there punished and his Patent taken away and cancelled What impositions have been set on in the Kings time I need not expresse they are set downe particularly in the booke of rates that is in print they are not easily numbered the time for which they are raised is not short the Patent prefixed to that booke bearing date 28. â—uln 6. Iacobi will instruct you sufficiently in that point they be limited to the King his heires and successors which I suppose is the first estate of Fee simple of impositions that ever man read of My eighth and last observation is upon tunnage and poundage given to the King of this Realme upon Wares and Merchandizes exported and imported which is an imposition by act of Parliament and as it will appeare was given out of the peoples good will as a very gratification to the King to enjoyne him thereby from the desire of voluntary impositions and to conclude him by that gift in Parliament from attempting to take any other without assent of Parliament for after the ceasing of voluntary impositions these Parliamentary ones were frequent in the times of the King that succeeded but they were never given but for yeares with expresse caution how the money strould be besâ—owed As towards the defence of the Seas protection of traffique or some such other publique causes sometimes speciall sequestrators made by the act of Parliament by whose hands the money should be delivered As 5. 5. R. 2. Rot. Parl. 7. R. 2 n. 13.10 R. 2. n. 12. 7. R. 2. n. 12. R. 2. cap. 3. in a printed Statute The rates that were given were very variable sometimes ii s. tunnage and vi d. poundage as 7. R. 2. iii. s. tunnage and xii d. poundage 10. R. 2. which grants were not to endure the longest of them above a yeare xviii d. tunnage vi d. poundage in 17. R. 2. iii. s. tunnage and xii d. poundage granted to H. 4. in the thirteenth yeare of his raigne for a certaine time in which Statute there is this clause That this aide in time to come should not be taken an example to charge the Lords and Commons in manner of Subsidie unlesse it be by the wills of the Lords and Commons and that by a new grant to be made in full Parliament in time to come This clause in good and proper construction may be taken to be a very convention betweene the King and his people in Parliament that he should not from thenceforth nor any of his Successors set on impositions without assent of Parliament The like imposition was granted to H. 5. Rot. parl 1. H. 5. n. 17. in the first yeare of his raigne for a short time towards the defence of the Realme and safeguard of the Sea upon condition expressed in the act that the Merchants Denizens and estrangers comming into the Realme with their Merchandizes should be well and honestly used and handled paying the said Subsidie as in the time of his Father and his noble Progenitors Kings of England without oppression or extortion In the end of which act the Commons protested being bound by any grant in time to come for the purposes aforesaid H. 6. in the one and thirtieth yeare of his raigne Rot. parl 31. H 6. 12. E. 4. c. 3. 6. H. 8. c. 12. 1. E. 6. c. 13. 1. Ma. c. 18. 1. El. c. 19. 1. Iac. c. 33. had tunnage and poundage given him for his life E. 4. had it given him the third yeare of his raigne as it appeareth in a Statute 12. E. 4. cap. 3. H. 8. in the sixth yeare of his raigne and all since in the first yeare of their raignes have had it given them for terme of their life and being now so certainly setled in it do reach further at that froÌ„ which they are in conscience and honour excluded by this voluntarie gratification For can any man give me a reason why the people should give this imposition of tunnage and poundage above the due custome upon all commodities if the King by his prerogative might set on impositions without assent of Parliament and were not that a weaâ—e action in a King to take that of his people as a benevolence from them with limitation of the same and in what it should be imployed and how they will be used for it and for what time he shall have it which he might justly take without their consents unclogged of these unpleasing incombrances The Statute of tunnage and poundage made in our times that are altogether inclined to flattery doe yet retaine in them certain shewes and rumors of those ancient liberties although indeed the substance be lost as in the Srat. 1. lac cap. 1. Iac. c. 33. 33. we declare that we trust and have sure confidence of his Majesties good will towards us in and for the keeping and sure defending of the Seas and that it will please his highnesse that all Merchants as well Denizens as Strangers comming into this Realme be well and honestly intreated and demeaned for such things whereof Subsidie is granted as they were in the time of the Kings Progenitors and Predecessors without oppression to them to be done By this clause as it now continueth the true intent of this Statute appeareth to be that there ought no other imposition be laid upon Merchants besides these given by this Statute and this intention hath been well interpreted by use and practise from the time of E. 3. to the time of Queene Mary as before is declared Thus much of this last reason made from observation and the action of our Nation I will answer now such maine objections as have been made against the peoples right and have not been touched by me obiter in my passage through this discourse That which hath been most insisted upon is this that the King by his prerogative Royall hath the custodie of the Havens and Ports of this Island being the very gates of this Kingdome that he in his royall function and office is only trusted with the keyes of these gates that he alone hath power to shut them and to open them when and to whom he in his Princely wisdome shall see good that by the Law of England he may restraine the persons of any from going out of the Land or from comming into it That he may of his owne power and discretion prohibite exportation and importation of goods and merchandizes and out of this prerogative and preheminence the power of imposing as being derivative doth arise and result For Cui quod maius est licet ei quod est minus licitum est So their reason briefly is this the King may restraine the passage of the person and of the goods therefore he may suffer them not to passe but sub modo paying such an imposition for his sufferance as he shall set upon them for the grounds and propositions laid in this objection I shall not be much against any one of them others of
them to that purpose the same is againe for law confirmed in the Dutchesse of Suffolke Dier 2. El. 176.5 R. 2. cap. 2. case 2. Eliz. Dier 176. but the Common law was altered in this point by the statute of 5. R. 2. cap. 2. by which the passage of all people is defended that they may not goe without licence except the Lords and other great men of the Realme merchants and souldiers so for the merchants which are the people dealt withall in the businesse in hand the Common law remaineth as it was before the statute and so it was held 12. Dier 12. El. 196. El. Dier 196. where the case was An English merchant being a Papist went over sea and being there did settle himselfe to remaine there for enjoying the freedome of his conscience it was moved here in England that his going without licence should bee a contempt because hee went not to traffique as a merchant but for the cause of Religion it was resolved no such averment would be taken in this case for that the very calling and vocation of being a merchant did give him liberty to goe out of the Kingdome when hee would and therefore the secret intent of his going was not to bee enquired after Sed lex inspicit quod vertsimilius Therefore it was in this case held no contempt but at this day the law is as it was before 5. R. 2 cap 2. for that statute is repealed 4. Iac. 4. Iac. cap. 1. cap. 1. And all men whatsoever are now at liberty by the Common law to passe out of the Realme There is onely against this inconvenient liberty a Proclamation dated at Westminster 9. Iul. 5. Iac. Proclamatiâ— 9. lul 5. Iac. To the very same effect in point of restraint of passage with the statute of R. 2. So the subject is in this much the more at ease and liberty than he was before that his going over sea without licence doth not induce any forfeiture but onely incurreth the censure of a contempt and therefore it were to bee wished that some firme law might bee made in the case both for the execution of so good a point of policy and for the more quiet of the State in knowing the certainty of the punishment for the offence This liberty and freedom of merchants hath been strengthened and confirmed by many notable lawes before recited as 14. E. 3. st 2. c. 2.15 E. 3 st 2. c. 5.18 E. 3. st 1. c. 3. 14. E. 3. st 2. c. 2.15 E. 3. st 2. c. 5. 18. E. 3. st 1. c 3. and divers other and therefore though it bee admitted that the King may restraine persons and goods yet it may well bee denied that he hath power of himself alone without assent of Parliament simply and indefinitely to restraine all traffique in generall or to shut up all the havens and ports and to barre the vent and issuing of wares and merchandises of the whole Kingdome as appeareth plainely that this hath been done this three hundred yeersor near thereabouts by Act of Parliament onely and that the Kingdome of England made this matter of Traffique so tender a case to deale in as that it hath ever held it a matter fit for the consultation of the great Councell of the Kingdome and for no other In 11. E. 3. 11. E. 3. cap. 1. the exportation of wools was prohibited by Act of Parliament in which statute there was this clause untill that by the King and his Councell it bee thereof otherwise provided which power so given to the King to be used for the good of the Common-wealth gave occasion to him to abuse it to his profit and commodity by giving licences of transportation to all that would give fourty shillings upon a sacke of wooll above the due Custome This appeareth in the Records in the Exchequer 13. 13. E. 3. R. Thes rot 2. E. 3. Rot. 2. Ram. Thes I will describe the Record that you may perceive the ground of it the better Rex collectoribus Cuâ—tumae in portumâ—gnae Iermouth salutem Quia concessimus dilecto fidelâ—nostro Hugoni de Wriothsley quod ipse viginti saptem saccosâ—anae demid de lanis suis propriis in portu prae dicto cariare eas usque Antwerpe ad stapulam nostram ibidem ducere possit solvendo ibidem dilecto clerico nostro Willielmo de Northwell custodi guarderobae nostrae 40. s. pro quolibet saoco pro custuma subsidio inde nobis debitis c. vobis mandamus quod praedict Hugon dictos viginti septem saccos lanae dimid in portu praedicto cartare permittatis c. And another the same yeere 13. E. 3. rot 12. R. Thes Rex collectoribus custumae c. Cum nuper ordinaverimus quod passagium lanarum c. apertum existeret quod sigillum nostrum quod dicitur Coket quod prius claudi sub serra custodâ—â—â— mandavimus aperiretur apertum teneretur ideo vobis mandavimus quod sigillum praedictum in portu praedicto aperiri apertum teneri faciatis omnes illos qui hujusmodi lanas cariare ducere velint permittatis receptis prius ab iisdem viz. de mercatoribus aliis indigenis 40. s. de quolibet saeco â—anae Divers other such sales of traffique occasioned by this parliamentary restraint were made betweene 11. 14. E. 3. st 2. c. 2. 15. E. 3. c. 5. st 2. E. 3. that the restraint was made and 14. E. 3. that this inconvenience being espied the sea was opened by statute and the restraint removed 14. E. 3. stat 2. cap. 2. 15 E. 3. cap. 5. star 2. And this fourty shillings so exacted was complained of as an imposition in Parliament and the occasion and the effect were both taken away together by Act of Parliament 14. 14. E. 3. ce 21. st 1. stat 2. cap. 1. E. 3. stat 1. cap. 21. stat 2. cap. 1. It followed in all Kings times sithence the death of E. 3. that this opening and shutting of the havens restraining and enlarging of traffique was done by Act of Parliament I will give one instance in the Raigne of every King 5. R. 2. c. 2. st 2. 5. R. 2. cap. 2. stat 2. For the passage of wooll wool-fells and leather 6. H. 4. cap. 4. 6. H. 4. c. 4. 2. H. 5. c. 6. st 2. For the traffique and commerce with merchants aliens 2. H. 5. cap. 6. stat 2. For the restraint of staple commodities to places certaine and for the traffique of the merchants of the west 27. H. 6. cap. 1. 27. H. 6. cap. 1. that is enacted in Parliament which is contained in the Proclamation 17. H 6. cited for a president that is because the Duke of Burgundy made an ordinance whereby the traffique of the English Nation was restrained that therefore the Englishmen should not traffique with the subjects of the Duke of Burgundy 4.
And this was the opinion of Sir Iohn Fortescue that reverend and honourable Judge a very learned professor of the Common Law and chiefe Justice of the Kings Bench Fortescu de laudibus Leg. Ang. cap. 9. in the time of Henry 6. â—â—s words are these in his book De laudibus Legum Angliae cap. 9. Non Potest Rex Angliae ad libitum leges mutare regni sui principatu namque nedum regali sed politico ipse dominatur Si regali tantum praeesset iis leges mutare posset tallagia quoque cateraonera imponere ipsis inconsultis quale dominium leges civiles indicant cum dicunt quod principi placuerit legis habet vigorem sed longè aliter potest Rexpoliticis imperans quia nec leges ipse sine subditorum assensu mutare poterit nee Subjectum populum renitentem enerare peregrinis impositionibus In which place I must intepret unto you that peregrinae impositiones be not strange and unheard of impositions as was urged by the worthy gentleman that spake last but impositions upon traffique into and out of forrain Countreyes which is the very thing in question Fortescue de laud. Leg. Ang. cap. 36. further in the thirty sixth Chapter he sayeth of the King of England Neque Rex ibidem per se aut ministros suos tallagia Subsidiae aut alia quaevis onera imponit ligeis suis aut leges corum mutat velnovas condit sine concessione vel assensu totius regni sui in Parliamento So he maketh these two powers of making Law and imposing to be concomitant in the same hand and that the one of them is not without the other He giveth the same reason for this as we doe now but in other words because as he saith in England it is principatus mixtus politicus the King hath his Soveraigne power in Parliament assisted and strengthened with the consent of the whole kingdome and therefore these powers are to be exercised by him only in Parliament In other Countreyes they admit the ground of the Civil Law quod principi placuerit legis habet vigorem Because they have an absolute power to make Law they have also a power to impose which hath the force of a Law in transferring property Ph. Com. l 4 cap. 1. l 5. ca. 8. Philip Comynes that lived at that time in his fourth book the first chapter the fifth booke the eighth chapter taketh notice of this policie of England and commends it above all other States as setled in most security And further to our purpose layeth this ground That a King cannot take one penny from his Subjects without their consent but it is violence And you may there note the mischiefs that grew to the kingdome of France by the voluntary impositions first brought in by Charles the seventh and ever since continued and encreased to the utter impoverishment of the Common people the losse of their free Councell of three estates And if this power of imposing were quietly setled in our Kings considering what is the greatest use they make of assembling of Parliaments which is the supply of money I doe not see any likelihood to hope for often meetings in that kind because they would provide themselves by that other meanes And thus much for my first reason grounded upon the naturall constitution of the policie of our kingdome and the publike right of our nation 2. Com. Law For the point of Common Law which is my second Reason it hath been well debated and nothing left unspoken that can be sayd in it and therefore I will decline to speak of that which other men have well discussed and the rather for that there is nothing in our Law-book directly and in point of this matter neither is the word imposition found in them Dier 1. E. 165. untill the case in my L. Dier 1. Eliz. 165 for we shall finde this businesse of an higher strain and alwayes handled elsewhere as afterwards shall appeare yet I will offer some answers to such objections as have been made on the contrary in point of Common Law and have not been much stood upon by others to be answered The objections that have been made are these that from the first Book of the Law to the last no man ever read any thing against the Kings power of imposing No judgement was ever given against it in any of the Kings Courts at Westminster Other points of prerogative as high as this disputed and debated his excesse in them limited as in the book of 42. 42. Ass p. 5. Ass pl. 5. where the Judges took away a Commission from one that had power given by it to him under the great Seale to take ones person and to seise his goods before he was indicted 1. 2. E. Dier 175. So Master Scrogs case 1. 2. El. Dier 175. the power of the King in making a Commission to determine a question of right depending between two parties notably debated and ruled against the King that hee could not grant it To this I answer that causes of this nature of which the question now handled is have ever been taken to be of that extraordinary consequence in point of the Common right of the whole kingdome that the State would never trust any of the Courts of ordinary justice with the deciding of them but assumed the cognisance of them into the high Court of Parliament as the fittest place to decide matters 2. Ed. 3.7 so much concerning the whole body of the kingdome As 2. Ed. 3.7 it appeares that Ed. 1. had granted a Charter to the men of great Yarmouth that all the ships of Merchants comming to the port of Yarmouth should land their goods at their haven and not at any other haven at that port as at Garneston and little Yarmonth which were members of that port This was very inconvenient for the Merchants and a great hurt to traffique and therefore the Charter was questioned in the time of Ed. 2. and adjudged good by the Counsell but the parties not contented with this judgement in the second yeer of King E. 3. by an order in Parliament made upon a petition there exhibeted against this grant brought a Scire facias out of the Chancery returnable in the kings bench to question againe the lawfullnesse of the Patent and in that suit the cause was notably Debated and those reasons much insisted upon that have been enforced in this case As that of the Kings power in the custodie of the ports But the matter so depending in the ordinary Court of justice a Writ came out of the Parliament and did adjourne it thither againe where it gave occasion of a good Law to be made to prevent the like grants and to make them voyd notwithstanding any judgement given upon them and to make such judgements also void The Statute is 9. E. 3. c. 1. 9. E. 3. c. 1. everyal en and denizen may
matter in question and therefore I will set it downe as I finde it Verbatiâ—n in the record in the tower Ensement novelles customes sont levies ancients enhaunces come sur levies drapes vine aver du pcis aut choses purguoy les Merchants veynont pluis vilement meynes de bien menynont en la terre les Merchants estrangers de murront pluis longment que ils soloyent faier pur le quel demoure les choses sont le pluis enhaunces que ils ne Soloyent estre al dammage de roy de son people Nouâ— ordonomus que touts manners de male tolls levies puies de Coronement de Roy Ed. faier de Roy Henry 〈◊〉 â—â—â—irement oustes de tout estreints pur touts jours nient â—â—â—iristeant le Chartre que le dict Roy Ed. fist as Merchants aliens pur ceo que il fuit fait contra le grand Char. encountre le Franchise de la City de Londres sans assent de Baronage c. Savant neque dont al Roy le custome de leynes peulx de quirs c si aver les do et By this Law is recited that by the leving of new coustomes and by the raising of old traffique was destroyed and all things made deare And therefore all new impositions and customes were dscharged Chartâ mercatoriâ by which custome was encreased on aliens was taken away and the reason alledged Because it was sans assent de Baronage and against the great Charter And this is further which this clause Saving to the King his custome of wooll woll-fells and Lether Si aver les do et Great warres have been raised against the credit of this Law in the Parliament house and three things have been especially objected against it First that it is no Law for it was enforced upon the King by some of the nobility that were too strong for him the Realme being then in tumult and mutiny about the quarrell of Peirce of Gaveston so never had the Kings free consent but he gave way unto it for feare of greater mischiefe Secondly that in it selfe it is unjust as in taking away the custome granted to the King by Charta mercatoria 31. E. 1. and in making doubt whether the King should have the custome of wools c. by those words Saving it to him Si aner les do et The third objection is that if it were a Law it is repealed To these I give particular answers To the first that this statute was made both at the instance of the King and people with a purpose and intention on all parts to settle things in a stay and order both in the Kings house and Common-wealth the King and his nobles standing in good termes when this businesse was taken in hand and it was begun and ended with great solemnity and ceremony for the King in the third yeare of his reigne gave Commission under his great Seale to 32. Lords spirituall and temporall Com. 16. Mâ—r. 3. E. 2. Rot. ordin 5. E. 2. of which there were eleven Bishops eight Earles and thirteene Barons they being as Committees of the higher House to devise ordinances for the good government of of his house and his Realme In which Commission he doth for the honour of God the good of him and of his Realme of his freewill graunt to the Prelates Earles and Barons and others elected by the whole Kingdome full power to ordaine the State of his house and Realme by such ordinances as by them should bee made to the honour of God the honour and profit of holy Church the honour of himselfe the profit of him and his people according to right and reason and the oath hee made at his Coronation These joyning with others of discreet Commons in Parliament and taking every of them a solemn oath for their sincere demeanor in the businesse did make this and other ordinances which were so well liked of by the King that after they were made hee took an oath to observe them Pullic 3. Kal. Oct. 5. E. 2. Rot ordin Pâ—t 5. Oct. 5. E. 2. Rot. ordin and caused them to be published in Pauls Church-yard by the Bishop of Salisbury by denouncing excommunication against all that should wilfully infringe them And by his Letters Patents dated 5. Oct. 5. regni sui did send them through the Realme to be published and from thenceforth to be observed thereby signifying his great liking and approbation of them after which they had the force and power of Lawes given unto them in the Parliament in the fifth yeere of his raign The second obiection which is the injustnesse of the law instanced in two points the taking away of Charta mercatoria and the doubting of the Kings right to the custome of wolls woll-fells and Lether c. To the first of these I deny it to be unjust but to be according to the law of England and liberty of the Kingdome for that Charter did containe in it divers grants of things which were not in the power of the King to grant without assent of Parliament as the triall per medietatem linguae and other things tending to the alteration of the Law and burdening of the people and therefore that Charter never had his undoubted and setled force until it was confirmed by act of Parliament but lay asleep almost twenty yeers together without being put in execution between 5. E. 2. and 27. E. 3. when it was confirmed for the doubt that is supposed to be made in the statute of the Kings right to the custome of wooll wooll-fells and Lether I take it there is no such doubt made For the words Saving the kings right to the custome of woolls si aver les do et have this construction that is at such times as hee ought to have it so the word si hath the signification of quando for it had been a folly to have made a Saving of that of the right whereof they had doubted neither is it likely but that they would have taken it away if it had not been lawfull but there was no colour to doubt of the right of it for it was given by act of Parliament and ever continued in force without challenge or exception to the lawfullnesse of it The third objection is That this Statute is repealed To this I plead Nullum vale recordum If it be repealed it must be by Act of Parliament for unumquodque dissoluitur iâ—sdem modis quibus est colligatum I and others have searched the Records of the Realme and endeavoured by all means to informe our selves of the truth herein and we can finde no Act of Parliament of repeale The truth is some Kings finding these Lawes not to sort to their wills and humours have endevoured to suppresse them but they didnever yet obtaine a repeale of them by Act of Parliament But it is further urged That although there were no formall repeale of the Law yet it was
these they affirme cannot be understood but of Impositions by the King without assent of Parliament To this I answer if they were not duties due to the King besides Custome and Subsidie which might satisfie the intention of these words this objection might have had some colour in it but it is plaine that besides these two there are other profits due to the King upon Merchants goods as Scavage Tonage and the like And you shall finde a Petition in Parliament Rot. parl 50. E 3. nu 163. 50. E. 3 against the raising of these above the old rate The eight Law is E. 15. E. 3. stat 2. ta 5. 3. stat 2 ca. 5. whereby it is enacted that every Merchant may freely buy and sell and passe the sea with their Merchandizes of Wooll and all other things paying the Custome of old time used according to the Statute made the last Parliament in Midlent which was the stat 14. E. 3. stat 2. cap. 2. This Law doth expresly exclude the novelty of Impositions The ninth Law is that 18. 18. E. 3. stat 1. ca. 3. E. 3 stat 1. ca. 3. Whereby it is enacted that the sea be open to all manner Merchants to passe with their Merchandizes where it shall please them The tenth is 27. 27. E. 3. st 2. ca. 2. E. 3. stat 2. ca. 2. for the assurance of Merchant strangers and other the King doth will and grant for him his heires that nothing shall be taken over the due Customes nor taken of them to his use by colour of sale or in other manner against their wils The eleventh is 38. E. 3. ca. 2. 38 E. 3. ca. 2. that all manner Merchants aliens and denizens may buy and sell all manner of Merchandizes and freely carry them out of the Realm paying the Customes and Subsidies thereof due The last is 22. H. 8. ca. 8. 22. H. 8. ca. 8. by which it was enacted that Tables should be set up in ports by which the certainty and very duty of every custome toll and duty or summe of money to be demanded and required of wares and Merchandizes shall and may plainely appeare and be declared to the intent that nothing be exacted otherwise then in old time hath beene used and accustomed By this late Law it appeareth that the judgement of of the whole Parliament was at that time that nothing was due upon Wares and Merchandizes but that which was certaine and had beene anciently due by which Impositions are excluded whose qualities are novelty and incertainty as being set on as present occasion moveth and proportioned for quantity and other circumstances as the will of the King directeth These are the Lawes which I conceive most directly tend to the restraining the Kings of England from the exercise of that irregular power of imposing at the first offered by them to be put in execution yet not pressed as their right and never practised but upon opposition of the whole State and at last deserted and given over untill of late As by that which followeth in the fourth place will appeare My fourth and last assertion is Custome 4 that this practiseof imposing without assent of Parliament is contra morem Majorum In this I will make an historicall perlustration of the times past whereby I will discover and make knowne what passages have beene in this businesse in this Kingdome and especially in the high Court of Parliament for the space of 300 yeares and more last past since the beginning of the raigne of E. 1. sithence which time and not before this Kingdome hath growne into the glory and reputation of foraigne traffique And as a worthy Gentleman of the Kings â—earned Councell made certaine considerations upon this question framed and strengthened out of the greatnesse of his wit and reason so I grounding my selfe upon the practise of former times which is the safest rule whereâ—y to square the right both of King and people in this Common wealth where their right is jus consuetudinarium a right that groweth by use and practise I will propose unto you certaine observations out of the action and experience of former times untill the raignes of the two late Queenes by which you may the better ground and frame your judgements in the determination of the right in this question My first observation is in point of circumstance that there never was any Imposition set but in time of actuall war and duplicatis vexillis they were set on very rarely and sparingly but for a short time and that certaine and definite and upon some few commodities and that by the assent of the Merchants that were to beare the burthen In our time the occasion not so sensible the continuance to be perpetuall the number many hundreds almost no kinde of Commodity spared I will give you some few Instanof these circumstances ces out of the Records themselves The maletole of Wooll set on by King E. 22. E. 1. orig Scacc. Rent Thes 22. E. 1. mem Scac. R. Thes T. Mich. 1. which gave the occasion of the Stat. 25. yeare of his raigne was given by Merchants The Record saith Mercatores gratanter concesserunt in subsidium guerrae Regis It further sheweth it was for his necessity of warre which then was great also For the time of E. Rot. parl 17. E. 3. nu 28. 3. there need not many instances for his whole raigne was almost an actuall warfare As in the sixt year of his raigne for his warre in Scotland and Ireland In the thirteenth year of his raigne for his war in France severall Impositions were set on In the seventeenth yeare of E. 3. the Record in the Tower mentioneth that forty shillings Imposition was upon a sacke of Wooll by the grant of Merchants and it was in the time of Warre In the twentieth yeare of King E. 3. Rot. parl 20. E. 3. nu 18. it appeareth in the Record that the Imposition then put upon Wools was by the assent of Merchants for two yeares for the necessity the King had in his passage over the sea to recover his right and to defend the Realme My second observation is never any Imposition was set on by the King out of Parliament but complaint was made of it in Parliament and not one that ever stood after such complaint made but remedy was afforded for it Et quod Rex inconsultò fecit consulto revocavit his Soveraigne power controlled his subordinate In which it is a thing very notable that the King in no one Case ever claimed or so much as ever named his right or prerogative which no doubt would have been done if it had been thought due but gave satisfaction to the complaint by one of these three waies either by discharging them quite and making some good Law against them Secondly by intreating the people to hold them some short time by their favour Thirdly by waving his present possession and taking that of their