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
indefinite not reduced to any positive certainty ought to be rated and imposed by a Parliament onely not by your Majesty as the partie whom it concerns as appeareth by two notable instances pertinent to the present purpose whereof the first is that of Taxes uncertaine which though a dutie to the King and other Lords heretofore upon every voyce royall against the Scots yet because it concernes so many it could not be taxed but by Parliament Litt. 2. 97. 98. 100. 102. F. N. B. 8. Cooke on Litt. sect. 97. 101. 102. Secondly in Case of Ayd to marry the Kings or Lords Daughter and to make his sonne a Knight which though a Dutie yet taxed and reduced to a certaintie by a Parliament not left arbitrary 3 E. 3. cap. 35. 25. E. 3. Stat. 5. cap. 11. F. M. B. 82. If then these uncertaine services and duties to avoid opposition and Injustice ought to be taxed in Parliament much more the uncertaine and indefinite Tax being no dutie nor debt at all and not yet prescribed or reduced to any certainty by any Law Secondly no Dismes Quadrismes or grand Customes and such like can be imposed by the very common Law though usually subsidies and supplyes but by Act of Parliament as appeareth by all them in Fitz and Brookes Abridgements titles Quadrismes 9. H. 6. 13. grand Cust. 26. 4. E. 4. 3. 4. 5. Fitz Bar. 304. 14. E. 3. 21. 26. E. 3. cap. 11. 45. E. 3. 4. 11. Rich. 2. 9. Dyer 45. 6. 165. therefore much lesse the unusuall and extraordinary Taxes of Ship-money amounting the first yeare to ten fifteenes and this yeare to three subsidies a man of which there is not one syllable or tittle in any of our Law Books Thirdly No Law can be made within the Realme to binde the Subjects either to the losse of Libertie Goods or member by your Majesties absolute power nor yet by your Majestie nor the Lords in generall without the Commons consent in full Parliament as is resolved in these common Law Bookes 11. H. 6. 17. Ployd 74. M. 19. E. 3. Fitz Iurisdict 28. Annum the very reason why Acts of Parliament binde all is because every man is partie and consenting to them 3. E. 4. 2. 2. E. 4. 45. or 4. H. 11. 22. H. 1. 5. Ployd 59. and 396. If then no Lawes can be imposed on the Subjects but such as are made and consented unto by them in Parliament because every Law that is penall deprives them either of their liberties person by imprisonment or the propertie of their Goods by Confiscation much lesse then any Tax or the Tax for Ship-money for the which their goods shall be and are distreined the persons imprisoned in case they refuse to pay it contrary to Magna Charta promis Stat. Fourthly every subject hath as absolute propertie in his Goods by the common Law as he hath in his lands and therefore as your Majestie cannot lawfully seize any of your Subjects lands unlesse by some just title or forfeit upon a penall Law or Condition infringed or by the parties voluntary consent so cannot you seize upon his Goods unlesse by some Grant from the partie himselfe either mediately as in Parliament or immediately for some debt or either granted you in like manner therefore not for Ship-money unlesse granted by common consent in Parliament Fiftly it is a Maxime in all Lawes civill and common and a principle of reason and nature Quod tangit dom ab omnibus debet approbari Regis Iac. 11. 9. This Rule holds in all naturall and politique bodies nothing is or can be effected by the head hand or foot alone unlesse the other parts of the body or faculties of the soule assent In all elections popular where there are diverse Electors there must either be a generall consent of all or of the maior part or otherwise the election of the fewest or one onely is a meere nullitie in all Parliaments Colledges Synods Cities Cathedrals in Laws Canons Ordinances or by Laws neither Levies nor Taxes can be imposed but by all or the Maior part The Bishop or the Deane without the Clergie the Major without the rest of the Corporation the Abbot without the Covent the Master of the Colledge without the fellowes the Master or Wardens of Companies without the Assistants the Lords of the Parliament without the Commons nor the lesser part without the consent or against the greater part in all these can doe nothing either to binde or charge the rest by the Common or Civill Law Your Majestie therefore by the same Reason being but a member of the body politique of England though the most excellent and supreame above all the Rest can impose no Lawes or binding Taxes on your Subjects without the common consent in Parliament especially now in times of peace when a Parliament may be called and summoned to helpe these Sixtly if your Majestie shall grant a Commission to imprison or to seize any of your Subjects Goods without any Indictment or Proces of Law that hath been adjudged voyde and against Law 42. H. 8. tit. 5. Br. Commission 15. 16. therefore your Majesties Writts to distreine mens Goods and imprison their persons or bodies for Ship-money must be so too And as your Majesty by your Letter cannot alter the Common Law 6. H. 4. 5. 10. H. 4. 23. so neither can you doe it by your Writts 11. H. 4. 91. Br. Prerog. 15. 49. ass 37. H. 6. 27. 3. H. 9. 15. 18. Ed. 4. 76. 5. H. 4. 21. Ed. 4. 79. Book pat 25. 52. 41. 53. 69. 79. 73. 100. Descent 57. Dangilt 9. Fitz-toll Seaventhly it is a Maxime in Law that no man ought to be Judge in his owne Case and therefore no man can have Cognizance of Pleas where himselfe is Judge and partie And if a Lord of a Mannor prescribe in a Custome to distreine all beasts that come within his Mannor damage fezant and to deteine them untill Fine be made to him for the damages at his will this prescription is voyde because it is against reason that he be Judge in his owne Case for by such meanes though he had damage but to the value but of old he might asseise and have a hundred pound Tit. 31. Iac. 2. 11. 212. Cau. ibm 3. E. 3. 24. 4. E. 3. 14. 10. E. 3. 23. 28. E. 3. Plac. 20. H. 4. 8. Br. Lett. 12. 7. H. 6. 13. 9. H. 6. 10. the same holds in reason concerning Ship-money if it lay in your Majesties power to impose what summe they pleased upon your people you should be Judge in your own Cause and so your Majestie by your Officers mis-information for their owne private lucre might levy farre more than need requires for your service yea so much and so often as would soone exhaust your whole estates which is against both reason and justice and therefore this concurrent assent in Parliament is requisite that no more be demanded then shall appeare to be necessary to avoyde
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
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
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
opposition both in frequency of the opposition the quantitie of the summe collected and the undue and unequall Taxing thereof Eightly if your Majesty by your absolute authoritie might impose such Taxes as there at your pleasure might be fulfilled on your subjects you may doe it as often and raise them as high as you please for what Law is there to hinder you from it but that which denies you any power at all to doe it Now if you may impose these Taxes as often and raise them as high as you please even from a hundred to two hundred Shippes every yeare aswell as fortie or fiftie in times of peace and distreine upon all your Subjects Goods and imprison their bodies for it then all their Goods Lands and Liberties will be at your Majesties absolute disposition and then are we not free-borne Subjects but villaines and rascalls and where then are our just ancient Rights and Liberties confirmed by your Majesty in the Petition of Right which you have protested you are bound in conscience to performe and keepe inviolable Ninthly it hath beene adjudged in auncient time that the Kings of England cannot by their prerogative create a new Office by Pattent in Charge of the people neither can they graunt Murage or any such tallage to or demand it of any one by Writ or Pattent because that it is in Charge of his people Que ne part est sans parliament 13. H. 4. 14. Br. Pat. 12. 37. H. 8. Pat. 100. therefore by the same reason that Tax that layes a farre greater Charge upon the Subject than any new Office Murage Tallage Travers or thorow Toll cannot be imposed but by Act of Parliament Tenthly admit your Majesty by your absolute prerogative might enforce the Subjects to set out Ships to guard the Sea yet we conceive humbly as things now stand you cannot doe neither in Honour nor Justice nor yet in that way and proportion as it is now demanded For first we humbly conceive that your Majesty cannot impose this annuall charge on your Subjects and wholy because you receive Tunnage and Poundage of your Subjects on purpose to guard the Seas and ease your Subjects of this burthen which is sufficient to discharge the service with a large surplusage besides to your Majesty either therefore your Majesty must now both in Justice and Honour release the Tax of Ship-money or els your Tunnage and Poundage since either of them are sufficient for the service and one of them not due if the other be taken Secondly we humbly conceive that you cannot demand it now in a generall peace when there is no feare at all of forraigne enemies or open warre proclaimed against any neighbour Prince or State there being as we beleeve no president for any such Tax in the time of peace Thirdly we conceive that since the Writ enjoyned every County to furnish a Ship of so many Tunnes for so many moneths First that no Counties can be forced to furnish or hire any Ships but those that border on the Seas and have Shipping in them Secondly that they cannot be compelled to furnish out any other Ships of any other burden than such as they have for the present unlesse they have convenient time allowed them to build others Thirdly they cannot be compelled to levie so much money to returne it to your Exchequer or to any of your Officers hands as now they doe when they cannot call them to account to see how the money is imployed but that they may and ought to appoint their owne Officers Treasurers and Collectors to make their owne estimates proportions and provisions at the best and cheapest Rates as every one doth that is charged and over-rated in their estimates and put to almost double expence by your Majesties Officers who are not neither can be compelled to give your Subjects any accompts as those Officers may be that collected the Subsidies of Tunnage and Poundage anciently were to doe 5. R. 2. cap. 3. Fourthly that they cannot be compelled to hire your Majesties Ships at such rates and with such furniture and provisions as your Officers shall seeme meet to have and appoint for them for by the same reason your Majesty may enforce those Gentlemen and grand Souldiers who are bound to keepe Launces and light Horses or to provide Armes in every Countie though they have Armes and Horses of their owne which are serviceable to buy or hire your Majesties Horses and Armes every yeare at such Rates as your Officers please and lay by their owne at your owne Officers rates and your Merchants that traffique onely in your Majesties Ships not in their owne at your owne Officers rates there being the same reason in both But your Majesty as we suppose cannot enforce your Subjects to the one to hire your Horses Armes or Ships to trayne or trade with therefore not to the other Fiftly that they cannot be compelled to contribute money to set out forty seven Ships as they did the last yeare and yet but twenty seven and some of them of lesse burden then limited in the Writts to be set out by your Officers and so scarce halfe the pretended number imployed and not that money collected disbursed in that pretended service Sixtly that they cannot be enforced to provide forty forty five fifty shot round of Powder and Bullets for every Piece in the Ship now there is a generall peace and no likelihood of Sea-fights when fifteene twenty or twenty five at most round is sufficient and no more was allotted in eighty eight when the Spanish Fleet came against us and was of purpose as may seeme to put them to double charge Seaventhly that they cannot be enforced to pay for new Rigging Cables Anchors Carriages Powder and Shot Matches Pikes Muskets that every yeare when little or nothing at all of that provision provided and payd for by them the first and last yeare both is spent but onely victualls and wages and all the other provision at the end of the service taken into your Majesties store-house and so to buy their owne Powder when the twenty seaven Ships were set out and thereby at the first gained foure pence in every pound of Powder when they were so set out all which were taken into your Majesties store-houses at their returne but what was vainely shot and spent away the last yeare and bought againe afresh amounts to sixteene pence cleere gaine in every pound and if this third yeare were brought over againe as it is likely according to a new estimate will be two shillings foure pence cleere gaine in every pound the like doubled and trebled againe will be now and every subsequent yeare if this Tax proceed upon Powder Shot and Match Carriages and so forth and all such victualls the onely provision that is spent the most part of the rest returning which if your Subjects found and provided at the best rate and tooke againe into your owne stores upon the Ships returne one quarter of that
Composition not having a Ship thereabouts to secure those Coasts but two onely in the Irish Seas in the view of which some of your subjects Ships were taken and yet not one Pirate taken or brought in by them though they did so much mischiefe and tooke so many of your Subjects prisoners to their undoing Seventhly the generall feare and jealousie which your poore Subjects have of an intention of your great Officers to the Crowne and the ayding of the Seas a meere pretence to levie and collect it which jealousie is grounded on these particulars First the continuance of the annuall Tax for three yeares together now in times of peace Secondly the sending out of twenty seaven Ships the last yeare by your Officers when money was levied for forty seaven and the levie of money for forty seaven Ships this yeare againe when not above twenty seaven are to be set out this yeare againe for ought we heare of so many if any be collected for these twentie Ships more than are set out in the beginning of this project they feare worse consequence in the sequell Thirdly your Officers mis-informing your Subjects to buy their owne Powder Match and Shot Cording Stores and other provisions afresh the last yeare and this with your full pay the first yeare and then taken into your Majesties store at the first and last returne and reteining the estimate as high the last yeare and that as at first when as any third part of the first estimate of the old store and other things considered would defray the Charge Fourthly your Officers having turned Tunnage and Poundage which is onely abundantly sufficient to defend the Seas withall into a meere Annuall revenue and laying the whole charge of guarding the Seas upon your Subjects notwithstanding Now if the Tunnage and Poundage to guard the Seas withall be already turned by them into a meere annuall revenue they feare these also will be so the moity of the money collected being not disbursed for the defence of the Sea for which it is intended Fiftly the speeches and mutterings of some of your Officers who stile it a duty and project thereby to improve your Majesties revenues and for the greatest part of the moneys they make it so Sixtly the stopping of some legall proceedings by Replevies or Habeas corpus to bring the rightfulnesse or lawfulnesse of the Tax to a faire just and speedy tryall and decision It ever being formerly adjudged contrary unto Magna Charta 129. 2. E. 3. cap. 8. 18. E. 3. Stat. 3. 20. Eliz. cap. 9. and the Judges Oath Seaventhly the levying this as a present supply by some of your great Officers under colour for guarding the Seas of purpose to keepe off a Parliament wherein our particulars may be heard and redressed and these Officers who have abused your Majesties trust reposed in them oppressed your people and violated the just rights and liberties condignly questioned Eightly the diverse Corporations of Le. F. P. together with the Clergie men Exchequer men Church lands auncient Demeasnes excepted from Dangilt and all Taxes and Tallages by prescription or penall Charters confirmed by Parliament and many that have been priviledged from paying of Subsidies now burthened with this Tax contrary to these Charters of exemption which severall grievances we most humbly submit to your Majesties most wise and gracious Consideration Ninthly Admit your Majestie might by your royall Prerogative Impose the Tax yet the manifold inconveniences ensuing thereupon both for the present and future which we shall here likewise in all humilitie represent to your Majesties royall wisdome may justly induce your Highnes to free us from this mischievous burthen For first it causeth a generall decay of trading both by impairing most of the currant money of England the meanes of trading or by breaking and undoing or casting many poore tradesmen and those so far behind hand in the world that they cannot recover themselves againe Secondly it causeth many Farmers in the Countrey to breake or hide their heads or to give over their Farmes and makes every where such a multitude of poore that in a short time the rich will not bee able to relieve them Thirdly it procureth a great decrease and abatement in the Rent and prices of Land and enhaunceth all other kinde of common duties and provisions to such an extraordinary rate as the poore will not be able to live and subsist nor the rich to keepe hospitalitie and traine up their children to learning and services of Armes to secure your Majestie and Countrey if this Tax should continue Fourthly it stops the current of the Common Law of the Realme by disabling men to prosecute their just suits and to recover their rights for want of meanes which will breed much opposition and confusion if not prevented Fiftly it much discontents the minds and dejects the spirits and slackens the industry of most of your Subjects and causeth many to leave the Kingdome and to give over trading Sixtly it so exhausts your Subjects purses now in the time of peace that they will not be able though willing to supply your Majesty in time of warre and upon other needfull important and necessary occasions things considerable lest that which the History of Great Britaine H. 7. 44. sect. 197. as Speed writes of Dangilt prove true of this Tax Likewise that it empties the Land of all Coine the Kingdome of all their Ships Nobles of all their Carriage the Commons of their Goods and the Soveraigne of his wonted respect and reverence and observance Seventhly it makes our neighbour Princes jealous of us moveth them to fortifie themselves extraordinarily at Sea more then otherwise they would have done and to call in the Turkes to annoy and infest us Eightly it much hinders traffique of Merchandize and our Fishing by imploying diverse of our ablest Ships Masters Pilots Marriners and Fishermen for this service who otherwise should and would have been imployed in Merchants voyages and fishings Ninthly it is like to bring in great insupportable burthens and an annuall and constant pay of above three if not foure Subsidies a yeare upon your Subjects and so breed a dangerous president for posterity if not now released or withstood For though commonly one swallow maketh not a summer yet as Mat. Paris Hist. Angl. 822. 625. Si nunc itcrum fieret timeri posset non immerito ne ad consequentiam traheretur Binus enim actus inducit consuerudinem Eo ipso reststendum est quod Franci contribuerunt Binus enim actus inducit consuetudinem A double and treble payment without opposition will introduce a Custome and prescription be the Taxes never so unjust and unreasonable as the Prelates and Clergie themselves could joyntly conclude in Henry the thirds time in the Case of Taxes These most Gracious Soveraigne are the grounds and reasons wee humbly represent to your sacred Majesty against the Tax of Ship-money set on foote as we have just Cause to suspect by such who ayme
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.