Selected quad for the lemma: duty_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
duty_n good_a king_n subject_n 2,457 5 6.6055 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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

There are 3 snippets containing the selected quad. | View lemmatised text

any opinion nor eminent feare of Warres with any enemy or forraigne danger but a direct president against it we being now in peace with all our neighbours Thirdly the Dangelt though granted by Parliament when it begun to be usurped as an annuall duty by the Kings of England and that in times of peace as well as Warre was complained of as an insufferable Grievance and thereupon formerly released to the subject by foure severall Kings First by that good and gracious King Edward the Confessor of W. Ingulphus our ancient Historian pa. 897. which Mr. Selden in his Mare clausum and Sir Henry Spilman in his Glossarium title Dangelt out of him writes this Anno 1051. when the Earth yeelds not her fruits after her accustomed fertilitie but devoured divers of her Inhabitants with Famine Insomuch that many thousands of men dyed for want of Bread the most pious King Edward the Confessour moved with pity towards his people Tributum graviss the Dangelt dict or by Angl. imperpetuum relaxavit for ever released to England the most grievous taxe called Dangelt some adde and report that when his Lord Chamberlaine had brought the Dangelt then collected into his Bed-chamber and carried him in thither to see so great a heape of Treasure the King was agast at the very sight of it protesting that hee saw a Divell dance vpon the great pile of money and tryumphing with overmuch Joy whereupon hee presently commanded it to be restored to the first Owners Ex tam fera exactions ista ne unum volint ritinere An excellent precedent both of Justice and Charity for your Majestie now to imitate in these dayes of Plague and penury qui enim in perpetuum remisit To wit in the 28 yeare from that time that Swanus King of the Danes commanded it yearely to bee payed to his Army In the time of King Ethelbert his Father Matthew Westmonaster 105 Polycronicon lib. 6. cap. 24. Fabian in his Chronicle pag. 150. and Speed in his History of Great Brittaine Liber 8. cap. 6. sect. 7. pag. 410. with others record that Edw. the Confessor discharged Englishmen of the great and heavy tribute called Dangelt which his Father Ethelbert had made them to pay to the souldiers of Denmark so that after that day saith Fabian it was no more gathered This good King releasing it to all England as a most cruell and heavy taxation and restoring that mony collected by it to his eternall Honor we hope his Majesties gracious Successor can or will alter that which hath beene discontinued 600 yeares and upwards can renue it by your prerogative as a lawfull duty but rather for ever to remit it and restore the money collected as he did Secondly it was released by Wm the Conqueror from requiring it there was the like tax for a time imposing a taxe of 6s on every Hide of land toward the payment of his souldiers as a Conquerour caused rebellion against him in the Western parts polycronicon lib. 7. cap. 3. Fab. 7. lib. cap. 119 220 pag. 300 308. did at the last release this taxe of Dangelt but onely in time of warre as appeareth by the black booke in the Exchequer formerly cared which writes thus Ipse namque regnat tam diu quam terrae marisque predones hostiles cohibet incursus Cum ergo dominus solvisset terre sub ejusdem Regis Imperio noluit hoc esse ann●● quod solv fuerit urgente necessitate bellicis tempestatibus exactum nec tamen annuum non propter Inopinatos casus dimitti ratione igitur temporibus ejus or rather never for ought appeares by our Chronicles and Records vel successorib ipsius solutum est hoc est cum exteris gentibus bella vel opiniones bellorum insurgebant This Conqueror therefore releasing the annuall payment of it in time of peace as unjust and unreasonable and against the primitive institution of it and demanding it onely in time of warre your Majesty comming to the Crown by lawfull succession and Inheritance not by an absolute conquest as he ought much more to release and by no meanes to demand any such taxe in times of peace Thirdly it was released by King Hen. 1. who as in the beginning of his raigne Spilmans Glossary pag. 200 201. exempted the Charter of London and all Knights by his great Charter from Dangelt to wit 12d out of every hide land or other land which taxe it seemes by his lawes cap. 16. was granted to him in Parliament so hee made a vow he would release the Danes tribute Polycronicon lib. 7. cap. 17. Spilmans Glossary pa. 200. 201. it seems he was as good or better thē his word for Fab. pag. 7. cap. 239. pa. 327. and 4th story that he releases vnto Englishmen the Dangelt that was by his Father removed to wit by a grant in Parliament as appeares by Edw. the Confessors lawes cap. 12. the lawes of H. 1. stat cap. 16. Hovedens annuall parte posteriori pa. 603. Spil Glossary pa. 200 201. and he released it then also we hope your Majesty cannot in Justice renue it or the like taxe now Fourthly it was released by King Stephen both at his Coronation and a Parliament held at Oxford for Polycronicon lib. 7. cap. 18. fol. 283. Fab. part 7. cap. 232. 233. Hovedens annum parte priore Pag. 482. pag. 4. Spilman pag. 28. records That when King Stephen was Crowned he swore before the Lords at Oxford that he would forgive Dangelt as King Henry before him had done and that Anno 1136. hee comming to Oxford confirmed the Covenant which hee had made to GOD the people and holy Church in the day of his Coronation the last clause whereof vvas this that Dangelt Idest duos solidos quos antecessores sui accipere soliti sunt in Aeternum condonoret this hee would for ever that is two shillings of every Hide land which his Ancestors were accustomed to receive and though Hoveden lay the brand of Perjurie on him Hac principaliter Deo venit alia sed nihil horum servavit Yet we neither finde nor reade in our Record or Chronicles that this taxe of Dangelt or any of the like nature was ever imposed since that time by him or any of his Successors but by the advice of the Great men of the Realme Et Parliamenti authoritate for so that homo antiquar Sir Henry Spilman concludes in his Glosse pag. 201. Being thus for ever released as an intolerable Grievance and exaction by these foure severall Kings and discontinued full 500 yeares and not revived Wee humbly conceive that these antiquated and so often so anciently released exactions or any of the like nature ought not nor cannot either in point of Honour Law or Justice be revived or imposed on Us by your Majesty now and that this Taxe is successefully released as a Grievance though at first granted by Parliament can be no president to prove the lawfulnesse of this present
AN HVMBLE REMONSTRANCE TO HIS MAIESTY AGAINST THE TAX Of Ship-money imposed laying open the illegalitie abuse and inconvenience thereof Printed Anno 1641. AN HVMBLE REMONSTRANCE TO HIS MAIESTY AGAINST THE TAX Of Ship-money imposed laying open the illegalitie abuse and inconvenience thereof MOST Gracious and dread Soveraigne wee your poore and loyall Subjects of this your Realme of England now grieved and oppressed with the late Taxes imposed upon us for setting out of diverse Ships for guarding of the narrow Seas without a common assent thereunto had in Parliament doe here in all dutie prostrate our selves and this our Remonstrance against the said Taxes at your Highnes feete beseeching your Majesty of your Royall Justice and clemency to take the same into your Gracious and most just consideration and thereupon to release us your poore Subjects from the intolerable burthen and grievance under which we groane and languish And here first of all wee most humbly represent to your most excellent Majesty that the Tax of Ship-money is directly contrary to the fundamentall Lawes of this your Realme of England which your Majesty both in point of Justice and Honour is obliged inviolably to preserve according to the Oath made to God and your subjects at your Coronation and your faithfull printed royall Protestations since both in your Answer to the Petition of Right in the third yeare of your Highnesse Reigne in your royall speech in Parliament printed then with your Command and your Declaration to all your loving Subjects of the Causes which moved your Majesty to dissolve the last Parliament made and published by your speciall Command likewise by 22. 23. 42. 43. 44. in all which your Majesty to all your subjects Comfort have made their severall Declarations of your royall pleasure in these your most royall words The King willeth that Right be done according to the Lawes and Customes of the Realme and that the Statutes recited in the Petition of Right be put in execution that his subjects may have no cause of Complaint of any wrong or oppression contrary to their just rights and liberties to the preservation whereof he holds himselfe in Conscience obliged aswell as of his Prerogative Let right be done as is desired and I assure you that my Maxime is That the peoples liberties strengthens the Kings Prerogative and the Kings Prerogative is to defend the peoples liberties I doe here declare that those things that have been done whereby men had some cause to suspect the libertie of the Subject to be trenched upon shall not hereafter be drawne into example for your prejudice and for the time to come in the word of a King you shall not have the like cause to Complaine We were not unmindfull of the preservation of the just and ancient liberties of our Subjects which we secured to them by our just and gracious Answer to the Petition in Parliament having not since done any Act whereby to infringe them but our Care is and hereafter shall be to keep them intire and inviolable as we would doe our own Right and Soveraigntie We also declare that we will maintaine the ancient and just Rights and Liberties of our Subjects with so much constancy and Justice that they shall have cause to acknowledge that under our government and gracious protection they live in a more happy and free estate than any Subjects in the Christian world If then we shall make it appeare to your Majesty that the Tax is against the Lawes of the Realme and the just and ancient Rights and Liberties of your Subjects we doubt not but your Majesty out of your Royall Justice and Goodnesse will be most Graciously pleased to exonerate us thereof and never to draw it into example any more That it is against the fundamentall Lawes just Rights and ancient Liberties of your people we shall make it appeare by these particulars First we conceive it is against sundry Statutes of this Realme First the Statute of Magna Charta cap. 29. 39. ratified in Parliament 5. E. 3. cap. 9. 25. E. 3. cap. 18. 42. Ed. 3. cap. 3. and to the late Petition of Right in the third yeare of your Majesties Reigne who enacts that no Freeman shall be taken or imprisoned or disseized from the Free-hold or libertie or free Customes to them or to be outlawed or exiled or otherwise destroyed or pressed upon nor dealt with but by the Law of the Land and by the lawfull Judgement of the Peeres but diverse of your poore Subjects by vertue and authoritie of Writs for Ship-money have been taken and imprisoned by your Officers their Goods and Chattells seized distreined and sould to their great damage and destruction without any lawfull Judgement first given against them and before the right and title of the Tax hath been lawfully heard and decided against the very tenour of the Statute Secondly against the Stat. of 25. Ed. 1. de tallagio non concedendo 14. Ed. 3. 2. cap. 1. 25. Ed. 3. Rich. 2. cap. 9. 1. Rich. 3. cap. 2. and the late Petition of Right certified by your Majesty which enacts that no Tallage shall be laid or levied by the King or his heires without the good will and consent of the Archbishops Bishops Earles Barons Knights Burgesses and other Freemen of the Comonalty of the Realm By vertue of which Statute your Subjects have Inherited this freedome that they should not be compelled to contribute to any Tallage Tax Ayd or other charge not set by Common consent in Parliament as is recited by the same Petition Therefore not with this Tax of Ship-money not setled but being against the severall Acts against all the Acts of Tunnage Poundage and other subsidies which have been from time to time in all your royall Progenitors Reignes granted them either for yeares or for tearme of their naturall lives as a certaine Tax and Subsidie for the safety and defence of your Seas against enemies and Pirats and as a free voluntary Graunt because themselves by your royall Prerogative had no power to impose it upon the subjects some few of which Acts we shall here recite 14. E. 3. Stat. 1. cap. 20. Stat. 2. cap. 1. The Prelates Earles Barons and Commons in Parliament granted the King the ninth Lambes fleece fifteenth sheafe ninth part of all Goods and Chattells in Burroughes for two yeares space then next ensuing to be taken and levied by full and reasonable Tax for the same two yeares in ayd of the good keeping of the Realme aswell by Land as by Sea and of his warres aswell against the parts of Scotland France c. and elsewhere with promise that the Graunt so chargeable shall not another time be brought for an example nor fall to their prejudice in time to come 5. Rich. 2. per Stat. 2. cap. 3. a subsidie of two shillings on every Tun of Wine and six pence in the pound of every Merchandize els imported some few excepted was graunted to the King by Parliament
for two yeares during which time the Marriners of the West proffered the Parliament to make an Army on the Sea Provided alwaies that the money thereof comming be wholly imployed for the keeping of the Sea and no part elswhere the receivers and keepers whereof were appointed likewise that the people keeping of the Sea Armie shall have all the lawfull prizes shared among them And that the Admirall and others of the said Army should giue assurance to save the Kings friends and Allies without danger to be done to them or any of them by any meanes which if they doe and it be proved they shall put them in grievous paines to make amends 4. Ed. 4. 12. Ed. 4. cap. 3. the Commons of the Realme of England granted a Subsidie to the King called Tunnage during his life for the defence of the Realme and especially for the safeguard of the Sea they are the words of the said Act repeated which Act was continued and revived 40. H. 8. by Act of Parliament 6. H. 8. cap. 14. which grants him Tunnage and Poundage all his life 1. Ed. 6. cap. 1. 3. Mar. cap. 18. 1. Eliz. cap. 20. for the granting of Tunnage and Poundage all severally recited H. 8. H. 7. have had granted to them being Princes and their noble progenitors Kings of England for time being by common assent of Parliament for defence of the Realme and the keeping and safeguard of the Seas for the entercourse of Merchandize safely to come in and passe out of the Realme certaine summes of money named Subsidies of all manner of Goods or Merchandize comming into or growing out of the Realme The words of the forenamed Act are these First for asmuch as we the poore Commons c. now we your poore Commons wishing that such furniture of all things may be had in readines for time to come when necessitie shall require for the speedy and undelayed provision and helpe of the suppressing of such inconveniences and Invasions humbly desire of your most excellent Majestie lovingly and favourably to take and accept and receive their poore graunts hereafter ensuing as granted of true hearts and good wills which we bore to your Highnesse towards the great costs charges and expences which may be laid out by your Majestie for the causes beforesaid when need shall require Secondly no Dismes Quadrismes or grand Customes and such like ayd can be imposed the act of Tunnage and Poundage 1 Iac. cap. 33. which graunts this Subsidie to your Majesties Royall Father during his life makes the same recitall word for word If then the subsidie of Tunnage and Poundage have been already granted as a Tax upon his Subjects for guarding of the Sea both against enemies and Pirats by Act of Parliament and not otherwise and all your Royall Progenitors have accepted of it in this manner by a grant in Parliament and not imposed any such annuall Tax as now by Writ for the defence of the Seas by your Prerogative royall we humbly conceive that your Majestie cannot now impose it upon by Law rather because your Majestie ever since your comming to the Crowne hath taken and received this Tunnage and Poundage and still takes it and claimes it for a defence onely of the Seas professing in your royall Declaration to all your loving Subjects by your speciall command A. 7. pag. 44. that you tooke this dutie of Five in the Hundred for guarding of the Sea and defence of the Realme to which you hold your selfe still charged as you declared Now since your Majesty receives this dutie at your Subjects hand to this very end and purpose the moity of which is abundantly sufficient to defend the Seas in these dayes of peace with all neighbour Princes and Nations and by reason whereof you hold your selfe still obliged to it wee humbly conceive you cannot in point of Law and Justice neither will you in point of honour and conscience receive the said Dutie sufficient with an overplus to defend the Seas and yet impose this heavy Tax and burthen upon your Subjects and lay the whole charge of guarding the Seas in these dayes of peace on them as if no Tunnage or Poundage were taken for that purpose which none of your royall Progenitors ever yet did Fourthly against most of the Acts of Parliament for the severall Subsidies of the Clergie and Commonaltie in all your Royall Progenitors Reignes and your owne too who when the annuall revenues of the Crowne and your Customes and Subsidies granted them for the guarding of the Realme and Seas by reason of open warres aforesaid and defensive or both were not able to supply and defray the extraordinary expences never resorted to such Writts as these for the levying of Ship-money especially in times of peace but ever to the Parliament to supply for the defence of the Seas and Realme by grant of Subsidies Impositions Dismes Quadrismes rated and taxed by Parliament and not by your owne authoritie royall That is evident by all the Acts of Subsidies Taxes Ayds and Customes granted by your royall Progenitors and especially by the 14. E. 3. cap. 21. Stat. 2. 15. E. 3. Stat. 3. cap. 1. 23. 18. Ed. 3. Stat. 2. Pron. Stat. cap. 1. 25. E. 3. Stat. 7. 36. E. 3. cap. 14. 11. Rich. 2. 9. H. 4. cap. 7. 11. H. 4. cap. 10. 32. H. 8. cap. 23. 37. H. 8. cap. 24. 2. 3. E. 6. cap. 35. 36. 1. Ed. 6. 6. 12. E. 5. P. M. cap. 10. 11. 5. Ed. 6. cap. 29. 13. Ed. 3. 27. 28. 17. Eliz. 22. 23. 23. Eliz. cap. 14. 15. 27. Eliz. cap. 28. 29. 29. Eliz. cap. 7. 8. 31. Eliz. 14. 15. 35. Eliz. cap. 12. 13. 39. Eliz. cap. 26. 27. 43. Eliz. cap. 17. 18. 3. Jac. 26. 21. Jac. cap. 33. 1. Car. cap. 5. 6. 3. Car. cap. 6. 7. expresly recite the Ayd and Subsidie therein granted were for the defence of the Kingdome by Sea and Land the maintenance of the Navy and so forth If now these Princes that would part with no title of their just Prerogative and your Majesty your selfe have from time to time resorted for supplyes by Sea and Land to Parliament when Tunnage and Poundage and your owne ordinary revenewes would not suffice which they would never have done might they have supplyed themselves by such Writs of Ship-money as these are wee humbly conceive it to be against the common Law and that your Majesty ought to run the same course againe and may not by your Prerogative Impose this Tax of Ship-money without common consent in Parliament contrary as we beleeve to the Petition of Right confirmed by your Majesty as our undoubted Rights and Liberties and as the Tax of Ship-money is against the severall recited Statutes so wee humbly conceive it to be against the very common Law and Law books First by the Common Law every severall Dutie and service which concernes the subjects in generall or greatest part of them that is uncertain and