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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

AN HVMBLE REMONSTRANCE TO HIS MAIESTY AGAINST THE TAX Of Ship-money imposed laying open the illegalitie abuse and inconvenience thereof Printed Anno 1641. AN HVMBLE REMONSTRANCE TO HIS MAIESTY AGAINST THE TAX Of Ship-money imposed laying open the illegalitie abuse and inconvenience thereof MOST Gracious and dread Soveraigne wee your poore and loyall Subjects of this your Realme of England now grieved and oppressed with the late Taxes imposed upon us for setting out of diverse Ships for guarding of the narrow Seas without a common assent thereunto had in Parliament doe here in all dutie prostrate our selves and this our Remonstrance against the said Taxes at your Highnes feete beseeching your Majesty of your Royall Justice and clemency to take the same into your Gracious and most just consideration and thereupon to release us your poore Subjects from the intolerable burthen and grievance under which we groane and languish And here first of all wee most humbly represent to your most excellent Majesty that the Tax of Ship-money is directly contrary to the fundamentall Lawes of this your Realme of England which your Majesty both in point of Justice and Honour is obliged inviolably to preserve according to the Oath made to God and your subjects at your Coronation and your faithfull printed royall Protestations since both in your Answer to the Petition of Right in the third yeare of your Highnesse Reigne in your royall speech in Parliament printed then with your Command and your Declaration to all your loving Subjects of the Causes which moved your Majesty to dissolve the last Parliament made and published by your speciall Command likewise by 22. 23. 42. 43. 44. in all which your Majesty to all your subjects Comfort have made their severall Declarations of your royall pleasure in these your most royall words The King willeth that Right be done according to the Lawes and Customes of the Realme and that the Statutes recited in the Petition of Right be put in execution that his subjects may have no cause of Complaint of any wrong or oppression contrary to their just rights and liberties to the preservation whereof he holds himselfe in Conscience obliged aswell as of his Prerogative Let right be done as is desired and I assure you that my Maxime is That the peoples liberties strengthens the Kings Prerogative and the Kings Prerogative is to defend the peoples liberties I doe here declare that those things that have been done whereby men had some cause to suspect the libertie of the Subject to be trenched upon shall not hereafter be drawne into example for your prejudice and for the time to come in the word of a King you shall not have the like cause to Complaine We were not unmindfull of the preservation of the just and ancient liberties of our Subjects which we secured to them by our just and gracious Answer to the Petition in Parliament having not since done any Act whereby to infringe them but our Care is and hereafter shall be to keep them intire and inviolable as we would doe our own Right and Soveraigntie We also declare that we will maintaine the ancient and just Rights and Liberties of our Subjects with so much constancy and Justice that they shall have cause to acknowledge that under our government and gracious protection they live in a more happy and free estate than any Subjects in the Christian world If then we shall make it appeare to your Majesty that the Tax is against the Lawes of the Realme and the just and ancient Rights and Liberties of your Subjects we doubt not but your Majesty out of your Royall Justice and Goodnesse will be most Graciously pleased to exonerate us thereof and never to draw it into example any more That it is against the fundamentall Lawes just Rights and ancient Liberties of your people we shall make it appeare by these particulars First we conceive it is against sundry Statutes of this Realme First the Statute of Magna Charta cap. 29. 39. ratified in Parliament 5. E. 3. cap. 9. 25. E. 3. cap. 18. 42. Ed. 3. cap. 3. and to the late Petition of Right in the third yeare of your Majesties Reigne who enacts that no Freeman shall be taken or imprisoned or disseized from the Free-hold or libertie or free Customes to them or to be outlawed or exiled or otherwise destroyed or pressed upon nor dealt with but by the Law of the Land and by the lawfull Judgement of the Peeres but diverse of your poore Subjects by vertue and authoritie of Writs for Ship-money have been taken and imprisoned by your Officers their Goods and Chattells seized distreined and sould to their great damage and destruction without any lawfull Judgement first given against them and before the right and title of the Tax hath been lawfully heard and decided against the very tenour of the Statute Secondly against the Stat. of 25. Ed. 1. de tallagio non concedendo 14. Ed. 3. 2. cap. 1. 25. Ed. 3. Rich. 2. cap. 9. 1. Rich. 3. cap. 2. and the late Petition of Right certified by your Majesty which enacts that no Tallage shall be laid or levied by the King or his heires without the good will and consent of the Archbishops Bishops Earles Barons Knights Burgesses and other Freemen of the Comonalty of the Realm By vertue of which Statute your Subjects have Inherited this freedome that they should not be compelled to contribute to any Tallage Tax Ayd or other charge not set by Common consent in Parliament as is recited by the same Petition Therefore not with this Tax of Ship-money not setled but being against the severall Acts against all the Acts of Tunnage Poundage and other subsidies which have been from time to time in all your royall Progenitors Reignes granted them either for yeares or for tearme of their naturall lives as a certaine Tax and Subsidie for the safety and defence of your Seas against enemies and Pirats and as a free voluntary Graunt because themselves by your royall Prerogative had no power to impose it upon the subjects some few of which Acts we shall here recite 14. E. 3. Stat. 1. cap. 20. Stat. 2. cap. 1. The Prelates Earles Barons and Commons in Parliament granted the King the ninth Lambes fleece fifteenth sheafe ninth part of all Goods and Chattells in Burroughes for two yeares space then next ensuing to be taken and levied by full and reasonable Tax for the same two yeares in ayd of the good keeping of the Realme aswell by Land as by Sea and of his warres aswell against the parts of Scotland France c. and elsewhere with promise that the Graunt so chargeable shall not another time be brought for an example nor fall to their prejudice in time to come 5. Rich. 2. per Stat. 2. cap. 3. a subsidie of two shillings on every Tun of Wine and six pence in the pound of every Merchandize els imported some few excepted was graunted to the King by Parliament

him odious and harefull to those that desired him for their King before Florentinus Wigorniensis Anno 1040. adds that it was such a tribute that scarce any man could pay it quapropter ab iis qui prius adventum ejus desider abant magnopere factus est exosus summopere memorabile importabile quod cum ciuibus extincti sunt and such a grievous insupportable Tax as that was then reported imposed by noe hereditary Prince but a forraine Danish Tyrant who dyed in drinke amidst his cups very shortly after as all our Historians Record be made or deemed a just and lawfull president for your Majesty row to follow God forbid Thirdly wee answer that all these presidents were before the government of the Kingdome was setled before any Charter or other Statutes against Taxes and tallages loanes aydes and benevolences without common consent in Parliament enacted before Tonnage and poundage granted therefore insufficient to this present cause Fourthly neither of the presidents was ever adjudged lawfull against the subjects and therefore not binding poore pr. 3. 93. Slades case Cook 6. 75. and they are very ancient Fifthly all these were during the time of Dangelt and involved in it what there we answer to that of Dangelt is applyable to all and each of these and that making cleere nothing for this taxe as we have manifested these presidents must doe the like The chiefe and most pertinent of all other since that of Dangelt is that of King Iohn 1213. who being injuriously deprived of his crowne and Kingdome at Rome by the Pope at the earnest solicitation of that arch Traytor Stephen Langton Archbishop of Canterbury William Bishop of London and the Bishop of Ely these Prelates departing from Rome went into France and there conspired with the Bishops and King Philip of France against their owne Soveraigne they then solemnly published the deposition and sentence of the Pope given against him at Rome and then in the behalfe of the Pope they enjoyned aswell the King of France as all other men as would obtaine remission of sinnes that uniting themselves together they would all goe into England in an hostile manner and depose King John of his Crowne and Kingdome and substitute another worthy man in his stead by the papisticall authority when as the Apostles never deposed any Princes of their Crowne and Kingdome but commanded all to feare and submit to them Rom. 13. 12. 1 Tim. 13. 12. 1 Pet. 2. 13. Hereupon the King of France prepared a very strong and great Army and Navie to invade England both by Sea and Land to depose King John and to get the Crowne of England to himselfe King John having perfect intelligence of all these things in the moneth of March commanded ships excellently furnished to come together out of all the parts of England that so he might with strong hand resist boldly those that intended to invade England he likewise raised gathered together a very great Army out of all England and Ireland and the places adjoyning that Mat. Westm. 1213. pa. 90. relates the story Mat. Paris addes this unto that the King in the Moneth of March caused all the ships out of the Ports of England to be in readinesse by his Writ which he directed to all the Bayliffes of the Ports in these words Johannes Rex Angliae c. praecipimus tibi quatenus visis istis literis eas in propria persona vna cum balivis portuum ad singulos portus balliva tua facias diligenter numerare equos aut plures praecipuos ex parte vestra Magistri omnium naviu illorum quorum naves sunt quot sunt suos naves suas omnia sua diligenter habea●●t illas apud Pert●●osum in media quadra gessis be●●e ordinat bonis probis marinellis bene armatis qui ituri sunt in servitium nostrum ad liberationes nostras tum habeas ibi memoriter distincte in breviate fere post quorum nomina in singulis partibus inveneris quorum ipsi sunt quot equos quilibet ferre potest hunc facias nobis scire quot quae naves iis fuerunt in partibus suis die dominico primo post cineres sicut praecipimus habeas ibi hoc breve teste meipso apud novum templum tertio die Martii These things thus done concerning ships the King sent other letters to all the Sheriffes of this Kingdome in this forme Johannes Rex Angliae c. Summoniens per bonos summonitores Barones milites omnes liberos homines servientes vel quicunque sunt vel quocumque tendunt qui arma debent habere vel arma habere possunt qui homagium nobis vel ligantium fecerunt quod sicut nos semetipsos omni sua diligunt sint apud Doveram Instant clausam paschae bene parati cum equis armis cum toto posse suo ad defendendum Caput nostrum capita sua terram Angliae quod nullus remaneat qui arma portare poterit sub nomine Culvertugii perpetuae servitutis ut illi veniant ad capiendos solidos nostros habend victualia omnia mercata balroarium mare venire facias ut sequantur exercitum nostris hominibus belli Ita quod mille mercarum de Ballivis alibi teneatur alit tuipse tum sis ibi cum predictis summonitoribus scias quod scire volumus quomodo venerunt qui non videas quod te est formale venias cum equis armis hoc ita exequeris ne inde certificandum ad corpus tuum nos capere debeamus inde habeas rotulum tuum ad nos certificand quis remanesrit These two Writs therefore being divulged throughout England there came together to the Sea coasts in divers places where the King most suspected to wit at Dover Feverisham and Ipswich men of different condition and age fearing nothing more then that report of Culvertage but when after a few dayes there wanted victuals for so great a multitude the chiefe Commanders of the Warres sent home a great company of the unarmed vulgar retaining onely the Knights their servants and free-men with the slingers and Archers neere the Sea Coast moreover John Bishop of Norwich came out of Ireland with 500 souldiers and many horsemen to the King and were joyfully received of him All therefore being assembled to the battle and mustered at Bark Downes there were amongst selected souldiers and servants strong and well armed 60000. valiant men who if they all had one heart and one mind towards the King of England and defence of their Country there had not bin a Prince under heaven against whom the King of England might not have defended himselfe safe Moreover if the King of England resolved to joyne in battell at Sea with the Adversaries that they might drowne

them in the Sea before they could land for he had a greater Navie then then the King of France whence hee conceived greatest security of resisting the Enemies thus Mat. Westm. Paris History of England Anno 12 13. pag. 224. 225. whose words we have related at large to cleere and take off the edge of this Prime president in answering which since all things will be cleered from these Writs to presse and provide ships your Majesties Officers would inferre the lawfulnesse of these Writs for ships ship-money now But under correction we humbly conceive that this president makes much against and nothing at all for these Writs and taxes which now issue forth for First it was before Magna Charta the taxes and Tallages the Petition of Right or any Subsidie Tonnage or poundage to guard the Sea the statutes are against them Secondly it was onely directly in Port-townes that had ships not to Countries and places that had no ships as the Writs are now Thirdly it was to the Masters and Owners of ships not to any other persons who being exempted from all Land-service were to serve the King and Kingdome at this pinch and extreamity at Sea but these Writs reach to all aswell those that have no ships as others Fourthly it was onely to furnish out their owne ships not to contribute money to hire the Kings ships or others or to build new of other or greater Burthens thē these that had bin These Writs now are contrary to this in all these respects at least in the intention and execution Fifthly here was no leavying of money to be paid to King John his Executors or Officers hands to provide or hire ships as now but every man was left to furnish his owne ships at his best rates with his owne provision and Marriners this quite otherwise Sixthly though the Marriners and Owners of the ships were by this Writ to furnish ships at their owne proper costs yet when they were thus furnished the King was to pay them both wages hire and freight as his successors ever had done since when they pressed any of your subjects ships or Carts for Warre or Carriage these were the words Iterum in servitium nostrum ad liberationes nostras which imply a Constancie as in all like Cases yea of your Majesty who now pay wages and freight for all the Mariners and Marchants ships your presse resolves as much therefore this makes nothing at all for this enforceing the subjects to set out ships to guard the Seas to serve your Majesty at your owne proper costs and charges but point blanke against it Seventhly this president makes it evident that those who are bound by their Teunres Lands and Lawes of the Kingdome to serve the King and defend the Kingdome by Land as all the horses foote Train'd Bands and Companies throughout England neither have bin ought to be charged with any Sea-services for heere all the Land men are charged to serve the King and defend the Kingdome by Land and these Sea-men onely by Sea neither of them enforced to serve or contribute to any service or defence both by Sea and Land for that had bin double and unreasonable charge therefore now who are charged with Land-service by these very presidents related ought not to be taxed towards the setting out of ships but Sea-men onely are to gùard the seas with such ships as they have and no other vpon your Majesties pay therefore these Writs which charge Land-men to contribute to the setting out of ships are directly against these Presidents and the Lawes and practice of these Lawes Eightly These Land men that were not bound by their Tenures and Lands to fine and yet were able to beare Armes were to receive the Kings pay and not to serve gratis even in this necessary defence of the Kingdome as these words ad capiendum solidos nostros resolve therefore certainly Mariners in those ships received the Kings pay too and the owners freight as now they doe from your Majesty and so the King not the Subjects bare the charge of the shipping then and if so in that time and age before Tonnage and poundage then your Majesty ought much more now to doe it since Tonnage and poundage is taken for that purpose Ninthly this Writ was in an extraordinary cause upon an extraordinary Exigent and occasion The King was heere deprived of his Crowne and Kingdome most unjustly by the Pope and the instigation of these treacherous Prelates and both of them given to King Philip of France a strong Army both by Sea and Land was ready to invade this Land yea to take possession of his Crowne and Kingdome this extraordinary suddaine Exigent put the Kingdome to these two extremities of those Writs there being therefore blessed be GOD no such extraordinary occasion as then this President being extraordinary is nothing pertinent to the Writs now in question nor any proofe at all of the lawfulnesse of this Taxe Tenthly it was in a time of open and eminent Warre and danger onely upon invasion ready to be made upon the Realme by a forraine Prince and Enemy both by Sea and Land therefore no proofe of the lawfulnesse of the present Writs and Taxes in time of peace For instance First Marshall Law may be executed and exercised by your Majesties Commission and Prerogative in time of Warre but not in peace as was lately resolved by your Majesty and the whole Parliament in the Petition of Right Secondly the Kings of England in times of open Warre might compell trained souldiers and others out of their owne Counties to the Sea coast or other parts for the necessary defence of the Realme but this they cannot doe in time of Peace 1. E. 3. 4. 5. Parliament M. Ca. 3. Thirdly the Kings of England in time of forraine Warres might by their Prerogative Royall seize the Land of all Priors Aliens when they were extant in England but that they could not doe in times of Peace 27. Asss. 48. 38. Asss. 20. pag. 27. Asss. lib. 3. 2. Cap. 8. Ed. 3. 38. 27. E. 3. 16. 40. E. 3. 10. 14. H. 4. 36. 22. E. 3. 43. 21. H. 4. 11. 12. Fourthly that the Kings of England when they had defensive Warres with Scotland they might lawfully demand receive and take Escuage of their subjects and so did other Lords of their Tenants but in times of peace they neither did nor could doe otherwise Lit. Sect. 199. 95. 98. 100. 101. 102. Fifthly the Dangelt there granted at first by common consent of the people in PARLIAMENT was due onely in the time of Warre and not of peace as appeares by the Premisses Sixthly subsidies and aides in former times were not demanded by KINGS nor granted in Parliament by the subjects but in time of Warre or to defray the debts of the Prince contracted by the Warres 14 E. 3. Ca 21. 15. E. 3. Ca. 12. 3. stat 2. stat 3. Ca. 1. 25. E. 3. stat 7. 11. H. 4. Ca. 10.