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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

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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
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