An Information against Bates
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1611 |
| Date | 01 January 1611 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 267
IN THE EXCHEQUER
an information against batum. mich. 4- jao. in the An information was exhibited against Bates a merchant of the Levant, and it was recited, that the King by his letters patents under the great seal had commanded his treasurer, that he command the customers, and recievers, that they should ask and recieve of every merchant denizen, who brings within any port within his dominions, any currants five shillings a hundred, for impost above two shilling, arid six ponce, which was the poundage by the statute of every hundred, and it was alledged; that Bates had notice thereof, and that he had brought in currants into the port of London, and refused to pay the said 5s. in contempt of the King, whereunto Bates came, and said, that he is an English merchant, and an venturer and a denizen, and that he made a voyage to Venice, and there bought currants, and imported them into England, and he recited the statute of the first of King James, cap. i!,'!, which grants 2s. 6d. for poundage, and he said, that he had paid that, and therefore he had refused to pay the 5s. because it was imposed unjustly, and unduly against the lawes of the land, whereupon the Kings attorney demurred in law ; this matter had boon divers times argued at the bar, and at the bench, by Snig, and Savil, barons, and now by Clark and Flemming chief baron whose arguments I only heard, and Clark, who argued first thin day said, that this case being of so great consequence, great respect and consideration is to be had, and it seemeth to me strange, that any subjects would contend with the King, in this high point of prerogative; but such is the Kings grace, that he had shewed his intent to be, that this matter shall be disputed and adjudged by us according to the antient law and custome of the realm, and because that the judgement of this matter canuot be well directed by any learning delivered in our books of law, the best directions herein are presedents of antiquitie, and the course of this court, wherein all actions of this [23] nature are to be judged, and the acts of parliament recited in arguments of this case prove nothing to this purpose, the best case in law, is the case of Mine* in Mr. Plowdeu Com. where this ground is put, that the precedents of every court, ought to be a direction to that court, to judge of matters which are aptly determinable therein, aa in the Kings Bench for matters of the Crown, in the Common L'leas for matters of inheribuica and civil contracts, and in the Exchequer for matters of the Kings prerogative, his revenues, and government, and as it is not a kingdome without subjects and government, so he is not a King without revenues, for without them he cannot preserve his dominions in peace, he cannot maintain war, nor reward his servants, according to the state and honor of a King, and the revenue of the Crown is the very essential part of the Crown, and he who reudeth that from the King pulleth also his crown from his head, for it cannot be separated from the Crown, and such great -prerogatives of the Crown, (without which it cannot be) ought not to be disputed, and in these cases of prerogative the judgement shall not be, according to the rules of 268 AN INFORMATION AGAINST BATES LANE, 24. the common law, but according to the presidents of this court wherein these matters are disputable and determinable, as for example, an action of accompt lies not by the common law against him, who had the land of the accomptant by mean conveyance, but if one be an accomptant to the King, and had land in fee, and alien it unto A. who alien it unto 13. B. by reason of this land shall be charged with this accotnpt: in 14 E. :i a coroner was elected by the Kings writ as he ought to be, by the countie, and after he was amerced, and because he was not sufficient to answer the amercement the oountie was charged therewith, and that appears of record here, and in 30 E. o, Rot. 6, as appears also of record, in this court one William Porter was tnagister moneta;, and had received bullien of divers merchants, and coyned it in the Kings mint, and did not restore the coy tie to the merchants, but was insufficient, and the King paid the merchants, and inquired of the suerties for the coyne, and it was found that he had none, then it was inquired who recommended him unto the King, and it was found by whom he was recommended : and they who only recom mended him as friends were charged with the debt, and if one be outlawed in a personal action, and debt is due to him upon a contract, this shall be forfeited to the King, and this is ordinary by the presidents of this court, and yet this seems to bo contrary to law, and is against our books, and the Kings debtor shall have a quo minus against executors upon a simple contract, and therein he cannot release, nor be non-suited, and I put these cases to prove, that the presidents of this court ought to be pursued and observed, although they seem to cross the common law, and the books thereof : a case was here betwixt the King and Jourden. Jourden was receiver, and sold his office to one L). and he not being able to pay Jourden for his office at the day limited, it was agreed, that Jourden should come to the next receipt, and when I), received the Kings money, that Jourden should take it for his office, which was done accordingly, after I), was indebted to the King, and this matter appearing as above, &c., Jourden was charged with the money which he had received, and as Stamford in his first cap. of Prerogative saith, that the King is the most worthy part of a common-wealth so is he the preserver, nourisher, and defender of the people, and true it is, that the weal of the King is the publick weal of the people, and he for his pleasure may a forrcst the word of any subject, and he thereby shall be subject to the law of the forrest, and he may bike the provision of any man by his purveiour, for his own use but at reasanable prizes, and without abuse, the abuse of which officer hath been restrained by divers statutes, and the King may take wines for his provision, and also timber for his ships, castles, or houses in the wood of any man, and this is for publick benefit, and the King may allay, or inhannce coyne'at his pleasure, for the plentie of the King is the peoples peace, and these imposts are not only for the benefit of the people, and for the Kings profit, but are [24] also imposed many times for the increase of merchandise, and commerce, as the statute of Aulnageors, made in the '2 E. 3, cap. 14, which was made principally to make cloathes more vendible, and so corporations are granted by the King with immunities and priviledges, and to seclude other subjects from them, are well limited and good, for it is for the increase of the peoples wealth, and thereby the Kings revenue is increased, and sometimes there is contained in grants a prohibition to other subjects, that they usurp not upon the priviledges of such corporations upon a pain, as in the custome of forraign bought,^ and forraign sold in London, and York, and divers customes are permitted to such corporations, as in The. C/tum/ie/iain of London* c iw, Cook, 5, and the breach or violation of these customes is a decay of the corporations, and so an impair ing ofjthe revenues of the Crown, and therefore the King may make them, and also give tjhem privileges, and make inhibitions to others, not to usurp upon them: King Edward the Third in the sixteenth year of his raign proclaimed, that no man should sell wool-fels, or leather under such a price, so that these staple commodities might not be debased, and this at no place, but at Northampton and Anwick, and this proclamation was the cause wherefore the merchant in 43 Assise, JS, was punished for using the slight to abate the prices, and for presidents in this matter of impost, there are many of antiqiiitie, and first for wines in 1G K. I, the custome for a tun of wine Was 4s. and in '21 and 24 E. 3 it was increased to and 12, 13 & 14 of H. 8 it was increased to...
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