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Of the ancient duties called Prizes, taken out of Forreign goods imported, except Wines, and the petty-Customes of three pence of the pound were accepted by King Edw. 1. in lieu of Prizes.
FOr the Forreign commodities which are brought into England, our Kings in ancient times did not take any Rates, or Customes, or Sums of Money, but took such part of the severall commodities in specie, as they thought fit for their pro∣per
use, paying for that they took a price as themselves did likewise think fit and reasonable, which was called the Kings price; this Prerogative is proved by the rule of the Imperiall Law, Rex nonrecognoscens superiorem potest è India in pro∣pria causa, and also by the rule which is given 31 Edw. 3. 60. where the Bishop of Norwich having forfeited to the King thirty Talents of Beasants of Gold, be∣cause the quantity and value thereof was uncertain, it was adjudged that the Kings House should set down of what quantity and value every Talent should be, and that the same should be paid ac∣cordingly; and by the same Prerogative, whensoever any Subject is to pay a Fine or Ransome unto the King for a con∣tempt, The King himself doth limit and set the Fine or Ransome at his own will or pleasure.
The Forreign commodities thus ta∣ken 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 Kings Coffers, That pru∣dent Prince Edw. 1. by that famous Char∣ter 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 appreti∣atio 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 Merchants Strangers did grant unto the King three pence upon the pound, now called the petty-custome, out of all For∣reign Merchandizes imported, except Wines; and for our Native commodi∣ties exported, they would pay for every Sack of Wooll four pence, and for every three hundred Wooll-fells six shillings and four pence, and for every last of Lea∣ther a demi mark, over and above the duties payable by Denizens for the same commodities; which grant being made by the Merchants of every Nation, not being incorporated and made a body politick, is in respect of them of no force of the rule of the common Law, until the Kings charter made it good and maintai∣ned it, untill it was confirmed by Parli∣ament 27 Edw. 3. which was fifty years after the date of the Charter, upon the
matter these duties payable by Mer∣chant Strangers, were onely Impositions raised and established by the Kings char∣ter, which Charter being made in Eng∣land, was after wards established, exem∣plised under the Great Seal of England, and transmitted into Ireland, with a spe∣cial Writ directed to the Officers of the Customes there, to levy three pence of the pound, and other duties mentioned in that Charter, as appeareth in the Red Book of the Exchequer there; by ver∣tue of which Writ onely, without Act of parliament, the three pence of the pound and other duties were levied and paid to the Crown in Ireland.
31 Fd 3.60.
27 E.3.