IMPOSITIONS ON MERCHANDISES. 49 



sent of parliament ; nay, they dispute and say it 

 were hard that the merchants consent should be in 

 damage of the commons. What saith the king to 

 them ? doth he grant it or give way to it ? No ; but 

 replies upon them, and saith, It cannot be rightly 

 construed to be in prejudice of the cemmons, the 

 rather because provision was made, that the mer 

 chants should not work upon them, by colour of that 

 payment to increase their price ; in that there was a 

 price certain set upon the wools. And there was an 

 end of that matter : which plainly affirmeth the 

 force of the merchants grants. So then the force of 

 the grants of merchants both English and strangers 

 appeareth, and their grants being not corporate, are 

 but noun adjectives without the king s power to 

 impose. 



The third consideration is, of the first and most 

 ancient commencement of customs ; wherein I am 

 somewhat to seek ; for, as the poet saith, &quot; Ingre- 

 &quot; diturque solo, et caput inter nubila condit,&quot; the 

 beginning of it is obscure : but I rather conceive 

 that it is by common law than by grant in parlia 

 ment. For, first, Mr. Dyer s opinion was, that 

 the ancient custom for exportation was by the com 

 mon laws ; and goeth further, that that ancient cus 

 tom was the custom upon wools, woolfells, and lea 

 ther : he was deceived in the particular, and the 

 diligence of your search hath revealed it ; for that 

 custom upon these three merchandises grew by 

 grant of parliament 3 E. I. but the opinion in gene 

 ral was sound ; for there was a custom before that : 



VOL. VI. 



