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 habeaâ—â—t illas apud Pertâ—â—osum in media quadra gessis beâ—â—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
Tax but a most pregnant Evidence against it having no cōtinuance or allowance at all from any Parliament as Dangelt had Fiftly admit that the tax of Dangelt were not imposed by Parliament but onely for Regall power and that lawfull in these antient times as is pretended all which we have manifestly proved voyd yet it is no Argument at all to prove the lawfulnesse of this present taxe of Ship-money and that in these respects First that Dangelt was first imposed in time of Warre and destruction before the government of the Kingdome was setled by good lawes therefore no president for this in time of Peace nor in this setled estate of the Realme so long continued in wholsome Lawes Secondly it was before any extant Statutes made against the imposing of any Taxe tallage aide or benevolence without common consent of the Lords spirituall and temporall and Commons in Parliament this and divers fore-recited Acts of this nature against it are ratified by your Majesty in the Petition of Right Thirdly it was before any subsidie of Tonnage and poundage granted to guard the Seas and Sea Costs to exempt the subject from these and all other taxes for that purpose and in truth it was the Tonnage and poundage of those times that after Tonnage and Poundage granted to guard the Seas c. Fourthly it was certaine first 1s afterwards 2s every hide land and that certainly limited this arbitrary and incertainly now rated by any Parliament Fiftly that was onely charged vpon lands not goods this on goods and those that have no lands Sixtly it was not alwaies annually paid but in times of warres as Spil Glossary pa. 200 and diuers others fore-recited authors have it thus Now for 3. yeares together in time of peace in these respects therefore we humbly declare vnto your Majesty that this principall president of Dangelt is no warrant of all for lawfulnesse of this taxe of Shipmoney but a cleere and vndeniable authority against it in answering whereof we have deseated and cleered and so answered most other presidents The next Presidents that are objected are those out of ancient stories Mat. Westm. Anno 874 writes of King Alfred that when the Danesinvaded the Realme with two Navies having prepared a Navy to set it to Sea tooke one of the Enemies ships and put sixe more to flight Anno 877. the enemies then encreasing in all parts the King commanded Galies and Galeas 2 long as naves fubricari per Regnum prelio hostili adventantibus obcurrit imposit is que piratio in illis viis maris custodiendis commisit Anno 877. 992 that King Alfred appointed guardians in severall parts of the Realme against the Danes quo etiam tempore fecit Rex Alfridus totum Navile quod terrestre prelio Regni sui tranquillitati providerat that Anno 1008. Rex Ethelberdus jussit parari 310. hadis navem vnam ex orto hi tum galeam vnam loricam that Anno 1040. Rex Hardecanutus vnumquemque reminisci suas classes orto mencos singulis rationibus decem naues de tota Angl. pendi precipit vnde cuncti qui ejus advent prius oraverunt exosus est effectus It is added with all that those Kings imposed ships and ship-money on the subjects therefore your Majesty may doe the like To these presidenrs we answer First that they are onely in time of open Warre and invasion by enemies for the Kingdomes necessary defence not in times of peace Againe the three first of them are onely that the King provided a Navie commanded ships to be builded through the Kingdome to guard the Seas and encounter the enemy as well by Sea as by Land but speakes not that this was done at the subjects owne charge nor that any tax was laid upon them for it or that the Command of his was obeyed or that he might lawfully impose a charge on his subjects without their common consent The fourth of them Anno 1008. saith of Ethelbert that he commands one ship to be provided for out of every two hundred and tenne Acres but saith not that this command was not by the King absolute power onely for it might be by common consent in Parliament agreed upon for ought appeares or that this command was just and lawfull neither doth he informe us that they were built Wigorniensis Anno 1008. addes that they were accordingly prepared and that the King put these souldiers into them with Victuals that they might defend the Coasts of the Kingdome from the incursion of Forreyners so that the subjects were not onely at the charge of the building of the ships the King for the Victuals Marriners souldiers and wages and in truth when all was done they had but bad successe for the same Historian saith that a great storme arose which tore and bruised the ships and drove them a shore where Holuo thus burnt them sic totius populi maximus labor periit yet this president though nearest of all comes not home to the present cause First because it was onely to build ships in the case of necessity for defence of the Realme where there wanted ships to guard it but now thankes be to God we have ships enough already built to guard the Sea against all the World Secondly every 100 and ten Acres to build a ship of 3 Oares unam triremem Wigorne writes but not taxed to pay so much to build one as now Thirdly the ships built were set out not at the subjects but at the Kings charge and cost therefore no president for this Taxe to set out ships built at ours Fourthly the charge was certaine and equall every hide land being equally charged this altogether uncertaine and unequall Fifthly this was after the time of Dangelt was set on foot therefore not done by the Kings absolute power but by common consent in Parliament as we have proved Dangelt to be granted Sixthly this president proves onely that such a thing was there commanded to be done by the King not that the King might or did lawfully command or enforce the subjects to doe it without the common consent Seventhly that was no annuall charge put on the subjects as that now but extraordinary not drawne into practice since for ought that appeares therefore differeth from this Tax of Ship-money Eightly no corporation or goods were then charged but onely lands and all were ruled by the land they held therfore this extēds not to justifie the tax of ship-money which is laid upon Corporations Goods and such as have no Land at all Ninthly no man was enjoyned this under pain of Imprisonment nor his goods distrained or sold if he refused it for of this there is not a syllable therefore no president to warrant the present imprisonment and destreining of these mens goods who now refuse to pay the tax for that of Hardicanutus not to be just and lawfull but an illegall and tyrannicall Act which saith Mat. Westm. Anno 1040. made
that they are now rated at at the best rate by reason that the remaining provision would discharge the intended service Eightly that they cannot be enforced to contribute seaven thousand pounds to the furnishing out of a Ship of seaven thousand Tunne according to your Majesties Officers estimation when as they themselves would every way furnish one at the first for five thousand pound and lesse and the next yeare for lesse than halfe the money by reason of the remaining store Ninthly that they cannot be enforced to give your Majesty after the rate of sixteene shillings or eighteene shillings the Tunne by the moneth for the hire of your Ships when as they can hire other Ships for foure or five shillings the Tunne a moneth or under and your Majesty allowed them no more for their Ships than foure shillings a Tunne when they were imployed at Callis or Rochell voyage some of which money is yet unsatisfied through the Officers default to their impoverishing whereas your Majesty receives all or the most part of the money before hand ere the Ships doe set out to Sea Tenthly they ought not to be charged with any such Tax unlesse those Officers and others whom your Majesty imployes to guard the Sea put in good securitie and preserve your Subjects friends and Allies from Pirats and others without damage and losse to any of them And if any sustaine any damage or losse as none ever did more in our memory than the last yeare in the west Coasts by the Turkes to give them full satisfaction and damage as those that undertooke to guard the Seas at the Subjects charge were obliged to doe 5. Rich. 2. Stat. 2. cap. 3. the which is but just and equall Eleventhly they conceive that every Subject that is not a Sea-man is bound by the Law to provide Horse and other Armes for Land service at their owne proper Costs according to their estates and abilities and therefore ought not by Law to be double charged with Sea and Land service too But that Marriners and Sea-men that are freed from Land service Muster and Armes ought onely to be charged with the Sea-service either out of their owne proper Costs if discharged of Tunnage and Poundage or else upon your Majesties as they were in Mathew Paris Anno 1213. cap. 224. Mathew Westminster Anno 1613. pa. 91. and since in Eighty eight when Land-men were discharged from Sea-service and Sea-men from Land-service the one serving with their Horses and Armes onely on Land the other with Ships on the Sea onely when Philip of France intended to have invaded the Land and deprived King Iohn of his Crowne whom the Pope had injuriously deposed Upon those grounds wee humbly represent this to your Majesties just and royall consideration And we most humbly conceive the Tax of Ship-money is altogether unjust and unequall especially as it is now ordered and therefore humbly pray to be freed therefrom Secondly admit your Majesty by your absolute power prerogative might impose this present Tax as it is now levied and ordered yet it is a great grievance not onely in regard of the forenamed particulars specified in the preceding Reasons but of these also ensuing First in regard of the greatnesse and excessivenesse of these Charges and Taxes the first to the Port Townes only for twenty seaven Anno 1634. came in most Townes to fifteene Subsidies a man and that the last yeare for forty seaven Ships to all Counties of England and Wales amounting to three or foure Subsidies in every Countie or more this present yeare for forty seaven Ships to as much all these payable at once the highest Tax that ever was imposed on Subjects in this Realme for ought wee reade in our Stories and that in times of generall peace when the Subsidies of Tunnage and Poundage of purpose to guard the Sea by treble if not six times greater than in Queene Elizabeths or any other Princes dayes before hers and halfe of the Tax or lesse as we shall be able to prove and make good will furnish out the Ships set forth Secondly the annuall vicissitude of it for three yeares together in the time of peace not to be paraleld in any Age which is like to make a dangerous president for us and our posteritie after us Thirdly the inequalitie of taxing of it in the first Tax ordinary Merchants charged to pay ten twelve fifteene yea twenty five pound or more when as diverse of your great Officers Earles and Lords who had fortie times greater Estates and Annuall revenewes payd but two three foure or five pound at the most The last yeares Tax was rated accordingly in Cities and Corporations where the middle and poore sort of people payd more than the richest and in the Countrey where men are now rated by the acre some Farmers pay more than the richest Knights or Gentlemen and many poore men who have scarce bread to put in their mouthes are faine to sell their pewter bedding sheepe and stocke to pay it the like inequalitie is in this present yeare and how the poore who made such hard shift the last yeare can be able to discharge this wee are not able to conceive especially in London and other Cities who are and have been visited with the plague where thousands that lived well before the sicknesse now live upon almes and they that have meanes and wealth now by the meanes of want of trading the charge of their families and their seasements to relieve the poore are become poore themselves sitter to have reliefe than to pay so heavy a Tax as this Fourthly the abuse of some Sheriffes and Officers in levying farre more than is prescribed in the Writts as in Lincolneshire the last yeare and other places before Fiftly the distreining of such Goods Chattells and other Commodities for Ship-money as are imported not exported whereas no goods but of such as had Lands onely have been anciently charged with any Tax towards the guarding of the Seas as appeareth in the severall Acts of Tunnage and Poundage Sixtly the ill guarding of the Seas against Turkes and Pirats notwithstanding the great Tax more mischiefe being done by them both by Sea and Land more of our Ships taken and pillaged by Sea and some persons carried away Captive from the Land in the West parts these last yeares notwithstanding the Navie than in many yeares before and no satisfaction given to the Subjects for their irreparable losses which they ought in Justice to receive If a Carrier or Skipper undertake to carry any Goods and they miscarry through his default and negligence an Action of the Case lyeth against him and he shall render all damage to the partie Your Majesties Officers imployed by you undertooke to secure the Sea this last yeare yet when they knew the Turkes were pillaging in the Western parts they negligently or wilfully left these Coasts unguarded to goe Southwards to picke a quarrell with the Hollanders Fishermen or to draw them to a
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
imposed by the Kings absolute power and will but by the common consent of all the Peeres in Parliament Fiftly it was payd to save and ransome their lives and liberties from a conquering Enemy not to a Gracious Prince to secure them from an Enemy Sixtly it was then thought and called by all our Historians an Intolerable grievance and oppression which as Speed saith in his History of Great Britaine lib. 7. cap. 44. sect. 147. and others emptied all our Land of all our Coine in the Kingdome Therefore in all these respects no warrant at all of the lawfulnesse of this Tax but a strong Argument against it to prove it both an Intolerable grievance and an unjust vexation The second Tax called Dangilt intended in the Objection is thus defined in Edward the Confessors Lawes Cap. 28. by that famous graund Inquest of twelve of the principall men out of every Countie of England appointed by William the Conquerour in the fourth yeare of his Reigne as Hoveden pag. 602. 603. Dangilt was enacted to be payd by reason of Pirats infesting the Countrey who ceased not to waste it all they could To represse this their Insolency it was enacted that Dangilt should be yearely rendred to wit one shilling out of every Plough land throughout England to hire those that might resist or prevent the occasion or eruption of Pirats The black Booke of the Exchequer Lib. 1. cap. 11. thus defines it to repulse the Danes It was enacted by the Kings of England in Parliament that out of every hide of Land by a certaine perpetuall Rent two shillings should be payd to the use of Valiant men who had diligently and continually should guard the Sea Coasts should represse the force and the assaults of the Enemy because therefore two shillings rent was principally instituted for the Danes it was called Danes gelt But that president of the second sort of Dangilt most insisted upon is so farre from warranting of the lawfulnesse of this present Tax that in truth it is an unanswerable argument against it if well considered For the first it was not imposed upon the subject by the Kings absolute Prerogative as this is but granted and imposed by Parliament with the peoples consent as Tunnage and Poundage hath been since This is evident by the Lawes of the Confessor Et ad eam insolentiam reprimendam statutum est dare geldum reddi conjunctim c. If therefore at first enacted to be payd yearely one shilling out of every hide of Land to finde men to guard the Sea and Sea Coasts against the Danes and Pirates that then this was certainly granted and enacted by Parliament since the King alone by his absolute power much lesse to such a Writ as now issueth could make no such Act or annuall Law Secondly by this the blacke Booke of the Exchequer H. 1. cap. 11. Ad injurias igitur arcendas à Regibus Angliae to wit in Parliament where the Kings of England are said onely to enact Lawes and the Lawes then enacted are said to be the Kings Lawes and Acts because his assent is unto them binding Statutum est ut de singulis hidis Iure quodam perpetuo duos solidos argenti solverent ad usus nostros cum factum hoc legitur antiquâ lege c. If then this were enacted by a certaine perpetuall Law and payd by an annuall Law as by this Exchequer Record appeares then certainly by an Act of Parliament Thirdly by an addition to the Lawes of King Edward the Confessor Cap. 12. cited in Hoveden likewise Annalium posteriorum pag. 603. which saith that every Church wheresoever situated is exempted from this Tax untill the dayes of William Rufus because they put more confidence in the prayers of the Church than in the defence of Armes Donec tandem à Baronibus Angliae auxilium requirebatur ad Normandiam requirendam retinendam de Roberto sue fratre cognomine Curt. concessum est ei non lege sanctum atque firmatum sed hoc necessitatis causa erat de unaquaque hide quatuor solidos ecclesia non excepta dum vero collectio census fieret proclamabat ecclesiae suae reposcens libertatem sed nihil profecit by which exemption of the Church and Church Lands from this Tax and this request of William Rufus to his Barons to grant him their Ayd to gaine and retaine Normandy which they did grant unto him onely for their present necessitie but did not annually establish and confirme the graunt of foure shillings on a hide land by Law as Dangilt first was granted and that upon the lands of the Church as well as others it seemes most apparent that Dangilt and this Tax succeeding in lieu of it and then taken by graunt was first granted by Parliament and that then no such Tax could be imposed by Kings even in times of warre and necessitie to regaine and preserve their proper Inheritance but by Parliament Fourthly by Sir Henry Spilman in his authorized Glossary 1626. title Dangelt pa. 2009. 201 Mr. Selden in his Mare clausum 1636. dedicated to your Majesty and published by your Majesties speciall cōmand 6. 2. cap. 11. 15. who both include to this opinion that the Dangelt was most imposed by royall authority but given by the peoples full consent in Parliament and that the taxes which succeeded were not annually granted nor paid but onely in time of Warre sc. Consult etiam magnatibus Parliament secundum authoritatem the advice of the great men of the Kingdome and by the authority of Parliament If then this taxe of Dangelt to defend the Seas was granted and imposed by Parliament onely with these taxes that succeed it not by the Kings royall prerogative without a Parliament This taxe for the Shipmoney also ought to be thus imposed and not otherwise even by thefe present Examples Secondly the Dangelt was not imposed or enacted in times of Peace but if Warre ceased the taxe also ceased in point of Law and it is Iustice according to the Law and Philosophers rule cessante causa cessat effectus that the taxe lasted and was granted and lawfully taken onely during the warres with the Danes is most apparant by the fore-recited orders of Edw. the Confessors Lawes cap. 12. by the black booke of the Exchequelib 1. cap 11. which addes moreover that when the land had the taxe being vnder Wm. the Conquerour Noluit hoc annuum solvi quod erat urgenti necessitate bellicis tempestatibus exactum non tamen omnino propter Importunarum causas dimitti rerum igitur temporibus ejus vel successoribus ipsius solutum est hoc cum ab exteris periculis bella vel opiniones bellorum fuere which Sir Henry Spilman in the very same words in librum Glossarii If then this Dangelt though granted by Parliament was due and collected by right on the subjects onely in time of forraigne Warres not in dayes of peace we have neither open Warre nor
them in the Sea before they could land for he had a greater Navie then then the King of France whence hee conceived greatest security of resisting the Enemies thus Mat. Westm. Paris History of England Anno 12 13. pag. 224. 225. whose words we have related at large to cleere and take off the edge of this Prime president in answering which since all things will be cleered from these Writs to presse and provide ships your Majesties Officers would inferre the lawfulnesse of these Writs for ships ship-money now But under correction we humbly conceive that this president makes much against and nothing at all for these Writs and taxes which now issue forth for First it was before Magna Charta the taxes and Tallages the Petition of Right or any Subsidie Tonnage or poundage to guard the Sea the statutes are against them Secondly it was onely directly in Port-townes that had ships not to Countries and places that had no ships as the Writs are now Thirdly it was to the Masters and Owners of ships not to any other persons who being exempted from all Land-service were to serve the King and Kingdome at this pinch and extreamity at Sea but these Writs reach to all aswell those that have no ships as others Fourthly it was onely to furnish out their owne ships not to contribute money to hire the Kings ships or others or to build new of other or greater Burthens thē these that had bin These Writs now are contrary to this in all these respects at least in the intention and execution Fifthly here was no leavying of money to be paid to King John his Executors or Officers hands to provide or hire ships as now but every man was left to furnish his owne ships at his best rates with his owne provision and Marriners this quite otherwise Sixthly though the Marriners and Owners of the ships were by this Writ to furnish ships at their owne proper costs yet when they were thus furnished the King was to pay them both wages hire and freight as his successors ever had done since when they pressed any of your subjects ships or Carts for Warre or Carriage these were the words Iterum in servitium nostrum ad liberationes nostras which imply a Constancie as in all like Cases yea of your Majesty who now pay wages and freight for all the Mariners and Marchants ships your presse resolves as much therefore this makes nothing at all for this enforceing the subjects to set out ships to guard the Seas to serve your Majesty at your owne proper costs and charges but point blanke against it Seventhly this president makes it evident that those who are bound by their Teunres Lands and Lawes of the Kingdome to serve the King and defend the Kingdome by Land as all the horses foote Train'd Bands and Companies throughout England neither have bin ought to be charged with any Sea-services for heere all the Land men are charged to serve the King and defend the Kingdome by Land and these Sea-men onely by Sea neither of them enforced to serve or contribute to any service or defence both by Sea and Land for that had bin double and unreasonable charge therefore now who are charged with Land-service by these very presidents related ought not to be taxed towards the setting out of ships but Sea-men onely are to gùard the seas with such ships as they have and no other vpon your Majesties pay therefore these Writs which charge Land-men to contribute to the setting out of ships are directly against these Presidents and the Lawes and practice of these Lawes Eightly These Land men that were not bound by their Tenures and Lands to fine and yet were able to beare Armes were to receive the Kings pay and not to serve gratis even in this necessary defence of the Kingdome as these words ad capiendum solidos nostros resolve therefore certainly Mariners in those ships received the Kings pay too and the owners freight as now they doe from your Majesty and so the King not the Subjects bare the charge of the shipping then and if so in that time and age before Tonnage and poundage then your Majesty ought much more now to doe it since Tonnage and poundage is taken for that purpose Ninthly this Writ was in an extraordinary cause upon an extraordinary Exigent and occasion The King was heere deprived of his Crowne and Kingdome most unjustly by the Pope and the instigation of these treacherous Prelates and both of them given to King Philip of France a strong Army both by Sea and Land was ready to invade this Land yea to take possession of his Crowne and Kingdome this extraordinary suddaine Exigent put the Kingdome to these two extremities of those Writs there being therefore blessed be GOD no such extraordinary occasion as then this President being extraordinary is nothing pertinent to the Writs now in question nor any proofe at all of the lawfulnesse of this Taxe Tenthly it was in a time of open and eminent Warre and danger onely upon invasion ready to be made upon the Realme by a forraine Prince and Enemy both by Sea and Land therefore no proofe of the lawfulnesse of the present Writs and Taxes in time of peace For instance First Marshall Law may be executed and exercised by your Majesties Commission and Prerogative in time of Warre but not in peace as was lately resolved by your Majesty and the whole Parliament in the Petition of Right Secondly the Kings of England in times of open Warre might compell trained souldiers and others out of their owne Counties to the Sea coast or other parts for the necessary defence of the Realme but this they cannot doe in time of Peace 1. E. 3. 4. 5. Parliament M. Ca. 3. Thirdly the Kings of England in time of forraine Warres might by their Prerogative Royall seize the Land of all Priors Aliens when they were extant in England but that they could not doe in times of Peace 27. Asss. 48. 38. Asss. 20. pag. 27. Asss. lib. 3. 2. Cap. 8. Ed. 3. 38. 27. E. 3. 16. 40. E. 3. 10. 14. H. 4. 36. 22. E. 3. 43. 21. H. 4. 11. 12. Fourthly that the Kings of England when they had defensive Warres with Scotland they might lawfully demand receive and take Escuage of their subjects and so did other Lords of their Tenants but in times of peace they neither did nor could doe otherwise Lit. Sect. 199. 95. 98. 100. 101. 102. Fifthly the Dangelt there granted at first by common consent of the people in PARLIAMENT was due onely in the time of Warre and not of peace as appeares by the Premisses Sixthly subsidies and aides in former times were not demanded by KINGS nor granted in Parliament by the subjects but in time of Warre or to defray the debts of the Prince contracted by the Warres 14 E. 3. Ca 21. 15. E. 3. Ca. 12. 3. stat 2. stat 3. Ca. 1. 25. E. 3. stat 7. 11. H. 4. Ca. 10.