custom subsidy and imposition custom subsidy and imposition note upon  conference between Popham chief justice and my self upon a judgement give late  in the exchequer concern the imposition of currant and upon consideration of  our book and of statute to this purpose it appear to we that the rule of the  commonlaw be in the register Title and quoth Dampnum and f n b a quoth  native land to greater extent custom non to load seu to make heavy also there  be another rule that the king may charge his people of this realm without  special assent of the Commons to a thing which may be of profit to the common  people but not to their charge as it be hold in the of Henry et  to cause to stand de Tallagio non  to go away no one Tallagium seu help per  our seu haeredes our men  to put down seu to lift up without will et assent  parliament et great Charta cap all trader nisi publice before to hold before  to be to have Salvum et ax  contraction  to go from de England et venire in  England et to delay et ire per England tam per earth how per water and  eniendum et to sell without omnibus malis Toluetis per antiquity et virtue  custom except in tempore war which Statutehathbeen confirm more than thirty  time by several act of parliament vide Le statute Edward Edward in tower  Edward cap Edward Edward cap c the effect of which be that every merchant of  this realm or other may free buy sell and pass the sea with all their  merchandise pay the custom of ancient time use queen marry put a imposition  upon clothes which the Elizabeth dyer be move and not resolve vide Henry dyer  fol Elizabeth great custom et little custom vide Henry and note there the say  of babington note the Elizabeth dyer there be ancient sive great custom at the  commonlaw sure for wool wool Fels and leather and this be equal to stranger as  well as denizen and in the time of Edward a merchant stranger grant over the  say custom S d which be call new seu little custom upon all which and diverse  record which we have see it appear to we that the king can at his pleasure put  any imposition upon any merchant to be import into this kingdom or export  unless it be for advancement of Trade and traffic which be the life of every  island pro good public as if in foreign part any imposition be put upon the  merchandise of our merchant non pro good public and for to make equality for  the purpose to advance Trade and traffic the king may put a imposition upon  their merchandise for this be not against any of the statute which be make for  advancement of merchandise or of the statute which be make for advancement of  merchant or of the statute of great Charta cap which be si in some way trader  de land contra our guerrina to come upon in land our men  in beginning war  attachientur c quo modus trader terrae our men  to draw violently who nunc  to come upon in land that contra our guerrina et si our men  sage are there  that sage are in land our men  for the end of all such restraint be salus  poplar tree and so in the case of currant which be now late adjudge in the  exchequer also in the case of customer smith which be adjudge in the exchequer  in the reign of queen Elizabeth both the imposition be impose upon the say  reason to make equality for this be the truth of both case sure the  advancement of Trade and traffic and for this cause such imposition be lawful  and it be clear resolve by we that such imposition so put can be demise or  grant to any subject for this that it be to augment and decrease or be quite  take away upon just occasion for advancement of merchant and this be one of  the reason in customer smith case that it can not be enused also it be assess  after the demise and although that the king may prohibit any person in some  case with some commodity to pass out of the realm yet this can be where the  end be private but where the end be public Viz to restrain the person for this  that how most number of things we et coronae our men  prejudicialia in  partibusexteris attendance to stretch out and to restrain any merchandise  either in time of dearth or in time of war for need be law time it appear unto  we also that at the commonlaw no custom be pay but only for wool wool fels and  leather which be call in great Charta virtue custom and all other be there  call mala tolneta which in the statute de Tallagio non  to go away be call  male and at the beginning of the reign of king it have for a long time be use  by authority and consent of parliament to grant to the king certain subsidy of  tonnage andPoundage for term of his life which begin in such from Henry in the  Henry c Edward c for the defence of the realm and maintenance of certain war  by act of parliament which prove that the king by his own power can impose it  but by consent of parliament but such subsidy of tonnage and poundage may be  grant by the king so long as he live for this that this be limit and give to  the king in certain but a imposition put for equality as have be say have not  any certain continuance but be to be augment diminish or take away for the  benefit of the commonwealth and for that cause it can be demise vide Henry  dyer mar d Elizabeth dyer p m d Elizabeth dyer Elizabeth dyer Edward cap ass  pl register c vide m change cap they be call custom et per noun arm they be  call custom vide Le statute Henry Title exchequer in rastall it appear that  there be ancient custom and those be for wool wool fels and leather vide Le  statute Edward cap that all charter and letter patent against free Trade and  traffic make or to be make be void vide fortescue in his comment of the law of  England cap fol nor law per see well per minister swine Tallagia  the troops in reserve or whoever it be other load to place upon Legeis n'est  or law the dawn move well novas condit without concession et assent all  royal power Himself in parliament his expresso c vide fol cap and note for the  benefit of the subject the king may make a imposition or toll within the realm  to repair high way bridge and to make wall for defence but then the sum impose  ought to be proportionable to the benefit and this appear the Henry so the  imposition for equality ought to be for the public good see the charter Edward  which be call Charta a merchant ex rot mercator a Edward n patent Edward n et  de sack wool half Marcus  lasta a plant mark c fine Edward n within et non in  back vide rot parliament a Edward no new enhancement of custom without common  consent and in Edward n against new custom and imposition and that merchant  may free pass c and in the parliament a Henry n among the new imposition grant  by Henry the five upon merchandise come to bordeaux and parliament Henry n the  duke of Somerset accuse for cause the king to grant unto sir pierce Bracy a  imposition of wine parliament r n against a patent make to the lieutenant of  the tower by colour of which he take custom of wine oyster and other victual  to be void Edward n ex rot parliament subsidy of wool grant for six year so as  during the same time no other aid or imposition be lie upon the Commons  parliament Edward n against new imposition upon staple commodity parliament  Edward n against alnage of worsted Edward n against all new imposition and  Edward n Edward n rot parliament against unreasonable imposition parliament  Richard n Richard n no inquisition or tax without consent of parliament note  Richard parliament at Glocestriam act subsidy only for defensive war not for  invasive r parliament accord Richard against benevolence vide Claus Edward n  bis