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

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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