A23868	----	An abstract of the charter to the governour and company of the Bank of England Charter Bank of England. 1695 Approx. 27 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A23868 Wing A127 ESTC R3104 12891082 ocm 12891082 95100 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A23868) Transcribed from: (Early English Books Online ; image set 95100) Images scanned from microfilm: (Early English books, 1641-1700 ; 1:29) An abstract of the charter to the governour and company of the Bank of England Charter Bank of England. 6 p. s.n., [London? : 1695] Caption title. Place and date of publication from Wing. Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tonnage fees -- England. Tariff on liquors -- England. Taxation -- Law and legislation -- England. 2006-03 TCP Assigned for keying and markup 2006-05 SPi Global Keyed and coded from ProQuest page images 2007-05 Taryn Hakala Sampled and proofread 2007-05 Taryn Hakala Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An Abstract of the Charter to the Governour and Company of the Bank of England . WHEREAS by an Act , Intituled , An Act for Granting to Their Majesties several Rates and Duties upon Tunnage , &c. It is Enacted , That for four years , from the first of June 1694. there shall be paid upon the Tunnage of all Vessels , wherein any Goods shall be Imported from any the Countries in the Act named , or Coast-wise , from Port to Port in England , the several Rates in the Act mentioned , and certain Additional Duties of Excise , on Beer , Ale , and other Liquors . And that Weekly , on every Wednesday , if not an Holy-Day , and if it be , the next day not an Holy-Day , all the Monies arising by the said Rates shall be paid into the Exchequer . And that Yearly , beginning from the first of June 1694 , the Sum of 140000 l. arising out of the said Duties and Rates ( in Case the Weekly Payments extend thereunto ) shall be the Yearly Fund , ( and if they do not extend thereunto ) then the said Weekly Payments , so far as they will extend , shall be part of the Yearly Fund : And in Case the said Duties and Rates shall be so low , as that within any one Year the Weekly Payment shall not amount to 140000 l. or be sufficient to answer the Annuities by the Act intended ; in such Case , the Commissioners of the Treasury are strictly enjoyned , without any Warrant from the King , to make good such Deficiency , out of any Treasure or Revenue of the Crown ( not appropriated ) Yearly to discharge the said Annuities . And that it should be Lawful for Their Majesties , to Commissionate any number of Persons to receive such Subscriptions as should be made before the first of Aug. next , by any Natives or Foreigners , or Corporations , towards paying , into the Exchequer , the Sum of 1200000 l. and that the Yearly Sum of 100000 l. shall be Appropriated to such Subscribers . And that the said Weekly Payments , as they come in , shall be divided into 5 / 7 parts , and 2 / 7 parts , which 5 / 7 parts shall be Appropriated to the paying of the said 100000 l. per Annum , and shall be paid as the same comes into the Exchequer , to the use of such Subscribers . And that the King may appoint how the said 1200000 l. and the said 100000 l. per Annum , shall be Assignable ; and may Incorporate such Subscribers by the Name of the Governour and Company of the Bank of England , subject to the Condition of Redemption . And if 1200000 l. or a Moiety , or greater part thereof , be not paid into the Exchequer , by the first of January 1694 , then the Subscribers shall have only after the Rate of 8 per Cent. per Ann. And the Commissioners of the Treasury are required without any Warrant from the King to pay the said 100000 l. per Annum to the Subscribers . And that no Person or Corporation shall Subscribe more than 20000 l. and every Subscriber , at the time of his Subscribing , shall pay down 1 / 4 of his Subscription , and in Default thereof , such Subscription shall be void ; that the Residue of the Subscriptions shall be paid into the Exchequer , before the first of January ; and in Default thereof , the first fourth part shall be Forfeit ; and that none before the first of July shall write above 10000 l. Provided if 1200000 l. or a Moiety thereof be not subscribed by the first of Aug. then the Powers for Erecting a Corporation shall cease : And in such Case , so much of the 100000 l. as shall belong to the Subscribers may be assignable ; and that the Monies payable by the Act to any Person , shall not be Chargeable with any Duties or Impositions , as by the said Act may appear . And whereas , Their Majesties by Commission under the Great Seal , did authorize divers Commissioners therein named to take such Subscriptions as should be made before the first of Aug. pursuant to the said Act ; and therein did promise , that in case 1200000 l. or a Moiety were subscribed before the said first of August , that His Majesty immediately after the said Day , or as soon as 1200000 l. should be subscribed , which should first happen , would incorporate the Subscribers by the name aforesaid , and did declare , that the whole Sum subscribed and paid , should be the Capital Stock ; and that all the Subscribers should have an Interest therein , and in the said 100000 l. per annum which Interest should be assignable , so as such Assignments be Entred and Registred , as in the said Commission is directed , as by the same may more fully appear . And Whereas , it appears by Duplicates transmitted into the Exchequer , under the Hands and Seals of Five or more of the Commissioners , that the Sum of _____ hath been subscribed , and the first fourth part thereof paid to them on , or before the _____ day of _____ last by And whereas , it also appears by the entries of several Assignments , made in the Auditors office , that are by mean Assignments , severally intituled to the Subscriptions , made by the said Their Majesties in pursuance of the Powers in the said Act do appoint , that the said and all and every other Persons , Natives , and Foreigners , and Bodies Politick , who over and besides the Persons before-named , have subscribed any Sum of Money towards the Sum of _____ and paid the fourth part thereof upon their Subscriptions , and who are now living and have not assigned , and all the Heirs and Successors of any the Original Subscribers now dead , who have not assigned in their life , and the Heirs and Successors of the Assigns now dead , who did not in their life assign ; and all Persons , Natives , or Foreigners , or Bodies Politick , who either as Original Subscribers , and not having parted with their Interests , or as Heirs , Successors , or Assigns , or by other lawful Title , have or shall have any Interest in the said Capital Stock , or Yearly Fund , so long as they have any Interest therein , shall be , and be called one Body Politick , &c. by the name of The Governour and Company of the Bank of England . That by that name they shall have perpetual Succession , and a Common Seal , and be capable to purchase and hold Lands and Tenements , and Goods , and Chattels ( not restrained by the Act ) and to grant or dispose the same . And shall sue and be sued , and do all other matters and things , that to them appertains , subject nevertheless to the Condition of Redemption in the Act mentioned , and to all other the Conditions and Clauses therein . That all Persons having any Interest in the said Capital Stock , or Yearly Fund , as Original Subscribers , or by Assignments , or as Heirs , &c. shall be , and be esteemed Members of the said Corporation , and be admitted into the same without Charge . That the aforesaid Sum of _____ subscribed as aforesaid , shall be , and be called the Capital Stock of the said Corporation , _____ and that all Persons , their Heirs , Successors , and Assigns , in proportion to the Sums by them respectively subscribed , shall have an Interest in the said Capital Stock , and Yearly Fund of 100000 l. That the Commissioners of the Treasury now , and for the time being , without any Warrant from the King , do direct their Warrants and Orders for Payment of the Yearly Sum of _____ to the said Corporation and their Successors for ever , by and out of the 5 / 7 parts of the Money , arising by the Duties granted by the said Act , ( Subject nevertheless to the Payment of the Issues , Fines , and Debts upon Judgment against the Corporation ) The first Year , to be reckoned from the first of June 1694. That the Commissioners of the Treasury , and the Officers of the Exchequer , do pay the said 5 / 7 parts of the Monies arising by the said Duties , or so much of it as shall be sufficient for this purpose to the said Governour and Company , and their Successors , by Weekly Payments or otherwise , as the same shall come into the Exchequer , in satisfaction of the said Yearly Sum of _____ And in case 5 / 7 parts of the said Weekly Payments intended to be the said Yearly , Fund , shall not amount to so much as the said Yearly Sum of _____ which is the Annual Fund Established for the said Corporation , then Their Majesties Grant and Agree with the said Corporation , that 5 / 7 parts of the said Weekly Payments , so far as the same will extend shall be part of the Yearly Sum of _____ And if the said Duties shall at any time appear to be so deficient , as that within any one Year to be reckoned from the said First of June 5 / 7 parts of the Weekly Payments on the said Duties shall not amount to so much as _____ within the same Year : Then the Commissioners of the Treasury , without other Warrant from the King , shall make good every such deficiency , by paying so much of any Treasure of the King's ( not appropriated by Parliament ) toward the Payment of the said yearly Fund of _____ as ( together with 5 / 7 part of the Moneys , paid into the Exchequer for the said Duties ) shall compleatly pay off the said Yearly Fund of _____ according to the meaning of the said Act. That for the better ordering the Affairs of the Corporation , and for a succession of Persons to be Governor , Deputy , and Directors thereof , there shall be for ever a Governor , Deputy , and 24 Directors , who , or any 13 , or more of them ( whereof the Governor or Deputy to be one ) shall be , and be called a Court of Directors , for the ordering the Affairs of the said Corporation with such Powers as are hereafter mentioned . That ( who is chosen for this purpose by a Majority of the Subscribers having each 500 l. Stock ) be the first Governor , and who is chosen in like manner , be the first Deputy-Governor , and who are chosen in like manner , be the first Directors of the said Corporation . That the said Governor , Deputy , and Directors , shall continue in their Offices till the 25th . of March , 1696 , and till others be chosen and sworn , unless any of them shall dye , or be removed , as is after-mentioned . That all the Members of the Corporation may meet for the Choice of their Governor , Deputy , and Directors , and for the making By-Laws for the Corporation , or other their Affairs ( publick Notice being affixed at the Royal Exchange Two days at least before the said Meeting ) That all the Members , or so many as meet , shall be called a General Court , which shall assemble in manner hereafter mentioned . That all succeeding Governors , Deputies , and Directors , after the 25th . of March , 1696. shall be yearly chosen forever between the 25th . of March , and the 25th . of April in each Year , by the Majority of the Members , having each 500 l. Stock , who shall be personally present , and each have One Vote and no more ; which Governor , Deputy , and Directors , shall continue in their Offices for one Year , and till others be chosen and sworn . And in case of the Death , Avoidance , or Removal of the Governor , Deputy , or Directors , the Survivor of them , or the Majority of those in Office , may Elect other Persons as aforesaid . That every Deputy in the Absence of the Governor shall have the same power as a Governor . That no Person shall be an Elector for the Choice of Governor , Deputy , or Directors , or making of By-Laws , or in any other the Affairs of the Corporation , who shall not have in his own Right , and not in Trust , 500 l. Stock ; and also take the Oath hereafter mentioned , if required , viz. I A. B. do swear , That the Sum of 500 l. or more of the Capital Stock of the Governor and Company of the Bank , &c. doth at this time belong to me in my own Right , and not in Trust . That no Member in any Election , or other Business of the Corporation , shall have more than one Vote . Provided that any Quaker who shall have 500 l. Stock , and shall ( if required ) sign the following Declaration ; viz. I A. B. Do solemnly declare in the Presence of God , That the Summ of 500 l. or more , of the Capital Stock of the Governor and Company of the Bank , &c. at this time belongs to me in my own Right and not in Trust , shall have a Vote at any General Court. That the Governor or Deputy , or any two of the Directors , do administer the said Oath and Declaration . That no Person shall be Governor , unless he be a Natural-born , or Naturalized Subject , and shall then have in his own Right 4000 l. Stock . That none shall be chosen Deputy , unless at such time he be a Natural-born , or Naturalized Subject , and shall then have in his own Right 3000 l. Stock . That none be chosen a Director , who shall not be a Natural-born , or Naturalized Subject , and shall then have in his own Right 2000 l. Stock . That no Governor , Deputy , or Director , shall continue in their Offices longer than the continuance of their respective Stocks in their own Rights ; but upon reducing their Stocks to any lesser Summ than as aforesaid , their respective Offices shall determine , and others be chosen in their Places by a General Court. Provided that the said appointed to be the first Governor , or any hereafter chosen into the said Office , shall not execute the said Office , until he hath taken the Oaths appointed to be taken by the Act , made for Abrogating the Oaths of Supremacy and Allegiance ; and , until he hath taken the Oath following , viz. I A. B. do swear , That the Summ of 4000 l. of the Capital Stock of the Governor and Company , &c. doth at this time belong to me in my own Right , and not in Trust : And another Oath , viz. I A. B do swear , That I will to the utmost of my Power , support the Fellowship of the Governor and Company of the Bank , &c. and that in the Execution of the said Office , I will honestly demean my self according to the best of my Skill . Which Oaths , to the first Governor , may be administred by the Lord Keeper , or the Chief Baron ; and to any future Governor , by the Lord Chancellor , or Lord Keeper , or by the Chancellor , or Chief Baron of the Exchequer , or by the last preceeding Governor , or Deputy , or ( in case a Deputy be sworn ) by such a Deputy , who are empow'red to administer the same . Provided that the said appointed the first Deputy , or any hereafter in that Office , shall not execute the same till he hath taken the like Oaths ( mutatis mutandis ) : Which Oaths , to the first Deputy , shall be administred by the Lord Keeper , or Chancellor of the Exchequer , or Chief Baron of the Exchequer , or by the first Governor after he is sworn : And to any future Deputy may be administred by the Lord Chancellor or Keeper , or the Chancellor or Chief Baron of the Exchequer , or by the preceding Governor , or Deputy , who are empow'red to administer the same . Provided that none of the said hereby appointed the first 24 Directors , or any hereafter , in that Office shall execute the same , until they have taken the Oath mentioned in the Act for abrogating the Oaths of Allegiance , &c. and until they have taken the Oath following ; viz. I A. B. do swear that the Sum of 2000 l. of the Stock of the Governor and Company of , &c. doth at this time belong to me in my own Right and not in Trust . And another Oath , viz. I A. B. do swear , That in the Office of a Director I will be indifferent to all Persons , and give my best Advice for the support of the said Corporation , and in the said Office honestly demean my self to the best of my Skill . Which Oaths to the first Directors shall be administred by the Lord Keeper , Chancellor of the Exchequer , or Chief Baron , or by the First Governor , or Deputy-Governor sworn , as aforesaid : And the said Oaths , to any future Director , shall be administred by the said Chancellor or Lord Keeper , Chancellor , or Chief Baron of the Exchequer , or by a sworn Governor or Deputy . That all the other Members having each 500 l. Stock before they shall give any Vote in any General Court , shall take the said Oaths appointed by the Act for Abrogating the Oaths of Allegiance , &c. before the Governor , or Deputy , for the time being , who are required to administer the same , and also this Oath , viz. I A. B. do swear , That I will be faithful to the Governor and Company of the Bank , &c. and in all General Courts , according to the best of my Skill , give my assistance for support of the said Corporation . Provided that any Quakers having 500 l. Stock before they shall Vote in any General Court , shall before the Governor , or Deputy , solemnly promise and declare in the Presence of God , in Words to the same Effect , with the Oath last mentioned , and shall severally Subscribe the same , together with the Declaration appointed by the Act for exempting Their Majesties Protestant Subjects , Dissenting from the Church of England , from the Penalties of certain Laws : Which Declarations and Subscriptions the Governor and Deputy are empow'red to administer . That the Court of Directors shall have Power to give the following Oath to the Servants of the Corporation for due Execution of their Places ; viz. I A. B. being Elected Treasurer of the said Corporation , do swear , That I will be true and faithful to them , and will faithfully Execute the said Office to the utmost of my Skill . And the like Oaths to other Officers . And in case any Person Elected Governor , Deputy-Governor , or Director , shall neglect or refuse for Ten Days to take the Oaths appointed , the Place of all such Persons shall be void , and others shall be chosen in their Places by a General Court. That no Dividend shall be made , save out of the Interest , or Produce , arising out of the Capital Stock ; or by such dealing , buying or selling , as are allowed by the Act , until Redemption by Parliament of the Yearly Fund : And that no Dividend be made without Consent of a General Court. And that the Governor , or in his Absence , the Deputy , upon notice to be given , as aforesaid , shall summon Four General Courts , at least every Year ; One in September , another in December , another in April , and another in July . And if there be failure of holding a General Court in any of the said Months , by default of the Governor or Deputy , any Three or more of the Directors shall call a General Court , which shall be holden in the Month next after the Month in which the same should have been holden . And that the Governor , or , in his Absence , the Deputy-Governor upon Demand to be made by any Nine , or more of the Members , having 500 l. or more Stock , shall within Ten Days , after Demand , summon a General Court to be held . And , in default of the Governor or Deputy-Governor , it shall be lawful for the said Nine or more Members , having each 500 l. Stock , upon Ten Days Notice in Writing , to be fixed on the Royal Exchange , to summon a General Court , and to do any Business of the Corporation , and to hear and debate any Complaint made against any Governor , Deputy-Governor , or Directors , for Mismanagement : And if such Governor , Deputy-Governor , and Directors , shall not clear him or themselves to Satisfaction of the General Court ; then within Ten Days another General Court shall be called finally to determine the same , who may remove the Governor , Deputy-Governor , and Directors for such Misdemeanors , and Elect others in their rooms in the same manner as before directed . And where any Governor , Deputy , or Director shall die , or be removed , or his Office be void , the Members in a General Court , qualified as aforesaid , may Elect any other Member , qualified as aforesaid , into their Places , who shall continue therein to the next usual Election , and until others be chosen and sworn . That the Governor , Deputy-Governor , and Directors for the time being , or any Thirteen or more of them , ( the Governor or Deputy-Governor being always one ) from time to time may meet at any convenient Place or Places , for Management of their Affairs , and hold Courts of Directors for the purposes aforesaid , and summon General Courts as often as they see Cause . That the Governour , Deputy-Governour , and Directors , or the Major part , ( The Governour or Deputy-Governour being one ) shall Act by such Bye-Laws as shall be made by the General Court ; and where the same shall be wanting , they shall direct and manage all Affairs of the Corporation in borrowing and receiving Monies , and giving securities under the Common Seal , and in their dealing in Bills of Exchange , Buying or Selling Bullion , Gold or Silver , or selling Goods deposited for Money lent , and in selling Goods , being the produce of Lands purchased , or in lending any Monies , and taking securities for the same ; and to chuse Servants , and allow them reasonable Salaries , and to remove them if they see cause , and generally to act and do in all matters , which by the Act may be done , which they shall judge necessary for the well ordering and managing the Corporation , and to enjoy and execute all Powers , &c. as fully as if done by the Governor and Company of the Bank , or by the General Court , subject to the Clauses and Restrictions , &c. in the Act. And Their Majesties give Power to all and every Members , qualified for Electors at a General Court by Majority of Votes , to make By-Laws for the Corporation , and imposing Mulcts and Fines , ( not repugnant to the Laws of the Land ) so as they be confirmed according to the Statute , which Fines shall be received and recovered to the Use of the Governor and Company , without any Account to be rendred to Their Majesties , and to allow Salaries to the Governor , Deputy , and Directors . That the first General Court shall be holden within Twenty eight Days after the Date of this Charter . And for ascertaining how the Capital Stock and Yearly Fund of 100000 l. shall be assignable and assigned , Their Majesties direct there be constantly kept in the Office of the Company , a Book wherein all Assignments shall be entred : And Their Majesties ( pursuant to the Powers in the Act ) direct that the Method of making all Assignments of the Capital Stock , or any Part , shall be by an Entry in the said Book , Signed by the Party Assigning in the Words following , viz. Memorandum , That I A. B. the _____ day of _____ in the Year of our Lord do Assign of my Interest in the Capital Stock of the Governor , and Company , &c. and the benefit thereby arising unto his Heirs , &c. Witness my Hand — Or in case the Person be not personally present , then by an Entry signed by some Persons authorized by Letter of Attorney , or Writing under Seal in the words following , viz. Memorandum I A. B. this _____ day of _____ in the Year of By Virtue of a Letter of Attorney or Authority , under the Hand and Seal of Dated the _____ do in the name , and on the behalf of the said Assign of the Interest and Share of the said in the Capital Stock of the Governour and Company , &c. unto his Heirs and Assigns , Witness my hand under which transferr the Person or Persons , or Bodies Politick , to whom the Assignment is made , or some by them lawfully authorized shall sign his name , attesting his acceptance thereof . And that the Entry so signed , and no other way shall be the method of transferring the Interest in the Capital Stock , and such transferr shall be good , and convey the Interest of the Party transferring . Provided , That any Person having Stock may dispose thereof by Will , attested by Three or more Witnesses ; however such Devisee shall not transferr , or be entituled to receive any Dividend , till Entry of so much of the Will , as relates to the said Stock , be made in the Books of the Corporation . Their Majesties appoint , that the Governour , or in his absence the Deputy-Gonour , shall not have any Vote , but only where there is an Equality of Votes . Provided , That all Matters , which the Governour , Deputy-Governour , or Directors , shall order as aforesaid to be done by Sub-Committees , or others appointed under them , shall ( by Vertue of such Order ) be done by such Sub-Committees or others so appointed . And Their Majesties grant , that this Charter , or the Inrollment thereof , shall in all things be valid in the Law , according to the true intent of the same , and be taken in the most beneficial sence , for the best advantage of the Company in all Courts of Record or elsewhere , notwithstanding any mis-recital , defect , &c. And that this Charter shall be Made and Sealed without Fine or Fee , Great or Small , to be paid Their Majesties in their Hanaper or elsewhere . And Their Majesties promise to grant such further and other Powers , &c. as shall be reasonably advised by the Counsel learned of the said Governour and Company , to be approved by the Attorney or Sollicitor-General . In Witness , &c. FINIS . 
A37871	----	Ordered by the Lord and Commons now assembled in Parliament that one subsidy called tonnage, and one other subsidy called poundage, and those other duties called or known by the name of new impost, shall continue to be paid after the rates, rules and proportions by which they are now due and payable ... England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A37871 of text R36402 in the English Short Title Catalog (Wing E1733). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A37871 Wing E1733 ESTC R36402 15687391 ocm 15687391 104375 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A37871) Transcribed from: (Early English Books Online ; image set 104375) Images scanned from microfilm: (Early English books, 1641-1700 ; 1591:84) Ordered by the Lord and Commons now assembled in Parliament that one subsidy called tonnage, and one other subsidy called poundage, and those other duties called or known by the name of new impost, shall continue to be paid after the rates, rules and proportions by which they are now due and payable ... England and Wales. Parliament. 1 broadside. Printed by John Bill and Christopher Barker ..., London : 1660. Title from first 5 lines of text. At head of title: Thursday, June 21. 1660. "Thursday June 21. 1660. Ordered by the Lords in Parliament assembled, that these orders be forthwith printed and published. Jo. Browne cleric: Parliamentorum." Identified on film as Wing E1733 (number cancelled). Reproduction of original in the Harvard University Library. eng Tariff -- Law and legislation -- England. Excise tax -- Law and legislation -- England. A37871 R36402 (Wing E1733). civilwar no Thursday, June 21. 1660. Ordered by the Lords and Commons now assembled in Parliament, that one subsidy called tonnage, and one other subsid England and Wales. Parliament 1660 265 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 John Pas Sampled and proofread 2008-10 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Thursday , June 21. 1660. ORDERED by the Lords and Commons now assembled in Parliament , That one Subsidy called Tonnage , and one other Subsidy called Poundage , and those other Duties called or known by the name of New Impost , shall continue to be paid after the Rates , Rules and Proportions by which they are now due and payable , and upon the same Goods and Merchandises whereupon the same are now levied and collected , until the 24th . of July , which shall be in the year of our Lord 1660 ; before which time , one Act is intended to be passed for the Settlement and Regulation thereof . ORDERED by the Lords and Commons now assembled in Parliament , That the Imposition of Excise shall continue to be paid after the Rates , Rules , and Proportions by which the same is now due and payable , and upon the same Goods and Merchandizes , whereupon the same are now levied and collected , until the Twenty fourth of July , which shall be in the year of our Lord , One thousand six hundred and sixty , before which time , one Act is intended , to be passed for the Settlement and Regulation thereof . Thursday June 21. 1660. ORdered by the Lords in Parliament assembled , That these Orders be forthwith Printed and Published . JO : BROWNE Cleric : Parliamentorum . London , Printed by John Bill and Christopher Barker , Printers to the KINGS most Excellent Majesty . 1660. 
A46181	----	Whereas the late farmers of His Majesties customs and other revenues of this kingdom, have convenanted with His Majesty, that they shall, and will pay and discharge all debentures for repayments of customs for foreign goods made within the time of their farm ... by the Lord Deputy and Council, Arran. Ireland. Lord Deputy. 1683 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46181 Wing I906 ESTC R36942 16158320 ocm 16158320 104932 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46181) Transcribed from: (Early English Books Online ; image set 104932) Images scanned from microfilm: (Early English books, 1641-1700 ; 1595:51) Whereas the late farmers of His Majesties customs and other revenues of this kingdom, have convenanted with His Majesty, that they shall, and will pay and discharge all debentures for repayments of customs for foreign goods made within the time of their farm ... by the Lord Deputy and Council, Arran. Ireland. Lord Deputy. Arran, Richard Butler, Earl of, d. 1686. 1 broadside. Printed by Benjamin Tooke and John Crooke ... and are to be sold by Mary Crook and Andrew Crook ..., Dublin : 1682 [1683] Title from first 6 lines of text. Statement of responsibility transposed from head of title. "Given at the Council chamber in Dublin the 12th day of January 1682" [1683] Reproduction of original in the Society of Antiquaries Library, London. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Farmers -- Taxation -- Ireland. Tariff -- Ireland. Ireland -- History -- 1649-1775. Ireland -- Politics and government -- 17th century. 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Pip Willcox Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms BY THE Lord Deputy AND COUNCIL . ARRAN . WHEREAS the late Farmers of His Majesties Customs and other Revenues of this Kingdom , have Covenanted with His Majesty , that they shall , and will pay , and discharge all Debentures for Re-payment of Customs for Forreign goods made within the time of their Farm , the Customs Inward whereof , shall be paid dureing the said Terme , which at any time after the expiration of the said Term , shall be Re●shiped , or carryed out of this Realm ; Provided that the said Debentures be brought in , or delivered to them the said Farmers , their Executors , Administrators , or Assigns , or some or one of them , within three Months after the end of the said Farm , And whereas the said Farm expired on the 25th day of December last : We have thought fit hereby to Publish & Declare the effect of the said Covenant , to the end that all Merchants , and other persons concerned therein may take Notice thereof , and may bring into the said late Farmers within the Term aforesaid , all such Debentures for Re-payment of Customs as they pretend to be due unto them , that neither His Majesty nor they may be frustrated of the benefit of that Covenant . Given at the Council Chamber in Dublin the 12th day of January 1682. Mich , Armach , C. Franc ▪ Dublin , Barrymore , Ardglase . Lanesborough . Anth , Midensis , Ca. Dillon ▪ Char. Meredith , John Keatinge , H. H●ne . John Davys , R : Reynell . VVaker Plunket , Tho : Newcomen . God Save the King. Dublin Printed by Benjamin Tooke , and John Crooke , Printers to the Kings Most Excellent Majesties , and are to be Sold by Mary Crook , and Andrew Crook , at His Majesties Printing-House 1682. 
A46551	----	By the King, a proclamation for continuing the collection of the customs and subsidies of tonnage and poundage England and Wales. Sovereign (1685-1688 : James II) 1685 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46551 Wing J328 ESTC R2528 13070967 ocm 13070967 97131 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46551) Transcribed from: (Early English Books Online ; image set 97131) Images scanned from microfilm: (Early English books, 1641-1700 ; 742:50) By the King, a proclamation for continuing the collection of the customs and subsidies of tonnage and poundage England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. 1 sheet ([1] p.) ; 30 x 37 cm. Printed by the assigns of John Bill, deceas'd, and by Henry Hills and Thomas Newcomb ..., London : 1684 [i.e. 1685] Broadside. Caption title. Royal arms (Steele 99) at head. "Given at our court at Whitehall, the ninth day of February, in the first year of our reign". Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff -- England. Broadsides -- England -- London -- 17th century 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Pip Willcox Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal coat of arms By the King , A PROCLAMATION For Continuing the Collection of the Customs and Subsidies of Tonnage and Poundage . JAMES R. WE have upon mature Consideration , thought fit to Call a Parliament , speedily to be Assembled , in which We make no doubt , but Care will be taken for Setling a sufficient Revenue on the Crown for the Support of the Government ; The Necessities of which , in maintenance of the Navy for Defence of Our Kingdom , and the Advantages of Trade Requiring , That the Customs and Subsidies of Tonnage and Poundage , and other Sums of Money , payable upon Merchandizes Exported and Imported , Be continued to be Collected , as in the time of Our Dearest Brother lately Deceased . We do therefore by and with the Advice of Our Privy Council Require , And Our Will and Pleasure is , That the said Duties be Collected accordingly , by all and singular the Officers and Collectors Within all and every Our Ports in any of Our Dominions , not doubting of a ready Compliance herein from all Our Loving Subjects . Given at Our Court at Whitehall , the Ninth Day of February , In the First Year of Our Reign . God save the King. LONDON , Printed by the Assigns of John Bill deceas'd : And by Henry Hills , and Thomas Newcomb , Printers to the Kings most Excellent Majesty . 1684. 
A46577	----	By the King, a proclamation for the putting in execution the laws and statutes of this realm, for the preventing the exportation of sheep, wooll, wooll-fells, woollen-yarn, mortlings, shorlings, wooll-stocks, fullers-earth, and fulling-clay out of this kingdom England and Wales. Sovereign (1685-1688 : James II) 1688 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A46577 Wing J356 ESTC R2432 13070939 ocm 13070939 97125 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46577) Transcribed from: (Early English Books Online ; image set 97125) Images scanned from microfilm: (Early English books, 1641-1700 ; 742:56) By the King, a proclamation for the putting in execution the laws and statutes of this realm, for the preventing the exportation of sheep, wooll, wooll-fells, woollen-yarn, mortlings, shorlings, wooll-stocks, fullers-earth, and fulling-clay out of this kingdom England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. 1 sheet ([1] p.) ; 33 x 40 cm. Printed by Charles Bill, Henry Hills, and Thomas Newcomb ..., London : 1688. Broadside. Caption title. Royal arms (Steele 102A) at head. "Given at our court at Whitehall the sixth day of April, 1688 ..." Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff -- Law and legislation -- England. Tariff on wool -- England. Broadsides -- England -- London -- 17th century 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-02 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion DIEV ET MON DROIT By the King , A PROCLAMATION For the putting in Execution the Laws and Statutes of this Realm , for the Preventing the Exportation of Sheep , Wooll , Wooll-fells , Woollen-yarn , Mortlings , Shorlings , Wooll-flocks , Fullers-Earth , and Fulling-Clay out of this Kingdom . JAMES R. WHereas not withstanding the good Provision made by divers Laws and Statutes of this Realm , Prohibiting the Transportation of Sheép , Wooll , Wooll-fells , Woollen-yarn , Mortlings , Shorlings , Wooll-flocks , Fullers Earth , and Fulling-Clay , out of this Our Realm of England , Dominion of Wales , or Town and Port of Berwick upon Tweed , or any the Isles , Ports , Creéks or Places thereof , into the Kingdom of Scotland , or into Foreign parts beyond the Seas ; By which Laws and Statutes , besides the pecuniary Penalties and Forfeitures thereby Imposed , such Transportation is declared Felony , not only in the Transporters thereof , but also in their Aiders and Abettors ; and notwithstanding the several Proclamations of Our late Dearest Brother , and Our Self , in pursuance of the said Laws ; divers persons evilly-disposed to the welfare of this Our Kingdom and Dominions aforesaid , presuming upon Our Lenity in not exacting the Penalties aforesaid , upon the Lives and Estates of such Offenders , as by Law We might , have assumed to themselves , and do daily licenciously assume to themselves in Defiance of Vs , Our Government and Laws aforesaid , not only clandestinely , but by open Force and Violence with Armed Companies of Men , the Liberty to Convey and Transport the Commodities aforesaid into parts beyond the Seas ; and also to Rescue the same out of the Hands and Possession of Our Officers of the Customs , and others acting in their Aid , when by vertue of Our Authority the said Commodities have been Seized , and in Riotous and Tumultuous manner have beaten and wounded Our said Officers , and those acting in their Aid ; We , taking the same into Our Princely Consideration , and duly weighing the evil consequence thereof to the Staple Manufacture of Clothing in this Our Kingdom , have thought fit , by the Advice of Our Privy Council , and We do , by this Our Royal Proclamation , as well in pursuance of the aforesaid Laws , as in vertue of Our Royal Prerogative , streightly Charge , Prohibit and Command that no manner of Sheép , Wooll , Wooll-fells , Woollen-yarn , Mortlings , Shorlings , Wooll-flocks , Fullers Earth , or Fulling-Clay , be at any time or times hereafter , by any person or persons whatsoever , whether Natural-born-Subjects , Denizens or Strangers , Exported , Transported , Sent or Conveyed out of Our Kingdom , or Dominions aforesaid , or any the Isles , Ports , Creéks , or places thereof , into the Kingdom of Scotland , or into any Foreign parts beyond the Seas , upon pain of Our highest Indignation , and the severest Penalties , which by the Laws and Statutes of this Our Realm may be inflicted upon the Offenders themselves , their Aiders , Procurers , Abettors and Favourers , their Liv●●… and Estates . And We do hereby Declare , That We will cause to be effectually put in Execution the Laws and Statutes aforesaid , and will exact the Penalties accruing , as by Law We may . And We do hereby streightly Charge and Command all Our Officers and Ministers , as well Civil as Military , to be Aiding and Assisting to Our Officers of Our Customs , and others duly Authorized to put in Execution the said Laws , and all others acting in their Aid . Given at Our Court at Whitehall the Sixth Day of April 1688. In the Fourth Year of Our Reign ; GOD SAVE THE KING . London , Printed by Charles Bill , Henry Hills , and Thomas Newcomb , Printers to the King 's most Excellent Majesty . 1688. 
A51696	----	A proposal humbly presented to the Right Honourable the House of Commons, by which it is reasonable to suppose a million may be raised (and as it is hoped much more) without oppressing any person, every one being at their liberty to pay, or not to pay Malkin, G. (Gilbert) 1697 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A51696 Wing M327B ESTC R215069 99834733 99834733 39242 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A51696) Transcribed from: (Early English Books Online ; image set 39242) Images scanned from microfilm: (Early English books, 1641-1700 ; 1815:04) A proposal humbly presented to the Right Honourable the House of Commons, by which it is reasonable to suppose a million may be raised (and as it is hoped much more) without oppressing any person, every one being at their liberty to pay, or not to pay Malkin, G. (Gilbert) 1 sheet ([1] p.) s.n., [London? : 1697] Signed: Gilbert Malkin. A proposal to sell licences to wear foreign apparel. Imprint from Wing. Reproduction of the original at the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sumptuary laws -- England -- Early works to 1800. Tariff on clothing -- England -- Early works to 1800. 2007-12 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROPOSAL Humbly Presented to the Right Honourable the HOUSE of COMMONS , by which it is Reasonable to Suppose a Million may be Raised ( and as it is hoped much more ) without Oppressing any Person , every one being at their Liberty to Pay , or not to Pay. IF this Honourable Assembly think good to Enact , That no Person of any Rank , Quality , or Condition whatever , shall in their Wearing Apparel , use or wear any thing that is not of the true Growth , Product , and Manufactury of this Kingdom ; for and during one whole year , to Commence from the 25th of March next , except they take out Lisences for the same at a certain Rate ; some Rates being hereafter specified , which are Humbly Submitted to the Candid Censure of this August Assembly to Judge of the Equality of . That every Duke , Dutches , Marques and Marchioness , Earl and Countess , pay for such Lisence Five Pounds each , and for their Children under their Tuition , Two Pounds each ; that all Persons under the Degree of an Earl and Countess , to a Knight and his Lady inclusive , do pay for such Lisence Four Pounds each , and for their Children , One Pound Ten Shillings each ; That all Esquires by Birth or Place , all Gentlemen , all Clergy Men , all Lawyers , all Merchants and Whole-Sale Trades Men , and all Officers either in His Majesty's Customs or elsewhere , whose Salaries are Forty Pound a Year , or above , and their Wives to pay for such Lisence Two Pounds Ten Shillings each , and for their Children One Pound each ; That all Yeoman Men and Rich Farmers , all Servants , or Men that have any Place whose Wages or Sallary is Twenty Pounds a Year or upward , and under Forty ; all Retale Trades-Men ( except such Handy-Craft Trades that get their Living only by their Work ) and their Wives , do pay for such Lisence one Pound each , and for their Children Ten Shllings each ; That all other , be they Handy-Craft Trades or Servants , or any other Person not before mentioned , and their Wives that take such Lisence , shall pay for each Ten Shillings , and for their Children Five Shillings each . And it is Humbly Supposed , That at the Rates before specified , it may rise to a far greater Summ than is first mentioned ; but if it should fall short of such a Sum ( as in all probability it will not ) yet whatever Money it doth raise , will be present Money , and therefore much better than any that will be longer in raising ; and for the better Effecting the same , Books with Blank Lisences may be Printed and Numbered , and room left in the said Books where the Lisence is cut out , to insert the Person 's Name , Quality , and Place of Abode that hath such Lisence : And other Cautions are ready to be Proposed , that will be sufficicnt to secure the Act for being Evaded , or any Person Wrong'd , if this most Honourable and August Assembly shall think fit to make such Act , and to Rectifie the Rates before Proposed , if found in any part unequal : And it is Humbly Supposed , That such Act can be no hindrance or disadvantage to any Trade whatever , for it may reasonably be conjectured , that most People will take out such Lisences rather than lay by the Cloaths they have already , and buy others conformable to the Act , which will cost more than the Lisence by much ; and it is hoped , that such Act in one years time may discover such Advantages for the Publick good , as may induce it hereafter to be turned into a perpetual Law ; All which is Humbly Submitted to the Wisdom and Candid Censure of this Honourable Assembly , by a Real Lover of the present Government , and the Liberty and Property of the Subject , and is Your Honours most Dutiful , Obedient , and Humble Servant , Gilbert Malkin . 
A49043	----	Jovis duodecimo die Maii 1698, annoque regni Regis Willielmi ... this day an order and report made by the Committee for Letting the Cities Lands, touching several duties taken by several officers and others at Billingsgate ... City of London (England). 1698 Approx. 16 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A49043 Wing L2865F ESTC R39643 18460129 ocm 18460129 107727 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A49043) Transcribed from: (Early English Books Online ; image set 107727) Images scanned from microfilm: (Early English books, 1641-1700 ; 1638:2) Jovis duodecimo die Maii 1698, annoque regni Regis Willielmi ... this day an order and report made by the Committee for Letting the Cities Lands, touching several duties taken by several officers and others at Billingsgate ... City of London (England). 1 broadside. s.n., [London : 1698] At head of title: Edwin Mayor. Second part of title taken from first two lines of text. Reproduction of original in the Guildhall, London. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff -- Law and legislation -- England -- London. London (England) -- History -- 17th century. 2007-12 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-09 Megan Marion Sampled and proofread 2008-09 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Edwin Mayor . Jovis Duodecimo die Maii 1698. Annoque Regni Regis Willielmi tertii Angliae , &c. Decimo . THIS Day an Order and Report made by the Committee for Letting the Cities Lands , touching several Duties taken by several Officers and others at Billingsgate , was presented unto this Court by Sir Thomas Stamp , Knight and Alderman , and is as followeth , ( viz. ) Mercurii Vndecimo die Maii 1698. Annoque Regni Regis Willielmi tertii , Angliae , &c. Decimo . Committee City Lands , THIS Day the Report of the Sub-Committee appointed the 30th Day of March last , for Examination and Stating the respective Duties and Tolls to be Received at Billingsgate Dock by Mr. Allen , as Tenant to the City of London , and by the Yeomen of the Water-side , in Respect of their Offices brought in their Report in Writing concerning the same , which was read , and follows in these Words ; To the Committee for Letting the City's Lands . WE whose Names are hereunto Subscribed , pursuant to your Order dated the 30th of March last , referring to us amongst others , the Examination and Stating of the respective Duties and Tolls to be received at Billingsgate Dock by Mr. Allen , as Tenant of the City of London , and by the Yeomen of the Waterside , in respect of their Offices , do humbly Certify . That We have Examined Mr. Bancroft Senior , and Mr. Clare , heretofore Yeomen of the Waterside , and several Antient Market-People that Resort to Billingsgate-Market , and they are all ready to attest upon Oath , if required , That the two first following Tables , of the Tolls due to the Yeomen of the Waterside , were during all their Times constantly paid to the said Yeomen as their just Fees , and some of them attest the Usage thereof for Twenty Years , some for Thirty Years , and Mr. Bancroft for Fifty Five Years . The three first Articles of the first Table We also find Confirmed by Three Orders of the Court of Aldermen , cited in the Margin ; We have also incidently enquired into the Fees due to the Cocket-Office , and for Water-Balliage received at Billingsgate , the former being received by Mr. Allen , as Tenant to the Lord Mayor , and the latter by the Yeomen of the Waterside , as Collectors to Mrs Carpenter , and find upon the aforesaid Testimony , That the Duties to be Received at Billingsgate for the Cocket-Office , and Water Balliage , are as follow ,   Cocket-Bill Water-Balliage To the Yeomen Cry Waterside Meatage               l s d   Every Vessel with Fruit 00 00 00 00 00 00 00 01 00   Every Vessel with Fresh Sea Fish 00 00 01 00 00 06 00 01 00   Every Ship with Salt 00 00 08 00 00 00 00 01 00   Every small Oyster Vessel or Cock 00 00 01 00 00 04 00 01 00 Half Penny per Bushel Every Vessel of Salt Fish 00 00 08 00 00 00 00 01 00   Every Vessel with Cherries or other Fruit 00 00 02 00 00 06 00 01 00   Every Ship with Oranges or Lemons 00 00 06 00 00 00 00 01 00   Every Vessel with Carrots 00 00 06 00 00 00 00 01 00   Every Freeman's Lobster-Boat 00 00 01 00 00 00 00 01 00   Every Foreign Lobster-Boat 00 00 02 00 00 00 00 02 00   Every Muscle or Cockle-Boat 00 00 01 00 00 08 00 01 00   Every Hebber-Boat or Smack 00 00 01 00 00 06 00 00 06   We are further informed , That in all other Cases whatsoever , where the Lord Mayor hath a Power to Set a Price on Victuals or other Provisions , and hath a Sample , in all such Cases the Yeomen of the Waterside have a Fee of one Shilling for the Cry thereof . These following Duties are in Common between the Vnder-Water-Bailiff , and Yeomen of the Waterside .   l s d A Trollers Boat , Fish sold in Baskets 00 00 04 A Wh●●ing-Boat , Fish sold in Baskets 00 00 04 Repers Fish coming by Land on Horses 00 00 04 All Fish sold on Forms 00 00 04 All Tubs with Eels 00 00 02 A Peter Boat with Flounders 00 00 02 A Peter Boat with Smelts 00 00 02 A Peter Boat with Roch and Dace 00 00 02 A Hamper or Pedd with Fish 00 00 02 We have also Examined Mr. Allen , and the Yeomen of the Waterside , and the Market People above-mentioned , concerning the Tolls and Duties that belong to the City of London at Billingsgate , and upon a full Examination , Debate , and Consideration of their several Allegations , We are of Opinion , That these following Tolls and Duties belong to the City of London , and may be Received by Mr. Allen , as their Tenant of the Duties there Leased to him in General Words .   l s d Every Vessel with two Round Tops , per Day 00 02 00 Every Vessel with Oranges , Lemons , or Salt , with but one Round Top , per Day 00 01 00 Every Vessel of Salt Fish , per Day 00 00 08 Every small Oyster Vessel or Cock , per Voyage 00 00 02 Every Vessel with any other sort of Fish ( viz. ) fresh Sea-Fish per Voyage 00 00 02 Every Vessel with Cherries or other Fruits , per Voyage 00 00 08 Every Vessel with Carrots , per Day 00 00 08 Every Custom-House Hoy or Close Lyter , per Day 00 00 08 Every Close Lyter , per Day 00 00 08 Every Open Lyter , per Day 00 00 04 Every Freeman's Lobster-Boat 00 00 02 Every Foreign Lobster-Boat 00 00 04 Every Muscle or Cockle-Boat 00 00 02 Every Hebber-Boat or Smack 00 00 02 Aliens Vessels double Duties to all Persons .   l s d Every Ladder or Plank to a Salt Vessel , per Day 00 01 00 Every Ladder or Plank for Vessels for Fresh Fish , Oysters or other Shell-Fish , per Voyage for each 00 00 06 Every Ladder to a Vessel of Salt Fish , for the whole 00 01 00 We are of Opinion , That to Notify to all Persons concerned their Duty , and to prevent future Disputes about these Matters , it will be Expedient to Print , and Post up at Billingsgate all the several Rates above mentioned ; but submit that , and all other Matters here Reported , to the Judgment of this Committee . Dated the Eleventh Day of May , 1698. Wm. Gore , Tho. Collett , Isa . Grevill , James Collett , Geo. Newland . Which Report being Read , was well liked , and Approved of by this Committee , and Sir Thomas Stamp , Knight and Alderman , is desired to lay the same before the Right Honourable the Lord Mayor and Court of Aldermen , and recommend to their Care the Matters therein contained , Nich. Wilmot , Comptroler . Which Order and Report being here openly Read , were well Liked and Approved of by this Court , and Ordered to be Entred into the Repertory . And it is further Ordered , That for the future the said several Duties and Tolls be Received by such Respective Officers , and no others according to the Table mention'd in the said Report . Goodfellow . That the aforesaid Matters may be the better understood ; 1st . Note , That Nich. Wilmot is Clerk to the Committee for Letting the City's Lands : And Goodfellow is Clerk to the Court of Lord Mayor and Aldermen . 2dly , Note , That Mr. Allen , as Tenant to the City for Wharfage , Groundage , and the Tolls , pays for the Farm thereof 95 l per Annum . And Mr. Allen , as Tenant to the Lord Mayor , pays to his Lordship for his Samples and Perquisites above 550 l per Annum . And 't is believed the Four Yeomen of the Waterside , and Under Water-Bailiff , do Receive of the Fisher-men and Market-People , as their own Perquisites , near as much as Mr. Allen doth for his Farm , for which he pays the Lord Mayor 550 l per Annum . 3dly . Note , Mrs Carpenter , as Tenant to the City , pays not above 26 l per Annum for the City's Interest in the Water-Balliage at Billingsgate . 4thly . Note , That the City pays to the Four Yeomen of the Waterside , for Fees and Salaries , above 20 l per Annum each ; and to the Under Water-Bailiff about the same Sum , which in the whole is above 100 l per Annum Charge to the City , and the City Receives but 12● l per Annum for the Wharfage , Groundage , Toll , and Interest there : Thus consequently the City's Income there is not above 21 l per Annum , yet it must be own'd that the Lord Mayor may chance upon a Vacancy to have 5 or 600 l for each of these Places of Yeomen of the Waterside ; and if the Head-Water-Bailiff chance to die , the Lord Mayor will scarcely take under 1500 l for his Place ; for the City pays him above 65 l per Annum Salary , and the Perquisites are very considerable , which he takes to his own Use , tho they are due to the City only . 5thly . Note , That the Fishmongers in their Case to Parliament have misrepresented the Law and Custom of the City Markets , which are expresly thus , That if any Retailer or Trader in this City , who buy to sell again , do buy to sell again , &c. before the second Ringing of the Bell , such Offender shall Forfeit 40 s The Markets being most principally intended for the Benefit and Advantage of Housekeepers and others , who buy for their own use , to be spent in their Families , and may provide for themselves in the Morning at the best Hand , and pay moderate Rates for their Provisions , See the Acts of Common Council for City-Markets , made 1631. and the 17th of September , 1674. Page 8. 6thly . But as Sir Nicholas Bacon well observed , in a Speech to both Houses of Parliament , A Law without Execution is but a Body without Life ; a Cause without an Effect ; a Countenance of a thing , and indeed nothing : Besides the making of Laws without Execution , does very much harm , for that breeds and brings forth Contempt of Laws , and Law-makers , and of all Magistrates ; which is the very Foundation of all Misgovernance , of all Injuries and Injustice , and of all Disorders and Unquietness in the Commonwealth . Which is the present Case as to the Laws of the City-Markets , and is the cause of most of the Complaints now before the Honourable House of Commons , touching the same . 
A81290	----	The case of Sir John Lambert, Bar. Samuel Shepheard, and John James David, merchants of London. Humbly offered to the consideration of this honourable house, for relief. Lambert, John, Sir, d. 1722 or 3. 1700 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A81290 Wing C994B ESTC R176346 45504390 ocm 45504390 171692 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A81290) Transcribed from: (Early English Books Online ; image set 171692) Images scanned from microfilm: (Early English books, 1641-1700 ; 2587:6) The case of Sir John Lambert, Bar. Samuel Shepheard, and John James David, merchants of London. Humbly offered to the consideration of this honourable house, for relief. Lambert, John, Sir, d. 1722 or 3. Shepheard, Samuel. David, John James. 1 sheet ([1] p.) s.n., [S.l. : 1700?] Date of publication suggested by Wing. Reproduction of original in: Sutro Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff on wine -- Great Britain -- Early works to 1800. Privateering -- Great Britain -- Early works to 1800. Broadsides -- England -- 17th century. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE CASE Of Sir John Lambert , Bar. Samuel Shepheard , and John James David , Merchants of London . Humbly offered to the Consideration of this Honourable House , for RELIEF . SIR John Lambert , Bar. Samuel Shepheard , and John James David , bought of Henry Bray and John Bowden , Twenty three Tuns and a Quarter , of French Prize Wine , taken by the Success Privateer of Guernsey , lying at Penryn near Falmouth ; and accepted Bills of Exchange for 1050l . drawn by the Collectors there , for the Customs thereof ; and shipped Twenty one Tuns and three Hogsheads of the said Wine , on Board a Coaster , called The New Topsham , William Dair Master , bound for the Port of London , who sailed from Falmouth with her Majesty's Tin Vessels , having for Convoy the Dover and Sunderland Men of War. YET notwithstanding the Convoy , the said Vessel called The New Topsham , which had on Board Twenty one Tuns , and three Hogsheads of the said Wine , was in the Night , off Beachy-Head , taken by a French Privateer , and carryed into Calice , and there sold . WHEREUPON the Merchants above , applyed to be relieved from the Payment of the said Bills of Exchange , because the said Wine never came to Port , but were taken and carryed into Calice , and there sold , as aforesaid ; and therefore did no Ways supply the Market , or hinder other Importation , to the Prejudice of Her Majesty's Customs . BUT the Duties of the said Wines being appropriated to the Use of the War , they have not been able to obtain further than Time to pray a Bill or Clause for their Relief . AND therefore they humbly hope this Honourable House will , in Consideration of the Hardship of their Case , discharge the said Bills of Exchange , and not suffer them to pay Custom for Goods which never came to Port ; or give them Leave to import Wines Custom - Free , to the same Value with those lost , as is allowed where Goods are exported that never reach their Port , in which Case , the Merchant hath always been suffered to export Custom-Free , to the same Value . 
A83229	----	An ordinance of the Lords and Commons assembled in Parliament. For the raising and collecting of ten thousand pounds, for and towards the redemption of distressed captives. / Die Martis, 8. Julij, 1645. Ordered by the Lords and Commons assembled in Parliament, that this ordinance be forthwith printed and published. ; Jo: Brown, cleric. Parliamentorum. Laws, etc. England and Wales. This text is an enriched version of the TCP digital transcription A83229 of text R175204 in the English Short Title Catalog (Wing E2009A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 8 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A83229 Wing E2009A ESTC R175204 45097716 ocm 45097716 171311 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A83229) Transcribed from: (Early English Books Online ; image set 171311) Images scanned from microfilm: (Early English books, 1641-1700 ; 2571:25) An ordinance of the Lords and Commons assembled in Parliament. For the raising and collecting of ten thousand pounds, for and towards the redemption of distressed captives. / Die Martis, 8. Julij, 1645. Ordered by the Lords and Commons assembled in Parliament, that this ordinance be forthwith printed and published. ; Jo: Brown, cleric. Parliamentorum. Laws, etc. England and Wales. Browne, John, ca. 1608-1691. England and Wales. Parliament. [8] p. Printed for Laurence Blaiklock, London: : July 15. 1645. Imperfect: print bleed-through. Reproduction of original in the California State Library, Sutro branch. eng Tariff -- Law and legislation -- Great Britain -- Early works to 1800. Debts, Public -- Law and legislation -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649. A83229 R175204 (Wing E2009A). civilwar no An ordinance of the Lords and Commons assembled in Parliament: for the raising and collecting of ten thousand pounds, for and towards the re England and Wales. Parliament 1645 1429 5 0 0 0 0 0 35 C The rate of 35 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-07 TCP Assigned for keying and markup 2007-07 Aptara Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-02 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion AN ORDINANCE OF THE Lords and Commons Assembled in PARLIAMENT ▪ For the Raising and Collecting of Ten thousand pounds , for and towards the Redemption of Distressed CAPTIVES . Die Martis , 8. Julij , 1645. Ordered by the Lords and Commons Assembled in Parliament ▪ that this Ordinance be forthwith Printed and Published . Jo : Brown , Cleric . Parliamentorum . LONDON : Printed for Laurence Blaiklock , July 15. 1645. Die Martis 8. July 1645. VVHereas by an Act made this present Parliament , Intituled , an Act for the relief of the Captives taken by Turkish , Moorish , and other Pirats , and to prevent the taking of others in time to come , a Subsidy of one per Cent. was imposed on all goods and Merchandize exported out of , or imported into this Kingdom of England and Dominion of Wales , which was to be one first part more then the Customes and Subsidy of Tonnage and Poundage , according to the Book of Rates : Since the Passing of which Act , the House of Commons by Order of the tenth of March 1641. for divers reasons did Order , That Bonds should be taken by the Collectors of that duty to stand to the Order of Parliament : And whereas both Houses of Parliament intending to carry on that good work , did on the 24. of October 1644. Order , that only one fourth part of the moneys due by the said Bonds being one shilling in every twenty shillings Custome , should be paid by the respective Merchants of the City of London , having by their Petition set forth ye great inconveniency that might happen , as well in relation to the Advancement of the work , as to the unequall burthen that might rest upon the wel-affected Merchants , in regard sundry persons ill disposed to that work , and dis-affected to the Parliament , did , during the time of the said Act , make ill use of the favour of the Parliament ; and did fraudulently make entry of their goods in the names of insolvent and unknown persons , by whom Bonds were likewise sealed . And the duty being now required , no such persons appear , nor moneys can be collected for the carrying on of that work ; yet the said wel-affected Merchants being desirous that the work might go on , are ready not only by way of Advance forthwith to pay in all such monyes as they themselves owe upon those bonds , but likewise willing to discover the fraud in those il-affected persons , and to use their best indeavors , to recover in the moneys due upon such Bonds so as they might be enabled by an Ordinance of Parliament for continuance of that duty of one fourth per Cent. for another year to reimburse themselves out of the one moyety of the Collections of that duty or otherwise all such moneys as they shall pay in and advance as aforesaid . It is therefore Ordained by the Lords and Commons assembled in Parliament ; That Samuel Avery , Esquire , Alderman or the City of London , Walter Pell , Robert Lowther Rouland Wilson Senior , Thomas Hodges , William Methold , Edmund Cason , Robert Abdy , Samuel Mico , Charles Snelling , Richard Leg , Thomas Rich , Jonathan Andrews , Nathaniel Wright , Thomas Burnell , Richard Chiverton , Nathan Wright , Richard Hill , Benjamin Delannoy , William Vincent , Henry Hunt and Hugh Wood , or any three of them shall be a Committee , and have power to receive from the Chamberlain of London , who is hereby required to deliver all such Bonds of Merchants heretofore taken for the satisfying of that duty by vertue of the said Order of the 10. of March 1641. And shall have further power to receive all moneys due upon the said Bonds , from the severall Merchants , according to the Rule following : That is to say , of all such Merchants , that shall before the 24. of July next , voluntarily pay in the one fourth part of the one per Cent. in obedience to the Ordinance of the 24. of October 1644. Vpon their said Bonds they shall accept thereof , and deliver up their Bonds cancelled to the respective Merchants ; but of all others , which shall refuse to accept of the benefit of this Ordinance , and to pay in their moneys on their Bonds by the day prescribed , or any others that they shall discover fraudulently to have made their entries in unknown names to elude the Ordinance of Parliament , They shall have power to require and receive the whole duty of one per Cent. or the whole penalty of the said Bonds , as they shall think fit . And if any shall refuse upon demand to make such payment , then to leavy the same by distresse upon the goods and Estates of such persons , and the same to sell and dispose of for the satisfaction of the said Bonds , and the overplus if any shall be , to return it to the parties so refusing . And for the better execution of this service , they shall have power to send for parties , Witnesses , other then Peeres , papers , and Records at a certain time and place , where they shall constantly sit . And it is further Ordained , That after the sum of Ten thousand pounds shall be raised and Collected upon the said Bonds , for the carrying on the said work , such Merchants shall , on , or before the said 24. day of July , pay in their said moneys in obedience to this Ordinance , shall be repaid the same out of the surplus of such moneys , as shall arise upon the said Bonds in turn as they did pay in their moneys , and what part shall be wanting for the full reimbursement of every particular Merchant , shall be paid out of the one moyety of the Receipts that shall be Collected in the Port of London , on an Ordinance of Parliament passed this present day , for the continuance of the said duty of one fourth of one per Cent. from the 10. of December next inclusive . Provided , if any Merchant shall not pay in the money due by his Bonds , on or before the 24. of July as aforesaid , shall not enjoy the benefit of this Clause ▪ or any thing in this Ordinance 〈◊〉 . And it is further Ordained , That this Committee shall have power to appoint a Treasurer to receive and issue 〈◊〉 〈◊〉 〈◊〉 moneys as shall be Collected on the said Bonds as he shall receive order from time to time from the Committee of the Navy appointed by Parliament , which shall be to him a sufficient discharge , and to imploy such other person or persons in the execution of this service , and to give such reward for their care and pains , as to them with the approbation of the Committee of the Navy shall be thought fit . Lastly , it is Ordained , That if after the said 24. day of July , any person or persons shall be discovered eluding of the said Ordinance of Parliament for the payment of that duty to have made fraudulent entries , and to cause bonds to be giver in the names of unknown or insolvent persons , such persons so discovered shall be liable to the penalty of the said bonds , and to such further punishment as shall be thought fit by Parliament to be due to offences of that nature one moyety of the said Fine and penalty shall be to such person or persons that shall make such discovery , and the other moyety to the State , to be imployed , to and for the Redemption of the said distressed Captives ▪ And the Committee of the Navy are to take care for the putting this Ordinance in execution , and to give such ▪ further Instructions from time to time , as shall be needfull for the better carrying on of this Service . Jo : Brown , Cleric . Parliamentorum . 
B05704	----	A proclamation, imposing a further custom upon wines and tobacco, &c. Scotland. Privy Council. 1681 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05704 Wing S1938 ESTC R183562 52612336 ocm 52612336 179639 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05704) Transcribed from: (Early English Books Online ; image set 179639) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:33) A proclamation, imposing a further custom upon wines and tobacco, &c. Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1681. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated at end: Given under Our Signet at Edinburgh the sixth day of October, one thousand six hundred and eighty one, and of Our Reign, the thretty three year. Signed: Pat. Menzeis, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff on tobacco -- Scotland -- Early works to 1800. Tariff on wine -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , Imposing a further Custom upon Wines and Tobacco , &c. CHARLES , by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith , To Our Lovites _____ Macers of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as by the twenty sixth Act of the third Session of Our first Parliament , The Ordering and Disposal of Trade with Forreign Countreys , and the laying of Restraints and Impositions upon Forreign Imported Commodities , is asserted to belong to Us and Our Royal Successors , as an undoubted Priviledge and Prerogative of the Crown ; and that by vertue thereof , We may lay such Impositions and Restraints upon Forreign imported Commodities , and so Order and Dispose upon the Trade of them , as We shall judge sit for the good of Our Kingdom : And whereas , by an Act and Proclamation of the eleventh of April last , upon consideration of the great detriment Our Customes and Excise might sustain by a Prohibition put upon several Forreign Commodities , deduction of the Excise of that imployed upon Fishes and other allowances , given for the encouragement of Manufactures and building of Ships ; We did for ballance of some part thereof , appoint a further Duty to be put upon Wine and Tobacco , which is found to be very far short in ballancing and compensing the foresaid loss : Wherefore We , with advice of Our Privy Council , conform to the Power given Us by the said Act of Parliament , Ordain , that each Tun of French , Spanish and Rhenish Wine , which formerly payed thirty pound Scots of Custom , shall hereafter pay thirty pound Scots more , being in all threescore pounds Scots , with the burden of the Bullion as formerly , by way of Custom : And each pound of Tobacco coming immediatly from the Plantations , pay hereafter two shilling four pennies Scots of Custom , and eight pennies Scots of Excise : And each pound of all other Tobacco , coming from any other place , except the Plantations , pay five shilling Scots of Custom ; and twelve pennies of Excise , making in all six shilling Scots of Custom and Excise , each pound weight . And whereas , by the Act of Parliament , Anno 1669. the Merchant exporter is to have allowed or repayed by the Customers , ten pounds four shilling Scots for the Salt of each exported Last of Herrings : And that by an Act of Parliament , Anno 1673. anent the taking away the Pre-emption of Salt , It is appointed that the exporters of Herring , shall only be free of Custom at the export , being only twenty four shilling Scots per Last ; And that by the foresaid Proclamation following thereupon , the Merchant exporter is to have allowance according to the first Act of Parliament , without considering that We did quite the Excise then payable to him upon In-land Salt , being fifteen shilling Scots per Linlithgow Boll , which would have extended to much more then what is to be returned to the Merchants for their exported Herrings ; and that the Act 1673. does take away all pretences thereto . Therefore We Ordain , that the said Act , 1673. shall stand in full force , and that no allowance be given for exported Herrings , notwithstanding of the said Act of Council and Proclamation foresaid , following thereupon , appointing repayment for exported Herrings , according to the Act of Parliament foresaid , in the year , 1669. And Ordains the Collectors or Fermorers of Our Custom and Excise , present and to come , their Deputs , Servants and Waiters , to uplift and exact the said Custom and Excise upon the saids Goods , as the same is now Imposed in time coming , whether Our Customes and Excise be uplifted by Collection or Ferm , any former Act to the contrair notwithstanding . And We ordain these Presents to be Published at the Mercat Cross of Edinburgh , and other places needful , that none pretend ignorance . Given under Our Signet at Edinburgh the sixth day of October , one thousand six hundred and eighty one , And of Our Reign , the thretty three year . Per actum Dominorum Secreti Concilii . PAT . MENZEIS , Cls Sti. Concilii . God save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1681. 
B06077	----	Act for a new imposition upon English commodities. At Edinburgh, the twenty one of August, one thousand six hundred and sixty three. Scotland. Parliament. Committee of Estates. 1663 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B06077 52612233 Wing S1081 ESTC R183888 52612233 ocm 52612233 179538 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06077) Transcribed from: (Early English Books Online ; image set 179538) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2793:10) Act for a new imposition upon English commodities. At Edinburgh, the twenty one of August, one thousand six hundred and sixty three. Scotland. Parliament. Committee of Estates. 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most excellent Majesty, Edinburgh : 1663. Caption title. Royal arms at head of text; initial letter. Imperfect: stained with some loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Commerce -- England -- Early works to 1800. England -- Commerce -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ACT For a new Imposition upon English COMMODITIES . At Edinburgh , the twenty one of August , one thousand six hundred and sixty three . THe Estates of Parliament considering , how much it concernes the credit and wealth of the Kingdom , that our own native Commodities be manufactured amongst our selves , and that the endeavours of such persons as are setting up Manufacturies and Trades have been , and are much retarded , by the importation of such forreign Commodities as may be made within the Kingdom . Therefore , and for their due encouragment , the Kings Majesty , with advice and consent of the Estates of Parliament , Statutes and Ordains , that from and after the first day of September next , twelve pounds Scots upon ilk ell of broad English Cloath ; six pounds upon ilk ell , of York-shire and all narrow Cloath ; two pounds eight shillings upon ilk ell of Searge ; thirty shillings upon ilk ell of Castilians ; fourty eight pounds upon ilk Beaver-hat ; twenty four pounds upon ilk Demy beaver 〈◊〉 vigon ; and three pounds upon the piece of ilk common Hat ; thirty six pounds upon the 〈…〉 four pounds upon the dozen of Stag-gloves ▪ , and 〈◊〉 pounds upon the dozen of 〈◊〉 〈◊〉 , C 〈…〉 s , Kid or Shiverings ; and twenty four shillings upon ilk pound of Tobacco imported either for sale or private use into this Kingdom from England , all Scots money , Be exacted , levied and collected and fourscore per cent . upon all other sorts of Commodities imported into this Kingdom from England , and not particularly named in this Act , and upon all the growth and manufactury of that Kingdom , though imported from any other place , and that over and above all other impositions put upon the same already . And to the effect this present Act may be the more exactly put to execution , It is Statute and Ordained , that all Goods imported from England , or of the growth and manufactury of England , not above particularly exprest , shall be valued , after sighting , by two skilfull honest men upon oath , to be nominate by the Dean of Gild or his Assessors , or Magistrates of the Burgh , or next adjacent Burgh to the Custom-office where the saids G●●●● are entered , or by the oath of the party to whom the saids Goods belongs , and accordingly pay the said f●●●●score per cent . And the Lords Thesaurer and Thesaurer-depute , and Lords of His Maiesties Exchequer , are hereby required to take an Oath , and Bond with sufficient Caution , from the Farmers or Collectors of the saids impositions , that they shall exactly collect the same , without any abatement thereof , directly or in directly ; and that they shall not suffer any of the saids Goods to pass or be conveyed away un-entered , and that under the penalty of the worth of the saids Goods , if the contrary shall be made appear , the one half thereof to His Maiesties use , and the other half to the informer , and under the pain of forfaulting their Lacks and Commissions , and being declared incapable to farm or collect , in any time thereafter , any Custom , Excise , or other Imposition whatsoever within this Kingdom . And if any of the foresaids Goods or Commodities shall be informed and made appear to be brought in , or shall be seized upon , not being entered in the Custom-office , or any other Office appointed for that effect , then the same to be wholly confiscate , the one half to His Maiesties use , and the other half to the first informer or seizer thereof . And Ordains these presents to be printed , and published at the Mercat Cross of Edinburgh , and other places needfull , where-through none may pretend ignorance of the same . EDINBVRGH , Printed by Evan Tyler , Printer to the Kings most Excellent Majesty , 1663. 
A34002	----	A plea for the bringing in of Irish cattel, and keeping out of fish caught by foreigners together with an humble address to the honourable members of Parliament of the countries of Cornwal and Devon, about the advancement of tin, fishery, and divers manufactures / by John Collins. Collins, John, 1625-1683. 1680 Approx. 100 KB of XML-encoded text transcribed from 22 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A34002 Wing C5379 ESTC R18891 11751764 ocm 11751764 48596 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A34002) Transcribed from: (Early English Books Online ; image set 48596) Images scanned from microfilm: (Early English books, 1641-1700 ; 486:35) A plea for the bringing in of Irish cattel, and keeping out of fish caught by foreigners together with an humble address to the honourable members of Parliament of the countries of Cornwal and Devon, about the advancement of tin, fishery, and divers manufactures / by John Collins. Collins, John, 1625-1683. [4], 38 p. Printed by A. Godbid and J. Playford, London : 1680. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff -- England. Ireland -- Commerce. 2005-07 TCP Assigned for keying and markup 2006-02 SPi Global Keyed and coded from ProQuest page images 2007-03 Ali Jakobson Sampled and proofread 2007-03 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A PLEA For the bringing in of IRISH CATTEL , And keeping out of FISH CAUGHT BY FOREIGNERS . TOGETHER With an humble Address to the Honourable MEMBERS of PARLIAMENT of the Counties of Cornwal and Devon , about the Advancement of Tin , Fishery , and divers Manufactures . By JOHN COLLINS , Accomptant to the ROYAL FISHERY Company . E Reg. Soc. Philomath . LONDON , Printed by A. Godbid and J. Playford , and are sold by Langley Curtis in Goat-Court on Ludgate-Hill , 1680. TO THE RAEDER . Courteous Reader , THE Royal Fishery Company having lost a stock of 11000 l. chiefly by reason Six of their Seven Doggers , ( whereof Three were new built ) together with their Ladings , were taken in 1676 by the French , were forced in July last to sell their Vessels and Stores to one Mr. Benjamin Watson Merchant , with whom some others of the said Company were induced to adventure , ( by reason of Encouragements like to be obtained in the last Long Parliament , and yet hoped for ) to renew a small Fishery ( as a Basis to a greater ) to supply LONDON with Cod from about Michaelmas to Lady-day . Now for as much as such Little Fishery is blasted in the Bud with any fresh Loss , and cannot thrive without keeping out Foreign Fish , which were prohibited by the Irish Act , and the said Act is ceased , and now under Consideration of the Honourable House of Commons to be renewed ; it was necessary to offer what concerns the Fishery , yea and when the Welfare of a Nation is at Stake , it is but seasonable for any one that wisheth its Prosperity , especially one that hath been Chief Clerk in His Majesty's late Council of Plantations , where Arguments of like kind were winnowed , to propound his Sentiments . These Considerations begot the following Discourse : Which expects to meet with many Opponents . But there 's an able Pen in a Treatise now at the Press hath undertook to be an Advocate for the Importation of Irish Cattle : And I not knowing what Arguments he insists on , nor consulting him , and hearing his Book is large , and fearing it may come out too late , when the Debate is over ; took the opportunity to offer some sudden Thoughts about the same , to prevent ( if it may be ) the fatal Subversion of the Trade of England , which will thence ensue , as is herein shewed by A Well-wisher to its Prosperity , JOHN COLLINS . A PLEA for the bringing in of Irish Cattle , and keeping out of Fish caught by Foreigners , &c. FOreign Fish are kept out by an Act for the Encouragement of Trade , of 15. Reg. Car. 2. the Epitome whereof is , That after the first of August , 1664. no fresh Herring , fresh Cod or Haddock , Coal Fish or Gull Fish , is to be imported , but in English-built Ships or Vessels , according to the Certificate , the Master and three Fourths of the Mariners to be English , and which hath been fished , caught , and taken in such Ships or Vessels , and not bought of Strangers , on forfeiture of the Vessel and Fish , one Moiety to His Majesty , and the other Moiety to the Informer . Foreign salt Fish though is to pay as followeth : l. s. d. Cod Fish the Barrel — 0 5 0 Consequently the Last of 12 Barrels — 3 0 0 The Hundred cont . 120 — 0 10 0 Cole Fish the Hundred of 120 — 0 5 0 Ling the Hundred of 120 — 1 0 0 White Herring the Last — 1 16 0 Haddock the Barrel — 0 2 0 Gull Fish the Barrel — 0 2 0 By the said Act every Head of great Scotch Cattle imported after the 24 th of August , and before the 20 th of December , in any year , is to pay 20 s. one Moiety to the Informer , and the other to the Poor of the Parish . This Act is in force , and by vertue of it Stock Fish not being caught by our Vessels , are barr'd out . And by the Act against Importing Irish Cattle , 18. Reg. Car. 2. no great Cattle , Sheep , or Swine , or any Beef , Pork , or Bacon , ( except Sailing Provisions ) are to be Imported from beyond Sea after the Second of February , 1666. hence Westphalia Hams are barr'd out . By the said Act no Ling , Herring , Cod , or Pilchard , fresh or salted , dried or bloated , or any Salmon , Eels , or Congers ; taken by any Foreigners , are to be imported or sold on penalty of losing the same , the one half to the Informer , the other to the Poor of the Parish ; and the same Penalty is on Flesh before-mentioned . This Act is expired , and is now endeavoured to be rendred perpetual . The Query may be , What Clauses ought to be renewed ? And with what Exceptions ? And for what reason Fish or other Commodities ought to be kept out ? The Reason we take to be this : Those Provisions or Wares that England doth or may afford , enough , good , and to spare , ought not for our own Expence to be Imported or admitted from abroad . The Argument thus limitted is granted , with two Cautions : The First is , Provided one part can supply another without great inconvenience . The other is , That there be some Grains of Allowance for delight or ornament , besides necessity . Hence we having no Stock-Fish , which being never salted is of great use in East-India , and long Voyages , that ought to come in : As to Cavair or Roes of Sturgeon , and Sturgeon it self from the Sound ; Potargoe's , or Roes of Mullets and Anchova's from Italy , they were never barr'd ; and Westphalia Hams being chiefly for the City Treats , may be admitted under the Exception of Delight . To which I shall not add three Vessels of Eels that usually and yearly come laden from Holland , but leave it to the Parties concerned : And these being permitted , all other Fish caught by Strangers that were not by the former Acts admitted , may be kept out Though the Irish Act seems to be built upon the Reason abovesaid , yet I have heard of another Motive thereof ; to wit , after His Majesty's Restauration much Money was raised to disband the Army , to releive His Majesty , and pay his Debts , and vast Sums brought out of the Country in Specie , to carry on the first Dutch War. The Country finding the want of Money , the returns whereof were much obstructed by the Plague in 1665. whence also the expence and price of Provisions much fell , began to complain we wanted People , and to consider by what means it was possible to get the Money to return again into the Country . Some alledged there was no better way of doing it than by keeping out all Foreign Flesh and Fish , to the end London paying dear for their Provisions , the same would not only rise in price , but hasten the return of the Money : Adding for Reason , that as long as Provisions were cheap , People would be lazy and forbear work ; and that the way to raise both Land and Provisions was to reduce Interest of Money to a low rate . And these Reasons , with the first about England's Plenty prevailing , an Act passed , prohibiting God's Blessings . Others have undertaken to shew the ill Consequences thereof , and therefore I shall not engage in it , farther than to add two or three Arguments ( that perchance are not obvious to them ) as a means to occasion better measures to be taken , than to pass this Act , at least for any long time or perpetual . The First Argument . The Right Honourable the Lord Brereton lately deceased , lent me a Paper to peruse , that was a Copy of A Report of the Irish Council of Trade , intended to be presented to his Excellency the Lord Lieutenant and Council of Ireland , dated March 26 , 1673. in Obedience to An Order of Council of Jan. 20 , 1672. concerning the Trade and State of that Kingdom ; what were its Aggreivances , and the Remedies . Amongst other Articles I find divers relating to England , which are inserted at large into this Discourse , to wit , in Article 15. it is alledged , That Ireland pays a yearly Debt to England of about 200000 l. In Article 16. 't is said , That while the Cattel-Trade for live Oxen and Sheep was open , the value of all the Cattel exported to England never exceeded 140000 l. per Annum , whereof 60000 l. per annum was Commodity , to wit , Hides , Tallow , Wool , and Freight , so we had but 80000 l. in Flesh : In lieu whereof , they had Goods from England to about three or four times the value , that is , 280000 l. And Article 17. the Customs between England and Ireland in the freest Trade , are said to come to 32000 l. per annum , as appears by their Custom-house Books . And therefore after a Harangue of some hard Measures in Article 13. come to a result in these words Article 17. That about one third of all the imported Manufactures might be made in Ireland , and that about two Thirds of the Remainder might be more conveniently had from Foreign Parts than out of England : And Consequently it is scarce necessary at all for Ireland to receive any Goods out of England , and not convenient to receive above one Fourth from thence of the whole which it needeth to Import , the value whereof is under 100000 l. per Annum . The Case being thus , 't is highly our Interest to admit not only Irish Cattel , but all their Commodities , to keep them by Agreement , on equitable terms ( hereafter propounded ) from furnishing Foreigners ; their Hides were formerly wrought into Shoes , and exported to the Plantations ; as also Tallow . And as to their Wool , if they are permitted to export it , either manufactured or unmanufactured , it will in time ruine all the Wool and Cloth Trade of England , for now they feed on their lean Cattel , export their fat , and increase their Flocks of Sheep . In sum , Ireland can and doth sell to Foreigners Wool , Hides , Tallow , Flesh , and Fish , at about one Moiety of what England can afford them at ; and seeing our Lead and Tin are also in a very declining condition , as is hereafter shewed , it follows , that this must be redressed , or our Commodities lie on our hands : The Merchants in their humble Remonstrance in 1659. to the then pretended Parliament , represented it as their judgment ; That for as much as the Ground of Ireland was of far less value than that of England , an Acre there nor being worth 4 s. which is here worth 40 s. and Provisions so much cheaper , and consequently the Labours of Men ; they might afford their Commodities one half cheaper than the English can do : So that in time , if this were not redressed , Ireland would get all the Trade from England ; but if not , 't is better to Trade with them on an Over-Ballance than not at all ; and better to lessen their Markets abroad , than quite to obstruct our furnishing the same : Whence the Query resulting is this : Have we , or is it fit we should have , a Power over Ireland , to hinder them from selling their Commodities in Foreign Parts , when we will not have them our selves ? If we have , it is not well observed , of which take the following Narrative . Mr. Euclid Speidell a Custom-house Officer , informs , that in the year 1678. there were 40 Ships lading of Wool Shipp'd off from Ireland , that according to Cockets ought to be unladen in England , but none of it arrived here ; the Contents he certainly knew not : But according to a moderate supposition , Mr. Poyntz , His Majesty's Tapestry-maker , hath given the following Calculation ; to wit , 40 Ships or Vessels at 40 Tuns each is 1600 Tuns , which will employ 29458 Men , Women , and Children , for a year , allowing 3 Persons to a pound of Wool for a day ; in some of the faculties of Carding , Spinning , Combing , Weaving , Dying , and Dressing , which at 6 d. each per diem comes to 268804 l. per annum . And according to Mr. Poyntz all these Faculties may be estimated to employ 96000 Persons for a year , who may earn in that time at moderate rates 750000 l. which if wrought beyond Sea , is not only so much loss to His Majesty's Native Subjects , but as much gain to Foreigners , besides the loss of Navigation and Money , if the same should come in upon us . The Second Argument . Secondly , Suppose that Act pass , and Irish Cattel are barr'd out ; and this in favour to the Western and Northern Parts , or breeding Grounds : I say , His Majesty and the Eastern and Southern Parts are for the present the losers ; and in the event the Nation shall have no Fishery , nor by consequence be able to contest the Dominion of the Sea. Of each severally . 1. His Majesty loseth most of the Customs of 32000 l. a year before-mentioned ; and also much by the over-dearness of Provisions for His Navy , which are twice as dear at home , as our Neighbours over the Water are furnished with them from Ireland ( as followeth ) , in so much that if another War at Sea should happen , the Nation in this respect must soon groan under it as an unsupportable burthen . 2. The Kingdom loseth the Navigation between England and Ireland and consequently the Employment of three or four hundred Sail of Ships and Vessels , and the breeding of Mariners to manage them , whereof ( alas ! ) we have too few . 3. The Eastern and Southern Parts have lost their Victualling of the Dutch , and of our own Merchant-men , as may be plentifully proved from the Searchers Office at the Custom-house , and 't is already asserted in Print , that our Ships for the most part , Westerly or Southerly bound , Victual here but for six Weeks , and take in the rest of their Provisions in Ireland , or Irish Provisions in Spain , according to contract made for the same : Whereupon I put this Querie ? Shall English Ships be permitted to Victual in Ireland or not ? If yea , then our Provisions are not spent at home , contrary to the Hypothesis in keeping Cattel out ; and our Money must be returned to purchase them there . If the English shall not be allowed to Victual there , I further Enquire , shall the Irish be permitted to carry their Provisions abroad , or sell them to strangers at home , or both ? Have we power to impose upon them . If they shall be permitted to carry them abroad , our Provisions cannot obtain Foreign vend , as being much dearer than theirs : And when they Export their Provisions they will also Export their Commodities , and furnish their returns . Of this take the following instance ; to wit , a Sea Commander Captain Swaine informes , that for 5 years past there were seldom less than 20 Irish Ships frequently at Dunkirk , Laden with Beef , Tallow , Hides and Leather , much Butter and some Wool ; And that all the Capers or Privateers during that time were furnished with these Provisions . That divers other Irish Ships furnisht Ostend : and many of them he hath seen at Nants , Burnes , Rochel . That at Dunkirk , the Irish sold their Provisions at the following Rates . Tallow and Butter the Hundred Weight , from 20 to 22 Livers , That is , from 30 s. to 33 s. whereas 100 l. of Butter cannot but cost dearer here , a Liver may be reckoned at 18 pence , and 10 Stivers to a Shilling , there is no great disparity in Weight , 100 l. there makes 104 l. here . A Barrel of Beef Weighing about 2 Hundred and a half , from 12 to 23 Livers ; That is , from seven and six pence , to thirteen and eight pence the Hundred Weight . Tann'd Leather from 14 to 18 Stivers a Pound Weight , that is , from 16 pence to 21 pence . That there was Imported but little Provisions besides Corn from England , to wit Butter ; by which there was no great gain . Cod , Salmon , and Herrings , abound most plentifully on the Irish Coasts , insomuch that some years there hath been seen at Wexford , no less than 200 sail of Ships at a time , part English , part French , but most Dutch , taking in Herrings and other Provisions , where a mesh of Herrings containing about 500 is commonly sold for Four Shillings , often under , and sometimes higher , and about two mesh fill a Barrel , moreover Cod at other places are sold for 4 d. or 5 d. a peece . So that if this be permitted , and no redress found , it will be a folly to catch any Herrings in the Channel , in hopes of a profit by sending them to Spain or into the Streights , when at Yarmouth the first cost of a Barrel of Herrings is above double the value they cost at Wexford , one Mr. Jared Hancock , and others will attest the assertion . The Third Argument . Hence we must either allow Ireland a free Trade with others , to the subversion of the Cloth Trade of England , and the incredible prejudice of the Fishery , and of Trade and Staple Commodities in general ; or by agreement with them on equitable terms , ( hereafter propounded ) get so high a Duty of Customs laid on their Commodities as may , if exported by Foreigners or by themselves , unless to England , render them of equal or rather higher value than the like Commodities in England , and then take off as many of them as we can , and furnish them to others ( after improvement here ) at the second hand , the latter ( if we will avoid our own destruction ) is the choice to be made . Hence their Cattel , &c. ought not to be refused ; and in what else can they pay England the debt before mentioned , and over ballance of Trade . The Fourth Argument . The prime reason for Barring Foreign Commodities holds not in this case . The Irish Cattel in question , with their Hides , Tallow and Wool , are not so much Imported for our expence , as to Ship off , to furnish Foreign Markets withal , and are received in payment of an annual debt , which cannot be well otherwise returned from Ireland . Lastly , If we ought not for our own expence to be furnished with Commodities from abroad , that we can supply our selves with at home , then ought we to have no Foreign Salt , Iron , Brass , Paper , Tapestry-hangings , Canvas , Linnen , Earthen-wares , Madders , Safflore , Smalt , hard Soap , tinned Plates , and divers other Commodities of lesser moment Imported , and no Salt Petre from the East Indies , nor Sugar from Portugal , seeing our own Plantations will afford it . And if we admit these great concerns from Strangers , 't is more fit his Majesties Subjects should have a free Trade with one another , for matters of far less moment : As to that straw , that unless Provisions be dear the people will be lazy , and will not work . Answer , 't is granted necessity begets industry , yet notwithstanding if some will be idle , it follows not that all or the Major part will be so : Poor people must either work , beg , or steal ; If the latter , besides saving the Almes of the Parish , there are Houses of Correction and punishment . Moreover goodness and cheapness are the main inducements to put off any Commodity : And it canot be well apprehended how Labour shall be cheap and Work plenty where Provisions are dear , where the one riseth the other doth so likewise : As at London and in other places where Provisions are dearest Labor is dearest : And this assertion is contrary to experience in memory , to wit , before the year 1640. Provisions were much cheaper than they are now , and Labour likwise , and work more plentifull , for then we had a great Trade ; And about 60 Ships of about 400 or 500 Tuns burthen employed in the Streights , which afterwards in 1659. came to be reduced to 6 or thereabouts , as the City represented to Olivers Council : Whereas on the contrary at present we have so little work that many thousands of Families of Salt-workers , Rope-makers , Weavers , Dryers , Potters , Tanners , &c. have no Employment . And to make Provisions dear as a means to make the poor work , is the ready way to drive them into Foreign Plantations , where they may either have greater Wages for their pains , or Ground for Plantations given them by the Law of the Country . Those that are for grinding and made the Objection , I suppose would not willingly undergo a mean comfortless drudgery themselves . As to that Allegation about a low rate of interest , to the intent Lands and Provisions may rise in value : 'T is granted and affirmed , that according to the Laws of Arithmetick for yearly Purchases , if Money be at 4 in the hundred , Land should be at 25 years Purchase ; and at 5 in the hundred at 20 years Purchase : though the Effect doth not always follow the supposed Cause : As in the year 1640. when Money was at 8 per Centum , and Land should have been worth but 12 and a half years Purchase , yet it was commonly sold for 20 years Purchase ; Whence take this Sorites . If Land rises , the Commodities the Land yields must also rise , otherwise the Tenant cannot pay his Rent . This rising-price must be paid either at home or abroad , if neither , consequently a low Rate of interest cannot advance the price of Lands . Cloth , Lead , and Tin , are our chief Staple Commodities : And whether these will bear a considerable Rising price abroad or at home , is the Querie : 1. As for Cloth , I hear the Merchants hazard is great and gain little ; and it was more formerly : This saith Mr. Baker , an eminent Merchant in a Book of the Spanish and Smyrna Trade , Printed in 1659. page 13. Intituled the Merchants Petition and Remonstrance . The Clothiers and others complain against the Merchants in general , that they take not off and buy their Cloathes , and other their Manufactures : nor give them such prices for them whereby they may make a Livelyhood . But the Turky Merchants complaints are very great , because they are rather losers than gainers by the sales of their Cloth , ( on which Commodity I lately lost 10 per Cent out of my principal on an hundred Cloaths , well bought and sorted , that I sent to Smyrna : ) And to put off our Cloth we are now forced to remit quantities of Monies to Purchase the Commodities of those Countries ; which tendeth very much to the consumption of the English Stock . At that time the Turks besieging Candy , in reason Cloth should have sold dearer than now , when they are far in the Inland Country , and when Turky is supplyed with the Cloth of Germany by the Venetians . 2. As to Lead , Mr. Baker page 8. saith , that during the late ( Usurper's ) War with Spain , the Spaniards wanting Lead Employed those that had skill in Mines , who presently found most excellent Mines by Xaen , and since they have needed little of ours from 1634 to 1646. saith Capt. Thomas Bushell , that great Miner , in his Case printed in 1649. pag. 13.3 or 4 Thousand Tuns yearly raised , was and now is the Trade and Customs , both by Transportation and Importation . 3. Concerning Tin , I have heard divers Merchants of late years affirm , they could not get the Interest of their Principal by it ; and when the Debate about Tin Farthings happened , the Pewterers affirmed , That there was 22000 l. worth of Tin at Smyrna remaining , that had been some years in the hands of one Mr. Pythorne , a Factor there , that he could not sell to any advantage ; and it 's well known that Tin was never so cheap at home , nor more of it lying on our hands than now , albeit His Majesty ever since 1666. hath received no benefit by his Prerogative of praeemption , nor is like to have any for the future ; whereas in former times it was farmed at 12000 l. per annum Rent . The Case being thus , give me leave to make a Digression about the improvement of our Native Commodities . Endeavours have been on foot to restore this fallen branch of the Revenue by Farming it of His Majesty , and coming to a Composition with the Miners of Cornwal to take off all the Tin the Mines yeild , or at least 1200 Tuns per annum , but there were two Rubs in the way ; the one was , the Convocation could not well come to such an Agreement , till an Act of Parliament was obtained to bind all particular Miners to stand to such contract as the said Convocation should make : The other was , the Farmers would not undertake such Bargain without Covenanting with His Majesty , to supply England , Ireland , and the Plantations , with Tin Farthings , a Pound weight of them to be cut into 16 Pence , that by the profit of these Farthings the Farmers might be enabled to pay their Rent . This Design was opposed by the Mint as a gross cheat and an abuse to be put upon the Nation . Amongst many things alledged against Tin Farthings : I shall enumerate some of the most material , as 1. That a Metal might be made whiter and harder than Tin of poysonous Ingredients , viz. Spelter , Arsenick , Regulus of Antimony , &c. 2. That such Metal , when worn , would not yeild above Two Pence a Pound , or little more , and no Pewterer durst use it , as being contrary to Law. 3. That Tin Farthings might be coyned with a Hammer , cast in a Mold , squeezed in a Vice , and be counterfeited by any Tinker , Plummer , Smith , Glasier , Tinman , Watchmaker , &c. 4. Hence a Query was put to the Farmers , whether they would change all that were brought them or not , good or bad , either made by themselves or others ? And if so , who should allow the Country and City Brewers their Charges , in sending them up to London in Drays and Wagons , with Tellers ? 5. They refusing , it was inferred , that if Tin Farthings were Established , His Majesty must receive His Revenue of Excise ( and the Duke of York his Postage ) in Tin Farthings , in regard a Brewer cannot avoid the taking of much Money in Tin Farthings at home of Tub-Women and Firkin-Men , and abroad of the Ale-house-keepers that are his Customers . These Arguments ruined that wretched Design , and I pray let it sleep in its Rubbish . Afterwards one Mr. Vane deceased , proposed a Design to make Tin the fundus of a Bank ; to be managed for His Majesty's advantage by Commissioners that were able Merchants , that could pay the Miners by Contract for the Tin quarterly , and be reimbursed by Sales , when it should bear a price , or by others that would have credit in the said Bank : And His Majesty to promote the same , bought up 60000 l. of Tin when it was cheap , to wit , at 3 l. 8 s. 6. d. the Hundred weight , of which this was the event : The Plot breaking out , and the Parliament not sitting , such Contract could not be made with the Miners ; and the said Tin , after it had with Warehouse room , and Interest of Stock , cost about 3 l. 16 s. the Hundred weight , was sold at the African-House for about 3 l. the Hundred weight , or little more ; and those that bought it so , Shipp'd off most of it to Holland , and are ruined by the bargain . And the cause is this : The East-Indies abounds with Tin , which the Dutch buy there at about 5 d. a Pound , and bring it home for Ballast Freight free ; and they have brought home so much in former years , as to bring down the price of ours . See a Book of the East-India Trade printed in 1667. where in pag. 9. you have this passage : As for Tin , there is vast quantities in some parts of India , the Dutch during the time of the late proeemption of Tin having brought home in two years 4 or 500 Tuns : And it might be more advantagious to the English Company , not only to transport Tin from one part of India to another , rather than to send it from England ; but also to bring Tin from India to England , for Ballast of their Ships that come with Pepper from Bantam , did they not prefer the Kingdoms Interest before their private Profit . The Dutch , in August 1678. brought home , as a Letter from Holland mentions , above 150 Tuns , which is said to be 5 s. a Hundred weight better than ours ; and at first sold it at 3 l. 5 s. the Hundred weight , then fell to 3 l. then to 2 l. 15 s. and ours would not sell for above 2 l. 10 s. The Case being thus , to apply a Remedy I must humbly Address my self to the Honourable the Members of Parliament that serve for the Counties of Devon and Cornwal ; and Propound , That whereas we now in England make Salt the best yet known in the World , and are notwithstanding much oppressed by Foreign Salt ; to Redress which , the Salt-workers have for many years endeavoured to bring on a small Excise on our own , to recompence His Majesty for the loss of the Customs of Foreign , to be kept out by a high Duty . 1. That you be pleased no longer to oppose such Excise , upon pretence that our English Salt will not cure your Pilchards . I have a Treatise of Salt ready for the Press , shewing the several ways of making of Salt in England and other Countries , and setting forth the Excellency and manner of using our own in curing both Flesh and Fish , for the longest of Voyages through the hottest of Climates . 2. That you vouchsafe to make use of such opportunity to remove all burthens upon Tin , as well Sealing Duty of 4 s. a Hundred weight , which may come to 5000 l. per annum ( except a competent Recompence to the Officers for sealing such as is free from Iron and Dross , according to Constitution ; ) as also exporting Duty of 7 s. 4 d. a Hundred , which may come to 7000 l. a year , or more . 3. That then a Farm of all the Tin the Mines produce , be let to the Turky and Pewterer's Company ; the one will so regulate the Price abroad , and the other at home , that we shall not be undermined by the Dutch. This done , the said Companies may erect a safe Bank , and not be damaged , albeit they have Tin on their hands to a vast quantity and value . The advantages of Banks are great , whereof I shall mention but one ; It enables the Hollanders to Trade with a dead stock : to wit , when a Laden Ship arrives , the goods are appraised , deposited in the Bankers Ware-houses and Credit given at home or in Foreign parts , for about three quarters of their value ; which is an incredible advantage in Trade . I further humbly represent to you , that in the Usurper's time an Excise of a half peny a Gallon brought in 26000 l. per Annum when Fishery-Salt was excepted , and paid nothing , the which was observed to be a notable back door and a Cloak to many fallacious pretences , whereas laying the duty universal , the revenue raised by Fishery Salt , being employed for the advantage of a Fishery Trade , shall much more advance the design , than the payment of such duty can hinder it , especially seeing our Neighbours cannot be furnisht with Salt for that purpose so good and cheap , as we by 12 or 15 per Cent ; And in case the same be employed in the Royal Fishery Company at London , out-parts may complain their Fisheries are discouraged ; to which may be replied that at London a duty is paid upon Ballast , but not the like in the out-ports or most of them , where a revenue may be levied on Ballast to promote their respective Fisheries ; And if such duty be laid universal and well managed it may produce 38000 or 40000 l. a year . And such a stock as that Employed to encourage our Manufactures , shall enrich the Nation much above a Million a year ; I offer how and most humbly move you to promote : 1. In setting up a Fishery Company , to have 10000 l. a year given them , to Build Ships and Vessels to encourage Adventurers to undertake the Fishery Trade , and the making of Twine Nets , Canvas , and Cordage , at Clerkenwell work-house , not only for their own use , but also for his Majesties stores ; as is hereafter propounded . And if they be rendred a Council of Trade , ( for which reasons are afterwards given , why they are or may be a most proper constitution , ) they will go far in earning such benevolence , and doubtless give such advice as followed shall redress the aggreivances of the Nation about Trade and Manufactures . 2. There is a new Art of preparing , whitening , and dressing both of Hemp and Flax , that shall render it of a silver Colour , so fine that of one pound of it a thread may be made 20 Miles long , and in value to 50 s. or 3 l. Hence we want no Foreign Linnen nor Canvas , which may be barr'd out by a high duty . Of the refuse or Tow thereof , of Raggs , Old Fishery Netts and Sails , may be made Paper ; whereof we spend in England in Writing and Printing , about 1000 Reams a day , or to the value of 120000 l. per Annum . Good Paper is made in Germany and Holland ; and the Art thereof is attained in England ; but to encourage the same here , there wants a higher duty on Foreign Paper ; and a Company with a good stock to undertake the same ; the which might be the Stationers Company , with other Adventurers ; to whom for encouragement might be allowed the use of 5000 l. per Annum Gratis ; to be taken out in Stationary Wares for the supply of all his Majesties Offices . 3. By the like encouragement , the Upholsterers with others might be induced to undertake the Manufacture of Tapistry hangings , the benefit of gaining such Manufacture is great , viz. 1. It will save an expence of Foreign Wool , and beget an expence of our own , to the value of One hundred thousand pounds per Annum , now imported in Tapestry-hangings . 2. It will cause our Cloaths to go off in Turkey in Barter , to procure raw Silk to work up with the said Hangings . 3. It will in the ballance of Trade save the value of such Hangings yearly to the Nation , and in time become a Staple Commodity to Ship off , in regard we can have Wool , Silk , and Provisions , much cheaper here than in Flanders , and Brabant , the sole Provinces where this Manufacture was formerly made , the skill whereof is now well attained in England ; but Encouragement in its Infancy by keeping out Foreign , and a Stock to carry it on , is wanting . 4. It will employ many thousands of poor People in Carding , Combing , and Spinning , besides Dyers , Weavers , Worsted-workers , Drawers , and D●signers . See the excellent Proposal in Print of Mr. Francis Poyntz , His Majesty's Tapistry-maker . 5. The Parliament having lately built 30 Men of War , 't is hazardous to trust them and many more in the River of Medway ; and besides , their Moorage and Attendance is very chargeable : A wet Dock would add much to their safety , and prevent much of the constant charge A Proposal may be drawn where to make such a Dock , with a Pool behind it wherein to keep Masts sunk , and at what Charge ; which might be defrayed out of the Excise upon Salt. Lastly , if there be yet a Surplus , the Revenue of the Mint craves it ; the said Revenue was much too short for Coyning any considerable quantity of our Moneys into smaller pieces than Shillings , even before the Prohibition of French Wines , ( which paid 10 s. a Tun Coynage-duty ) and became a notable Abridgment of such Revenue , namely , 6000 l a year . Moreover to Coyn more Moneys small , is the best way to accommodate the People , and prevent its Exportation . Now , after a long Digression , having shewed that our Commodities will not yeild the intended rising Price abroad , it seems ridiculous to suppose they should rise , lying on our hands at home . I proceed to shew the languishing Condition of our Foreign Trade , and that in opposition to those gross ignorant Flatterers , that say , England was never more thriving , our Trade never greater , nor safer , and so endeavour to beget an Enmity in the Gentry , or Country Party , against the City , the Merchants , and Trading part of the Nation . As to our ready Money , if we have about 7000000 of People in England and Wales , as Mr. Graunt , Sir William Petty , and others , on rational grounds suppose , and but 1000000 of ready Money , as Mr. Mun , and others , guess ; these , if equally distributed , would not be 3 s. a piece . As to our Foreign Trade , I begin with that of the East-India , where the Dutch have not less than 50 or 60 Men of War , and such vast numbers of Trading Ships , that it 's ordinary to see 140 Sail at a time in Batavia Road , from 300 Tuns burthen to 1400 Tuns , not to mention 37 Magazines , and 20 considerable Forts , as we read , asserted in the printed Translations of two French Treatises of the East-India Trade . How small our number of Trading Ships thither is , ( to wit , 15 or 16 ) and how great our danger ▪ I need not to mention . As to the West-India Trade , they have in a former War got Surinam from us , which ( as the late Lord Brereion affirmed ) hath sometimes yeilded about 3000 Tuns of Sugar in a year , and will yeild as much of that Commodity , Tobacco , &c. as they can get hands to Plant and manage , and being on the Main , is more free from Hurricanes , and more temperate , than the Leeward Islands ; amongst the Westwardmost of which , they have one called Curasao , the Mart for their Negro's ; amongst the Eastwardmost they have Tabago , and claim two little Islands from us , to wit , Sabia , and Stacia aliàs Eustachia , near St. Christopher's , which the French took from us in 1666. and by the Treaty of Breda were to restore , but baffled us ▪ selling them to the Dutch , from whom our Governour Collonel Stapleton took them in 1673. and the Dutch under Everson retook them in 1674. he being gone , valiant Stapleton retook them the same year ; and on the Conclusion of the last Peace with the Dutch , it not being known ( as is presumed ) that they were in our hands , we agreed to restore what was taken from them , and they what was took from us ; accordingly they restored to us New York , and expect to have Sabia and Stacia from us , which , if we keep , will do us no good ; but if we restore much hurt , for whilst the Dutch had them , they framed the Timbers of Sloops in Holland , carried them thither in the holds of their Ships , and there compleatly built them , a Sloop being a Vessel of about 25 or 30 Tuns burthen , and with these they went a Trading by stealth to replenish our almost-ruin'd Islands with Negro's in barter for Commodities , to wit , Cottons , Sugar , Tobacco , Indigo , Ginger , Fustick , and other dying Stuffs ; and by vertue of such Trade with the French which they allow , and with us by stealth or connivance , they have some years laden home many Ships , as 12 or more , of Goods of the growth of those Islands ▪ to His Majesty's great loss in the Customs , and carrying them home into Holland , and thence Exporting most of them to Foreign Markets almost Custom free , were capacitated to under-sell us 12 or 15 per cent . and 't is their chiefest aim in getting Islands there not so much to Plant , as to drive on this kind of Trade . How great our loss of Negro's and Inhabitants was in 1666. off the Islands of St. Christophers , Montserat , and Antego , is not so proper to mention as bewail , in regard the French have more Islands full Mann'd , and a considerable Fleet commonly abroad in those Parts . Thus we see the danger of our West-India Trade , except that of Newfound-Land , for poor Jack in which we are undermined by the French , and New Englanders by aid of 1000 of our own Seamen that stay'd there on shoar in 1665. to avoid the Service against the Dutch , where in a following years expedition our damage was so much , that the Town of Dartmouth alone lost 8000 l. but of this more largely in my Salt Treatise . Before I come to our Streights Trade , let us consider the Dutch advantages over us at home , did they Trade meerly not to export again , which are these : 1. Their Ships lying for the most part at or near their own Doors or Ware-houses , they save Lighterage and Cartage . 2. They save Interest of Money , not paying Duties there 'till a Sale , whereas here we pay Customs upon entry . 3. Their 7 Provinces , Switzerland and Germany , spend more imported Goods than England can spend ; these Countreys are furnished by Boats and Vessels , some of 40 Tuns , that go above 500 miles up the Rhine , as far as Franckfort , which is not now hard to do by aid of towing Engins in Boats. The late Lord Brereton affirmed , the French make way up the River Rhodanus , one of the most rapid hitherto known , by a new Invention , after the rate of 4 or 5 miles an hour . 4. Down these Rivers they are furnished with Rhenish Wines , and other German Commodities , in large flat-bottom'd Vessels built of great Timber , never intended to return , out of which they build their Doggers , Busses , and Fishery Vessels , at about half the Rate we can do the like in England . 5. Their Bank enables them to borrow Money , and to Trade with a dead Stock , that is , Goods there deposited : By aid of such Bank , they in former years furnished about 80 Sail of Trading Merchants Ships in the Streights of about 600 Tun , and 30 Guns each , with a Stock of ready Money to be let out at Bottomree ; that is to say , the Money is lent to Jews , upon taking in a Cargo of Goods at one Port , at the rate of 10 per cent . for Interest and freight , less or more , according to agreement , the Owners to run all hazards whatsoever of Shipwrack , Pirates , &c. and when the Ship arrives at the Port whereto she is bound , the Money is received on board before the Goods are delivered on shoar : In the mean while the Owners ensure at a moderate rate at home , by this means sending out their Ships with East-India , and Northern Commodities of Russia , the Sound , &c. they keep them in long Employment abroad . I have seen 40 of these kind of Ships at once employed as Men of War in the Venetian Fleet , when the English have not had above two or three ; neither have we the like way of employing our Ships abroad , or little practice it . 6. The Dutch Trade , as Carriers , to supply all Foreign Markets with all sorts of Commodities , the English Trade chiefly to export their own Goods , and furnish Returns for their own Expence : And this comes to pass by reason we pay Customs , or a Duty , when we import Goods , and they Excise , that is a Duty not paid 'till the Goods are sold for Expence . The Disparity is so great , that it hath been the prime cause of the greatness of the Dutch Trade , Wealth , and Power at Sea. In 1641. Mr. Lewes Roberts represented to the Long Parliament , in his Book called The Treasure of Traffick , two Examples thereof , to wit , suppose two Ships of equal burthen of 300 Tuns each , to come out of the River of Bourdeaux laden with Wine , the one arrives at London , and pays Duties inward , the other at Amsterdam , and then both Export ; the Charges at London come to about 1200 l. and at Amsterdam 60 l. and in two Ships of Tobacco of 200 Tuns each , the charges shall be here 1000 l. and in Holland 120 l. And by reason hereof the Hollanders use to employ about 300 Sail of Ships every Winter to bring in French Wine and Brandy to Ship off again , to the quantity of 40000 Tuns , by which they could not get less than 2 or 300000 l. and 200 Sail more for Salt. I have twice seen Fleets of theirs of about 500 Sail at a time in the Isle of Wight , whereas the English only trade for 11 or 12000 Tuns of Wine yearly to spend . The Case being thus , and our building and sailing with more hands more chargeable , it is no wonder we do not much thrive , albeit we drive on rather a great Navigation , than a profitable Trade . This inconvenience was long since represented to King James by Sir Walter Rawleigh , as we find in his little Book of Observations upon Trade , printed in 1653. pag. 10. in these words : Of this their smalness of Custom ( meaning in Holland , Hamburgh , &c. ) inward and outward , we have daily Experience ; for if two English Ships , or two of any other Nation , be at Bourdeaux , both laden with Wine of 300 Tuns a piece , the one bound for Holland , or any other petit States , the other for England , the Merchant shall pay above 900 l. here in Duties , when the other in Holland shall be cleared for 50 l. and so in all other Wares and Merchandizes accordingly . It ought to be an Instruction to a Council of Trade , to State an Accompt thereof on every Commodity . He proceeds , and saith ▪ That this draws all Nations to Traffick with them , and although it seems but small Duties which they receive , yet the multitudes of all kind of Commodities and Coyn that is brought there , and carried out by themselves and others , is so great , that they receive more Customs and Duties to the State ( besides Excise ) by the greatness of their Commerce in one year , than England doth in two years , for the hundredth part of the Commodities are not spent in Holland , but vended into other Countreys , which makes all the Country Merchants to buy and sell , and increase Ships and Mariners to transport them . My Travels and meaning is , neither hath been to diminish your Majesty's Revenues , but exceedingly to encrease them , &c. This might be remedied , by changing that part of the Duty of Customs that concerns Foreign Goods , into an Excise , to be managed in the same places , and by the same Offic●rs , and that without detriment to the Revenue , laying the Excise upon the Expence , especially of Goods we may want , or best spare , high , and yet hardly raise the price of them , for where Goods are plenty they will be cheap , and People will be rather content with a small profit at home , than run the hazard of a greater abroad . If the advice of our renowned Hero had been followed , the Dominion of the Sea had never been disputed , which if once gained by our Adversaries , ( as an eminent Peer in his Speech , well observed ) is never to be lost , or recovered ; and if so ; we might possibly be at their mercy : whether the River of Thames should be stopt from Coals and Trade or not . That we have lost the Greenland , Muscovia and Fishery Trades , is notorious . And all this digression , is but to render Gentlemen that may possibly meet with this discourse , more kind in their measures towards the trading part of the Nation : especially at such a time , when our staple Commodities , and Forreign Trades are under such circumstances : and we not out of danger of our Neighbours entring into a Conjunction against us . The Remedy we Propounded in the Third Argument , will destroy the greatest part of the profit , the Irish could or might have had , by Trading with any but our selves . We must therefore propound equitable Terms of amends , Namely : that whereas we are now Furnished with Linnen , and Canvas , from Forreign parts , to the value of much above a Milion a Year : We ought to encourage the planting of Hemp , and Flax , and the Manufactures thereof , by keeping out Forreign , both in Ireland and at home : And by taking off all that Ireland can furnish ▪ allbeit , it be to the value of 400 Thousand Pounds a Year : in that Commodity , and in building and fitting out ( if the Fishery Trade be well encouraged ) Ships and Fishery Vessels , Cordage , Twine , and Nets , Sails , and Barrels : which may be done there at Cheap rates , so by that means encourage their industry ; and receive payment for the Debt , payable to England aforesaid ; and for that great value of goods that used to be exported hence into Ireland . And withall allow them a Trade to our American plantations . This was the Advice of Mr. Baker , and many eminent Merchants , given to Oliver and his Council ; in 1658. as we find it , in Page 14 of his Book , Intituled , The Merchants Petition and Remonstrance : consented to by the Lord Mayor , &c. How great Prudence , and Right State Policy were it , That all encouragements , and immunities , should be given to those of Ireland , that should Sow , Flax , and Hemp , and that the same might be made into Linnen ; whereby England might become dependant on Ireland for the same . Which would make that Country to become very Rich , and Flourish ; And so the wealth of these Nations would be kept within themselves . And for a mutual Correspondency ; all the wools of Ireland , shall be brought into England : and converted into Manufactures . And these Manufactures Exported into Ireland , to pay neither Custome nor Excise . Whereby you will still keep Ireland dependant on England ; according to the practice of the King of Spain , in the West-Indies : Where Vines for Wines , Olave Trees , for Oyles will grow better than in Spain . Yet none are suffered to be planted , upon pain of Death ; because they may keep them dependant on Spain , for the Commodities of their own growth , and by which comes unto them most benefit . For if they should have permitted the planting of these in the West-Indies : they would not have needed that Assisttance from Spain . The West-Indies being large Territories : and the Ground of little value ; And the Ground of Ireland , being of : far less value , than that of England ; an Acre there , not being worth 4 s. which is here worth 40 s. And Provisions being so much cheaper , and consequently the Labours of men , they may afford their Wool cheap ; which being wrought into Manufactures , and that Countrey better situated than England , for Forreign Exportations , they might afford them the one half cheaper than the English should be able to do . So that Ireland in time , would get all the Trade from England ; And it will be no prejudice to them , to bring their Wools into England . Now the price of Wool , will not therefore be the Cheaper in England : rather they will have thereby a greater value , because the Commodities that are made of the same , will be exported again into Ireland ; and , Forreign parts , where the prices of these Manufactures would otherwise be lessen'd . And consequently the Wools , by how much they should make , and Export from Ireland , &c. This occasions me to say , that Carolina is a Plantation that yields Wines , Oyles , Silks : As Sir Peter Colliton , and others proved before his Majesties late Council of Plantations . The Council of Trade aforesaid , in the 12 Article , are desirous of an Accommodation ; and thus urge . If the Titles of Estates in Ireland , be the more hazardous and expensive , for that England , and Ireland , are not under one Legislative Power . If Ireland till now , hath been a continued charge to England ; If the reducing the last Rebellion did cost England three times more in Men and Money , than the substance of the whole Country , when reduced was worth . If it be just that men of English birth , and Estates , living in Ireland , should be represented in the Legislative power . And that the Irish should not be judged by those , who they pretend usurp their Estates : it then seems just and convenient , that both Kingdomes should be United , and Governed by one Legislative Power : nor is it hard to shew how this may be made practiable ; nor to satisfie , repair , or silence those who are interested , or affected to the contrary . ARTICLE 13. Articles of the Council of Trade before mentioned , at large . IN the mean time , 't is wonderfull , that men born in England ; who have Lands granted to them by the King , for Service done in Ireland ▪ to the Crown of England , when they have occasion to reside , or Negotiate in England , by their Countrey men , Kindred , and Friends , should be debarred , to bring with them Food , whereupon to live . Nor suffered to carry money out of Ireland : Nor to bring such Commodities as they fetch from America directly home , but round about by England : with extream hazard , and loss , and be forced to Trade only with strangers . And become unacquainted with their own Countrey ; especially when England gaineth more than it losses , by a free Commerce , as Exported hither , above 3 times more than it receiveth form hence . Insomuch , as 95 l. in England , was worth about 100 l. of the like mony in Ireland , in the free time of Trade . ARTICLE 15. The value of the Estates in Ireland , of such persons as do usually live in England ; the Interest of the Debts of Ireland , due and prayable to England : The pay of the Forces of Ireland , now in England ; The Expence and Pensions of Agents , and Sollicitors , commonly residing in England , about Irish Affairs : the expence of Irish and English Youths : now upon their Education , beyond the Seas . And lastly , the supposed profit of the two great Farmes now on Foot , do altogether make up more than two Hundred Thousand Pounds a Year . As a Debt payable to England , out of Ireland . ARTICLE 16. The value of the Cattel , viz. ( Live Oxen and Sheep ) Beef , and Mutton : carryed out of Ireland into England ; was never more than 140 Thousand Pounds per an . The Freight , Hides , Tallow , and Wooll , of the said live Cattel ; were worth about 60 Thousand Pounds , of the said 140 Thousand : And the value of the goods imported out of England , into Ireland , when the Cattel Trade was free . Was between Triple ▪ and Quadruple : the Net value of the Oxen , and Sheeps Flesh ; transported from hence , into England . Concerning the New Art of Preparing Flax , and Hemp , before mentioned ; it hath formerly been imparted to divers Members of Parliament , in the Words following . ( The Proposers name , being Franciscus Strick , a Flemming ) 1. HE hath an Art , to Dissolve it , and make it extraordinary Fine , Soft , and of a Silver Colour ; so that both the Flax , and Tow , may be Spun to an extraordinary fineness , and even Thread . 2. The Flax dressers , that dresses Flax the ordinary way in all places , cannot produce more than One Pound , and a Quarter , out of a stone of Flemish Flax , which stone ways Six Pounds . And the Proposer can produce Four Pounds and a half fine , out of the said Six Pounds ; that shall Spin as fine a Thread as theirs , and shall bear a price currant with the same . 3. In the dissolving , he takes nothing from the Flax , but the Earthy ponderous and unprofitable substance : which they must of necessity take out at last , after the great charges , in the Hackling and Spinning of the said Flax. 4. They must Boyl , or Scoure their Thread , or Twine , after it is Spun , to take out that filthiness , which the Proposer takes out before : And in so doing , they lose out of every Pound of Twine , one quarter of a Pound ; which is more worth , than the whole stone of Flax , before it was prepared . 5. The Proposers Twine or Yarn , needs not to be Boyled after it is Spun , or any other thing done to it . Onely given to the Weaver , or Throwster : to be Woven , or Twined , into fine Thread . 6. It will be an evener Thread , and the Weaver needs not to stiffen it , ( with size , ) as they do their own Thread , by which means it will be much easier and more speedily Twined , and will be much stronger : thereby the stock will have more speedy returnes . The Proposer's charge being but small , in the preparing of it . 7. The Tow may be spun as well as the Flax ; and the reason is , because of its extraordinary fineness , before it is hackled . For in the Hackling , it is onely drawn together , and in the spinning , is easily drawn out again ; And it is appraised , or rated , according to the fineness thereof . 8. Of Three Pounds , or less , of this Yarne : there may be pieces of Holland Woven , cantaining 50 Ells flemish , or 30 Ells English measure : Or fine Sewing Thread , from Ten Shillings a Pound weight , to Three or Four Pounds Sterling the Pound weight . 9. What is affirmed concerning Flax , is common to Hemp. It being prepared the same way ; And there may be made of it , all sorts of died Thread ; fine Tykes for Beds , all sorts of Fringes , may be , and commonly are Woven of the Hempen Yarn : And thereof better Linnen Cloth may be made , than is generally made of Flax in England : as hitherto practised . 10. Also a way will be found , to draw the Negotiation of the French Sail Cloth , and all kind of Tackle , concerning Ships , in as small or big Cordage , as all other Nations afford , a Third part lighter , stronger , and lesser stowage ; to more profit to the English Nation , and Companies of Merchants , as well as particular Trades . Thus far the Proposer . Others add , that the Hurds , offall refuse , or Tow , of Flax , and Hemp , will serve to make a weaker , or a worser sort of Linnen , or a good Printing and Writing Paper , here in England ; some Tryals of all sorts whereof have been lately , ( and never before ) made , by Mr. Henry Million , Stationer in the Old Bayley ; who deserves well of the whole Nation ; for his indefatigable pains , in promoting the Paper , Woollen , and Linnen , Manufactures ; and well understands the Art of preparing of Hemp , and Flax. And whereas it is objected , that English Hemp , even that which is dew wet , and not River wet , is not so long ; nor will not take Tarr , to make Cables of , as Swedish Hemp doth , and consequently , hath not that strength , or durability . To this 't is answered . That it hath been affirmed at the Royal-Society ; That the late Earl of Strafford , sent over an Agent , to Riga , to observe on what Ground , Hemp , and Flax Royal , as they call it , grew there : And to bring over some of the seed , &c. which being planted in Ireland , grew very well . And that the Hemp being fine drest , took Tarr ; why may not the like be done in England ? and some say it is in York-shire : the reason our Hemp will not take Tarr , is conceived to be , either because it is not fine enough drest , or over hard ▪ I have heard of a Rope maker , that having wetted our Hemp in May dew , steeved the same for some time ; that it might somewhat swelter , moisten , or impair it self ; and then it took Tarr but although our Hemp should not be fit to make great Cordage ; as Cables , and Halsers . Yet it is much coveted , and used by Forreigners , and our selves , for small rigging : And is affirmed to be much lighter , and stronger , than any Forreign Cordage of the same size . I believe , there only wants some good Experiments to be made , to determine the matter , whether our English Hemp , will take Tarr : and hope some of the Lords of the Committee , of his Majesties Privy Council for Trade , will give order , to some of his Majesties Rope-makers , to try the Experiments , before the Royal-Society . Enquiry being made at the Royal-Society , what was known , concerning the aforesaid Art of , preparing Flax and Hemp , Answer was given , 1. That this Art of preparing , and dressing of Flax , and Hemp , was long known , and practised , by Mr. Charles Howard , Brother to the Duke of Norfolk : who many Years since , had shewed divers Examples of Hemp , and Flax , so prepared ; as also to one Mr. Stephens . And that Engines , or Tools might be contrived , so far to facilitate the work , that one man therewith furnished , should dispatch as much , as divers could do without . 2. That there are divers Marsh , Sandy Clay , and other Grounds , on the Coasts of England , and Wales , belonging to the Crown , that ly wast , or turn to little , or no benefit , that might properly be made use of , for planting of Hemp , and Flax , which admirably prepares for Corne. 3. That Mr. Charles Howard , lately imparted this new art of preparing , and Whitening of Flax , and Hemp , to one Mr. Fermin , who before he knew it , is said to have Spun Thread so fine , out of Flax , that one Pound hath yielded 20 Thousand Ells , but now can produce much more . 4. How much the working of Rough Hemp , into Cables , and wrought Cordage , hath been discouraged ; may be taken from an instance at Yarmouth , put in Print , by one Mr. Bowers , a Merchant of that place ; who presented his Papers , to divers Members of the House , setting forth . 1. That in Anno 1653. Four Rope-makers of Yarmouth , wrought up 208 Tuns of Hemp , for the then Parliament , besides what they , and Six Master Rope-makers , wrought up for private uses , a good part whereof , was English Hemp. 2. That the whole Town at present , doth not make 7 Tuns of Cordage in a Year . Whereas in those times , there was 4 or 500 stone , at 14 lib. the stone , of English Hemp , ( besides Forreign ) wrought up weekly into Cordage , and now it falls short of 30 Stone . Mr. Cooke , in a discourse of the Norway Trade , saith , that we have lost the making of 2800 Tuns of Cables , and Cordage , Yearly , in the County of Norfolk . The cause thereof is : The Customes of Cordage , and Cable Yarn , being Forreign wrought , and commonly bad , are but 8 Pence the Hundred weight , the same with the Customes of rough , or unwrought Hemp. The Consequences hereof are . 1. The Importation of Hemp unwrought , is obstructed . 2. The Marsh Grounds on the Coasts , and within Lincoln-shire , Norfolk , Essex , Kent , &c. Formerly Sown with Hemp , either ly waste , or are now for want of a proportionable Consumption Sown with Corn , to an incredible detriment . 3. The Employment and skill , many poor People might attain unto , in Sowing , Planting and Manufacturing such Hemp , either for Netts , Twine , Canvas , Cordage , &c. Is lost , and for want thereof , Rents , and Lands , are fallen , and the Parishes are burthened with such poor . 4. The Nation , if a Warr breaks out , when his Majesties stores are not thoroughly replenished , may ly under a surprize , and either be barr'd the Sound , or be driven to great inconveniences . The Remedy . Is , to continue the present duty of 8 d. per. Hundred weight on unwrought , or rough Hemp , and to enlarge the duty of Customes on Cordage , and Cable Yarn , imported , 5 or 6 s. the Hundred weight . The Consequences will be . 1. If Hemp be either imported or sown here , it will give Imployment to the People . 2. If Cordage , and Cable Yarn , be still imported ( as it is like , it will be for some Years ) the duty is multiplied to his Majesties advantage ; As for instance , the Town of Yarmouth , Yearly spends , 2 Thousand Tuns of Cordage , or thereabouts , which at 8 d. the Hundred weight Custome comes to 1333.6 s. 8 d. Whereas , at 6 s. the Hundred weight , the Customes would come to 12000. l. The like is the case of other places . Lastly , the expence of the Nation in Linnen , Cordage , and Canvas , cannot be less than a Million a Year . With which , it is fit we should supply our selves , as far as we can , by discouraging Forreign , by an imposition , of a Penny an Ell , and possibly a higher duty on Flax , and unwrought Hemp , to encourage the Planting of it here , in which case we must be wary , that it be not oppressed , with Taxes , and Tyths . Now to encourage the Manufacturing we offer , A Proposal for the Advancement of the Fishery , and employment of the Poor . FOrasmuch , as the Fishery probably connot prosper , without good encouragements ; and in time of peace , cannot well employ their Boys in Summer time , and furthermore , a Warr may happen , and prevent Fishing ; And consequently , cause the adventurers to give over : To prevent such inconveniences , it is proposed . 1. That the Royal-Fishery Company , undertake the making of Canvas , at Clerken-well workehouse , to supply his Majesties stores with , it being well known , that our own Canvas is as good , and as strong , yea , better than any Forreign . 2. That his Majesty be graciously pleased , to take off to the value of 10 Thousand Pounds per a● . paying for the same quarterly aforehand , allowing the Company to gain half a Crown in the Pound , that in 10000 l. will come to 1250 l. 3. That the Company pay his Majesty 10 per cent . for the advance of the Money , out of such bounty or benevolence , the Parliament shall be pleased to give , which if but narrow : may be in this manner enlarged , by letting the Company gain that in his Majesties affaires , which otherwise must be got by others . Courteous Reader , Thou mayest perceive the Advantage I have taken from a report , agreed and drawn up by a Council of Trade in Ireland , and if we had enjoyed a good one continually in England , with proper instructions , I believe the Nation might have been twice as rich and much stronger at Sea , than now it is . I my self about three years since , drew up a Draught of instructions : such as do not interfere with the work of the present Committee , of his Majesties most honourable privy Council , for Trade , with a Narrative of the losses of our English Fisheries , in all making about 7 Sheets of Paper , and intend to publish the same : after it hath obtained License , from one of his Majesties Principal Secretaries of State , for there are some things in it , of a private Nature , and others that much concern the advancement of his Majesties revenue , and prevention of frauds . The preamble is this . That as soon as such Council shall be constituted , and their House agreed upon , that it be declared to all the Nation , in the Gazets , and upon the Exchange : That his Majesties Gracious intentions , in erecting the same is to encourage the Manufactures , and employ the poor of the Nation . And that hereupon , all Merchants , Trades-men , Corporations , Counties , and places , be invited and desired , to send up their Complaints , and aggreivances about Trade , and Manufactures , or any Act relating thereto , to the Secretary , who is to Collect , and draw up out of all Papers sent in , or otherwise procurable , all that can be pertinently said , on any argument of Trade , by way of Debitor and Creditor : all that can be said , pro on one side or the left hand Page ; and all Contra on the right hand Page , observing the like Method , in Replies , and Duplies . The first of the Inland instructions was about the Irish Act , to consider some Laws in being , whether they hinder , or encourage Trade , particularly the Irish Act about Cattel . And to be the better satisfied about the same , to send to all Counties , and Corporations , for their sentiments therein , how much they conceive they are benefited , or damaged thereby , and to give an account of how much feeding , and breeding grounds they have , and thence accordingly , to state an Accompt , and Report in readiness , when called for , the like for the Act of Navigation ; and whether our Trade to the Sound be not obstructed thereby , and the building of Ships , and Vessels , for the Norway and Fishing Trades hindred , and what the Annual damage may be . And the first Instruction about Forreign affairs was . That whereas , suits of Law , in Chancery , about Merchants Accompts , depend long there , to the great trouble of the Court , the vexation of the Masters , to whom the same are referred , and in the event , to the ruine of the Parties concerned ; to prevent which , the Instruction is to obtain the Constitution of the Court of Merchants in Holland , for ending Suits of that nature , and to consider whether the like may not without inconveniency be put in practice here , and what additional Laws , Constitutions , and Instructions , will be necessary for the setling thereof . The Reasons of such Instruction Mr. Baker thus renders : That tedious Law Suits create great Expence , ( which otherwise would go in Trade to the benefit of the whole Nation ) the makers of the Law not understanding Accompts , could not provide for the same ; and the Councellors having their Study by the Law , and they and the Judges having no experience in Merchants affairs , or skilled in Accompts , they cannot be so competent Deciders and Judges thereof , and great inconveniencies come unto all Traders for want of such a Court ( where rhe Parties alone and their Witnesses should be heard ) spending both their Monies and their time in Law , and after many years of Contest , for the most part their business is referred out of Chancery to Merchants , or ended at Law , as it were , at hit or miss , when very often both Parties have spent more than double the value of the thing they contested for , being necessitated for every motion or tryal to have many Lawyers on both sides : Whereas in Spain , and other parts , there can be admitted for each Party but one Lawyer , nor can there be more present in any of the Courts where the Causes are tryed , than one Lawyer for the Plaintiff , and another for the Defendant ; and to the eminentest of them 20 s. is an extraordinary pay , when he shall attend purposely for the hearing of that one Cause several days . To which may be added , that it discourages Merchant-Strangers to live and trade with us . Being loth to omit mentioning such an Aggreivance , I come now to give the Reader a Copy of a Paper formerly drawn up to assert , that the Royal-Fishery Company when well filled and constituted , are proper to be rendred A Council of Trade , but with this limitation : That it be not hence concluded that none but the Fishery Company , nor all of them ought to be concerned in such a Council , nor that others shall be excluded ; the Regulation and Choice as to Number and Persons , is most humbly submitted to His Majesty's grave Prudence , who by adding some eminent Persons to such a Company , may have the more frequent Informations how such Affairs move on . The REASONS are , 1. Such Company did of late , and 't is hoped will again consist of Members enough , to wit , Nobles , Gentlemen , and Merchants , where out at all times to have a sufficient Choice . 2. Such Company connot thrive ( at least in its Infancy ) without good Encouragements from the Crown or the Nation , ( by its Representative in Parliament ) and therefore in lieu of such Encouragements , may be put on Duty to earn the same . 3. In regard of the Capacity the Members thereof are proposed to be in , to wit , of obtaining the Honour of being of the number of such Council , it will excite many who aim at His Majesty's and the Nation 's welfare , to become Adventurers in such Company , which in probability may in some time become as splendid as either the East-Indian or African Company , who thrive already without any such Encouragements . 4. If such Company ( at least for some years ) be allowed House-Rent by His Majesty , and Salaries to their Officers for doing the work of the Fishery , and withall , that of the Council , it is as good as so much given to the said Fishery Company ; whereas to settle it on any other Constitution , were to put His Majesty to a needless Charge . 5. Yea , and it may be suspected to almost a fruitless Charge , for it is not reasonable to expect that eminent Persons named to be Members of such Council shall be so diligent in attending an Affair , whereby they have no profit , nor no particular concernment of their own , as wherein they have , especially if their House have an inconvenient Situation . 6. If a War break forth and hinder Fishery Affairs , the Company must then lose House-Rent and Officers Salaries , which would be a discouragement to them , and may by this means be prevented . 7. The main work of such Council , will be first to call for and receive the Complaints , Sense , and Informations of the trading People of the Nation about Aggreivances concerning Trade , and the improvements of Manufactures , and the amendments of Acts relating thereto , and thence to draw up all that can reasonably be said pro or con ▪ Former Councils have not prescribed this , which ought to be the main work of the Officers , and such Councils have been so slow or ill paid , that little of this kind could be expected ; whereas it is supposed the Royal Fishery will be so well paid by Effects in their hands , that there will be no failure of the like kind hereafter : And doubtless it is very material to encourage the writing on Arguments of Trade as here propounded . 8. A Royal Fishery Company well constituted with a good Stock , may furnish the Sound with Herrings before the Dutch , by using the Islands of Lewis and Shetland ; yea also Portugal , Spain , and the Streights , by fishing in the Irish Seas , where Herrings and Cod arrive six weeks sooner than in the Channel ; yea also with Cod and Ling caught about Anglesey : To which ( besides the advantage of time ) may be added , the propinquity of Situation ; yea , such Company may also have a Trade to New England , for building of Vessels , and returning with Cod , Salmon , and Sturgeon , ( if it prove good and well-cured ) and with poor Jack from Newfound-Land ; whence it may be reasonably presumed , such Company , by reason of its Foreign vent and returns , may have a greater insight in Foreign Trade , than any other constitution . 9. The planting of Hemp and Flax , and the Manufactures thereof , as also the furnishing of materials for Paper ( if not undertaking that Manufacture ) and consequently employing the Poor , and many Trades will much depend upon the example and directions of this Company , whence they may be judged a better constitution for Inland Affairs than any other , and are like to afford more Parliament-men , to speak to matters of this nature . Since the writing of this Treatise , there came to my hands a printed Paper of the learned and most renowned Sir William Pe●●y , of the Royal Society , about Irish Cattel : A Copy of it followeth . Some of the OBSERVATIONS made by W.P. upon the Trade of IRISH CATTEL . 1. THat the value of the Oxen and Sheep ( their Hides , Tallow , and Skins deducted ) which were ever imported in one year out of Ireland into England , were never worth above 80000 l. nor above the hundredth part of the Rents of Land in England , nor above the hundredth part of the Butchers meat yearly spent in England . 2. That Ireland never yet did , nor could spare , as many Sheep and Oxen alive or dead , as would maintain a fifth part more People than now it hath , that is to say , than would maintain about 1300000 People , of which number there are about 1100000 now in Ireland . 3. Whereas Ireland contains three quarters as much Land as England and Wales , and there be above 6000000 of People in England it follows , that if Ireland can furnish Flesh meat but unto 1300000 , that E●gland cannot with equal plenty furnish meat unto said 6000000. 4. The Owners of breeding Lands have since the Prohibition not gotten above 10 s. per Head more for their Cattel than before it which the Owners of the feeding Lands have paid them and lost . Moreover the Mariners of England have lost the getting of 9 s. 6 d. per Head for Freight and Primage , and the People of England have lost 4 s. 6 d. per Head more for driving and grazing ; the King hath lost 3 s. 6 d. per Head for Custom on both sides , besides Officers Fees ; and the Traders in Hides and Tallow have lost what they might have gained out of 15 s. per Head ; and the Merchants and Artizans of England have lost yearly what they might have gained by 140000 l. worth of English Manufactures ; the Wool-growers of England have lost as much as their Wool is fallen ; by reason of the extraordinary Sheep-walks now in Ireland ; the Landlords of Ireland resident in England , have lost 5 percent . extraordinary for exchange of Money . Lastly , the Bulk of the People of England have losts one Half-peny for every pound of Flesh meat they have spent , amounting for all England unto about 2000000 per annum , of which great sum , the Owners even of breeding Lands have paid three times more in the enhansement of Wages and Manufactures , than they got by the raised price of their Cattel above-mentioned . 5. Since this Prohibition , the Papists in Ireland ( who are 800000 in number ) have gotten a Dispensation from Rome to eat Flesh five days in the week , whereas formerly they did but four , in which extraordinary day of Indulgence , there is as much meat spent by the Papists in a year , as ever was brought into England . 6. Although a Beast worth 40 s. might be brought out of Ireland even to London for about 20 s. yet the Land of England generally taken is worth five times as much , Acre for Acre , as the Lands of Ireland generally taken ; neither can the Lands of Ireland rise up to a level of value with those in England , without the Mission of some millions of People more into Ireland than now are there , nor without the expence of more Millions in buildings and improvements , than all Ireland now is worth ; nor can the Lands of England fall down to a level with those in Ireland , without vast Depopulations and Devastations preceding . Every of the before-mentioned particulars can be readily proved from grounds of Sense , known , granted , or Authentique . Here it is not improper to acquaint the Reader , that Ireland before the Rebellion was planted with Native Irish , and the Lands were in their possession ; but now after so great a Desolation , and Destruction as the Wars made , most of the Lands were planted and peopled by the English and Scotch , who adventured their Lives and Fortunes in reducing it , who carried over with them the best Cattel , Horses , and Sheep , England could afford , where they have raised such a Breed , as will compare with the best in England for largeness and fatness , and the Wool , Butter , and Cheese there raised , is not inferiour to what is made in England for goodness , and yet notwithstanding they have many lean Cattel to spare , but their Sheep need no fattening . The Laws there are made by a Parliament , consisting of most English and Scotch , with aim especially to encourage the making of Cloth and Woollen Manufactures , to the end , they may supply Foreign Markets , which they doubt not to effect ere long at half the price English Cloth goes at : And they do by their Laws discourage the bringing of their Wool into England , and have laid a great Custom upon all Cloth , Stuffs , Stockings , and Hats , that shall be imported out of England . This they do acknowledge in Print , and that they have furnished Holland , Flanders , France , Portugal , Spain , and the Streights : plentifully with Provisions , namely , Beef at 9 or 10 s. the hundred weight ; confessing , that not only English , but other Nations have their Factors residing in Ireland , to buy up Beef , Fish , Tallow , and Hides , and that all their Ports are well stored with Shipping , whereby they supply all those Parts with Provision , and make their returns with those Commodities the Kingdom can vend , which they can have much cheaper than from England , and the Surplus plus they return in Money : This I take out of a Sheet , printed with Allowance by J.B. in 1677. The Particulars following are taken out of a Letter from Ireland , printed in 1677. viz. Pag. 8. We find more advantage by Victualling Foreigners , than we had formerly by a whole Sale in England . Pag. 9. You were provided by a sufficient Act of Parliament to be the only Mart for Wool , it being made Felony to transport it into Foreign Parts , and Confiscation to import it to you otherwise than crude and unmanufactured . Pag. 20. This is not to be exported neither without License , paying both the King's Duty , and that to the Lord Lieutenant , Pag. 9. Which is at least 2 s. a Stone , besides Freight , Factorage , and Market Charges . Pag. 20. All exported , must be first entred for England and pay these Duties , though afterwards it loseth its way at Sea. Pag. 11. An Account is given of their Progress in setting up the Woollen Manufacture . Much Provisions also and Goods they Ship off to our Plantations , from whence 't is probable in time we must export Money for our own supply . Against this whole Discourse may be raised the following grand Objection , to wit , an Opponent may insist , that the admission of Irish Cattel causeth Rents of breeding Grounds exceedingly to fall , contrary to the Interest of the Owners and Farmers thereof ; and this is the reason why Cattel , in themselves a Blessing , are called a Nusance . Answ . The Objection is granted , and comes to pass , because we cannot Victual our Neighbours and their Shipping , nor most of our own , nor is the sale of Flesh much hindred by Fish or Izeland Cod , for of late years little or none hath been spent in His Majesty's Navy-Royal : But a remedy is propounded . On the other side , the Owners of feeding Grounds , the Merchandizing and Trading part of the Nation , or Corporations , who bear above two Third parts of the Charge of the Government , sustain the greater wrong , which in the event will be very prejudicial , if not ruinous to the whole . I my self have my life in Lands in Marshland in the County of Norfolk , which tell from 32 l. to 17 l. a year , but is of late risen to 21 l. a year . I know some Gentlemen Owners of feeding Grounds in our Midland Counties , whose Rents are fallen above one quarter of what they usually made before the Irish Act had a being , they know not to what other cause to impute it , and I have not liberty to mention particulars . Also there is a London Minister , who hath Lands in Gloucestershire which fell from 60 l. to 30 l. per annum , and both he and som● of the Gentlemen aforesaid , are forced to stock their Grounds , and keep them in their own hands , committing the management to Bayliffs . The Author of the Irish Letter , pag. 7. saith , That if the business were now to tell Counties , he hath been lately assured from some in England , that those Counties that find not themselves benefitted , and those that are really aggreived by this Act , do by this time upon Experiment , and second thoughts , make up the greatest Party . And pag. 5. he saith , That when it passed , it was not without some repugnance at first in His Majesty . The Reason is obvious , His Majesty could not but foresee some of the ill consequences thereof , as namely , that it would cause his Duty of Customs to fall , lessen our Navigation , much increase the charge of Victualling his Navy , and disoblige all his British Subjects in Ireland , which might be of dangerous Consequence . But to restore an Union with them and at home , suppose they consent to the terms Propounded in pag. 9 , 23. Then there will be a considerable Accession made to His Majesty's Revenue in Ireland , to wit , near the value of all the Commodities exported out of that Kingdom that come not to us , and this will help to maintain a Navy , there or in the Channel ; and such help is but highly necessary , for one of the Lords Commissioners of the Admiralty was pleased to inform me , that 300000 l. a year , supposing the same constantly allotted and paid to that use , would but defray the ordinary annual Harbour Charges of Repairs , Yards , Moorage , the Wages of Workmen and Labourers , the Salaries of Officers , and 14 Men of War at Sea. Whereas to furnish Stores , build a necessary supply of Ships from time to time , and maintain a competent Fleet abroad , will require a far greater Sum , as hath been represented to the late Long Parliament . So that I hope if the Irish Act pass , it shall not be perpetual , and that in the interim , our Grandees will propose , and receive terms of Accommodation with Ireland . If the former Measures take , these must be the Consequences . 1. The Poor will obtain Employment ; in other Nations they have been their Renown , Wealth , and Strength , but here on the contrary , our Shame , Improverishment , and Burthen ; hence to employ the Poor , and to render idle beggarly Persons profitable Members to the Kingdom , to reclaim Vice , and encourage Industry by proper Expedients , cannot but be Subjects that may always deserve and expect due encouragement from Authority , but more especially now , when too too long empoverishments make us groan for Redress , which if obtained , will be a bitter potion to our too powerful Neighbours abroad , 2 Navigation and strength will encrease ; and if we can be either happy or safe without Navigation , and maintain it without a Fishery , and mannage it without Pilots , 't is well ; but if not , the Fishery is of an absolute and indispensible necessity to the welfare , both of King and People . 3. The Merchants , and Trading part of the Nation , will be encouraged , and are they not as Writers denominate them . The great Revenue of the King , the honour of the Kingdom , a noble Profession , a School of Skill , the supply of our Wants , the source of Employments , the improvement of our Manufactures , and cause of our Exportation , the Nursery of our Mariners , the Walls of the Kingdom , the means of our Treasure , the sinew of our Wars , and the terrour of our Enemies . 4. I my self hope through Divine Bounty to obtain a good Employment to sustain a numerous Family , having met with great Losses in publick Affairs , however if not , I have cast in my Mite , and I hope a Person whose business and study hath been the Argument of Trade , may have as much , if not a greater , liberty as others , to propound how to remove the Encumbrances thereof , to the advantage , I hope , of all Interests . Hence if His Majesty and the Nation , reap any benefit , I have in a great measure obtained my END POSTSCRIPT . THis Discourse hath been all penn'd and printed in great hast , to wit , in about a Fortnight's time , and therefore could not be so well digested as were to be wished , some Escapes we shall remark . Pag. 1 line 25. for force , read force as to Fish . p. 11 l. 29. for more , read worse , p. 15. l. 25. for not sell , read not then sell . I do not say our Tin was sold for 2 l. 10 s. the hundred weight , I hear it was kept 'till theirs was gone and yeilded a better price , p. 20. l. 1. for these , read this . I am not of Mr. Man's opinion , but beleive the Cash of the Nation to be much more . p. 21. l. 25. for about 600 , read from 450 to 600. p. 23. l. 25. for this , read much of this . p. 27. l. 26. for Yarn , read Yarmouth . p. 30. l. 21. for Councils , read Courts . Since the writing hereof , I met with a new ingenious Discourse of the East-India Trade , printed for Robert Boulter , Stationer , at the Turks-Head in Cornhill ; by which it appears , that the said Trade and Shipping is encreased since their last Account of it by me mentioned in pag. 20. to wit , saith the Author in pag. 23. The Company have 25 Ships and Vessels Trading in the East-Indies from Port to Port , besides 11 great Ships sent out last year . The Author pag. 4. and 5. saith , He is of opinion we cannot cope with the Dutch in White Herrings , Fish , Salt droaging from St. Vvals to the Eastland , or the Russia or Greenland Trade , 'till the Interest of our Money be as low as theirs , namely , 3 per cent . I add the remedy is unsufficient , we must also render Provisions , and exporting Duties ( of which see pag. 22. ) cheaper than theirs , in regard our Building , and Sailing with more hands is much dearer . As to an Objection about want of People , pag. 3. 't is hoped Sir William Petty will be pleased to publish a Discourse he dedicated to His Majesty , Entituled , Political Arithmetick , where in ch . 8. he asserts , there are spare hands enough amongst His Majesty's English Subjects , to earn above two Millions a year more than we do , see p. 10. of this Discourse . THE CONTENTS . THE reason of prohibiting Foreign Provisions or Wares Pag. 2 The value of the Cattel from Ireland 3 Wools , great quantities carried from Ireland to Foreign Parts 6 So of other Provisions and Fish 8 , 9 , 33 , 34 A Proposal about Trading to Ireland for their Provisions , Wo●l . and Manufactures , w●thout damage either to our selves or them , yea , to the great advantage of all 9 23 A low rate of Interest will not raise Lands , unless Comm●ditie● rise in price accordingly 11 The Declension of our Staple Commodities , to wit , of Cloth , Lead , and Tin 12 , 13 Tin Farthings an abuse 14 Tin how to become the ●undus of a Bank 15 , 16 An Address to the Honourable Members of Parliament of Cornwal and Devon , about the same , and about Salt 15 , 16 , 17 Proposals for advancement of the Fishery 17 , 28 , 29 , 30 , 31 And for encouraging and gaining the Manufactures of Paper and Tapistry Hangings 18 Also about making a wet Dock for the Navy Royal 19 And about a supply for Coyning small Money at the Mint Ibid. The danger and declining condition of our Foreign Trade 20 to 23 Articles taken out of the Report of the Irish Council of Trade 24 A new Art of preparing of Flax and Hemp 26 Whether English Hemp will take Tar Ibid. The Manufacture of Cordage how lost 27 The Manufacture of Cordage and Canvas how to be restored 28 Arguments to prove a Royal-Fishery Company a proper constitution to be rendred a Council of Trade , and the benefits thereof 29 , 30 , 31 Mr. Baker's Proposal about a Court of Merchants , for ending Law-Suits about Accompts , &c. 30 Some of Sir William Pettys's Observations on the Irish Act 32 Proofs of Assertions taken out of printed Papers about Irish Affairs 33 , 34 More Arguments against the Irish Act may be met with at the end of a Book new printed , Entituled , The Trade of England revived , with another Answer to their grand Objection about the fall of Rents . 
A37238	----	Jus imponendi vectigana, or, The learning touching customs, tonnage, poundage, and impositions on merchandizes, asserted as well from the rules of the common and civil law, as of generall reason and policy of state / by Sir John Davis ... Davies, John, Sir, 1569-1626. This text is an enriched version of the TCP digital transcription A37238 of text R36082 in the English Short Title Catalog (Wing D403). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 206 KB of XML-encoded text transcribed from 95 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A37238 Wing D403 ESTC R36082 15601408 ocm 15601408 104053 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A37238) Transcribed from: (Early English Books Online ; image set 104053) Images scanned from microfilm: (Early English books, 1641-1700 ; 1590:9) Jus imponendi vectigana, or, The learning touching customs, tonnage, poundage, and impositions on merchandizes, asserted as well from the rules of the common and civil law, as of generall reason and policy of state / by Sir John Davis ... Davies, John, Sir, 1569-1626. This text is an enriched version of the TCP digital transcription A37238 of text R36082 in the English Short Title Catalog (Wing D403). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread [16], 166 p. Printed for Henry Twyford ..., London : MDCLIX [1659] Error in paging: p. 154-155 misprinted 155-154. Reproduction of original in the British Library. Includes bibliographical references. eng Commercial law -- England. Tariff -- England. Taxation -- England. A37238 R36082 (Wing D403). civilwar no Jus imponendi vectigalia or The learning touching customs, tonnage, poundage, and impositions on merchandizes asserted; as well from the rul Davies, John, Sir 1659 35566 16 0 0 0 0 0 4 B The rate of 4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-00 Aptara Keyed and coded from ProQuest page images 2001-08 TCP Staff (Michigan) Sampled and proofread 2001-09 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion Ius Imponendi Vectigalia : OR The Learning touching CUSTOMS , Tonnage , Poundage , And Impositions on MERCHANDIZES ASSERTED ; As well from the Rules of the Common and Civil Law , As of Generall Reason and Policy OF STATE . By Sir JOHN DAVIS Knight , &c. The Second Edition . LONDON , Printed for Henry Twyford in Vine-Court Middle Temple , MDCLIX . 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 myself 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 Lucidws ordo , by breaking it into Capita rerum , and casting it into a plain and naturall method ; it is somewhat long , and in Multiloquio non deest peccatum , 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 pains 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 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 . 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 an 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 Prizoge 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 soveral 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 remit all 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 UP ON The Question of Imposition , digested and divided into sundrie Chapters ; by one of His Majesties learned Counsel in IRELAND . CHAP. I. 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 . JUs 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 Jus gentium , quasi quo jure omnes gentes utuntur ; and in the same place it is said , Ius Gentium omni hominum generi cōmune est , & exhoc 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 Begalia , saith Baldus , Vectigalia introduct a sunt à jure , &c. which is the Law of Nature or Nations , Ideo non otiosased 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 Strabo writeth , Britanni vectigalia tollebant gravia earum rerum quas brevi trajectu 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 prolegibus 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 negotiatur 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 Gentiune 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 , Merune 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 . MErcaturavel 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 , Quodomnes Mercatores Londienses ad partes Angliae accedentes per bona & catalla sua distrin guantur sed in legem mercatoriā & consueti dinem Regni ad satisfaciendum Mercatoribus Florentinis de pecuniis ipfi 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 Ciccro saith of the Law of Nations , Non orit alia lex Romae , alia Athenis , alia nune , 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 Nations ; 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 mer a 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 nosiri aliud jus Geutium , aliud Civile jus esse voluerunt , quod enim civile non idem continue , 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 Civil 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 Britaniae 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 informer 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 Rhodiis 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 , Regiitantum 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 , quiest 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 Ecelesiastical 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. causae 24. Quaesti . 3. Princeps potest indicere nova vectigalia , and in Summa Summarum tit. degabellis & exactionibus , these rules and distinctions are laid down . Quilibet Monarcha potest imponere novum vectigal , quod tamen boni viri arbitrio moderaudum est , potest Princeps imponere vectigal ultra conventiouem in duobus casibus . i. 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 Caefari quae sunt Caesaris , and the Custome which Saint Paul willeth every Christian to pay willingly , reddite omnibus , cui tributum , cuivectigal , 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 King doms , 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 these 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 Cust̄omes 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 consiteri , 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 consist ; 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 there unto . 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. delibra 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 commut abilium , 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 Pitz. 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 Merchandiz as 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 Charta , 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 aff●rme , 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 nonrecognoscens 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 himself 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 after wards established , exemplised 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 only 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-fells , 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 ; not withstanding 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 husbandryspent 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 diciis 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 F. 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 often times 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 Merchandizes , 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 Ilands 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 Licenses , 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 Frerogative 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 others ; 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 and 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 alsoused 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 sortiori ; 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 Bates'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 Majestal is 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 , out 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 Le●ger Ambassadors in Italy , in Spain , in France , in the Low 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 saepe 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 expences , 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 the 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 Wastage 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 fame 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 serutentur , 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 respect 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 ourKing 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 flnt 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 cause 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 terra si sit impositum per dominum 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 the 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 French 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 fuerint 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 . Adventures , 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 ad 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 , & dare servis suis : Yet Ahab , though he were a wicked King , did not claim that Prerogative 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 sat 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 everyman 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 way vs , 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 ad esse 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 contenta 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. Iurris , and 5 Edw. 2. it was utterly repealed by a solemn Ordinance of State , Rot. Ordina . 3 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 he 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 Ed 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 Mafhalsce , 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 no right at all , and commonly they ask more than their right is , Iniquum petas ut aequum feras . 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. Se hodie 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. Rol. 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 ●ll-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 ●ot to be urged as an example or presi●ent in these times ; but in truth , the ●auses for which these persons were cen●ured , do rather approve the right of the Crown in laying Impositions , than any way disaffirm the same . First , Richard ●ions , 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 in 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. yeares 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 consuctudines . 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 Edw. 3. did grant unto the Black Prince his eldest Son , the Dutchy of Cornwall , una cum omnibus wardis maritagiis & releviis , &c. non obstante Prerogativa 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 thence forth 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 manyother 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 tolne●is per antiqnas & rectas 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 & rect a 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 , left 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 where●● 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 . FIftly , 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 appeareth 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 of 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 Suctonius , peregrinarum mercium 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 Sesterii 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 Lorrain , 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 , any 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 aquavalentes , les equi pollentes , les cruces , or augmentations of divers kinds , le hop benevolence la Cabelle , 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 afterwrds 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 Alcavala 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 oraque 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 , miastingo ( 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 Excizes , 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 the●● heavy loins upon their people ; wh●●●●●the reason of this difference ? fro●●●hence 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 terr a firma , not in such a Reall and Royall Patrimony as hath ever belonged to the Crown of England , and therefo●● other Kings being lesse able to ●●●ntain 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 Treasures , 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 part 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 Remonstranee 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 . His Reports , the first and second Part. 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 A37238e-1870 Iustinian Dict. & 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 : I.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 . II R. 2 . Chopinns . Rhodians . The Canon Law . Decret. cause 24 Quaest. 3 . Canonists . Poll-money . St. Paul . Fortescue 1H . 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 Fleming chief Baron . 3 Edw. 1. 3 Edw. 1 . Rot. fin.memb.24 . Statute 25 E. 1 . Dyer 29. 30 H. 8.43 . 31 Fd 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 . 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 . I 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. Parli . 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 . Mayletolt 3 Kings cap. 12 . 14 Ed. 3.cap.13 . 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 . Lionscase 50 Ed. 3 . Rot. Parl. nu.17,18 . Lord Latimers case 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 . K. Ed. 4 . Iulius Caesars Impositions . Tiberius the Roman Emperor . Caligula . Vespasian The Imposition of France . The Spanish Impositions . Gutturis de gabellis Quaest. 174. The D. of Tuskanies Impositions . The Impositions by the Pope . Sixtus Quintus . The Impositions of the Seigniory of Venice . Baltholus Baidus : 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 .