An abstract ovt of the records of the tovver, touching the Kings revenue, and how they have supported themselves by Sir Robert Cotton ...

Secondly, Vnlawfull or prohibited.

Thus did many of the Kings after such time as the heavy burthen of imposition began in the miserable necessity of H. 3. called then by no better name then Maltolt, and conti∣nued untill the 15: yeare of R. 2. by diverse intermissions, (for then I find the last Petition of many in Parliament a∣gainst it) was altogether taken away.

For when R. 2. and his Successors found the Revenue lesse∣ned, by the importunate cry of the people, whereby impositi∣ons were laid aside, then began to advise an other supply out of the unbounded Prerogative, and finding a greedy desire of one Merchant to prevent another of his market (restrained by that Statute which tyed them to one time, and one Port Calice for all Staple commodities) they used to sell Licenses with clause of Non obstante, whereby they dispenced with multitudes to trade what commodities, and to what places they would. To the Merchants of New Castle, R. 2. gave leave to carry Wooll Fells &c, to any Port besides Calice, upon condition that they should pay for them Custome and Subsidie according to Le sage discretion de vous & vostre Councel, to diverse Citizens of London H. 4. in like sort dis∣penceth for great quantities of Tynne for seaven yeares pay∣ing 1000. yearely above the custome H. 6. Anno 5.21. 30. reneweth to the Towne of New Castle the same License they had Anno 20. R. 2. and granteth 600. sacks of wooll to Benedict Benony, Merchant of Florence with an obstante any Statute or restraint. In this yeare such Licenses were so frequent that the Towne of Calice complained in Parliament of their decay thereby, yet without reliefe as it seemeth, for the same King Anno 36. giveth leave to Lawrence Barbarico to transport from London or Cicister 12000. sacks of Wooll to what Ports he list, and Edward the 4. Anno 10. borrow∣ing

10000. pound of diverse Merchants permitted them non obstante, any Law to carry any Staple Commodities to the straights of Morocco untill they were satisfied their summe.

H. 7. raised much money by giving leave to many Mer∣chants to trade inward and outward commodities prohibi∣ted, as to Alonso de Burgues great proportions of Wood, Anno 6. H. 7. and to a multitude of others all kinds of graine and other forbidden things: as in Anno 20, 21, 22.

Improving of Customes by

• 1. Farming out of Ships
• 2. Raising the booke of rates
• 3. Farming the Customes.

1. Farming out of Ships to the Merchants and taking se∣curity of them either to bring in or carry out yearly as much Commodities as shall yeeld the King in Customes the summe agreed on, or else to make it up out of their own money thus did H. 7. many years not only with his ships, but with divers stocks of money.

2. Raising the booke of Rates this was in some sort done Consensu Mercatorum by Ed. 1. and Ed. 3. And againe in H. 8. time of which the house of Burgundy complained as a∣gainst the treaty of entercourse, and of late so stretched, as it is feared it will prove the overthrow of Trade. Neither doe I finde this course at any other time, as a branch of this may partly fall out, the benefit Princes made by Preroga∣tive power of imposing inward and outward upon Commo∣dities over and above the ancient Custome or Subsidie.

The first that used this course after the State was setled from a King of a Voluntary government after the Conquest (when as Kings ruled more by the edge of the sword then by rule of Law was H. 3. about the entrance of his Reigne, but finding it to bee an apparent overthrow of Commerce and Trade, against the great Charter, made proclamation Anno. 16. H. 3. in all the Ports of England that all Mer∣chants might come faciendo rectas et debitas consuetudines

sed tibi timeant de Malistoltis for it had no better name then Maltolts. Some Impositions being laid by Ed. 1. he in An∣no 25. taketh them away with promise that neither hee nor his Successours should doe any such thing without assent of Parliament, granting in Anno 31. to the Merchants many immunities as release of prisage for which they requite him with some encrease of Customes, but not as imposed by his owne power, for he in Anno 34. declareth that no tallage or ayde should bee levyed without the assent of Parliament nor nothing to be taken of wools by colour of Maltolt, in E. 2. it appeareth that levying of new Customes, and rai∣sing olde, was the destruction of Traffique, and therefore repealeth all Maltolts, onely in Anno 11. & 12. he taketh by way of Loane, and with leave of the Merchant, some for∣mer encrease upon wooll, ascribing nothing to any supream power to impose.

The like did E. 3. Anno 1. confirming in Anno 2. the great Charter for free Traffique. But having about Anno Quinto granted certaine Commissions for a new kinde of raysing Tallage, rhe people complayned the yeare follow∣ng whereupon he repealeth the said Commissions, and pro∣miseth never to assesse any, but as in time of his Ancestors After in Anno 11. by reason of a Statute then made, restrai∣ning all men upon paine of death from transporting any woolls without Licence from the King and Councell. E. 3. made great advantage by selling of dispensations of that Law, and grounded upon it many impositions, but it fell so heavy upon the people, that their discontents so farre in∣creased that the King was enforced to cause the Archbi∣shop of Canterbury to perswade them to patience by his godly exhortations, yet notwithstanding hee continued by gentle intermissions the advantage hee had by that Law, ta∣king an improvement of Custome for opening the passage, that thereby was shut in. Anno 13. untill the same yeare the State made purch••se of their former freedome and discharge of the Maltolt by granting the tenth Sheafe and fleece, &c.

And thus it continued all his Raigne, being a time of great necessity and expence by reason of the warrs, he sometimes taking the advantage either to raise an imposition, or else to gaine an aide from the people in discharge thereof, they con∣tinually urging the injury in barring them their Birth-right; and the King on the other side, the greatnesse of his owne occasions, and it may be gathered by Record, that thus it held on, untill the fifteenth of R. 2. in which yeare is the last Petition against Impositions generally grounded (in likeli∣hood) from the Kings power in restrayning or permitting trade all the time after: though License with Non obstante were ordinary, yet were they to private persons and for par∣ticular proportions of commodities, whereby the King suc∣ceeding raised no lesse benefit then by sale of any generall permission.

To this of impositions I may adde the Rule I find Anno 20. H. 6. made in counsell, That all goods for payment of Subsidie shall berated of commodities domestick, as they may be sold betweene Merchant and Merchant; and if forraine, then so as it shall appeare upon Oath of the Merchant or his Factor they stood them in at the first, and the generall Maxime which limits all Regall advantage upon Trade of Merchants is, Vt causa honesta sit & necessaria, ratio facili•• tempus idoneum.

Notes

• Rot. Claus. An∣no 19. H. 3.
• Rot. Par. 15. R. 2.
• Ex. Bill. Signar Anno 20. R 2.
• Ex Pet. Anno 7, H 4 Ex. Pet Anno 5 R. 6. Ex. Act. Com.
• Ex. B ll•• Orig An. 10. ••. 4.
• Ex. lib. Comp. int. H 7 & Dud¦ley.
• Ex. lib. H. 7.
• Rot. Claus 29. E. 1. Rot. Almaigne 3. E. 3. Extract. Brux. Ell••.
• Mag. Charta. Dors claus, An 16. H 3. N. 20.
• Stat An. 25. E. 1.
• Rot. Par. 31. E. 1. M. 42.
• Stat. 34 E. 1. Ca 1. & 2.
• Rot. Cl••us An. 11. E. 2
• Rot. Finem 4 E. 3.
• Stat. 2. E. 3. Ca. 9.
• Stat. An 11 E 3. Cap 1.
• Rot. Almaine 12, E. 3. M. C. 22, in Dors
• Stat. 13. E. 3. Rot. Par•• 13. E Stat, 14. E 3.
• Lcience gran∣t••d by H. 4. H. 5. H. 6. to many Mer∣chants with Non obstante any Statute.