These indeed and onely these are meer Impositions and may be aptly compared with these of our times Of this kind amongst all the Records of Edward the Thirds time I finde only two which I will truly open unto you The first is in the Twenty one of his Reigne where it appears that Lionell afterwards Duke of Clarence named upon the Record 21. Ed. 3 no 11 Ro. Parliam Lionell of Antwerp because I suppose he was there borne the Kings second sonne being then Guardian of England whilest the King his father was at the siege of Callice at a counsell by him held the same yeere which I take to be no other then the Privie Counsell assessed without assent of Parliament upon every sack of Wooll Two Shillings upon every Tun of Wine Two Shillings upon every Pound of Aver de poys of Merchandizes imported Poundage imposed Sixe pence This Imposition was I must confesse for ought I know to the contrary such as our present Impositions are I meane in that it was imposed onely and simply by the Kings absolute power and may in that respect be the Fourth of that number of Sixe which I told you were all that could be found in any degree like to ours ever to have been practised in this Commonwealth from the Conquest till Queene Maries time But though in the authoritie of imposing it be like yet in circumstances very materiall you shall finde an apparant difference between them First this Imposition is very moderate in the sum as you may perceive for it was but Two Shillings upon a sack whereas in 13. Ed. 3. forty Shillings upon a sack of wooll was usuall and sometimes fifty shillings Secondly it was to continue no longer then till Michaelmas following Thirdly it was laid in the time of a most chargeable warre and ordained to be imployed for the maintenance of Ships of warre at Sea for the safeguard of Merchants in their passage of which it is apparant there was at this instant very great necessitie for it was as I have said imposed then when King Ed. 3. lay at the siege of Callice Besides such as it was and so qualified as you perceive it was neverthelesse complained of in Parliament by a Petition from the Commons as may appeare be the Records of the same Parliament of 21. Ed. 3. To which Petition or complaint this answere was given That all the said Impositions were already taken away save only the Two Shillings upon a sack of Wooll which should last no longer then Easter and seeing the same was ordained for the safeguard of merchants in which there had been greater sums of money expended by the King then could be collected between that and Michaelmas therefore to continue the same till Easter he hoped it would not seem over-burdensome or grieveous unto them In the Parliament following viz. anno 22. the Commons pray that writs may bee directed to the Customers to forbeare at Easter next to take the two shillings upon a sack 22 E. 3. N 16. Ro. Par. according as it was granted at the last Parliament and that it be not any longer continued by the procurement of any Merchant The King answereth Let it cease at Easter as it was agreed the last Parliament Here you see it was absolutely taken away and therefore though it had wanted these qualifications and circumstances which I have observed it had yet it being a thing so publiquely condemned it ought to be of little force with you to justifie these present Impositions But that which I observe out of this last Record maketh me rather to incline that this Imposition was onely by way of dispensation then that it was an absolute Imposition such as Ours are For to what end I pray you should the Commons pray that it might not be any longer continued by the procurement of any Merchant except it were likely that Merchants for their benefit should pray the longer continuance thereof and what benefit can any imposition whatsoever bee to a Merchant except it bee by way of Dispensation to give him leave to trade where before such dispensation given he stood altogether restrained If then it be an Imposition by way of dispensation with a penall Statute of restraint then is it no president for our present impositions But whether or no it be a Dispensation or absolute Imposition I leave it to your judgements you have heard my observation And so I come to the next president in the times of Ed. 3. produced for maintenance of our Impositions 24 E. 3. N. 12. Orig. de Scac. which was in the 24 yeere of his Reigne the Record of which and that which followed thereupon I will without any inforcement at all open unto you and so leave it to your censures The King reciting that whereas the Spanyard and French had joyned in league to make Warre against him and that for the withstanding of his said adversaries as also for the safeguard of Merchants against Pirats he had ordained that certaine ships should be set forth and that for maintenance of the said Ships there should be paid by Merchants two shillings for every sack of Wooll two shillings for three hundred Woolfels foure shillings for a last of Lether a Scute of Gold or foure shil Poundage imposed for a tunne of Wine and six pence of the pound upon all other Merchandizes for one yeere following He commandeth his Customers to levy the same accordingly The very next yeere and Parliament following 25 Ed 3. No. 12 Rot Par. the Commons exhibite a Petition in Parliament against Impositions and other like charges without assent of Parliament To which answer is given that it is not the Kings intion they should be charged I have now gone through all the materiall Records here amongst us of the times of Ed. 3. in which though his reign were very long and by reason of his Warres and other excessive charge more occasion was given him to try the strength of this point of the Prerogative then ever any King before or since though oftentimes and by many politicke inventions as you have heard he attempted to establish this Prerogative of laying impositions without assent in Parliament yet can there not be produced in all his time any more then two Presidents of Impositions like to these of ours that is imposed by the Kings absolute authority and yet these two were also as you perceive qualified with such circumstances as if ours were such we should have held them tolerable though perhaps not lawfull yet they such as they were escaped not without being complained of and condemned also in Parliament as you have heard It may perhaps be that some one or two of these Impositions which were by assent or grant of Merchants in this time of Ed. 3. were in times when the passage was open and not restrained by act of Parliament and so to be compared to our impositions but whosoever shall by looking over the Statutes
one aide or other in Parliament sometimes a taxe sometimes a Fifteenth sometimes a Subsidie of Tonnage Poundage In the eighteenth yeer he was inforced to go in person into Ireland to settle the state of that Country then in Rebelion all these troubles he had from abroade besides those famous Rebellions here at home which afterwards cast him out of his Seat yet did he never for all this attempt to lay impositions though he wanted not about him to put him in minde of his absolute power For Edward Strafford Bishop of Exeter Lord Chancellor of England in a Sermon made to the Parliament held anno 21. as our Chronicles report did publiquely maintaint that the King was not bound by any Law but was of himself absolute above Law and that to controle any of his actions was an offence worthy of Death at which Parliament all that were present came armed for fear of the King and the Parliament House it selfe was beset with 4000. Archers by his appointment I will speak no more of him then this though he were a King of a weak spirit yet did he not spare to practise upon his people the most grievous things that were Insomuch that he so farre discontented them that they deposed him by common consent in Parliament the onely desperate example of that kinde that our Histories doe afford or I hope ever shall His successor Henry the fourth Hen. 4. in respect he held the Crown by so weak a title had cause to give the people all the content he could possible and yet he was so oppressed with warrs on all sides from France and Scotland but especially by continuall and dangerous invasions made by the Welsh as without the aide of his people for the supply of his treasure it had not been possible for him to have held his Crown on his head and therefore he pressed his people so farre that in a Parliament held the fifth yeere of his reigne they yeelded to him so great and so unaccustomed a tax as that the grantors thereof as our Chroniclers say tooke speciall order that no memory thereof should remaine of record onely to avoide the president and yet the very next yeere following his wants were againe grown so great as his Subjects being assembled in Parliament to give him further ayde did resolve that there was no other way to supply his want then to take from the Clergie their temporall Lands and goods and to give them all to the King which being withstood by the Clergie a resumption of all the guifts of Ed. 3. and Ric. 2. was propounded at last after they had sate a whole yeere they gave him two Fifteenths at this time most of his Counsell and the great Officers of the Kingdome were Spirituall men had they not now if ever a just occasion given them to have put the King in minde of his Prerogative of laying impositions not onely to the intent to have diverted him from the harkning to that desperate motion that had been made against them to all their utter undoings but were they not also bound in duty and conscience in this time of so great necessitie seeing the Parliament knew not otherwise how to supplie the Kings wants to have advised him to have made use of his lawfull right of imposing by which means he might without troubling the Parliament quickly have raised great summes of money certainly it was not because they were ignorant of any such practise in former times For none of them that were then of the Counsell to Henry the Fourth but they lived in Ed. 3. time and most of them doubtlesse were in Ed. 3. time men of age and discretion But in all likelyhood as they knew that Edward the Third did lay impositions so likewise they knew that impositions had been from time to time in those daies condemned as unlawfull and were become hatefull to the people and onely for that reason they did forbeare to advise the King to take that course though the necessitie were never so great Another Prerogative as much concerning the interest of the Subject as this of Impositions namely the abasing of Coyne this King made no scruple at all to put in practise because he held it to be lawfull His Sonne and next Successor Hen. 5. who by his many victories over the French Hen. 5. and his noble disposition and behaviour towards his people was so farre beloved of them as never was King of this Realme more though the Kingdome were now by one degree of discent more firmely setled upon him then it was on his Father who usurped it though also his expence of treasure by reason of that great warre in France were as much as any king's of England ever were though he had troubles also from his Neighbours the Scots and within his owne Realme by Rebellions and lastly though he spared not for supplie of treasure to suppresse above a 100. Priories of Aliens yet neither out of the strength of his love with the people nor in his extreame necessity by reason of these honorable warres in France for the maintenance of which the people would willingly have undergone any burden which he would have laid upon them especially after the victory at Agencourt did he ever so much as attempt the laying of Impositions His Successor Hen. 6. Hen. 6. though indeed of a meek spirit yet he was so followed with troubles within the Realme and from abroad that he was inforced to crave such an extraordinary aide of his Subjects in Parliament as the levieing thereof was the cause of that famous Rebellion of Jack Cade in his time Besides in the 18 yeer of his Reign for the ease of his charge and supply of his wants all Grants by him made of any Lands Rents Annuities or Fees whatsoever since the first day of his Reigne were resumed and this is never yeelded to but in cases of extreame necessity As for Impositions notwithstanding his great wants he thought not of them Edw. 4. Edw. 4. that succeeded him was no lesse free from troubles for he was as you know driven to forsake his Kingdome and to live for a while like a banished man with the Duke of Burgundy He was also inforced in the 5 yeer of his Reign to make a Resumption and the same yeer to abase his Coyne And Comines observeth of him that he obteined a Subsidie of his Subjects in Parliament upon condition that he should himselfe in person undertake the war in France and that only to get the Subsidie he passed the Seas into France but presently returned without doing any thing What should such shifts as these have needed if he might without being beholding to his Subjects lawfully and without controll have raised Treasure by laying of Impositions It is well worth the remembring that which the same Comines speaking in commendation of the frame of this Common-wealth saith That this State is happy in that the people cannot be compelled by the
fourteene twelve yeeres her age of consent and nine yeeres capable to bee endowed a yeere and a day given to sue an appeale the like limitation of a yeere and day in very many other Cases In effect who reduced all the known grounds of the Common law to that certainty that now they are Because wee cannot tell how or when they began shall wee therfore conclude that they began by the kings absolute power and inferre that by the same reason they may bee changed at his pleasure If the king may increase his Fines upon the purchase of Originall writts which by the same reason hee may doe that hee may doe his Custome nay hee hath more colour for this then for that because there is no Statute against this hee might easily raise that revenue to the value of his Customes But no man can nor will I hope offer to mainteine it to bee lawfull You see the weakenesse and the dangerous consequence of this argument by comparing it to other cases of like nature To say the truth all these things began no man can say certainly when or how but by a tacit consent of king and people and the long approbation of time beyond the memory of any man and yet no man can directly affirm but that most of them might begin by Act of Parliament though now there bee no Records extant of such antient Parliaments The first Parliament was not kept 9 H. 3 though it be the first in our bookes If we will give credit to other Records and to our best Chroniclers The antiquity of Parliaments we shall heare and reade of divers Parliaments in the Reigne of King John and of his Predecessor Rich. 1. and in the Reign of H. 2. of two famous Parliaments one at Claringdon in Wiltshire the other at Gedington in North-Hamptonshire And although our Chronicles say that the first Parliament kept in this Realm was held 19 Aprilis 16 H. 1. yet I am of opinion that William the Conqueror held Parliaments for what can be else understood by these words Per commune consilium totius Regni nostri stabilitum fuit which I finde in Mr. Lamberts collection of the ancient Lawes of England in the beginning of the Lawes of W. the Conqueror Many of the Statutes of E. 1. have no other words Nay long before him in the yeere of our Lord 712. in the time of Inas King of the West-Saxons I assure my selfe there were Parliaments held and that of the three Estates as at this day as may appeare by these words in the beginning of the Lawes of King Inas in Mr. Lambert Suasu Instituto Episcoporum nostrorum omnium Senatorum nostrorum natu majorum populi nostri in frequentia magna And more plainly in the conclusion of some other of his Lawes Hoc factum fuit per commune consilium assensum Procerum Comitum omnium Sapientium Seniorum Populorum totius Regni per praeceptum Regis Inae which are the same in Latine which ours is in English By the King the Lords Spirituall and Temporall and the Commons VVhy might not the Custome upon Woolls be first granted at one of these Parliaments as well as to have it first begun by the Kings absolute power There is no more probability of the one than the other because most of the ancient Records were burnt in H. 2. time when the Exchequer was burnt shall we conclude therefore that there were neâ—er any such You see the weaknes of this Argument in all the points thereof I leave it and passe to another The King may say they restrain the passage of Merchants at his pleasure The second Argument that the King may totally restrain the importing and exporting of merchandizes therfore he may do it sub modo by laying of an Imposition answered which they prove by divers Records 2 E. 1. m. 18. Ro. Par. 2 E 1. m. 17. Ro. fin 31 E. 1. n. 44. Ro. Pat. 17 H. 6. Ro. Clo. in dorso Upon which they inferre that if he may restraine a Merchant that he shall not passe at all he may much more so restraine him that he shall not passe except he pay a certaine sum of money For this say they is lesse than totally to restraine him And Cui licet quod majus licet etiam quod minus Of this Argument my L. Dyer gave light in his case of Impositions 1 Eliz. and this hath been diversly inforced by all that have argued for Impositions In answer of which I will consider how farre the king may restrain the passage of Merchants and then will examine the consequence of the Argument For my part I think the king cannot restrain the passage of Merchants but for some speciall cause wherein to define certainly and resolutely to say for what causes he may and for what not I will not undertake Onely let me inform you that there is not one of these presidents vouched by them to prove the kings power to restraine but they are upon speciall reasons as by reason of Enmity with such a Nation from whence they are restrained or because such a Commodity may not be spared within the kingdome Besides they are not restraints from all places and of all manner of Merchandizes but from certain places onely and for certain sorts of Merchandizes And for my part I thinke that restraints in all these cases and of like nature are by the Common-Law left to the kings absolute power For if it were otherwise it should be in the power of a Merchant for a little private lucre to enrich the kings Enemies or to furnish them with munition to be imployed against the State or utterly to ruine the Common-wealth by carrying out a Commodity which may not be spared or by bringing in of some that may be hurtfull Nay which is more such may be the occasion that the king may I doubt not stop the passages of all Merchants from all places for a short time as upon the death of the late Queene it was put in practise to prevent Intelligence there may likewise be such necessary use of their ships as the want of them upon some sodaine attempts may be a cause of the overthrow of the whole State In such cases as these if the Common law did not give the King leave to restraine their passage by his absolute power it were very improvident in the highest points which cannot be imagined of so wise a law And yet the Kings of this Realme have alwayes been sparing in the practise of their absolute power in this point For there are little lesse then 30. Acts of Parliament touching the opening and shutting up of the passage of Merchants most of which as I conceive were made rather for the increase of punishment then for want of power in the King For the breach of a restraint by absolute commandment is punishable as all other contempts onely by Fine and Imprisonment and not by forfeiture of the Merchandizes
Lawes in the World delight in certainty and abandon incertainty as the mother of all debate and confusion than which nothing is more odious in Law And therfore the rule is Quod certum est retinendum est quod incertum est dimittendum nay further quod incertum est nihil est This is the censure of Law upon all the acts of men which fall under the judgment of the Law If then the Law so judge of the acts of men holding them for nought and voyde that are incertaine how much more then doth the Law require certainty in her own Acts which are to binde all men And if in any of the acts of Law certainty be to be specially expected most of all is it requisite that bounds of limitation and certainty be set between the King and his poor Subject between the mighty and the weak between the Lion and the Lamb. And if in any Case between the King and his Subject more than other this certainty be required most of all it is requisite in Cases where the Common-Law giveth the King a perpetuall profit or revenue to be raised out of the interest and property of his poor Subjects estate either in lands or goods If in all other things the Law as I have said and wherein I suppose you have yeelded to me doe require certainty and limitation and onely in this case where it is most requisite it hath omitted and neglected it we must conclude the Law to be most unreasonable improvident and contrary to it selfe which to say were to conclude it to be no Law Out of these grounds I may then in my opinion safely and with some confidence deduce and maintain this position That all the Revenue which the Common Law giveth to the King out of the interest of the Subject are certain or reduceable to a certainty by a legall course and none left to the Kings pleasure That the Common-Law of England giveth to the King as to the head of the Commonwealth no perpetuall revenue or matter of profit out of the interest or property of the Subject but it either limiteth a certainty therein at the first or otherwise hath so provided that if it be uncertaine in it selfe it is reduceable to a certainty onely by a legal course that is to say either by Parliament by Judges or Jury not by the Kings own absolute will and pleasure Though this Position be grounded upon those sure foundations out of which I have as you perceive drawn it and needs no farther proof yet because you shal see how plentiful the truth is in reasons to maintain it selfe I will further open unto you the particular reasons of this position which are these First the Law requireth certainty in matter of profit The Reasons why the Law requireth such certainty in those Revenues between the King and the poor Subject because to make any man Judge in his own case especially the mighty over the weake and that in a point of profit to him that judgeth were to leave a way open to oppression and bondage Secondly because by reducing it to a certainty the King may know what certainty to expect that so he may order his charge accordingly Thirdly that the Subject may know likewise what he is to pay that so he may know certainly what shall remaine to him as his own Finally that the King may not depend upon the good will of his Subject for his revenue seeing the Law expecteth he should beare the charge but may know in certainty what to claime as due to him and may accordingly compell the Subject to pay it and that the Subject may not be under the Kings absolute power to pay what the King pleaseth which may perhaps extend to the whole value of the Merchandize You see in generall how the Law by requiring certainty in matter of profit between the King and the Subject preventeth many mischeifes which would fall out if the Law were otherwise and therefore without more saying I might here conclude that Custome being due by the Common-Law was and is a sum certain not to be increased at the Kings pleasure by way of Imposition but because there are many other revenues due to the King by the Common-Law as well as Custome if they all or as many as we can call to minde shall fall out to bee as I have said summes certaine and not subject to bee increased at the kings will this will bee a forcible Argument that custome is likewise certain and not to be inhannced at the kings pleasure for this Argument drawne à simili is of great force and the most usuall of any other in debate of things doubtfull in Law Quae Legibus decisa non sunt Index ex his quae decisa sunt statuet de similibus ad similia procedat May it please you to consider in this respect other revenues which the Common-Law of this Land giveth the King Examples of Revenues given by the Cōmon-Law to the King out of the interest of the Subject that they are certaine and according to the rule to decide that which is in question by the same rule and measure by which other things of the same nature have been decided and ordered The Common-Law giveth the King a Fine for the purchase of an original writ Is it certaine it is and ever hath been if the debt or damages demanded amount to above forty pounds the Fine is and ever hath been sixe shil eight pence and no more if to a hundred pounds then ten shillings and no more May the King increase this Fine at his pleasure there is no man that will say he may There is a Fine due by the Common-Law pro Licentia concordandi is it not certainly known and so hath alwayes been to be the tenth part of the Land comprised in the writ of Covenant And is not also the Post-Fine thereupon due certainly known to be once and a halfe as much more as the Fine pro licentia concordandi or Pre-Fine As for example when the Pre-fine is ten shillings the Post-fine to be fifteen shillings and can the King demand any more of the Subject So likewise when in a writ of Right the Demandant alleadging the seisin of his Ancestor will not be compelled to prove the seisin alleaged is he not to tender to the King a summe certain of a demy-mark to have this benefit was it ever more or lesse or can it now be more if the King would these amongst many others are duties belonging to the King by the Common Law from the Subject for the maintaināce of his Charge in the administration of Justice which the Civilians call Vectigal Judiciarium There are also in divers other Cases duties certain belonging to the King by the Common-Law As for example the reliefe for an Earledome is certainly knowne to be a hundred pounds for a Barony a hundred markes for a Knights fee a hundred shillings all which in the Statute of
of Certainty and this of the provision made by the Common-Law are in my poor opinion Arguments of direct proofe that the King cannot Impose I will now according to my division urge an Argument or two of Inference and presumption the rather because Arguments of this nature have been much enforced by those who have maintained the contrary opinion Sir Francis Bacon especially by Mr. Solicitor I call them Arguments of inference and yet in my opinion those which I shall urge are also of good proofe such as they are you shall judge of them They are drawne either from the actions or forbearances of the Kings of this Realme or from the actions and forbearances of the people First in the actions and forbearances of the Kings Arguments drawne from the actions of the Kings that they have no power to Impose I observe that all the Kings of this Realm since Hen. 3. have sought and obteined an increase of Custome more or lesse by the name of Subsidie of the gift of their Subjects in Parliament Nay some of them and those not the weakest in Spirit or power but the most couragious and potent in that whole ranke even that mighty and victorious Prince King Ed. 3. being to undertake a just and honorable warre than which there could not happen a better or juster occasion to have made use of his Prerogative of Imposing did neverthelesse at that time stoope so low in this point that he did in full assembly of the three States pray his Subjects to grant him a Reliefe in this kinde for the maintenance of his warre and that to endure but for a short time and further was well content to suffer his prayer in that behalfe to be entred of Record to the memory of all posterity And the succeeding Kings have also suffered the same to be printed as may appeare by the printed Statutes at large An. 14. Ed. 3. cap. 21. Is it likely that if any or all these Kings had thought they had had in them any lawfull power by just Prerogative to have laid Impositions at their pleasure that they would not rather have made use of that than have taken this course by act of Parliament so full of delay so prejudiciall to their Right so subject to the pleasure of their people who never undergoe Burdens but with murmuring and much unwillingnes Can there be any thing more hatefull to the high Spirit of a King than to subject himselfe to the pleasure of his people especially for matter of Reliefe and that by way of Prayer having lawfull power in his hands to relieve himselfe without being beholding to them If perhaps the Kings themselves were ignorant of this great Prerogative which cannot be imagined had they not alwaies about them wise Counsellors to assist them and such as for the procuring of favor to themselves would not have failed to have put them in minde of it Nay if they had known any such lawfull Prerogative had they not been bound in conscience so to have done What an oversight was it of King Ed. 3. and all his Counsell so much to prejudice his right in so beneficiall a Prerogative as to suffer him upon Record and that in Parliament to pray for that which he might have taken out of his absolute power Can there almost be a more direct disclaiming in the Right to compare great things with lesse if the Lord by matter of Record claime any thing of his villaine it is a disclaimer of the villenage The Kings of England have other noble and high Prerogatives I will only name two of them The making of warre and peace and the raising and abasing of Coyne at their pleasure Did they ever crave the assent of their Subjects in Parliament to make a warre Their advice indeed they have sometimes sought and their ayd for treasure to maintaine it The Prerogative of raising and abasing the value of money hath been oftentimes put in practise by them and sometimes strayned to such a height that the King might well suppose the Subjects could not but be much discontent therewith And yet never any King of this Realme did it by assent of Parliament which perhaps some one milde King among so many would have done and it may be would also have prayed his Subjects to yield thereto only to avoid the grudging of the people if the seeking of assent in Parliament had not been thought to have been prejudiciall to the absolute power of their Successors and yet as for some of these Kings it may be supposed they made little conscience to prejudice a Successor in one point that made no scruple totally to depose a Predecessor from his Throne and all his Regalities and to usurp it to themselves And so I proceed to my next Argument of Inference drawn from the actions of our Kings Some of the Kings of England as namely Ed. 2. Edward the 2. in the yeere of his Reigne and Ed. 3. in the 1. and 24. yeere of his Reigne as may appeare by the Records here amongst us were contented to accept an increase of their Custome by way of Loane from the Merchants and solemnly binde themselves to repay it againe Would any wise man in the world that thought he had but a colour of Right so much prejudice his himself as to borrow that which he might take without leave and binde himselfe to repay it If a poore man perhaps through feare might be enforced so farre to yeeld to a mighty adversary yet that a powerfull man should stoope so low to one much weaker than he nay that a King in a point of such consequence should so farre discend from his Greatnesse as to borrow of his poore Subject that which without being beholding to him he might obtein as his Right and binde himselfe to repay it againe I say it cannot with any reason be imagined but withall it must be concluded that a king that shall so doe doth not thinke that he hath so much as colour of Right to impose I will not much presse or enforce the actions of Ed. 2. who I confesse was but a weake Prince Edward the 3. But as for his Sonne and successor Ed. 3. there was not as I have said a stouter a wiser a more noble and couragious Prince than he and none more carefull to preserve the Rights of his Prerogative as may evidently appeare by all his answers in Parliament on any complaint of the Subject Besides never had king of this Realme more occasion than he to straine this Prerogative of imposing to the utmost For besides his excessive expence in the warres of France and Scotland he had also a continuall charge of many expensive children his wife Queene Philip had also for her maintenance a large allowance out of his Revenue but the dowry of Queen Isabell his mother who lived till about the 27. yeere of his Reigne was so great as it is reported by some writers that little more than the
this high authority of an Ordinance in Parliament the assent also of Merchants was usually joyned therewithall to make it have the cleerer passage with the Subject and further it was never but in the time of warre The first imposition of this kinde by way of Ordinance 7 Ed. 3. R 9. Orig. de Scac. which I finde amongst the Records was 7 E. 3. amongst the Originals of the Exchequer where it is said by way of recitall that the King considering how Merchants which make great gaine by trading ought aswell as others to assist him with treasure for his Warre especially considering how at their intreaty he had placed the staple in England Therefore at his Parliament held at Yorke by the Prelates Earls and Barons it was ordained that the Merchants should yeeld unto the King a Subsidie upon Merchandizes This Subsidie or rather Imposition thus solemnly ordained and in the times of so great necessity was no sooner established then revoked as may appeare by the words imediately following in the same Record whereupon the Merchants of their own accords yeelded and freely gave ten shillings upon a sack of Wooll as much upon three hundred Woolfels and twenty shillings upon last of Lether for a short time by way of Dispensation or Licence towards the maintenance of the Warre The like is found anno 20. E. 3. 20. Ed. 3. Nu. 18. Ro Parl. where the Commons complaining of an imposition of this kinde laid by the Prelates Earles and Barons in Parliament and by the agreement also of Merchants It was not denyed unto them but that their suit was just onely it was answered them that as yet it was not convenient to take it away For that the King had taken up great summes of money of divers Merchants for his present necessity to be repayed out of the said Subsidie and therefore it could not be as yet discharged without great damage to the King and the Merchants But the most materiall Record against Impositions by way of Ordinance is the yeere following where the King in excuse of impositions complained of answereth that they were laid in times of great necessity and by the assent of the Prelates Earles and Barons and other great men and some of the Commons then present neverthelesse his pleasure is that such impositions not duly laid be not drawn into consequence but taken away 21 E. 3. No. 17. There are some others of this kinde but never any that did abide the triall though they have allwayes been accompanied with all such circumstances as were most likely to give them passage without controllment as to be laid in the time of warre to be limited to a short time with consent of Merchants If the authoritie of an Ordinance in Parliament joyned with the assent of Merchants were in those dayes not of force sufficient to uphold Impositions much lesse will an Order of the King and his Counsell out of Parliament uphold them at this day especially after so many yeeres discontinuance Another invention to raise impositions Impositions raysed by way of Loane by Merchants practised by Ed. 3. and in former times was by way of a pretended or feined Loane from the Merchants of so much above the old custome upon Merchandise exported or imported which Loane was never repaid to the Merchant That this was an old practise may be collected by the president 12. of Ed. 2. already cited where the King promiseth that without fiction or delay he would repay them their money implying thereby that sometimes fiction had been used and doubtlesse that loane which was 11. Ed. 2. the very yeere before was such a fained Loane as I speake of for otherwise without question the King would not have released part of it as may appeare by that Record that he did For if the money be bona fide borrowed and truly intended to be repaid then doubtlesse the course is lawfull if otherwise I hold this kinde also as unlawfull as any of the rest Edward the Third did once or twice borrow in this kinde as may appeare by Records already cited to another purpose with which I will not againe trouble you There was yet another Device for raising of Impositions begun indeed by Ed. 1. and condemned in the time of Ed. 2. Impositions raised by grant of Merchants for Liberties granted to them but revived and much practised by Ed. 3. which was also by way of grant of Merchants and yet not altogether the same that I first observed to have been so much practised by Ed. 3. but is much more colourable and tollerable For whereas that was a grant or rather a meere guift without any thing granted back againe in lieu thereof this I now speake of is a solemne grant indeed made by Merchants of an increase of custome for liberties and freedoms and other valuable priviledges and exemptions granted unto them by the King that former was date nihil expectantes this is date dabitur vobis and indeed the recompence that the Merchants had by this Charter granted unto them made their grant to the King lesse subject to controll then otherwise without such recompence it would have been I mean the grant of Merchant strangers so often remembred amongst us by the name of Charta Mercatoria which though it were damned all the time of Ed. 2. from the third yeer of his reign yet was it revived by E. 3. Even that very yeer when he likewise deposed the King his father and usurped to himselfe his Crown For it appeares by the Records that he commanded the same to be levied the very first yeere of his Reigne 1. Ed. 3. Ro. Fin. What hath been said against this kind of Imposition I shall not need here againe to repeate only let me call to your remembrance how this Charter as needing a better prop then his owne strength and Validity in Law was in the same Kings Reigne confirmed by Parliament and onely by that strength continueth in force at this day You have heard five or sixe severall politique Inventions and Devises for the easie drawing on and sweetning of this yoak of Impositions all practised by this prudent and potent King Ed. 3. whose times were indeed so troublesom and his charge every way so excessive as it is no marvell that he left not any way unattempted to raise money without the assent of the Commons whom he always found unwillingly and hardly drawne to matters of charge One other way of Impositions he used Impositions laid by expresse and direct Commandment not coloured or masked under any such pretence or politick Invention as you have heard but plain and direct only his owne expresse commandment to his Officers to collect of every Merchant so much for such a commoditie exported or imported and to answere it into his Exchequer without any recitall in his Commissions of Grant Assent Guift Loane of Merchants Dispensation or Ordinance in Parliament or any other such colourable pretext whatsoever
and Records with never so much heed consider the times of opening and shutting of the Sea by Statutes shall finde it so intricate as hee shall bee very hardly able directly to say that at the time when any of these impositions were granted the passage was open If in my observation I had found any such I should have admitted it for an absolute imposition as I have done Charta Mercatoria which was by grant of Merchants For certainly as I have yeelded the grant of Merchants is in this case of no other effect then the declaration only of their assent and the Imposition resteth meerly upon the kings authority But I finde none such if any such could be produced you have heard how they have beene from time to time controlled in Parliament And so I passe from E. 3. to the times follow From the end of the Reign of E. 3. till the reign of Queen Mary who was the eleventh Prince of this Realme after Ed. 3. as Ed. 3. was the eleventh after the Conquest being the space of 170. yeers or thereabouts It hath been confessed by all those that have argued in maintenance of his Majesties Right to Impose that there hath not been found one Record that proves any one imposition to have been laid there are indeed in our printed bookes some three or foure Statutes during that time in which mention is made of Impositions but they are as I shall prove Impositions of another nature then those are which we complaine of and so make nothing at all to the proofe of his Majesties Right or if they were such as ours are yet are they no where found mentioned but with disgrace and to the end to be taken away which may be the reason that notwithstanding the great use that might have been made of three or foure Presidents of Impositions in these times for the patching up of a continuance of the practise which otherwise by this long discontinuance receives a great blemish those which argued for impositions did not take hold of these but chose rather to confesse that no Impositions at all were laid during all this time and labored to seek out the reasons of the discontinuance I will briefely shew you what Statutes they are during that time which mention impositions the first is 11 R. 2. cap. 9. 11 R. 2. cap. 9. Statutes in which there is mention made of Impositions after the end of Edw. the thirds raigne untill Queen Maries Ed. 3. No Imposition nor charge shall be put upon Wools Lether or Woolfels other than the Custome and Subsidie granted to the King this present Parliament and if any be the same shall be repealed and annulled as it was another time ordained by Statute saving alway to the King his ancient right If by this saving the pretended right of imposing should be excepted as was said in the Exchequer the saving should then be contrary to the body of the Act and therefore it must needs have some other interpretation that it may stand with the rest of the Act and not condemn the Law makers of so much want of discretion therefore doubtlesse this saving is no other then an exception of the ancient Right full Customes due upon those staple Commodities And for my part I am of opinion that the Statute was made not so much to take away any Imposition laid by this King R. 2. as out of a provident and prudent care in the Law makers proceeding from the fresh memory of the practise of Ed. 3. in this kinde For all those that were of this Parliament did live and were at mans age in Ed. 3. time and could not but well remember the grievousnes of his Impositions Besides I observe that they desire that no Imposition be laid by way of addition to the Subsidie upon Wools and Lether then granted It was never heard till of late that an Imposition upon any Merchandize was charged at the same time with a Subsidie and therefore without question this was no other then an aboundant provision by them wherein they were no more carefull then any wise man would be in the like case when they had of their own free wils given the King a liberall gift they were carefull not to be further charged by him The next Statute in these times where Impositions are found mentioned is 23 H. 6. cap. 18. 23 H. 6. cap. 18. By which it appeares that English Merchants being restrained from repayring to Gâ—scoigne and Guien to buy the Wines of that Country they were neverthelesse suffered to repaire thither paying certaine new Impositions which were demaÌ„ded of them Upon complaint hereof it was enacted that all English Merchants might freely passe into those parts and buy Wines there at their pleasure without any new Imposition or charge to be put upon them For that such Impositions were to the damage of Merchants and to the hinderance of all the Kings people if any were demanded by the King Officers the officers so demanding them should forfeit twenty pound besides treble damages to the party grieved That these Impositions were by way of dispensation with a Statute which restrained the repaire of English Merchants into those parts and not by the kings absolute power thereupon to ground an Imposition is evident by the Statutes in Print For from 27 Ed. 3. 27. E. 3. c. 6. 38. Ed. 3. c. 10 38 Ed. 3. cap. 42 E. 3. cap. 8. 43 E. 3. c. 12. till this 23 H. 6. there are five or sixe Statutes in Print to this purpose some more strict then other which continued in force till 23 H. 6. The reason of the restraint by Ed. 3. I suppose to have been because Gascoigne and Guien were then in his possession and he was desirous his Subjects the Merchants of those Countries should have the sole profit of their own Commodities and that they onely should import them into England and not the Merchants of England whatsoever the cause of the restraine was it is very cleer the restraint was by Statute and that this Imposition raised by way of Dispensation was condemned which neverthelesse suppose it had not been controled yet as I have said oftentimes it is in nature so farre differing from ours as the practise thereof will not so much as help to salve this long discontinuance The next mention of Impositions is found 1 R. 3. cap. 12. 1 R. 3. cap. 12. The words are the Subjects and Cominalty of this Realme shall not from henceforth be charged by any such charge or Imposition called a Benevolence nor by such like charge you perceive by the words of the Statute what Impositions are intended within that Statute The next mention of Impositions in these times I finde to be 7 H. 7. 7 H. 7. cap. 7. where a charge of eightteen shillings laid upon a But of Malmesie by Parliament is called an Imposition Another mention of Impositions I finde to be 12 H. 7. cap. 6. 12 H 7. cap.
6. In the preamble of the Statute the words are That every person ought to use himselfe to his most advantage without exaction Fine Imposition or contribution to be had or taken of him to or by any English person or persons Though some that have argued before me against Impositions have urged this Statute as making against our present Impositions yet for my part I am not of that opinion but upon perusing the Statute doe rather thinke that it extendeth only to impositions laid by the Merchants of London upon the Merchants of other Cities and Townes not incorporate into their Companies as will evidently appeare by the Statute so as notwithstanding this Statute that which I have averred and hath been yeelded to by the Kings Counsell that no Imposition was laid from Ed. 3. to Queene Maries reigne is not yet impeached There is yet one other Statute of later time in which mention is made of Impositions and that is 14. H. 8. 14. H. 8. cap. 4. cap. 4. The words are Every Subject borne in England and sworne to be Subjects of other Princes as long as they shall so abide Subjects to the other Princes shal pay such Customs Subsidies Tolls and other Impositions within this realme as Strangers doe I hold that this word Impositions in this place is used as a generall to all the particulars before mentioned and no otherwise and is no more in effect then charges a thing usuall in Statutes of this nature to adde generall words for the more securitie which I collect by the word other going next before it For to what end should it be said no other Impositions if those particulars first named were not contained within that generall word of Impositions This word other is a Relative and must needs be answered with words going before when there are no other words following Besides it is common in the Statutes and Records of Ed. 3. No Imposition upon woolls shall be laid but in Parliament By which it appears that a charge laid by Parliament may be called an Imposition which is very evident by a Statute made not above 28. yeeres before this I meane the Statute of 7. H. 7. cap. 7. 7 H 7. 7. which I spake of even now where a charge of Eighteen Shillings upon a Butt of Malmsey laid by that Act of Parliament is called an Imposition And as I have shewed you the word Imposition hath been applyed to all these severall Inventions used by Ed. 3. The signification of the words Maltolt and Imposition or Impost for the charging of Merchandizes Nay the word Maltolt which is Englished by Rastall an evill Toll as indeed it signifies and in that respect is of a farre harder sense then the word Imposition is used indifferently for a charge set by Parliament or a charge set by the Kings absolute power upon Merchandises Impositio derived from the verbe imponere is no other then the Act of laying on or imposing and therefore in my opinion Impositions are more properly by the Merchants called Imposts which signifieth the things Imposed But I shall not need any further to enforce this considering it hath so liberally been confessed by the Kings Counsell No Imposition laid from Ed. the Thirds time till Q. Maries that there is no Record or Statute from Ed. 3. till Queen Maries reigne that giveth any assurance that impositions or so much as any one Imposition was laid during all that space of above 170. yeers only it behoves me for further opening the truth to testifie that being one of those that were by you imployed to make search in the ancient custome Books of those times remaining in the Exchequer together with some of the best experienced Merchants of this house some of which had sate at the receipt of Custome wee had many meetings and spent many whole dayes in turning over the old Custome books and as carefully as we could did survey some books of every age and time But after all our search ended could not finde any one Imposition from the time of Ed. 3. till Queen Maries reigne to have been received by any Customer or Collector And if you please to give me leave to remember to you the passages of those times you cannot but marvell that none of all those Princes should so much as attempt to trie the strength of this so beneficiall a Prerogative so much practised by Ed. 3. and when you have heard their occasions and compared their other actions What great occasions all the Kings from Ed. 3. till Q. Ma. had to lay Impositions and yet did it not with their forbearance in this kinde you will I think conclude and say in your hearts that surely none of all those Kings had so much as any imagination that any such Prerogative belonged unto them as to raise money at their pleasure by laying a charge upon merchandizes to be exported or imported without assent in Parliament Richard the Second being the Grand-childe and next Successor of Ed. 3. Rich. 2. in whose times impositions of all sorts did so much rage had little lesse occasion then his Predecessor had For first he had little treasure left him and he was no sooner in his Throne but news was brought that the French had invaded the Realme they had burned Rye and Hastings in Sussex they had taken and possessed the I le of Wight they had besieged Winchelsey From the Northern parts That the Scots had burned Roxborough and were ready to overrunne all the North parts of England Being thus beset with warre on all sides doth his Counsell which in all likelyhood had most of them been of Counsell to his Grandfather advise him to raise money by impositions as his Grandfather had done for this course of raising money by way of Impositions was yet fresh in all their memories they do not but he taketh the ordinary course by calling a Parliament which for mainteinance of his charge in the war the second yeer of his reign granteth him a Fifteenth he calleth another Parliam and hath another Fifteenth granted the Fourth yeere of his reigne the warres increasing his necessities were such and so conceived by the Parliament as they granted him a most unusuall Taxe throughout the whole Kingdome upon every Ecclesiasticall person one and other Sixe shillings Eight pence upon every other man or woman within the Realm Foure pence which when it came to be levied caused though causelesly because it was legally granted that notorious Rebellion of which Wat Tyler was the Captaine This Taxe as it was levied not without that great Rebellion so questionlesse was it unwillingly yeelded to in Parliament and yet because there was no other course thought lawfull for the raising of treasure upon the Subjects goods then by their own assent in Parliament onely that course was thought fit to be practised which was such as ought to be obeyed From the 5. to the 18. yeere of his Reigne he obtained every other yeer
King to sustein any publique charge except it be by their own consent in Parliament I proceed from Ed. 4. to Hen. 7. Hen. 7. omitting Ed. 5. and Ric. 3. because of the shortnes of their Reignes Hen. 7. H. 7. had a Subsidy of Tunnage and Poundage granted to him for his life as may appear by the Parl. Roll 1 H. 7. which appeares no where in our printed books had indeed a more peaceable time than any of his Predecessors and yet he was not altogether free from troubles both within the Realme and from abroad But his naturall inclination was rather to embrace Peace he was so provident and politique in the gathering and storing up of Treasure as never any Prince of this Realme was therein to be compared to him He did himselfe take the accounts of his Revenues which I have seen under his own hand He had for his Assistants about him Empson and Dudley men learned in the Lawes and by all probability very canning in all the profitable points of the Prerogative men that that intended or studied little else than the advancing of their Masters profit men even till this day infamous for their wicked counsell in perswading that good King to lay such heavy Exactions and Burdens upon his people as he did If these men who in all likelihood should have best knowne the Kings right especially in so high a point of profit had but had the least notice of so profitable a Prerogative as this would they not have been at strife which of them should first have put the king in minde thereof Or if they had held it questionable would they not have put it to some triall Certainly there can be no cause imagined that should make them thus to forbeare but either they were utterly ignorant of any such Prerogative or that knowing such a thing to be claimed by some of the ancient kings especially by Ed. 3. they knew likewise that it was in the same times continually complained of in Parliament and alwayes condemned and that there were acts of Parliament directly against it and this is more probably to bee conceived of them being men of such searching spirits and so well studied in point of Prerogative then that they were ignorant of the practise of Ed. 3. considering also that they were nerer to those times by 120 yeers then wee are But that which most of all moves me herein is that there was in H. 7. time such an occasion offered of making use of this Prerogative as there could not possibly happen any other that might better have justified the laying of Impositions which was this The Venetians to the intent to drive our Merchants from fetching sweet wines at Candy that they might the better imploy their owne ships and Merchants did impose upon every But of Malmesey brought thence by English Merchants foure Duccats by which means the English wholly lost that Trade and the Venetians made the whole profit thereof This mischiefe was no other way better to be remedied than by imposing the like or a greater charge upon Merchants of Candy bringing Malmsey into England that so they of Candy not being able to afford them better cheape than the English the English might still fetch them from Candy as they had wont to doe I say there could not possibly be a more justifiable occasion of laying Impositions than this was And did this king so carefull in other things of preserving his Prerogative and most of all in matters that concerned his profit take hold of this occasion to lay an Imposition by his absolute power Nay rather though he saw it convenient and in a manner necessary yet he conceived it to be unlawfull so to doe and therefore did it not by his absolute power but by assent of Parliament as may appeare by the Statute of 7 Hen. 7. cap. 7. printed where in the preamble of the Act you shall see the occasion of the making of the Act to be as I have opened it unto you and you may perceive by the body of the Act that for the counterpoysing of the imposition of foure Duccats laid by the Venetians upon our Merchants there was imposed 18s. for a But of Malmesey upon their Merchants bringing it hither to last as long as the imposition of foure Duccats which as appeares by the Act came but to 18s. of our mony should endure It is not probable that this king considering his other actions would have suffered this to have been done by Parliament if he had thought he might have lawfully done it by his absolute power And therfore it cannot almost be gaine-said that in these times this pretended Prerogative of laying Impositions without assent of Parliament was held to be against Law Hen. 8. his sonne and successor Hen. 8. was so farre from the disposition of his father in this point of thrift and providence Hen. 8. had a Subsidie of Tunnage and Poundage grāted to him for his life the first yeare of his Reign as appeares by the Parl. Roll. as there was not in the whol ranke of our kings any one like to him for excessive prodigality the great riches stored up by his father with so much care and left unto him hee so sodainly consumed in Triumphs Maskes Mummeries Banquets pompous and braving Warres as was that of Turwin and Turney and in the satsfying of his lust as he was out of very necessity enforced to crave most unreasonable aids of his Subjects in Parliament such as never before had been granted which through very dread and feare were yeelded to him yet not so satisfied that no meanes for the raysing of money might bee neglected or unattempted in the 15 yeere of his Reigne by the councell of that proud Prelate Cardinall Woolsey hee spared not to send out Commissions into every shire throughout the whole Realme with privy instructions to the Commissioners how they should with most advantage behave themselves in perswading the people to contribute to the king the sixt part of their whole estates to bee paid presently either in money or plate whereupon followed extreme cursing weeping and exclamation against the king and his councell and the people were in point to rebell had not the king stayed the proceedings of the commissioners by his Letters Finding that this way would not serve his turne hee demanded a benevolence which not answering his expectation hee did the same yeere raise unto himselfe a great deale of treasure by abasing his gold Such things as these Princes never put in practise but when all other meanes faile them and yet hee went many degrees beyond this For in the 27. yeer of his reigne he suppressed above 370 Religious houses the yeerly value of whose revenues I have read to be no lesse than 32000l. per annum in those dayes and that of their goods sold at very low prises he made above 100000l. in present money About 4. yeares after he dissolved all the Monasteries Abbeies Priories
Law together The Petition for present ease is to be released onely of the Maletolt of foure shillings upon a sack of Wooll which is yeelded to The security for the time to come is We will take no such thing The saving which followeth that is Saving the Custome of Woolls Woolfells and Leather I observe the saving extends not to woolls alone as the Petition doth but also to Wooll-fells and Leather by expresse name by which it is evident that the securitie for the time to come is of a larger extent than to stretch onely to Woolls as hath been objected For else to what end should Wooll-fells and Leather be excepted in the saving if they had not been contained in the generall words no such thing An exception cannot be but of a thing contained in former words If therefore the grant would have extended to Wooll-fells if they had not been specially excepted then doe I conclude by the same reason that it doth extend to all other Merchandizes not excepted for the words are generall And so I leave this Law cleered of all objections and very full against Impositions The next Statute made against them is 14 Ed. 3. The fourth Statute urged against Impositions 14 E 3. cap. 11. cleered from objections cap. 21. By the first part of which Law you may perceive that whereas the Commons had prayed the King not to take of Woolls Wooll-fells Leather Tyn or Lead any more than the ancient Custome the King prayed them to grant him forty shillings upon a sack of Wooll for a yeer and a halfe which they granted whereupon the King by way of Retribution and in answere of their Petition as touching the Wooll causeth it to be enacted for their Security in time to come That neither he nor his heires would demand assesse nor take more custome of a sack of Wooll than sixe shillings eight pence And so likewise upon Woolls and Leather no more than the ancient custome without assent of Parliament All this while there is no answer given touching the Tyn and Lead mentioned in the Petition upon which as it appears the King had also laid Impositions But there doe follow certain generall words by which not onely Tyn and Lead but all other Commodities whatsoever are freed from Impositions The words are The King promised in the presence of his Earles Barons and others of his Parliament no more to charge set or assesse upon the Custome but in manner aforesaid Except these words doe extend to Lead and Tyn to free them from Impositions for times to come as well as woolls wooll-fells and Leather are freed by the former speciall words their Petition touching Tyn and Lead is no way answered And if they doe extend to Tyn and Lead by reason of the generalty of the words they doe by the same reason extend to all commodities For what more liberall words can there be than these That the King will not charge set or assesse upon the custome these words the custome being words indefinite are you know equivalent to an Universall according to the rule Indefinitum aequipollet universali And although the King doe but promise yet I doubt not but in this case his promise is a Law And it is worth the observing that the Lords doe in very extraordinary and unusuall manner solemnly undertake as much as in them lyeth that they shall procure the King to hold the same and that they shall in no wise assent to the contrary if it be not by the assent of the Prelates Earles Barons and Commons and that in full Parliament and for the greater surety and to give cause to eschew all counsell to the contrary of this Ordinance the Prelates have promised to give sentence upon them that counsell against the same in any point which are the very words of the Statute in print The Statute of 14 Ed. 3. cap. 21. was yeilded unto by the King 13. Ed. 4. no. 5. Ro. Par. upon a Petition exhibited the Parliament before both by the Lords and the Commons praying that a Law might be made against Impositions as may appeare by the Records of the 13 yeere of Ed. 3. at which time they likewise prayed that the King would be pleased to grant them a Charter to the same effect to be inrolled in Parliament The Statute you have heard the Charter followeth in our printed bookes immediately after the Statute where the King in the preamble thereof reciting the great gift that he had given him at the same Parliament that is to say the 9th Fleece 9th Sheep 9th Lamb throughout the Kingdom which indeed was a very extraordinary great guift and therefore his grant in regard thereof is to be intended so much more beneficially doth in lieu thereof for him and his heires grant to his Subjects in these words From henceforth they shall not be charged nor grieved to make any ayde or to susteine charge if it be not by the Common assent of the Prelates Earles Barons and other great men and the Commons of our said realme of England and that in Parliament It hath been objected that these words Aide and Charge are to be understood of Charges within the Land such as are Taxes and Tallages An Objection that the stat of 14 Ed. 3. An. 21 extendeth only to Impositions within the land and not to Imposition upon Merchandizes is answered and not of Impositions upon Merchandizes And this is the only Objection made or indeed can be made against this Statute For the cleering of which I can say no more then already I have proved by matter of Record for the opening of the sense of this Statute viz. That this Charter and the last Statute were made upon a Petition exhibited in Parliament for a law and Charter to be made against Impositions upon Merchandizes And therefore that conjecture of theirs that it should extend only to Taxes and not to Impositions cannot but fall to the ground especially since there is not in the Petition any mention at all of Taxes or Tallages or of any other charge or aide but impositions onely then which there cannot allmost be a cleerer proof then that this Law being made upon this Petition is to be expounded against Impositions which if this Petition had not been extant would with no lesse cleernesse have been proved by considering the mischiefe at the time of the making of this law which was not Tallage or Taxes but those heavie Impositions of Foure pound and five pound upon a sack of Wooll by way of dispensation with the Statute of 11. E. 3. cap. 1. of which I have formerly made mention So as this Statute being made in the first intention against dispensations for money with a penall law though the occasion were particular yet the words being generall I hold that with reason it may be extended against all dispensations with penall lawes for money in particular I hold that the raising of money by dispensations with the Statutes
Kings and that he may open them and shut them upon what conditions he pleaseth answered and in regard thereof he may open and shut them upon what conditions he pleaseth I answere I. That the Position that all the Ports are the Kings is not generally true For Subjects may also be owners of Ports as may appeare by the Patent Roll of 3. E. 1. M. 1. Parl. where you shall finde that King Ed. 1. granted to the Lords of Port Townes the forfeitures granted to him by Parliament for not duly paying the new Custome of the demy-Marke within every severall Port of theirs where the Merchandizes should happen to be imported or exported But admitting the truth of the position yet is the consequence as weake and dangerous as of any of the rest of their arguments For are not all the gates of Cities and Townes and all the Streets and Highwayes in England the Kings and as much subject to be open or shut at his pleasure as the Ports are Nay whensoever we speake of the Highway in any law businesse we call it via Regia the Kings Highway and the King in his Commissions speaking of London or any other Citie calls it Civitas nostra London or Civitas nostra Exon Doth it follow therefore that the King may lay Impositions upon every man or upon all Commodities that shall passe through any of these places Nay the gates of the Kings owne house for the purpose his Pallace of Westminster are his in a farre neerer degree then any of these may he therefore by his Proclamation impose upon every man that shall passe in or out at Westminster Hall doore a summe of money Doubtlesse he may not because the King is a person publike and his Subjects ought to have accesse to him as to the fountaine of Justice and to the Courts of Justice sitting by his authoritie I make little doubt but his Majestie may upon just occasion cause any of these passages to be shut as he may also the passage at the Havens But when the Passage may without danger to the State be open and that the Subjects may passe his Majestie may not then exact money for their passage For the law hath given the King power over these things for the good of the Common-wealth and not thereby to charge and burden the Subject If the King may not exact money for passage in and out of his Court gates because of the publikenesse of his Person Nor for passage through the gates of Cities much lesse may he for passage out at the Ports which are the great gates of the Kingdom and which the subject ought as freely to enjoy as the ayre or the water Another of their arguments is this The fourth argument that the King is bound at his owne charge to protect Merchants therefore it is necessary it should be in his power to lay moderate Impositions upon Merchandizes for raising of money to defray his charge Answered The king is bound to protect Merchants from spoile by the enemie he ought to fortifie the Havens that their ships may there abide in safety he ought if occasion be to send Ambassadors to forrein Princes to negotiate for them and many the like charges is the King by the Law to undergoe for the protection of his Merchants It is reason therefore that his expence be defraied out of the profit made by Merchants and consequently that he may impose upon Merchandize a moderate charge thereby to repay himself The consequence of this Argument is thus farre true The law expects that the King should protect Merchants therefore it alloweth him out of Merchandize a revenue for the maintenance of his charge which is the old Custome due as at first I said by the Common law But it is no good consequence The Fifth Argument that all forraine Princes have power to impose and if our King had not the like it might be very inconvenient to this State Answered that therefore he may take what he list no more then he may at his pleasure increase that old revenue which the law giveth him for protecting of Subjects in their suits or for protecting Wards c. Another Argument of theirs is this All other Princes of the world may impose upon merchandize at their pleasure and so may make our Merchandizes lesse vendible with them by laying an Imposition upon them to be paid by us when they are brought into their Territories whereby their owne Commodities of the same nature may be sold more to the gaine of their Merchants and our Merchant impoverished or driven from his Trade They may also lay Impositions upon our Merchants fetching Commodities from thence and leave their owne Merchants free from any Imposition in the same case by which their merchants shall reape all the profit by that commoditie in affording it better cheape to us here then we can fetch it and consequently our merchants shall be undone Many the like cases have been put to prove That if the King of England may not impose as other Princes may they shall be able at their pleasure to destroy our trading This I conceive was the same as now it is during all that time from Ed. 3. till Queen Mary and doubtlesse it could not but sometimes during that long space so fall out that forreine Princes did put their power in practise to our prejudice and yet we heare not of any Imposition laid by any of our Kings by their absolute power which may give any man assurance that they tooke some other course to meet with the inconvenience and in deed the meanes are divers which these our Kings used to prevent it First they were carefull in all their Leagues and Treaties with forrain Princes specially to provide for it as may appeare by the Records of the ancient Leagues Neither is there any League of late time that hath not had an Article for provision in this point which Leagues for the most part are upon oath on both parts And yet for further securitie our Kings have always had Ambassadors resident in the Courts of such forrain Princes to put them in minde of their Leagues if upon any occasion our Merchants have in that case happened to be never so little wronged by them if upon complaint of the Ambassador our merchants have not found redresse our Kings have held the League as broken and denounced Warre or seised all the goods of the same Princes Subjects within England and I dare say there have been more warres undertaken by our Princes against forrain nations onely for this cause then for any one other cause whatsoever Besides our Kings have in this case sometimes made use of that their Prerogative of restraint either by prohibiting our Merchants from carrying our Commodities into those parts where they are charged with Impositions that so by the want of our Commodities forraine Princes might be enforced to abate their Impositions laid upon them or by restraining the Merchants of forrain Princes to import or export commodities from hence By which meanes forraine Princes have been compelled to deale favourably with our Merchants for the good of their owne Subjects All these are lawfull and ordinary means to prevent or redresse the inconvenience which may grow by the Impositions of other Princes If all these ordinary means should happen to faile which can hardly so fall out and that the laying of Impositions be indeed the only means that is left to redresse the inconvenience why should not that be done by Act of Parliament as well in these times as it was in 7. H. 7. cap. 7. to take downe the Imposition of Foure Ducates upon a But of Malmsey imposed by the Venetians And as it was done by Queen Eliz. the 19. yeere of her Reigne to prevent the laying of Impositions by forraine Princes upon Salt-fish as may appeare by the printed Statutes of 19. Eliz. cap. 10. But as I have said the providence of the Prince and ordinary power of restraint may very well meet with the inconvenience These are the chiefe reasons made in maintenance of impositions the weaknesse of them and their dangerous consequence you cannot but perceive For by the same reasons Taxes within the Land may be as well proved to be lawfull On the contrary part you have heard the reasons against impositions fortified by many Records and Statutes in the point So as I conclude that Impositions neither in the time of warre or other the greatest necessitie or occasion that may be much lesse in the time of peace neither upon forraine nor inland Commodities of whatsoever nature be they never so superfluous or unnecessary neither upon Merchants Strangers nor Denizens may be laid by the Kings absolute power without assent of Parliament be it for never so short a time much lesse to endure for ever as ours Though this be now my opinion yet am not I so obstinate therein but if yet I heare better reason I will once againe change my minde in the meane while you see I had reason to alter my first opinion as being grounded upon very weak Reasons as now they appeare unto me And so I suppose they doe also unto you FINIS 7o. Julii 1641. AT a Committee of the Honorable House of Commons for Examination of books and of the Licensing and Suppressing of them c. It is Ordered That this Argument upon Impositions be forthwith published in print EDWARD DERING