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 17, 2024.

Pages

Page 129

CHAP. XXVIII.

The fourth Objection, that the Prerogative is bound or taken away by divers Acts of Par∣liament.

FOurthly, It is objected, That though it were granted and admitted, that the King de jure communi, hath a rightful Prerogative to lay Impositions upon Merchandizes, yet that power say they, is restrained and taken away by sundry Acts of Parliament.

First, the Statute of Magna Charta, cap. 30. doth give safe conduct and free pas∣sage to all Merchants to buy and sell, abs∣que aliquibus malis tolnetis per antiquas & rectas consuctudines. Secondly, by the Act or Charrer of confirmation in 25 Edw. 3. The King doth release a Mayltolt of fourty shillings upon a Sack of Wooll, and doth grant for him and His Heirs, unto the Commons, that he shall not take such things without the Com∣mons consent or good will; and in the same Act or Charter reciting, that wheras divers people of the Realm were in fear, that the Aids and Taxes which they had 〈1 page duplicate〉〈1 page duplicate〉

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given to the King before that time, was towards his War, and other businesses of their own grant and good will, might turn to a bondage of them and their heirs, because in time to come they might be found in the Rolls, and were likewise grieved for Prizes taken throught the Realm, The King doth grant for him and his Heirs, That he will not draw such Ayds, Taxes, or Prizes, into a Custome, for any thing that had been done before that time, be it by Roll or any other president that may bee found. Thirdly, by the Statute 14 Edw. 3. cap. 12. the King doth grant that all Merchants Denizens, and Aliens, may freely come into the Realm with their goods and Merchandizes, and freely tary there, and safely return, paying their Customes, Subsidies, and profits thereof, reasonably due. Fourthly, by the Statute 11 Rich. 2. cap. 9. it is enacted, That no Imposition or Charge be put upō Wools, Wooll-fells, or Leather, other than the Custome or Subsidie granted to the King in that Parliament, if any be, the same to be adnulled and repealed, saving to the King his ancient right; there are other Acts of Parliament containing the same

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sence and substance, but these principal∣ly have been singled out, and cited as specially Statutes restraining and taking away the Kings Prerogative in laying Impositions upon Merchandizes.

Notes

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