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. This text is an enriched version of the TCP digital transcription A91195 of text R209840 in the English Short Title Catalog (Thomason E207_3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 103 KB of XML-encoded text transcribed from 36 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91195 Wing P3983 Thomason E207_3 ESTC R209840 99868695 99868695 157722 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91195) Transcribed from: (Early English Books Online ; image set 157722) Images scanned from microfilm: (Thomason Tracts ; 36:E207[3]) 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. [2], 44 [i.e. 68] p. s.n.], [London? : Printed anno 1641. Attributed to William Prynne. Place of publication suggested by Wing. Page numbers 63-68 misnumbered 39, 40, 39, 42, 43, 44 respectively. Pages 43-44 [i.e., pp. 67-68]: "A list of ships with their charge." Reproduction of the original in the British Library. eng Ship-money -- Early works to 1800. Taxation -- England -- Early works to 1800. A91195 R209840 (Thomason E207_3). civilwar no An humble remonstrance to his His Maiesty,: against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience th Prynne, William 1641 17850 4 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2007-07 Robyn Anspach Sampled and proofread 2007-07 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AN HVMBLE REMONSTRANCE TO HIS MAIESTY , AGAINST THE TAX Of Ship-money imposed , laying open the illegalitie , abuse , and inconvenience thereof . Printed Anno 1641. AN HVMBLE REMONSTRANCE TO HIS MAIESTY , AGAINST THE TAX Of Ship-money imposed , laying open the illegalitie , abuse , and inconvenience thereof . MOST Gracious and dread Soveraigne , wee your poore and loyall Subjects of this your Realme of England , now grieved and oppressed with the late Taxes imposed upon us , for setting out of diverse Ships , for guarding of the narrow Seas , without a common assent thereunto had in Parliament , doe here in all dutie prostrate our selves , and this our Remonstrance against the said Taxes , at your Highnes feete , beseeching your Majesty of your Royall Justice and clemency , to take the same into your Gracious and most just consideration ; and thereupon to release us your poore Subjects , from the intolerable burthen and grievance , under which we groane and languish . And here first of all , wee most humbly represent to your most excellent Majesty , that the Tax of Ship-money , is directly contrary to the fundamentall Lawes of this your Realme of England , which your Majesty both in point of Justice and Honour , is obliged inviolably to preserve , according to the Oath made to God and your subjects at your Coronation , and your faithfull printed royall Protestations since both in your Answer to the Petition of Right , in the third yeare of your Highnesse Reigne , in your royall speech in Parliament , printed then with your Command , and your Declaration to all your loving Subjects , of the Causes which moved your Majesty to dissolve the last Parliament , made and published by your speciall Command ; likewise by 22. 23. 42. 43. 44. in all which , your Majesty to all your subjects Comfort , have made their severall Declarations of your royall pleasure in these your most royall words : The King willeth , that Right be done according to the Lawes and Customes of the Realme , and that the Statutes recited in the Petition of Right , be put in execution ; that his subjects may have no cause of Complaint , of any wrong or oppression , contrary to their just rights and liberties , to the preservation whereof , he holds himselfe in Conscience obliged aswell as of his Prerogative . Let right be done , as is desired , and I assure you , that my Maxime is , That the peoples liberties strengthens the Kings Prerogative , and the Kings Prerogative is to defend the peoples liberties ; I doe here declare that those things that have been done , whereby men had some cause to suspect the libertie of the Subject to be trenched upon , shall not hereafter be drawne into example for your prejudice ; and for the time to come , in the word of a King , you shall not have the like cause to Complaine ; We were not unmindfull of the preservation of the just and ancient liberties of our Subjects , which we secured to them by our just and gracious Answer to the Petition in Parliament , having not since done any Act whereby to infringe them , but our Care is , and hereafter shall be , to keep them intire , and inviolable , as we would doe our own Right and Soveraigntie . We also declare that we will maintaine the ancient and just Rights and Liberties of our Subjects , with so much constancy and Justice , that they shall have cause to acknowledge , that under our government and gracious protection , they live in a more happy and free estate , than any Subjects in the Christian world . If then we shall make it appeare to your Majesty , that the Tax is against the Lawes of the Realme , and the just and ancient Rights and Liberties of your Subjects ; we doubt not but your Majesty , out of your Royall Justice , and Goodnesse , will be most Graciously pleased to exonerate us thereof , and never to draw it into example any more . That it is against the fundamentall Lawes , just Rights , and ancient Liberties of your people , we shall make it appeare by these particulars . First , we conceive it is against sundry Statutes of this Realme . First the Statute of Magna Charta , cap. 29. 39. ratified in Parliament 5. E. 3. cap. 9. 25. E. 3. cap. 18. 42. Ed. 3. cap. 3. and to the late Petition of Right in the third yeare of your Majesties Reigne , who enacts , that no Freeman shall be taken , or imprisoned , or disseized from the Free-hold or libertie , or free Customes to them , or to be outlawed , or exiled , or otherwise destroyed , or pressed upon , nor dealt with , but by the Law of the Land , and by the lawfull Judgement of the Peeres ; but diverse of your poore Subjects by vertue and authoritie of Writs for Ship-money , have been taken , and imprisoned by your Officers , their Goods and Chattells seized , distreined and sould , to their great damage and destruction , without any lawfull Judgement first given against them , and before the right and title of the Tax hath been lawfully heard , and decided against the very tenour of the Statute . Secondly , against the Stat. of 25. Ed. 1. de tallagio non concedendo . 14. Ed. 3. 2. cap. 1. 25. Ed. 3. Rich. 2. cap. 9. 1. Rich. 3. cap. 2. and the late Petition of Right , certified by your Majesty , which enacts that no Tallage shall be laid , or levied by the King , or his heires , without the good will and consent of the Archbishops , Bishops , Earles , Barons , Knights , Burgesses , and other Freemen of the Comonalty of the Realm . By vertue of which Statute , your Subjects have Inherited this freedome that they should not be compelled to contribute to any Tallage , Tax , Ayd , or other charge , not set by Common consent in Parliament , as is recited by the same Petition ; Therefore not with this Tax of Ship-money not setled , but being against the severall Acts , against all the Acts of Tunnage & Poundage , and other subsidies , which have been from time to time in all your royall Progenitors Reignes granted them either for yeares , or for tearme of their naturall lives , as a certaine Tax and Subsidie for the safety and defence of your Seas , against enemies and Pirats , and as a free voluntary Graunt , because themselves , by your royall Prerogative , had no power to impose it upon the subjects ; some few of which Acts , we shall here recite , 14. E. 3. Stat. 1. cap. 20. & Stat. 2. cap. 1. The Prelates , Earles , Barons , and Commons in Parliament , granted the King the ninth Lambes fleece , fifteenth sheafe , ninth part of all Goods and Chattells in Burroughes for two yeares space then next ensuing , to be taken and levied by full and reasonable Tax for the same two yeares , in ayd of the good keeping of the Realme aswell by Land as by Sea , and of his warres , aswell against the parts of Scotland , France , &c. and elsewhere , with promise that the Graunt so chargeable , shall not another time be brought for an example , nor fall to their prejudice in time to come . 5. Rich. 2. per Stat. 2. cap. 3. a subsidie of two shillings on every Tun of Wine , and six pence in the pound of every Merchandize els imported ( some few excepted ) was graunted to the King by Parliament 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 opposition , both in frequency of the opposition , the quantitie of the summe collected , and the undue and unequall Taxing thereof . Eightly , if your Majesty by your absolute authoritie , might impose such Taxes as there at your pleasure might be fulfilled on your subjects , you may doe it as often , and raise them as high as you please ; for what Law is there to hinder you from it , but that which denies you any power at all to doe it . Now if you may impose these Taxes as often , and raise them as high as you please , even from a hundred to two hundred Shippes every yeare , aswell as fortie or fiftie in times of peace , and distreine upon all your Subjects Goods , and imprison their bodies for it , then all their Goods , Lands , and Liberties will be at your Majesties absolute disposition , and then are we not free-borne Subjects , but villaines , and rascalls , and where then are our just ancient Rights , and Liberties , confirmed by your Majesty in the Petition of Right , which you have protested you are bound in conscience to performe and keepe inviolable . Ninthly , it hath beene adjudged in auncient time , that the Kings of England cannot by their prerogative create a new Office by Pattent in Charge of the people , neither can they graunt Murage , or any such tallage to , or demand it of any one by Writ , or Pattent , because that it is in Charge of his people , Que ne part est sans parliament , 13. H. 4. 14. Br. Pat. 12. 37. H. 8. Pat. 100. therefore by the same reason that Tax , that layes a farre greater Charge upon the Subject , than any new Office , Murage , Tallage , Travers , or thorow Toll , cannot be imposed but by Act of Parliament . Tenthly , admit your Majesty by your absolute prerogative might enforce the Subjects to set out Ships to guard the Sea , yet we conceive humbly as things now stand , you cannot doe neither in Honour , nor Justice , nor yet in that way and proportion as it is now demanded . For first , we humbly conceive , that your Majesty cannot impose this annuall charge on your Subjects , and wholy , because you receive Tunnage and Poundage of your Subjects , on purpose to guard the Seas , and ease your Subjects of this burthen , which is sufficient to discharge the service , with a large surplusage besides to your Majesty , either therefore your Majesty must now both in Justice and Honour release the Tax of Ship-money , or els your Tunnage and Poundage , since either of them are sufficient for the service , and one of them not due , if the other be taken . Secondly , we humbly conceive that you cannot demand it now in a generall peace , when there is no feare at all of forraigne enemies , or open warre , proclaimed against any neighbour Prince , or State , there being , as we beleeve , no president for any such Tax in the time of peace . Thirdly , we conceive that since the Writ enjoyned every County to furnish a Ship of so many Tunnes , for so many moneths ; First , that no Counties can be forced to furnish , or hire any Ships , but those that border on the Seas , and have Shipping in them . Secondly , that they cannot be compelled to furnish out any other Ships , of any other burden , than such as they have for the present , unlesse they have convenient time allowed them to build others . Thirdly , they cannot be compelled to levie so much money , to returne it to your Exchequer , or to any of your Officers hands , as now they doe when they cannot call them to account , to see how the money is imployed , but that they may , and ought to appoint their owne Officers , Treasurers , and Collectors , to make their owne estimates , proportions , and provisions at the best , and cheapest Rates , as every one doth that is charged and over-rated in their estimates , and put to almost double expence by your Majesties Officers , who are not , neither can be compelled to give your Subjects any accompts , as those Officers may be that collected the Subsidies of Tunnage and Poundage anciently were to doe , 5. R. 2. cap. 3. Fourthly , that they cannot be compelled to hire your Majesties Ships at such rates and with such furniture and provisions , as your Officers shall seeme meet to have and appoint for them ; for by the same reason , your Majesty may enforce those Gentlemen and grand Souldiers , who are bound to keepe Launces , and light Horses , or to provide Armes in every Countie , though they have Armes and Horses of their owne , which are serviceable , to buy or hire your Majesties Horses and Armes every yeare at such Rates as your Officers please , and lay by their owne at your owne Officers rates , and your Merchants that traffique , onely in your Majesties Ships , not in their owne at your owne Officers rates , there being the same reason in both . But your Majesty , as we suppose , cannot enforce your Subjects to the one , to hire your Horses , Armes , or Ships , to trayne or trade with , therefore not to the other . Fiftly , that they cannot be compelled to contribute money to set out forty seven Ships , as they did the last yeare , and yet but twenty seven , and some of them of lesse burden then limited in the Writts to be set out by your Officers , and so scarce halfe the pretended number imployed , and not that money collected , disbursed in that pretended service . Sixtly , that they cannot be enforced to provide forty , forty five , fifty shot round of Powder and Bullets for every Piece in the Ship ; now there is a generall peace , and no likelihood of Sea-fights , when fifteene , twenty , or twenty five at most round is sufficient , and no more was allotted in eighty eight , when the Spanish Fleet came against us , and was of purpose , as may seeme , to put them to double charge . Seaventhly , that they cannot be enforced to pay for new Rigging , Cables , Anchors , Carriages , Powder and Shot , Matches , Pikes , Muskets , & that every yeare , when little or nothing at all of that provision provided and payd for by them the first and last yeare both , is spent but onely victualls , and wages , and all the other provision at the end of the service taken into your Majesties store-house , and so to buy their owne Powder , when the twenty seaven Ships were set out , and thereby at the first gained foure pence in every pound of Powder , when they were so set out , all which were taken into your Majesties store-houses at their returne , but what was vainely shot and spent away the last yeare , and bought againe afresh , amounts to sixteene pence cleere gaine in every pound , and if this third yeare were brought over againe , as it is likely according to a new estimate , will be two shillings foure pence cleere gaine in every pound , the like doubled and trebled againe will be now and every subsequent yeare , if this Tax proceed upon Powder , Shot , and Match , Carriages , and so forth , and all such victualls the onely provision that is spent , the most part of the rest returning , which if your Subjects found and provided at the best rate , and tooke againe into your owne stores upon the Ships returne one quarter of that 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 Composition , not having a Ship thereabouts to secure those Coasts , but two onely in the Irish Seas , in the view of which some of your subjects Ships were taken , and yet not one Pirate taken , or brought in by them , though they did so much mischiefe , and tooke so many of your Subjects prisoners , to their undoing . Seventhly , the generall feare and jealousie which your poore Subjects have of an intention of your great Officers to the Crowne , and the ayding of the Seas , a meere pretence to levie and collect it , which jealousie is grounded on these particulars . First , the continuance of the annuall Tax for three yeares together now in times of peace . Secondly , the sending out of twenty seaven Ships the last yeare by your Officers , when money was levied for forty seaven , and the levie of money for forty seaven Ships this yeare againe , when not above twenty seaven are to be set out : this yeare againe for ought we heare of so many , if any be collected ; for these twentie Ships more than are set out in the beginning of this project , they feare worse consequence in the sequell . Thirdly , your Officers mis-informing your Subjects to buy their owne Powder , Match , and Shot , Cording Stores , and other provisions afresh , the last yeare and this , with your full pay the first yeare , and then taken into your Majesties store at the first and last returne , and reteining the estimate as high the last yeare , and that as at first , when as any third part of the first estimate of the old store , and other things considered , would defray the Charge . Fourthly , your Officers having turned Tunnage and Poundage , which is onely abundantly sufficient to defend the Seas withall , into a meere Annuall revenue , and laying the whole charge of guarding the Seas upon your Subjects notwithstanding . Now if the Tunnage and Poundage to guard the Seas withall , be already turned by them into a meere annuall revenue , they feare these also will be so ; the moity of the money collected , being not disbursed for the defence of the Sea , for which it is intended . Fiftly , the speeches and mutterings of some of your Officers , who stile it a duty and project , thereby to improve your Majesties revenues , and for the greatest part of the moneys they make it so . Sixtly , the stopping of some legall proceedings by Replevies or Habeas corpus , to bring the rightfulnesse or lawfulnesse of the Tax , to a faire , just , and speedy tryall and decision . It ever being formerly adjudged contrary unto Magna Charta , 129. 2. E. 3. cap. 8. 18. E. 3. Stat. 3. 20. Eliz. cap. 9. and the Judges Oath . Seaventhly , the levying this as a present supply by some of your great Officers , under colour for guarding the Seas , of purpose to keepe off a Parliament , wherein our particulars may be heard and redressed , and these Officers who have abused your Majesties trust reposed in them , oppressed your people , and violated the just rights and liberties condignly questioned . Eightly , the diverse Corporations of Le. F. P. together with the Clergie men , Exchequer men , Church lands , auncient Demeasnes excepted from Dangilt , and all Taxes and Tallages by prescription or penall Charters , confirmed by Parliament ; and many that have been priviledged from paying of Subsidies , now burthened with this Tax , contrary to these Charters of exemption ; which severall grievances we most humbly submit to your Majesties most wise and gracious Consideration . Ninthly , Admit your Majestie might by your royall Prerogative , Impose the Tax , yet the manifold inconveniences ensuing thereupon , both for the present and future , which we shall here likewise in all humilitie represent to your Majesties royall wisdome , may justly induce your Highnes to free us from this mischievous burthen . For first it causeth a generall decay of trading , both by impairing most of the currant money of England , the meanes of trading , or by breaking and undoing , or casting many poore tradesmen , and those so far behind hand in the world , that they cannot recover themselves againe . Secondly , it causeth many Farmers in the Countrey to breake , or hide their heads , or to give over their Farmes , and makes every where such a multitude of poore , that in a short time , the rich will not bee able to relieve them . Thirdly , it procureth a great decrease and abatement in the Rent and prices of Land , and enhaunceth all other kinde of common duties , and provisions , to such an extraordinary rate , as the poore will not be able to live , and subsist , nor the rich to keepe hospitalitie , and traine up their children to learning and services of Armes , to secure your Majestie , and Countrey , if this Tax should continue . Fourthly , it stops the current of the Common Law of the Realme , by disabling men to prosecute their just suits , and to recover their rights , for want of meanes , which will breed much opposition and confusion , if not prevented . Fiftly , it much discontents the minds , and dejects the spirits , and slackens the industry of most of your Subjects , and causeth many to leave the Kingdome , and to give over trading . Sixtly , it so exhausts your Subjects purses now in the time of peace , that they will not be able , though willing , to supply your Majesty in time of warre , and upon other needfull , important , and necessary occasions ; things considerable , lest that which the History of Great Britaine , H. 7. 44. sect. 197. as Speed writes of Dangilt , prove true of this Tax . Likewise that it empties the Land of all Coine , the Kingdome of all their Ships , Nobles of all their Carriage , the Commons of their Goods , and the Soveraigne of his wonted respect , and reverence , and observance . Seventhly , it makes our neighbour Princes jealous of us , moveth them to fortifie themselves extraordinarily at Sea , more then otherwise they would have done , and to call in the Turkes to annoy and infest us . Eightly , it much hinders traffique of Merchandize , and our Fishing , by imploying diverse of our ablest Ships , Masters , Pilots , Marriners , and Fishermen for this service , who otherwise should and would have been imployed in Merchants voyages and fishings . Ninthly , it is like to bring in great insupportable burthens , and an annuall and constant pay of above three if not foure Subsidies a yeare upon your Subjects , and so breed a dangerous president for posterity , if not now released , or withstood ; For though commonly one swallow maketh not a summer , yet as Mat. Paris Hist. Angl. 822. & 625. Si nunc itcrum fieret , timeri posset non immerito , ne ad consequentiam traheretur ; Binus enim actus inducit consuerudinem . Eo ipso reststendum est , quod Franci contribuerunt . Binus enim actus inducit consuetudinem . A double and treble payment without opposition , will introduce a Custome and prescription , be the Taxes never so unjust and unreasonable ; as the Prelates and Clergie themselves could joyntly conclude in Henry the thirds time , in the Case of Taxes . These most Gracious Soveraigne , are the grounds and reasons wee humbly represent to your sacred Majesty , against the Tax of Ship-money , set on foote , as we have just Cause to suspect , by such who ayme more at their private lucre , and sinister ends , then at your Majesties Honour and service , or your kindreds welfare ; upon which we most humbly supplicate your Majestie to be exonerated of it , since for the premised reasons , we neither can nor dare contribute any more to it . Now because these men who have put your Majesty upon these projects , pretend some auncient president for the lawfulnesse of this Tax for the Ship-money , thereby to induce your Majesty , whose Justice and integritie they know is such , as will never consent to any the least taxations , unjustly to oppresse your Subjects withall , contrary to the just rights and liberties confirmed by your Majesty , and your owne Lawes , to impose it , and exact it as a just dutie , and lawfull tallage , wee shall here for the opening of the unlawfulnesse of it , give a briefe Answer to the chiefest of these presidents , which they produce and suggest to your Majesty , to manifest the illegalities of it . In generall , we give this Answer to all the presidents they produce to justifie this Tax . That there is no direct president in point of Law , to compell the Subjects to finde Ships to guard the Seas , or if there be any one such president , yet that never ruled , neither was adjudged lawfull upon solemne debate , either in Parliament , or any other Court of Justice . Secondly , the presidents produced that have any colour at all to prove the Tax just and legall were before Magna Charta , and the Statutes afore-cited , Taxes and Tallages without consent of Parliament , or at least before Tunnage and Poundage were granted for guarding of the Seas , and not since . Thirdly , that they were onely in times of warre , and open hostilitie , not of peace , as now , this will sufficiently answer all presidents that can be produced . Fourthly , that they were onely either in times of warres , and open hostilitie , or that they were by assent in Parliament , or els withstood , and complained of , as grievous if otherwise . Fiftly , that they were onely for suppressing and taking off Ships upon the Kings hire , and wages , not for setting out of Ships on the Subjects proper Costs , or els for stay of Ships for a time , and so impertinent to the Case in question . Sixtly , that these presidents were not annuall , or for sundry yeares together , but rare , once perchance in an age , and that on speciall occasions , in time of eminent danger , and will not prove pertinent , if duly examined . These generall Answers now premised , wee shall descend to the most materiall particular presidents , the answering which alone will cleere all the rest . A maine president they insist on , is that auncient Tax of Dangilt , they say the same was lawfully imposed by his Majesties royall progenitors on his Subjects by meere royall authoritie without act of Parliament , to defend the Seas and Realme against the Danes . Therefore his Majesty may now impose on his Subjects the like Tax by his royall Prerogative . To this objected president we answer , that there was a double kinde of tribute , called Dangilt , memorized in our Chronicles , and Writers . The first Wigorniensis , and Mathew of Westminster , Anno 983. 986. 994. 1002. 2007. 1011. 871. 873. 1041. Polichronic . lib. 1. cap. 5. lib. 7. cap. 15. 16. Fabian part 6. cap. 194. 200. Graston pa. 162. 164. 165. Master Speeds Hist. lib. 7. cap. 44. sect. 20. 14. 22. 25. lib. 8. cap. 2. sect. 12. William Malmesbury de Justicia regnt Angl. lib. 2. cap. 12. pag. 76. 77. John Salisbury de luctis Anglie . lib. 8. cap. 22. Ad finem . Spilman glossar . pag. 199. 200. Floud . An. pa. 10. 428. Rastalls tearmes de ley , Lit. Dangilt , Minshaws Dictionary , title Dangilt . Seldens Mare Clausum , lib. 2. cap. 11. 15. Imposed by and paid to the Danes themselves , as to conquering enemies , by way of Composition tribute , to the which the King himselfe did contribute as well as the Subjects . This Composition was first begun by Pusillamenus , King Ethelbert by ill advice , Cretineus Archbishop of Canterbury , and other Nobles , Anno 991. This tribute came to ten thousand pound , Anno 983. to as much 986. to 16994. to the like 102. to fourteene thousand pound , Anno 1607. to 300. out of Kent alone Anno 1012. to twenty eight thousand pound , Anno 1014. so Mathew of Westminster and others write , that Ethelbert at five severall times paid the Danes 113000. pounds , and there was granted to him an annuall tribute of 48000. pounds , to be exacted of all the people , which properly was called Dangilt ; which tribute was exacted and collected by Hardicanute , whose Officers were slaine at Worcester in gathering up this exonerable tribute and importable , as Mathew of Westminster , and Malmesbury terme it , De hostibus regni Angl. lib. 1. cap. 12. pag. 76. 77. And when King Swanus the Dane exacted this tribute from Saint Edmondsbury , out of King Edwards Lands , which pleaded exemption from it , he was stabbed to death with King Edwards sword in the middest of his Nobles , as our Historiographers report . Nay , the Dangilt , which may be so termed because it did gelt much and pare mens estates , and emasculated their spirits , hath no Analogie with this Tax of Ship-money . For first it was not payd to a King , but to a conquering Enemy . Secondly , it was payd by the King himselfe , as well as by his Subjects , and that not as a debt or dutie , but a composition or tribute , most unjustly imposed and exacted by an usurping and greedy Enemy . Thirdly , it was exacted by force and violence , not by Law or Right . Fourthly , it was payd by the joynt composition , and agreement both of King and people , not by the Kings absolute power ; that is evident by Florentinus Wigorniensis , and Mat. Westminster , Anno 983. Danis omnes portus regni infestantibus , dum nesciretur , ubi eis occurri deberet , decretum est à viris prudentibus , ut vincerentur argento , qui non poterant ferro . Itaque decem millia librarum soluta Danorum avaritiam expleverunt , Anno 991. Quo audito , datum est ijs tributum decem millia librarum per Consilium Syricii Cantuariensis Archiepiscopi , & aliorum nobilium Regni ut a crebis rapinis , cremationibus & hominum caedibus quae circa maritima agebant cessarent , Anno 994. Tunc Aethelredus per Consilium suorum nobilium dedit iis pensionem de tota Anglia collectam 16000. librarum ut à cadibus hominum innocentium cessarent , Anno 1002. Rex Aethelredus Consilio suorum ob multas Injurias à Danis acceptas tributum illis statuit , & taxati Angli fuere , ut pacem cum eis firmam tenerent , cujus postulationem Concesserunt , & ex eo tempore de tota Angliae sumptus illis & tributum quod erat 36000 lib. persolvebatur , Anno 1012. Dux Edvardus & omnes Anglia primates utriusque ordinis ante Pascha Londini congregati sunt , & ibi tam diu morati sunt , quousque tributum Danis promissum quod erat 45000. l. persolverent . By all which it is evident , that this tribute was not 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 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 Tax , but a most pregnant Evidence against it , having no cōtinuance or allowance at all from any Parliament as Dangelt had . Fiftly , admit that the tax of Dangelt were not imposed by Parliament but onely for Regall power , and that lawfull in these antient times , as is pretended , all which we have manifestly proved voyd ; yet it is no Argument at all to prove the lawfulnesse of this present taxe of Ship-money and that in these respects . First , that Dangelt was first imposed in time of Warre and destruction before the government of the Kingdome was setled by good lawes ; therefore no president for this in time of Peace , nor in this setled estate of the Realme , so long continued in wholsome Lawes . Secondly , it was before any extant Statutes made against the imposing of any Taxe , tallage , aide , or benevolence , without common consent of the Lords spirituall and temporall , and Commons in Parliament , this and divers fore-recited Acts of this nature against it , are ratified by your Majesty in the Petition of Right . Thirdly , it was before any subsidie of Tonnage and poundage granted to guard the Seas and Sea Costs to exempt the subject from these , and all other taxes for that purpose , and in truth it was the Tonnage , and poundage of those times that after Tonnage and Poundage granted to guard the Seas , &c. Fourthly , it was certaine first 1s . afterwards , 2s . every hide land , and that certainly limited , this arbitrary and incertainly now , rated by any Parliament . Fiftly , that was onely charged vpon lands , not goods , this on goods , and those that have no lands . Sixtly , it was not alwaies annually paid , but in times of warres , as Spil . Glossary , pa. 200 and diuers others fore-recited authors have it thus : Now for 3. yeares together in time of peace , in these respects therefore we humbly declare vnto your Majesty that this principall president of Dangelt is no warrant of all for lawfulnesse of this taxe of Shipmoney , but a cleere and vndeniable authority against it , in answering whereof we have deseated and cleered , and so answered most other presidents . The next Presidents that are objected , are those out of ancient stories , Mat. Westm. Anno 874 writes of King Alfred that when the Danesinvaded the Realme with two Navies having prepared a Navy to set it to Sea , tooke one of the Enemies ships , and put sixe more to flight , Anno 877. the enemies then encreasing in all parts , the King commanded Galies and Galeas 2 & long as naves fubricari per Regnum , & prelio hostili adventantibus obcurrit imposit is que piratio in illis viis maris custodiendis commisit Anno 877. & 992 , that King Alfred appointed guardians in severall parts of the Realme against the Danes , quo etiam tempore fecit Rex Alfridus totum Navile quod terrestre prelio Regni sui tranquillitati providerat : that Anno 1008. Rex Ethelberdus jussit parari , 310. hadis navem vnam & ex orto hi tum galeam vnam & loricam , that Anno 1040. Rex Hardecanutus vnumquemque reminisci suas classes orto mencos & singulis rationibus decem naues de tota Angl. pendi precipit vnde cuncti qui ejus advent . prius oraverunt exosus est effectus . It is added with all that those Kings imposed ships and ship-money on the subjects , therefore your Majesty may doe the like . To these presidenrs we answer . First , that they are onely in time of open Warre , and invasion by enemies for the Kingdomes necessary defence , not in times of peace . Againe the three first of them are onely that the King provided a Navie , commanded ships to be builded through the Kingdome , to guard the Seas , and encounter the enemy as well by Sea as by Land , but speakes not that this was done at the subjects owne charge , nor that any tax was laid upon them for it , or that the Command of his was obeyed , or that he might lawfully impose a charge on his subjects without their common consent . The fourth of them Anno 1008. saith of Ethelbert , that he commands one ship to be provided for , out of every two hundred and tenne Acres ; but saith not , that this command was not by the King absolute power onely , for it might be by common consent in Parliament agreed upon , for ought appeares , or that this command was just , and lawfull ; neither doth he informe us that they were built : Wigorniensis , Anno 1008. addes that they were accordingly prepared , and that the King put these souldiers into them with Victuals , that they might defend the Coasts of the Kingdome from the incursion of Forreyners , so that the subjects were not onely at the charge of the building of the ships , the King for the Victuals , Marriners , souldiers , and wages , and in truth when all was done , they had but bad successe , for the same Historian saith , that a great storme arose , which tore and bruised the ships , and drove them a shore , where Holuo thus burnt them , sic totius populi maximus labor periit , yet this president though nearest of all , comes not home to the present cause . First , because it was onely to build ships in the case of necessity for defence of the Realme , where there wanted ships to guard it , but now ( thankes be to God ) we have ships enough already built to guard the Sea against all the World . Secondly , every 100 and ten Acres to build a ship of 3 Oares , unam triremem , Wigorne writes , but not taxed to pay so much to build one as now . Thirdly , the ships built , were set out not at the subjects , but at the Kings charge and cost , therefore no president for this Taxe to set out ships built at ours . Fourthly , the charge was certaine , and equall every hide land , being equally charged ; this altogether uncertaine and unequall . Fifthly , this was after the time of Dangelt was set on foot , therefore not done by the Kings absolute power , but by common consent in Parliament , as we have proved Dangelt to be granted . Sixthly , this president proves onely that such a thing , was there commanded to be done by the King , not that the King might or did lawfully command , or enforce the subjects to doe it without the common consent . Seventhly , that was no annuall charge put on the subjects , as that now , but extraordinary , not drawne into practice since , for ought that appeares , therefore differeth from this Tax of Ship-money . Eightly , no corporation , or goods , were then charged but onely lands , and all were ruled by the land they held , therfore this extēds not to justifie the tax of ship-money , which is laid upon Corporations , Goods , and such as have no Land at all . Ninthly , no man was enjoyned this under pain of Imprisonment , nor his goods distrained , or sold if he refused it , for of this there is not a syllable , therefore no president to warrant the present imprisonment , and destreining of these mens goods , who now refuse to pay the tax , for that of Hardicanutus not to be just , and lawfull , but an illegall , and tyrannicall Act , which saith Mat. Westm. Anno 1040. made 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 habea●●t illas apud Pert●●osum in media quadra gessis be●●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 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. 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 . Notes, typically marginal, from the original text Notes for div A91195e-100 * Note well these fitting Epithetes .