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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	act_n	king_n	parliament_n	3,039	5	6.6283	4	true

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

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

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

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