THE other antient levies were in the nature of a modern land tax; for

we may trace up the original of that charge as high as to the

introduction of our military tenures[d]; when every tenant of a

knight's fee was bound, if called upon, to attend the king in his army

for forty days in every year. But this personal attendance growing

troublesome in many respects, the tenants found means of compounding

for it, by first sending others in their stead, and in process of time

by making a pecuniary satisfaction to the crown in lieu of it. This

pecuniary satisfaction at last came to be levied by assessments, at so

much for every knight's fee, under the name of scutages; which appear

to have been levied for the first time in the fifth year of Henry the

second, on account of his expedition to Toulouse, and were then (I

apprehend) mere arbitrary compositions, as the king and the subject

could agree. But this precedent being afterwards abused into a means

of oppression, (by levying scutages on the landholders by the royal

authority only, whenever our kings went to war, in order to hire

mercenary troops and pay their contingent expences) it became

thereupon a matter of national complaint; and king John was obliged to

promise in his _magna carta_[e], that no scutage should be imposed

without the consent of the common council of the realm. This clause

was indeed omitted in the charters of Henry III, where[f] we only find

it stipulated, that scutages should be taken as they were used to be

in the time of king Henry the second. Yet afterwards, by a variety of

statutes under Edward I and his grandson[g], it was provided, that

the king shall not take any aids or tasks, any talliage or tax, but by

the common assent of the great men and commons in parliament.

[Footnote d: See the second book of these commentaries.]

[Footnote e: _cap._ 14.]

[Footnote f: 9 Hen. III. c. 37.]

[Footnote g: 25 Edw. I. c. 5 & 6. 34 Edw. I. st. 4. c. 1. 14 Edw. III.

st. 2. c. 1.]

OF the same nature with scutages upon knights-fees were the

assessments of hydage upon all other lands, and of talliage upon

cities and burghs[h]. But they all gradually fell into disuse, upon

the introduction of subsidies, about the time of king Richard II and

king Henry IV. These were a tax, not immediately imposed upon

property, but upon persons in respect of their reputed estates, after

the nominal rate of 4_s._ in the pound for lands, and 2_s._ 6_d._ for

goods; and for those of aliens in a double proportion. But this

assessment was also made according to an antient valuation; wherein

the computation was so very moderate, and the rental of the kingdom

was supposed to be so exceeding low, that one subsidy of this sort did

not, according to sir Edward Coke[i], amount to more than 70000_l._

whereas a modern land tax at the same rate produces two millions. It

was antiently the rule never to grant more than one subsidy, and two

fifteenths at a time; but this rule was broke through for the first

time on a very pressing occasion, the Spanish invasion in 1588; when

the parliament gave queen Elizabeth two subsidies and four fifteenths.

Afterwards, as money sunk in value, more subsidies were given; and we

have an instance in the first parliament of 1640, of the king's

desiring twelve subsidies of the commons, to be levied in three years;

which was looked upon as a startling proposal: though lord Clarendon

tells us[k], that the speaker, serjeant Glanvile, made it manifest to

the house, how very inconsiderable a sum twelve subsidies amounted to,

by telling them he had computed what he was to pay for them; and, when

he named the sum, he being known to be possessed of a great estate, it

seemed not worth any farther deliberation. And indeed, upon

calculation, we shall find, that the total amount of these twelve

subsidies, to be raised in three years, is less than what is now

raised in one year, by a land tax of two shillings in the pound.

[Footnote h: Madox. hist. exch. 480.]

[Footnote i: 4 Inst. 33.]

[Footnote k: Hist. b. 2.]

THE grant of scutages, talliages, or subsidies by the commons did not

extend to spiritual preferments; those being usually taxed at the same

time by the clergy themselves in convocation; which grants of the

clergy were confirmed in parliament, otherwise they were illegal, and

not binding; as the same noble writer observes of the subsidies

granted by the convocation, who continued sitting after the

dissolution of the first parliament in 1640. A subsidy granted by the

clergy was after the rate of 4_s._ in the pound according to the

valuation of their livings in the king's books; and amounted, sir

Edward Coke tells us[l], to about 20000_l._ While this custom

continued, convocations were wont to sit as frequently as parliaments:

but the last subsidies, thus given by the clergy, were those confirmed

by statute 15 Car. II. cap. 10. since which another method of taxation

has generally prevailed, which takes in the clergy as well as the

laity; in recompense for which the beneficed clergy have from that

period been allowed to vote at the elections of knights of the

shire[m]; and thenceforward also the practice of giving ecclesiastical

subsidies hath fallen into total disuse.

[Footnote l: 4 Inst 33.]

[Footnote m: Dalt. of sheriffs, 418. Gilb. hist. of exch. c. 4.]

THE lay subsidy was usually raised by commissioners appointed by the

crown, or the great officers of state: and therefore in the beginning

of the civil wars between Charles I and his parliament, the latter,

having no other sufficient revenue to support themselves and their

measures, introduced the practice of laying weekly and monthly

assessments[n] of a specific sum upon the several counties of the

kingdom; to be levied by a pound rate on lands and personal estates:

which were occasionally continued during the whole usurpation,

sometimes at the rate of 120000_l._ a month; sometimes at inferior

rates[o]. After the restoration the antient method of granting

subsidies, instead of such monthly assessments, was twice, and twice

only, renewed; viz. in 1663, when four subsidies were granted by the

temporalty, and four by the clergy; and in 1670, when 800000_l._ was

raised by way of subsidy, which was the last time of raising supplies

in that manner. For, the monthly assessments being now established by

custom, being raised by commissioners named by parliament, and

producing a more certain revenue; from that time forwards we hear no

more of subsidies; but occasional assessments were granted as the

national emergencies required. These periodical assessments, the

subsidies which preceded them, and the more antient scutage, hydage,

and talliage, were to all intents and purposes a land tax; and the

assessments were sometimes expressly called so[p]. Yet a popular

opinion has prevailed, that the land tax was first introduced in the

reign of king William III; because in the year 1692 a new assessment

or valuation of estates was made throughout the kingdom; which, though

by no means a perfect one, had this effect, that a supply of

500000_l._ was equal to 1_s._ in the pound of the value of the estates

given in. And, according to this enhanced valuation, from the year

1693 to the present, a period of above seventy years, the land tax has

continued an annual charge upon the subject; above half the time at

4_s._ in the pound, sometimes at 3_s_, sometimes at 2_s_, twice[q] at

1_s_, but without any total intermission. The medium has been 3_s._

3_d._ in the pound, being equivalent to twenty three antient

subsidies, and amounting annually to more than a million and an half

of money. The method of raising it is by charging a particular sum

upon each county, according to the valuation given in, _A.D._ 1692:

and this sum is assessed and raised upon individuals (their personal

estates, as well as real, being liable thereto) by commissioners

appointed in the act, being the principal landholders of the county,

and their officers.

[Footnote n: 29 Nov. 4 Mar. 1642.]

[Footnote o: One of these bills of assessment, in 1656, is preserved

in Scobell's collection, 400.]

[Footnote p: Com. Journ. 26 Jun. 9 Dec. 1678.]

[Footnote q: in the years 1732 and 1733.]

II. THE other annual tax is the malt tax; which is a sum of 750000_l_,

raised every year by parliament, ever since 1697, by a duty of 6_d._

in the bushel on malt, and a proportionable sum on certain liquors,

such as cyder and perry, which might otherwise prevent the consumption

of malt. This is under the management of the commissioners of the

excise; and is indeed itself no other than an annual excise, the

nature of which species of taxation I shall presently explain: only

premising at present, that in the year 1760 an additional perpetual

excise of 3_d._ _per_ bushel was laid upon malt; and in 1763 a

proportionable excise was laid upon cyder and perry.

THE perpetual taxes are,

I. THE customs; or the duties, toll, tribute, or tariff, payable upon

merchandize exported and imported. The considerations upon which this

revenue (or the more antient part of it, which arose only from

exports) was invested in the king, were said to be two[r]; 1. Because

he gave the subject leave to depart the kingdom, and to carry his

goods along with him. 2. Because the king was bound of common right to

maintain and keep up the ports and havens, and to protect the merchant

from pirates. Some have imagined they are called with us customs,

because they were the inheritance of the king by immemorial usage and

the common law, and not granted him by any statute[s]: but sir Edward

Coke hath clearly shewn[t], that the king's first claim to them was by

grant of parliament 3 Edw. I. though the record thereof is not now

extant. And indeed this is in express words confessed by statute 25

Edw. I. c. 7. wherein the king promises to take no customs from

merchants, without the common assent of the realm, "saving to us and

our heirs, the customs on wools, skins, and leather, formerly granted

to us by the commonalty aforesaid." These were formerly called the

hereditary customs of the crown; and were due on the exportation only

of the said three commodities, and of none other: which were stiled

the _staple_ commodities of the kingdom, because they were obliged to

be brought to those ports where the king's staple was established, in

order to be there first rated, and then exported[u]. They were

denominated in the barbarous Latin of our antient records,

_custuma_[w]; not _consuetudines_, which is the language of our law

whenever it means merely usages. The duties on wool, sheep-skins, or

woolfells, and leather, exported, were called _custuma antiqua sive

magna_; and were payable by every merchant, as well native as

stranger; with this difference, that merchant-strangers paid an

additional toll, _viz._ half as much again as was paid by natives. The

_custuma parva et nova_ were an impost of 3_d._ in the pound, due from

merchant-strangers only, for all commodities as well imported as

exported; which was usually called the alien's duty, and was first

granted in 31 Edw. I[x]. But these antient hereditary customs,

especially those on wool and woolfells, came to be of little account

when the nation became sensible of the advantages of a home

manufacture, and prohibited the exportation of wool by statute 11 Edw.

III. c. 1.

[Footnote r: Dyer. 165.]

[Footnote s: Dyer. 43. _pl._ 24.]

[Footnote t: 2 Inst. 58, 59.]

[Footnote u: Dav. 9.]

[Footnote w: This appellation seems to be derived from the French word

_coustum_, or _coutum_, which signifies toll or tribute, and owes it's

own etymology to the word _coust_, which signifies price, charge, or,

as we have adopted it in English, _cost_.]

[Footnote x: 4 Inst. 29.]

THERE is also another antient hereditary duty belonging to the crown,

called the _prisage_ or _butlerage_ of wines. Prisage was a right of

_taking_ two tons of wine from every ship importing into England

twenty tons or more; which by Edward I was exchanged into a duty of

2_s._ for every ton imported by merchant-strangers; which is called

butlerage, because paid to the king's butler[y].

[Footnote y: Dav. 8. _b._ 2 Bulstr. 254.]

OTHER customs payable upon exports and imports are distinguished into

subsidies, tonnage, poundage, and other imposts. Subsidies are such as

were imposed by parliament upon any of the staple commodities before

mentioned, over and above the _custuma antiqua et magna_: tonnage was

a duty upon all wines imported, over and above the prisage and

butlerage aforesaid: poundage was a duty imposed _ad valorem_, at the

rate of 12_d._ in the pound, on all other merchandize whatsoever: and

the other imports were such as were occasionally laid on by

parliament, as circumstances and times required[z]. These distinctions

are now in a manner forgotten, except by the officers immediately

concerned in this department; their produce being in effect all

blended together, under the one denomination of the customs.

[Footnote z: Dav. 11, 12.]

BY these we understand, at present, a duty or subsidy paid by the

merchant, at the quay, upon all imported as well as exported

commodities, by authority of parliament; unless where, for particular

national reasons, certain rewards, bounties, or drawbacks, are allowed

for particular exports or imports. Those of tonnage and poundage, in

particular, were at first granted, as the old statutes, and

particularly 1 Eliz. c. 19. express it, for the defence of the realm,

and the keeping and safeguard of the seas, and for the intercourse of

merchandize safely to come into and pass out of the same. They were at

first usually granted only for a stated term of years, as, for two

years in 5 Ric. II[a]; but in Henry the fifth's time, they were

granted him for life by a statute in the third year of his reign; and

again to Edward IV for the term of his life also: since which time

they were regularly granted to all his successors, for life, sometimes

at their first, sometimes at other subsequent parliaments, till the

reign of Charles the first; when, as had before happened in the reign

of Henry VIII[b] and other princes, they were neglected to be asked.

And yet they were imprudently and unconstitutionally levied and taken

without consent of parliament, (though more than one had been

assembled) for fifteen years together; which was one of the causes of

those unhappy discontents, justifiable at first in too many instances,

but which degenerated at last into causeless rebellion and murder.

For, as in every other, so in this particular case, the king (previous

to the commencement of hostilities) gave the nation ample satisfaction

for the errors of his former conduct, by passing an act[c], whereby he

renounced all power in the crown of levying the duty of tonnage and

poundage, without the express consent of parliament; and also all

power of imposition upon any merchandizes whatever. Upon the

restoration this duty was granted to king Charles the second for life,

and so it was to his two immediate successors; but now by three

several statutes, 9 Ann. c. 6. 1 Geo. I. c. 12. and 3 Geo. I. c. 7. it

is made perpetual and mortgaged for the debt of the publick. The

customs, thus imposed by parliament, are chiefly contained in two

books of rates, set forth by parliamentary authority[d]; one signed by

sir Harbottle Grimston, speaker of the house of commons in Charles the

second's time; and the other an additional one signed by sir Spenser

Compton, speaker in the reign of George the first; to which also

subsequent additions have been made. Aliens pay a larger proportion

than natural subjects, which is what is now generally understood by

the aliens' duty; to be exempted from which is one principal cause of

the frequent applications to parliament for acts of naturalization.

[Footnote a: Dav. 12.]

[Footnote b: Stat. 6 Hen. VIII. c. 14.]

[Footnote c: 16 Car. I. c. 8.]

[Footnote d: Stat. 12 Car. II. c. 4. 11 Geo. I. c. 7.]

THESE customs are then, we see, a tax immediately paid by the

merchant, although ultimately by the consumer. And yet these are the

duties felt least by the people; and, if prudently managed, the people

hardly consider that they pay them at all. For the merchant is easy,

being sensible he does not pay them for himself; and the consumer, who

really pays them, confounds them with the price of the commodity: in

the same manner as Tacitus observes, that the emperor Nero gained the

reputation of abolishing the tax on the sale of slaves, though he only

transferred it from the buyer to the seller; so that it was, as he

expresses it, "_remissum magis specie, quam vi: quia cum venditor

pendere juberetur, in partem pretii emptoribus accrescebat_[e]." But

this inconvenience attends it on the other hand, that these imposts,

if too heavy, are a check and cramp upon trade; and especially when

the value of the commodity bears little or no proportion to the

quantity of the duty imposed. This in consequence gives rise also to

smuggling, which then becomes a very lucrative employment: and it's

natural and most reasonable punishment, _viz._ confiscation of the

commodity, is in such cases quite ineffectual; the intrinsic value of

the goods, which is all that the smuggler has paid, and therefore all

that he can lose, being very inconsiderable when compared with his

prospect of advantage in evading the duty. Recourse must therefore be

had to extraordinary punishments to prevent it; perhaps even to

capital ones: which destroys all proportion of punishment[f], and puts

murderers upon an equal footing with such as are really guilty of no

natural, but merely a positive offence.

[Footnote e: Hist. l. 13.]

[Footnote f: Montesqu. Sp. L. b. 13. c. 8.]

THERE is also another ill consequence attending high imports on

merchandize, not frequently considered, but indisputably certain; that

the earlier any tax is laid on a commodity, the heavier it falls upon

the consumer in the end: for every trader, through whose hands it

passes, must have a profit, not only upon the raw material and his own

labour and time in preparing it, but also upon the very tax itself,

which he advances to the government; otherwise he loses the use and

interest of the money which he so advances. To instance in the article

of foreign paper. The merchant pays a duty upon importation, which he

does not receive again till he sells the commodity, perhaps at the end

of three months. He is therefore equally entitled to a profit upon

that duty which he pays at the customhouse, as to a profit upon the

original price which he pays to the manufacturer abroad; and considers

it accordingly in the price he demands of the stationer. When the

stationer sells it again, he requires a profit of the printer or

bookseller upon the whole sum advanced by him to the merchant: and the

bookseller does not forget to charge the full proportion to the

student or ultimate consumer; who therefore does not only pay the

original duty, but the profits of these three intermediate traders,

who have successively advanced it for him. This might be carried much

farther in any mechanical, or more complicated, branch of trade.

II. DIRECTLY opposite in it's nature to this is the excise duty; which

is an inland imposition, paid sometimes upon the consumption of the

commodity, or frequently upon the retail sale, which is the last stage

before the consumption. This is doubtless, impartially speaking, the

most oeconomical way of taxing the subject: the charges of levying,

collecting, and managing the excise duties being considerably less in

proportion, than in any other branch of the revenue. It also renders

the commodity cheaper to the consumer, than charging it with customs

to the same amount would do; for the reason just now given, because

generally paid in a much later stage of it. But, at the same time, the

rigour and arbitrary proceedings of excise-laws seem hardly compatible

with the temper of a free nation. For the frauds that might be

committed in this branch of the revenue, unless a strict watch is

kept, make it necessary, wherever it is established, to give the

officers a power of entring and searching the houses of such as deal

in excisable commodities, at any hour of the day, and, in many cases,

of the night likewise. And the proceedings in case of transgressions

are so summary and sudden, that a man may be convicted in two days

time in the penalty of many thousand pounds by two commissioners or

justices of the peace; to the total exclusion of the trial by jury,

and disregard of the common law. For which reason, though lord

Clarendon tells us[g], that to his knowlege the earl of Bedford (who

was made lord treasurer by king Charles the first, to oblige his

parliament) intended to have set up the excise in England, yet it

never made a part of that unfortunate prince's revenue; being first

introduced, on the model of the Dutch prototype, by the parliament

itself after it's rupture with the crown. Yet such was the opinion of

it's general unpopularity, that when in 1642 "aspersions were cast by

malignant persons upon the house of commons, that they intended to

introduce excises, the house for it's vindication therein did declare,

that these rumours were false and scandalous; and that their authors

should be apprehended and brought to condign punishment[h]." It's

original establishment was in 1643, and it's progress was gradual[i];

being at first laid upon those persons and commodities, where it was

supposed the hardship would be least perceivable, _viz._ the makers

and venders of beer, ale, cyder, and perry[k]; and the royalists at

Oxford soon followed the example of their brethren at Westminster by

imposing a similar duty; both sides protesting that it should be

continued no longer than to the end of the war, and then be utterly

abolished[l]. But the parliament at Westminster soon after imposed it

on flesh, wine, tobacco, sugar, and such a multitude of other

commodities that it might fairly be denominated general; in pursuance

of the plan laid down by Mr Pymme (who seems to have been the father

of the excise) in his letter to sir John Hotham[m], signifying, "that

they had proceeded in the excise to many particulars, and intended to

go on farther; but that it would be necessary to use the people to it

by little and little." And afterwards, when the people had been

accustomed to it for a series of years, the succeeding champions of

liberty boldly and openly declared, "the impost of excise to be the

most easy and indifferent levy that could be laid upon the people[n]:"

and accordingly continued it during the whole usurpation. Upon king

Charles's return, it having then been long established and it's

produce well known, some part of it was given to the crown, in the 12

Car. II, by way of purchase (as was before observed) for the feodal

tenures and other oppressive parts of the hereditary revenue. But,

from it's first original to the present time, it's very name has been

odious to the people of England. It has nevertheless been imposed on

abundance of other commodities in the reigns of king William III, and

every succeeding prince, to support the enormous expenses occasioned

by our wars on the continent. Thus brandies and other spirits are now

excised at the distillery; printed silks and linens, at the printers;

starch and hair powder, at the maker's; gold and silver wire, at the

wiredrawer's; all plate whatsoever, first in the hands of the vendor,

who pays yearly for a licence to sell it, and afterwards in the hands

of the occupier, who also pays an annual duty for having it in his

custody; and coaches and other wheel carriages, for which the occupier

is excised; though not with the same circumstances of arbitrary

strictness with regard to plate and coaches, as in the other

instances. To these we may add coffee and tea, chocolate, and cocoa

paste, for which the duty is paid by the retailer; all artificial

wines, commonly called sweets; paper and pasteboard, first when made,

and again if stained or printed; malt as before-mentioned; vinegars;

and the manufacture of glass; for all which the duty is paid by the

manufacturer; hops, for which the person that gathers them is

answerable; candles and soap, which are paid for at the maker's; malt

liquors brewed for sale, which are excised at the brewery; cyder and

perry, at the mill; and leather and skins, at the tanner's. A list,

which no friend to his country would wish to see farther encreased.

[Footnote g: Hist. b. 3.]

[Footnote h: Com. Journ. 8 Oct. 1642.]

Commentaries on the Laws of England, Book the First · 第 26 / 41 段