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. XXXI.

The Answer to the fifth Objection.

THe Answer to this Objection* 1.1 is twofold; First, That which is ob∣jected is not true, for Tonnage and Poundage have been taken by the Kings Prerogative without Act of Parliament; Secondly, If it had been true, it is no Ar∣gument against the Kings Prerogative in this point, for what is Tonnage but a certain sum of money payable for every Tun of VVine imported? did not King Edw. 3 by force of his Charter Mercatoria, without Act of Parliament, take two shillings for every Tun of VVine im∣ported by Strangers? did not the same King set a new Imposition of Gauge, viz. upon every Tun of VVine brought into London, as is before expressed? and are not the severall Impositions of VVines taken by His Majesty in England and Ire∣land, a kind of Tonnage? being nothing else but extraordinary rates imposed upon ever Tun of VVine, and levied

and taken by the Kings Prerogative.

Again, was not the three pence upon the pound imposed by King Edw. 1. by his Charta Mercatoria, a kind of Pound∣age, and well nigh as great an Imposition as twelve of the pound granted at this day by Act of Parliament? if we consider the Standard of Monies in the time of King Edw. 1. when a peny sterling did contain as much or more pure Silver, as the three pence sterling doth contain at this day; but admit that no Tonnage or Poundage had ever been taken, but by grant in Parliament; yet it is no Argu∣ment, but that the King might impose the like or the same by his Prerogative, for three particular reasons: The first, because these Subsidies were granted for maintainance of the Navy Royall, the charges whereof were grown so great in the time of King Edw. 4.* 1.2 as appeareth by the Act of Tonnage and Poundage gran∣ted in the 12 year of that Kings Reign, that it sufficed not, nor in time to come was like to suffice or defray the charge of the Crown in keeping the Sea: these are the words of that Act, if then in the time of King Edw. 4. the Subsidy of Tonnage being three shillings upon a Tun of

VVine brought in by Denizens, and six shillings upon a tun brought in by Stran∣gers; and the Subsidy of Poundage or of twelve pence of the pound upon o∣ther Cōmodities was not then sufficient to bear the charge of the Royall Navy, which was not comparable by many de∣grees in strength, and beauty, and multi∣tude of Ships to the Kings Navie at this day; Doth it stand with reason, that the Crown should be stinted or limited ever after to take no more than those poor Subsidies granted at that time? that the King should wait for a Parliament, and pray an ayde of the Commons for a competent means to maintain the Walls of the Kingdom, when by the Common Law of the Realm he may grant Letters Patents for Murage, to maintain the Walls of a Corporate Town. If any un∣expected necessity should arise for repai∣ring of the Navy Royall, and making a Navall War, should the King expect a Parliament for a greater Subsidy to bee granted by the Commons before he should rigge and make ready his Ships, perhaps a Kingdom might be lost in the mean time; as if a Pilot sitting at the Helm, and seeing a sudden gust of wind,

would over-set the Ship, or perceiving her to be running on a Rock, should for∣bear to turn the Helm, or cause the Sail to be stricken, untill he had consulted with the Mariners or Passengers, and demanded their consent or counsell in the businesse; the Pilot himself with his Mariners and Passengers might be cast away, before they were agreed what course to take.

Secondly, these Subsidies of Tonnage and Poundage were first granted by Act of Parliament, in the time of the Civill VVars between the two great Houses of Lancaster and York, when the severall Kings were loath to make use of their Prerogatives, but were glad to please their people, and loath to impose any charge upon them, but by common con∣sent in those troublesome times.

Thirdly, Kings and Princes oftentimes of their own noble nature, and some∣times in policy, do accept that of their Subjects as a gift, which they might exact & take as a duty, and therefore our most potent and politique Kings have ordain∣ed and accepted many things in Parlia∣ment, which they might have done in their private Chambers by their own

prerogative, without any other Cere∣mony; who ever made doubt of the Kings Prerogative in establishing the Standard of monies, and yet how ma∣ny Acts of Parliament do we find tou∣ching Monies, in the times of King E. 1. and King Edw. 2? the Kings Prero∣tative in making & establishing Mar∣shall Law, was never yet in question, yet are there Acts of Parliament tou∣ching Musters, departures of Souldiers without their Captains Licences, or the like.

The King only doth give Honours, and places of precedency, yet King Hen. 8. made an Act of Parliament, whereby he rancked the great Offices of the Crown in their severall places, as well in Council as in Parliament.

No man ever doubted but the King being the Fountain of Justice, may erect Courts of Justice by his Preroga∣tive, yet we find the Court of Aug∣mentations, and the Court of VVards, erected by Act of Parliament.

Lastly, in the time of Edw. 2. we find an Act of Declaration of the prin∣cipall Prerogatives of the Crown of

England, were most undoubted and clear, yet His Majesty was pleased in his first Parliament to accept of an Act of Recognition.

Notes

• * 1.1

  The Answer to the 5. Object.
• * 1.2

  K. Ed.4.