50 ARGUMENT CONCERNING 



for the records themselves which speak of that cus 

 tom do term it a new custom, &quot; Alentour del novel 

 &quot; custome,&quot; As concerning the new custom granted, 

 etc. this is pregnant, there was yet a more ancient. 

 So for the strangers, the grant in 31 E. I. &quot; chart. 

 &quot; mercator.&quot; is, that the three pence granted by the 

 strangers should be &quot; ultra antiquas custumas,&quot; which 

 hath no affinity with that custom upon the three 

 species, but presupposeth more ancient customs in 

 general. Now if any man think that those more 

 ancient customs were likewise by act of parliament, 

 it is but a conjecture : it is never recited &quot; ultra 

 &quot; antiquas custumas prius concessas,&quot; and acts of 

 parliament were not much stirring before the great 

 charter, which was 9H. III. And therefore I con 

 ceive with Mr. Dyer, that whatsoever was the an 

 cient custom, was by the common law. And if by 

 the common law, then what other means can be ima 

 gined of the commencement of it but by the king s 

 imposing ? 



The fourth consideration is, of the manner that 

 was held in parliament in the abolishing of imposi 

 tions laid : wherein I will consider, first, the manner 

 of the petitions exhibited in parliament; and more 

 especially the nature of the king s answers. For the 

 petitions I note two things ; first, that to my remem 

 brance there was never any petition made for the 

 revoking of any imposition upon foreign merchants 

 only. It pleased the Decemviri in 5 E. II. to deface 

 &quot; chart, mercator.&quot; and so the imposition upon stran 

 gers, as against law : but the opinion of these refor- 



