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 ...
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Title
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 ...
Author
Davies, John, Sir, 1569-1626.
Publication
London :: Printed for Henry Twyford ...,
MDCLIX [1659]
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Subject terms
Commercial law -- England.
Tariff -- England.
Taxation -- England.
Cite this Item
"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 ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A37238.0001.001. University of Michigan Library Digital Collections. Accessed May 20, 2024.
Pages
CHAP. XXII.
Of the several objections that are made a∣gainst
the Kings Prerogative in laying Im∣positions
upon Merchandizes, and the se∣veral
Answers thereunto.
THE first Objection touching the
property which all free Subjects
have in their goods.
First, it is objected, that under a Royal
Monarchy where the Prince doth go∣vern
by a positive Law, the Subjects have
a property in their Goods, and inheri∣tance
in their Lands; Ad Reges potestas
descriptionPage 95
omnium pertinet ad singulos proprietas, So
as the King hath no such Prerogative,
say they, whereby he may take away
the Lands or Goods of a Subject with∣out
his consent, unless it be in a case of
Forfeiture.
And therefore though Samuel foretold
the people when they desired a King,
Hoc erit Ius Regis, tollere agros vestros, &
vineas, & oliveta, & dare servis suis:
Yet Ahab, though he were a wicked
King, did not claim that Prerogative
when he coveted Naboths Vineyard, nei∣ther
did he enter into it untill Naboth by
false witnesses was condemned and sto∣ned
to death for blasphemy, and then he
took it for a lawfull Escheat; but when
the King doth lay an Imposition upon
Merchandizes without the consent of
the Merchants, and doth cause the Offi∣cers
of his Customes to take and levie
the same; it seems sat they, they take
away the goods of the Subject without
his consent, and without cause of for∣feiture,
which is not warranted either
by Law of Nations, which brought in
property, nor by the Law of the Land,
which doth maintain property.