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

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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 ann●● 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 thē 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
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
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.