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. XVII.

Of the Profits raised unto the Crown out of Merchandizes during the reigns of seve∣ral Kings who succeeded K. Edw. 3. untill the reign of Queen Mary.

TRue it is, that during the reign of these Princes, we finde no Impo∣sitions directly set upon Merchandizes by their absolute power or prerogative; but they did not forbear to lay Imposi∣tions directly, for that they wanted right so to doe, 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 Merchan∣dizes, and that in another manner, and in so high measure, as the trade of Mer∣chandizes in those daies could hardly bear any greater charge, without dan∣ger of overthrowing all Trade and Co∣merce: And therefore those Princes

did in their wisdomes forbear to lay any further Impositions by their Preroga∣tives: For these Kings who reigned after King Edw. 3. who conquered Callis in France, and before Queen Mary lost Cal∣lis, had two principal waies and meanes to raise extraordinary profits upon Mer∣chandizes, but proceeding from one cause, namely, from establishing the Staple at Callis; for King Edw. 3. some few yeares before his death, did by his Prerogative in point of Government, without Act of Parliament, erect a Sta∣ple at his Town of Callis, and did or∣dain, and command, that all the Mer∣chandizes exported out of England, Wales, and Ireland, by any Merchant De∣nison, or Alien, should presently be carried to the Staple at Callis, and to no other place beyond the Seas. This Sta∣ple at Callis was first setled and fixed there by an Ordinance which the King made by virtue of his Prerogative and absolute power in the government of Trade and Comerce, 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 penal∣ties layd by those Parliaments upon the transgressors of those Ordinances: In∣somuch 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 Callis onely. Now the Staple of Callis being thus established, there did arise a double profit to the Crown for transportieg of Merchan∣dizes over and above the ancient Cu∣stomes and other Subsidies granted by Parliament.

First it came to pass, that the Customs and Subsidies for Merchandizes trans∣ported out of England, Wales, and Ire∣land, which before was single, and payd but once, that is, upon the outgate; after the establishing of the Staple at Callis, the duties for the same Merchan∣dizes became double at the least, and for the most part treble, and were ever payd 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 Callis; and

because all the commodities brought into Callis 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 Ilands of the Levant, there did arise a third payment of Customes and Subsidies for so much of their commodities as were exported again cut of Callis, by meanes whereof the Customes and Subsidies did amount to threescore thousand, or threescore and ten thousand pounds sterling, per annum,in the latter times of King Edw. 3. and during the reign of Rich. 2. Hen. 4. Hen. 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 Customes, Subsidies, and Impositions received at this day, though that plenty of money, and price of all things, and consequently the expences of the Crown be exceed∣ingly

increased in these times.

And albeit the breach of Amity be∣tween the Crown of England and the Duke of Burgundy, who was the Lord of the Lower Germany, in the weak and un∣fortunate 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 Wooll and Cloth were vented, and uttered, and was likewise the cause of loss of all our Territories in France, ex∣cept Callis, and all the Merchandizes thereof, whereby the Customes, and o∣ther duties payable for Merchandizes were in the time of that unhappy Prince withdrawn, and diminished to a low proportion; yet afterwards upon the Mariage of Margaret, Sister to King E. 4. unto the Lord Duke of Burgundy, as that in honour of the English Wooll, which brought so much Gold into his Country, he instituted the Order of the Golden Fleece; and thereupon the Customes, Subsidies, and Impositions were raised a∣gain 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 Callis being first established by an order made by the Kings Prerogative and ab∣solute power, was afterwards approved and confirmed by sundry Acts of Parlia∣ment, yet did the King by another Pre∣rogative retain a power to dispence with that Ordinance, and those Acts of Par∣liament, and to give license to such, and so many Merchants as himself thought fit, to export any Merchandizes out of England, Wales, and Ireland, unto any o∣ther parts beyond the Seas besides, à non obstante of the first Ordinance, and of the Statutes which did establish the Staple at Callis. By virtue of this Prerogative and power, the several Kings who had Callis in their possessions, did grant so many Licences to Merchants, as well A∣liens as Denizens, to transport our Sta∣ple commodities immediately into o∣ther places without coming to Callis, for which Licenses, whereof there are an incredible number found in the Records of England, the Merchants payd so dear for their commodities, especially the Genoeses, and the Venetians, and other Merchants of the Levant, as by the pro∣fits made of those Licences did amount

to double the value of those Customes 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 Mer∣chandizes with any other, or greater Im∣positions.

In these two points before expressed doe consist the principal cause why the Princes of England who succeeded King Edw. 3. who won Callis, untill the reign of Queen Mary, who lost Callis, did not di∣rectly use their Prerogative in setting any other Impositions upon Merchan∣dizes above the ancient Customes 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 Callis, did augment not a little the profit layd upon Merchandizes. And may be a reason likewise why those Kings did forbear to lay any other Impositions by their Pre∣rogative.

We may adde hereunto other reasons. First, Rich. 2. was a Minor, and over∣ruled

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 posses∣sion of the Kingdome after those trou∣bles.

Fourthly, that King H. 8. had such a mass of Treasure left him by his Father, and did so inrich himself by dissolution of Abbyes, 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 Kings profit.

Notes

• Staple at Callis.
• E.3.
• R.2.H.4.H.5.