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A91195 An humble remonstrance to his His Maiesty, against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience thereof. Prynne, William, 1600-1669. 1641 (1641) Wing P3983; Thomason E207_3; ESTC R209840 30,545 71

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him odious and harefull to those that desired him for their King before Florentinus Wigorniensis Anno 1040. adds that it was such a tribute that scarce any man could pay it quapropter ab iis qui prius adventum ejus desider abant magnopere factus est exosus summopere memorabile importabile quod cum ciuibus extincti sunt and such a grievous insupportable Tax as that was then reported imposed by noe hereditary Prince but a forraine Danish Tyrant who dyed in drinke amidst his cups very shortly after as all our Historians Record be made or deemed a just and lawfull president for your Majesty row to follow God forbid Thirdly wee answer that all these presidents were before the government of the Kingdome was setled before any Charter or other Statutes against Taxes and tallages loanes aydes and benevolences without common consent in Parliament enacted before Tonnage and poundage granted therefore insufficient to this present cause Fourthly neither of the presidents was ever adjudged lawfull against the subjects and therefore not binding poore pr. 3. 93. Slades case Cook 6. 75. and they are very ancient Fifthly all these were during the time of Dangelt and involved in it what there we answer to that of Dangelt is applyable to all and each of these and that making cleere nothing for this taxe as we have manifested these presidents must doe the like The chiefe and most pertinent of all other since that of Dangelt is that of King Iohn 1213. who being injuriously deprived of his crowne and Kingdome at Rome by the Pope at the earnest solicitation of that arch Traytor Stephen Langton Archbishop of Canterbury William Bishop of London and the Bishop of Ely these Prelates departing from Rome went into France and there conspired with the Bishops and King Philip of France against their owne Soveraigne they then solemnly published the deposition and sentence of the Pope given against him at Rome and then in the behalfe of the Pope they enjoyned aswell the King of France as all other men as would obtaine remission of sinnes that uniting themselves together they would all goe into England in an hostile manner and depose King John of his Crowne and Kingdome and substitute another worthy man in his stead by the papisticall authority when as the Apostles never deposed any Princes of their Crowne and Kingdome but commanded all to feare and submit to them Rom. 13. 12. 1 Tim. 13. 12. 1 Pet. 2. 13. Hereupon the King of France prepared a very strong and great Army and Navie to invade England both by Sea and Land to depose King John and to get the Crowne of England to himselfe King John having perfect intelligence of all these things in the moneth of March commanded ships excellently furnished to come together out of all the parts of England that so he might with strong hand resist boldly those that intended to invade England he likewise raised gathered together a very great Army out of all England and Ireland and the places adjoyning that Mat. Westm. 1213. pa. 90. relates the story Mat. Paris addes this unto that the King in the Moneth of March caused all the ships out of the Ports of England to be in readinesse by his Writ which he directed to all the Bayliffes of the Ports in these words Johannes Rex Angliae c. praecipimus tibi quatenus visis istis literis eas in propria persona vna cum balivis portuum ad singulos portus balliva tua facias diligenter numerare equos aut plures praecipuos ex parte vestra Magistri omnium naviu illorum quorum naves sunt quot sunt suos naves suas omnia sua diligenter habea●●t illas apud Pert●●osum in media quadra gessis be●●e ordinat bonis probis marinellis bene armatis qui ituri sunt in servitium nostrum ad liberationes nostras tum habeas ibi memoriter distincte in breviate fere post quorum nomina in singulis partibus inveneris quorum ipsi sunt quot equos quilibet ferre potest hunc facias nobis scire quot quae naves iis fuerunt in partibus suis die dominico primo post cineres sicut praecipimus habeas ibi hoc breve teste meipso apud novum templum tertio die Martii These things thus done concerning ships the King sent other letters to all the Sheriffes of this Kingdome in this forme Johannes Rex Angliae c. Summoniens per bonos summonitores Barones milites omnes liberos homines servientes vel quicunque sunt vel quocumque tendunt qui arma debent habere vel arma habere possunt qui homagium nobis vel ligantium fecerunt quod sicut nos semetipsos omni sua diligunt sint apud Doveram Instant clausam paschae bene parati cum equis armis cum toto posse suo ad defendendum Caput nostrum capita sua terram Angliae quod nullus remaneat qui arma portare poterit sub nomine Culvertugii perpetuae servitutis ut illi veniant ad capiendos solidos nostros habend victualia omnia mercata balroarium mare venire facias ut sequantur exercitum nostris hominibus belli Ita quod mille mercarum de Ballivis alibi teneatur alit tuipse tum sis ibi cum predictis summonitoribus scias quod scire volumus quomodo venerunt qui non videas quod te est formale venias cum equis armis hoc ita exequeris ne inde certificandum ad corpus tuum nos capere debeamus inde habeas rotulum tuum ad nos certificand quis remanesrit These two Writs therefore being divulged throughout England there came together to the Sea coasts in divers places where the King most suspected to wit at Dover Feverisham and Ipswich men of different condition and age fearing nothing more then that report of Culvertage but when after a few dayes there wanted victuals for so great a multitude the chiefe Commanders of the Warres sent home a great company of the unarmed vulgar retaining onely the Knights their servants and free-men with the slingers and Archers neere the Sea Coast moreover John Bishop of Norwich came out of Ireland with 500 souldiers and many horsemen to the King and were joyfully received of him All therefore being assembled to the battle and mustered at Bark Downes there were amongst selected souldiers and servants strong and well armed 60000. valiant men who if they all had one heart and one mind towards the King of England and defence of their Country there had not bin a Prince under heaven against whom the King of England might not have defended himselfe safe Moreover if the King of England resolved to joyne in battell at Sea with the Adversaries that they might drowne
more at their private lucre and sinister ends then at your Majesties Honour and service or your kindreds welfare upon which we most humbly supplicate your Majestie to be exonerated of it since for the premised reasons we neither can nor dare contribute any more to it Now because these men who have put your Majesty upon these projects pretend some auncient president for the lawfulnesse of this Tax for the Ship-money thereby to induce your Majesty whose Justice and integritie they know is such as will never consent to any the least taxations unjustly to oppresse your Subjects withall contrary to the just rights and liberties confirmed by your Majesty and your owne Lawes to impose it and exact it as a just dutie and lawfull tallage wee shall here for the opening of the unlawfulnesse of it give a briefe Answer to the chiefest of these presidents which they produce and suggest to your Majesty to manifest the illegalities of it In generall we give this Answer to all the presidents they produce to justifie this Tax That there is no direct president in point of Law to compell the Subjects to finde Ships to guard the Seas or if there be any one such president yet that never ruled neither was adjudged lawfull upon solemne debate either in Parliament or any other Court of Justice Secondly the presidents produced that have any colour at all to prove the Tax just and legall were before Magna Charta and the Statutes afore-cited Taxes and Tallages without consent of Parliament or at least before Tunnage and Poundage were granted for guarding of the Seas and not since Thirdly that they were onely in times of warre and open hostilitie not of peace as now this will sufficiently answer all presidents that can be produced Fourthly that they were onely either in times of warres and open hostilitie or that they were by assent in Parliament or els withstood and complained of as grievous if otherwise Fiftly that they were onely for suppressing and taking off Ships upon the Kings hire and wages not for setting out of Ships on the Subjects proper Costs or els for stay of Ships for a time and so impertinent to the Case in question Sixtly that these presidents were not annuall or for sundry yeares together but rare once perchance in an age and that on speciall occasions in time of eminent danger and will not prove pertinent if duly examined These generall Answers now premised wee shall descend to the most materiall particular presidents the answering which alone will cleere all the rest A maine president they insist on is that auncient Tax of Dangilt they say the same was lawfully imposed by his Majesties royall progenitors on his Subjects by meere royall authoritie without act of Parliament to defend the Seas and Realme against the Danes Therefore his Majesty may now impose on his Subjects the like Tax by his royall Prerogative To this objected president we answer that there was a double kinde of tribute called Dangilt memorized in our Chronicles and Writers The first Wigorniensis and Mathew of Westminster Anno 983. 986. 994. 1002. 2007. 1011. 871. 873. 1041. Polichronic lib. 1. cap. 5. lib. 7. cap. 15. 16. Fabian part 6. cap. 194. 200. Graston pa. 162. 164. 165. Master Speeds Hist. lib. 7. cap. 44. sect. 20. 14. 22. 25. lib. 8. cap. 2. sect. 12. William Malmesbury de Justicia regnt Angl. lib. 2. cap. 12. pag. 76. 77. John Salisbury de luctis Anglie lib. 8. cap. 22. Ad finem Spilman glossar pag. 199. 200. Floud An. pa. 10. 428. Rastalls tearmes de ley Lit. Dangilt Minshaws Dictionary title Dangilt Seldens Mare Clausum lib. 2. cap. 11. 15. Imposed by and paid to the Danes themselves as to conquering enemies by way of Composition tribute to the which the King himselfe did contribute as well as the Subjects This Composition was first begun by Pusillamenus King Ethelbert by ill advice Cretineus Archbishop of Canterbury and other Nobles Anno 991. This tribute came to ten thousand pound Anno 983. to as much 986. to 16994. to the like 102. to fourteene thousand pound Anno 1607. to 300. out of Kent alone Anno 1012. to twenty eight thousand pound Anno 1014. so Mathew of Westminster and others write that Ethelbert at five severall times paid the Danes 113000. pounds and there was granted to him an annuall tribute of 48000. pounds to be exacted of all the people which properly was called Dangilt which tribute was exacted and collected by Hardicanute whose Officers were slaine at Worcester in gathering up this exonerable tribute and importable as Mathew of Westminster and Malmesbury terme it De hostibus regni Angl. lib. 1. cap. 12. pag. 76. 77. And when King Swanus the Dane exacted this tribute from Saint Edmondsbury out of King Edwards Lands which pleaded exemption from it he was stabbed to death with King Edwards sword in the middest of his Nobles as our Historiographers report Nay the Dangilt which may be so termed because it did gelt much and pare mens estates and emasculated their spirits hath no Analogie with this Tax of Ship-money For first it was not payd to a King but to a conquering Enemy Secondly it was payd by the King himselfe as well as by his Subjects and that not as a debt or dutie but a composition or tribute most unjustly imposed and exacted by an usurping and greedy Enemy Thirdly it was exacted by force and violence not by Law or Right Fourthly it was payd by the joynt composition and agreement both of King and people not by the Kings absolute power that is evident by Florentinus Wigorniensis and Mat. Westminster Anno 983. Danis omnes portus regni infestantibus dum nesciretur ubi eis occurri deberet decretum est à viris prudentibus ut vincerentur argento qui non poterant ferro Itaque decem millia librarum soluta Danorum avaritiam expleverunt Anno 991. Quo audito datum est ijs tributum decem millia librarum per Consilium Syricii Cantuariensis Archiepiscopi aliorum nobilium Regni ut a crebis rapinis cremationibus hominum caedibus quae circa maritima agebant cessarent Anno 994. Tunc Aethelredus per Consilium suorum nobilium dedit iis pensionem de tota Anglia collectam 16000. librarum ut à cadibus hominum innocentium cessarent Anno 1002. Rex Aethelredus Consilio suorum ob multas Injurias à Danis acceptas tributum illis statuit taxati Angli fuere ut pacem cum eis firmam tenerent cujus postulationem Concesserunt ex eo tempore de tota Angliae sumptus illis tributum quod erat 36000 lib. persolvebatur Anno 1012. Dux Edvardus omnes Anglia primates utriusque ordinis ante Pascha Londini congregati sunt ibi tam diu morati sunt quousque tributum Danis promissum quod erat 45000. l. persolverent By all which it is evident that this tribute was not