we find a more brief cause of Justice for there the King in respect of the loss which certain Merchants of London had sustained by an arrest made of their goods made by the Countesse of Flanders doth grant unto them all the Merchandizes whereof the Flemings were possest in England Rot. Pa. 3 E. 1. m. 19. in Archivis turris London Whereupon the Lord Mayor of London did seize so much goods of the Flemish Merchants as amounted to 730. Marks and delivered the same to Thomas Debassing and other Merchants who had suffered loss by that arrest and in the same Roll of 3 Ed. 1. the Lord Mayor of London and Bailiffs of Southampton are commanded by the Kings Writ Quod omnes Mercatores Londienses ad partes Angliae accedentes per bona catalla sua distringuantur sed in legem mercatoriā consuetidinem Regni ad satisfaciendum Mercatoribus Florentinis de pecuniis ipst mutuo tradiderunt Willielmo Episcopo Leodiensi Here we see that Lex mercatoria which doth apparently differ from the ordinary Cōmon Law of this Kingdom is said to be Consuetudo Regni And lastly in a sute at the Common Law no mans Writing can be pleaded against him as his Act and Deed unlesse the same be sealed and delivered but in a sute between Merchants Bills of Lading Bills of Exchange being but Tickets without Seals Letters of advice and credences Policies of assurance Assignations of debts all which are of no force at the Common Law are of good credit and force by the Law Merchant Thus we see how Merchandizes do differ from other goods and Chattles in the eye of the Law and how the Law Merchant doth differ from the common Law of England and how the Common Law doth admit and allow thereof Our Parliaments likewise have not onely made extraordinary provision for the more speedy recovery of Debts due unto Merchants for their Merchandizes than is provided by our Common Law as appeareth by the Statute of Acton Burnell made the 11 Ed. 1. and the Statute de Mercatoribus made 13 Ed. 1. but also have course of proceedings in cases of Merchants differing from the course of our Common Law for by the Statute of 27 Ed. 3. cap. 2. it is declared that the proceedings in causes of Merchants shall be from day to day and hour to hour according to the Law of the Staple and not according to the course of the Common Law and by another Article in the same Parliament that all Merchants comming to the Staple should be ruled according to the Law of Merchants touching all things comming to the Staple and not by the Common Law of the Land and by another Article that neither of the Benches nor any ordinary Judges of the Common Law shall have any Jurisdiction in those cases and lastly that the Law of Marque and Reprisall which is a branch of the Law Merchant shall be used as it had been used in times past So as the Parliament doth but declare the ancient Law and doth not introduce a new Law in those cases Untill I understood this difference between Merchandizes other goods and between the Law Merchant and the Common law of England I confess I did not a little marvell England being so rich and entertaining Traffique with all Nations of the World having so many fair Ports and so good Shipping the King of England also being the Lord of the Sea and also a principall part of his Royal Revenue consisting in duties payable for Merchandizes so as many Questions must of necessity arise in all ages touching Merchants and Merchandizes What should be the cause that in our Books of the Common Law of England there are to be found so few cases concerning Ships or Merchants or concerning Customes or Impositions payable for Merchandizes But now the reason thereof is apparent for the Common Law of the Land doth leave these cases to be ruled by another Law namely the Law Merchant which is a branch of the Law of Nations The Law Merchant as it is a part of the Law of Nature and Nations is universall and one and the same in all Countries in the World for as Cicero saith of the Law of Nations Non erit alia lex Romae alia Athenis alia nunc alia posthac sed omnes gentes omni tempore unalex eademque perpetua continebit c. So may we say of the Law Merchant there is not one Law in England another in France another in Spain another in Germany but the same rules of reason and the like proceedings of the Law Merchant are observed in every Nation for as our Chancellor of England affirmeth 13 E. 4. 9. That the proceedings of the Law Merchant ought to be according to the Law of Nature which is universall so say the Civilians of severall Nations The Italian Doctor saith In curia mercatorum naturalis aequitas praecipue expectanda ex aequo bono causas dirimendas esse The French man saith In curia mercatorum proceditur de mera aequitate omissis solemnitatibus apicibus juris The Spaniard likewise saith Apices subtilitas juris non considerantur in foro mercatorio whereby it is manifest that causes concerning Merchants and Merchandizes are not wont to be decided by the peculiar and ordinary Laws of every Country but by the generall Law of Nature and Nations out of which resulteth this Conclusion Suppose it be admitted that by the positive Law of the land Taxes and Tallages may not be laid upon our goods within the land without an Act of Parliament yet by the Law of Nations and by the Law Merchant which are also the Law of England in cases of Merchandizes the King of England as well as other Kings may by vertue of his Prerogative without Act of Parliament lay Impositions upon Merchandizes crossing the Seas being goods whereupon the Law doth set another character than goods possessed in the land as is before expressed CHAP. IV. Of the Imperial or Civil Law and of the extent of the Iurisdiction thereof of what force it is at this day within the Monarchies of Europe and in what case it is received within the King of Englands Dominions and how it warranteth all Kings and Absolute Princes to lay Impositions upon Merchandizes WHen the City of Rome was Gentium Domina Civitas illa magna quae regnabat super Reges terrae The Roman Civil Law being communicated unto all the Subjects of that Empire became the Common Law as it were of the greatest part of the inhabited world yet the extent thereof was never so large as that of the general Law of Nature as it is noted by Cicero offic. lib. 2. Majores nostri aliud jus Geutium aliud Civile jus esse voluerunt quod enim civile non idem continu◠Gentium quod autem idem civile esse debet whereby it is manifest that the
they wanted right so to doe or because they doubted of their right in that behalf for they well knew they had the same right the same prerogative and absolute power that their Predecessors had but because they found other means to make other profit upon transporting of Merchandizés and that in another manner and in so high measure as the trade of Merchandizes in those daies could hardly bear any greater charge without danger of overthrowing all Trade and Comerce And therefore those Princes did in their wisdomes forbear to lay any further Impositions by their Prerogatives For these Kings who reigned after King Edw. 3. who conquered Callis in France and before Queen Mary lost Callis had two principal waies and meanes to raise extraordinary profits upon Merchandizes but proceeding from one cause namely from establishing the Staple at Callis for King Edw. 3. some few yeares before his death did by his Prerogative in point of Government without Act of Parliament erect a Staple at his Town of Callis and did ordain and command that all the Merchandizes exported out of England Wales and Ireland by any Merchant Denison or Alien should presently be carried to the Staple at Callis and to no other place beyond the Seas This Staple at Callis was first setled and fixed there by an Ordinance which the King made by virtue of his Prerogative and absolute power in the government of Trade and Comerce without Act of Parliament And if this Ordinance so made had been thought unlawful and against the liberty of the Subject it would never have been approved and confirmed by the Judgements of so many Parliaments in the times of Rich. 2. Hen. 4. Hen. 5. and Edw. 4. Neither could there have been such heavy penalties layd by those Parliaments upon the transgressors of those Ordinances Insomuch as in the time of King Henry the sixth it was made Felony to Transport any Merchandizes to any part beyond the Seas but to Callis onely Now the Staple of Callis being thus established there did arise a double profit to the Crown for transportieg of Merchandizes over and above the ancient Customes and other Subsidies granted by Parliament First it came to pass that the Customs and Subsidies for Merchandizes transported out of England Wales and Ireland which before was single and payd but once that is upon the outgate after the establishing of the Staple at Callis the duties for the same Merchandizes became double at the least and for the most part treble and were ever payd twice and for the most part thrice namely once upon the outgate in the Ports of England Wales and Ireland secondly upon the ingate at Callis and because all the commodities brought into Callis could not be vented into the main Land there but the greatest part was to be exported again by Sea into higher or lower Germany and other the North-East Countries and some into Spain and Italy and the Hands of the Levant there did arise a third payment of Customes and Subsidies for so much of their commodities as were exported again cut of Callis by meanes whereof the Customes and Subsidies did amount to threescore thousand or threescore and ten thousand pounds sterling per annum in the latter times of King Edw. 3. and during the reign of Rich. 2. Hen. 4. Hen. 5. and the beginning of the reign of Hen. 6. as appears by the Records of the Exchequer of England which according to the valuation of Moneys at this day the ounce of Silver being now raised from two shillings to five shillings do make two hundred thousand pound sterling per annum which doth equal or surmount all the Customes Subsidies and Impositions received at this day though that plenty of money and price of all things and consequently the expences of the Crown be exceedingly increased in these times And albeit the breach of Amity between the Crown of England and the Duke of Burgundy who was the Lord of the Lower Germany in the weak and unfortunate time of King Hen. 6. did cause a stop of Trade between us and that Country into which the greatest part of our Staple wares especially Wooll and Cloth were vented and uttered and was likewise the cause of loss of all our Territories in France except Callis and all the Merchandizes thereof whereby the Customes and other duties payable for Merchandizes were in the time of that unhappy Prince withdrawn and diminished to a low proportion yet afterwards upon the Mariage of Margaret Sister to King E. 4. unto the Lord Duke of Burgundy as that in honour of the English Wooll which brought so much Gold into his Country he instituted the Order of the Golden Fleece and thereupon the Customes Subsidies and Impositions were raised again to so high a Revenue as our Kings could not well in policy strain that strength of profit upon Merchandizes any higher Secondly albeit the Staple established at Callis being first established by an order made by the Kings Prerogative and absolute power was afterwards approved and confirmed by sundry Acts of Parliament yet did the King by another Prerogative retain a power to dispence with that Ordinance and those Acts of Parliament and to give license to such and so many Merchants as himself thought fit to export any Merchandizes out of England Wales and Ireland unto any other parts beyond the Seas besides à non obstante of the first Ordinance and of the Statutes which did establish the Staple at Callis By virtue of this Prerogative and power the several Kings who had Callis in their possessions did grant so many Licences to Merchants as well Aliens as Denizens to transport our Staple commodities immediately into other places without coming to Callis for which Licences whereof there are an incredible number found in the Records of England the Merchants payd so dear for their commodities especially the Genoeses and the Venetians and other Merchants of the Levant as by the profits made of those Licences did amount to double the value of those Customes and Subsidies payable for exportation thereof and thereof those Princes as they had the less need so had they no reason at all to charge the Trade of Merchandizes with any other or greater Impositions In these two points before expressed doe consist the principal cause why the Princes of England who succeeded King Edw. 3. who won Callis untill the reign of Queen Mary who lost Callis did not directly use their Prerogative in setting any other Impositions upon Merchandizes above the ancient Customes and Subsidies granted by Parliament For it is to be observed that most part of those Princes who reigned after K. Edw. 3. and before Queen Mary had the Subsidy of Tonnage and Poundage granted unto them by Parliament which being added to the gain of the Staple of Callis did augment not a little the profit layd upon Merchandizes And may be a reason likewise why those Kings did forbear to lay any other Impositions by their Prerogative
THE QUESTION CONCERNING IMPOSITIONS Tonnage Poundage Prizage Customs c. Fully stated and argued from Reason Law and Policy DEDICATED To King IAMES in the latter end of his Reign BY Sir JOHN DAVIES His then Majesties Attourney Generall LONDON Printed by S. G. for Henry Twyford in Vine-Court Middle-Temple and Rich Marriot under the Dyall in Saint Dunstans Church-yard London 1656. TO THE KINGS Most Excellent MAJESTIE THis Question SIR Concerning your Majesties Prerogative in laying Impositions upoÌ„ Merchandizes ought not to have been made or moved at all howbeit it hath been stirred and debated in Parliament it is now become an Argument of such Dignity and Importance as the best-able amongst your Servants learned in the Law may well imploy their best learning in the discussing thereof For my part though I find my self unable to handle this Noble Question as the weight and worthinesse requireth yet have I upon sundry occasions arising from the course of my service collected such notes and drawn together such materials as may be of use in the building of a Fortresse in the defence of this Prerogative and sure I am that if your Majestie will vouchsafe to cast your eye upon these Collections that your Judgment will make a far better use and application thereof than I who have gathered the same can posible do these little sparks of knowledge being taken into your Majesties consideration wil instantly multiply and arise into a flame and so give a great light for clearing of this Question This learning within my hand is but a Spade in your Majesties hand will become a Scepter I have onely like the poor Indian digged up the Oare of Mine which being brought into the Kings Mint and refined there becomes part of the royall Treasure For the Argument it self it will hardly receive any Ornament Ornari res ipsa negat contenta doceri The best light I can give it is Lucidus ordo by breaking it into Capitâ— rerum and casting it into a plain and naturall method it is somewhat long and in Multilâ—quio non deâ—st peccacum saith Solomon it is also mixt with some reasons of State wherein a common Lawyer may easily make a Solaecism yet such as it is my zeal to advance your Majesties Service hath moved me to present it to your Majesty with all humbleness and with some hope that this dutifull paine shall purchase a pardon for the errours therein committed By your Majesties unprofitable Servant and humble Subject Iohn Davies THE CONTENTS Of this BOOK CHAP. I. THe Exposition and meaning of certain words which do shew the true state of the Question page 1 CHAP. II. Of the general Law of Nations or Jus Gentium and the force thereof in all Kingdoms that traffique and commerce is a principal subject of that Law and that it giveth power unto all Kings to take Customes and Impositions upon Merchandizes and that the Crown of England hath many Prerogatives annexed to it by the Law of Nations of which our Common Law taketh notice and doth admit and approve the same 4 CHAP. III. Of the Law Merchant which is a branch of the Law of Nations and how it differs front our Common Law and how in the judgement of our Law Merchandizes do differ from other Goods Chattels which do not crosse the Seas and how the Common Law and Statute Law of England do admit and allow of the Law Merchant 10 CHAP. IV. Of the Imperial or Civil Law and of the extent of the Iurisdiction thereof of what force it is at this day within the Monarchies of Europe and in what case it is received within the King of Englands Dominions and how it warranteth all Kings and Absolute Princes to lay Impositions upon Merchandizes 20 CHAP. V. Of the Canon or Ecclesiastical Law and how far forth it doth examine and resolve this Question in cases of Conscience only 25 CHAP. VI That this Question of Imposition may be examined and decided as well by the rules of the Laws before mentioned as by the rules of our Municipiall Laws or Common Law of England 27 CHAP. VII Of the Kings Prerogatives in general and that the same do consist in certain speciall points or cases reserved to the absolute power of the Crown when the Positive Law was first established and that the CoÌ„mon Law of England doth acknowledge and submit it self to those Prerogatives 29 CHAP. VIII Of the Kings Prerogative in the ordering and governing of all Trade and Traffique in Corporations Markets and Fairs within the Land and the Common Law doth acknowledge this Prerogative and submit it self there unto 34 CHAP. IX That the King hath another Prerogative in the Government in the Trade of Merchandizes crossing the Seas differing from the Prerogative which he useth and ordereth in Trade and Traffique in Markets and Fairs within the Land and of the difference between Custome and Toll by the rules of the Common Law 38 CHAP. X. Of the ancient duty called Custome payable for our principall Commodities exported and that it was originally an Imposition 41 CHAP. XI Of the ancient duties called Prizes taken out of Forein goods imported except Wines and the petty-Customes of three pence of the pound were accepted by King Edw. 1. in lieu of Prizes 46 CHAP. XII Of the ancient Customes payable for Wines called Prizâ—ge and Butlerage 50 CHAP. XIII Of the ancient Officers which our Kings have created by vertue of their Prerogatives to search and over-see all sorts of Merchandizes and to collect the duties payable for the same 52 CHAP. XIV Of other Impositions besides the ancient Customes before mentioned laid upon Merchandizes by severall Kings and Queens since the Conquest some of which Impositions have been discontinued or remitted and some of them are continued and paid at this day and first of the Imposition set by King Edw. 1. over and besides the Customes spoken of before 53 CHAP. XV Of the Imposition set and taken by King Edward the second 55 CHAP. XVI Of the Impositions laid and levied upon Merchandizes by King Edw. 3. 57 CHAP. XVII Of the Profits raised unto the Crown out of Merchandizes during the reigns of several Kings who succeeded K. Edw. 3. untill the reign of Queen Mary 62 CHAP. XVIII That Queen Mary did use her Prerogative in laying Impositions upon Merchandizes 70 CHAP. XIX That Queen Elizabeth also used her Prerogative in laying Impositions upon Merchandizes 71 CHAP XX That our Soveraign Lord King James hath by virtue of the same Prerogative without Act of Parliament layd several Impositions upon Merchandizes 73 CHAP. XXI The general reasons whereupon this Prerogative is grounded 76 CHAP. XXII Of the several Objections that are made against the Kings Prerogative in laying Impositions upon Merchandizes and the several Answers thereunto 94 CHAP. XXIII The Answer to the first Objection 96 CHAP. XXIV Of the second Objection touching the uncertainty and unbounded largenesse of this Prerogative 99 CHAP. XXV The Answer to the second
pence and for every three hundred Wooll-fells six shillings and four pence and for every last of Leather a demi mark over and above the duties payable by Denizens for the same commodities which grant being made by the Merchants of every Nation not being incorporated and made a body politick is in respect of them of no force of the rule of the common Law until the Kings charter made it good and maintained it untill it was confirmed by Parliament 27 Edw. 3. which was fifty years after the date of the Charter upon the matter these duties payable by Merchant Strangers were onely Impositions raised and established by the Kings charter which Charter being made in England was afterwards established exemplified under the Great Seal of England and transmitted into Ireland with a special Writ directed to the Officers of the Customes there to levy three pence of the pound and other duties mentioned in that Charter as appeareth in the Red Book of the Exchequer there by vertue of which Writ onely without Act of parliament the three pence of the pound and other duties were levied and paid to the Crown in Ireland CHAP. XII Of the ancient Customes payable for Wines called Prizage and Butlerage THe most ancient Custome payable for Wines is Prizage which is not any sum of Money but two Tunns of Wine in specie out of every Ship freighted with twenty Tun the one to be taken before the Mast and the other behind the Mast of the Ship and the price which the King himself did limit to pay was twenty shillings onely for every Tun as appeareth by an ancient Record of 52 Hen. 3. whereby we may conjecture what easie rates the King gave for the prizes of other Merchandizes This Custome of Prizage was meerly an Imposition for it could not be granted by the Merchants of Forreign Nations being no body politique as is before declared neither is there any Act of Parliament wherby our own Merchants did ever grant it unto the Crown This duty of Prizage was remitted unto the Stranger by the Charter of 31 Edw. 1. before mentioned and in lieu thereof by vertue of the same Charter the King before mentioned receiveth two shillings for every Tun of Wine brought in by Strangers which we now call Butlerage but Prizage is paid in Specie by all our own Merchants at this day the Citizens of London onely excepted who having remissiō of Prizage by a special charge were charged with a new Imposition called Gauge viz. de quolibet dolio 1 d. de vinis venientibus London which was accounted Forreign Magno Rot. An. 1 Edw. 1. in the Office of the Pipe at Westminster the last of these Impositions which by the continuance have gotten the name of Custome was laid and imposed three hundred years since and have ever since been approved and are now maintained by the Common Law of England as the lawfull and ancient Inheritance of the Crown CHAP. XIII Of the ancient Officers which our Kings have created by vertue of their Prerogatives to search and over-see all sorts of Merchandizes and to collect the duties payable for the same AS our ancient Kings by vertue of their Prerogative without Parliament have laid the Customes or Impositions before expressed upon all sorts of Merchandizes exported and imported so by the same Prerogative have they ordained severall sorts of Officers to search and over-see those Merchandizes on which they had laid those Impositions namely the Gauger of Wines a high Officer is as ancient as the Imposition of the Gauge it self before mentioned the Alneger of the cloths which is more ancient than any Act of Parliament that makes mention of the cloths for there is a Record of 14 Edw. 2. in Archivis turris which speaketh of the Alneger the Packer of Woolls the Garbellor of spices besides the Officer of the Customes viz. the Customer Comtroller and Searcher all which Officers have ever taken Fees of Merthants both Denizens and Aliens not by grant of the Merchants or Act of Parliament but by vertue of their severall Patents granted from the King CHAP. XIV Of other Impositions besides the ancient Customes before mentioned laid upon Merchandizes by severall Kings and Queens since the Conquest some of which Impositions have been discontinued or remitted and some of them are continued and paid at this day and first of the Imposition set by King Edw. 1. over and besides the Customes spoken of before IT appeareth in the Record of the Exchequer of England That in 16 Edw. 1. an Imposition of four shillings was laid upon every Tun of Wine brought into England from certain Towns in Gascogine and Spain and at this day answered and compted for duty for the space of ten years untill the 26 Edw. 1. when it was remitted but during the Kings pleasure only it appeareth likewise 25 Edw. 1. by the Charter of the confirmation then made of the Great Charter that King Edw. 1. had for divers years before set and laid an Imposition of fourty shillings upon every Sack of Wooll exported which ad instantiam Communitatis he was pleased to remit which remittall was of meer Grace upon the Petition of the Commons after that Imposition had been laid many years before and it is to be noted that this Imposition of fourty shillings upon a Sack of Wooll was taken and levied above twenty years together after the new Imposition of the demi mark upon a Sack of Wooll which was set and established for that begun in 3 Edw. 1. and this Imposition of fourty shillings continued till 25 Edw. 1. which is a strong argument that the first establishment of the demi mark was not by a binding Act of Parliament with a Negative voice that no other duties should be taken for those Merchandizes as was surmized but was only a mitigation or reducement of a greater Custome paid before which was done of meer Grace upon some reason of State at that time CHAP. XV Of the Imposition set and taken by King Edward the second KIng Edward the second in the beginning of his Reign did as well take the ancient as the new Custome upon Wooll Wooll-sells and Leather which ancient Custom must needs be intended an ancient Imposition over and besides the demi mark which was then called the new Custome and this appeareth by a Record in the Tower 3 Ed. 2. Claus. memb. 16. where the King directeth his Writ collectoribus suis tam antiquae quam novae customae lanarum pellium corriorum and requireth them to pay certain Debts of his Fathers King Edward 1. out of their old and new Customes and a hundred thousand pound pro damnis occasione retardationis solutionis debitis c. and howbeit afterwards he being a weak Prince and misguided by ill Counsell and over-ruled by his unruly Barons was driven first to suspend the payments of his Customes of three pence the pound and other duties contained
We may adde hereunto other reasons First Rich. 2. was a Minor and over-ruled by the great Princes of the Blood who would not suffer him to use his Prerogative Secondly that during the Wars of Lancaster and York there was no fit time to make use of that Prerogative while both parties did strive to win the favour of the people Thirdly that King Hen. 7. had much ado to settle himself in the quiet possession of the Kingdome after those troubles Fourthly that King H. 8. had such a mass of Treasure left him by his Father and did so inrich himself by dissolution of Abbyes as he had no need to make use of this Prerogative Fiftly that K. E. 6. was also a Minor and that his chiefest Council did more contend to advance their own houses than the Kings profit CHAP. XVIII That Queen Mary did use her Prerogative in laying Impositions upon Merchandizes QUeen Mary in whose time the Town of Callis was lost and consequently the benefit of the Staple at Callis was lost did by her absolute power as appeareth by the Report of the Lord Dyer 1 Eliz. Dyer 165. raise an Imposition upon Clothes viz. six shillings and eight pence upon every Cloth over and above all Customes and Subsidies True it is that the Merchants petition'd to be disburthened of this Imposition which was referred to the consideration of the Justices and other whereupon they had many assemblies and conference as that Book reporteth And albeit the Resolution of the Judges in that behalf be not found in that book it is to be presumed That they adjudged the Imposition to be just and lawfull because it was continued and answered during all the Reign of Queen Mary This Queen Mary likewise by her Preroonely layd an Imposition of four Marks upon every Tun of French Wines over and above the Prizage and Buttlerage which during her life time was payd without contradiction CHAP. XIX That Queen Elizabeth also used her Prerogative in laying Impositions upon Merchandizes QUeen Elizabeth also by virtue of the same Prerogative did not only continue the Impositions layd by Queen Mary upon Cloths and French Wines but did raise other Impositions of sundry sorts of Merchandizes by the same absolute power namely upon every Tun of sweet Wines upon every Tun of Rhenish Wines upon every Kental of Allom which during the time of the prudent Princess were payd and received without question Besides the same Queen upon complaint made unto her in the twelfth year of her Reign That the State of Venice did impose one Ducket upon every hundred of Currans exported out of their Dominions by the Merchants of England did by her Letters Patents grant unto the English Merchants who traded into the Levant That they only and their Assigns might bring Currans into England The English Merchants having this privilege did take five shillings and six pence upon every hundred waight of Currans brought into England by Strangers which was duly payd although it was taken by the Merchants by virtue of their privilege only of fortiori yet it ought to have been payd if it had been payable to the Queen her self as the Lord Chief Baron Fleming did observe in his Argument of Bate's case of Currans in the Court of Exchequer in England CHAP. XX That our Soveraign Lord King James hath by virtue of the same Prerogative without Act of Parliament layd several Impositions upon Merchandizes HIS Majesty likewise when he came to be King of England finding his Crown to be seized of this Prerogative and finding withall the necessary charge of the Crown exceedingly to increase did for the supportation thereof not onely continue the Impositions layd by Queen Mary and Queen Elizabeth but also layd new Impositions upon sundry sorts of Merchandizes over and above all Customes and Subsidies formerly due and payable for the same And these are the Impositions now the principal of these is twelve pence upon the pound or a second poundage set upon Merchandizes as well exported as imported by Letters Patents 28. Iuly in the sixth year of his Majesties Reign but how is it set and imposed surely with such moderation and limitations and such receptations full of grace and favour as no Monarch or State in the world did ever impart to their Subjects the like in the like case for besides other gracious clauses contained in the same Letters Patents All commodities serving either for food or sustenance of the Kings people or seting the poor on work or for munition or defence of the Realm or for maintainance of Navigation or which especially tends to the enriching of a Kingdome are excepted and discharged by this Imposition As for the special Impositions which his Majesty hath set upon certain forrein commodities as Currans Logwood Tobacco c. As touching the first of these the Imposition hath been adjudged lawful in the Court of Exchequer of England And for the other commodities they are of such nature as no man ever made question but that the Impositions set upon them were lawful Besides these Impositions layd in England his Majesty by his Prerogative onely since the beginning of his Reign received the Impost of Wines in Ireland and hath likewise to make equality of Trade in that Realm layd an Imposition of twelve pence on the pound of all other Merchandizes imported and exported out of the Ports of Dublin Waterford Drogheda and Galway the Citizens of which Cities and Townes are exempted and discharged of Poundage granted by Act of Parliament there which Imposition was never impugned in Ireland but hath since the setting thereof been levied and payd without contradiction And that wee see how long the Crown of England hath been seised of this Prerogative in laying Impositions upon Merchandizes and how the same hath been put in practice by the most prudent Princes since the Conquest CHAP. XXI The general reasons whereupon this Prerogative is grounded ALthough it be a matter of difficulty and doth savour withall of curiosity and presumption to search a reason for every Prerogative that is incident to the Crown for Sacrilegii est disputare de Principis facto saith the Imperial Law and Scrutator Majestatis opprimitur à gloria saith the Wise man Yet the reasons whereupon this Prerogative is grounded are so many and manifest as it were not amiss to collect the principal of them rather for the confirmation than the satisfaction of such as have moved this question touching the lawfulness of Impositions layd by his Majesty upon Merchandizes First the King is the Fountain of all Justice and therefore the first reason drawn from the Kings charge in doing Justice and procuring Justice to be done to Merchants not onely distributive Justice wherein consisteth Praemium and Paena but cōmutative Justice is also derived from the king Now his Majesty doth exercise commutative Justice chiefly in the ordering and government of Trade and Comerce wherein hee is to doe Justice or to procure Justice to
a Prerogative in point of Government to make choice of the Sheriff in every County there is a Statute made 28 Edw. 3. cap. 7. That no man shall be Sheriff two years together and that no Commission shall be granted or renew'd for the year following to him that hath been Sheriff the year before Was the Kings Prerogative bound by this Statute when hee granted the Sheriffwick of Northumberland to the Earle of Northumberland during his life with non obstante of that Statute 2 Hen. 7. fol. 6. Again the King hath no ancient and absolute power to grant dispensation for holding Ecclesiastical Benefices in Cōmendum There is a Statute made 7 Edw. 3. in Ireland whereby it is enacted and declared that the Kings dispensation in this case shall be utterly void if it be not by Act of Parliament did this Statute so derogate from the Kings Prerogative and so restrain it that he might not only by his Letters Patents Grant Cōmendamus before the Statute of 28 Hen. 8. in this Realm assuredly the Kings dispensation non obstante the Statute would have taken away the force thereof as if no such Law had ever been made There are many other cases of like nature which I omit as for the particular Statutes before recited the words thereof are too generall to bind or restrain this Prerogative in laying Impositions upon Merchandizes First that Statute of Magna Charta doth give safe conduct to all Merchants to come and go and to tarry within the Realm and to buy and sell their Merchandizes sine malis tolnetis per antiqnas rect as consuetudines How do these generall words restrain the Kings Prerogative in this Case for the ancient Common Law of the Land which is the Common Custome of the Realm doth warrant and approve the Kings Prerogative in laying Impositions upon Merchandizes as before I have fully and clearly proved then a reasonable Imposition laid by the King is Antiqua recta consuetudo warranted and approved by the Great Charter Secondly albeit King Edw. 1. by Act or Charter of confirmation of Charta Mercatoria made in Anno 25. of his Reign doth release the Maletolt of fourty shillings upon a Sack of Wooll and doth grant for him and his heirs that he will take no such thing without the assent and good will of the Commons That word such doth not absolutely bind the Kings Prerog. that he shall lay no Imposition at all for it is to be intended such in quantity such in excess for foury shillings at that time was as much as six pound at this day which the scarcity of money in those dayes being considered and compared with the plenty of money at this day might then be said to be a great burthen and yet this strong band doth not bind K. Ed. 3. his Grand-child but that notwithstanding this Charter or Act of Parliament he took these things in greater quantities sometimes fourty shillings sometimes fifty shillings upon a Sack of Wooll when the Philistins came upon him that is when the Wars of France and other urgent occasions did presse him to it as to the other Article contained in the Act or Charter of 25 Edw. 3. where it is said the people did fear lest the Aids and Taxes granted of their good will to the King might turn to a bondage to them and their heires when the same in time to come should be found in the Rolls and the King did grant for him and his heirs That he would not draw such Ayds and Taxes into a Custome that Act in this point restraineth not the Kings Prerogative in setting Impositions upon Merchandizes for it speaketh only of Ayds and Taxes willingly granted by the people in Parliament therefore I marvell that this Article was ever objected or used as an argument against Impositions and whereas the King doth grant that such Ayds shall not be drawn into a Custome such words are usuall in the preambles of Acts of Subsidies where the grant is large and extraordinary viz. That it may not be drawn into an example that it may not be a president in future times and yet succeeding Parliaments have not forborn to grant as large Subsidies as formerly were granted Thirdly the Statute of 14 Edw. 3. cap. 12. doth rather maintain the Kings Prerogative in this case than any way impugne or impeach it for by that Law free passage is granted to all Merchants paying the Customes Subsidies and profits thereof reasonably due Now certain it is that all duties payable to the King for Merchandizes are of three kinds only Customes which are these ancient and certain duties wherein the Crown hath no Inheritance as is before expressed Subsidies which are granted by Act of Parliament and Impositions which are raised from time to time by the Kings Prerogative onely we find not a fourth kind and therefore the word Profits must needs be taken for Impositions Fourthly the Statue of 11 Rich. 2. Cap. 9. though it provide in expresse terms that no Imposition or Charge be layd upon Wooll Wooll-fells or Leather other than the Custome or Subsidy granted in that Parliament yet it saveth alwayes to the King his ancient rights this was as turbulent a Parliament as ever was holden in England and yet was the Kings Right acknowledged though the unruly Lords and Commons did in a manner force his Assent to limit his Prerogative at that time Lastly if these Acts had absolutely bound the Kings Prerogative and had been observed literally and punctually untill this time the King should onely have had at this day the Demi mark for our own Staple Wares and perhaps the three pence Custome for Forein Commodities and no more What an inconvenience what an absurdity had this been at this day when all Forein Princes have raised their Customes to an exceeding height when as I have noted before the necessary expences of the Crown are so much encreased when the prizes of all Commodities are so much enhanced when there is so great a plenty of money in this part of the World when the Kings Revenue within the Land is so much improved Is it fit that Duties payable for Merchandizes should stand at a stay and keep the old rates without augmentation CHAP. XXX The fifth Objection that Tonnage and Poundage were never taken but when the same was granted by Parliament FIstly it is objected That the Subsidies of Tonnage and Poundage were never taken by any King of England but when the same were granted by Act of Parliament which is an Argument say they that the King could never take those duties but by his absolute power for if his Prerogative could have imposed those rates of it self what need was there of an Act of Parliament why should the King have expected the consent of the Commons cum Dominus eis opus habet and when the Exchequor were so empty as the Jewells of the Crown were layd to pawn by some of those Kings who were glad
or to lay Impositions as the Emperor of Rome or Germany or any other King Prince or State in the world now have or ever had yet let it be truly said for the honor of the Crown of England That His Majesty that now is and all his Noble Progenitors have used and put in practice this Prerogative with more moderation and favor toward the people than any Forein State or Prince in the world have besides and that in three respects First the King of England doth make use of this Prerogative only in laying Impositions upon Merchandizes crossing the Seas upon such onely and not upon any other goods which are bought and sold within the Land neither doth he by his absolute power alone impose any Tax upon Lands or Capita hominum or Capita animalium or upon other things innumerable whereof there are strange presidents and examples both Ancient and Modern in other Countries Secondly the King doth not charge all Merchandizes crossing the Seas with this Imposition now in question for in the Letters Patent whereby the Imposition of twelve pence in the pound over and above the Subsidie of Poundage is laid and limited divers kinds of Commodities are excepted especially such as serve for food and subsistance of the Kings people for setting the poor on work for maintainance of Navigation and other things of like nature as before is declared Thirdly the Impositions which are laid by the Kings of England upon Merchandizes are not so high as the Impositions and Exactions set and taken by other Princes and States for the highest Imposition in Ireland is but twelve pence upon the pound or but a single Poundage which is but five in the hundred and is the lowest rate in Christendome at this day and in England there is added but twelve pence in the pound more which is but ten pound upon the hundred pound and yet divers sorts of Merchandizes as I said before are excepted and discharged of that Imposition of the second Imposition of twelve pence But on the other side let us see the practice of other Princes and States in laying Impositions and how far they have extended and strained their Prerogative in that point beyond and above the Impositions in England I will begin with the Romans when they had gained the Monarchy of the World so as all Kingly power did rest in their Emperor First Iulius Caesar laid the first Imposition upon Forein Merchandizes saith Suetonius peregrinarum mercinm portaria primus instituit and that Imposition was Octava rerum pars which was more by a fifth part than our highest Imposition in England for it is two shillings and six pence upon the pound Next Augustus Caesar about the time of our Saviours Birth sent out an Edict whereby he did tax all the world and this Tax was Capitatio or an Imposition super capita hominum though the quantity thereof doth not appear but the poll-money which our Saviour did pay and wrought a miracle it seemeth to be an high Imsition for the peeces of money taken out of the Fishes mouth which is called didrachma or stater is said to bee worth two shillings and six pence sterling which being given for himself and Peter da illis pro me et te shews that fifteen pence sterling was given for a Poll which must needs amount to an infinite thing if it were collected over all the World then subject to the Roman Emperor Tiberius the Roman Emperor who succeeded Augustus took the hundred part of all things bought and sold within the Empire which perhaps was an Imposition of greater value and profit than the other Caligula the Emperor layd an Imposition upon all Sutes in Law and took the fourth part of the value of the value of the thing sued for and set a pain upon the Plaintiff if he compounded or were Non-suted without his Licence He likewise imposed a number of Sesterâ—â— upon every Marriage contracted or made within the whole Empire Vespasian in meaner and more homelier matters took by way of Imposition a part of every poor Labourers wages and part of every Beggers alms he set likewise an Imposition upon Vrine and pleased himself with this Apothegm Dulcis odor lucri ex re qualibet Severus the Emperor did impose upon the dishonest gains of the Stews and took part of the Prostitutes there as the Bishop of Rome doth at this day all the Emperors before Trajan took the twentieth part of all Legacies and Lands descended as things which came unlooked for and as a cleer gain and therfore the Heirs and Legatories might easily spare a part to the Emperor and Nicephorus one of the Emperors of the East did not onely take sumaria tributa Smoke-money out of every Chimney but he layd an Imposition upon every mans Estate that grew suddenly rich upon a presumption that hee had found a Treasury which did belong to the Emperor by Prerogative With a little more search I might find out other Impositions of severall kinds set by the ancient Emperors upon the heads of Beasts upon the tiles of Houses and the like I might adde hereunto the Impositions set by Lotrain upon every pane of Glasse in Windows but these may suffice how high they strained and how far they extended their Prerogatives in this point of Impositions Secondly the Roman Empire being over-come by the Gothes and Vandalls and other barbarous Nations and thereby broken into Kingdomes and Free States their passed divers ages before these Monarchies could be well setled and before peace bred plenty and plenty bred civility and before Trade Traffique Comerce and Intercourse could be established between these States and Kingdoms and therefore while these States and Kingdoms were yet but poor and while there was a generall scarcity of Gold and Silver in these parts of the World and so for want of money there was but little Trade and Traffique among the people either at home or broad Kings and Princes did not neither could they make that use of their Prerogative in laying Impositions as they had done in those latter times since all Arts and Sciences have been encreased all Commodities improved and the Riches of the East and West Indies have been transported into this Hemisphere But now let us see whether the Kings and Princes of other Countries round about us at this day make not a far more profitable use of their Prerogatives in laying Impositions upon their people than the King of England doth albeit his Kingly power be full as large as any of theirs In France the most richest and ancientest of the Neighbour Kingdoms the Impositions not onely upon Merchandizes crossing the Seas but also upon Lands Goods persons of men within the Realm are so many in number and in name so divers as it is a pain to name and collect them all and therefore it must needs be a more painfull thing for the people of that Kingdom to bear them all La
and hath as many Prerogatives incident to his Crown whence then proceedeth it to what profitable cause may we ascribe it certainly to divers causes profitable and principally to these causes following First our King of England hath alwayes gone before and beyond all other Kings in Christendome in many points of Magnificency and especially in this That they have alwayes had a more Rich and Royall Demean belonging to the Crown I mean more large and Royall Patrimony in Lands and Rents than ever any Christian King had before or now hath at this day for it is certain that the Revenues of other Princes and States do principally consist in such Gabells Impositions and Exactions as are before remembred and not in terra firma not in such a Reall and Royall Patrimony as hath ever belonged to the Crown of England and therefore other Kings being lesse able to maintain their Estates or more covetous in their own Nature have laid heavier Burthens upon their Subjects than ever the King of England hath layd or will do or hereafter hath need to do God be blessed for it the Kings of England have had the Princes Portion spoken of before in 45 of Ezekiel and therefore they had no need so to oppresse the people Again we may ascribe this difference to the bounty and noble nature of our Kings that they would never descend to those poor and sordid Exactions which other Princes States do take of their Subjects Sordidum putandum est aurum quod ex lachrimis oritur as a good Counseller told Vespasian Again we may ascribe it to the wisdom and policy of our Kings who would never follow the Counsell of Rehoboams younger Counsellers boni pastoris est oves tondere non diglubere as Tiberius the Emperor was wont to say Odi hortulanum saith Alexander qui ab radice olera excindit qui nimis emergit elicit sanguinem saith Solomon they well considered that the money levied by Taxes and Impositions is the blood of the people which is not to bee let out in any great quantity but to save the life as it were of the Common-wealth when she is sick indebted and in great danger Again it may be ascribed to their Piety and Religion which moved them to follow the counsell of the Divine Rule Deut. 17 where the King is warned not to multiply upon him much Gold and Silver for that indeed there doth seldome come good by great Treasure heapt up by a great Prince for it doth but nourish Pride and Ambition in him and stir him up many times to make an unjust Warre upon his Neighbours or if he leave it unto his Successers it makes them luxurious and vitious which draweth with it sometimes the ruin of the kingdome sed optimus certissimus thesaurus Principis est in loculis subditorum saith the learned Buterus in his Book against Machiavill let the King saith he have a care to maintain Religion and Justice and Peace in his Kingdom this will soon bring plenty with a continuall increase and make a rich and wealthy people then shall the King never want money to serve his just and necessary and honourable occasions for it is impossible the Soveraign should be poor when the Subjects are rich and untill occasions do arise the Coffers of his Subjects will be his best Exchequer they will be his Treasurers they will be his Receivers his Tellers without fees or wages no bad Accomptant shall deceive him nor no Bankrupt Officer shall deceive him they will keep the Treasure of the Kingdom so frugally as no Importunate Courtier shall be able to withdraw the same from a Prince but that it shall still remain in store to supply the necessities of the Common wealth Lastly our Kings of England in their wisdoms well understood the natures and dispositions of their people and knowing them to be a free generous and noble Nation held them not fit to be beaten with Rehoboams Rod esteemed them too good to be whipt with Scorpions and therefore God be blessed we have not in England the Gabeller standing at every Towns end we have not a Publican in every Market we pay not a Gabell for every Bunch of Reddish or Branch of Rosemary sold in Cheap-side we have none of those Harpies which do swarm in other Countries we have no complaining in the streets as is said in the 144. Psalm and therefore I may well conclude with the conclusion of that Psalm Happy are the people that are in such a case blessed is the people that have the Lord for their God above in Heaven and King Iames for their King here upon Earth FINIS These Books following are printed for Henry Twyford and Partners and are to be sold at his Shop in Vine-Court Middle Temple THe Compleat Attorney or the Practick parâ— of the Law A Learned Treatise of Wards and Liveries by Sir Iames Ley Knight The Life of the Apostle St. Paul Soliloquies Meditations and Prayers of St. Bonaventure The discontented Collonel by Sir Iohn Sucklin The European Mercury The humble Remonstrance of Sir Iohn Stawell Hebdomada Magna or the great Week of Christ's Passion Sir Robert Brooks Reading on the Statute of Limitations Kitchens Jurisdictions of Courts Leet Courts Baron c. Rich. Brownlow Esq Prothonotary to the Court of Common Pleas Reports the first and second Part. His Declarations and Pleadings English Judiciall Writs Plowdens Abridgment Abridgment of Lord Cook's Littleton Abridgement of Pulton's Statutes at large by Edmund Wingate Esq The Books of the drawing up of all manner of Judgments The Body of Law by Edmund Wingate Esq The Marrow of Law or the second part of the Faithfull Counsellor Office and duty of Executors in 8. Lay-mans Lawyer or the second part of the Practick part of the Law A Commentary on the Original Writs by William Hughes Esq Stevenson's Poems The Anabaptists Anatomised in a Dispute between Mr. Crag and Mr. Tombesâ— 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 Iustinian Doct. Stud. 1. lib. cap. 2. Baldus Baldus Strabo Iustinian halicar. lib. 3. Bracton stampford prà rogat Regis fol. 37. 6. 19 E. 4. 6. 37 E. 6. 20 11 H. 4. Com. 316 7 E. 4.19 3. R. 3. 2. Magna Charta cap. 30. Vlpian 13 Edw. 4. 9 10. Reg. fol. 135. F. N. 117. D. F. N. 117. D. 2 E. 3. Regist. 259. a. Bodin Register 122 6. 46. Hen. 3 Rot. Pa. 3. E 1. m. 19. in Archis turris London 3 Edw. 1. 27 E. 3. Cap. 2. Cicero 13 E. 4. 9. Lex Civilis Cicero offic. li 2. Bodin de repub. li 2 cap. 8. Bodin Stephen King of Spain Pope Eluther 1â— R. 2. Chopinns Rhodians The Canon Law Decret. causae 24 Quaest. 3. Canonists Poll-money St. Paul Fortescue 1 H. 7. fol. 23. 3 Edw. 1 pat m 21 F. N. 170 D. Register of Writs fol. 107. Custome and Toll Strabo 38 H. 8. Dyer 43. Edw. 1. Edw. 2. Edw. 3. Bates case de Currans in Sccio per Flemâ—ing chief Baron 3 Edw. 1. 3 Edw. 1. Rot. fin memb. 24. Statute 25 E. 1. Dyer 29. 30 H. 8. 43. 31 Ed 3. 60. 27 E. 3. Prizage and Butlerage 52 H. 3. 31 Ed. 1. Gauger Alneger 14 Ed. 2. Customer Comtroller Searcher 25 E. 1. 3 Ed. 2. 11 E. 2. The Writ to his Collecttors of his Customs Collectors of his Customs Raimundus Lullius 1 Ed. 1. Rot. fin m. 30. in Archivis Turris Le Records 17 Ed 3. Rot. 308. in Sccio Angliae c 12 Ed. 3. Rot. Almaniae pars 1. numb. 3. 31 Ed. 3. Rot. Parl. numb. 24. 13 Ed. 1. 14 Ed. 3. Staple at Callis E. 3. R. 2. H. 4. H. 5. Dyer 165 12 Eliz. 12 Eliz. Letters Patents 28. Iuly 6. Iac. Bodin lib. 6 de repub. ca. 2. Caligula Appian Cicero 12 Ed. 4. cap. 5. Virgil Plin. lib. 19. cap. 4. Tempore Edw. 3. 2 Edw. 1. 2 Edw. 3. 10 Ed. 3. 17 Hen. 4 Matthew Paris Histor. Magna p. 568. 10 Hen. 7. Stow. Fitz Avowry 192. 6 Rich. 2. protection 46 Rot. Scotiae nu 16 in Arch Turris Gen. 1. Baldus Strabo stampford 19. Ass. p. 6. 22. Ass. p 93. 22 Ed. 4. 4 Edw. 3. 21 Ed. 3. 16 Ri. 2. 17 Hâ— 6. Tempore Henry 8. The K. of Spain's Imposition in An. 1614. Magna Charta cap. 30. 46 Ed. 3. 1 Edw. 3. Anno 40. Elizabeth Object 1. The Answer to the 1. Object Object 2. The Answer to the 2. Object Solomon Henry 7. Poeta Object 3. 3 Edw. 2 5 Edw. 2. 13 Ed. 3. 14 Ed. 3. 12 Ed. 3. 18 Ed. 3. 22 Ed. 3. 13 Ed. 3. Lord Latimer Richard Lions I. Peachy 50 Ed. 3. Rot. Parl. numb. 33. 50 Ed. 3. Rot. Parl. num 191. in Arch. Turris Dyer 1 Eliz. fol. 165. The Answer to Object 3. 5 Edw. 2. Senatus Rome Solomon Iulius Caesar Augustus Caesar Edw. 1. Edw. 3. Nero Edw. 2. Rich. 2. Petitions are of divers kinds have divers Answers Mayle 〈…〉 3 Kings cap. 12. 14 Ed. 3. cap. 12. Anno 29 Ed. 3. 6 Edw. 3. Rot. Parl. nu 4. 13 Edw. 3. Rot. Parl. numb. 5. 18 Ed. 3. Rot. Parl. nu 10. 26 in Arch. Turris 28 Ed. 3. Rot. Parl. numb. 27. 38 Ed. 3. Rot. Parl. numb. 26. 6 Edw. 3. Rot. Parl. numb. 4. Lions case 50 Ed. 3. Rot. Parl. nu 17 18. Lord Latimers ease Peachies Case 1 Eliz. Dyer fol. 165. Object 4. The Answer to the forth Object Dyer 44. Statute of Northampton 2 Edw. 3. Object 5. The Answer to the 5. Object Ed. 4. Iulius Caesars Impositions Tiberius the Roman Emperor Caligula Vespasian The Imposition of France The Spanish Impositions Gutturis degabellis Quaest. 174 The D. of Tuskanies Impositions The Impositions by the Pope Sixtus Quintus The Impositions of the Seigniory of Venice Baltholus Baldus The Impositions of the Low countries The Impositions of the Grand Seignior of Turkie The Impositions of Denmark Ezek. 45. Solomon Deut. 17. Buterus contra Machiavill Psa. 144
from the Interest the King hath in the parts of the Kingdom and the custody thereof which giveth him power to shut and open the same at his pleasure Again all the Ports of the Kingdome are the Kings not onely the Cinque-Ports which have a special Warden appointed by the King but the rest of the Ports are also his and many of them bear a mark of the Kings Inheritance in their Additions as Linn Regis Waymouth Melcombe Regis Pool Regis for the King is Custos totius Angliae Regni as the four Seas are the Walls of the kingdom so the Havens and Creeks are the Gates and Posterns of it They are Ostia they are Ianua Regni and we find two Ports in Italy called by those names the one at the mouth of Tiber the other corruptly called Genoa but the true name thereof is Ianua And as the Havens are Ianua Regni the King himself is Ianus and hath power to open and shut them at his pleasure Omnia sunt nostra clausa patentque manu Saith Ianus in the Poet And again Modo namque Patulchus idem modo sacrifico Clusius ore vocor The King of England hath ever had this Prerogative incident to his Crown to shut and open the Ports when it pleased him as appeareth by many Records especially by the Parliament Rolls in the time of King Edw. 3. wherein are found many Petitions that the Sea might be open which during that Kings time was often shut by virtue of his Prerogative only and never fully opened again but when the King layd an Imposition upon Merchandizes And this Prerogative of Custody of the Ports and of shutting and opening the same is reserved unto the Crown upon an excellent reason For Trade and Comerce is not fit to be holden with all persons neither are all things fit to be imported or exported For such persons as are enemies to the Crown come to discover Arcana Regni such persons as come to corrupt Religion or the manners of the people such persons as under colour of Merchandizes come to set up Monopolies or a dry Exchange to drain or draw away our commodities or money out of the Kingdom are not fit to enter in at the Gates of the Kingdome And again such commodities as the kingdom cannot spare as Corn in time of dearth and such as may advantage our Enemies and hurt us in time of Warre as Horses Armor Gunpowder c. are not fit to be exported out of the Realm And Poysons Heretical books and other things which are apparently hurtfull to the people are not to be imported and therefore the Prerogative of opening and shutting the Ports is accompanied with another absolute power of stoping and imbarring of Trade Comerce sometimes generally sometimes between us and particular Nations and sometimes for particular Merchandizes only whereof there are many presidents and examples both in Records and Histories of our Nation 2 Edw. 1. Rot. Parliament m. 18. in Archivis Turris 2 Edw. 3. Rot. fin m. 17. ibid. 10 Edw. 3. Chaunc m. 3. in dorso ibid. 17 Hen. 6. Sccio Angliae Matthew Paris Hist. magna p. 568. 10 Hen. 7. Stow. And this Prerogative of imbarring Trade doth result out of the undoubted Prerogative which the King hath to make Peace and War with Forein Nations for open War is no sooner denounced but all Trade of Merchandize is stopt and imbarred between the Nations which are ingaged in the Warre durante bello inter Reges Christianos merces quascunque exportare vetamur ne Regni arcana scrutentur saith a Doctor of the Imperiall Law whereupon wee make this Argument That since the King hath absolute power of shut the Ports and stop Trade it standeth with as good reason that he shold have the like power to lay reasonable Impositions upon Merchandizes for opening of the Ports and for giving of freedome of Trade again he that may doe the more may doe the lesse Non debet ei cui id quod majus est id quod minus est non licere saith the Rule of the Law hee that may prohibit Merchants not to Trade or passe may dispence with that prohibition and give them leave to go and Traffique sub modo Again the King of England is Dominus Maris which floweth about the Island as divers ancient Books and Records do testifie as Fitz Avowry 192. 6 Rich. 2. protection 46. Rot. Scotiae m. 16. in Arch. Turris And he is Lord of the Sea not only quoad protectionem jurisdictionem sed quoad proprietatem and this is our Neptunes trident for God gave unto man as well the Dominion of the Sea as of the Earth where it is said Gen. 1. replete terram subjicite eam dominamini piscibus maris c. and in Psal. 8. Omnia subjecit pedibus ejus Pisces maris quicquid perambulat semitas maris And therefore Baldus affirmeth de jure Gentium distincta esse dominia in mare sicut in terra arida and again mare attribuitur terrae Circunstanti Hence it is though there be but one Ocean in resepct wherof the whole Earth is quasi insula saith Strabo yet is there Mare Gallicum Sardicum Creticum AEgypticum oceanus Britanicus Germanicus c. which particular names do note a propriety in the Princes and States who are Lords of the Land adjoyning Hence it is that our Common Law doth give unto our King all the land which is gained from the Sea which Stampford in the Book of the Kings Prerogative doth affirm to belong to the King de jure Gentium quia Mare seu particula Maris est de Territorio illius Civitatis vel Regni cui magis appropinquat saith one learned Doctor Mare se extendit cum aquae sint mensurabiles saith another hence it is that all navigable Rivers as the River of Thames and the River of Lee and divers others are called in our Books the Kings Streams 19. Ass. p. 6. Dyer 117. a. because such Rivers are arms of the Sea so far as the Sea doth flow in them 22. Ass. p. 93. and lastly hence it is that by the Common Law the King may prohibit all Subjects whatsoever to passe over the Seas without his licence and to that end in 22 Edw. 4. the King commanded the Warden of the Cinque Ports and the Bailifs of all other Ports of the Kingdom that they should not suffer any Man Ship or Boat to passe beyond the Seas quousque Rex illud mandaverit and the like Commandments were given 4 Edw. 3. 21 Edw. 3. 16 Rich. 2. 17 Hen. 6. If therefore the King hath such an absolute Interest in the Ports and in the Sea and in all Navigable Rivers wherein the Kings Ports are situated for the main part why should he not have the like absolute power to limit and prescribe unto
tallie le tallon les aids les aquavalentas les equi pollentes les cruces or augmentations of divers kinds le hop benevolence la Gabelle upon Salt amounting to an exceeding great Revenue the Impost of Wines upon every Vessell carried into any walled Towns or Suburbs thereof and payable although it be transported thence again before it be sold la hault passage or de maine forrein for Merchandizes exported le traject forrene for Merchandizes imported la solid de Cinquants mil holmes imposed upon Cities walled Towns and the Suburbs onely and after layd upon Town and Country without distinction the common positions for provisions the tenthes paid by all Ecclesiasticall persons These and other Impositions of the like nature are layd and levied upon the Subjects of France by the absolute power and Prerogative of the King and though many of these were imposed at first upon extraordinary occasions and set but for a time yet the succeeding Princes have continued them from time to time and the most part of them made ordinary and perpetuall by King Lewis the 11. who was wont to say France was a Meadow which he could have mowed as often as he pleased In Spain there is an Imposition named Alcavala imposed as well upon the Nobility as the Commons which was first raised by Alphonsus the 12. to expell the Mores and for the expurgation of Algiers but afterwards it was made perpetuall and is now a principall part of the Royall Patrimony Gutturis de Gabellis Quaest. 174. this Imposition was at first but the twentieth part but afterwards it was raised to the tenth of every mans Estate which doth far surmount the highest Impositions that ever were layd in England by the Kings Prerogative without Act of Parliament This Alâ—avali is an Imposition within the Land but the Impositions upon Merchandizes exported and imported are far higher especially upon Merchants Strangers for their common Impositions upon Strangers is five parts upon the hundred and in the year 1604. they imposed thirty of the hundred as is before declared and upon the Ingate of Indian Spices into Portugall the King of Spain doth lay the greatest rates that ever were set in Christendome although upon the outgate the rates are more moderate In Italy the Impositions and Gabells set upon every kind of thing by the States and Princes there are intolerable and innumerable Non mihi si Centum Linguae sunt or aque Centum Ferrea vox Italorum omnes numerare gabellas Cunct a gabellarum percurrere nomina possem Especially upon the great Towns and Teritories that are subject to the Great Duke of Tusknie where there is not any roots nor any herb nor the least thing that is necessary for the life of man that is bought and sold or brought into any Town but there is a Gabell or Imposition set upon it where no Inholder Baker Brewer or Artificer can exercise his Trade but the Great Duke will share with him in his gain by laying some Imposition upon him where no man can travell by Land or by Water but at every Bridge at every Ferry at every Wharf or Key at every Gate of a Town the Garbellor arrests him and is ready to strip him naked to search what goods he hath about him for which he ought to pay the Garbell In the Popes Territories the Impositions which His Holinesse doth lay upon his Subjects as a Temporall Prince are as many and as heavy as those that are levied by the Duke of Tuskanie in so much as when Sixtus Quintus had set an Imposition upon every thing that served for the use of mans life Pasquill made hast to dry his Shirt in the Sun fearing the Pope would set some Imposition upon the heat of the Sun mi astingo saith he in the 16. sole sevenda I omit to speak of the Exactions of the Court of Rome in another kind which are infinite and which long lay heavie upon the Western Countries of Christendome untill of late years some Nations did free themselves thereof by rejecting the Yoke of the Bishop of Rome In the Seigniory of Venice the Gabells upon the Land were more moderate than in the other parts of Italy But that City being the Lady of the Adriatique Sea doth use by prescription a high Prerogative in laying Impositions upon all Merchandizes arriving within the Gulf Civitas Venetiorum saith Baltholus potest pro maritmeis mercibus Gabellas imponere quia est Civitas in Mari situata Veneti saith Baldus ex consuetudine sunt domini maris Adriatici possunt statuere super Gabellis maris wherein they observe a profitable and politique course for upon the Commodities of other Nations which are of goods in their Common-wealth they lay the easier Impositions sometimes five sometimes seven sometimes ten upon the hundred which doth exceed the highest Imposition in England five in the hundred at the least In the Low Countries the Impositions which they call Exeizes paid by the Retaylors of Wines and other CoÌ„modities 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 coÌ„modities in to their hands if any Merchant will export the same again hee shall pay a greater Custome The Grand Seignior of Turkie doth impose sometimes ten in the hundred sometimes twenty in the hundred upon Merchant Strangers who Trade into the Levant and I could speak of his other Exactions and Impositions upon his Vassalls but that I think it not meet to compare that Regions Tyrant to the Princes and States of Christendome I may remember at last the Great Toll which the King of Denmark taketh of every Ship that passeth into the Sound taking advantage of a narrow Straight between Elsmore and Copman Haven whereas the King of England being the undoubted Lord of the Narrow Seas between Dover and Callis might take the like Toll if it pleased him and by the same right might participate of the great gain of Fishing which the Busses of Holland and Zeland do make yearly upon the Coasts of Great Britain Thus we see by this comparison that the King of England doth lay but his little Finger upon his Subjects when other Princes and States do lay their heavy loins upon their people what is the reason of this difference from whence commeth it assuredly not from a different Power or Prerogative for the King of England is as absolute a Monarch as any Emperor or King in the world