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Show ) 92 ATROCIOUS JUDGES. [A. D. lOOt l tl 1 c r errnlution of comn1ocl 1' t 1'e "::; l·nto and out of the r e·l m, le c u o • • . l . 1 . left to the kino- for the public good. "fbe unpo. Ilton W llC 1 lS · o , . . . . ts and not upon the dcimulant, 1or 18 properly upon cunan , :> • , , ~ u wn him no imposition hall be but by I arhame~t. (!) lhc l . rt Th~kmo· nlay rc- thing"' are currant~, a foreign commoc l Y· . a . strain the person of a subject in leaving or connng .Jnto the . l r1d a ~'ortioTi may imr1ose condition. on the lmporta- 1 ea m, a J • ' · d t1. 0n or exportatw. n of h1' , goods · To the kinO' is committe b the o·ovcrnnlent of the realm; and Bracton says, ' that for 1 · .. doi charcre of hi. . office God hath given hinl the power to 11::; o Tl crovern.' Thi · power is cloub1e- ordinary and ab olutc. le :rdinary i"' for the protlt of particular ·uhjccts -. tl.1~ dct~r- 1nination of civil ju. tice; that i nominated by ClYihan Jus privatwn, an<11t cannot be changed w·ithout Pnrlin.rnent. Tlte absolute power of the king is applic<.l for the general bcnc~t of the people; it is 1nost properly nan1c<.l po zt·c ;;, nne1 ~· t y··l ,n - eth with the time, acconling to the wisdom of the kmg, f~r the co1nmon good. If this imposition i. nw.ticr of stat<"), it 18 to be ruled by the rules of policy, and the king hath done well, instead of 'unduly, unjustly and contrary to the laws of England.' All comtnerce u.nd dealing with foreigner;:;, like war and peace and public treaties, arc regulated an<l cle-termincd l>y the ab olute power o f. the 1~ ·m g. 1J.\:,~; o 1• m Po rt'·: 1tion . b b 1 1 . ' j or exportat10n can e ut at t 1e ~ tn g s porL. . ThevJ ·' 1.n'l hi•s gates, which he may open or close when and on what conui~ tions he pleases. lie guards thetn with l>ul warks an<l furtresses, and he protects ships coming hit her ti·o1u pirates at sea; and iC hi' sul>jects are wronged by foreign prince. • he sees that they are riO'hted. Oucrht he not, then, hy tile cu.· 0 0 • ? ton1 he imposes, to enable himself to perform these duties· The impo t to the merchant i nothing, for those who wish for A. D. 1001. ] TIIO:\IA,' .FLE:\riXG. 93 Lis comn1uditi e ~ 1nu~t buy then1 "' ubjcct to the barge; and, in Ino"t ca es, it shall be pn.id by the foreign grower, and not by tl1e English consumer. A to the argument that the currants arc v£ctual, they are rn.thcr a delicacy, and arc no more nece~sary than wine, on which the king lay · what eu ·tom· ~eerneth him good. For the arnount of the in1po""ition it js not unreaRonabl ', seeing that it i only four time~ a ~ much a · it wa before. The wisdon1 and providence of the king 11111 t not Lc disputed by the ubjcet; by intendntcnt they c:annot L ' 'evercd from hi~ per ~on. Aud to argue a posse ad actwn, becau e by his power he n1ay do ill, ir:; no arcrnn1ent to Le u ·cd in this place. If it be objected that no reason is n:~ igned for the rise, I an.~ wer it is not rea ~onab le that the king :-;hould cxpres"" the cau ·e and con. iderati on of his ad ions; the. e are arcana Tegis, and it i ... for the benefit of every ubject that the king's trea ure should be increa .... ed." lie then at enormous length went over all tile authorities and acts of Parlian1cnt, contending that they all prove the 1u .n g' s power to lay what taxe" he pleaf'e on good: imported, and he concluded by giving jndgrnent for the crown. llistorians take no notice of thi. · decision, although it n1ight have influenced the de:tiuie~ of the country 1nnch n1ore than many of the battles and jegc with which they fill tit ir page ~. Ilad our foreign con11nerec then approached its present I11agnitude, Parliarnent would never 1nore have n1et in England, -duties on tea, sugar, timber, tobacco, and corn, imposed by royal proclamation, being sufftc ient to fill the exchequer, and the cxpcri1nent of hip mon )y would never have be n necessary. The chief baron n1ost certainly misquotes, 1nis· represent.' and mystifies excceuingly; but, however fallacious his reasoning, the juclgn1ent ought not to be passed over in |