Against the Tax of Ship Money, Title page

Against the Tax of Ship Money · Title page

AN HVMBLE REMONSTRANCE TO HIS MAIESTY, AGAINST THE TAX Of Ship-money impoſed, laying open the illegalitie, abuſe, and inconvenience thereof.

Printed Anno 1641.

p. 1AN 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 p. 2Juſtice 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 p. 3obliged 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 p. 4us 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, p. 5Knights, 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 p. 6two ſhillings on every Tun of Wine, and ſix pence in the pound of every Merchandize els imported (ſome few excepted) was graunted to the King by Parliament for two yeares, during which time the Marriners of the Weſt proffered the Parliament to make an Army on the Sea: Provided alwaies that the money thereof comming be wholly imployed for the keeping of the Sea, and no part elſwhere; the receivers and keepers whereof were appointed likewiſe, that the people keeping of the Sea Armie, ſhall have all the lawfull prizes ſhared among them,; And that the Admirall and others of the ſaid Army ſhould giuegive 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 p. 7the 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 p. 8Tax 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 onelyonly 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 p. 9and 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 p. 10would 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 Shipmoney 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 onelyonly, 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. p. 11N. 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 p. 12common 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 p. 13bodies, 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 onelyonly 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, p. 14that 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 p. 15private 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 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 p. 16time, 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.

p. 17Secondly, 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 p. 18Poundage 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, onelyonly 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 p. 19there 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 onelyonly 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 onelyonly proviſion that is ſpent, the moſt part of the reſt returning, which if your Subjects found and p. 20provided at the beſt rate, and tooke againe into your owne ſtores upon the Ships returne one quarter of that 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 monethmonth, for the hire of your Ships, when as they can hire other Ships for foure or five ſhillings the Tunne a monethmonth, 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 p. 21damage 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 onelyonly 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 onelyonly on Land, the other with Ships on the Sea onelyonly: 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 p. 22the 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 onelyonly 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 p. 23preſident 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, p. 24in 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 onelyonly, 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 Compoſition, not having a Ship thereabouts to p. 25ſecure thoſe Coaſts, but two onelyonly 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 p. 26that 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 onelyonly 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 p. 27keepe 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.

p. 28Secondly, 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, p. 29leſt 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 p. 30payment 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 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 p. 31the 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 onelyonly 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 onelyonly 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 onelyonly 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.

p. 32Sixtly, 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. p. 33Spilman 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 p. 34of 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 p. 35innocentium 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 p. 36Confeſſors 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, p. 37with 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 onelyonly 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 p. 38Hoveden 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 onelyonly 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.

p. 39Fourthly, by Sir Henry Spilman in his authorized Gloſſary, 1626. title Dangelt, pa. 2009. 201 M^r. 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 onelyonly 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 onelyonly 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, onelyonly 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 Exche que lib. 1. cap 11. which addes moreover, that when the land had the taxe being vnderunder W^m. the p. 40Conquerour, 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 onelyonly in time of forraigne Warres, not in dayes of peace, we have neither open Warre nor any opinion nor eminent feare of Warres with any enemy, or forraigne danger, but a direct preſident againſt it, we being now in peace with all our neighbours,

Thirdly, the Dangelt though granted by Parliament, when it begun to be uſurped as an annuall duty by the Kings of England, and that in times of peace, as well as Warre, was complained of as an inſufferable Grievance, and thereupon formerly releaſed to the ſubject by foure ſeverall Kings: Firſt by that good and gracious King, Edward the Confeſſor, of W. Ingulphus our ancient Hiſtorian, pa. 897. which Mr. Selden in his Mare clauſum, and Sir Henry Spilman in his Gloſſarium title Dangelt out of him writes this, Anno 1051. when the Earth yeelds not her fruits p. 41after her accuſtomed fertilitie, but devoured divers of her Inhabitants with Famine, Inſomuch that many thouſands of men dyed for want of Bread, the moſt pious King Edward the Confeſſour moved with pity towards his people Tributum graviſs. the Dangelt dict, or by Angl. imperpetuum relaxavit, for ever releaſed to England the moſt grievous taxe called Dangelt; ſome adde and report, that when his Lord Chamberlaine had brought the Dangelt then collected into his Bed-chamber, and carried him in thither to ſee ſo great a heape of Treaſure, the King was agaſt at the very ſight of it, proteſting that hee ſaw a Divell dance vponupon the great pile of money, and tryumphing with overmuch Joy; whereupon hee preſently commanded it to be reſtored to the firſt Owners, Ex tam fera exactions iſta ne unum volint ritinere.

An excellent precedent both of Juſtice and Charity for your Majeſtie now to imitate in theſe dayes of Plague and penury, qui enim in perpetuum remiſit; To wit, in the 28 yeare from that time that Swanus King of the Danes commanded it yearely to bee payed to his Army. In the time of King Ethelbert his Father, Matthew Weſtmonaſter. 105 Polycronicon. lib. 6. cap. 24. Fabian in his Chronicle, pag. 150. and Speed in his Hiſtory of Great Brittaine, Liber 8. cap. 6. ſect. 7. pag. 410. with p. 42others record, that Edw. the Confeſſor diſcharged Engliſhmen of the great and heavy tribute called Dangelt, which his Father Ethelbert had made them to pay to the ſouldiers of Denmark, ſo that after that day, ſaith Fabian, it was no more gathered.

This good King releaſing it to all England as a moſt cruell and heavy taxation, and reſtoring that mony collected by it, to his eternall Honor, we hope his Majeſties gracious Succeſſor can or will alter that which hath beene diſcontinued 600 yeares and upwards, & can renue it by your prerogative as a lawfull duty, but rather for ever to remit it, and reſtore the money collected as he did.

Secondly, it was releaſed by W^m the Conqueror from requiring it, there was the like tax for a time impoſing a taxe of 6s. on every Hide of land toward the payment of his ſouldiers as a Conquerour, cauſed rebellion againſt him in the Weſtern parts, polycronicon lib. 7. cap. 3. Fab. 7. lib. cap. 119 220 pag. 300 308. did at the laſt releaſe this taxe of Dangelt but onelyonly in time of warre, as appeareth by the black booke in the Exchequer formerly cared, which writes thus: Ipſe nam que regnat tam diu quam terrae mariſ que predones hoſtiles cohibet incurſus, Cum ergo dominus ſolviſſet terre ſub ejuſdem Regis Imperio noluit hoc eſſe ann… quod ſolv. fuerit urgente neceſſitate bellicis tempeſtatibus exactum nec tamen annuum non propter Inopinatos caſus, dimitti ratione igitur p. 43temporibus ejus, or rather never for ought appeares by our Chronicles and Records, vel ſucceſſorib. ipſius ſolutum eſt, hoc eſt cum exteris gentibus bella vel opiniones bellorum inſurgebant: This Conqueror therefore releaſing the annuall payment of it in time of peace, as unjuſt and unreaſonable and againſt the primitive inſtitution of it, and demanding it onelyonly in time of warre, your Majeſty comming to the Crown by lawfull ſucceſſion and Inheritance, not by an abſolute conqueſt as he, ought much more to releaſe, and by no meanes to demand any ſuch taxe in times of peace.

Thirdly, it was releaſed by King Hen. 1. who as in the beginning of his raigne Spilmans Gloſſary, pag. 200 201. exempted the Charter of London, and all Knights by his great Charter from Dangelt, to wit 12^d out of every hide land, or other land, which taxe it ſeemes by his lawes, cap. 16. was granted to him in Parliament, ſo hee made a vow he would releaſe the Danes tribute, Polycronicon lib. 7. cap. 17. Spilmans Gloſſary, pa. 200. 201. & it ſeems he was as good or better thē his word; for Fab. pag. 7. cap. 239. pa. 327. and 4th ſtory that he releaſes vntounto Engliſhmen the Dangelt that was by his Father removed, to wit, by a grant in Parliament, as appeares by Edw. the Confeſſors lawes, cap. 12. the lawes of H. 1. ſtat. cap. 16. Hovedens annuall parte poſteriori, pa. 603. Spil. Gloſſary, pa. 200 201. and he releaſed it, then alſo we hope your Majeſty cannot in Juſtice renue it or the like taxe now.

p. 44Fourthly, it was releaſed by King Stephen both at his Coronation, and a Parliament held at Oxford; for Polycronicon. lib. 7. cap. 18. fol. 283. Fab. part 7. cap. 232. 233. Hovedens annum parte priore, Pag. 482. pag. 4. Spilman, pag. 28. records, That when King Stephen was Crowned he ſwore before the Lords at Oxford, that he would forgive Dangelt as King Henry before him had done, and that Anno 1136. hee comming to Oxford confirmed the Covenant which hee had made to GOD, the people, and holy Church in the day of his Coronation, the laſt clauſe whereof vvas this; that Dangelt, Idest duos ſolidos quos anteceſſores ſui accipere ſoliti ſunt in Aeternum condonoret, this hee would for ever, that is two ſhillings of every Hide land which his Anceſtors were accuſtomed to receive, and though Hoveden lay the brand of Perjurie on him. Hac principaliter Deo venit & alia ſed nihil horum ſervavit; Yet we neither finde nor reade in our Record or Chronicles, that this taxe of Dangelt or any of the like nature was ever impoſed ſince that time by him or any of his Succeſſors, but by the advice of the Great men of the Realme, Et Parliamenti authoritate, for ſo that homo antiquar. Sir Henry Spilman concludes in his Gloſſe, pag. 201.

Being thus for ever releaſed as an intolerable Grievance and exaction by theſe foure ſeverall Kings, and diſcontinued full 500 yeares and p. 45not revived. Wee humbly conceive that theſe antiquated and ſo often ſo anciently releaſed exactions, or any of the like nature ought not nor cannot either in point of Honour, Law, or Juſtice be revived, or impoſed on Us by your Majeſty now, and that this Taxe is ſucceſſefully releaſed as a Grievance though at firſt granted by Parliament, can be no preſident to prove the lawfulneſſe of this preſent 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 onelyonly 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 Shipmoney 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.

p. 46Thirdly, 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 onelyonly charged vponupon 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 vntounto 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 p. 47Enemies 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 vnumquem que 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 onelyonly 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 onelyonly 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 p. 48impoſe 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 onelyonly, 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 onelyonly at the charge of the building of the ſhips, the King for the Ʋictuals, 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 onelyonly 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.

p. 49Secondly, 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 onelyonly 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 onelyonly lands, and all were ruled by the land they held, therfore this extēds not to juſtifie p. 50the 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 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 p. 51granted, 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, p. 52when 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 monethmonth 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 MonethMonth of March, cauſed all the ſhips out of the Ports of England to be in readineſſe, by his Writ which he directed to all the Bayliffes of the Ports in theſe words.

Johannes Rex Angliae, &c. praecipimus tibi quatenus viſis iſtis literis eas in propria perſona vna cum balivis portuum ad ſingulos portus, & balliva tua, & facias diligenter numerare equos aut plures & praecipuos ex parte veſtra, Magiſtri omnium naviu illorum quorum naves ſunt quot ſunt, ſuos & naves ſuas & omnia ſua diligenter habea…t illas apud Pert…oſum in media quadra geſsis be…e ordinat. bonis & probis marinellis & bene armatis p. 53qui 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 quicun que 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 p. 54& 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 onelyonly 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 them in the Sea before they could land; for he had a greater Navie then, then the King of France, whence hee conceived p. 55greateſt 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 onelyonly 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 p. 56at Sea, but theſe Writs reach to all, aſwell thoſe that have no ſhips as others.

Fourthly, it was onelyonly 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 p. 57ſhips, 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 onelyonly 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 onelyonly are to gùard the ſeas with ſuch ſhips as they have, and no other, vponupon 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 p. 58to 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, p. 59nor any proofe at all of the lawfulneſſe of this Taxe.

Tenthly, it was in a time of open, and eminent Warre, and danger, onelyonly 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 p. 60Royall, 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 onelyonly 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, p. 61or 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. 32. H. 8. cap. 23. 37. H. 8. 1. 14. and other fore-recited Acts.

Seventhly, the Goods of their Enemies may be lawfully ſeized by the King, and his ſubjects, in time of open Warre, not in dayes of Peace. 2. R. 3. 2. 7. E. 4. 13. 44. Bro. forfeit 5. 22. Ed, 4. 45. 22. Ed. 3. 16, 17. 36. H. 8. Bro. property, 38. Ployd. 384.

Eightly, by the cuſtome of Kent, and the common Law, not onelyonly the KINGS of ENGLAND, but their Subjects too, may juſtifie their entry into another mans ground, and the making of Bulwarks and entrenchments therein of defence, or offence of the Enemy in time of Warre, which they cannot doe in time of Peace. 8. Ed. 4. 73. Bro. Cuſtome 45. and treſpaſse 406.

p. 62Ninthly, in times of Warre, men may juſtifie the pulling downe of Houſes, and Suburbs adjoyning to a Fort, or City, for their better defence and ſafety, but they cannot doe it in time of Peace. 14. H. 8. 16. Bro. treſpaſſe. 406.

Tenthly, Your Majeſties Royall Progenitors, might appoint Marchants and others, in time of Warres for your Armies, and Forts, without Commiſſion, not onelyonly in time of peace. 14. E. 3. 2. 19.

And ſo might Lords and Knights give Liveries in time of Warre, but not in peace. 17. H. 4. Ca. 14. 8. H. 6. Ca. 4. 1. H. 4. Ca. 7. by theſe tenne Caſes then to omit others,

It is apparent, that there is a vaſt and infinite difference in one, and the ſelfe-ſame Act in time of Warre, and of peace, that the ſame Act may be lawfull in time of Hoſtility; yet utterly unlawfull in the dayes of peace, this Preſident is no Argument of the lawfulneſſe of this Taxe, nor any others of like nature that can be objected, p. 39being onelyonly in time of Warre to prove the taxe of Ship-money, nor yet for preſſing Ship-vales for carriage, and other ſpeciall ſervice upon hire, and your Majeſties owne wages, not at the Subjects coſts, as Carts, horſes, Loyters are now often preſſed in theſe times of Peace, but a direct Argument againſt them, as the tenne fore-cited Caſes doe evidence. For any other pretended preſident that may be alledged to prove the lawfulneſſe of this Taxe wee intend for brevities ſake here not to trouble your Majeſtie with any particular Anſwer unto them, they being all anſwered fully in theſe fore-objected, the prime and moſt pertinent that are extant, yet now, as wee have cleered them point blanke againſt thoſe Writs and Taxes for Ship-money.

Theſe, our moſt gracious Soveraigne, are the Grounds, Reaſons and Authorities on the one hand, and Replies on the other: whereupon wee humbly conceive theſe Writs and Taxes of Ship-money wherewith wee have lately beene, and yet are grievouſly burthened, to be directly contrary to the Lawes and Statutes of this your Realme, and the antient Juſt hereditary Rights and Liberties of your poore Subjects, and an intollerable Grievance and oppreſſion to us all, which wee here in all humbleneſſe ſubmit to your Highneſſe moſt juſt, p. 40and mature conſideration, not doubting but your Majeſtie, however formerly by ſome of Your great Officers miſ-informed of the legalitie of it, will now upon the ſerious view of this our humble, and dutifull Remonſtrance which wee in all Humility, together with our ſelves proſtrate at Your Royall feete, will alter Your royall Judgement of this Taxe, and conclude it to be againſt the Lawes, and our Rights and Liberties, wee almoſt aſſure our ſelves, that your Majeſties moſt Honourable privie Counſell, with the Reverend ſage Judges of the Common Law, if ſeriouſly charged on their Allegiance to your Majeſties Highneſſe without feare, or flattery what they conceive of the lawfulneſſe of thoſe Writs, and Taxes, will upon the Conſideration of theſe our Reaſons and Anſwers to theſe chiefeſt preſidents, at leaſtwiſe upon the full hearing of the Arguments of our Counſell learned in the Lawes, ready to debate it more amply, if this ſhort Remonſtrance be not ſatisfactory, with our Councell may be fairely and indifferently heard in all your Majeſties Courts of Juſtice where this Point ſhall be drawne in queſtion by us if occaſion require, truly informing Your Majeſtie, that they concurre in Judgement with us in theſe, that theſe Writs and Taxes are againſt the Lawes and Statutes of this your Realme, p. 39the ancient Rights and Liberties of us Your Subjects, which wee know and are aſſured Your moſt Gracious Majeſty will inviolably preſerve conſidering your promiſed Oath, and Regall proteſtation, notwithſtanding the miſ-information and falſe ſuggeſtion of any of Your great Officers, and Servants to the contrary; the rather, becauſe it was Your late royall Fathers Speech of bleſſed memory to all the Nobles, Commons, and people in the Parliament houſe, Anno 1609. twice Printed for an eternall monument of his Goodneſſe, and reall Juſtice by his ſpeciall Command, both by it ſelfe, and in the large Volumes of his peereleſſe Workes: That a King Governing in a ſetled Kingdome leaves to be a King, and degenerates into a Tyrant ſo ſoone as hee leaves to Rule by his Lawes; Therefore, all Kings that are not Tyrants or perjured, will be glad to bound themſelves within the limits of the Lawes, and they that perſwade them to the contrary, are **Note well theſe fitting Epithetes.Projectors, Vipers, and Peſts, both against them, and the Common-wealth.

Upon the tender Conſiderations of theſe premiſſes, we moſt humbly beſeech Your moſt Excellent Majeſtie, out of your Princely goodneſſe p. 42and Juſtice ſince by the great God of Iſrael commanded, hee that rules over men muſt, and ought to bee juſt, ruling in the feare of God, and wee all know and beleeve your Majeſty to bee ſuch a Ruler ſet upon Gods owne Throne over us your people, for that purpoſe, to doe Juſtice and Judgement to all your loyall Subjects, in all Caſes whatſoever, eſpecially ſuch as are moſt publique, and of greateſt Conſequence to your peoples woe or weale, to exonerate Us your true hearted, dutifull Subjects from theſe your Royall writs, and heavie Taxations, which wee neither can, nor dare any longer contribute to, for the premiſed Reaſons. And wee, as our Common duty ever obligeth Us, ſhall perſevere to pray for your Majeſtie long to continue a moſt juſt, and gracious Prince over us to our joynt and ſeverall comforts, and to Your owne eternall Honour, in the ſurviving monuments and Annals of your Fame.

p. 43A Liſt of Ships with their Charge.

FINIS.

End of the text · William Prynne, Against the Tax of Ship Money (1641)