Ius Imponendi Vectigalia: OR The Learning touching CUSTOMS, Tonnage, Poundage, And Impositions on MERCHANDIZES ASSERTED; As well from the Rules of the Common and Civil Law, As of general Reason and Policy OF STATE. By Sir JOHN DAVIS Knight, &c. The Second Edition. LONDON, Printed for Henry Twyford in Vine-Court Middle Temple, MDCLIX. TO THE King's Most Excellent majesty. THis Question, SIR, Concerning your majesty's Prerogative in laying Impositions upon 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 employ their best learning in the discussing thereof. For my part, though I find myself unable to handle this Noble Question, as the weight and worthiness 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 fortress in the defence of this Prerogative; and sure I am, that if your majesty will vouchsafe to cast your eye upon these Collections, that your judgement will make a far better use and application thereof, than I who have gathered the same, can possible do; these little sparks of knowledge being taken into your majesty's consideration, will 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 majesty's hand will become a sceptre. I have only like the poor Indian, digged up the oar of Mine, which being brought into the King's Mint, and refined there, becomes part of the royal Treasure. For the Argument itself, it will hardly receive any Ornament, Ornari res ipsa negat, contenta doceri. The best light I can give it, is Lucidws ordo, by breaking it into Capita rerum, and casting it into a plain and natural method; it is somewhat long, and in Multiloquio non deest peccatum, saith Solomon; it is also mixed with some reasons of State, wherein a common Lawyer may easily make a Solaecism; yet such as it is, my zeal to advance your majesty's Service hath moved me to present it to your Majesty, with all humbleness, and with some hope, that this dutiful pains shall purchase a pardon for the errors therein committed, By your majesty's unprofitable Servant and humble Subject, John Davies THE CONTENTS Of this BOOK. CHAP. I. THe Exposition and meaning of certain words, which do show 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 traffic and commerce is a principal subject of that Law, and that it giveth power unto all Kings to take customs and Impositions upon Merchandizes, and that the Crown of England hath many Prerogatives annexed to it by the Law of Nations, of which our Common Law taketh notice, and doth admit and approve the same. 4 CHAP. III. Of the Law Merchant, which is a branch of the Law of Nations, and how it differs from our Common Law; and how in the judgement of our Law, Merchandizes do differ from other Goods & Chattels which do not cross 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 jurisdiction 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 England's 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 municipial Laws or Common Law of England. 27 CHAP. VII. Of the King's Prerogatives in general, and that the same do consist in certain special points or cases reserved to the absolute power of the Crown; when the Positive Law was first established, and that the Common Law of England doth acknowledge and submit itself to those Prerogatives 29 CHAP. VIII. Of the King's Prerogative in the ordering and governing of all Trade and traffic in Corporations, Markets, and Fairs within the Land, and the Common Law doth acknowledge this Prerogative, and submit itself 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 traffic in Markets an Fairs within the Land, and of the difference between custom and Toll by the rules of the Common Law. 38 CHAP. X. Of the ancient duty called custom, payable for our principal Commodities exported, and that it was originally an Imposition. 41 CHAP. XI. Of the ancient duties called Prizes, taken out of foreign goods imported, except Wines, and the petty-customs of three pence of the pound were accepted by King Edw. 1. in lieu of Prizes. 46 CHAP. XII. Of the ancient customs payable for Wines, called Prizoge and Butlerage. 50 CHAP. XIII. Of the ancient Officers which our Kings have created by virtue of their Prerogatives, to search and oversee all sorts of Merchandizes, and to collect the duties payable for the same. 52 CHAP. XIV. Of other Impositions, besides the ancient customs before mentioned, laid upon Merchandizes, by several 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 customs 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. until 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 sovereign Lord King James hath by virtue of the same Prerogative, without Act of Parliament, laid 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 King's Prerogative in laying Impositions upon Merchandizes, and the soveral Answers thereunto. 94 CHAP. XXIII. The Answer to the first Objection. 96 CHAP. XXIV. Of the second Objection touching the uncertainty and unbounded largeness of this Prerogative. 99 CHAP. XXV. The Answer to the second Objection. 101 CHAP. XXVI. The third Objection, touching the repeal of Charta Mercatoria by King Edw. 2. and the remit all of divers Impositions by King Edw. 3. upon sundry Petitions of the Commons in Parliament, and the punishment of divers Persons in Parliament for procuring Impositions to be set up. 106 CHAP. XXVII. The Answer to the third Objection. 110 CHAP. XXVIII. The fourth Objection, that the Prerogative is bound or taken away by divers Acts of Parliament. 129 CHAP. XXIX. The Answer to the fourth Objection: 131 CHAP. XXX. The fifth Objection, that Tonnage and Poundage were never taken, but when the same was granted by Parliament. 140 CHAP. XXXI. The Answer to the fifth Objection. 141 CHAP. XXXII. The Conclusion. 146 CHAP. XXXIII. A Comparison of the Impositions set and taken in England, by the King's Prerogative, with the Exceptions and gabelles in foreign States and Kingdoms, whereby it will appear, that the Subjects of the Crown of England, do not bear so heavy a burden by many degrees, as the Subjects of other Nations do bear in this kind. 147 AN ARGUMENT UP ON The Question of Imposition, digested and divided into sundry Chapters; by one of His majesty's learned Counsel in IRELAND. CHAP. I. The Exposition and meaning of certain words, which do show the true state of the Question. THe Question itself is no more than this, Whether the Impositions which the King ●f England hath laid and levied upon merchandise, by virtue of his Prerogative only, without Act of Parliament, be lawful or warranted by the Law of England. By the word Imposition, we mean only such rates or sums of money as the King by Letters Patents, under the Great Seal of England or Ireland, hath set upon Merchandizes imported and exported, and commanded the same to be paid and levied to His majesty's use, over and above the customs and Subsidies formerly due and payable for the same Merchandizes. By the word Merchandizes, we mean only such goods or Merchandizes as are transported over the Seas, from one Realm or Dominion unto another, to be sold or exchanged for reasonable gain or profit; for upon the ingate or outgate of Commodities so crossing the Seas only; customs, Subsidies, and Impositions for Merchandizes are paid and taken, and not for any Commodities carried too and fro by Sea and Land, within one and the same Realm and Dominion. By the Law of England, we understand not only our customary Common Law, and our Statutes of England, which are Native and peculiar to our Nation only, but such other Laws also as be common to other Nations as well as us; have been received and used time out of mind by the Kings and people of England in divers cases, and by such ancient usage, are become the laws of England in such cases; namely, the general Law of Nations, and the Law-Merchant which is a branch of the Law, the Imperial or Civil Law, the Common or Ecclesiastical Law, every of which Laws so far forth as the same have been received and used in England, time out of mind, may properly be said to be the Laws of England. CHAP. II. Of the general Law of Nations, or Jus Gentium, and the force thereof in all Kingdoms, that traffic and commerce is a principal subject of that Law, and that it giveth power unto all Kings to take customs and Impositions upon Merchandizes, and that the Crown of England hath many Prerogatives annexed to it by the Law of Nations, of which our Common Law taketh notice, and doth admit and approve the same. JUs Gentium, or the general Law of Nations is of equal force in all Kingdoms, for all Kingdoms had their beginning by the Law of Nations; therefore it standeth with good reason that the Law of Nations should be of force, and of like force in all Kingdoms; and for this cause in the realm's subject to the Crown of England, the Law of Nations also is in force in such cases, especially wherein the King himself, or his Subjects, have correspondence or commerce with other Nations who are not bound in those cases by the municipal Laws of England. Omnes populi (saith Justinian) Justinian qui legibus & moribus reguntur, partim suo proprio, partim communi omnium hominum jure utuntur: nam quod quisque populus ipse sibi Ius constituit id ipsius proprium Civitatis est, vocaturque jus civil; quod vero naturalis ratio inter omnes homines constituit, id apud omnes homines plerumque custoditur, vocaturque Jus gentium, quasi quo jure omnes gentes utuntur; and in the same place it is said, Ius Gentium omni hominum generi commune est, & exhoc Iure Gentium omnes pene contractus introducti sunt, ut emptio, venditio, locatio, conductio, societas, depositum mutuum, &c. And with this agreeth our Doctor and Student, lib. 1. cap. 2. Dict. & Stud. 1.lib.cap.2. where it is said, that Trade and traffic is by the Law of Nations; so that Commerce, Trade, & traffic for merchandise, between the people of several Nations and Kingdoms, is a principal subject of the Law of Nations; and therefore to that question that hath been made in England, Whether the ancient customs payable for Merchandizes, did first grow due by our customary Common Law or Statute Law of England? Why may I not answer, that neither the Customary Law, nor the Statute Law of England, but the general Law of Nations did first give these duties unto the Crown of England? For as the Law of Nations was before Kings, for Kings were made by the Law of Nations, Ex jure Gentium Reges originem traxerunt, saith Baldus; Baldus. So Kings were no sooner made by the Law of Nations, but presently the same Law, cum creatus fuerit Rex ei omnia regalia conceduntur, & competit omnibus Regibus jus imponendi quantum habet Begalia, saith Baldus, Baldus. Vectigalia introduct a sunt à jure, &c. which is the Law of Nature or Nations, Ideo non otiosased favoralia, saith another Doctor, did annex this Prerogative to their several Crowns, Vectigalorigine ipsa jus Caesarum & Regum partimoniale est, saith another, Inhaeret Sceptro saith another; and therefore when our ancient British Kings took up customs for Merchandizes transported into France, as Strabo Strabo. writeth, Britanni vectigalia tollebant gravia earum rerum quas brevi trajectu in Galliam importabant; Shall we presume they did it by Act of Parliament? no, for doubtless they did it by virtue of this Prerogative given unto them by the Law of Nations; for Kings upon their first institution did greater things than this, by their Prerogative, without the consent of the people, Vetusissima coronae jura ex singulari Regum decreto primitus orta, saith a learned Doctor; and at first saith Justinian, Justinian Arbitria Regum prolegibus fuere, and so saith Halicarnassus, lib. 3. halicar.. lib.3. Cicero offic. lib. 2. And truly as customs and Impositions taken upon importations of Merchandizes, being most properly called Vectigalia, à mercibm evectis & invectis, are the most ancient duties payable to the King; so are the same grounded, saith Bodin, upon the greatest reason and equity in the world, quid est enim rationi & aequitati magis consentaneum quàm & is qui in nostro territorio & ex nostris questum facit principi nostro cujus permissu & sub cujus protectione negotiatur aliquod perdat & presolvat? And this common reason and equity which is the ground of these duties payable for Merchandizes, what is it else but the Law of Nations? which is nothing else but that which common reason hath established amongst all men for the common good of all men, and which all Nations have received and embraced for their mutual benefit and commodity. Neither is this the only Prerogative which the King of England hath by the Law of Nations, habet & Rex in regno suo (saith Bracton) Bracton. alia privilegia de jure Gentium propria, viz. Soreceum maris thesaurum insentum grossos pisces, & balenas & sturgiones Wavias', &c. huiusmodi de jure Gentiune pertinent ad Coronam, saith Stampford Prerogativa Regis, fol. 37. 6. add hereunto the absolute power of the King, to make War and Peace, League and Truces, to grant safe Conducts, to pardon all Offenders, to distribute all degrees of Honour, and the like, wherein the King hath sole and absolute power, Merune imperium & non mixtum, and which Prerogative is as ancient as the Crown, and incident to the Crown by the Law of Nations. stampford pràrogat. Regis fol. 37.6. Lastly, for the proof that our Common Law doth acknowledge and prove the Law of Nations in most of these cases. The Book 19 Edw. 4. 6. 19 E. 4.6. doth approve the King's absolute power in making War, Peace, and Leagues; and in 37 Edw. 6. 20. 37 E. 6.20 That part of the Law of Nations, whereby the High Constable and marshal of England, do proceed in their Courts of War, and chivalry, is called the Law of the Land. We find also the Kings sole power in 11 Hen. 4. 11 H. 4. Rot. Parliament. in Archivis turris London, for coining of Money; we have the case of Mines, Com. 316. Com. 316 for safe conduct of Merchants, and stop of Trades, tempore guerrae, and Letters of reprisal we have 7 Edw. 4.19.2 R. 3.2. Magna Charta cap. 30. 7 E. 4.19.3 R. 3.2. Magna Charta. cap.30. and the Register wherein we find Writs of reprisal. CHAP. III. Of the Law Merchant, which is a branch of the Law of Nations, and how it differs from our Common Law, and how in the judgement of our Law; Merchandizes do differ from other Goods & Chattels which do not cross the Seas, and how the Common Law and Statute Law of England do admit and allow of the Law Merchant. MErcaturavel Societas Mercatorum est magna Respublica (saith Ulpian) Ulpian and therefore that commonwealth of Merchants hath always had a peculiar and proper Law to rule and govern it; this Law is called the Law Merchant, whereof the Laws of all Nations do take special knowledge; first both the Common Law and Statute Law of England do take notice of the Law Merchant, and do leave the causes of Merchants and Merchandizes to be decided by the rules of that Law; for what saith the Book of 13 Edw. 4.9, 10? 13 Edw. 4.9,10. A Merchant Stranger made suit before the King's Privy council, for certain bails of silk feloniously taken from him, and it was moved that this matter might be determined by Common Law, unto which motion the Lord Chancellor doth there answer; This suit is brought by a Merchant, who is not bound to sue according to the Law of the Land, nor to tarry the trial of twelve men, nor other solemnity of the Law of the Land; albeit, the King hath jurisdiction of him within the Realm, and may cause him to stand to his Judgement, yet this must be according to the Law of Nature, which some call the Law Merchant, which is a Law universal throughout the word; these are the words of that Book, & it is there resolved by all the Justices, That if the Merchandizes of such a Merchant stranger, be stolen and waved by the Felon, the King himself shall not take those Merchandizes as waifs, though in that case the goods of another person were lost by the Common Law of England. Doth not this case make it manifest, that in the judgement of our Common Law, Merchandizes that cross the Seas, are goods of another nature, quality, and consideration, than other goods and Chattels which are possessed within the Realm, and do not cross the Seas? This learning is not common in our Books, and therefore I think it meet to exemplify this difference with more cases in this point. If two Merchants be joint-owners, or Partners in Merchandizes, which they have acquired by a joint-contract, in this case the one shall have an Action of Account against the other, die legem mercatoriam, saith the Register, fol. 135. and F. N. 117. D. Reg. fol.135. F. N.117. D. and yet by the rule of the Common Law, if two men be jointly possessed of other goods which are not Merchandizes, the one shall not call the other to account for the same. Again, if two Merchants have a joint Interest in Merchandizes, if the own die the Survivor shall not have all, but the Executor of the party deceased, shall by the Law Merchant call the survivor to an account for the moiety F.N. 117. D. F. N.117. D. whereas if there be two joints of other goods which are not Merchandizes, the Survivor shall have all, per jus accrescendi, even by rule of the Common Law. Again, in an Action of Debt, upon a simple Contract which is without Deed in writing, the Defendant by the Common Law may wage his Law, that is, he may bar the plaintiff of his Action by taking an Oath that he doth not owe the Debt nor any part thereof, and yet in Itin. Derby 2 Edw. 3. 2 E. 3. John Crompton Merchant, upon a Contract without Deed, the Defendant would have waged his Law, but was not permitted so to do, and so Judgement was given against the said Defendant. Again, the goods of Ecclesiastical persons are discharged of Toll by the Common Law, si non exerceat Marchandizas de eisdem, saith the Register, 259. a. Regist. 259. a. for than their goods are charged, being now become goods of another nature, when the same are turned into Merchandizes; so are the goods of the French Nobility discharged by gabelles and Impositions if they traffic not, but if they traffic, saith Bodin, Bodin. their goods are charged like other Merchandizes. Again, for goods wrongfully taken within the Land, the Common Law giveth remedy against the Trespasser, or the wrongful Taker only; but if an English Merchant be spoiled of his Merchandizes upon the Sea, or beyond the Sea, by the Subject of another King, the Register doth give him a Writ of reprisal against all the Subjects of that Nation, Regist. 122. 6. and 46 Hen. 3. Register 122 6. 46 Hen. 3 we find a more brief cause of Justice, for there the King in respect of the loss which certain Merchants of London had sustained, by an arrest made of their goods, made by the Countess of Flanders, doth grant unto them all the Merchandizes whereof the Flemings were possessed in England, Rot. Pa. 3 E.1.m. 19 in Archivis turris London: Rot. Pa. 3. E: I.m. 19. in Archis 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. 3 Edw. 1. the Lord Mayor of London, and Bailiffs of Southampton, are commanded by the King's Writ, Quodomnes Mercatores Londienses ad partes Angliae accedentes per bona & catalla sua distrin guantur sed in legem mercatoriam & consueti dinem Regni ad satisfaciendum Mercatoribus Florentinis de pecuniis ipfi mutuo tradiderunt Willielmo Episcopo Leodiensi. Here we see that Lex mercatoria, which doth apparently differ from the ordinary Common Law of this Kingdom, is said to be Consuetudo Regni. And lastly, in a suit at the Common Law no man's Writing can be pleaded against him as his Act and Deed, unless the same be sealed and delivered; but in a suit 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 only 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. 27 E. 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 coming to the Staple, should be ruled according to the Law of Merchants touching all things coming 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 reprisal, 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. Until 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 marvel, England being so rich, and entertaining traffic 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 principal 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 customs 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 universal and one and the same in all Countries in the World, for as Ciccro Cicero saith of the Law of Nations, Non orit alia lex Romae, alia Athenis, alia nune, alia posthac, sed & omnes gentes & omni tempore unalex eademque perpetua continebit, &c. So may we say of the Law Merchant, there is not one Law in England, another in France, another in Spain, another in Germany, but the same rules of reason, and the like proceedings of the Law Merchant are observed in every Nations; for as our Chancellor of England affirmeth, 13 E. 4. 9 13 E. 4.9. That the proceedings of the Law Merchant ought to be according to the Law of Nature, which is universal; so say the Civilians of several Nations. The Italian Doctor saith, In curia mercatorum naturalis aequitas praecipue expectanda, & ex aequo & bono causas dirimendas esse; The French man saith, In curia mercatorum proceditur de mer a aequitate omissis solemnitatibus & apicibus juris; The Spaniard likewise saith, Apices & subtilitas juris non considerantur in foro mercatorio; whereby it is manifest, that causes concerning Merchants and Merchandizes, are not wont to be decided by the peculiar and ordinary Laws of every Country, but by the general 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 virtue 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 jurisdiction 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 England's 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 Lex Civilis. 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. Cicero offic. li. 2. Majores nosiri aliud jus Geutium, aliud civil jus esse voluerunt, quod enim civil non idem continue, Gentium, quod autem idem civil esse debet, whereby it is manifest, that the Law of Nations is and aught to be a binding Law in all States and Countries; as it is binding, so it is perpetual, and cannot be rejected, as the Roman Civil Law is rejected in most of the Kingdoms in Europe, in such cases as do arise within the body of every Kingdom. In France, Philip le Bell (saith Bodin) de Repub. lib. 2. cap. 8. Bodin de repub. li.2.cap.8. when he erected the Courts of Parliament at Paris, and Mountpelier, did expressly declare, That they should not be bound in their judgements by the rule of the Roman Civil Law, and in erecting of all the Universities of France, they are charged in their several Charters, not to revive the profession of the Civil and Common Law, as of binding Laws in that Kingdom, and therefore Earum non imperio sed ratione utimur, saith another learned Doctor of France. In Spain, saith Bodin, Bodin in the same place, several Kings have made Edicts, that no man upon pain of death, should allege the Roman Civil Law as a binding Law in their Dominions. And that Stephen King of Spain Stephen King of Spain. did forbid the public pleading of the civil Law. As for England, to omit what Pope Elutherius Pope Eluther. wrote in his Epistle to Lucius the first Christian Monarch of the Britains, and whereof mention is made in Saint Edward's Laws de protestate Regia & Ecclesiastica, published in the time of 3 Hen. 8. petiistis (saith he) leges Romanas & Caesaris vobis transmitti quibus in regno Britaniae uti voluistis, leges Romanas & Caesaris reprobare possumus, legem Dei nequaquam, &c. In a Parliament holden in England 11 R. 2. when a course of proceedings in Criminal causes, according to the Civil Law was propounded, an answer was made by all the States assembled, That the Realm of England neither had been informer times, nor hereafter should be ruled and governed by the Civil Law, Rot. Parliament. 11 R. 2. in Archivis turris London, and accordingly Chopinus II R. 2. Chopinns. the French Lawyer in his Book de Domino Franciae tit. 28. speaking of the Civil law, hujus Romani juris (saith he) nullus apud Anglos usus, sed ex veteri gentis instituto Britani reguntur legibus municipialibus quas illis majorum mores praescripserunt. But this is to be understood of causes arising within the Land only; for all Marine and Sea causes which do arise for the most part concerning Merch. and Merchandizes crossing the seas, our Kings have ever used the Roman Civil Law for the deciding & determining thereof, as the Romans did use the Law of the Rhodians Rhodians. in those cases, according to the memorable rescript of the Emperor Antonius, terram suis legibus Rhodiis Regi. How be it now, those Laws of the Rhodians are digested and incorporated into one body of the Civil Law; the jurisdiction touching causes arising upon the Sea, is committed by the King of England to his admiral, who in his Court of Admiralty doth proceed in those cases according to the rule of the Civil Law. Now for the Rules of the civil Law touching the power of Kings, in laying Impositions upon Merchandizes, the same are clear without question, and observed without contradiction in all the nations of the world, Regiitantum juris ac muneris est vectigalia imponere, redditus, seu vectigalia portus quae perveniant ex his quae in portum vel ex portu vehentur regalia sunt, Rex qui non recognoscit superior 'em potest instituere nova vectigalia, &c. hoc est jus totius mundi, totus mundus hoc jure utitur, the D. Doctors who interpret the imperial Law, have their Books full of these Rules. And if it be objected, That these rules of the imperial Law are only intended of the Emperor, a learned Civilian hath this position, plus juris habet Rex in Regno quam Imperator in imperio, quia Rex transmittit regnum ad successionem quod non facit imperator, quiest tantum electionis, &c. Lastly, when I speak of the rules of the Civil Law, and make use thereof, I do apply the same only in cases of Merchandizes crossing the Seas, which I do express by way of protestation, that I may not be mistaken here, and in other places where I cite the Text of the imperial Law, as if I intended that Law to be of force in England generally, as in other places. CHAP. V. Of the Canon or Ecelesiastical Law, and how far forth it doth examine and resolve this Question in cases of Conscience only. THe Canon Law The Canon Law. is received and admitted in England, as a binding-Law in cases ecclesiastical, which are indeed the proper Subjects of that Law. But this question of Imposition is merely Civil, and therefore the Canon Law doth not handle it but in cases of Conscience only, & so indeed it doth examine and determine in what cases an absolute Prince may with a good conscience lay and demand new Impositions, Decret. causae 24. Quaesti. 3. Decret. cause 24 Quaest. 3. Princeps potest indicere nova vectigalia, and in Summa Summarum tit. degabellis & exactionibus, these rules and distinctions are laid down. Quilibet Monarcha potest imponere novum vectigal, quod tamen boni viri arbitrio moderaudum est, potest Princeps imponere vectigal ultra conventiovem in duobus casibus. i. quando redditus ejus non sufficiunt ad segimen boni & communis & decentiam status ejus. 2. quando non sufficiunt ex nova emergentia principes enim sunt à Deo instituti ut non quaerant propria Lucra, sed communem utilitatem populorum, lilia agri neque arant neque nent, which may be applied, saith a French Monk, to all Princes, but espicially to the Kings of France, because they bore the Lilies. The Canonists Canonists. do likewise allege the example of our Saviour, who paid an Imposition of Poll-money, Poll-money. and wrought a miracle to enable himself to do it; that the Tribute-money which Christ commanded to be paid, Date Caefari quae sunt Caesaris, and the custom which Saint Paul St. Paul. willeth every Christian to pay willingly, reddite omnibus, cui tributum, cuivectigal, were but Impositions raised by the Emperor's Edict only, without the consent of the people; and yet Saint Paul requires obedience to Princes in that case, not only for fear of the Prince's displeasure, but for conscience sake, non solum propter iram sed propter conscientiam. CHAP. VI. That this Question of Imposition may be examined and decided as well by the rules of the Laws before mentioned, as by the rules of our municipial Laws or Common Law of England. FOrasmuch as the general Law of Nations, which is and aught to be Law in all Kingdoms, and the Law Merchant is also a branch of that Law, and likewise the imperial or Roman Law have been ever admitted, had, received, by the Kings and people of England, in causes concerning Merchants and Merchandizes, and so are become the Law of the Land in those cases; why should not this Question of Impositions be examined and decided by the rules of those Laws so far forth as the same doth concern Merchants & Merchandizes, as well as by the rules of our Customary or Common Law of England, especially be cause the rules of those other Laws are well known to the other Nations, with whom we have commerce, and to whom and from whom all Merchandizes are transported, whereas the rules of our own municipal Laws are only known within our Islands; and if this Question may be decided either by the Laws of Nations, or by the Law Merchant which is but a member thereof, or by the Roman Civil Law, we find this point clearly and absolutely determined, and overruled by the rules of those laws, viz. That all absolute Kings and Princes may set Impositions upon Merchandizes by their Prerogatives, and thereupon we may conclude, that since one Monarch hath as much power as another, as Fortescue Fortescue in his Book de Laudibus legum Angliae, affirmeth, the K. of England, as well as any other King, as the Emperor himself, cum ipse omnes libertates habet in regno suo quas imperator vindicat in imperio, As King William Rufus told the Archbishop Anselm, may by virtue of his Royal Prerogative annexed to his Crown, and inherent to his sceptre, lay Impositions upon Merchandizes exported or imported into any of his Kingdoms or Doninions. CHAP. VII. Of the King's Prerogatives in general, and that the same do consist in certain special points or cases reserved to the absolute power of the Crown; when the Positive Law was first established, and that the Canon Law of England doth acknowledge and submit itself to these Prerogatives. BY the Law of Nature all things were common, and all persons equal, there was neither Meum nor Tuum, there was neither King nor Subject; then came in the Law of Nations, which did limit the Law of Nature, and brought in property, which brought in community of things, which brought in Kings and Rulers, which took away equality of persons, for property caused Contracts, Trade, and traffic, which could not be ministered without a King or Magistrate; so as the first and principal cause of making Kings, was to maintain property and Contracts, and traffic, and Commerce amongst men. Hereupon by the same Law of Nations, Tributes and customs became due to the King or Prince to maintain him in his place of Government, quasi Ministerii sui stipendia, saith the School-man, Deo Minister est tibi in bonum ideo & tributa potestas, saith Saint Paul, and all these things, namely Property, and Contract, and Kings, and customs, were before any positive Law was made; then came the positive Law, and limited the Law of Nations, whereas by the Law of Nations the King had an absolute and unlimited power in all matters whatsoever. By the positive Law the King himself was pleased to limit and stint his absolute power, and to tie himself to the ordinary rules of the Law, in common and ordinary cases, worthily and princely, according to the Roman Emperor, Dignissimum Principe Rex se allegatum legibus consiteri, retaining and reserving notwithstanding in many points that absolute & unlimited power which was given unto him by the Law of Nations, and in these cases or points, the King's Prerogatives do consist; so as the King's Prerogatives were not granted unto him by the people, but reserved by himself to himself, when the positive Law was first established; and the King doth exercise a double power, viz. an absolute power, or Merum Imperium, when he doth use Prerogatives only, which is not bound by the positive Law; and an ordinary power of Jurisdiction, which doth cooperate with the Law, & whereby he doth minister Justice to the people, according to the prescript rule of the positive Law; as for example, the King doth not condemn all Malefactors, but by the rule of the positive Law; but when the Malefactor is condemned by the Law, he giveth him a pardon by his absolute Prerogative. Again, the King doth punish the breach of the Peace within the Land, by the ordinary course of the Common Law, but he doth make War and Peace with foreign Nations, Quod pertinet ad liberum jus gladii, as a Doctor speaketh, by that absolute and unlimited power, which the Law of Nations hath given unto him. Again, the King doth establish the Standard of Money by virtue of his Prerogative only, for the Common Law doth give no rule touching the matter, or form, or value thereof; but when those moneys are dispersed into the hands of the Subjects, the same do become subject in respect of the property thereof, to the ordinary rules of the Common Law. Again, the right of freehold and all Inheritance, and all Contracts real and personal, arising within the Land, are left to be decided by the positive Law of the Land; but the Government and ordering of traffic, Trade, and Commerce, both within the Land and without, doth rest in the Crown as a principal Prerogative, wherein the King is like to Primum mobile, which carrieth about all the inferior Spheres in his superior Course, and yet doth suffer all the Planets underneath him to finish all their divers and particular courses; or rather he doth imitate the Divine Majesty, which in the Government of the world doth suffer things for the most part to pass according to the order and course of Nature, yet many times doth show his extraordinary power in working of miracles above Nature. And truly, as the King doth suffer the customary Law of England to have her course on the one side, so doth the same Law yield, submit, and give way to the King's Prerogative over the other; and therefore in the 1 Hen. 7. fol. 23. 1H. 7.fol.23. there is a rule, That every custom is void in Law quae exaltat in praerogativum Regis, which is an argument, that the King's Prerogative is more ancient than the customary Law of the Realm; besides, the power of the King's Prerogative above the Common Law doth appear in this, That whereas all privileges do flow, and are derived from the King's Prerogative, and every privilege in one point or other private communem legem, yet the Common Law doth admit and allow of privileges granted by virtue of the King Prerogative. CHAP. VIII. Of the King's Prerogative in the ordering and governing of all Trade and traffic in Corporations, Markets, and Fairs within the Land, and the Common Law doth acknowledge this Prerogative, and submit itself there unto. FIrst, it is manifest that all Corporations of Cities and boroughs within the Land, were chiefly instituted for Trade and Commerce, and not by the rule of Common Law; no such Corporation can be made but by the King's Charter; for though there have been some Corporations which have been time out of mind, yet the Law presumes that the same at first had their beginnings by the Grant of the King; besides, we find in divers ancient Charters made unto those Corporations, a power granted unto the King to take de omnibus rebus venalibus within their Liberties, certain sums of Money, viz. delibra piperis, so much, de libra zinziberis, so much, de quolibet panno, &c. for murage, or towards the reparation of their Walls, which is nothing else but an Imposition laid by the King's Charter to maintain those Cities & Boroughs wherein Trade and traffic is maintained; we find such a Charter granted to Nottingham, 3 Edw. 1. pat. m. 21. 3 Edw. 1 pat. m 21 in Arch. turris London. The like is granted to Cloneniell, and to some other Towns in Ireland. F.N. 170. B. F.N. 170 D. We find a Patent granted to a burrow in England, to take for five years a certain sum of Money of every Passenger, toward the paving of the same Town. Again, no Fair or Market may be holden within the Realm, neither can a multitude of Subjects assemble themselves together to that end, without a special Warrant or Grant of the King; and when a Subject hath a Grant of a Fair, he hath a Court of money-powder incident thereunto, wherein the proceeding in Summary & de plano from hour to hour, as in the Court of Merchants; And for the Government of all Fairs and Markets, especially touching Weights and Measures, the Standard whereof was first established by the King's Ordinance, to whom the establishing of the Standard moneys, which is mensura publica omnium rerum commut abilium, is also reserved as a special commodity. Besides, in every Fair and Market where things are bought by retail, for the necessary use of the Buyer, and not to sell the same again as Merchandizes in another Market, for that is regrating and unlawful, by the rule of the Common Law, There is a Toll taken, which is nothing else but an Imposition laid upon the Buyer, and that that Toll was originally imposed by the King's Prerogative, it is manifest in this, that the ancient Tenants of the Crown, namely the Tenants in ancient demean, are discharged of Toll in all Markets and Fairs; and that the King by Charter hath discharged divers other persons of Toll, as appeareth in the Register of Writs, and Pitz. Na. Brevium, where we find divers Writs essend quiet de Theolneo. But this discharge of Toll is only for things bought for necessary use of the Buyer, and for Merchandizes, for the Tenants in ancient demean are discharged of Toll, for such things only as are for their provisions, or manurance of their lands, and in the Writ which dischargeth the goods of ecclesiastical persons of this Toll, there is this clause, dummodo non faciat Merchandiz as de iisdem, as is before declared. Lastly, the King's Prerogative in the Ordering and Government of Trade within the Realm, doth appear in that notable Charter granted to the Abbot of Westminster, recited in the Register of Writs, fol. 107. Register of Writs, fol. 107. wherein the King doth grant to the Abbot and his Successors, to hold a Fair at Westminster for thirty two days together, with a prohibition that no man should buy or sell within seven miles of that Fair, during that time. CHAP. ix.. That the King hath another Prerogative in the Government in the Trade of Merchandizes crossing the Seas, differening from the Prerogative which he useth and ordereth in Trade and traffic in Markets and Fairs within the Land, and of the difference between custom and Toll by the rules of the Common Law. TOuching Merchandizes crossing the Seas outward and inward, the same are of another quality, and the Law hath another consideration thereof, than it hath of such things as are bought and sold in Fairs and Markets within the Land, as is before expressed; and therefore the duties payable upon the exportation and importation of Merchandizes, have another name, being called customs, and not Toll, and are also paid in another manner, for customs custom and Toll. must be paid before the Merchandizes be discharged and brought to Land; whereas toll is not payable but for goods brought into the Fair or Market. Again, custom must be paid whether the Merchandizes be sold or not, but Toll is not due but for goods bought and sold in the Market. Again, Custom is always paid by the Merchant, who selleth or intendeth to sell his Merchandizes in gross; but Toll is ever paid by the party who buyeth some Commodity for his proper use and provision by retail. Lastly, if customs be not paid or agreed for before the Merchandizes be discharged and brought to Land, the Merchandizes are ipso facto forfeited, and may presently be seized to the use of the King; but if Toll be not paid, the thing sold is not forfeited, only it may be distrained and detained till the Toll be paid; or an Action upon the Case may be brought for the Toll. These differences between custom and Toll do apparently prove that Merchandizes for which customs are paid, do differ from other goods sold in the Markets and Fairs, for which Toll is taken, and that the Trade of Merchandizes crossing the Seas, and the Trade that is used in Markets and Fairs, are ordered by different Prerogatives; and as the Tolls of several kinds which are taken in Markets, Fairs, and Towns Corporate, were first imposed by virtue of that Prerogative, whereby the King ordereth all Trade within the Land; so by virtue of that other Prerogative whereby the King governeth the Trade of Merchandizes crossing the Seas, the Crown of England, ever since the first institution of the Monarchy, hath from time to time raised and received out of Merchandizes, customs, and Impositions, of divers Nature and Natures, according to the diversities of Merchandizes exported and imported, and the divers occasions and necessities of the comercion. CHAP. X. Of the ancient duty called custom, payable for our principal Commodities exported, and that it was originally an Imposition. THE ancient duties payable for Merchandizes, were but of two kinds, and known by two names, customs and Prizes; customs were paid for Homebred and Native Commodities exported, and Prizes were taken out of foreign Commodities imported. The Native Commodities out of which custom was paid, were wool, wool-fells, and Leather, and this custom did consist of rertain rates or sums of money, imposed by the King upon those Merchandizes exported, which rates were raised and reduced higher or lower, from time to time, as occasion did arise; for although in the time of King Edw. 1.the customs payable for those Commodities were reduced to this certainty, viz. to a demi mark for every Sack of wool, a demi mark for every three hundred wool-fells, and a mark for every last of Leather, which we call now the great and ancient custom, ab initio non fuit sic, these were not the rates from the beginning, for not long before that time there was a greater and more ancient custom paid for the exportation of those Commodities, Britanni (saith Strabo) Strabo. vectigalia tollebant gravia earum rerum quas brevi trajectu in Galliam importabant; this was Magna Customa in the time of the Britains; and though the certain rates thereof doth not appear, yet because the same were gravia vectigalia in those days, we may easily believe that custom to have been greater than the demi mark for a Sack of wool. Again, the Statute of Magna Charta, which was as ancient as King John, speaketh of ancient Customs payable for Merchandizes, and the Book of 29 Edw. 3. maketh mention of ancient customs granted to King John, in the Town of Southampton, which doubtless were other customs than that of the demi mark, &c. for that in the Record of the Tower, 3 Edw. 1. Rot. sin. 24. & Rot. Patent of the same year, m. 9 the demi mark which was first established by the King's Letters Patents, is called Nova Custuma, and this was a diminution of the ancient custom, saith the Book of 30 H. 8. Dyer 43. 38 H. 8. Dyer 43. Again, when the same King Edw. 1. had by his Writ only, without Act of Parliament, established the custom of the demi mark, &c. in Ireland, in all the Customers Accounts, which are found in the Pipe-Rolls, in the time of Edw. 1. Edw. 1. Edw. 2. Edw. 2. Edw. 3. Edw. 3. in that Realm, it is also called Nova Custuma, which importeth as much as a new Imposition, for Imposition is a new name, and hath been of use but of late years, whereas every new charge laid upon Merchandizes in ancient times, was called Nova Custuma, as the Lord chief Baron Fleming observed in his Argument in Bates Case Bates case de currants in Sccio. per Fleming chief Baron. of currants, in the exchequer of England; but because this custom of a demi mark was a reducement made by King Edw. 1. of the great and ancient custom to that proportion which was then thought reasonable (as after upon sundry Petitions of the Commons, was allowed by the succeeding Princes) it obtained in tract of time the name of the great and ancient custom; this custom of demi mark was not granted to the King by Parliament, but reduced to that rate by the King, by the prayer of the Commons, as is expressed in the Record of 3 Edw. 1. 3 Edw. 1. fin. memb. 24. for albeit the Charter for confirmation of Magna Charta, made in 25 Edw. 1. doth recite, That the demi mark was granted by the commonalty, yet is there no Act of P. printed or recorded, wherein that grant of the commonalty doth appear, neither can it stand with the rule of reason that the demi mark being a diminution of the ancient custom should proceed from the grant of the Cominalty to the King, for the King would never have accepted of such a grant as did diminish his Revenue, neither had it been thankworthy or acceptable, and therefore the King having a Negative voice, would never have given his assent to such a grant in Parliament; but it is to be presumed that this diminution of the ancient custom was made in Parliament, and not by Parliament, and that by prayer of the Commons, as the Record of 3 Edw. 1. Rot. fin. memb. 24. 3 Edw. 1. Rot. fin.memb.24. testifieth, the King was then well pleased for that time to draw down the ancient custom to that rate, and the people did willingly yield and consent to the payment thereof; and this I take to be the true interpretation of the Charter or Statute made in 25 Edw. 1. Statute 25 E. 1. And therefore because we find no Act of Parliament whereby the people did originally grant the great and ancient customs to the King, and because we find it was uncertain and subject to diminution and alteration, we may conclude, that it was but an imposition laid by the King from time to time by virtue of his Prerogative, without any grant from the Cominalty of the Realm who can make no grant but by Act of Parliament; & in truth it were absurd to aff●rme, that the great and ancient custom imposed upon Native commodities of the Kingdom was first granted by Act of Parliament; since it cannot be imagined that ever those commodities did pass out of the Kingdom, without custom, being equal in time with the first sceptre; and since the sceptre was established many hundred years before the people were called to be in Parliament; besides, the very name of custom doth note and argue that it began before any Act of Parliament was made, for that it signifieth a duty payable or accustomable to be paid time out of mind, which in presumption of Law, is before any Record; wherefore the rules in the Lord Dyers Dyer 29. Book are good Law, viz. The King hath an Estate of Inheritance in the custom payable for Merchandizes, as being a Prerogative annexed to his Crown. And again, 30 Hen 8. 43. 30 H. 8.43. custom is an Inheritance in the King by the Common Law, and not given by any Statute. CHAP. XI. Of the ancient duties called Prizes, taken out of foreign goods imported, except Wines, and the petty-customs of three pence of the pound were accepted by King Edw. 1. in lieu of Prizes. FOr the foreign commodities which are brought into England, our Kings in ancient times did not take any Rates, or customs, or Sums of Money, but took such part of the several commodities in specie, as they thought fit for their proper use, paying for that they took a price as themselves did likewise think fit and reasonable, which was called the King's price; this Prerogative is proved by the rule of the imperial Law, Rex nonrecognoscens superiorem potest è India in propria causa, and also by the rule which is given 31 Edw. 3. 60. 31 Fd 3.60. where the Bishop of Norwich having forfeited to the King thirty Talents of Beasants of Gold, because the quantity and value thereof was uncertain, it was adjudged that the King's House should set down of what quantity and value every talon should be, and that the same should be paid accordingly; and by the same Prerogative, whensoever any Subject is to pay a Fine or ransom unto the King for a contempt, The King himself doth limit and set the Fine or ransom at his own will or pleasure. The foreign commodities thus taken by the King in Spain, at his own price, were called Prizes, but because these prizes were many times grievances to the Merchants, and brought little or nothing to the King's Coffers, That prudent Prince Edw. 1. by that famous Charter called Charta Mercatoria, made in the 31 year of his reign, did remit unto all Merchant Strangers their prizes, and did grant quod de caetero super mercimonia Merchandizas vel bona ipsorum per ipsum Regem vel Ministros suos nullos nulla appretiatio vel estimatio apponeretur, & quod nulla prisa vel arrestatio ratione prisae inde fieret, &c. and the Charter doth further recite, That for the remission of these prizes the merchant's Strangers did grant unto the King three pence upon the pound, now called the petty-custom, out of all foreign Merchandizes imported, except Wines; and for our Native commodities exported, they would pay for every Sack of wool four pence, and for every three hundred wool-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 politic, is in respect of them of no force of the rule of the common Law, until the King's charter made it good and maintained it, until it was confirmed by Parliament 27 Edw. 3. 27 E. 3. which was fifty years after the date of the Charter, upon the matter these duties payable by Merchant Strangers, were only Impositions raised and established by the King's charter, which Charter being made in England, was after wards established, exemplised under the Great Seal of England, and transmitted into Ireland, with a special Writ directed to the Officers of the customs 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 virtue of which Writ only, 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 customs payable for Wines, called Prizage and Butlerage. THe most ancient custom payable for Wines is Prizage, Prizage and Butlerage. 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 only, for every Tun, as appeareth by an ancient Record of 52 Hen. 3. 52 H. 3 whereby we may conjecture, what easy rates the King gave for the prizes of other Merchandizes. This custom of Prizage was merely an Imposition, for it could not be granted by the Merchants of foreign Nations, being nobody politic, as is before declared; neither is there any Act of Parliament whereby 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. 31 Ed. 1. before mentioned, and in lieu thereof, by virtue of the same Charter, the King before mentioned receiveth two shillings for every Tun of Wine brought in by Strangers, which we now call Butlerage; but Prizage is paid in Specie by all our own Merchants at this day, the Citizens of London only excepted, who having remission of Prizage by a special charge, were charged with a new Imposition called Gage, viz. de quolibet dolio 1 d. de vinis venientibus London, which was accounted foreign, 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 custom, 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 lawful and ancient Inheritance of the Crown. CHAP. XIII. Of the ancient Officers which our Kings have created by virtue of their Prerogatives, to search and oversee all sorts of Merchandizes, and to collect the duties payable for the same. AS our ancient Kings by virtue of their Prerogative without Parliament, have laid the customs or Impositions before expressed, upon all sorts of Merchandizes exported and imported; so by the same Prerogative have they ordained several sorts of Officers to search and oversee those Merchandizes on which they had laid those Impositions, namely the Gauger Gauger. of Wines, a high Officer, is as ancient as the Imposition of the gage itself before mentioned; the Alneger Alneger. of the clothes which is more ancient than any Act of Parliament that makes mention of the clothes, for there is a Record of 14 Edw. 2. 14 Ed. 2. in Archivis turris which speaketh of the Alneger, the Packer of wools, the Garbellor of spices; besides, the Officer of the customs, viz. the Customer controller and Searcher; Customer. Controller. 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 virtue of their several Patents granted from the King. CHAP. XIV. Of other Impositions, besides the ancient customs before mentioned, laid upon Merchandizes, by several 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 customs 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 Counted for duty, for the space of ten years, until the 26 Edw. 1. when it was remitted but during the King's pleasure only; it appeareth likewise 25 Edw. 1. 25 E. 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 forty shillings upon every Sack of wool exported, which ad instantiam Communitatis he was pleased to remit; which remittal was of mere 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 forty shillings upon a Sack of wool, was taken and levied above twenty years together, after the new Imposition of the demi mark upon a Sack of wool, which was set and established; for that begun in 3 Edw. 1. and this Imposition of forty 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 surmised, but was only a mitigation or reducement of a greater custom paid before, which was done of mere 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 custom upon wool, wool-fells, and Leather, which ancient Custom must needs be intended an ancient Imposition over and besides the demi mark, which was then called the new custom, and this appeareth by a Record in the Tower, 3 Ed. 2. 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 customs, and a hundred thousand pound pro damnis occasione retardationis solutionis debitis, &c. and howbeit afterwards, he being a weak Prince and misguided by ill counsel, and overruled by his unruly Barons, was driven first to suspend the payments of his customs of three pence the pound, and other duties contained in Charta Mercatoria, during pleasure only, as appeareth by his Writs of Supersedeas, directed to the Collectors of his customs, 3 E. 2. Claus. memb. 16. and after that by an Ordinance made 5 Edw. 2. utterly to repeal that Charter, and to abloish all other Impositions raised or levied since the coronation of his Father, Ed. 1. except the customs of the demi mark; not withstanding after that, again Anno 11. of his Reign, when he wanted Money for his Expedition 11 E. 2. into Scotland, exquirentes vias saith he in his Writ to the collectors of his customs The Writ to his Collecttors of his Customs. at London, Rot. fin. memb. 12. in Archivis turris, quibus possemus pecuniam habere commodius & decentius, tandem de consilio & advisamento quorundam mercatorum inveniemus subscriptum, which was, that he should receive by way of loan forsooth (which never was repaid) a greater increase of custom upon all merchandizes imported and exported, for it is expressed in the writ, that praeter incrementum de lanis coriis & pellibus lanutis, which was a third part more than the demi mark, viz. twenty shillings for every Noble; the King was to receive for every coloured cloth worth three pound sterling, a Noble; for every other cloth worth forty shillings, four shillings; for every piece of Scarlet, a Mark; for every Tun of wine, five shillings; for all foreign commodities called Averdepois, two shillings the pound; all which sums of money he commandeth the Collectors of his customs Collectors of his Customs. to collect to his use upon their Merchandizes; which levy or collection, though it bear the name of a loan, being not made by authority of Parliament, nor with the consent of the whole cominalty, but taken up by the Kings writ only, was nothing else but an Imposition laid upon Merchandizes by the King's Prerogative. CHAP. XVI. Of the Impositions laid and levied upon Merchandizes, by King Edward 3. KIng Edward the third reigned a full Jubilee of years, for he died in the fiftieth year of his reign; and during all this time, as there lay upon him a continual charge for the continuance of his wars, so was he continually supplied with his customs and Impositions which he had laid upon Merchandizes, whereof he was so great a husband, & by reason of his good husbandryspent such huge sums of Money, as there went a report in those days, that Raimundus: Lullius Raimundus Lullius. the famous alchemist, did make that elixir for him, whereas his improving of those duties which were paid for Merchandizes, was the true philosopher's Stone, which did enrich him, and enable him to spend so many Millions in his wars in France. In the first year of his reign, by his wit only, without Act of Parliament, he gave new life to Charta Mercatoria, made by Edw. 1. and repealed by Edw. 2. or rather by unruly Barons, for the words of the Writ are, That the customs and duties payable by the Charter, praetextu ordinationum per quosdam magnates in regno nostro factos, ad tempus aliquod cessarunt, & jam adnullatis diciis ordinationibus colligi debent & levari, sicut tempore dicti Avi nostri, &c. 1 Edw. 1. 1 Ed. 1. Rot. fin. memb. 39 Rot. fin. m. 30. in Archivis Turris. in Archivis turris. Afterwards the Records of this King's time do plentifully declare, That he by virtue of his Prerogative, without Act of Parliament, laid many great Impositions, and raised extraordinary profit upon Merchandizes, though not always after one manner, yet all the means he used may be reduced unto three kinds. Sometimes he did impose certain rates or sums of Money upon Merchandizes, as forty shillings upon a Sack of wool, with a ratable proportion upon other commodities, for levying whereof he only sent out his Writs to the Collectors of his customs in every Port; and this kind of Imposition being of the nature of the Impositions now in question, was more usual and frequent than any other in this King's reign, as appeareth by sundry Records Le Records. in the Exchequer, and in the Tower of London, 17 E. 3. Rot. 308. in Sccio Angliae. 17 Ed: 3. Rot. 308. in Sccio. Angliae, etc: 21 E. 3. Rot. Parliament. numb. 11. in Arch. turris, 24 F. 3. Rot. 12. Sccio Angliae. 25 E. 3. Rot. Parliament. 11, 22. in Arch. turris. 27 E. 3. Rot. 7. in Sccio Angliae. 30 E. 3. Rot. 10. Sccio Angliae. 38 E. 3. Rot. Parliament. numb. 26. in Arch. turris. 40 E. 3. Rot. 7. Sccio Angliae. 50 E. 3. Rot. Parliament. numb. 163. in Arch. turris. At other times he sent out Commissions to take up great quantities of wool and other commodities, at a low price, set by himself, and transported the same beyond the Seas, where he made the best profit thereof, for payment of the wages of his Army there, as appeareth by a special Record in the Tower, 12 E. 3. Rot. Almaniae pars 1. numb. 3. 12 Ed. 3. Rot. Almaniae. pars 1. numb. 3. in dorso. These taking prizes of English Merchandizes, are the first I find in any Record (for the King's provision of household, is of another nature.) But the King took these wools in point of Prerogative, as his Predecessors were wont to take prizes of all foreign commodities, until King E. 1. did remit all prizes to Merchant Strangers, by Charta Mercatoria, as is before expressed; and also such of English Merchants as would pay the customs restrained by that Charter, were offered the like immunition from prizes, 31 Ed. 3. Rot. Parliament, numb. 24. 31 Ed. 3. Rot. Parl. numb.24 But our English Merchants refused the benefit of that Charter, and therefore the King it seemeth was at liberty to take prizes of them as well as Strangers. The King did many times shut up all the Ports, and stop all Trade, and then granted licences to all particular persons to transport Wool and other commodities, for which licences he took forty shillings, sometimes fifty shillings for a Sack of Wool, and the like rate for other Merchandizes, and this is manifest by these Records, 13 Ed. 3. 13 Ed. 1. Rot. 2. in Sccio Angliae, 14 Edw. 3. 14 Ed. 3. Rot. Parliament. in Arch. Turris. Thus did this warlike and politic Prince, King Edw. 3. by his Prerogative, without Act of Parliament, lay sundry Impositions and charges upon all sorts of Merchandizes; and although upon Petition of his Subjects in Parliament, when they granted him other Aids and Subsidies of greater value than these his Impositions, he did many times remit and release those Impositions, yet did he often times renew the same, or impose the like again, when the aid or Subsidy granted in recompense was spent, as shall be showed more particularly when I come to answer the Objections which have been against His majesty's rightful prerogative, in laying Impositions upon Merchandizes. CHAP. XVII. Of the Profits raised unto the Crown out of Merchandizes during the reigns of several Kings who succeeded K. Edw. 3. until the reign of Queen Mary. TRue it is, that during the reign of these Princes, we find no Impositions directly set upon Merchandizes by their absolute power or prerogative; but they did not forbear to lay Impositions directly, for that they wanted right so to do, or because they doubted of their right in that behalf; for they well knew they had the same right, the same prerogative, and absolute power that their Predecessors had; but because they found other means to make other profit upon transporting of Merchandizes, and that in another manner, and in so high measure, as the trade of Merchandizes in those days could hardly bear any greater charge, without danger of overthrowing all Trade and commerce: And therefore those Princes did in their wisdoms forbear to lay any further Impositions by their Prerogatives: For these Kings who reigned after King Edw. 3. who conquered Calais in France, and before Queen Mary lost Calais, had two principal ways and means to raise extraordinary profits upon Merchandizes, but proceeding from one cause, namely, from establishing the Staple at Calais; for King Edw. 3. some few years before his death, did by his Prerogative in point of Government, without Act of Parliament, erect a Staple at his Town of Calais, Staple at Calais. 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 Calais, and to no other place beyond the Seas. This Staple at Calais was first settled and fixed there by an Ordinance which the King made by virtue of his Prerogative and absolute power in the government of Trade and commerce, 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 laid 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 Calais only. Now the Staple of Calais being thus established, there did arise a double profit to the Crown for transporting of Merchandizes over and above the ancient customs 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 paid but once, that is, upon the outgate; after the establishing of the Staple at Calais, the duties for the same Merchandizes became double at the least, and for the most part treble, and were ever paid 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 Calais; and because all the commodities brought into Calais 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 lands of the Levant, there did arise a third payment of customs and Subsidies for so much of their commodities as were exported again cut of Calais, by means whereof the customs and Subsidies did amount to threescore thousand, or threescore and ten thousand pounds sterling, per annum, in the latter times of King Edw. 3. E. 3. and during the reign of Rich. 2. Hen. 4. Hen. 5. R. 2. H. 4. H. 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 customs, Subsidies, and Impositions received at this day, though that plenty of money, and price of all things, and consequently the expenses 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 wool and Cloth were vented, and uttered, and was likewise the cause of loss of all our Territories in France, except Calais, and all the Merchandizes thereof, whereby the customs, 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 marriage of Margaret, Sister to King E. 4. unto the Lord Duke of Burgundy, as that in honour of the English wool, which brought so much Gold into his Country, he instituted the Order of the Golden Fleece; and thereupon the customs, 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 Calais being first established by an order made by the King's 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 dispense with that Ordinance, and those Acts of Parliament, and to give licence 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 Calais. By virtue of this Prerogative and power, the several Kings who had Calais 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 Calais, for which Licenses, whereof there are an incredible number found in the Records of England, the Merchants paid 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 customs 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 do consist the principal cause why the Princes of England who succeeded King Edw. 3. who won Calais, until the reign of Queen Mary, who lost Calais, did not directly use their Prerogative in setting any other Impositions upon Merchandizes above the ancient customs 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 Calais, did augment not a little the profit laid upon Merchandizes. And may be a reason likewise why those Kings did forbear to lay any other Impositions by their Prerogative. We may add hereunto other reasons. First, Rich. 2. was a Minor, and overruled 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 kingdom after those troubles. Fourthly, that King H. 8. had such a mass of Treasure left him by his Father, and did so enrich himself by dissolution of abbeys, 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 King's profit. CHAP. XVIII. That Queen Mary did use her Frerogative in laying Impositions upon Merchandizes. QUeen Mary, in whose time the Town of Calais was lost, and consequently the benefit of the Staple at Calais was lost, did by her absolute power, as appeareth by the Report of the Lord Dyer, 1 Eliz. Dyer 165. Dyer 165 12 Eliz. raise an Imposition upon Clothes, viz. six shillings and eight pence upon every Cloth, over and above all customs and Subsidies. True it is, that the Merchants petitioned to be disburdened of this Imposition, which was referred to the consideration of the Justices, and others; whereupon they had many assemblies and conference, as that Book reporteth: And albeit the Resolution of the Judges in that behalf be not found in that book, it is to be presumed, That they adjudged the Imposition to be just and lawful, because it was continued and answered during all the Reign of Queen Mary. This Queen Mary likewise by her Preroonely, laid and Imposition of four Marks upon every Tun of French Wines over and above the Prizage and Buttlerage, which during her life time was paid without contradiction. CHAP. XIX. That Queen Elizabeth alsoused her Prerogative in laying Impositions upon Merchandizes. QUeen Elizabeth also by virtue of the same Prerogative, did not only continue the Impositions laid by Queen Mary upon clothes 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 paid 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 ducat upon every hundred of currants 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 currants into England. 12 Eliz. The English Merchants having this privilege, did take five shillings and six pence upon every hundred weight of currants brought into England by Strangers, which was duly paid, although it was taken by the Merchants by virtue of their privilege only of sortiori; yet it ought to have been paid if it had been payable to the Queen herself, as the Lord Chief Baron Fleming did observe in his Argument of Bates' case of currants in the Court of Exchequer in England. CHAP. XX. That our sovereign Lord King James hath by virtue of the same Prerogative, without Act of Parliament, laid 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 withal the necessary charge of the Crown exceedingly to increase, did for the supportation thereof, not only continue the Impositions laid by Queen Mary, and Queen Elizabeth, but also laid new Impositions upon sundry sorts of Merchandizes, over and above all customs 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. July, Letters Patents 28, July, 6. Iac. in the sixth year of his majesty's 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 King's people, or setting the poor on work, or for munition or defence of the Realm, or for maintenance of Navigation, or which especially tends to the enriching of a kingdom, are excepted and discharged by this Imposition. As for the special Impositions which his Majesty hath set upon certain foreign commodities, as currants, 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 laid in England, his Majesty by his Prerogative only, since the beginning of his Reign, received the Impost of Wines in Ireland; and hath likewise, to make equality of Trade in that Realm, laid 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 towns 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 paid without contradiction. And that we see how long the Crown of England hath been seized 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 withal of curiosity and presumption, to search a reason for every Prerogative that is incident to the Crown; for Sacrilegii est disputare de Principis facto, saith the Imperial Law; and Scrutator Majestal is opprimitur à gloria, saith the Wise man: Yet the reasons whereupon this Prerogative is grounded are so many, and manifest, as it were not amiss to collect the principal of them, rather for the confirmation, than the satisfaction of such as have moved this question touching the lawfulness of Impositions laid by his Majesty upon Merchandizes. First, the King is the Fountain of all Justice, and therefore the first reason drawn from the King's charge in doing Justice, and procuring Justice to be done to Merchants, not only distributive Justice, wherein consisteth Praemium and Paena, but commutative Justice is also derived from the King. Now his Majesty doth exercise commutative Justice chiefly in the ordering and government of Trade and commerce, wherein he is to do Justice, or to procure Justice to be done to his Subjects, who do make contracts real and personal within the Land: But to his Merchants that trade and traffic with foreign Nations, and to Strangers that trade & traffic with us, for the Administration of commutative Justice within the Land, the King receiveth sundry profits, which grew first by way of Imposition. A man cannot recover a Debt in the King's Court, but first he payeth the King a Fine for his first Process: Land cannot be conveyed by a Common Recovery but a Fine for the Original must be paid to the King. Neither can Land be passed from one to another by Fine in the King's Court, but the King's Silver must be paid, pro licentia concordandi. add hereunto the profit of the Seals in all the King's Courts, for all manner of Writs: And yet the King in Charta magna did promise, Nulli negabimus, nulli vendemus justitiam vel rectum; but the Kings taking of these, and the like Duties, is no breach of the great Charter, for that the same was imposed by the King long before the Charter was made and taken, ut Ministerii sui stipendia, as the Schoolman speaketh; and withal to recompense the charge of the Crown in maintaining the Court of Justice: See Bodin lib. 6. de Repub. cap. 2. Bodin lib. 6: de repub. ca. 2. where he speaketh of the like profit made upon the Process in France: And shows that the ancient Romans did the like: And the Emperor Caligula Caligula: took the fortieth penny of that which was demanded in every several Civil Action. If then such profits be taken for the King in his Courts of Justice within the Land, towards the charge which he sustaineth in the maintenance of these Courts and the Offices thereof, which duties were at first limited and imposed by the King himself without any Act of Parliament; for who ever heard of an Act of Parliament whereby the same were granted? Is there not as good reason why the charge of the King in doing Justice, and procuring Justice to be done unto Merchants, whose residence and commerce is for the most part out of the Land, should be recompensed out of Merchandizes imported, and exported, not according to the will of the Merchant, and pleasure of the people, out proportionable according to the King's charge, which being best known to himself, it is most meet that the recompense should be limited by himself? Touching the charge of the King in doing, and appointing Justice to be done to Merchants; Are not all Leagues, Truces, and Treaties of State with foreign Princes, wherein the public Trade and commerce of Merchants are ever included, concluded, and made at the King's charge? Did not the King's Council of State, and high Court of Chancery give more speedy hearing to the causes of Merchants than to the causes of other Subjects? Doth not the King maintain a Court of Admiralty for deciding of Marine causes, which do for the most part concern Merchants? Doth he not bear the charge of several Le●ger Ambassadors in Italy, in Spain, in France, in the Low Countries, in Turkey, whose principal Negotiation doth consist in procuring Justice to be done to our Merchants? And if our Merchants do suffer wrong in any foreign Country by reason of any defective neglect in doing Justice there, doth not the King by his Prerogative grant them Letters of Mart, or Reprisal, that they may right themselves, which is a Species justi Belli, as the Civilians call it? And if the injury done to the Merchants be multiplied and continued with a high hand, Is it not the King's Office to denounce and prosecute War against such a people as doth refuse to do Justice unto his Merchants? For this cause the Romans began the first Punic War, saith Appian, Cicero Appian. Cicero. in his Oration pro Lege Manlia, affirmeth, Populum Romanum saepe Mercatoribus Injuria suis tractata bella gessisse. Briefly, the plenty of Money being greater in this Age than ever was there by reason of so many Millions of Gold and Silver brought from the Indies into Europe, and the price of all Merchandizes being withal greatly enhanced, and the charges and expenses of Princes exceedingly increased, is it meet or just that the King at this day should be stinted or bound to that old Demimark only for Native commodities, or the three pence of the pound for the foreign commodities which Edw. 1. was content to accept of four hundred years since, or a single poundage only, which in the time of King Edw. 4. was not sufficient to maintain the necessary charges of keeping the Sea, as the Acts of Parliament, 12 Edw. 4. cap. 5. 12 Ed. 4.cap.5. which granteth that Subsidy to the King, reciteth all the King's charge in supporting the Trade of Merchants being unlimited, and infinite: And shall the duties payable for Merchandizes be stinted and restrained to such a proportion only as the Subject shall be pleased to grant unto him? Assuredly if the King had not a Prerogative of his own absolute power without Act of Parliament, to increase the duties payable for Merchandizes at this day, a merchant's countinghouse would be richer than the King's Exchequer; and the Subject who may live privately, and moderate his expenses, and yet raise the Fines of his copyholds, and Rents of his Demeans without controlment, would be in better case than the King, who by reason of the Majesty of his Estate cannot abridge his charges, and yet should have no power of himself without leave of his Subjects to increase his Revenue. Again, the King is not only at charge in doing of Justice to his Merchants at home, and in procuring Justice to be done to them abroad, but the doth withal maintain a royal Navy of Ships, the best, the fairest, the strongest in the world at this day, to protect all Merchants from spoil and Piracy on the sea. In the maintenance of this Navy, the King doth expend more Treasure than the whole Revenue of some of his Predecessors did amount to. And he doth not only secure Merchants by Sea, but he gives them safe conduct by Land also, as appeareth by the great Charter: So as they may well give our King that title which Virgil Virgil. gives to the King of Bees, Ille operum custos: And seeing Merchants are most likely resembled to those Industrious creatures, because they bring the honey to the King's Hives, to wit, to his Havens and Ports, where they, and their Merchandizes be protected and reserved, why should they not imitate the Bees in observing their King, and in making him partaker of the fruit of their labours? Neither is it a new thing, or an invention of this Age, to lay Impositions upon Merchants for their Wastage and Protection at Sea; for Plinius tells us, lib. 19. cap 4. Plin. lib.19.cap.4. Merces praetiosae ut ex India, Arabia, Ethiopia, tuto in Europam à Mercatoribus conveherentur, necessariò classem parandam esse adversas Piraticas incursiones, inde maritimi exercitus habendi causa vectigal rubri maris institutum. A third reason drawn from the Interest the King, hath in the parts of the Kingdom, and the custody thereof, which giveth him power to shut and open the fame at his pleasure. Again, all the Ports of the kingdom are the Kings, not only 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 King's 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 Janus, and hath power to open and shut them at his pleasure. Omnia sunt nostra clausa patentque manu. Saith Janus 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. Tempore Edw. 3. wherein are found many Petitions that the Sea might be open, which during that King's time was often shut by virtue of his Prerogative only, and never fully opened again, but when the King laid 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 commerce 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 kingdom. 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 war, as Horses, armour, Gunpowder, &c. are not fit to be exported out of the Realm: And poisons, Heretical books, and other things which are apparently hurtful 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 stopping and imbarring of Trade & commerce, sometimes generally, sometimes between us and particular Nations, and sometimes for particular Merchandizes only, whereof there are many precedents and examples both in Records and Histories of our Nation, 2 Edw. 1. 2 Edw. 1. Rot. Parliament. m. 18. in Archivis Turris. 2 Edw. 3. 2 Edw. 3. Rot. fin. m. 17 ibid. 10 Edw. 3. 10 Ed. 3. Chaunc. m. 3. in dorso ibid. 17 Hen. 6. 17 Hen. 4 Sccio Angliae, Matthew Paris Hist. Magna P. 568. Matthew Paris Histor. Magna p. 568. 10 Hen. 7 Stow. 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 foreign Nations, for open War is no sooner denounced, but all Trade of merchandise is stopped and imbarred between the Nations which are engaged in the war, durante bello inter Reges Christianos merces quascunque exportare vetamur ne Regni arcana serutentur, saith a Doctor of the imperial Law; whereupon we 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 should have the like power to lay reasonable Impositions upon Merchandizes for opening of the Ports, and for giving of freedom of Trade again; he that may do the more, may do the less, Non debet ei cui id quod majus est, id quod minus est non licere, saith the Rule of the Law; he that may prohibit Merchants not to Trade or pass, may dispense with that prohibition, and give them leave to go and traffic sub modo. Again, the King of England is Dominus Maris, which floweth about the Island, as divers ancient Books and Records do testify, as Fitz Avowry 192. 6 Rich. 2. protection. 46. Rot. Scotiae. m. 16. in Arch. Turris. Fitz Avowry 192.6 Rich. 2. protection 46 Rot. Scotiae. nu. 16 in Arch Turris. And he is Lord of the Sea, not only quoad protectionem & jurisdictionem, sed quoad proprietatem, and this is our Neptune's trident, for God gave unto man as well the Dominion of the Sea as of the Earth, where it is said, Gen. 1. 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 Baldus. affirmeth, de jure Gentium distincta esse dominia in mare sicut in terra arida, and again, mare attribuitur terrae Circunstanti. Hence it is, though there be but one Ocean, in respect whereof the whole Earth is quasi insula, saith Strabo, 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 adjoining. Hence it is that our Common Law doth give unto ourKing all the land which is gained from the Sea, which Stampford Stampford in the Book of the King's Prerogative doth affirm to belong to the King, de jure Gentium, quia Mare seu particula Maris est de Territorio illius Civitatis vel Regni cui magis appropinquat, saith one learned Doctor, Mare se extendit cum aquae flnt mensurabiles, saith another; hence it is, that all navigable Rivers, as the River of Thames, and the River of Lee, and divers others, are called in our Books, the King's Streams, 19 Ass. p.6. 19 Ass. p.6. Dyer 117. a. because cause such Rivers are arms of the Sea, so far as the Sea doth flow in them, 22. Ass. p. 93. 22. Ass. p: 93. and lastly, hence it is, that by the Common Law, the King may prohibit all Subjects whatsoever to pass over the Seas without his licence; and to that end in 22 Edw. 4. 22 Ed. 4. the King commanded the Warden of the Cinque Ports, and the bailiffs of all other Ports of the Kingdom, that they should not suffer any Man, Ship, or Boat, to pass beyond the Seas, quousque Rex illud mandaverit, and the like Commandments were given, 4 Edw. 3. 4 Edw. 3. 21 Edw. 3. 21 Ed. 3 16 Rich. 2. 16 Ri. 2. 17 Hen. 6. 17 H. 6. If therefore the king hath such an absolute Interest in the Ports, and in the Sea, and in all Navigable Rivers wherein the King's Ports are situated for the main part, why should he not have the like absolute power to limit and prescribe unto Merchants what duties they shall pay, and upon what terms and conditions they shall pass to and fro upon the Seas, and come in and out of his Streams and Ports with their Ships and Merchandizes? Podagium in Mari debet solvi sicut in terra si sit impositum per dominum Maris, saith Baldus, and the rights belonging to the Lord of the Sea, saith another Doctor, are Ius navigandi, jus piscandi, jus imponendi vectigalia pro utroque. Again, the Kings of England have the like Prerogative in the government of Trade and commerce belonging to this kingdom, as other Princes and States have within their Dominions; he must of necessity have the like absolute power as they all have to lay Impositions upon Merchandizes imported and exported, otherwise he cannot possible hold the balance of Trade upright, or preserve an equality of traffic between his own Subjects and the Subjects of foreign Princes, and consequently it will lie in the power of our Neighbours to drain and draw away all our wealth in a short time, or else to overthrow all Trade and commerce between us and them at their pleasure, and we shall have no means to encounter or avoid the mischief; for their Princes, having sole power to impose, will have the sole making and managing of the Market between their Subjects and us, and consequently may set what price they please upon all Merchandizes, enforcing us to sell our Commodities cheap, and buy their Commodities dear, only by this advantage of laying Impositions. And therefore the King of England must of necessity have the same absolute power to lay Impositions upon merchandizes, as other Princes have, as well, ut evitetur absurdum, as to prevent the ruin of the commonwealth, by the equal balancing of Trade & commerce between his Subjects and the Subjects of foreign Princes. Upon this reason when the Duke of Venice, in the time of Q. Eliz. as is before expressed, had laid an Imposition of one ducat upon a 100 li. weight of currants carried out of his Dominions by any English Merchant, the Queen by special Patent in the twelfth year of the Reign, did enable the Merchants which did Trade into the Levant, to levy five shillings and six pence upon every 100 li. weight of currants brought into England by any Merchant Stranger. Tempore. Upon the like reason, when in the time of King Hen. 8. Henry 8. the Emperor and the French King had raised the valuation of their moneys both so high, as there grew not only an inequality of Trade between their Subjects, and the Subjects of England, but our moneys standing at their former values, were carried out of the Realm in great quantities; The King in the 24 year of his Reign granted a Commission unto Cardinal Woolsey to enhance the values of English moneys likewise, by that means to set balance of trade even again, and to keep our moneys within the Realm. Upon the same reason of State, when the King of Spain The K. of Spain's Imposition in An. 1614 that now is, in the year 1614 had laid an Imposition of thirty upon the hundred on all Merchandizes imported and exported by Strangers; the French King Hen. 4. was quickly sensible of it, and did forthwith impose the like in his Kingdom; then it followed of necessity that other Nations should follow and imitate them, whereby it came to pass that commerce of Merchants generally throughout Christendom, began to decay, which being perceived by these two great Princes, they agreed to take away those excessive Impositions, upon several Treaties between them and the Italians, and after between them and the English, and the Dutch. Briefly we find examples in all ages, that whensoever by reason of war, or for any other cause, any foreign Prince gave the least impediment to Merchants in their Trade, our Princes gave the like entertainment to their Merchants again; This is declared in Magna Charta, cap. 30. Magna Charta cap. 30. where it is plainly expressed what entertainment the Merchants of all Nations should expect in England, Habeant Salvum & securum conductum (saith the Charter) Praeterquam in tempore guerrae & si fuerint de terra contra nos guerrina, then as our Merchants are used with them, so shall their Merchants be used with us, 46 Edw. 3. 46 Ed. 3. The Countess of Flanders having arrested the goods of the English Merchants there, the King in recompense of their losses, granted unto them all the goods of the Flemings in England, whereof there is a notable Record mentioned before, 1 Edw. 3. I Edw. 3. pat. m. 19 in Arch. Turris. There are many other examples of mutual embarments of Trade between the Flemings & us, and also between us and the French men during our Wars with France, which I omit; I will recite only one precedent in the 40 year of Queen Elizabeth, Anno 40. Elizabeth at which times the Merchants of the Haunce Towns having by sinister information procured the Emperor to banish our English Merchants out of the Empire; the Queen by her special Commission, did authorise the Mayor and Sheriffs of London to repair to the Still-yard, being the Hostell of the Haunces, to seize that House into her majesty's hands, and there to give warning to the Merchants of the Haunce Towns to forbear traffic with any of her Subjects in England, and to depart the Realm upon that very day, which was assigned to our Merchants to depart out of the Empire. Lastly, for the ordering and government of Trade among our own Merchants in foreign Countries and at home, our Kings by their Prerogatives have instituted divers Societies and Companies of Merchants, as the Company of Merchant. Adventures, the Muscovia Company the Turkey Company, the East India Company, &c. all which are created, upholden, and ruled, by the King's Charter only; whereupon I may conclude, that the Kings of England having the same power in governing and balancing Trade, as other Princes have, may justly execute the same power, as well by laying Impositions upon Merchandizes, as by the other means which are before expressed. CHAP. XXII. Of the several objections that are made against the King's Prerogative in laying Impositions upon Merchandizes, and the several Answers thereunto. THE first Objection Object. 1. touching the property which all free Subjects have in their goods. First, it is objected, that under a Royal Monarchy where the Prince doth govern by a positive Law, the Subjects have a property in their Goods, and inheritance in their Lands; Ad Reges potestas omnium pertinet ad singulos proprietas, So as the King hath no such Prerogative, say they, whereby he may take away the Lands or Goods of a Subject without his consent, unless it be in a case of Forfeiture. And therefore though Samuel foretold the people when they desired a King, Hoc erit Ius Regis, tollere agros vestros, & vineas, & oliveta, & dare servis suis: Yet Ahab, though he were a wicked King, did not claim that Prerogative when he coveted Naboth's Vineyard, neither did he enter into it until Naboth by false witnesses was condemned and stoned to death for blasphemy, and then he took it for a lawful Escheat; but when the King doth lay an Imposition upon Merchandizes without the consent of the Merchants, and doth cause the Officers of his customs to take and levy the same; it seems sat they, they take away the goods of the Subject without his consent, and without cause of forfeiture, which is not warranted either by Law of Nations, which brought in property, nor by the Law of the Land, which doth maintain property. CHAP. XXIII. The Answer to the first Objection. TO this Objection The Answer to the 1. Object. we answer, That the King doth not take the Land or Goods of any without his consent; but here we must distinguish, there is a particular and express consent, and there is an implicit and general consent, when a man doth give his Goods, or surrender his Lands to the King by deed enroled, or when in Parliament which representeth the body of the whole Realm, and wherein everyman doth give his consent, either by himself, or his Deputy. A subsidy is granted to the King, there is an express consent; but when subjects who live under a royal Monarchy, do submit themselves to the obedience of that Law of that Monarchy, whatsoever the Law doth give to that Monarch, the subjects who take the benefit of the Law in other things, and do live under the protection of the Law, do agree to that which the Law gives by an implicit and general consent, and therefore there are many cases where the King doth lawfully take the goods of a Subject without his particular & express consent, though the same be not forfeited for any crime or contempt of the Owner. If a thief do steal my goods and waive them, the King may lawfully take those goods without my particular consent, and without any fault or forfeiture of mine; but in regard I live under the Law, which giveth such waives unto the King, he taketh not the same without my implicit consent; so if my Horse kill a man, the King may lawfully take my Horse a Deodand without my fault or consent in particular; but in that I have consented to the obedience of the law which giveth all Deodands to the King, he taketh not my Horse without the implicit or general consent of mine. In the time of War the King doth take my House to build a Fort, or doth build a Bulwark upon my Land, he doth me no wrong, though he doth it without my consent, for my implicit consent doth concur with it, for that I being a member of the Common-weal, cannot but consent to all Acts of necessity tending to the preservation of the commonwealth. So if the King doth grant me a Fair or Market, with a power to take a reasonable Toll; If a man will buy any thing in my Fair or Market, I may take Toll of him, though I give no particular consent to the grant, because the Law whereunto every Subject doth give consent and obedience, doth warrant the taking of Toll in every Market and Fair granted by the King. So it is in case of Impositions, the Law doth warrant the King's Prerogative to impose upon Merchandizes, as is before declared, and therefore though the Merchants give not their particular consents to the laying of these Impositions, yet in regard they live under the protection and obedience of the Law, which submits itself to this Prerogative, and allow and approve the same; it cannot be said that the King doth take these Impositions of them without their implicit and general consent. CHAP. XXIV. Of the second objection touching the uncertainty and unbounded largeness of this Prerogative. THe second Objection Object. 2. is against the uncertainty and unlimited largeness of this Prerogative, for in other cases they say, where the King taketh the goods of a Subject by his Prerogative, there is a certainty what he may take, as in the case of way us, he may take only the goods waived, and no more. In case of Deodand, he may take only the thing that causeth the death of a man, and no more. In case of wreck, he may take only the goods that are wrecked, and no more. In case of Wardship of Land holden in Capite, the King may take the profits of the Land, till the Heir sues his Livery, and no longer. In case where the King hath Annum Diem & vastum, he may retain of the Lands of the Felon attainted, which are holden of other Lords for a year and a day, and no longer. In all these cases there is a certainty what the King shall have, and how long he shall have it; but in case of Imposition, the quantity or rate thereof high or low, is left to the Kings own will or pleasure; so as if he should be misled, as many Princes have been, with evil counsel, he might with his Prerogative do hurt the Common-wealth, by laying too heavy burdens upon his Subjects; for though hitherto his Majesty hath imposed upon Merchandizes only twelve pence on the pound over and above the ancient custom and the Subsidies granted by Parliament, yet this Prerogative being unlimited, he may hereafter (say they) set five shillings or ten shillings upon the pound, if it please him, and so undo the Merchants, or discontinue and overthrow all Trade and commerce. CHAP. XXV. The Answer to the second Objection. TO this Objection The Answer to the 2. Object. the fittest answer is, That it is an undutiful Objection, and withal too busy, too bold, and too presumptuous; for it is an Objection against the wisdom of the King in point of Government, and against the bounty and goodness of the King towards his people: the Text of the Civil Law cited before, doth call it a kind of Sacrilege to dispute of Prince's judgements or Actions; and for the Law of England, sure I am, that it trusteth the wisdom and Judgement of the King alone in matter of greater importance than in laying of Impositions, or setting of rates upon Merchandizes. Is not the King's wisdom only trusted with the absolute power of making War and Peace with foreign Nations, whereby he may when he pleaseth interrupt all Trade of Merchandizing? Is not the King alone trusted with the like power of making and decrying of moneys which is the only Medium of all traffic and commerce? Is not he solely and without limitation trusted with the nomination and creation of all Judges and Magistrates, who are to give Judgement in cases concerning the Liberties, Lands, and Lives of all his Subjects? hath not he a sole and unlimited power to pardon all Malefactors, to dispense with all penal Laws, to distribute all Honours, to grant to whom he pleaseth Protections, Denizations, Exemptions, not only from Juries, but from all other Services of the commonwealth? and yet these Prerogatives if the same be not used with judgement and moderation, may prove prejudicial to the commonwealth, as well as the laying of Impositions upon Merchandizes. Shall therefore any undutiful Subject make these conclusions? The King may have a continual war with foreign States and Princes, and so continually corrupt all courses of Merchandizes; Ergo, he shall lose his Prerogative of making War or Peace, when himself in wisdom shall think fit so to do. The King may decry all moneys of Gold and Silver in Bullion, and establish a Standard of Copper or Leather; therefore he shall coin no moneys without the consent of the people. The King may if he please, break up all the Prisons, pardon all Offenders, and so give impunity to all Offenders; Ergo, he shall pardon no Malefactors by Act of Parliament. These are found absurd, or rather wicked conclusions, à posse ad esse is an absurd Argument, but à posse & nolle nobile est. The Law presumes the King to be so noble and so wise, that all Acts done by him, or in his Name during his Infancy, are of as good force in Law, as if the Law had been done in his ripest years. The Law presumes the King to be most just in all his actions, & therefore it hath these rules; the Prerogative of the King can do no wrong, the King can commit no disseisin, the King can make no discontinuance, and the like, Cor Regis in manu Domini, saith Solomon, Solomon. and therefore the Law presumeth, that God will ever direct him to that which is just; is it not then too much curiosity to instruct where the Law trusteth, and too much presumption to presume against the presumption of the Law, especially in the time of such a King who is the wisest, and justest, the most religious, and most gracious King that ever reigned in Europe? Can any man imagine that so great a Master in the Art of Government, the most prudent King of great Britain & Ireland, the two greatest Islands in this Hemisphere, and seated most commodiously for traffic, which all the World knowing that the duties paid unto him for Merchandizes, are the most certain, settled, and assured, and withal the best and richest part of his Revenues at this day, will lay heavier Impositions upon Merchandizes than they are able to bear, and so destroy all Trade and commerce? When King Hen. 7. Henry 7. his most prudent Predecessor, did lend money to his Merchants to maintain traffic, will he for a little extraordinary profit for the time present, pluck up at once the Root, and dry up the Fountain of this Revenue for the time to come? it is unprobable, it is uncredible, it is impossible; But suppose that this is credible, that the King should lay such heavy Impositions upon Merchandizes, as all Merchants should refuse to traffic, who should lose most by that, the King or his people? assuredly he should suffer an exceeding great loss in his customs; but we that are of the Commons should save by it, having all things necessary for the Life of man within the Land, which is. Terra suis contenta bonis, non indiga mercis. Poeta. We should spare these vain expenses which we now make upon foreign Commodities, namely cloth of Gold, cloth of Silver, Silks, Spices, Wines, and many other superfluous & unnecessary things, which do nourish Pride, and Luxury, Riot and excess amongst us, which corrupt our manners, and in the end will be the ruin of the commonwealth; I may therefore conclude this point, That since the King hath power by his Prerogative to lay Impositions upon Merchandizes, he hath also a power coincident thereunto, to limit and rate the proportion and quantity thereof, according to his own wisdom & reasons of State, from time to time; for either the King must set down the rates, or the people, or the King and people both by Act of Parliament; but if the people will not assent or agree to a reasonable limitation thereof in Parliament, shall the King lose those Royal Duties which all other Kings do take by virtue of their Prerogative? it were most unreasonable, absurd, and unjust. CHAP. XXVI. The third objection, touching the repeal of Charta Mercatoria by King Edw. 2. and the remittal of divers Impositions by king Edw. 3. upon sundry Petitions of the commons in Parliament, and the punishment of divers Persons in Parliament for procurtng Impositions to be set up. THirdly, it is objected, Object. 3. that this Prerogative of laying Impositions upon Merchandizes, hath never at any time been set a foot and used by any of His majesty's Progenitors, but it hath been contradicted, and upon Petitions of the people, such Impositions have been suspended, remitted, and abolished; first, King Edw. 1. say they, in the 31 year of his Reign, did by his Charter called Mercatoria, spoken of before, lay the Imposition of three pence in the pound, now called the petty-custom, with an increase of other duties upon Merchandizes imported by Strangers; howbeit, this Imposition stood not above seven years by virtue of that Charter, but it was discontinued and quite taken way; for in 3 Edw. 2. the Charter itself was suspended by the King's Writ, 3 Edw. 2. 3 Edw. 2 Claus. m. 23. in Arch. Jurris, and 5 Edw. 2. 5 Edw. 2. it was utterly repealed by a solemn Ordinance of State, Rot. Ordina. 3 Edw. 2. in Arch. Turris. Secondly, King Edw. 3. did at sundry times during his Reign, lay several Impositions upon wools and other Staple commodities, sometimes forty shillings, sometimes fifty shillings upon a Sack of wool, and other the like rates upon Merchandizes, yet could he never fix nor settle the same upon His Subjects; for upon sundry Petitions of the Commons in Parliament, who found themselves grieved therewith, these Impositions were from time to time remitted, 13 Edw. 3. 13 Ed. 3. Rot. Parliament. in Arch. Turris. 14 Edw. 3. 14 Ed. 3. cap. 21. 17 Ed 3. Rot. Parliament. numb. 12. 12 Ed. 3. 12 Ed. 3. Rot. Parliament. numb. 11. Again, the same King many times did shut up all the Ports, and thereby restrained the exportation of Merchandizes; then would he take great sums of Money to grant licences to transport, which proved as great a charge as Impositions, and yet upon sundry complaints of the people in Parliament, the Sea was set open, and liberty of Trade permitted again, Stat. 18 Edw. 3. 18 Ed. 3. cap. 3. 22 Edw. 3. 22 Ed. 3. Rot. Parliament. numb. 8. in Arch. Turris: 13 Edw. 3. in Sccio Angliae. Rot. 12. 13 Edw. 3. 13 Ed. 3. Rot. Parliament. numb. 5. in Arch. Turris. Lastly, in the last year of this King's Reign, divers persons were accused and punished in Parliament, for procuring new Impositions to be set upon Merchandizes, namely, the Lord Latimer, Lord Latimer who albeit he were a Noble man, and a Privy Counsellor to the King, yet was he fined, committed to the Mafhalsce, and put out of the Council, 50 Edw. 3. Rot. Parliament. nu. 34 in Arch. Turris. Richard Lions Richard Lions. likewise, a Citizen of London, and Farmer of the customs, an Instrument of the L. Latimer's in raising the new Impositions, was fined, ransomed, and imprisoned, and put from the Franchise of the city. 50 Edw. 3. Rot. Parliament. numb. 17. in Arch. Turris. And one John Peachy, I. Peachy who had gotten a monopoly of Sweet Wines, by Letters Patents, and by colour thereof had extorted three shillings and four pence out of every Pipe or vessel of Wine vented by others, was also fined and imprisoned, and made satisfaction to the parties grieved, 50 Edw. 3. 50 Ed. 3. Rot. Parli. numb. 33. Rot. Parli. numb. 33. and more than this, a Bill was preferred by the Commons in this Parliament, that such as should set new Impositions, should have Judgement of life and member, 50 Edw. 3. Rot. Parliament. num. 191. in Arch. Turris. 50 Ed. 3. Rot. Parl. num.191. in Arch. Turris. These examples struck such a terror at that time, as from the time of King Edw. 3. till the Reign of Queen Mary, being a hundred and fifty years and upwards, there was no man found that would advise the King of England to set or levy any Impositions upon Merchandizes by Prerogative, and therefore we find no Imposition laid upon Merchandizes all that space of time; Queen Mary indeed began to set on foot this Prerogative again, and laid an Imposition of three shillings and eight pence upon every Cloth transported out of the kingdom; but what doth the Lord Dyer report, 1 Eliz. f.165? Dyer. 1 Eliz. fol.165. the Merchants. of London (saith he) found themselves greatly grieved, and made exclamation and suit to Queen Elizabeth to be disburdened of that Imposition, because it was not granted by Parliament, but assessed by Queen Mary her absolute power; these frequent Petitions, complaints, and exclamations, these suspensions and remitals of Impositions, are good arguments (say they) against the right of this Prerogative. CHAP. XXI. The Answer to the third Objection. THis Objection consisteth of several parts, and shall receive an Answer The Answer to Object. 3. consisting of divers parts; the first part of this answer, King Edw. 1. being a prudent and resolute Prince, did not only impose the three pence upon the pound upon Merchant Strangers, by his Charta Mercatoria, but justified and maintained that Imposition during his life. True it is, that after his death, King Edw. 2. it was repealed, as is before objected; but whose Act was this? by whom was this Ordinance made, which did repeal this Charter? not by the King and his Parliament, but by certain rebellious Barons, who took upon them the Government of the Realm, and called themselves Ordainers; Wherefore King Edw. 3. in the first year of his Reign, did revive that Charter, and commanded by his Writ that the customs and Duties therein contained should be collected and levied to his use; He maketh mention of these Ordinances of 5 Edw. 2. 5 Edw. 2: and saith the same were made per quosdam Magnates, and not by the King, as appeareth by the Record, 1 Edw. 3. Rot. fin. memb. 30. in Arch. Turris, which in another place before I have recited, by which Record it likewise appeareth, that those Ordinances 5 Edw. 2. were before that time repealed and made void, and therefore that which was done in that time of that unfortunate Prince, overruled by his unruly Barons, is not to be urged and used as an example, especially since they that urge this repeal of Charta Mercatoria, might, if they would find any thing which makes against their contradicting humour, find in the said Roll of Ordinance, made in 5 Edw. 2. divers Arcles wherein those Ordainers did wrong and wound the Prerogative in matter of greater importance than in the repeal of that Charter, for they might have found among the same Ordinances these things ordained. First, that the King should not make gifts of Lands, Rents, Franhises, Wards, or Escheats, without the consent of the Ordainers. Secondly, that all gifts and grants formerly made by the King, not only of Land and other things in England, but in gascony, Ireland, and Scotland, should be resumed and made void. Thirdly, that the King should not depart out of the Realm, nor make war, without the assent of his Barons, and of his Parliament. That because the King was misguided and counselled by evil counsellors, it was ordained, that all his Counsel should be renewed, and new Officers and Servants appointed for him. These traitorous Ordinances were made against the King at that time, and therefore it is a shame that any part of these Ordinances should be made an argument against the right of the Crown in laying Impositions upon Merchandizes; for with the same reasons they might argue the King had no right to grant his Lands, Rents, Wards, or Escheats, that he might not go out of the Realm, nor make war, nor choose his own counsellors or Servants without an Act of Parliament; and it is manifest, that those factious Barons did cause the King to forego the said Impositions, rather ad faciendum populum, and to gratify the Commons, and to draw them to their party, than for the good of the Common-wealth; for if they had been good counsellors they would have done as the Senate Senatus Rome. of Rome did, when Nero in a glorious humour to please the people, would needs have discharged at once all customs and Impositions; the Senate gave him thanks for his favour towards the people, but utterly dissuaded him so to do; telling him, that in so doing, he would ruin the state of the commonwealth; for indeed no commonwealth can stand without these duties, they are Nervi, they are succus & sanguis Reipublicae, and therefore no Common-wealth was ever without them, but the imaginary commonwealths of Plato and Sir Thomas More, for they do both agree; for in the commonwealths of which they dream, there was nothing to be paid for Merchandizes exported and imported. But to return to King Edw. 2. what followed upon the Repeal of Charta Mercatoria, and the discharge of Impositions which King Edw. 1. established? was not that poor Prince King Edw. 2. enforced to take up great sums of money of his Merchants, by way of loan, which he never repaid again? 11 Edw. 2. Rot. fin. m. 12. whereby the Merchants received a greater detriment than if they had made a double payment of customs and Impositions which the King had discharged, and therefore the example of this weak Prince doth make but a weak argument against the right of the Crown, in laying Impositions upon Merchandizes; and here I think it fit to observe that they were all wise and worthy Princes which are spoken of in former ages, to have laid Impositions upon Merchandizes, namely Solomon Solomon. in the Holy Land, Julius Caesar Julius Caesar. and Augustus Caesar Augustus Caesar. in the Empire, King Ed. 1. Edw. 1. and King Ed. 3. Edw. 3. in England; but on the other part, they which released all customs and Impositions, were but weak Princes, and destroyed themselves and the commonwealth wherein they lived; namely Nero Nero. in the Empire of Rome, King Edw. 2. Edw. 2. and King Rich. 2. Rich. 2. with us; and truly by the rule of our Common Law, the King cannot, if he would, release all Subsides and Aids of his Subjects, that they should be for ever discharged of all Subsidies to be given to the Crown, such a grant were made void, and against the Law. Secondly, touching the Petitions exhibited to the King in sundry Parliaments, against Impositions laid by that King upon Merchandizes, upon view of the Record wherein these Petitions are contained, with their answers made by the King thereunto, it is evident, that neither the Petitions of the people, nor the King's answers thereunto, do disprove this right of the Crown to lay Impositions upon Merchandizes; for Petitions do not of necessity prove or suppose the Petitioners have received wrong; Petitions are of divers kinds. 1. There are Petitions Petitions are of divers kinds, & have divers Answers. of Grace, which do not insist upon any right, but upon mere Grace and Favour. 2. There are Petitions of Right, wherein the Petitioner doth set forth a pretended right, and yet perhaps upon examination it is found that they have no right at all, and commonly they ask more than their right is, Iniquum petas ut aequum feras. 3. There are Petitions Armatae, when a company of Rebels armed against the Crown, do yet prefer their Petitions, but with an intent to effect their desire, whether it be right or wrong, if their Petitions be not granted, Et stricto supplicat ense petens, many of their armed Petitions were exhibited during the Baron's Wars, during the Wars of Lancaster and York, and in sundry popular comotions since the Conquest; but these Petitions which we speak of were made by the Commons, or by some factious Spirits, in the name of the Commons, in sundry Parliaments holden during the Reign of King Edw. 3. howbeit, if we look upon the form of these Petitions, we shall find there is nothing sought but Grace and Favour; and if we consider the King's answers, though many of them be very gracious, we shall find him therein much reserved, and withal circumspect not to prejudice or conclude his Prerogative in point of right; the form of these Petitions was for most part but thus, The Commons pray, that the Imsitions or Maletolt of forty shillings upon every Sack of wool may cease or be taken away, and that the custom of the demi mark may only be taken: Or thus, The Commons pray, that the passage of the Sea may be open to all manner of Merchants and Merchandizes, as it had been in former times; herein we find no claim or challenge of right, but a modest prayer of Grace and Favour, unless the word maletolt Mayletolt may seem to imply a wrong, because some do conceive that the word doth signify an evil Toll, whereas indeed the word doth signify Toll-money, for mail in old French is a small piece of money, and therefore the rents taken by force in the Borders of Scotland, was called Blackmayle, and the word maletolt, in some of our old Statutes is taken in bonam partem, which speaks of droitural maletolts. But in what form doth Edw. 3. make his Answers to those Petitions? in divers forms, according to the diversity of the occasions & reasons of State, but always in a gentle and gracious manner, sometime he granteth the Petition in part only, for a certain time, or after a certain time expired, that his people may know, that as he receiveth part of the Petition, so he might have rejected the whole if he might have been so pleased; sometimes he granted the whole Petition, yet not absolutely but conditionally, that he may receive a greater recompense; but wheresoever he doth frankly yield to remit any Imposition, we find in the same Record a Subsidy granted unto him of far greater value and profit than the Imposition by him remitted, wherein we perceive that he followed the wise counsel of Roaboham's old counsellors, given in the like case of Impositions, 3 Kings cap. 12. 3 King's cap. 12. Se hodie obedieris populo huic & petitioni eorum cesseris locutusque, diebus, &c. Sometimes he gives a general or doubtful answer, and sometimes he is silent and gives no answer at all; so as he doth never bind nor conclude himself by any of those answers to those Petitions, but with such reservation as he might still make use of his Prerogative in laying Impositions upon Merchandizes; to demonstrate this point more plainly, it were not amiss out of many Records which I have seen, and whereof I have the Copies transcribed out of the Records themselves, with mine own hands, to select and set down some of those Answers in any of the kinds aforesaid. In 14 Edw. 3. cap. 21. 14 Ed. 3.cap.13. the Commons pray the King that he would grant an Act of Parliament that no more custom should be taken for a Sack of Wool but a demi mark, nor for Lead, nor Tin, nor Leather, nor wool-fells, but the old customs. This Petition is general and extending to all Staple Comodities without exceptions of persons, or limitation of times; but what is the King's answer? That from the Feast of Pentecost, which cometh, unto a year, neither he nor his Heirs shall take of any Englishman for a Sack of wool, more custom than the half Mark, upon wool-fells, and Leather, no more than the old custom. Here this Petition is granted but in part; First, in respect of the persons, for Englishmen only are favoured, and Strangers are omitted; Secondly, only in respect of the Commodities, for wool-fells and Leather only are exempted, and Tin and Lead remain to be charged as before; Thirdly, in respect of the time, for the King continueth his Impositions formerly laid for a year and more, notwithstanding that Petition. But let us see withal what the King did gain in Parliament, upon yielding to the people's Petition but in part; in the first Sessions of this Parliament, it was granted that every man who should ship wools over the Seas, should find Sureties to bring in upon his first return, for every Sack of wool, two Marks of Silver, Plate or Bullion, and to deliver it to the King's Executors; and in the next Sessions there was granted unto him the ninth Fleece, the ninth Lamb, and the ninth Sheaf of Corn throughout the Realm, which the people did often times redeem with a gift of twenty thousand Sacks of Wool. Here we see the fruit that the King made by following of Rehoboam's old counsellors, & yet out of this grant and remission made by the King, who can draw an Argument against the King's right in laying Impositions upon Merchandizes? Again, 29 Edw. 3. Anno 29 Ed. 3. when there lay an Imposition of forty shillings upon a Sack of wool above the old customs, A conference was had between the Lords and Commons in the White Chamber at Westmin. where after a short Parliament, saith the Record, 29 Edw. 3. Rol. Parliament. numb. 11. in Arch. Turris. It was concluded, that the King should have a greater subsidy out of wool, wool-fells, and Leather, for six years; so as during that time, the King did lay no other Impositions or Charge upon the Commons. Here is a conditional agreement between the King and the people, and here the King doth remit his power of Imposition, for a recompense of greater value. And this is a strong Argument, That the King had right to impose, otherwise the people would never have bought their freedom from Impositions at so high a rate or price. The like conditional agreement between the King and the people, we find in 6 Edw. 3. Rot. Parliament. numb. 4. 6 Edw. 3. Rot. Parl. nu.4. 13 Ed. 3. Rot. Parliament. numb. 5. 13 Edw. 3. Rot. Parl. numb.5. 18 Edw. 3. Rot. Parliament. numb.10.26.in Arch. Turris. 18 Ed 3. Rot. Parl. nu.10.26 in Arch. Turris. In 28 Edw. 3. Rot. Parliament. numb. 26. 28 Ed. 3. Rot. Parl. numb. 27. The Commons complain of an excessive Imposition upon wool-fells, and desire that the old custom might he paid. The King's Answer is, the old custom ought not to be withdrawn. In 38 Edw. 3. Rot. Parliament. numb. 26. 38 Ed. 3. Rot. Parl. numb.26. The Commons desire that an Imposition of three shillings and four pence upon every Sack of wool at Calais, and all unreasonable Impositions, be repealed. The King's answer unto this is, It pleaseth the King that all unreasonable Impositions be repealed; like unto this is that answer which is contained in the Parliament Rolls of 6 Edw. 3. numb. 4. 6 Edw. 3. Rot. Parl. numb.4. in Arch. Turris. When Petition was made for remittal of Impositions, I shall saith the King, assess no such Tallages in time to come, but in manner as it hath been in time of mine Ancestors, and aught to be by reason. Can any wit of man pick any Arguments out of these Answers against the right of the Crown, in setting Impositiout upon Merchandizes? Lastly, in 13 Edw. 3. Rot. Parliament. numb. 13. the Commons pray, that the Maletolts of wool may be taken as it was used in former times, being then enhanced without the Assent of the Commons. To this Petition there is no answer found of Record, the King is silent, and gives no answer at all; which doubtless the King had not refused to do, if the Petition had been exhibited in point of right, and not in point of favour. Thirdly, touching the punishing of the persons before mentioned, for procuring of new Impositions to be set upon Merchandizes, we are to consider two circumstances; first, the time when, and next the causes wherefore these persons were called in question. The time when these persons were called to account, was a Parliament holden in 50 Edw. 3. the last year of that King's Reign, at which time that great and renowned Prince, who had been formerly assisted by a most wise and politic council, was become weak and stupid, and almost in despair, through sickness, age, melancholy, conceited upon the death of his eldest Son the Black Prince, and suffered himself to be ●ll-governed by a Woman called Alice Perrey, and her Favourite the Lord Latimer; upon which occasion and advantage, the Commons grew more bold than they were wont to be in former Parliaments, and therefore if aught had been done in that Parliament, which might prejudice the King's Prerogative, it is ●ot to be urged as an example or presi●ent in these times; but in truth, the ●auses for which these persons were cen●ured, do rather approve the right of the Crown in laying Impositions, than any way disaffirm the same. First, Richard ●ions, a Farmer of the customs, was accused in this Parliament by the Commons, that he had set and procured to be set upon wool, and other Merchandizes, certain new Impositions without assent of Parliament, converting the same to his own use without control, the High Treasurer not being acquainted therewith, the said Richard assuming to himself in divers things as a King, 50 Edw. 3. Rot. Parliament. numb. 17, 18, Lionscase 50 Ed. 3. Rot. Parl. nu.17,18. 19, 20. This was his Accusation, and though his answer were, that he set those Impositions by the King's Commandment, yet did he show no Warrant for it, and therefore was justly punished with fine, ransom, disfranchisment, and imprisonment. But how may this insolency and misdemeanour of a Subject, be an argument against the right or Prerogative of the King? Lions a Merchant of his own head cannot set Impositions upon Merchandizes; Ergo, King Edw. 3. a Monarch, of his royal Authority cannot do it; what an absurd argument were this? as if a man should say, it were High Treason in a Subject to coin money; Ergo, the King himself cannot do it, or cause it to be done; besides, the accusation itself doth imply, that the King hath power to impose upon Merchandizes, because Lions is charged, being a Subject, to take upon him as a King in divers things, & namely, in setting of impositions; as if they should have said a King may do it, but not a Subject, according to the rules of the Imperial Law, Solus Princeps instituit vectigalia Regni tantum juris & muneris est indicere vectialia, imponere vectigalia maximi Imperii est, inferior a Principe non potest imponere, and the like. And the Bill exhibited by the Commons in this Parliament, 50 Edw. 3. Rot. Parliament. 191. praying that those that should set new Impositions by their own Authority, encroaching unto themselves Royal Power, might have Judgement of life and member, seemeth to be grounded upon good reason, and doth prove it is a Mark of sovereignty and royal Power to set Impositions; and therefore if a Subject of his own head, of his own authority will presume to do it, he is worthy to die for it; and yet this Bill did receive but a general answer, viz. Let the Common Law run as it hath been used heretofore. Touching the Lord Latimers' Lord Latimers' case censure, he had not only upon his own head and authority set sundry Impositions upon Merchandizes at Calais, where the Staple there was much decayed; but he was charged with sundry other misdemeanours mentioned in the said Roll, namely, that he brought in divers Tallies and Tickets, whereby the King was indebted unto his soldiers and Pensioners, for which he gave little or nothing to the parties, and yet had an entire allowance in the Exchequer, to the great damage of the King, and scandal of the Court; that he had also deceived the King of the pay and wages which he had sent unto his soldiers in Britain; that he had sold a great quantity of the King's provisions for his Army there, and converted the same to his own use; and that he had delivered up the Town of Saint Saviours in Normandy, and the Town and Fort of Betherell in Britainy, not without suspicion of Corruption and Treason. How can the Lord Latimers' censure for these deceits and misdemeanours make an argument against the right of the Crown in laying Impositions upon Merchandizes? And the like may be said of the punishment of John Peachy, Peachy's Case. who having got a Patent that none should sell sweet Wines within the City of London but himself, his Deputies, and assigns, by colour thereof did extort three shillings and four pence, out of every Pipe or vessel of sweet Wine sold by others within the City. Shall this extortion committed by a Subject, by colour of a Patent, where perhaps the Patent doth not warrant it, be objected as an argument, that the King himself might not lay the like insition upon every Pipe or Vessel by virtue of his Prerogative? therefore the punishment of these persons was not the cause, that for an 150. years after that, no Impositions were laid upon Merchandizes by Prerogative; but the Princes who succeeded Edw. 3. until Queen Mary, did forbear to use their Prerogative in that kind, for those other notable and true causes which are before at large expressed in the seventeenth Chapter. Lastly, touching the Imposition of six shillings and eight pence upon every Cloth, laid by Queen Mary, after the loss of Calais; she held the same with a new Imposition upon French Wines, without any question during her life; and albeit complaint were made against the Imposition set upon clothes unto Queen Elizabeth, upon her first entry (as it is usual for the people to complain of burdens and charges upon every change of Government.) Yet we find that after the Conference of the Judges spoken of by my Lord Dyer, 1 Eliz. f. 165. 1 Eliz. Dyer. fol.165. Dyer. (though their resolution be not their reported) Queen Elizabeth did continue that Imposition, and also the Impost upon French Wines, as being lawful set for the space of forty four years without any further contradiction; besides, Queen Elizabeth did raise divers other new Impositions, as is before declared, whereunto there was never made any opposition during her Reign, and which His Majesty that now is, hath received without any question for the space of fifteen years; and thus much may suffice for answer to the several points in the third Objection. CHAP. XXVIII. The fourth Objection, that the Prerogative is bound or taken away by divers Acts of Parliament. FOurthly, It is objected, Object. 4. That though it were granted and admitted, that the King de jure communi, hath a rightful Prerogative to lay Impositions upon Merchandizes, yet that power say they, is restrained and taken away by sundry Acts of Parliament. First, the Statute of Magna Charta, cap. 30. doth give safe conduct and free passage to all Merchants to buy and sell, absque aliquibus malis tolnetis per antiquas & rectas consuctudines. Secondly, by the Act or Charrer of confirmation in 25 Edw. 3. The King doth release a maletolt of forty shillings upon a Sack of wool, and doth grant for him and His Heirs, unto the Commons, that he shall not take such things without the Commons consent or good will; and in the same Act or Charter reciting, that whereas divers people of the Realm were in fear, that the Aids and Taxes which they had given to the King before that time, was towards his War, and other businesses of their own grant and good will, might turn to a bondage of them and their heirs, because in time to come they might be found in the Rolls, and were likewise grieved for Prizes taken through the Realm, The King doth grant for him and his Heirs, That he will not draw such aids, Taxes, or Prizes, into a custom, for any thing that had been done before that time, be it by Roll or any other precedent that may be found. Thirdly, by the Statute 14 Edw. 3. cap. 12. the King doth grant that all Merchants Denizens, and Aliens, may freely come into the Realm with their goods and Merchandizes, and freely tarry there, and safely return, paying their customs, Subsidies, and profits thereof, reasonably due. Fourthly, by the Statute 11 Rich. 2. cap. 9 it is enacted, That no Imposition or Charge be put upon Wools, wool-fells, or Leather, other than the custom or subsidy granted to the King in that Parliament, if any be, the same to be adnulled and repealed, saving to the King his ancient right; there are other Acts of Parliament containing the same sense and substance, but these principally have been singled out, and cited as specially Statutes restraining and taking away the King's Prerogative in laying Impositions upon Merchandizes. CHAP. XXIX. The Answer to the fourth Objection. TO this Objection first I answer, The Answer to the forth Object. That this being a Prerogative in point of Government, as well as in point of profit, it cannot be restrained or bound by Act of Parliament, it cannot be limited by any certain or fixed Rule of Law, no more than the course of a Pilot upon the Sea, who must turn the helm, or bear higher or lower sail according to the wind and weather; and therefore it may be properly said, That the King's Prerogative in this point is as strong as Samson, it cannot be bound; for though an Act of Parliament be made to restrain it, and the King doth give his consent unto it, as Samson was bound with his own consent, yet if the Philistines come, that is, if any just or important occasion do arise, it cannot hold or restrain the Prerogative, it will be as thread, and broken as easy as the bonds of Samson; and again, Ius imponendi vectigalia inhaeret sceptro, saith the Law imperial, & quod Sceptro inhaeret non potest tolli nisi sublato Sceptro. The King's Prerogatives are the sunbeams of his Crown, and as inseparable from it as the sunbeams from the Sun; The King's Crown must be taken from his head, before his Prerogative can be taken away from him; Samsons hair must be cut off, before his courage can be any jot abated. Hence it is, that the King's Act, nor any Act of Parliament can give away his Prerogative; for in his own Act the King cannot release a tenure in Capite, nor grant it to any Subject, Dyer 44. Dyer 44. If the King grant Land to I.S. to hold as freely as the King himself holds his Crown, he shall hold his Land still of the King in Capite, and if he Alien it he shall pay a Fine, for the tenure is vested in the King by his Prerogative, saith the Book, 14 Hen. 6. 12. and therefore when King Edw. 3. did grant unto the Black Prince his eldest Son, the duchy of Cornwall, una cum omnibus wardis maritagiis & releviis, &c. non obstante Prerogativa Regis, the Prince could not seize a Ward that held of the King's Ward, who held in Capite of the King, because it belonged to the King by his Prerogative. 34 Ass. pl. 25. whereby it is manifest, that the King by his own Grant cannot sever his Prerogative from the Crown, nor communicate any part thereof to any one, not to the Prince his eldest Son; and in this case of Tenure it was resolved in the last Assembly of Parliament in England, That no Act of Parliament could be framed by the wit of man, whereby all Tenures of the Crown might be extinguished; neither can any Act of Parliament in the flat Negative, take away the King's Prerogative in the affirmative. The King hath a Prerogative in the affirmation, that he may pardon all Malefactors; There is a Statute made at Northampton, 2 Edw. 3. Statute of Northampton. 2 Edw. 3 That no Charter of pardon for killing a man should thence forth be granted, but in one case, where one man killeth another in his own defence by misfortune: Hath this Statute so bound the Prerogative, as no man ever since hath been pardoned for killing a man, but in the cases before mentioned? The King hath a Prerogative in point of Government, to make choice of the Sheriff in every County; there is a Statute made, 28 Edw. 3. cap. 7. That no man shall be Sheriff two years together, and that no Commission shall be granted or renewed for the year following, to him that hath been Sheriff the year before; Was the King's Prerogative bound by this Statute when he granted the Sheriffwick of Northumberland, to the Earl 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 commendum. There is a Statute made 7 Edw. 3 in Ireland, whereby it is enacted and declared, that the King's dispensation in this case shall be utterly void, if it be not by Act of Parliament; did this Statute so derogate from the King's Prerogative, and so restrain it, that he might not only by his Letters Patents, Grant commendamus, before the Statute of 28 Hen. 8. in this Realm? assuredly the King's dispensation non obstante the Statute would have taken away the force thereof, as if no such Law had ever been made: There are manyother cases of like nature which I omit; as for the particular Statutes before recited, the words thereof are too general to bind or restrain this Prerogative in laying Impositions upon Merchandizes. First, that Statute of Magna Charta doth give safe conduct to all Merchants to come and go, and to tarry within the Realm, and to buy and sell their Merchandizes, sine malis tolne●is per antiqnas & rectas consuetudines. How do these general words restrain the King's Prerogative in this Case? for the ancient Common Law of the Land, which is the Common custom of the Realm, doth warrant and approve the King's Prerogative in laying Impositions upon Merchandizes, as before I have fully and clearly proved, than a reasonable Imposition laid by the King is Antiqua & rect a consuetudo warranted and approved by the Great Charter. Secondly, albeit King Edw. 1. by Act or Charter of confirmation of Charta Mercatoria, made in Anno 25. of his Reign, doth release the Maletolt of forty shillings upon a Sack of wool; 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 King's 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 days being considered, and compared with the plenty of money at this day, might then be said to be a great burden, and yet this strong band doth not bind K. Ed. 3. his grandchild but that, notwithstanding this Charter or Act of Parliament, he took these things in greater quantities, sometimes forty shillings, sometimes fifty shillings, upon a Sack of wool, when the Philistines came upon him, that is, when the Wars of France, and other urgent occasions did press him to it; as to the other Article contained in the Act or Charter of 25 Edw. 3. where it is said the people did fear, left the Aids and Taxes granted of their good will to the King might turn to a bondage to them and their heirs, 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 aids and Taxes into a custom; that Act in this point restraineth not the King's Prerogative in setting Impositions upon Merchandizes, for it speaketh only of aids and Taxes willingly granted by the people in Parliament, & therefore I marvel that this Article was ever objected or used as an argument against Impositions; and where●● the King doth grant that such aids shall not be drawn into a custom, such words are usual 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 precedent 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 King's Prerogative in this case, than any way impugn or impeach it, for by that Law free passage is granted to all Merchants, paying the customs, Subsidies, and profits thereof reasonably due. Now certain it is, that all duties payable to the King for Merchandizes, are of three kinds only, customs, 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 King's Prerogative only, 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 express terms, that no Imposition or Charge be laid upon wool, wool-fells, or Leather, other than the custom or Subsidy granted in that Parliament, yet it saveth always 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 King's Prerogative, and had been observed literally and punctually until this time, the King should only have had at this day the Demi mark for our own Staple Wares, and perhaps the three pence custom for foreign Commodities, and no more. What an inconvenience, what an absurdity had this been at this day, when all foreign Princes have raised their customs to an exceeding height? when as I have noted before the necessary expenses of the Crown are so much increased, 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 King's Revenue within the Land is so much improved; Is it fit that Duties payable for Merchandizes should stand at a stay and keep the old rates without augmentation? CHAP. XXX. The fifth Objection, that Tonnage and Poundage were never taken, but when the same was granted by Parliament. FIftly, it is objected, Object. 5. 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 itself, 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 exchequer were so empty, as the jewels of the Crown were laid to pawn by some of those Kings who were glad to take these Subsidies by Acts of Parliament. CHAP. XXXI. The Answer to the fifth Objection. THe Answer to this Objection The Answer to the 5. Object. is twofold; First, That which is objected is not true, for Tonnage and Poundage have been taken by the King's Prerogative without Act of Parliament; Secondly, If it had been true, it is no Argument against the King's Prerogative in this point, for what is Tonnage but a certain sum of money payable for every Tun of wine imported? did not King Edw. 3 by force of his Charter Mercatoria, without Act of Parliament, take two shillings for every Tun of wine imported by Strangers? did not the same King set a new Imposition of Gage, viz. upon every Tun of wine brought into London, as is before expressed? and are not the several Impositions of wines taken by His Majesty in England and Ireland, a kind of Tonnage? being nothing else but extraordinary rates imposed upon ever Tun of wine, and levied and taken by the King's Prerogative. Again, was not the three pence upon the pound imposed by King Edw. 1. by his Charta Mercatoria, a kind of Poundage, and well nigh as great an Imposition as twelve of the pound granted at this day by Act of Parliament? if we consider the Standard of moneys in the time of King Edw. 1. when a penny sterling did contain as much or more pure Silver, as the three pence sterling doth contain at this day; but admit that no Tonnage or Poundage had ever been taken, but by grant in Parliament; yet it is no Argument, but that the King might impose the like or the same by his Prerogative, for three particular reasons: The first, because these Subsidies were granted for maintenance of the Navy royal, the charges whereof were grown so great in the time of King Edw. 4. K. Ed. 4. as appeareth by the Act of Tonnage and Poundage granted in the 12 year of that King's Reign, that it sufficed not, nor in time to come was like to suffice or defray the charge of the Crown in keeping the Sea: these are the words of that Act, if then in the time of King Edw. 4. the Subsidy of Tonnage being three shillings upon a Tun of wine brought in by Denizens, and six shillings upon a tun brought in by Strangers; and the Subsidy of Poundage or of twelve pence of the pound upon other Commodities was not then sufficient to bear the charge of the royal Navy, which was not comparable by many degrees in strength, and beauty, and multitude of Ships to the King's navy at this day; Doth it stand with reason, that the Crown should be stinted or limited ever after to take no more than those poor Subsidies granted at that time? that the King should wait for a Parliament, and pray an aid of the Commons for a competent means to maintain the Walls of the Kingdom, when by the Common Law of the Realm he may grant Letters Patents for Murage, to maintain the Walls of a Corporate Town. If any unexpected necessity should arise for repairing of the Navy royal, and making a naval War, should the King expect a Parliament for a greater Subsidy to be granted by the Commons before he should rig and make ready his Ships, perhaps a Kingdom might be lost in the mean time; as if a Pilot sitting at the Helm, and seeing a sudden gust of wind, would overset the Ship, or perceiving her to be running on a Rock, should forbear to turn the Helm, or cause the Sail to be stricken, until he had consulted with the Mariners or Passengers, and demanded their consent or counsel in the business; the Pilot himself with his Mariners and Passengers might be cast away, before they were agreed what course to take. Secondly, these Subsidies of Tonnage and Poundage were first granted by Act of Parliament, in the time of the civil wars between the two great Houses of Lancaster and York, when the several Kings were loath to make use of their Prerogatives, but were glad to please their people, and loath to impose any charge upon them, but by common consent in those troublesome times. Thirdly, Kings and Princes oftentimes of their own noble nature, and sometimes in policy, do accept that of their Subjects as a gift, which they might exact & take as a duty, and therefore our most potent and politic Kings have ordained and accepted many things in Parliament, which they might have done in their private Chambers by their own prerogative, without any other Ceremony; who ever made doubt of the King's Prerogative in establishing the Standard of moneys, and yet how many Acts of Parliament do we find touching moneys, in the times of King E. 1. and King Edw. 2? the King's Prerotative in making & establishing martial Law, was never yet in question, yet are there Acts of Parliament touching Musters, departures of soldiers without their captain's Licences, or the like. The King only doth give Honours, and places of precedency, yet King Hen. 8. made an Act of Parliament, whereby he ranked the great Offices of the Crown in their several places, as well in Council as in Parliament. No man ever doubted but the King being the Fountain of Justice, may erect Courts of Justice by his Prerogative, yet we find the Court of Augmentations, and the Court of wards, erected by Act of Parliament. Lastly, in the time of Edw. 2. we find an Act of Declaration of the principal Prerogatives of the Crown of England, were most undoubted and clear, yet His Majesty was pleased in his first Parliament to accept of an Act of Recognition. CHAP. XXXII. The Conclusion BY these reasons and demonstrations which are before expressed, it is evident, that the King of England by virtue of an ancient Prerogative inherent to the Crown and sceptre, may justly and lawfully set Impositions upon Merchandizes, and may limit and rate the quantity and proportion thereof by his own wisdom and discretion, without Act of Parliament; and this Prerogative is warranted and approved by the general Law of Nations, and the Law Merchant, which is a principal branch of the Law of Nations; by the Imperial Law, the ecclesiastical Law, and by the rule of the Common Law of England, and by the practice of the most prudent Kings and Queens of England since the Conquest; and that this Prerogative is grounded upon many excellent reasons, and that the several Objections made against this Prerogative, are but shadows and colours of reason, and clearly removed and washed away by the several Answers thereunto. CHAP. XXXIII. A comparison of the Impositions set and taken in England, by the King's Prerogative, with the Exceptions and gabelles in foreign States and Kingdoms, whereby it will appear, that the subjects of the Crown of England, do not bear so heavy a burden by many degrees, as the Subjects of other Nations do bear in this kind. ALbeit, indeed the King of England being no Emperor, and having all imperial Rights within his own Kingdoms, hath and ever had as absolute a Prerogative Imponere vectigalia, or to lay Impositions, as the Emperor of Rome or Germany, or any other King, Prince, or State in the world, now have, or ever had; yet let it be truly said for the honour 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 favour toward the people, than any foreign 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 only, 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 precedents 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 subsidy of Poundage, is laid and limited, divers kinds of Commodities are excepted, especially such as serve for food and subsistence of the King's people, for setting the poor on work, for maintenance 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 Christendom 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, Julius Caesar laid the first Imposition Julius Caesar's Impositions. upon foreign Merchandizes, saith Suctonius, peregrinarum mercium portaria primus instituit, and that Imposition was Octava rerum pars, which was more by a fifth part than our highest Imposition in England, for it is two shillings and six pence upon the pound. Next, Augustus Caesar about the time of our saviour's 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 insition, for the pieces of money taken out of the fish's mouth, which is called didrachma, or stater, is said to be worth two shillings and six pence sterling, which being given for himself and Peter, da illis pro me et te, shows 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, 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 Caligula. the Emperor, laid an Imposition upon all suits 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 nonsuited without his Licence. He likewise imposed a number of Sesterii upon every Marriage contracted or made within the whole Empire. Vespasian Vespasian in meaner and more homelier matters, took by way of Imposition, a part of every poor Labourers wages, and part of every beggar's alms; he set likewise an Imposition upon urine, 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 clear gain, and therefore the Heirs and Legatories might easily spare a part to the Emperor; and Nicephorus, one of the Emperors of the East, did not only take sumaria tributa Smoke-money out of every Chimney, but he laid an Imposition upon every man's Estate that grew suddenly rich, upon a presumption that he had found a Treasury which did belong to the Emperor by Prerogative. With a little more search I might find out other Impositions of several kinds, set by the ancient Emperors upon the heads of Beasts, upon the tiles of Houses, and the like; I might add hereunto the Impositions set by Lorraine, upon every pane of glass 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 overcome by the Goths and Vandals, and other barbarous Nations, and thereby broken into kingdoms and Free States, their passed divers ages before these Monarchies could be well settled, and before peace bred plenty, any plenty bred civility, and before Trade, traffic, commerce, 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 general scarcity of Gold and Silver in these parts of the World, and so for want of money there was but little Trade and traffic 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 increased, 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 Imposition of France. the most richest and ancientest of the Neighbour Kingdoms, the Impositions not only 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 painful thing for the people of that Kingdom to bear them all, La tally, le talon, les aids, les aquavalentes, les equi pollentes, les cruces, or augmentations of divers kinds, le hop benevolence la Cabelle, upon Salt, amounting to an exceeding great Revenue; the Impost of Wines upon every vessel carried into any walled Towns or Suburbs thereof, and payable, although it be transported thence again, before it be sold, lafoy halt passage or de main foreign, for Merchandizes exported, le traject forrene, for Merchandizes imported, lafoy solid de Cinquants mil holmes, imposed upon Cities, & walled Towns, and the Suburbs only, and after laid upon Town and Country, without distinction, the common positions for provisions; the tenthes paid by all ecclesiastical persons: These and other Impositions of the like nature, are laid 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 perpetual 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 The Spanish Impositions. named Alcavala, imposed as well upon the Nobility, as the Commons, which was first raised by Alphonsus the 12. to expel the Mores, and for the expurgation of Algiers, but afterwards it was made perpetual, and is now a principal part of the royal Patrimony, Gutturis de Gabellis, Quaest. 174. Gutturis de gabellis Quaest. 174. this Imposition was at first but the twentieth part, but afterwrds it was raised to the tenth of every man's Estate, which doth far surmount the highest Impositions that ever were laid in England, by the King's Prerogative, without Act of Parliament. This Alcavala is an Imposition within the Land, but the Impositions upon Merchandizes exported and imported, are far higher, especially upon Merchants Strangers, for their common Impositions upon Strangers is five parts upon the hundred, and in the year 1604, they imposed thirty of the hundred, as is before declared; and upon the Ingate of Indian Spices into Portugal, the King of Spain doth lay the greatest rates that ever were set in Christendom, although upon the outgate the rates are more moderate. In Italy the Impositions and gabelles set upon every kind of thing by the States and Princes there, are intolerable and innumerable. Non mihi si Centum Linguae sunt oraque Centum, Ferrea vox Italorum omnes numerare gabellas, Cunct a gabellarum percurrere nomina possem. Especially upon the great Towns and territories that are subject to the Great Duke of tuscany, The D. of Tuscany's Impositions. 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 inn-holder, 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 travel 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 garbel. In the Pope's Territories the Impositions The Impositions by the Pope. which His holiness doth lay upon his Subjects as a temporal Prince, are as many, and as heavy, as those that are levied by the Duke of Tuscany, in so much as when Sixtus Quintus Sixtus Quintus. had set an Imposition upon every thing that served for the use of man's life, Pasquil made haste to dry his Shirt in the Sun, fearing the Pope would set some Imposition upon the heat of the Sun, miastingo (saith he) in the 16. sole sevenda; I omit to speak of the Exactions of the Court of Rome, in another kind, which are infinite, and which long lay heavy upon the Western Countries of Christendom, until of late years some Nations did free themselves thereof, by rejecting the Yoke of the Bishop of Rome. In the signiory of Venice, The Impositions of the signiory of Venice. the gabelles upon the Land were more moderate than in the other parts of Italy; But that City being the Lady of the Adriatic Sea, doth use by prescription a high Prerogative, in laying Impositions upon all Merchandizes arriving within the Gulf, Civitas Venetiorum (saith Baltholus) Baltholus potest pro maritmeis mercibus Gabellas imponere, quia est Civitas in Mari situata, & Veneti (saith Baldus) Baidus: ex consuetudine sunt domini maris Adriatici & possunt statuere super Gabellis maris, wherein they observe a profitable and politic course, for upon the Commodities of other Nations which are of goods in their commonwealth, 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 The Impositions of the Low countries which they call Excizes, paid by the Retaylors of Wines and other Commodities, and not by the Merchant, are the highest in Christendom; and yet we perceive that people to thrive and grow rich withal, for an improved high rent doth so quicken the industry of the Farmer, as he thriveth oftentimes better than his Neighbour who is a freeholder and payeth no rent at all; howbeit, to draw Trade, and to invite all Nations to commerce with them, & so to make their Country a Staple, Store house, or magazine of all Europe, they do set but easy rates upon Merchandizes imported, but when they once have gotten their commodities in to their hands, if any Merchant will export the same again, he shall pay a greater custom. The Grand signior of Turkey The Impositions of the Grand signior of Turkey 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 vassals, but that I think it not meet to compare that Regions Tyrant, to the Princes and States of Christendom. I may remember at last, the Great Toll which the King of Denmark The Impositions 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 Calais, 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 Zealand do make yearly upon the Coasts of Great Britain. Thus we see by this comparison, that the King of England doth lay but his little Finger upon his Subjects, when other Princes and States do lay the●● heavy loins upon their people; wh●●●●●the reason of this difference? fro●●●hence cometh it? assuredly not from a different Power or Prerogative, for the King of England is as absolute a Monarch, as any Emperor or King in the world, and hath as many Prerogatives incident to his Crown; whence then proceedeth it? to what profitable cause may we ascribe it? certainly to divers causes profitable, and principally to these causes, following. First, our King of England hath always gone before, and beyond all other Kings in Christendom in many points of Magnificency, and especially in this, That they have always had a more Rich and royal Demean belonging to the Crown, I mean more large and royal 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 gabelles, Impositions, and Exactions, as are before remembered, and not in terr a firma, not in such a real and royal Patrimony as hath ever belonged to the Crown of England, and therefo●● other Kings being less able to ●●●ntain their Estates, or more covetous in their own Nature, have laid heavier burdens upon their Subjects, than ever the King of England hath laid, or will do, or hereafter hath need to do, God be blessed for it; the Kings of England have had the Prince's Portion spoken of before in 45 of Ezekiel, Ezek. 45. and therefore they had no need so to oppress 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 counsellor told Vespasian. Again, we may ascribe it to the wisdom and policy of our Kings, who would never follow the counsel of Rehoboam's younger counsellors, 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, Solomon. they well considered that the money levied by Taxes and Impositions, is the blood of the people, which is not to be let out in any great quantity, but to save the life, as it were, of the commonwealth, 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 counsel of the Divine Rule, Deut. 17. Deut. 17: where the King is warned not to multiply upon him much Gold and Silver, for that indeed there doth seldom come good by great Treasure heaped 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 war upon his Neighbours; or if he leave it unto his Successers, it makes them luxurious and vicious, which draweth with it sometimes the ruin of the kingdom, sed optimus & certissimus thesaurus Principis est in loculis subditorum, saith the learned Buterus, in his Book against Machiavelli, Buterus contra Machiavelli. 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 continual 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 sovereign should be poor when the Subjects are rich, and until occasions do arise, the Coffers of his Subjects will be his best Exchequer; they will be his Treasures, they will be his Receivers, his Tellers without fees or wages, no bad accountant 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 Rehoboam's Rod, esteemed them too good to be whipped with Scorpions, and therefore God be blessed, we have not in England, the Gabeller standing at every town's 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 Cheapside, 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; Psa. 144. 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 James 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 complete Attorney, or the practic part of the Law. A Learned Treatise of Wards and Liveries, by Sir James Ley Knight. The Life of the Apostle St. Paul. Soliloquies, Meditations, and Prayers, of St. Bonaventure. The discontented colonel, by Sir John Sucklin. The European Mercury. The humble Remonstranee of Sir John Stawell. Hebdomada Magna, or the great Week of Christ's Passion. Sir Robert Brooks Reading on the Statute of Limitations. Kitchens Jurisdictions of Courts Leet, Courts Baron, &c. Rich. Brownlow Esq Prothonotary to the Court of Common Pleas. His Reports, the first and second Part. Declarations and Pleadings English. Judicial Writs. Plowdens' abridgement. Abridgement 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 judgements. The Body of Law, by Edmund Wingate Esq The Marrow of Law, or the second part of the faithful Counsellor. Office and duty of Executors in 8. Layman's Lawyer, or the second part of the practic part of the Law. A Commentary on the Original Writs, by William Hughes Esq Stevenson's Poems. The Anabaptiss Anatomised, in a Dispute between Mr. Crag, and Mr. tombs. Caesar's Commentaries, with Sir Clement Edmund's Observations. The complete clerk, and scrivener's 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 Arundell's Secrets in physic and Chirurgery, &c. The History of the Troubles of Swethland and Poland.