Jus imponendi vectigana, 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 generall reason and policy of state / by Sir John Davis ...

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 dyed in the

fiftieth year of his reign; and during all this time, as there lay upon him a conti∣nuall charge for the continuance of his VVars, 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 dayes, that Raimundus: Lullius* 1.1 the famous Alchimist, did make that Elixer for him, whereas his improving of those duties which were paid for Merchandizes, was the true Philosophers Stone, which did enrich him, and enable him to spend so many Millions in his VVars 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 and repealed by Edw. 2.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 customes and duties payable by the Charter, praetextu ordinati∣onum 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.* 1.2 Rot. fin. memb. 39.* 1.3 in Archivis turris.

Afterwards the Records of this Kings time do plentifully declare, That he by vertue of his Prerogative, without Act of Parliament, laid many great Impositions, and raised extraordinary profit upon Merchandizes, though not alwayes 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 fourty shillings upon a Sack of Wooll, with a ratable proportion upon other commodities, for levying whereof hee only sent out his Writs to the Collectors of his Customes in every Port; and this kind of Imposition being of the nature of the Impositions now in question, was more usuall and frequent than any other in this Kings reign, as appeareth by sun∣dry Records* 1.4 in the Exchequer, and in the Tower of London, 17 E. 3.Rot. 308. in Sccio Angliae.* 1.5 21 E. 3.Rot. Parliament. numb. 11.in Arch. turris, 24 F. 3. Rot. 12. Sccio An∣gliae. 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.Par∣liament. numb. 26. in Arch. turris. 40 E. 3. Rot.7. Sccio Angliae. 50 E. 3. Rot. Parlia∣ment. numb. 163.in Arch. turris.

At other times he sent out Commissi∣ons to take up great quantities of Wooll 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 spe∣ciall Record in the Tower, 12 E. 3. Rot. Almaniae pars 1. numb. 3.* 1.6 in dorso. These ta∣king prizes of English Merchandizes, are the first I find in any Record (for the Kings provision of Houshold, is of another nature.) But the King took these Woolls in point of Prerogative, as his Predecessors were wont to take prizes of all Forein commodities, untill King E. 1. did remit all prizes to Merchant Stran∣gers, by Charta Mercatoria, as is before ex∣pressed; and also such of English Mer∣chants as would pay the customes restrai∣ned by that Charter, were offered the like immunition from prizes, 31 Ed. 3. Rot. Parliament, numb. 24.* 1.7 But our English Merchants refused the benefit of that Charter, and therefore the King it seem∣eth 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 commodi∣ties, for which licences he took fourty 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.* 1.8 Rot. 2. in Sccio Angliae, 14 Edw. 3.* 1.9 Rot. Parliament. in Arch. Turris.

Thus did this warlike and politique Prince, King Edw. 3. by his Prerogative, without Act of Parliament, lay sundry Impositions and charges upon all sorts of Merchandizes; and although upon Peti∣tion of his Subjects in Parliament, when they granted him other Aids and Subsi∣dies of greater value than these his Im∣positions, he did many times remit and release those Impositions, yet did he often times renew the same, or impose the like again, when the Aide or Subsidy granted in recompence was speut, as shall be shew'd more particularly when I com to answer the Objections which have been against His Majesties rightfull pre∣rogative, in laying Impositions upon Merchandizes.

Notes

• * 1.1

  Raimundus Lullius.
• * 1.2

  1 Ed.1.
• * 1.3

  Rot. fin. m.30. in Archivis Turris.
• * 1.4

  Le Re∣cords.
• * 1.5

  17 Ed:3. Rot.308. in Sccio. Angliae, &c:
• * 1.6

  12 Ed.3. Rot. Al∣maniae. pars 1. numb.3.
• * 1.7

  31 Ed.3.Rot.Parl.numb.24
• * 1.8

  13 Ed.1.
• * 1.9

  14 Ed.3.