Upon all which, and divers Records by us seen, it
appeared to us, That the King cannot at his Pleasure
put any Imposition upon any Merchandize to be Impor∣ted
or Exported, unless for advancement of Trade, the
life of the Island, Pro bono publico. As if in For••aign
Parts any Imposition is put upon the Merchandize of our
Merchants non pro bono publico; to make equality, and
advance Trade, the King may put an Imposition upon
their Merchandiz••s, for this is not against any of the
said Statutes; which was the Case of Currants lately
adjudge in the Exchequer. And also of Customer Smith in
Queen Elizabeth's time.
And it was clearly Resolved, That such Imposition, so
put, cannot be demised or granted to any Subject, be∣cause
it is to augment and decrease, or be quite taken
away upon occasion.
And though the King may prohibite any person, in
some Cases, with some Commodities, to pass out of the
Realm, yet this cannot be where the end is Private, but
where it is publick; because Quam plurima nobis et Co∣ronae
prejudicialia in partibus exteris prosequi intendit; and
to restrain in time of Dearth or War for Necessitas est
lex temporis.
It appeared to us also, That at Common Law no
Custom was paid, but only for Woolls, Woollfells, and
Leather, which is called in Magna Charta, Recta consue∣tudo,
all others are called, Mala Tolneta; which in the
Statute de Tallagio non concedendo, is called Male. And it
hath of long time been used by Parliament, to Grant to
the Kings, at the beginnings of their Reigns,
certain Subsidies of Tunnage and Poundage for term of
Life, which began 2 & 3 H. 5. 31 H. 6. cap. 8. and
12 Ed. 4. cap. 3. which proves the King, by his own
Power, cannot impose it; and this may be granted by
the King, but the other no••. Vide 31 H. 8. Dyer 43.
1 Ma. D. 92. 1. Eliz. D. 165. 2 and 3 P. and M. D. 128.
12 Eliz. D 296. 23 Eliz. D. 375. 45 Ed. 3. cap. 4. 27 Ass. pl.
44. Register 192, &c.