The works of Francis Bacon, lord chancellor of England.

278 ARGUMENT CONCERNING IMPOSITIONS, ETC.
the House, when the king doubteth not to put his It is one use of wit to make clear things doubtmessage into their mouth, as if he should speak ful; but it is a much better use of wit to make
to the city by their recorder: therefore, methinks doubtful things clear; and to that I would men
we should not entertain this unnecessary doubt. would bend themselves.
AN
ARGUMENT OF SIR FRANCIS BACON,
THE KING'S SOLICITOR,
IN THE LOWER HOUSE OF PARLIAMENT,
PROVING
THE KING'S RIGHT OF IMPOSITIONS ON MERCHANDISES IMPORTED
AND EXPORTED.'
AND it please you, Mr. Speaker, this question Fourthly, I do set apart three commodities, wool,
touching the right of impositions is very great; woolfells, and leather, as being in different case
extending to the prerogative of the king on the from the rest; because the custom upon them is
one part, and the liberty of the subject on the 1"antiqua custuma." Lastly, the question is not,
other; and that in a point of profit and value, and whether in matter of imposing the king may alter
not of conceit or fancy. And, therefore, as weight the law by his prerogative, but whether the king
in all motions increaseth force, so I do not marvel have not such a prerogative by law.
to see men gather the greatest strength of argu- The state of the question being thus cleared
ment they can to make good their opinions. And, and freed, nly proposition is, that the king by the
so you will give me leave likewise, being strong fundamental laws of this kingdom hath a power
in mine own persuasion that it is the king's to impose upon merchandise and commodities
right, to show my voice as free as my thought. both native and foreign. In my proof of this proAnd for my part, I mean to observe the true position all that I shall say, be it to confirm or
course to give strength to this cause, which is by confute, I will draw into certain distinct heads
yielding those things which are not tenable, and or considerations which move me, and may move
keeping the question within the true state and you.
compass; which will discharge many popular The first is a universal negative: there appeararguments, and contract the debate into aless room. eth not in any of the king's courts any one reWherefore, I do deliver the question, and ex- cord, wherein an imposition laid at the ports hath
elude or set by, as not in question, five things. been overthrown by judgment; nay, more, where
First, the question is ", de portorio," and not' deo it hath been questioned by pleading. This plea,
tributo," to use the Roman words for explanation "1 quod sumnia proedicta minus juste imposita fiuit,
sake; it is not, I say, touching any taxes within et contra leges et consuetudines regni hujus Anthe land, but of payments at the ports. Secondly, glide, unde idem Bates illain solvere recusavit,
it is not touching any impost from port to port, prout ei boene licuit;" is 1" prima impressionis."
but where "6 claves regni," the keys of the king- Bates was the first man ", ab origine mundi," for
dom, are turned to let in from foreign parts, or to any thing that appeareth, that ministered that
send forth to foreign parts, in a word, matter of plea; whereupon I offer this true consideration:
commerce and intercourse; not simply of car- the king's acts that grieve the subject are either
rliage or vecture. Thirdly, the question is, as against law, and so void, or according to strictthe distinction was used above in another case, ness of law, and yet grievous. And according to
"d oe vero et falso," and not "1 de bono et malo,' these several natures of grievance, there be seveof the legal point, and not of the inconvenience, ral remedies: Be they against law i Overthrow
otherwise than as it serves to decide the law. them by judgment: Be they too strait and extreme, though legal. Propound them in parlial
This matter was much debated by the lawyers and gentle- Propound them in parliamen in the Parliament 1610, and 1614, &c., and afterwards mont. Forasmuch, then, as impositions at the
g:ven up by the crown in 16-i1. ports, having been so often laid, were never