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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
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