coloured or masked under any such pretence, or politick invention, as you have heard, but plain and direct, only his owne expresse Coinmmandment to his officers, to collect of every merchant so much for such a commoditie, exported or imported, and to answere it into his Exchequer, without any recitall in his commissions, of grant, assent, guift, loane of merchants, dispensation, or ordinance in parliament, or any other such colourable pretext whatsoever.

These indeed, and only these, are meer Impositions, and may be aptly compared with these of our times. Of this kind, amongst all the records of Edward the 3rd's time, I find only two, which I will truly open unto you. [21 Ed. 3. No. 11. Ro. Par.] The first is in the 21st of his reigne, where it appears, that Lionell, afterwards duke of Clarence, named upon the record Lionell of Antwerp, because I suppose he was there borne, the kings second some, being then guardian of England, whilest the king his father was at the siege of Callise, at a counsell by him held the same yeere, which I take to be no other than the privie counsell, assessed without assent of parliament, upon every sack of wooll two shillings, upon every tun of wine two shillings, upon every pound of aver de poys of merchandizes imported sixpence. This Imposition was, I must confesse, for ought I know to the contrary, such as our present Impositions are: I mean, in that it was imposed onely and simply by the kings absolute power, and may in that respect be the fourth, of that number of sixe, which I told you were all that could be found in any degree like to ours, ever to have been practised in this commonwealth, fram the conquest t'll queene Maries time. But though in the authoritie of imposing it be like, yet in circumstances very material you shall find an apparent difference between them,

First, this imposition is very moderate in the sum, as you may perceive; for it was but two shillings upon a sock; whereas in 13 Ed. 3. forty shillings upon a sack of wooll was usuall, and sometimes nitty shillings.-Secondly, it was to continue no longer then till Michaelmas following-Thirdly, it was laid in the time of a most chargable warre, and ordained to be imployed for the maintenance of ships of warre at sea, for the safeguard of merchants in their passage, of which it is apparent there was at this instant very great necessitie; for it was, as I have said, imposed then, when king Ed. S lay at the siege of Callise.

Besides, such as it was, and so qualified as you perceive, it was neverthelesse complained of in parliament, by a petition from the commons, as may appeare by the records of the same of 21 Edward 3. To which petition or complaint this answere was given, that all the said impositions were already taken away, save only the two shillings upon a sack of wooll, which should last no longer than Easter; and seeing the same was ordained for the safeguard of merchants, in which there had 'been greater sums of money expended by the

king, than could be collected between that and Michaelmas, therefore to continue the 'same till Easter; he hoped it would not seen 'over-burdensome or grieveous unto them.' In the parliament following, viz. anno 22. the commons pray, that writs may bee directed to the customers to forbeare at Easter next to take the two shillings upon a sack, according as it was granted at the first parliament, and that it be not any longer continued by the procuremeat of any merchant. [22 Ed. 3. N. 16. Ro. Parl.] The king answereth, let it cease at Easter, as it was agreed the last parliament.'

Here you sce it was absolutely taken away; and therefore though it had wanted these qualifications and circumstances which I have observed it had, yet, it being a thing so,publiquely condemned, it ought to be of little force with you to justifie these present impositions. But that which I observe out of this last record, maketh me rather to incline, that, this imposition was onely by way of dispensation, then that it was an absolute imposition, such as ours are. For to what end, I pray you, should the commons pray that it might not be any bonger continued by the procurement of any merchant, except it were likely that merchants for their benefit should pray the longer continuance thereof; and what benefit can any imposition whatsoever bee to a merchant, except it bee by way of dispensation to give him leave to trade, where before such dispensation given he stood altogether restrained? If then it be an imposition by way of dispensation with a penall statute of restraint, then is it no president for our present impositions, But whether or no it be a dispensation or absolute imposi tion, I leave it to your judgements. You have heard my observation.

And so I come to the next precedent in the times of Ed. 3. produced for maintenance of our impositions, which was in the 24 yeere of his reigne, the record of which [N. 12. Orig. de Scac.] and that which followed thereupon, I will, without any inforcement at all, open unto you, and so leave it to your censures. The king reciting, that whereas the Spanyard and French had joyned in league to make warre against him, and that for the with-tanding of his said adversaries, as also for the safeguard of merchants against pirates, he had ordained, that certaine ships should be set forth, and that for maintenance of the said ships there should be paid by merchants two shillings for every sack of wooll, two shillings for three hundred woolfells, foure shillings for a last of leather, a scute of gold, or foure shillings for a tunne of wine, and Sixpence of the pound upon all other merchandizes for one yeere following; he commandeth his customers to levy the same accordingly.

The very next yeere and parliament following, the commons exhibite a petition in parlia ment against impositions and other like charges, without assent of parliament; [25 E. 3. N. 12. Rot. Par.] to which answer is given, That it is not the kings intention they should be charged.'

I have now gone through all the materiall

:

Records here amongst us, of the times of Ed. 3. in which, though his reigne were very long, and by reason of his warres, and other excessive charge, more occasion was given him to try the strength of this point of the prerogative, than ever any king before or since; though oftentimes, and by many politicke inventions, as you have heard, he attempted to establish this prerogative, of laying impositions without assent in parliament: yet can there not be produced in all his time, any more then two presidents of impositions like to these of ours: that is, imposed by the kings absolute authority. And yet these two were also, as you perceive, qualified with such circumstances, as, if ours were such, we should have held them tolerable, though perhaps not lawful!. Yet they, such as they were, cscaped not without being complained of, and condemned also in parliament, as you have heard.

It may perhaps be, that some one or two of these impositions, which were by assent or grant of merchants in this time of Ed. 3. were in times when the passage was open, and not restrained by act of parliament, and so to be compared to our impositions. But whosoever shall, by looking over the statutes and records with never so much heed, consider the times of opening and shutting of the sea by statutes, shall finde it so intricate, as hee shall be very hardly able directly to say, that, at the time when any of these impositions were granted, the passage was open. If in my observation I had found any such, I should have admitted it for an absolute imposition, as I have done Charta Mercatoria, which was by grant of merchants; for certainly, as I have yeelded, the grant of merchants is in this case of no other effect, then the declaration | only of their assent; and the imposition resteth meerly upon the king's authority. But I finde none such. If any such could be produced, you have heard, how they have beene from time to time controlled in parliament.

And so I passe from E. 3 to the times following. From the end of the reign of E. 3 till the reign of queen Mary, who was the 11th prince of this realme after Ed. 3 (as Ed. 3 was the 11th after the conquest) being the space of 170 yeeres or thereabouts, it hath been confessed by all those that haue argued in maintenance of his majesties right to impose, that there hath not been found one record that proves any one imposition to have been laid. There are indeed in our printed bookes some three or foure statutes during that time, in which mention is made of impositions; but they are, as I shall prove, impositions of another nature then those are which we complaine of; and so make nothing at all to the proofe of his majestics right: or if they were such as ours are, yet are they no where found mentioned but with disgrace, and to the end to be taken away; which may be the reason, that notwithstanding the great use that might have been made of three or foure presidents of impositions in these times, for the patching up of a continuance of the practise, which otherwise by this long discontinuance re

ceives a great blemish; those which argued for impositions did not take hold of these, but chose rather to confesse, that no impositions at all were iaid during all this time, and labored to seek out the reasons of the discontinuance.

I will briefely shew you what Statutes they are, during that time (viz. after the end of Ed. the thirds raigne untill qu. Maries.] which mention impositions. The first is 11 R. 2, cap. 9. No imposition nor charge shall be put upon woolls, leather, or woollfells, other than the custome and subsidie granted to the king this present parliament; and if any be, the same shall be repealed and annulled, as it was another time ordained by statute, saving alway to the king his ancient right. If by this saving the pretended right of imposing should be excepted, as was said in the Exchequer, the saving should then be contrary to the body of the act; and therefore it must needs have some other inter

pretation, that it may stand with the rest of the act, and not condemn the law-makers of so much want of discretion. Therefore doubtlesse this (saving) is no other then an exception of the ancient rightfull customes, due upon those staple commodities. And for my part I am of opinion, that the statute was made, not so much to take away any imposition laid by this king R. 2, as out of a provident and prudent care in the law-makers, proceeding from the fre-h memory of the practise of Ed. 3 in this kinde; for all those that were of this parliament, did live and were at mans age in Ed. 3. time, and could not but well remember the grievousnes of his impositions. Besides, I observe, that they desire, that no imposition be laid by way of addition to the subsidie upon woolls and leather then grantcd. It was never heard till of late, that an imposition upon any merchandize was charged at the same time with a subsidie; and therefore without question, this was no other then an aboundant provision by them, wherein they were no more carefull then any wise man would be in the like case. When they had of their own free wills given the king a liberall gift, they were careful not to be further charged by him.

The next statute in these times, where impositions are found mentioned, is, 23 H. 6 cap. 18. By which it appeares, that English merchants, being restrained from repayring to Gascoigne and Guien, to buy the wincs of that country, they were neverthelesse suffered to repaire thither paying certaine new impositions, which were demanded of them. Upon complaint hereof, it was enacted, that all English merchants might freely passe into those parts, and buy wines there at their pleasure, without any new imposition or charge to be put upon them; for that such impositions were to the damage of merchants, and to the hinderance of all the kings people if any were demanded by the kings officers, the officers so demanding them 'should forfeit 207. besides treble damages, to the party grieved.'

That these impositions were by way of dispensation with a statute, which restrained the repaire of English merchants into those parts,

necessitie were never so great.-Another prerogative, as much concerning the interest of the subject as this of impositions, namely the abasing of coyne, this king made no scruple at all to put in practise, because he held it to be lawfull. His sonne, and next successor, Hen. 5. who, by his many victories over the French, and his nable disposition and behaviour towards his people, was so farre beloved of them, as never was king of this realne more, though the kingdome were now, by one degree of discent, more firmly setled upon him then it was on his father, who usurped it; though also his expence of treasure, by reason of that great warre in France, were as much, as any king's of England ever were; though he bad troubles also from his neighbours the Scots, and within his owne realme by rebellions; and lastly, though he spared not, for supplie of treasure, to suppresse above 100 priories of aliens; yet neither out of the strength of his love with the people, nor in his extreame necessity, by reason of these honourable warres in France, for the maintenance of which the people would willingly have undergone any burden which he would have laid upon them, especially after the victory at Agencourt, did he ever so much as attempt the laying of impositions.

His successor Hen. 6. though indeed of a meek spirit, yet he was so followed with troubles within the realme, and from abroad, that he was inforced to crave such an extraordinary aide of his subjects in parliament, as the levying thereof was the cause of that famous rebellion of Jack Cade in his time. Besides, in the 18th yeere of his reigne, for the ease of his charge and supply of his wants, all grants by him made, of any lands, rents, annuities, or fees whatsoever, since the first day of his reigne, were resumed: and this is never yeelded to, but in cases of extreame necessity. As for impositions, notwithstanding his great wants, he thought not of them.

Edw. 4. that succeeded him, was no lesse free from troubles; for he was, as you know, driven to forsake his kingdome, and to live for a while like a banished man with the duke of Burgundy. He was also inforced in the 5th yeere of his reigne to make a resumption; and the same yeere to abase his coyne. And Comines observeth of him, that he obtained a subsidie of his subjects in parliament, upon condition that he should himselfe in person undertake the war in France; and that only to get the subsidie, he passed the seas into France, but presently returned without doing any thing. What should such shifts as these have needed, if he might, without being beholding to his subjects, lawfully and without controll have raised treasure by laying of impositions? It is well worth the remembering, that which the same Comines, speaking in commendation of the frame of this commonwealth, saith, that this state is happy, in that the people cannot be compelled by the king to sustein any publique charge, except it be by their own consent in parliament.'

VOL. II.

I proceed from Ed. 4. to Hen. 7. omitting Ed. 5. and Ric. 3. because of the shortness of their reignes. Hen. 7. had indeed a more peaceable time than any of his predecessois; and yet he was not altogether free from troubles, both within the realme and from abroad *. But his natural inclination was rather to embrace peace. He was so provident and politique in the gathering and storing up of treasure, as never any prince of this realine was therein to be compared to him. He did hiinselfe take the accounts of his revenues, which I have seen under his own hand. He had for his assistants about him Empson and Dudiey, men learned in the lawes, and by all probability very conning in all the profitable points of the prerogative; men that intended or studied little clse than the advancing of their masters profit; men even till this day infamous for their wicked counsell, in perswading that good king to lay such heavy exactions and burdens upon his people as he did. If these men, who in all likelihood should have best knowne the kings right, especially in so high a point of profit, had but had the least notice of so profitable a prerogative as this, would they not have been at strife which of them should first have put the king in minde thereof? Or if they had held it questionable, would they not have put it to some triall? Certainly there can be no cause imagined, that should make them thus to forbeare, but either they were utterly ignorant of any such prerogative; or, that knowing such a thing to be claimed by some of the ancient kings, especially by Ed. 3, they knew likewise, that it was in the same times continually complained of in parliament, and always condemned; and that there were acts of parliament directly against it. And this is more probably to bee conceived of them, being men of such searching spirits, and so well studied in point of prerogative, then that they were ignorant of the practice of Ed. 3. considering also that they were neerer to those times by 120 yeeres then wee are.

But that which most of all moves me herein is, that there was in H. 7's time such an occasion offered of making use of this prerogative, as there could not possibly happen any other that might better have justified the laying of impositions, which was this. The Venetians, to the intent to drive our merchants from fetching sweet wines at Candy, that they might the better imploy their owne ships and merchants, did impose upon every butt of malmesey brought thence by English merchants foure duccats; by which means the English wholly lost that trade, and the Venetians made the whole profit thereof. This mischiefe was no other way better to be remedied, than by imposing the like, or a greater charge, upon merchants of Candy bringing malmesey into England; that so

*H. 7. had a subsidy of tunnage and poundage granted to him for his life, as may appear by the Parl. Roll, 1 II. 7, which appeares no where in our printed books.

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