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land_n penny_n pound_n shilling_n 5,001 5 11.2551 5 true
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A45252 The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred. England and Wales. Court of Exchequer.; Hutton, Richard, Sir, 1561?-1639.; Croke, George, Sir, 1560-1642.; Denham, John, Sir, 1559-1639.; Hampden, John, 1594-1643, defendant.; England and Wales. Parliament.; England and Wales. Sovereign (1625-1649 : Charles I) 1641 (1641) Wing H3842; ESTC R16237 74,278 200

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have beene shewed and insisted upon to prove that the Kings of this Realme have made such impositions even in the matter of Shipping And herein first they have insisted upon a tribute or imposition called Danegelt which was begunne in Etheldreds time which as it was said was double ad placandos Danos vel ad coercendum Danos which was very grievous and of long continuance For as it was said by my Brother Croke it was first tenne thousand pounds yearly then increased to sixteene thousand then to twenty foure thousand then to thirty six thousand yearely And from twelve pence for every hide of Land to twelve shillings for every hide of land This Tribute continued after the Danes for in the time of the Normans it became to be called a tallage or taxe King Henry the first granted to the Citizens of London to be quit and free from Danegelt And the same King about the thirtieth yeare of his raigne in redemption of his sinne did grant that Danicum Tributum should be totally released for seaven yeares as it appeares in Sr. Henry Spelmans booke intituled Glossarium fol. 200. To this I give this answer that by the Statute of 34. Edw. 1. De tallagio non concedendo but by Parliament this was taken away And thereupon insues a strong argument that if such a thing as the Danegelt which had so long continued were not taken away by these acts of Parliament it might have beene put in use For no man will maintaine that this tribute of Danegelt can now be imposed at this day by the Kings Writ under the great Seale which it might be if these Statutes had not taken it away And for this purpose in the Statutes made in the foure and thirtieth yeare of King Edw. 1. cap. 8. The King grants to Clerkes and Lay-men that they shall have their laws liberties and free customes as they have used the same at any time when they had them best And if any Statutes have beene made or any customes brought in by us or our Ancestors to the contrary that they shall be void and frustrate for evermore And concerning the generality of precedents which have beene made use of on the one side and on the other out of Membrana's Patents and Commissions and answers to petitions in the Rolls of Parliament to Petitions I am very sorry that such obsolete and ancient things have beene mentioned many of which in my judgement had beene better to have slept in silence then to have beene spoken of in these times But for a generall answer to all such as have beene shewed before the Statutes de Tallagio non concedendo And the Statute of 14. Ed. 3. may be given And that is that they are of no force being now expresly taken away by the said Statutes And to such as have been shewed since some in the time of Edward the third they are but very few and being directly contrary to the Statute then in force they are not available to prove the lawfulnesse of this Taxation besides King Edward the third acknowledged that he had charged his people with great burthens and desired that they might be forgotten And that he was urged to it by necessity and not for any ill end of his owne as appeared upon the reading thereof in Court And lastly there were many effectuall precedents shewed that for imbarging of Ships and for building of Gallies at Bristow specially set downe in number and the content and so in divers Port Townes And they are injoyned in fide quanobis tenemini et sicut honorem nostram diligitis exhereditationem nostram vitare sicut nos ipsos indempnos servare volueritis herein is a strong command and as great necessity And yet there was a Clause in these Commissions viz. Et vestrum quod ad illud posueritis cum illud sciverimus in exitibus Balivat ' allocari faciemus And in 2. Hen. 4. Parliament recites that where divers Commissions were made to divers Cities Boroughs and Towns to command the making of certaine Barges and Billingers without the assent of Parliament and in another manner then had beene done before The Commons did pray the King that the said commissions might be repealed and that they should bee of no force or effect And the King answered that the said commissions should be repealed for ever But for the great necessity of such Vessels for the defence of the Realme in case that the Wars doe come the King will commune of this matter with the Lords and after he will shew it to the Cōmons to have their consent And so I leave those precedents which together with some other Objections have beene fully answered by my brother Croke and proceed to my further point THat is that since the time of Richard the second and Henry the fourth there have beene no such thing attempted and that this disuse is a sufficient matter to prove the unlawfulnesse For since that time though there have beene in the raignes of many Kings occasion of imployments both of ships for the defence of the Sea and service of the Land yet the course and order of defence hath been by severall other waies As by commissions to provide men for to serve for wages And by Indentures of covenants which were very frequent to be made betweene the Captaine and the King that he should covenant to serve with so many men for such particular times and for such wages as were comprised therein and the precedents of moderne times have beene this way all for wages This is proved by an Indenture made in the fifteenth yeare of Edward the fourth and Sr. William Pirton Knight reciting that the King had disposed of an Army of foure thousand men for the narrow Seas and the keeping of them And that he should have constantly foure hundred sixtie men under him for foure moneths The Kings Majesty was to finde the ships furnished with Guns Powder Artillery and Victuall and that the said William Pirton should take wages for every of his Companie viz. two shillings a week and the times appointed for the payment thereof And the eight and twentieth of King Henry the eight it appeares by a letter under the privy Signet then when by command men were raised in the County of Lancaster and by command comming towards the county of Lincolne to aide the suppression of rebells The rebells having submitted before they came they were commanded to returne and for their charges in their entertainment and conveying of thē a reasonable bil should be made and sent to the King by a trusty messenger and he would cause a convenient recompence to be delivered accordingly And for that which hath beene insisted upon that there hath beene Commissions of Array and provision for Armes and for preparing Armour from time to time It is not to be denied That first by severall Statutes as that of Winchester and divers since The Armour and