IMPOSITIONS ON MERCHANDISES. 4-7 



to aid the subject ; no, it shall appear from time to 

 time, in cases of equal reach, where the king s acts 

 have been indeed against law, the course of law 

 hath run, and the judges have worthily done their 

 duty. 



As in the case of an imposition upon linen cloth 

 for the alnage ; overthrown by judgment. 



The case of a commission of arrest and commit 

 ting of subjects upon examination without convic 

 tion by jury, disallowed by the judges. 



A commission to determine the right of the exi- 

 genter s place, &quot; secundum sanam discretionem,&quot; dis 

 allowed by the judges. 



The case of the monopoly of cards overthrown 

 and condemned by judgment. 



I might make mention of the jurisdiction of some 

 courts of discretion, wherein the judges did not de 

 cline to give opinion. Therefore, had this been 

 against law, there would not have been &quot; altum si- 

 &quot; lentium&quot; in the king s courts. Of the contrary 

 judgments I will not yet speak ; thus much now, 

 that there is no judgment, no nor plea against it. 

 Though I said no more, it were enough, in my opi 

 nion, to induce you to a &quot; non liquet,&quot; to leave it a 

 doubt. 



The second consideration is, the force and conti 

 nuance of payments made by grants of merchants, 

 both strangers and English, without consent of par 

 liament. Herein I lay this ground, that such grants 

 considered in themselves are void in law : for mer 

 chants, either strangers or subjects, they are no body 

 corporate, but singular and dispersed persons ; they 



