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
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
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
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
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 moneth for the hire of your Ships when as they can hire other Ships for foure or five shillings the Tunne a moneth 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 damage 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 onely 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 onely on Land the other with Ships on the Sea onely 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 the 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 onely 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 president 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 in 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 onely 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
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 onely 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. Ninthly 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 onely 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 being onely 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 and 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 the 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 * 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 and 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 A List of Ships with their Charge Ships Tunnes Men Money BArkshire 1 400 160 4000 Bedfordshire 1 400 120 3000 Bristoll 1 200 80 2000 Buckingamshire 1 450 180 4500 Cambridgeshire 1 350 140 3500 Cheshire 1 350 140 3500 Cornwall 1 650 260 6500 Cumb. and Westm. 1 100 40 1000 Darbyshire 1 350 40 3500 Devonshire 1 900 360 9000 Durham 1 200 80 2000 Dorsetshire 1 550 220 5000 Essex 1 800 320 8000 Glocestershire 1 550 220 5500 Hampshire 1 600 260 6000 Huntingtonshire 1 200 80 2000 Herefordshire 1 400 160 4000 Kent 1 800 320 8000 Lancashire 1 350 140 3500 Lestershire 1 450 180 4500 Lincolnshire 1 800 320 8000 London 2 each 800 320 16000 Middlesex 1 550 220 5500 Munmoth 1 150 60 1500 Norfolke 1 800 320 8000 Northumberland 1 500 200 5000 Northampton 1 600 240 6000 North Wales 1 400 160 4000 Nottingham 1 350 140 3500 Oxford 1 350 140 3500 Rutland 1 100 40 1000 Salop 1 450 180 4500 South Wales 1 490 200 4900 Stafford 1 200 80 2000 Suffolke 1 800 320 8000 Somerset 1 800 320 8000 Surrey 1 400 160 4000 Sussex 1 500 200 5000 Warwicke 1 400 160 4000 Wiltshire 1 700 129 7000 Worcestershire 1 400 161 4000 Yorkshire 2 600 240 12000 Ships Tunnes Men Money Summe 45. 20450. 98030. 228500. FINIS * Note well these fitting Epithetes