shillings
             and
             six
             pence
             upon
             the
             pound
             .
             Next
             ,
             
               Augustus
               Caesar
            
             about
             the
             time
             of
             our
             Saviours
             Birth
             ,
             sent
             out
             an
             Edict
             ,
             whereby
             he
             did
             tax
             all
             the
             world
             ,
             and
             this
             Tax
             was
             
               Capitatio
               ,
            
             or
             an
             Imposition
             ,
             
               super
               capita
               hominum
               ,
            
             though
             the
             quantity
             thereof
             doth
             not
             appear
             ;
             but
             the
             poll-money
             which
             
             our
             Saviour
             did
             pay
             ,
             and
             wrought
             a
             miracle
             ,
             it
             seemeth
             to
             be
             an
             high
             Imsition
             ,
             for
             the
             peeces
             of
             money
             taken
             out
             of
             the
             Fishes
             mouth
             ,
             which
             is
             called
             
               didrachma
               ,
            
             or
             
               stater
               ,
            
             is
             said
             to
             bee
             worth
             two
             shillings
             and
             six
             pence
             sterling
             ,
             which
             being
             given
             for
             himself
             and
             
               Peter
               ,
               da
               illis
               pro
               me
               et
               te
               ,
            
             shews
             that
             fifteen
             pence
             sterling
             was
             given
             for
             a
             Poll
             ,
             which
             must
             needs
             amount
             to
             an
             infinite
             thing
             ,
             if
             it
             were
             collected
             over
             all
             the
             World
             ,
             then
             subject
             to
             the
             
               Roman
            
             Emperor
             .
          
           
             
               Tiberius
            
             the
             
               Roman
            
             Emperor
             ,
             
             who
             succeeded
             
               Augustus
               ,
            
             took
             the
             hundred
             part
             of
             all
             things
             bought
             and
             sold
             within
             the
             Empire
             ,
             which
             perhaps
             was
             an
             Imposition
             of
             greater
             value
             and
             profit
             than
             the
             other
             .
             
               Caligula
            
             
             the
             Emperor
             ,
             layd
             an
             Imposition
             upon
             all
             Sutes
             in
             Law
             ,
             and
             took
             the
             fourth
             part
             of
             the
             value
             of
             the
             value
             of
             the
             thing
             sued
             for
             ,
             and
             set
             a
             pain
             upon
             the
             Plaintiff
             if
             he
             compounded
             ,
             or
             were
             Non-suted
             without
             his
             Licence
             .
             He
             likewise
             imposed
             a
             number
             of
             
               Sester●●
            
             upon
             every
             Marriage
             contracted
             or
             made
             within
             the
             whole
             Empire
             .
          
           
           
             
               Vespasian
            
             
             in
             meaner
             and
             more
             homelier
             matters
             ,
             took
             by
             way
             of
             Imposition
             ,
             a
             part
             of
             every
             poor
             Labourers
             wages
             ,
             and
             part
             of
             every
             Beggers
             alms
             ;
             he
             set
             likewise
             an
             Imposition
             upon
             Vrine
             ,
             and
             pleased
             himself
             with
             this
             
               Apothegm
               ,
               Dulcis
               odor
               lucri
               ex
               re
               qualibet
               .
               Severus
            
             the
             Emperor
             did
             impose
             upon
             the
             dishonest
             gains
             of
             the
             Stews
             ,
             and
             took
             part
             of
             the
             Prostitutes
             there
             ,
             as
             the
             Bishop
             of
             
               Rome
            
             doth
             at
             this
             day
             ;
             all
             the
             Emperors
             before
             
               Trajan
               ,
            
             took
             the
             twentieth
             part
             of
             all
             Legacies
             and
             Lands
             descended
             ,
             as
             things
             which
             came
             unlooked
             for
             ,
             and
             as
             a
             cleer
             gain
             ,
             and
             therfore
             the
             Heirs
             and
             Legatories
             might
             easily
             spare
             a
             part
             to
             the
             Emperor
             ;
             and
             
               Nicephorus
               ,
            
             one
             of
             the
             Emperors
             of
             the
             East
             ,
             did
             not
             onely
             take
             
               sumaria
               tributa
            
             Smoke-money
             out
             of
             every
             Chimney
             ,
             but
             he
             layd
             an
             Imposition
             upon
             every
             mans
             Estate
             that
             grew
             suddenly
             rich
             ,
             upon
             a
             presumption
             that
             hee
             had
             found
             a
             Treasury
             which
             did
             belong
             to
             the
             Emperor
             by
             Prerogative
             .
             With
             a
             little
             more
             search
             I
             might
             find
             out
             other
             Impositions
             of
             severall
             kinds
             ,
             set
             by
             the
             ancient
             Emperors
             
             upon
             the
             heads
             of
             Beasts
             ,
             upon
             the
             tiles
             of
             Houses
             ,
             and
             the
             like
             ;
             I
             might
             adde
             hereunto
             the
             Impositions
             set
             by
             
               Lotrain
               ,
            
             upon
             every
             pane
             of
             Glasse
             in
             Windows
             ;
             but
             these
             may
             suffice
             how
             high
             they
             strained
             ,
             and
             how
             far
             they
             extended
             their
             Prerogatives
             in
             this
             point
             of
             Impositions
             .
          
           
             Secondly
             ,
             the
             
               Roman
            
             Empire
             being
             over-come
             by
             the
             
               Gothes
            
             and
             
               Vandalls
               ,
            
             and
             other
             barbarous
             Nations
             ,
             and
             thereby
             broken
             into
             Kingdomes
             and
             Free
             States
             ,
             their
             passed
             divers
             ages
             before
             these
             Monarchies
             could
             be
             well
             setled
             ,
             and
             before
             peace
             bred
             plenty
             ,
             and
             plenty
             bred
             civility
             ,
             and
             before
             Trade
             ,
             Traffique
             ,
             Comerce
             ,
             and
             Intercourse
             could
             be
             established
             between
             these
             States
             ,
             and
             Kingdoms
             ,
             and
             therefore
             while
             these
             States
             and
             Kingdoms
             were
             yet
             but
             poor
             ,
             and
             while
             there
             was
             a
             generall
             scarcity
             of
             Gold
             and
             Silver
             in
             these
             parts
             of
             the
             World
             ,
             and
             so
             for
             want
             of
             money
             there
             was
             but
             little
             Trade
             and
             Traffique
             among
             the
             people
             ,
             either
             at
             home
             or
             broad
             ,
             Kings
             and
             Princes
             
             did
             not
             ,
             neither
             could
             they
             make
             that
             use
             of
             their
             Prerogative
             in
             laying
             Impositions
             ,
             as
             they
             had
             done
             in
             those
             latter
             times
             ;
             since
             all
             Arts
             and
             Sciences
             have
             been
             encreased
             ,
             all
             Commodities
             improved
             ,
             and
             the
             Riches
             of
             the
             East
             and
             West
             
               Indies
            
             have
             been
             transported
             into
             this
             Hemisphere
             .
             But
             now
             let
             us
             see
             whether
             the
             Kings
             and
             Princes
             of
             other
             Countries
             round
             about
             us
             at
             this
             day
             ,
             make
             not
             a
             far
             more
             profitable
             use
             of
             their
             Prerogatives
             in
             laying
             Impositions
             upon
             their
             people
             ,
             than
             the
             King
             of
             
               England
            
             doth
             ,
             albeit
             his
             Kingly
             power
             be
             full
             as
             large
             as
             any
             of
             theirs
             .
          
           
             In
             
               France
               ,
            
             
             the
             most
             richest
             and
             ancientest
             of
             the
             Neighbour
             Kingdoms
             ,
             the
             Impositions
             not
             onely
             upon
             Merchandizes
             crossing
             the
             Seas
             ,
             but
             also
             upon
             Lands
             ,
             Goods
             ,
             persons
             of
             men
             ,
             within
             the
             Realm
             are
             so
             many
             in
             number
             ,
             and
             in
             name
             so
             divers
             ,
             as
             it
             is
             a
             pain
             to
             name
             and
             collect
             them
             all
             ,
             and
             therefore
             it
             must
             needs
             be
             a
             more
             painfull
             thing
             for
             the
             people
             of
             that
             Kingdom
             to
             bear
             them
             all
             ,
             
               La
               tallie
               ,
               le
               
               tallon
               ,
               les
               aids
               ,
               les
               aquavalentas
               ,
               les
               equi
               pollentes
               ,
               les
               cruces
               ,
            
             or
             augmentations
             of
             divers
             kinds
             ,
             
               le
               hop
               benevolence
               ,
               la
               Gabelle
               ,
            
             upon
             Salt
             ,
             amounting
             to
             an
             exceeding
             great
             Revenue
             ;
             the
             Impost
             of
             Wines
             upon
             every
             Vessell
             carried
             into
             any
             walled
             Towns
             or
             Suburbs
             thereof
             ,
             and
             payable
             ,
             although
             it
             be
             transported
             thence
             again
             ,
             before
             it
             be
             sold
             ,
             
               la
               hault
               passage
            
             or
             
               de
               maine
               forrein
               ,
            
             for
             Merchandizes
             exported
             ,
             
               le
               traject
               forrene
               ,
            
             for
             Merchandizes
             imported
             ,
             
               la
               solid
               de
               Cinquants
               mil
               holmes
               ,
            
             imposed
             upon
             Cities
             ,
             &
             walled
             Towns
             ,
             and
             the
             Suburbs
             onely
             ,
             and
             after
             layd
             upon
             Town
             and
             Country
             ,
             without
             distinction
             ,
             the
             common
             positions
             for
             provisions
             ;
             the
             tenthes
             paid
             by
             all
             Ecclesiasticall
             persons
             :
             These
             and
             other
             Impositions
             of
             the
             like
             nature
             ,
             are
             layd
             and
             levied
             upon
             the
             Subjects
             of
             
               France
               ,
            
             by
             the
             absolute
             power
             and
             Prerogative
             of
             the
             King
             ,
             and
             though
             many
             of
             these
             were
             imposed
             at
             first
             upon
             extraordinary
             occasions
             ,
             and
             set
             but
             for
             a
             time
             ,
             yet
             the
             succeeding
             Princes
             have
             continued
             them
             from
             time
             to
             time
             ,
             and
             the
             most
             part
             of
             them
             made
             ordinary
             
             and
             perpetuall
             by
             King
             
               Lewis
            
             the
             11.
             who
             was
             wont
             to
             say
             ,
             
               France
            
             was
             a
             Meadow
             ,
             which
             he
             could
             have
             mowed
             as
             often
             as
             he
             pleased
             .
          
           
             In
             
               Spain
            
             there
             is
             an
             Imposition
             named
             
               Alcavala
               ,
            
             
             imposed
             as
             well
             upon
             the
             Nobility
             ,
             as
             the
             Commons
             ,
             which
             was
             first
             raised
             by
             
               Alphonsus
            
             the
             12.
             to
             expell
             the
             
               Mores
               ,
            
             and
             for
             the
             expurgation
             of
             
               Algiers
               ,
            
             but
             afterwards
             it
             was
             made
             perpetuall
             ,
             and
             is
             now
             a
             principall
             part
             of
             the
             Royall
             Patrimony
             ,
             
               Gutturis
               de
               Gabellis
               ,
               Quaest.
            
             174.
             
             this
             Imposition
             was
             at
             first
             but
             the
             twentieth
             part
             ,
             but
             afterwards
             it
             was
             raised
             to
             the
             tenth
             of
             every
             mans
             Estate
             ,
             which
             doth
             far
             surmount
             the
             highest
             Impositions
             that
             ever
             were
             layd
             in
             
               England
               ,
            
             by
             the
             Kings
             Prerogative
             ,
             without
             Act
             of
             Parliament
             .
          
           
             This
             
               Al●avali
            
             is
             an
             Imposition
             within
             the
             Land
             ,
             but
             the
             Impositions
             upon
             Merchandizes
             exported
             and
             imported
             ,
             are
             far
             higher
             ,
             especially
             upon
             Merchants
             Strangers
             ,
             for
             their
             common
             Impositions
             upon
             Strangers
             is
             five
             parts
             upon
             the
             hundred
             ,
             and
             in
             the
             year
             1604.
             they
             imposed
             thirty
             
             of
             the
             hundred
             ,
             as
             is
             before
             declared
             ;
             and
             upon
             the
             Ingate
             of
             
               Indian
            
             Spices
             into
             
               Portugall
               ,
            
             the
             King
             of
             
               Spain
            
             doth
             lay
             the
             greatest
             rates
             that
             ever
             were
             set
             in
             
               Christendome
               ,
            
             although
             upon
             the
             outgate
             the
             rates
             are
             more
             moderate
             .
          
           
             In
             
               Italy
            
             the
             Impositions
             and
             Gabells
             set
             upon
             every
             kind
             of
             thing
             by
             the
             States
             and
             Princes
             there
             ,
             are
             intolerable
             and
             innumerable
             .
          
           
             
               Non
               mihi
               si
               Centum
               Linguae
               sunt
               or
               aque
               Centum
               ,
            
             
               Ferrea
               vox
               Italorum
               omnes
               numerare
               gabellas
               ,
            
             
               Cunct
               a
               gabellarum
               percurrere
               nomina
               possem
               .
            
          
           
             Especially
             upon
             the
             great
             Towns
             and
             Teritories
             that
             are
             subject
             to
             the
             Great
             Duke
             of
             
               Tusknie
               ,
            
             
             where
             there
             is
             not
             any
             roots
             ,
             nor
             any
             herb
             ,
             nor
             the
             least
             thing
             that
             is
             necessary
             for
             the
             life
             of
             man
             ,
             that
             is
             bought
             and
             sold
             ,
             or
             brought
             into
             any
             Town
             ,
             but
             there
             is
             a
             Gabell
             or
             Imposition
             set
             upon
             it
             ;
             where
             no
             Inholder
             ,
             Baker
             ,
             Brewer
             ,
             or
             
             Artificer
             can
             exercise
             his
             Trade
             ,
             but
             the
             Great
             Duke
             will
             share
             with
             him
             in
             his
             gain
             ,
             by
             laying
             some
             Imposition
             upon
             him
             ;
             where
             no
             man
             can
             travell
             by
             Land
             ,
             or
             by
             Water
             ,
             but
             at
             every
             Bridge
             ,
             at
             every
             Ferry
             ,
             at
             every
             Wharf
             or
             Key
             ,
             at
             every
             Gate
             of
             a
             Town
             ,
             the
             Garbellor
             arrests
             him
             ,
             and
             is
             ready
             to
             strip
             him
             naked
             ,
             to
             search
             what
             goods
             he
             hath
             about
             him
             ,
             for
             which
             he
             ought
             to
             pay
             the
             Garbell
             .
          
           
             In
             the
             Popes
             Territories
             the
             Impositions
             
             which
             His
             Holinesse
             doth
             lay
             upon
             his
             Subjects
             as
             a
             Temporall
             Prince
             ,
             are
             as
             many
             ,
             and
             as
             heavy
             ,
             as
             those
             that
             are
             levied
             by
             the
             Duke
             of
             
               Tuskanie
               ,
            
             in
             so
             much
             as
             when
             
               Sixtus
               Quintus
            
             
             had
             set
             an
             Imposition
             upon
             every
             thing
             that
             served
             for
             the
             use
             of
             mans
             life
             ,
             
               Pasquill
            
             made
             hast
             to
             dry
             his
             Shirt
             in
             the
             Sun
             ,
             fearing
             the
             Pope
             would
             set
             some
             Imposition
             upon
             the
             heat
             of
             the
             Sun
             ,
             
               mi
               astingo
            
             (
             saith
             he
             )
             in
             the
             16.
             
               sole
               sevenda
               ;
            
             I
             omit
             to
             speak
             of
             the
             Exactions
             of
             the
             Court
             of
             
               Rome
               ,
            
             in
             another
             kind
             ,
             which
             are
             infinite
             ,
             and
             which
             long
             lay
             heavie
             upon
             the
             Western
             Countries
             of
             
               Christendome
               ,
            
             untill
             
             of
             late
             years
             some
             Nations
             did
             free
             themselves
             thereof
             ,
             by
             rejecting
             the
             Yoke
             of
             the
             Bishop
             of
             
               Rome
               .
            
          
           
             In
             the
             Seigniory
             of
             
               Venice
               ,
            
             
             the
             Gabells
             upon
             the
             Land
             were
             more
             moderate
             than
             in
             the
             other
             parts
             of
             
               Italy
               ;
            
             But
             that
             City
             being
             the
             Lady
             of
             the
             
               Adriatique
               Sea
               ,
            
             doth
             use
             by
             prescription
             a
             high
             Prerogative
             ,
             in
             laying
             Impositions
             upon
             all
             Merchandizes
             arriving
             within
             the
             Gulf
             ,
             
               Civitas
               Venetiorum
            
             (
             saith
             Baltholus
             )
             
             
               potest
               pro
               maritmeis
               mercibus
               Gabellas
               imponere
               ,
               quia
               est
               Civitas
               in
               Mari
               situata
               ,
               &
               Veneti
            
             (
             saith
             Baldus
             )
             
               ex
               consuetudine
               sunt
               domini
               maris
               Adriatici
               &
               possunt
               statuere
               super
               Gabellis
               maris
               ,
            
             
             wherein
             they
             observe
             a
             profitable
             and
             politique
             course
             ,
             for
             upon
             the
             Commodities
             of
             other
             Nations
             which
             are
             of
             goods
             in
             their
             Common-wealth
             ,
             they
             lay
             the
             easier
             Impositions
             ,
             sometimes
             five
             ,
             sometimes
             seven
             ,
             sometimes
             ten
             ,
             upon
             the
             hundred
             ,
             which
             doth
             exceed
             the
             highest
             Imposition
             in
             
               England
               ,
            
             five
             in
             the
             hundred
             at
             the
             least
             .
          
           
             In
             the
             Low
             Countries
             the
             Impositions
             
             which
             they
             call
             Exeizes
             ,
             paid
             by
             
             the
             Retaylors
             of
             Wines
             and
             other
             Cōmodities
             ,
             and
             not
             by
             the
             Merchant
             ,
             are
             the
             highest
             in
             
               Christendome
               ;
            
             and
             yet
             we
             perceive
             that
             people
             to
             thrive
             and
             grow
             rich
             withall
             ,
             for
             an
             improved
             high
             rent
             doth
             so
             quicken
             the
             industrie
             of
             the
             Farmer
             ,
             as
             he
             thriveth
             oftentimes
             better
             than
             his
             Neighbour
             who
             is
             a
             Free-holder
             and
             payeth
             no
             rent
             at
             all
             ;
             howbeit
             ,
             to
             draw
             Trade
             ,
             and
             to
             invite
             all
             Nations
             to
             Comerce
             with
             them
             ,
             &
             so
             to
             make
             their
             Country
             a
             Staple
             ,
             Store-house
             ,
             or
             Magizen
             of
             all
             
               Europe
               ,
            
             they
             do
             set
             but
             easie
             rates
             upon
             Merchandizes
             imported
             ,
             but
             when
             they
             once
             have
             gotten
             their
             cōmodities
             in
             to
             their
             hands
             ,
             if
             any
             Merchant
             will
             export
             the
             same
             again
             ,
             hee
             shall
             pay
             a
             greater
             Custome
             .
          
           
             The
             Grand
             Seignior
             of
             
               Turkie
            
             
             doth
             impose
             sometimes
             ten
             in
             the
             hundred
             ,
             sometimes
             twenty
             in
             the
             hundred
             upon
             Merchant
             Strangers
             ,
             who
             Trade
             into
             the
             
               Levant
               ;
            
             and
             I
             could
             speak
             of
             his
             other
             Exactions
             and
             Impositions
             upon
             his
             Vassalls
             ,
             but
             that
             I
             think
             it
             not
             meet
             to
             compare
             that
             Regions
             Tyrant
             ,
             to
             the
             Princes
             and
             States
             of
             
               Christendome
               .
            
          
           
           
             I
             may
             remember
             at
             last
             ,
             the
             Great
             Toll
             which
             the
             King
             of
             
               Denmark
            
             
             taketh
             of
             every
             Ship
             that
             passeth
             into
             the
             
               Sound
               ,
            
             taking
             advantage
             of
             a
             narrow
             Straight
             between
             
               Elsmore
            
             and
             
               Copman
            
             Haven
             ;
             whereas
             the
             King
             of
             
               England
            
             being
             the
             undoubted
             Lord
             of
             the
             Narrow
             Seas
             ,
             between
             
               Dover
            
             and
             
               Callis
               ,
            
             might
             take
             the
             like
             Toll
             if
             it
             pleased
             him
             ,
             and
             by
             the
             same
             right
             might
             participate
             of
             the
             great
             gain
             of
             Fishing
             which
             the
             Busses
             of
             
               Holland
            
             and
             
               Zeland
            
             do
             make
             yearly
             upon
             the
             Coasts
             of
             
               Great
               Britain
               .
            
          
           
             Thus
             we
             see
             by
             this
             comparison
             ,
             that
             the
             King
             of
             
               England
            
             doth
             lay
             but
             his
             little
             Finger
             upon
             his
             Subjects
             ,
             when
             other
             Princes
             and
             States
             do
             lay
             their
             heavy
             loins
             upon
             their
             people
             ;
             what
             is
             the
             reason
             of
             this
             difference
             ?
             from
             whence
             commeth
             it
             ?
             assuredly
             not
             from
             a
             different
             Power
             or
             Prerogative
             ,
             for
             the
             King
             of
             
               England
            
             is
             as
             absolute
             a
             Monarch
             ,
             as
             any
             Emperor
             or
             King
             in
             the
             world
             ,
             and
             hath
             as
             many
             Prerogatives
             incident
             to
             his
             Crown
             ;
             whence
             then
             proceedeth
             it
             ?
             to
             what
             profitable
             cause
             may
             we
             ascribe
             it
             ?
             
             certainly
             to
             divers
             causes
             profitable
             ,
             and
             principally
             to
             these
             causes
             ,
             following
             .
             First
             ,
             our
             King
             of
             
               England
            
             hath
             alwayes
             gone
             before
             ,
             and
             beyond
             all
             other
             Kings
             in
             
               Christendome
            
             in
             many
             points
             of
             Magnificency
             ,
             and
             especially
             in
             this
             ,
             That
             they
             have
             alwayes
             had
             a
             more
             Rich
             and
             Royall
             Demean
             belonging
             to
             the
             Crown
             ,
             I
             mean
             more
             large
             and
             Royall
             Patrimony
             in
             Lands
             and
             Rents
             ,
             than
             ever
             any
             Christian
             King
             had
             before
             ,
             or
             now
             hath
             at
             this
             day
             ;
             for
             it
             is
             certain
             ,
             that
             the
             Revenues
             of
             other
             Princes
             and
             States
             do
             principally
             consist
             in
             such
             Gabells
             ,
             Impositions
             ,
             and
             Exactions
             ,
             as
             are
             before
             remembred
             ,
             and
             not
             in
             
               terra
               firma
               ,
            
             not
             in
             such
             a
             Reall
             and
             Royall
             Patrimony
             as
             hath
             ever
             belonged
             to
             the
             Crown
             of
             
               England
               ,
            
             and
             therefore
             other
             Kings
             being
             lesse
             able
             to
             maintain
             their
             Estates
             ,
             or
             more
             covetous
             in
             their
             own
             Nature
             ,
             have
             laid
             heavier
             Burthens
             upon
             their
             Subjects
             ,
             than
             ever
             the
             King
             of
             
               England
            
             hath
             layd
             ,
             or
             will
             do
             ,
             or
             hereafter
             hath
             need
             to
             do
             ,
             God
             be
             blessed
             for
             it
             ;
             the
             Kings
             of
             
               England
            
             have
             had
             the
             Princes
             Portion
             
             spoken
             of
             before
             in
             45
             of
             
               Ezekiel
               ,
            
             
             and
             therefore
             they
             had
             no
             need
             so
             to
             oppresse
             the
             people
             .
          
           
             Again
             ,
             we
             may
             ascribe
             this
             difference
             to
             the
             bounty
             and
             noble
             nature
             of
             our
             Kings
             ,
             that
             they
             would
             never
             descend
             to
             those
             poor
             and
             sordid
             Exactions
             which
             other
             Princes
             &
             States
             do
             take
             of
             their
             Subjects
             ,
             
               Sordidum
               putandum
               est
               aurum
               quod
               ex
               lachrimis
               oritur
               ,
            
             as
             a
             good
             Counseller
             told
             
               Vespasian
               .
            
          
           
             Again
             ,
             we
             may
             ascribe
             it
             to
             the
             wisdom
             and
             policy
             of
             our
             Kings
             ,
             who
             would
             never
             follow
             the
             Counsell
             of
             
               Rehoboams
            
             younger
             Counsellers
             ,
             
               boni
               pastoris
               est
               oves
               tondere
               non
               diglubere
               ,
            
             as
             
               Tiberius
            
             the
             Emperor
             was
             wont
             to
             say
             ,
             
               Odi
               hortulanum
            
             (
             saith
             Alexander
             )
             
               qui
               ab
               radice
               olera
               excindit
               ;
               qui
               nimis
               emergit
               elicit
               sanguinem
               ,
            
             saith
             
               Solomon
               ,
            
             
             they
             well
             considered
             that
             the
             money
             levied
             by
             Taxes
             and
             Impositions
             ,
             is
             the
             blood
             of
             the
             people
             ,
             which
             is
             not
             to
             bee
             let
             out
             in
             any
             great
             quantity
             ,
             but
             to
             save
             the
             life
             ,
             as
             it
             were
             ,
             of
             the
             Common-wealth
             ,
             when
             she
             is
             sick
             ,
             indebted
             ,
             and
             in
             great
             danger
             .
          
           
           
             Again
             ,
             it
             may
             be
             ascribed
             to
             their
             Piety
             and
             Religion
             which
             moved
             them
             to
             follow
             the
             counsell
             of
             the
             Divine
             Rule
             ,
             
               Deut.
               17
               :
            
             
             where
             the
             King
             is
             warned
             not
             to
             multiply
             upon
             him
             much
             Gold
             and
             Silver
             ,
             for
             that
             indeed
             there
             doth
             seldome
             come
             good
             by
             great
             Treasure
             heapt
             up
             by
             a
             great
             Prince
             ,
             for
             it
             doth
             but
             nourish
             Pride
             and
             Ambition
             in
             him
             ,
             and
             stir
             him
             up
             many
             times
             to
             make
             an
             unjust
             Warre
             upon
             his
             Neighbours
             ;
             or
             if
             he
             leave
             it
             unto
             his
             Successers
             ,
             it
             makes
             them
             luxurious
             and
             vitious
             ,
             which
             draweth
             with
             it
             sometimes
             the
             ruin
             of
             the
             kingdome
             ,
             
               sed
               optimus
               &
               certissimus
               thesaurus
               Principis
               est
               in
               loculis
               subditorum
               ,
            
             saith
             the
             learned
             
               Buterus
               ,
            
             
             in
             his
             Book
             against
             
               Machiavill
               ,
            
             let
             the
             King
             ,
             saith
             he
             ,
             have
             a
             care
             to
             maintain
             Religion
             ,
             and
             Justice
             ,
             and
             Peace
             ,
             in
             his
             Kingdom
             ,
             this
             will
             soon
             bring
             plenty
             ,
             with
             a
             continuall
             increase
             ,
             and
             make
             a
             rich
             and
             wealthy
             people
             ;
             then
             shall
             the
             King
             never
             want
             money
             to
             serve
             his
             just
             ,
             and
             necessary
             ,
             and
             honourable
             occasions
             ;
             for
             it
             is
             impossible
             the
             Soveraign
             should
             be
             poor
             when
             the
             
             Subjects
             are
             rich
             ,
             and
             untill
             occasions
             do
             arise
             ,
             the
             Coffers
             of
             his
             Subjects
             will
             be
             his
             best
             Exchequer
             ;
             they
             will
             be
             his
             Treasurers
             ,
             they
             will
             be
             his
             Receivers
             ,
             his
             Tellers
             without
             fees
             or
             wages
             ,
             no
             bad
             Accomptant
             shall
             deceive
             him
             ,
             nor
             no
             Bankrupt
             Officer
             shall
             deceive
             him
             ,
             they
             will
             keep
             the
             Treasure
             of
             the
             Kingdom
             so
             frugally
             ,
             as
             no
             Importunate
             Courtier
             shall
             be
             able
             to
             withdraw
             the
             same
             from
             a
             Prince
             ,
             but
             that
             it
             shall
             still
             remain
             in
             store
             to
             supply
             the
             necessities
             of
             the
             Common
             wealth
             .
          
           
             Lastly
             ,
             our
             Kings
             of
             
               England
            
             in
             their
             wisdoms
             ,
             well
             understood
             the
             natures
             and
             dispositions
             of
             their
             people
             ,
             and
             knowing
             them
             to
             be
             a
             free
             ,
             generous
             ,
             and
             noble
             Nation
             ,
             held
             them
             not
             fit
             to
             be
             beaten
             with
             
               Rehoboams
            
             Rod
             ,
             esteemed
             them
             too
             good
             to
             be
             whipt
             with
             Scorpions
             ,
             and
             therefore
             God
             be
             blessed
             ,
             we
             have
             not
             in
             
               England
               ,
            
             the
             Gabeller
             standing
             at
             every
             Towns
             end
             ;
             we
             have
             not
             a
             Publican
             in
             every
             Market
             ,
             we
             pay
             not
             a
             Gabell
             for
             every
             Bunch
             of
             Reddish
             ,
             or
             Branch
             of
             Rosemary
             sold
             in
             
               Cheap-side
               ,
            
             we
             have
             none
             
             of
             those
             Harpies
             which
             do
             swarm
             in
             other
             Countries
             ,
             we
             have
             no
             complaining
             in
             the
             streets
             ,
             as
             is
             said
             in
             the
             144.
             
             
               Psalm
               ;
            
             
             and
             therefore
             I
             may
             well
             conclude
             with
             the
             conclusion
             of
             that
             Psalm
             ,
             Happy
             are
             the
             people
             that
             are
             in
             such
             a
             case
             ,
             blessed
             is
             the
             people
             that
             have
             the
             Lord
             for
             their
             God
             above
             in
             Heaven
             ,
             and
             King
             
               Iames
            
             for
             their
             King
             here
             upon
             Earth
             .
          
           
             FINIS
             .
          
        
      
    
     
       
       
         
           These
           Books
           following
           ,
           are
           printed
           for
           Henry
           Twyford
           ,
           and
           Partners
           ,
           and
           are
           to
           be
           sold
           at
           his
           Shop
           in
           Vine-Court
           Middle
           Temple
           .
        
         
           THe
           Compleat
           Attorney
           ,
           or
           the
           Practick
           par●
           of
           the
           Law
           .
        
         
           A
           Learned
           Treatise
           of
           Wards
           and
           Liveries
           ,
           by
           Sir
           
             Iames
             Ley
          
           Knight
           .
        
         
           The
           Life
           of
           the
           Apostle
           St.
           
             Paul
             .
          
        
         
           Soliloquies
           ,
           Meditations
           ,
           and
           Prayers
           ,
           of
           St.
           
             Bonaventure
             .
          
        
         
           The
           discontented
           Collonel
           ,
           by
           Sir
           
             Iohn
             Sucklin
             .
          
        
         
           The
           
             European
          
           Mercury
           .
        
         
           The
           humble
           Remonstrance
           of
           Sir
           
             Iohn
             Stawell
             .
          
        
         
           
             Hebdomada
             Magna
             ,
          
           or
           the
           great
           Week
           of
           Christ's
           Passion
           .
        
         
           Sir
           
             Robert
             Brooks
          
           Reading
           on
           the
           Statute
           of
           
             Limitations
             .
          
        
         
           
             Kitchens
          
           Jurisdictions
           of
           Courts
           Leet
           ,
           Courts
           Baron
           ,
           
             &c.
             
          
        
         
           
             Rich.
             Brownlow
          
           
             Esq
          
           Prothonotary
           to
           the
           Court
           of
           Common
           Pleas
           .
        
         
           
             Reports
             ,
             the
             first
             and
             second
             Part.
             
             
               
                 His
              
            
          
           
             Declarations
             and
             Pleadings
             English
             .
          
           
             Judiciall
             Writs
             .
          
        
         
           
             Plowdens
          
           Abridgment
           .
        
         
           Abridgment
           of
           Lord
           
             Cook's
             Littleton
             .
          
        
         
           Abridgement
           of
           
             Pulton's
          
           Statutes
           at
           large
           ,
           by
           
             Edmund
             Wingate
          
           
             Esq
          
        
         
         
           The
           Books
           of
           the
           drawing
           up
           of
           all
           manner
           of
           Judgments
           .
        
         
           The
           Body
           of
           Law
           ,
           by
           
             Edmund
             Wingate
          
           
             Esq
          
        
         
           The
           Marrow
           of
           Law
           ,
           or
           the
           second
           part
           of
           the
           Faithfull
           Counsellor
           .
        
         
           Office
           and
           duty
           of
           Executors
           in
           8.
           
        
         
           Lay-mans
           Lawyer
           ,
           or
           the
           second
           part
           of
           the
           Practick
           part
           of
           the
           Law
           .
        
         
           A
           Commentary
           on
           the
           Original
           Writs
           ,
           by
           
             William
             Hughes
          
           
             Esq
          
        
         
           
             Stevenson's
          
           Poems
           .
        
         
           The
           Anabaptists
           Anatomised
           ,
           in
           a
           Dispute
           between
           Mr.
           
             Crag
             ,
          
           and
           Mr.
           
             Tombes●
          
        
         
           
             Caesars
          
           Commentaries
           ,
           with
           Sir
           
             Clement
             Edmunds
          
           Observations
           .
        
         
           The
           Compleat
           Clark
           ,
           and
           Scriveners
           guide
           ,
           being
           the
           exact
           Forms
           of
           all
           manner
           of
           Conveyances
           and
           Instruments
           now
           in
           use
           ;
           as
           they
           were
           Penned
           by
           Learned
           Counsel
           ,
           both
           Ancient
           and
           Modern
           .
        
         
           The
           Counesse
           of
           
             Arundells
          
           Secrets
           in
           Physick
           and
           Chirurgery
           ,
           
             &c.
             
          
        
         
           The
           History
           of
           the
           Troubles
           of
           
             Swethland
          
           and
           
             Poland
             .
          
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A37240e-1930
           
             Iustinian
             
          
           
             Doct.
             &
             Stud.
             1.
             lib.
             cap.
             2.
             
          
           
             Baldus
             .
          
           
             Baldus
             .
          
           
             Strabo
             .
          
           
             Iustinian
             
          
           
             halicar.
             .
             lib.
             3.
             
          
           
             Bracton
             .
          
           
             stampford
             pràrogat
             .
             Regis
             fol.
             37.
             6.
             
          
           
             19
             E.
             4.
             6.
             
          
           
             37
             E.
             6.
             20
             
          
           
             11
             H.
             4.
             
          
           
             Com.
             316
             
          
           
             7
             E.
             4.19
             .
          
           
             3.
             R.
             3.
             2.
             
          
           
             Magna
             Charta
             .
             cap.
             30.
             
          
           
             Vlpian
             .
          
           
             13
             Edw.
             4.
             9
             ,
             10.
             
          
           
             Reg.
             fol.
             135.
             
          
           
             F.
             N.
             117.
             
             D.
             
          
           
             F.
             N.
             117.
             
             D.
             
          
           
             2
             E.
             3.
             
          
           
             Regist.
             259.
             
               a.
               
            
          
           
             Bodin
             .
          
           
             Register
             122
             6.
             
          
           
             46.
             
             Hen.
             3
             
          
           
             Rot.
             Pa.
             3.
             
             E
             :
             1.
             m.
             19.
             in
             Archis
             turris
             London
             .
          
           
             3
             Edw.
             1.
             
          
           
             27
             E.
             3.
             Cap.
             2.
             
          
           
             Cicero
             .
          
           
             13
             E.
             4.
             9.
             
          
           
             Lex
             Civilis
             .
          
           
             Cicero
             offic.
             li
             .
             2.
             
          
           
             Bodin
             de
             repub.
             li
             .
             2
             cap.
             8.
             
          
           
             Bodin
             .
          
           
             Stephen
             
               King
               of
            
             Spain
             .
          
           
             Pope
             
               Eluther
               .
            
          
           
             1●
             R.
             2.
             
          
           
             Chopinns
             .
          
           
             Rhodians
             .
          
           
             The
             Canon
             Law
             .
          
           
             Decret.
             causae
             24
             Quaest.
             3.
             
          
           
             Canonists
             .
          
           
             Poll-money
             .
          
           
             
               St.
            
             Paul
             .
          
           
             Fortescue
             
          
           
             1
             H.
             7.
             fol.
             23.
             
          
           
             3
             Edw.
             1
             pat
             .
             m
             21
             
          
           
             F.
             N.
             170
             D.
             
          
           
             Register
             of
             Writs
             ,
             fol.
             107.
             
          
           
             Custome
             and
             Toll
             .
          
           
             Strabo
             .
          
           
             38
             H.
             8.
             
             Dyer
             43.
             
          
           
             Edw.
             1.
             
          
           
             Edw.
             2.
             
          
           
             Edw.
             3.
             
          
           
             
               Bates
            
             case
             de
             Currans
             in
             Sccio
             .
             per
             
               Flem●ing
            
             chief
             Baron
             .
          
           
             3
             Edw.
             1.
             
          
           
             3
             Edw.
             1.
             
               Rot.
               fin
               .
               memb.
               24.
               
            
          
           
             Statute
             25
             E.
             1.
             
          
           
             Dyer
             29.
             
          
           
             30
             H.
             8.
             43.
             
          
           
             31
             Ed
             3.
             60.
             
          
           
             27
             E.
             3.
             
          
           
             Prizage
             and
             Butlerage
             .
          
           
             52
             H.
             3.
             
          
           
             31
             Ed.
             1.
             
          
           
             Gauger
             .
          
           
             Alneger
             .
          
           
             14
             Ed.
             2.
             
          
           
             Customer
             .
             Comtroller
             .
             Searcher
             
          
           
             25
             E.
             1.
             
          
           
             3
             Ed.
             2.
             
          
           
             11
             E.
             2.
             
          
           
             The
             Writ
             to
             his
             Collecttors
             of
             his
             Customs
             .
          
           
             Collectors
             of
             his
             Customs
             .
          
           
             Raimundus
             Lullius
             .
          
           
             1
             Ed.
             1.
             
          
           
             Rot.
             fin
             .
             m.
             30.
             in
             Archivis
             Turris
             .
          
           
             Le
             Records
             .
             17
             Ed
             :
             3.
             Rot.
             308.
             in
             Sccio
             Angliae
             ,
             &c
             :
          
           
             
               12
               Ed.
               3.
            
             Rot.
             Almaniae
             pars
             1.
             numb.
             3.
             
          
           
             
               31
               Ed.
               3.
            
             Rot.
             Parl.
             numb.
             24.
             
          
           
             13
             Ed.
             1.
             
          
           
             14
             Ed.
             3.
             
          
           
             Staple
             at
             Callis
             .
          
           
             E.
             3.
             
          
           
             R.
             2.
             H.
             4.
             
          
           
             H.
             5.
             
          
           
             Dyer
             165
             12
             Eliz.
             
          
           
             12
             Eliz.
             
          
           
             Letters
             Patents
             
               28.
               
               Iuly
               ,
               6.
               
               Iac.
               
            
          
           
             Bodin
             lib.
             6
             :
             de
             repub.
             ca.
             2.
             
          
           
             Caligula
             :
          
           
             Appian
             .
             Cicero
             .
          
           
             12
             Ed.
             4.
             cap.
             5.
             
          
           
             Virgil
             .
          
           
             Plin.
             lib.
             19.
             cap.
             4.
             
          
           
             Tempore
             Edw.
             3.
             
          
           
             2
             Edw.
             1.
             
          
           
             2
             Edw.
             3.
             
          
           
             10
             Ed.
             3.
             
          
           
             17
             Hen.
             4
             
          
           
             Matthew
             Paris
             Histor.
             
             Magna
             p.
             568.
             
          
           
             10
             Hen.
             7.
             
             Stow.
             
          
           
             Fitz
             Avowry
             192.
             6
             
             Rich.
             2.
             protection
             .
             46
             Rot.
             Scotiae
             .
             nu
             .
             16
             in
             Arch
             Turris
             .
          
           
             Gen.
             1.
             
          
           
             Baldus
             .
          
           
             Strabo
             .
          
           
             stampford
             
          
           
             19.
             
             Ass.
             p.
             6.
             
          
           
             22.
             
             Ass.
             p
             :
             93.
             
          
           
             22
             Ed.
             4.
             
          
           
             4
             Edw.
             3.
             
          
           
             21
             Ed.
             3.
             
          
           
             16
             Ri.
             2.
             
          
           
             17
             H●
             .
             6.
             
          
           
             Tempore
             .
             Henry
             8.
             
          
           
             The
             K.
             of
             
               Spain's
            
             Imposition
             in
             An.
             1614.
             
          
           
             Magna
             Charta
             cap.
             30.
             
          
           
             46
             Ed.
             3.
             
          
           
             1
             Edw.
             3.
             
          
           
             Anno
             40.
             Elizabeth
             
          
           
             Object
             .
             1.
             
          
           
             The
             Answer
             to
             the
             1.
             
             Object
             .
          
           
             Object
             .
             2.
             
          
           
             The
             Answer
             to
             the
             2.
             
             Object
             .
          
           
             Solomon
             .
          
           
             Henry
             7.
             
          
           
             Poeta
             .
          
           
             Object
             .
             3.
             
          
           
             3
             Edw.
             2
             
          
           
             5
             Edw.
             2.
             
          
           
             13
             Ed.
             3.
             
          
           
             14
             Ed.
             3.
             
          
           
             12
             Ed.
             3.
             
          
           
             18
             Ed.
             3.
             
          
           
             22
             Ed.
             3.
             
          
           
             13
             Ed.
             3.
             
          
           
             Lord
             
               Latimer
               .
            
          
           
             Richard
             Lions
             .
          
           
             I.
             Peachy
             
          
           
             
               50
               Ed.
               3.
            
             Rot.
             Parl.
             numb.
             33.
             
          
           
             
               50
               Ed.
               3.
            
             Rot.
             Parl.
             num
             .
             191.
             in
             Arch.
             Turris
             .
          
           
             Dyer
             .
             1
             Eliz.
             fol.
             165.
             
          
           
             The
             Answer
             to
             Object
             .
             3.
             
          
           
             5
             Edw.
             2.
             
          
           
             Senatus
             Rome
             .
          
           
             Solomon
             .
          
           
             Iulius
             Caesar
             .
          
           
             Augustus
             Caesar
             .
          
           
             Edw.
             1.
             
          
           
             Edw.
             3.
             
          
           
             Nero
             .
          
           
             Edw.
             2.
             
          
           
             Rich.
             2.
             
          
           
             Petitions
             are
             of
             divers
             kinds
             ,
             &
             have
             divers
             Answers
             .
          
           
             Mayle
             〈…〉
             
          
           
             3
             Kings
             cap.
             12.
             
          
           
             14
             Ed.
             3.
             cap.
             12.
             
          
           
             Anno
             29
             Ed.
             3.
             
          
           
             6
             Edw.
             3.
             
          
           
             Rot.
             Parl.
             nu
             .
             4.
             13
             
          
           
             Edw.
             3.
             
          
           
             Rot.
             Parl.
             numb.
             5.
             18
             
          
           
             Ed.
             3.
             
          
           
             Rot.
             Parl.
             nu
             .
             10.
             26
             in
             Arch.
             Turris
             .
          
           
             28
             Ed.
             3.
             
          
           
             Rot.
             Parl.
             numb.
             27.
             
          
           
             38
             Ed.
             3.
             
          
           
             Rot.
             Parl.
             numb.
             26.
             
          
           
             6
             Edw.
             3.
             
          
           
             Rot.
             Parl.
             numb.
             4.
             
          
           
             
               Lions
            
             case
             50
             Ed.
             3.
             
               Rot.
               Parl.
               nu
               .
               17
               ,
               18.
               
            
          
           
             Lord
             Latimers
             ease
             .
          
           
             Peachies
             Case
             .
          
           
             1
             Eliz.
             Dyer
             .
             fol.
             165.
             
          
           
             Object
             .
             4.
             
          
           
             The
             Answer
             to
             the
             forth
             Object
             .
          
           
             Dyer
             44.
             
          
           
             Statute
             of
             Northampton
             .
             2
             Edw.
             3.
             
          
           
             Object
             .
             5.
             
          
           
             The
             Answer
             to
             the
             5.
             
             Object
             .
          
           
             Ed.
             4.
             
          
           
             Iulius
             Caesars
             
               Impositions
               .
            
          
           
             
               Tiberius
            
             the
             
               Roman
            
             Emperor
             .
          
           
             Caligula
             .
          
           
             Vespasian
             
          
           
             The
             Imposition
             of
             
               France
               .
            
          
           
             The
             
               Spanish
            
             Impositions
             .
          
           
             Gutturis
             degabellis
             Quaest.
             174
             .
          
           
             The
             D.
             of
             
               Tuskanies
            
             Impositions
             .
          
           
             The
             Impositions
             by
             the
             Pope
             .
          
           
             Sixtus
             Quintus
             .
          
           
             The
             Impositions
             of
             the
             Seigniory
             of
             
               Venice
               .
            
          
           
             Baltholus
             
          
           
             Baldus
             :
          
           
             The
             Impositions
             of
             the
             Low
             countries
             
          
           
             The
             Impositions
             of
             the
             Grand
             Seignior
             of
             
               Turkie
            
          
           
             The
             Impositions
             of
             
               Denmark
               .
            
          
           
             Ezek.
             45.
             
          
           
             Solomon
             .
          
           
             Deut.
             17.
             
          
           
             Buterus
             contra
             Machiavill
             .
          
           
             Psa.
             144
             .