a information against bear mich James in the exchequer a information be  exhibit against Bates a merchant of the Levant and it be recite that the king  by his letter patent under the great seal have command his treasurer that he  command the customer and reliever that they shall ask and receive of every  merchant denizen who bring within any port within his dominion any currant  five shilling a hundred for impost above two shilling and six penny which be  the poundage by the statute of every hundred and it be allege that Bates have  notice thereof and that he have bring in currant into the port of London and  refuse to pay the say S in contempt of the king whereunto Bates come and say  that he be a English merchant and a venturer and a denizen and that he make a  voyage to Venice and there buy currant and import they into England and he  recite the statute of the first of king James cap which grant S d for poundage  and he say that he have pay that and therefore he have refuse to pay the S  because it be impose unjust and undue against the law of the land whereupon  the king attorney demurrer in law this matter have be diverse time argue at  the bar and at the bench by Snig and Savil baron and now by clark and Fleming  chief baron who argument I only hear and clark who argue first this day say  that this case be of so great consequence great respect and consideration be  to be have and it seem to I strange that any subject will contend with the  king in this high point of prerogative but such be the king grace that he have  show his intent to be that this matter shall be dispute and adjudge by we  accord to the ancient law and custom of the realm and because that the  judgement of this matter can be well direct by any learning deliver in our  book of law the best direction herein be precedent of antiquity and the course  of this court wherein all action of this lane nature be to be judge and the  act of parliament recite in argument of this case prove nothing to this  purpose the best case in law be the case of i in Mr Plowden Com where this  ground be put that the precedent of every court ought to be a direction to  that court to judge of matter which be apt determinable therein as in the king  bench for matter of the crown in the common plea for matter of inheritance and  civil contract and in the exchequer for matter of the king prerogative his  revenue and government and as it be not a kingdom without subject and  government so he be not a king without revenue for without they he can  preserve his dominion in peace he can maintain war nor reward his servant  accord to the state and honour of a king and the revenue of the crown be the  very essential part of the crown and he who rend that from the king pull also  his crown from his head for it can be separate from the crown and such great  prerogative of the crown with ut which it can be ought not to be dispute and  in these case of prerogative the judgement shall not be accord to the rule of  lane er p the commonlaw but accord to the precedent of this court wherein  these matter be disputable and determinable as for example a action of account  lie not by the commonlaw against he who have the land of the accountant by  mean conveyance but if one be a accountant to the king and have land in fee  and alien it unto a who alien it unto b b by reason of this land shall be  charge with this account in e a coroner be elect by the king writ as he ought  to be by the county and after he be amerce and because he be not sufficient to  answer the amercement the county be charge therewith and that appear of record  here and in e rot as appear also of record in this court one William porter be  magister money and have receive bullien of diverse merchant and coin it in the  king mint and do not restore the coin to the merchant but be insufficient and  the king pay the merchant and inquire of the surety for the coin and it be  find that he have none then it be inquire who recommend he unto the king and  it be find by who he be recommend and they who only recommend he as friend be  charge with the debt and if one be outlaw in a personal action and debt be due  to he upon a contract this shall be forfeit to the king and this be ordinary  by the precedent of this court and yet this seem to be contrary to law and be  against our book and the king debtor shall have a quo minus against executor  upon a simple contract and therein he can release nor be nonsuit and I put  these case to prove that the precedent of this court ought to be pursue and  observe although they seem to cross the commonlaw and the book thereof a case  be here betwixt the king and Jourden Jourden be receiver and sell his office  to one d and he not be able to pay Jourden for his office at the day limit it  be agree that Jourden shall come to the next receipt and when d receive the  king money that Jourden shall take it for his office which be do accord after  d be indebt to the king and this matter appear as above c Jourden be charge  with the money which he have receive and as Stamford in his first cap of  prerogative say that the king be the most worthy part of a commonwealth so be  he the preserver nourisher and defender of the people and true it be that the  weal of the king be the public weal of the people and he for his pleasure may  a forest the word of any subject and he thereby shall be subject to the law of  the forest and he may take the provision of any man by his purveiour for his  own use but at reasonable prize and without abuse the abuse of which officer  have be restrain by diverse statute and the king may take wine for his  provision and also timber for his ship castle or house in the wood of any man  and this be for public benefit and the king may allay or enhance coin at his  pleasure for the plenty of the king be the people peace and these impost be  not only for the benefit of the people and for the king profit but be lane  also impose many time for the increase of merchandise and commerce as the  statute of Aulnageors make in the e cap which be make principal to make  clothes more vendible and so corporation be grant by the king with immunity  and privilege and to seclude other subject from they be well limit and good  for it be for the increase of the people wealth and thereby the king revenue  be increase and sometime there be contain in grant a prohibition to other  subject that they usurp not upon the privilege of such corporation upon a pain  as in the custom of foreign buy and foreign sell in London and York and  diverse custom be permit to such corporation as in the chamberlain of London  case cook and the breach or violation of these custom be a decay of the  corporation and so a impair of the revenue of the crown and therefore the king  may make they and also give they privilege and make inhibition to other not to  usurp upon they king Edward the three in the sixteenth year of his reign  proclaim that no man shall sell woolfels or leather under such a price so that  these staple commodity may not be debase and this at no place but at  Northampton and Anwick and this proclamation be the cause wherefore the  merchant in assize be punish for use the slight to abate the prince and for  precedent in this matter of impost there be many of antiquity and first for  wine in e the custom for a tun of wine be S and in and e it be increase to and  of h it be increase to S the tun and after in the that of mary it be increase  to mark and as it appear by the record of this court it be answer upon account  for all this time accord to that rate and it be apparent that no act of  parliament give this to the king but that it be impose by his absolute power  lane er p and shall it now be doubt if it be lawful God defend prisage that  the king shall have one bogshead before the mast and another bogshead behind  be not give to the king by any statute but be only a impost by the king power  the impost upon clothes in e I be two shilling for a scarlet and d for other  clothes in grain and after in the that year of e it be raise again and in the  e a act be make for the length of clothes in the h it be raise again and in  the time of queen mary because that the make of so many clothes make the  impost of wool to be of so small value therefore the impost of every cloth be  raise by her to a noble and in the first of Elizabeth a impost be impose for  the overlength of clothes and it appear in e that the impost of one cloth be  for a strong S d and for a denizen S and all for clothes another impost be for  woolfels and leather the e it be for wool half a mark for a sack and after  that to S and in the time of e to S and after to S and after to and so of  woolfels and leather and as the benefit and price of commodity do rise so be  the impost raise and no act of parliament for the first impose and increase  thereof and so much for woolfels and leather now for alum upon every kintal of  alum be impose S d which be answer upon account and in the case of smith it be  not doubt if it shall be pay as here it be but if it be contain in smith  patent or not the imposition impose upon coal now the S increase be pay the  imposition upon tobacco be never doubt to be unjust as this be and so much for  precedent and now for statute the statute of great Charta cap which be object  that thereby all merchant may have sale c to buy and sell without all tolluets  but there be a save videlicet by the ancient and old custom the statute of  articuli super chart cap bath a save in the end of it that the king or his  Council do not intend thereby to increase the ancient prince due and accustom  so be all the other statute of purveyor the statute of the e cap which have be  so much urge that no new imposition shall be impose upon woolfels wool or  leather but only the custom and subsidy grant to the king this extend only to  the king lane himself and shall not bind his successor for it be a principal  part of the crown of England which the king can diminish and the same king of  his reign grant diverse exemption to certain person and because that it be in  derogation of his state imperial he himself recall and annul the same as to  that which be object that the defendant have pay poundage grant by the statute  of the first of the king that be nothing to this purpose for that be a subsidy  and not a customer for when any imposition be grant by parliament it be only a  subsidy and not a custom for the nature thereof be change and the impost of  wine be pay over and above the poundage and so shall it be here and whereas it  be object that if it be in the time of war it be sufferable but in peace not  this seem no reason for the king can be furnish to make defence in war if be  provide not ita peace and the provision be too late make when it ought to be  use and as to that which be say that the subject ought to have recompense and  valuable satisfaction it seem to I that be have for he have the king  protection within his port and his safe conduct upon the land and his defence  upon the sea and all the port of the realm belong to the king and in this  court there be a precedent where one in the time of queen Elizabeth claim to  have a port to himself as his own and it be adjudge that he can not for it  belong to the queen and it can not be sever and the king only shall have the  custom for land throughout all the land and in the of e there be a notable  precedent where he recite all the benefit which the subject have in his  foreign traffic by the king power and protection and therefore be impose a new  impost the writ of ne exeat kingdom comprehend a prohibition to he to who it  be direct that he shall not go beyond the sea and this may be direct at the  king pleasure to any man who be his subject and so consequent may he prohibit  all merchant and as he may prohibit the person so may he the good of any man  videlicet that he shall export or import at his pleasure and if the king may  general inhibit that such good shall not be import then by the same reason may  be prohibit they upon condition or sub modus videlicet that if they import  such good that then they shall pay c and if the general be lawful the  particular can be unjust and the word in the writ of ne exeat kingdom  videlicet et how most number of things we et coronae our men praejudicialia  ibidem attendance intend be not traversable by the subject but he ought  dutiful to obey his sovereign as to that which be say that this command to the  treasurer be not sufficient under the great seal that be otherwise lane er p  for before the statute of r for matter of custom no command be directer to the  treasurer but always the king signify his pleasure to his customer under his  privy seal and this give authority to they to collect custom and the same  authority be give now to the treasurer and derive from he to the customer as  to that which be say that the conclusion be evil because it be in contempt of  the king without doubt it be a contempt for the king may inhibit traffic into  any part of the world if he will or inflict a pain upon any who shall trade  into such place inhibit so may he do upon any commodity either inhibit it  general or upon a pain or impost and if a subject use the trade after such  inhibition or import his war and pay not the impost it be a contempt and the  king shall punish he for it at his pleasure and as to that which be say that  it be a burden to the merchant that be not so for the burden lie it only upon  the better part of the subject and if it be a burden it be no more then they  themselves impose which be in their hand by commission in the time of queen  Elizabeth and they have raise the prince to subject more then the value of the  impost and it be not to be intend that the king by any impost will prejudice  the cause of merchant for the trade in general be to he more beneficial then  any particular impost the case of the and h of Aulnageor be not to be compare  to this case for there the king have make a grant to a subject and it be also  of a thing which be grant before to a mayor and also of a commodity lane  within the land and not transport and for the case of darcy for the monopoly  of card it be not like for that be of a commodity within the land and betwixt  the patentee and the king and not between the king and the subject and as to  the exception take to the information that it be usual and noth not prescribe  this need not for it be a prerogative wherein lie no prescription for every  prerogative be as ancient as the crown and as to the conclusion of the  information it be object that it be not good for the informer ought to pray  the forfeiture but this belong to the court to judge of what shall be lose or  forfeit the offence be a contempt and therefore the conclusion good enough and  so for all these reason judgement shall be give for the king Fleming chief  baron touch the exception to the information they be of no force for the first  usual c it bath be well say that the king needs not prescribe in any  prerogative for it be as ancient as his crown be e and for the conclusion  videlicet that he in contempt c that deserve no other answer but that which  have be give before for it be enough without doubt warrant by infinite  precedent but for the bar it be a increase of the defendant contempt and no  sufficient matter to answer a indigested and confuse tale with a improper and  disobedient conclusion and there be in it many men non multum but the  conclusion be without precedent or example for be say that the imposition  which the king have lie be not owed injust et contra law England impose and  therefore he refuse c in the case of smith for alum the conclusion be moderate  and beseem a subject judgement if he shall have impost by his grant and in the  case of i the defendant be a great peer of the realm conclude upon his grant  and interest in the soil and that he take the metal as it be lawful for he and  do not confront his sovereign with term of injust not owed and the like and  the king as it be common say in our book can do wrong and if the king seize my  land without cause I ought to sue to he in humble manner abjectly supplicavit  c and not with such term of opposition in the information and all his matter  have be save to he then as well as now or be may have plead his matter and say  wherefore he refuse as it be lawful for he but for the matter it be of great  consequence and bath two powerful object which it principal respect the one be  the king his power and prerogative his treasure and the revenue of his crown  and to impair and derogate from any of these be a part most undutiful in any  subject the other be the trade and traffic of merchandise transportation in  and out of the land of commodity which further public benefit ought much to be  respect and nourish as much as may be the state of the question be touch a new  customer imposition or custom be duty or sum of money new impose by the king  without parliament upon merchandise for the augmentation of his revenue all  the question arise in the case be or de mask de rebus well de act videlicet  form and proceed the person be first the king his power and authority second  not Bates the defendant nor the venetians but all man who import currant the  imposition be proper upon currant and for they and be not upon the defendant  nor his good who be a merchant for upon he no imposition shall be but by  parliament lane er p mean the thing be currant a foreign commodity and a  victual the S for impost which be say to be great the action form or process  be the command by the great seal and the word therein be to strive for et To  take back if they be sufficient and if good without proclamation or other  notice and how notice shall be give and if it be good without a ad quod damnum  and the case of i in Plowden which be the sole case in the print book of law  to this purpose have in it four reason of the judgement first the excellency  of the king or his person second the necessity of coin for his state three the  utility of coin for commerce fourthly the inconvenience if the subject shall  have such royal possession and these reason be not extract out of the book of  law but be only reason of policy lane for ewx be of et politicos and reason  politic be sufficient to guide judge in their argument and such case and  precedent be good direction in case of judgement for they be demonstration of  the course of antiquity whereupon my judgement shall consist upon reason  politic and precedent the case in dyer Elizabeth foe be not like to the case  in question but only a consequence and the case there be for a impost upon  cloth a domestic commodity in this case be recite their grievance but it be  pay and it be deny here but there be no resolution thereof at the same time be  the impost of wine increase and pay and no petition or complaint thereof and  the custom of England commodity be at the first impose by the king will for no  statute give they videlicet for wool woolfels and leather and it be call the  great customer and that it be pay it will not be deny and yet now it be doubt  if the king can impose it upon foreign commodity the king may restrain the  person as it be in Fitzherbert nat Br a strong he may restrain the good there  be no custom for home commodity but the great custom aforesaid which be after  increase by parliament which be call the petit custom it be a great grace in  the king to the merchant that he will command and permit this matter to be  dispute between he and his subject and the most fit place be in this court and  the best rule herein be the precedent thereof and politic reason which I shall  give and apply they to the particular before recite and first for the person  of the king all men potestas a a god et non be potestas nisi pro good to the  king be commit the government of the realm and his people and Bracton say that  for his discharge of his office God have give to he power the act of  government and the power to govern the king power be double ordinary and  absolute and they be several law and end that of the ordinary be for the  profit of particular subject for the execution of civil justice the determine  of meum and this exercise by equity and justice in ordinary court and by the  civilian be nominate law private citizen and with we commonlaw and these law  can be change without parliament and although that their form and course may  be change and interrupt yet they can never be change in substance the absolute  power of the king be not that which be convert or execute to private use to  the benefit of any particular person but be only that which be apply to the  general benefit of the people and be salus poplar tree as the people be the  body and the king the head and this power be guide by the rule which direct  only at the commonlaw and be most proper name policy and government and as the  constitution of this body vary with the time so vary this absolute law accord  to the wisdom of the king for the common good and these be general rule and  true as they be all thing do within these rule be lawful the matter in  question be material matter of state and ought to be rule by the rule of  policy and if it be so the king have do well to execute his extraordinary  power all custom be they old or new be no other but the effect and issue of  trade and commerce with foreign nation but all commerce and affair with  foreigner all war and peace all acceptance and admit for currant foreign coin  all party and treaty whatsoever be make by the absolute power of the king and  he who have power of cause bath power also of effect no exportation or  importation can be but at the king port they be the gate of the king and be  have absolute power by they to include or exclude who he shall please and port  to merchant be their harbour and repose and for their better security he be  compel to provide bulwark and fortress and to maintain for the collection of  his custom and duty collector and customer and for that charge it be reason  that he shall have this benefit he be also to defend the merchant from pirate  at sea in their passage also by the power of the king they be to be relieve if  they be oppress by foreign prince and his treaty and embassage and he be not  remedy thereby then law retaliation shall be execute good for lane good lane  er p and tax for tax and if this will not redress the matter then war be to be  attempt for the cause of merchant in all the king court and of other prince  the judge in they be pay by the king and maintain by he to do justice to the  subject and therefore be have the profit of the say court it be reasonable  that the king shall have as power over foreigner and their good as upon his  own subject and if the king can impose upon foreign commodity a custom aswell  as foreigner may upon their own commodity and upon the commodity of this land  when they come to they then foreign state shall be enrich and the king  impoverish and he shall not have equal profit with they and yet it will not be  deny but his power herein be equal with other state and so much for the person  of Bates the subject it be say that a imposition may not be upon a subject  without parliament that the king may impose upon a subject I omit for it be  not here the question if the king may impose upon the subject or his good but  the impost here be not upon a subject but here it be upon Bates as upon a  merchant who import good within this land charge before by the king and at the  time when the impost be impose upon they they be the good of the venetians and  not the good of a subject nor within the land but only upon those which shall  be after import and so all the argument which be make for the subject fail and  where it be say that he be a merchant and that he ought to have the sea open  and free for he and that trade of merchant and merchandise be necessary to  export before the surplus of our commodity and then to import other necessary  and so be favourable to be respect as to that it be well know that the end of  every private merchant be not the common good but his particular profit which  be only the mean which induce he to trade and traffic and the impost to he be  nothing for he rat his merchandise accord to that the impost be impose upon  currant and be who will buy they shall have they subject to that charge and it  be a great contempt to deny the payment and so much for the person I will give  a brief answer to all the statute allege on the contrary part with this  exposition that the subject and merchant be to be free of maletolt and this be  toll unjust exact by London Southampton and other port within this realm but  they be with this save that they pay the duty and custom due or which  hereafter shall be due to the king which be a full answer to all the statute  the commodity of currant be no commodity of this land but foreign and whereas  it be say that it be victual and necessary food it be no more necessary then  wine and impost for that have be always pay without contradiction and without  doubt there be many drinker of wine who be also eater of currant that which  shall be say victual for the commonwealth be that which arise from agriculture  and of the earth within this land and not nice and delicate thing import by  merchant such as these currant be and be rather delicacy or medicine then a  victual and it be no reason that so many of our good and staple commodity  shall be export to Venice for such a slight delicacy and that all the impost  shall be pay to the venetians for they and the king shall have none for their  commodity and although that the price be thereby raise this hurt not the  merchant nor no other but only a small number of delicate person and those  also who be of most able and best estate for their pleasure but when the king  be in want he be to be relieve by a general imposition or subsidy upon all the  subject the imposition which be here say to be so great and intolerable be a  evil precedent for if he may do so much he may do it infinitum and upon all  other merchandise for the imposition I say that it be reasonable for it be no  more then four time so much then be before and that there have be as do in  ancient time in other impost as in that of wool which be at first but a noble  a sack and be now at S the impost of wine be in ancient time S d a tun and now  be four mark the lessen of custom and impost be much to be guide by  intelligence lane from foreign nation for the usage and behaviour of a foreign  prince may impose a necessity of raise custom of these commodity and so it be  in the particular of currant the duke of Venice impose upon they a bucket by  the hundred which by the wisdom of the state be foresee to be a mean that in  time will waste and consume the treasure of the land whereupon the queen writ  to the duke that he will abate his customer which he refuse wherefore to  prevent that so great a quantity of this commodity shall not be import into  the land the queen grant to the company of merchant of the Levant that none  shall bring in currant but by their licence and those merchant impose upon  they who do import which be not of their lane er p company if he be denizen S  if he be a stranger S and this be pay by the merchant without contradiction  but there be a clause in the patent that when the duke of Venice abate his  impost that the patent shall be void and after the duke be solicit again that  he will abate the impost but he refuse and the first commission be recall and  after a new grant be make which be execute all the queen life time which be as  aforesaid and whereas it be say that if the king may impose be may impose any  quantity what be please true it be that this be to be refer to the wisdom of  the king who guide all under God by his wisdom and this be not to be dispute  by a subject and many thing be leave to his wisdom for the order of his power  rather then his power shall be restrain the king may pardon any felon but it  may be object that if he pardon one felon he may pardon all to the damage of  the commonwealth and yet none will doubt but that be leave to his wisdom and  as the king may grant a protection for one year so it may be say that he may  grant it for many year which be mischief and so ought to grant none which will  not be deny but that he may so it may be say that the queen may grant a safe  conduct to a stranger for if she may do that then she may grant to all which  will be burdensome to the inhabitant and yet it will not be deny but that she  may grant to any or all as in her wisdom shall seem convenient and the wisdom  and providence of the king be not to be dispute by the subject for by  intendment they can be sever from her person and to argue a posse ad sharply  to restrain the king and his power because that by his power he may do ill be  no argument for a subject to prove the power of the king by precedent of  antiquity in a case of this nature may easy be do and if it be lawful in  ancient time it be lawful now for the authority of the king be not diminish  and the crown have the same attribute that then it have and in ancient time  such impost be never deny and that which be give by parliament be not a impost  but a subsidy in ancient time small traffic or intercourse be betwixt the  inhabitant of this land and foreign nation so that the principal custom be of  the commodity of this land which be wolfels and leather and that the custom  for wool be a noble for a sack be a imposition as it appear by the statute of  the of Edward cap it be object that merchant can be restrain but only person  suspect as the writ of ne exeat kingdom be but as it be say in dyer before  cite it be without doubt that the cause be not traversable and that the king  may inhibit any man for if it be not traversable it be not material and the  reason wherefore any man may be restrain be for defence of the realm and it  may be do by privy seal privy signet great seal or proclamation and that  appear by the writ of freedom transportand in the register which contain  licence for one to travail and limit he to what place be shall go and when he  shall return and with what good that the king may prohibit body and good and  when a man be beyond the sea the king may command he to return and if he noth  not obey such command he shall forfeit his good now for restraint of commodity  many precedent be to prove it in the time of h and e it be forbid that no wool  shall be transport into Flanders and in e I a commission be award to inquire  who have do against lane this ordinance and the good of one freeston be seize  therefore a attachment award against the ship of hull for transport contrary  to the ordinance in the e there it be forbid that no merchant shall trade with  France for trade with foreigner be a foreign thing which be only refer to the  king in the h all merchant be forbid to import ware from Flanders into this  land and the citizen of London complain of certain merchant which have do  contrary to this ordinance to the lord of the privycouncil which I have here  ready for the record mention it and the king attorney be command to exhibit a  information against the merchant which he do and they plead that the  proclamation be make here upon easter eve and that they be then at Bruges and  upon the Wednesday after Bruges market they buy the ware before notice of the  proclamation and before it be possible that they can have notice of it and  pray judgement c and so much for restraint of the person and good by the  statute of e cap time be appoint in which wool shall be transport and also cap  authority be give to the chancellor and treasurer to defer the passage at  their pleasure but that this be the commonlaw and that the king by his supreme  authority may do it it seem to I it be apparent by the statute of the h cap  which give power to the king by his letter patent to limit the time for import  of wine against the statute of h cap which be no more but a lane er p restore  of his power abridge before and so be the statute of e for otherwise the  parliament will never have give he authority to contradict a act of parliament  by his letter patent or to revive these act imposition be mere a new customer  and so be they style in the margin of the roll of the e in this court where it  be record that the king have assign merchant to receive use the same word  which be use here half a mark for every sack of wool and a mark of every last  of leather and that if the merchant who be so appoint transport any after that  it shall be forfeit and out of this record I observe that three hundred pelt  make a sack of wool from the Edward I unto the e the custom for wool be S a  sack and in e I the imposition of maletolt be repeal by act of parliament  which maletolt be a increase of impost upon staple commodity and therefore be  give to the king a great subsidy with this cause that it shall never be draw  into precedent which show that this maletolt be right impose otherwise the  parliament will never have give he so great a recompense for the abrogation of  it but after in the of e because it be a thing of so great consequence to the  crown it be revive and make S for wool and woolfels and for leather for  denizen and double for stranger in the Edward a petition in parliament to  abate it and for a great subsidy it be release and in the of Edward it be  again revive and a new petition be make in parliament and this petition be  continue until the of Edward and then it be abate and also by the e it be  again abate so that it seem that between these time it be revive but after it  do not continue long for in e it be again revive and for wool the impost be S  et such de one and in I r after it be answer to the king as it appear in the  account here and in r it be again suppress by parliament for a subsidy grant  to the king with a save of ancient right all these statute prove express that  the king have power to increase the impost and that upon commodity of the land  and that he continual use this power notwithstanding all act of parliament  against it and so much for commodity of this land but for foreign commodity it  appear by no act of parliament or other precedent that never any petition or  suit be make to abate the impost of foreign commodity but of they the impost  be pay without denial as for example for wine in the Edward as appear in this  court upon record it be command to the bailiff of Dover to levy and collect of  every tun of wine of a stranger S and lane in the e S thereof be release at  the suit of the French ambassador in the of e the king grant privilege to  merchant stranger but there be give for it a increase of customer and this be  answer as it appear upon account in the time of e and e the case of alum be as  it bath be recite by my brother clark it be object that the merchant ought to  have free passage upon the sea but that noth not conclude the king but that he  shall have his impost if he come into his port and here the question be for  merchandise after that they be bring into the port but it be say that they can  come into the port but by the sea that be true but if this reason shall hold  then the king can not grant murage pontage and the like because the common  channel to they be free and average be for security aswell as port another  objection that the defendant here be not restrain but that be answer for if a  pain be inflict upon they who import this be a inhibition upon a pain to all  another objection be that there be no consideration of the imposition and if  it be demand what difference between the case I answer as much as be between  the king and a subject and it be not reasonable that the king shall express  the cause and consideration of his action for they be arcanum king and no  satisfaction need for if the profit to the merchant fail he will not trade and  it be for the benefit of every subject that the king treasure shall be  increase a objection be make against the form of proceed because it be by the  great seal to the treasurer and that he by the customer to strive for et To  take back and this can not be better as it be answer before it be object that  it shall be by proclamation and that needs not for it touch not all the  subject but only those who be trader in merchandising the best and apt mean to  give they notice by the customer and it be allege by the information express  that he have notice it be last object that there ought to be a quod damnum in  the case before the grant that be not so for that shall be only when the king  grant any thing which appertain to his prerogative and not when be make  charter to his servant to levy his duty due to his crown wherefore I think  that the king ought to have judgement which be after give accord lane er p