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 habeaâ—â—t illas apud Pertâ—â—osum in media quadra gessis beâ—â—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.
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 after 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 vpon 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 others 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 Wm 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 onely in time of warre as appeareth by the black booke in the Exchequer formerly cared which writes thus Ipse namque regnat tam diu quam terrae marisque predones hostiles cohibet incursus Cum ergo dominus solvisset terre sub ejusdem Regis Imperio noluit hoc esse annâ—â— quod solv fuerit urgente necessitate bellicis tempestatibus exactum nec tamen annuum non propter Inopinatos casus dimitti ratione igitur temporibus 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 onely 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 12d 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 theÌ„ his word for Fab. pag. 7. cap. 239. pa. 327. and 4th story that he releases vnto 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 Fourthly 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 not 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
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
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