Against the Tax of Ship Money

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 Sovereign, we your poor and loyal Subjects of this your Realm 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, do here in all duty prostrate ourselves, and this our Remonstrance against the said Taxes, at your Highnes feet, beseeching your Majesty of your Royal Justice and clemency, to take the same into your Gracious and most just consideration; and thereupon to release us your poor Subjects, from the intolerable burden and grievance, under which we groan and languish.

And here first of all, we most humbly represent to your most excellent Majesty, that the Tax of Ship-money, is directly contrary to the fundamental Laws of this your Realm of England, which your Majesty both in point of Justice and Honor, is obliged inviolably to preserve, according to the Oath made to God and your subjects at your Coronation, and your faithful printed royal Protestations since both in your Answer to the Petition of Right, in the third year of your Highness Reign, in your royal 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 special Command; likewise by 22. 23. 42. 43. 44. in all which, your Majesty to all your subjects Comfort, have made their several Declarations of your royal pleasure in these your most royal words: The King willeth, that Right be done according to the Laws and Customs of the Realm, 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 himself in Conscience obliged as well as of his Prerogative. Let right be done, as is desired, and I assure you, that my Maxim is, That the people's liberties strengthens the Kings Prerogative, and the Kings Prerogative is to defend the people's liberties; I do here declare that those things that have been done, whereby men had some cause to suspect the liberty of the Subject to be trenched upon, shall not hereafter be drawn 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 unmindful 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 entire, and inviolable, as we would do our own Right and Soveraigntie. We also declare that we will maintain 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 appear to your Majesty, that the Tax is against the Laws of the Realm, and the just and ancient Rights and Liberties of your Subjects; we doubt not but your Majesty, out of your Royal Justice, and Goodness, will be most Graciously pleased to exonerate us thereof, and never to draw it into example anymore.

That it is against the fundamental Laws, just Rights, and ancient Liberties of your people, we shall make it appear by these particulars.

First, we conceive it is against sundry Statutes of this Realm. 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 year of your Majesty's Reign, who enacts, that no Freeman shall be taken, or imprisoned, or disseized from the Free-hold or liberty, or free Customs 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 lawful Judgment of the Peers; but diverse of your poor Subjects by virtue and authority of Writs for Ship-money, have been taken, and imprisoned by your Officers, their Goods and Chattels seized, distrained and sold, to their great damage and destruction, without any lawful Judgment first given against them, and before the right and title of the Tax hath been lawfully heard, and decided against the very tenor 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 heirs, without the good will and consent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other Freemen of the Comonalty of the Realm. By virtue of which Statute, your Subjects have Inherited this freedom 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 settled, but being against the several Acts, against all the Acts of Tunnage & Poundage, and other subsidies, which have been from time to time in all your royal Progenitors Reignes granted them either for years, or for term of their natural lives, as a certain Tax and Subsidy for the safety and defense of your Seas, against enemies and Pirates, and as a free voluntary Grant, because themselves, by your royal 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, Earls, Barons, and Commons in Parliament, granted the King the ninth Lambes fleece, fifteenth sheaf, ninth part of all Goods and Chattels in Burroughs for two years space then next ensuing, to be taken and levied by full and reasonable Tax for the same two years, in aid of the good keeping of the Realm as well by Land as by Sea, and of his wars, as well against the parts of Scotland, France, &c. and elsewhere, with promise that the Grant 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 subsidy of two shillings on every Tun of Wine, and six pence in the pound of every Merchandize else imported (some few excepted) was granted to the King by Parliament for two years, during which time the Mariners of the West proffered the Parliament to make an Army on the Sea: Provided always that the money thereof coming be wholly employed for the keeping of the Sea, and no part elsewhere; the receivers and keepers whereof were appointed likewise, that the people keeping of the Sea Army, shall have all the lawful prizes shared among them,; And that the Admiral and others of the said Army should give assurance to save the Kings friends and Allies without danger to be done to them, or any of them by any means, which if they do, and it be proved, they shall put them in grievous pains to make amends, 4. Ed. 4. 12. Ed. 4. cap. 3. the Commons of the Realm of England granted a Subsidy to the King called Tunnage during his life, for the defense of the Realm, 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 defense of the Realm, and the keeping, and safeguard of the Seas, for the intercourse of Merchandize, safely to come in and pass out of the Realm, certain sums of money, named Subsidies, of all manner of Goods, or Merchandize coming into, or growing out of the Realm. The words of the forenamed Act are these: First, for as much as we the poor Commons, &c. now we your poor Commons wishing that such furniture of all things may be had in readiness for time to come, when necessity shall require for the speedy and undelayed provision, and help of the suppressing of such inconveniences, and Invasions, humbly desire of your most excellent Majesty, lovingly and favourably to take and accept and receive their poor grants, hereafter ensuing, as granted of true hearts and good wills, which we bore to your Highness, towards the great costs, charges, and expenses, which may be laid out by your Majesty, for the causes beforesaid when need shall require.

Secondly, no Dismes, Quadrismes, or grand Customs, and such like aid can be imposed, the act of Tunnage and Poundage, 1 Iac. cap. 33. which grants this Subsidy to your Majesty's Royal Father during his life, makes the same recital word for word. If then the subsidy of Tunnage and Poundage have been already granted as a Tax upon his Subjects for guarding of the Sea, both against enemies and Pirates by Act of Parliament, and not otherwise, and all your Royal Progenitors have accepted of it in this manner by a grant in Parliament, and not imposed any such annual Tax as now by Writ, for the defense of the Seas by your Prerogative royal, we humbly conceive, that your Majesty cannot now impose it upon by Law, rather because your Majesty ever since your coming to the Crown, hath taken and received this Tunnage and Poundage, and still takes it, and claims it for a defense only of the Seas, professing in your royal Declaration to all your loving Subjects by your special command, A. 7. pag. 44. that you took this duty of Five in the Hundred for guarding of the Sea, and defense of the Realm, to which you hold your self still charged, as you declared. Now since your Majesty receives this duty at your Subjects hand, to this very end and purpose, the moity of which is abundantly sufficient to defend the Seas in these days of peace with all neighbor Princes and Nations, and by reason whereof you hold yourself still obliged to it; we humbly conceive, you cannot in point of Law and Justice, neither will you in point of honor and conscience, receive the said Duty, sufficient with an overplus to defend the Seas, and yet impose this heavy Tax and burden upon your Subjects, and lay the whole charge of guarding the Seas in these days of peace on them, as if no Tunnage or Poundage were taken for that purpose, which none of your royal Progenitors ever yet did.

Fourthly, against most of the Acts of Parliament for the several Subsidies of the Clergy and Commonaltie, in all your Royal Progenitors Reignes, and your own too, who when the annual revenues of the Crown, and your Customs, and Subsidies granted them for the guarding of the Realm, and Seas, by reason of open wars aforesaid, and defensive, or both were not able to supply and defray the extraordinary expenses, 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 defense of the Seas, and Realm, by grant of Subsidies, Impositions, Dismes, Quadrismes, rated and taxed by Parliament, and not by your own authority royal. That is evident by all the Acts of Subsidies, Taxes, Ayds, and Customs, granted by your royal 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. expressly recite the Ayd and Subsidy therein granted were for the defense of the Kingdom 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 yourself have from time to time resorted for supplies by Sea and Land to Parliament, when Tunnage and Poundage and your own ordinary revenues would not suffice, which they would never have done, might they have supplied themselves by such Writs of Shipmoney as these are, we humbly conceive it to be against the common Law, and that your Majesty ought to run the same course again, and may not by your Prerogative Impose this Tax of Ship-money without common consent in Parliament, contrary as we believe 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 several recited Statutes, so we humbly conceive it to be against the very common Law, and Law books.

First, by the Common Law every several Duty and service which concerns the subjects in general 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 only, not by your Majesty (as the party whom it concerns) as appeareth by two notable instances, pertinent to the present purpose, whereof the first is, that of Taxes uncertain, which though a duty to the King, and other Lord's heretofore upon every voice royal against the Scots, yet because it concerns so many, it could not be taxed; but by Parliament, Litt. 2. 97. 98. 100. 102. F. N. B. 8. Cook on Litt. sect. 97. 101. 102.

Secondly, in Case of Ayd to marry the Kings or Lord's Daughter, and to make his son a Knight, which though a Duty, yet taxed and reduced to a certainty 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 uncertain services and duties, to avoid opposition and Injustice, ought to be taxed in Parliament, much more the uncertain and indefinite Tax being no duty nor debt at all, and not yet prescribed or reduced to any certainty by any Law.

Secondly, no Dismes, Quadrismes, or grand Customs, and such like, can be imposed by the very common Law, though usually subsidies and supplies, 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 less the unusual and extraordinary Taxes of Ship-money, amounting the first year to ten fifteenes, and this year 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 Realm, to bind the Subjects either to the loss of Liberty, Goods, or member, by your Majesty's absolute power, nor yet by your Majesty, nor the Lord's in general, without the Commons consent in full Parliament, as is resolved in these common Law Books, 11. H. 6. 17. Ployd. 74. M. 19. E. 3. Fitz Iurisdict. 28. Annum, the very reason why Acts of Parliament bind all, is because every man is party 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 Laws can be imposed on the Subjects, but such as are made and consented unto by them in Parliament, because every Law that is penal deprives them either of their liberties, person by imprisonment, or the property of their Goods by Confiscation, much less then any Tax, or the Tax for Ship-money, for the which their goods shall be, and are distrained, the persons imprisoned, in case they refuse to pay it, contrary to Magna Charta promise. Stat.

Fourthly, every subject hath as absolute property in his Goods by the common Law, as he hath in his lands, and therefore as your Majesty cannot lawfully seize any of your Subjects lands, unless by some just title or forfeit upon a penal Law or Condition infringed, or by the parties voluntary consent, so cannot you seize upon his Goods, unless by some Grant from the party himself, either mediately as in Parliament, or immediately for some debt, or either granted you in like manner, therefore not for Ship-money, unless granted by common consent in Parliament.

Fifthly, it is a Maxim in all Laws civil 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 natural and politique bodies, nothing is or can be effected by the head, hand, or foot alone, unless the other parts of the body, or faculties of the soul assent. In all elections popular, where there are diverse Electors, there must either be a general consent of all, or of the major part, or otherwise the election of the fewest, or one only is a mere nullity, in all Parliaments, Colleges, Synods, Cities, Cathedrals, in Laws, Canons, Ordinances, or by Laws, neither Levies, nor Taxes can be imposed, but by all, or the Major part. The Bishop, or the Dean without the Clergy, the Major without the rest of the Corporation, the Abbot without the Covent, the Master of the College, without the fellows, the Master or Wardens of Companies, without the Assistants, the Lord's of the Parliament without the Commons, nor the lesser part, without the consent, or against the greater part; in all these can do nothing, either to bind or charge the rest by the Common or Civil Law. Your Majesty therefore by the same Reason, being but a member of the body politique of England, though the most excellent and supreme above all the Rest, can impose no Laws, 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 help these.

Sixthly, if your Majesty 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 void and against Law. 42. H. 8. tit. 5. Br. Commission 15. 16. therefore your Majesty's Writts to distreine men's 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 do 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.

Seventhly, it is a Maxim in Law, that no man ought to be Judge in his own Case, and therefore no man can have Cognizance of Pleas where himself is Judge and party. And if a Lord of a Manor prescribe in a Custom to distreine all beasts that come within his Manor damage fezant, and to detain them until Fine be made to him for the damages at his will; this prescription is void, because it is against reason, that he be Judge in his own Case; for by such means, 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 Majesty's power to impose, what sum they pleased upon your people, you should be Judge in your own Cause, and so your Majesty by your Officers mis-information for their own private lucre might levy far more than need requires for your service; yea, so much, and so often, as would soon 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 appear to be necessary to avoid opposition, both in frequency of the opposition, the quantity of the sum collected, and the undue and unequal Taxing thereof.

Eighthly, if your Majesty by your absolute authority, might impose such Taxes as there at your pleasure might be fulfilled on your subjects, you may do 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 do 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 year, as well as forty or fifty 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 Majesty's absolute disposition, and then are we not free-borne Subjects, but villains, 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 perform and keep inviolable.

Ninthly, it hath been adjudged in ancient time, that the Kings of England cannot by their prerogative create a new Office by Pattent in Charge of the people, neither can they grant 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 lays a far greater Charge upon the Subject, than any new Office, Murage, Tallage, Travers, or thorough 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 do neither in Honor, 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 annual charge on your Subjects, and wholly, because you receive Tunnage and Poundage of your Subjects, on purpose to guard the Seas, and ease your Subjects of this burden, 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 Honor release the Tax of Ship-money, or else 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 general peace, when there is no fear at all of foreign enemies, or open war, proclaimed against any neighbor Prince, or State, there being, as we believe, no president for any such Tax in the time of peace.

Thirdly, we conceive that since the Writ enjoined every County to furnish a Ship of so many Tunnes, for so many months;

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, unless they have convenient time allowed them to build others.

Thirdly, they cannot be compelled to levy so much money, to return it to your Exchequer, or to any of your Officers hands, as now they do when they cannot call them to account, to see how the money is employed, but that they may, and ought to appoint their own Officers, Treasurers, and Collectors, to make their own estimates, proportions, and provisions at the best, and cheapest Rates, as everyone doth that is charged and over-rated in their estimates, and put to almost double expense by your Majesty's Officers, who are not, neither can be compelled to give your Subjects any accounts, as those Officers may be that collected the Subsidies of Tunnage and Poundage anciently were to do, 5. R. 2. cap. 3.

Fourthly, that they cannot be compelled to hire your Majesty's Ships at such rates and with such furniture and provisions, as your Officers shall seem meet to have and appoint for them; for by the same reason, your Majesty may enforce those Gentlemen and grand Soldiers, who are bound to keep Launces, and light Horses, or to provide Arms in every County, though they have Arms and Horses of their own, which are serviceable, to buy or hire your Majesty's Horses and Arms every year at such Rates as your Officers please, and lay by their own at your own Officers rates, and your Merchants that traffic, only in your Majesty's Ships, not in their own at your own 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, Arms, or Ships, to trayne or trade with, therefore not to the other.

Fifthly, that they cannot be compelled to contribute money to set out forty seven Ships, as they did the last year, and yet but twenty seven, and some of them of less burden then limited in the Writts to be set out by your Officers, and so scarce half the pretended number employed, and not that money collected, disbursed in that pretended service.

Sixthly, 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 general peace, and no likelihood of Sea-fights, when fifteen, 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 seem, to put them to double charge.

Seventhly, that they cannot be enforced to pay for new Rigging, Cables, Anchors, Carriages, Powder and Shot, Matches, Pikes, Muskets, & that every year, when little or nothing at all of that provision provided and paid for by them the first and last year both, is spent but only victuals, and wages, and all the other provision at the end of the service taken into your Majesty's storehouse, and so to buy their own Powder, when the twenty seven Ships were set out, and thereby at the first gained four pence in every pound of Powder, when they were so set out, all which were taken into your Majesty's store-houses at their return, but what was vainly shot and spent away the last year, and bought again afresh, amounts to sixteen pence clear gain in every pound, and if this third year were brought over again, as it is likely according to a new estimate, will be two shillings four pence clear gain in every pound, the like doubled and trebled again will be now and every subsequent year, if this Tax proceed upon Powder, Shot, and Match, Carriages, and so forth, and all such victuals the only provision that is spent, the most part of the rest returning, which if your Subjects found and provided at the best rate, and took again into your own stores upon the Ships return 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.

Eighthly, that they cannot be enforced to contribute seven thousand pounds to the furnishing out of a Ship of seven thousand Tunne, according to your Majesty's Officers estimation, when as they themselves would every way furnish one at the first for five thousand pound and less, and the next year for less than half the money, by reason of the remaining store.

Ninthly, that they cannot be enforced to give your Majesty after the rate of sixteen shillings or eighteen shillings the Tunne, by the month, for the hire of your Ships, when as they can hire other Ships for four or five shillings the Tunne a month, or under, and your Majesty allowed them no more for their Ships than four shillings a Tunne, when they were employed at Calais 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 do set out to Sea.

Tenthly, they ought not to be charged with any such Tax, unless those Officers and others whom your Majesty employs to guard the Sea, put in good security, and preserve your Subjects, friends, and Allies, from Pirates and others without damage and loss to any of them. And if any sustain any damage or loss as none ever did more in our memory, than the last year in the west Coasts by the Turks, to give them full satisfaction and damage, as those that undertook to guard the Seas at the Subjects charge were obliged to do, 5. Rich. 2. Stat. 2. cap. 3. the which is but just and equal.

Eleventhly, they conceive, that every Subject that is not a Seaman, is bound by the Law to provide Horse and other Arms for Land service, at their own 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 Mariners and Sea-men that are freed from Land service, Muster and Arms, ought only to be charged with the Sea-service, either out of their own proper Costs, if discharged of Tunnage and Poundage, or else upon your Majesty's, as they were in Matthew Paris, Anno 1213. cap. 224. Matthew 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 Arms only on Land, the other with Ships on the Sea only: when Philip of France intended to have invaded the Land, and deprived King John of his Crown, whom the Pope had injuriously deposed. Upon those grounds we humbly represent this to your Majesty's just and royal consideration. And we most humbly conceive the Tax of Ship-money is altogether unjust and unequal, 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 only in regard of the forenamed particulars, specified in the preceding Reasons, but of these also ensuing.

First, in regard of the greatness and excessiveness of these Charges and Taxes; the first to the Port Towns only for twenty seven Anno 1634. came in most Towns to fifteen Subsidies a man, and that the last year for forty seven Ships to all Counties of England and Wales, amounting to three or four Subsidies in every County or more, this present year for forty seven Ships to as much, all these payable at once, the highest Tax that ever was imposed on Subjects in this Realm, for ought we read in our Stories, and that in times of general peace, when the Subsidies of Tunnage and Poundage, of purpose to guard the Sea, by treble, if not six times greater than in Queen Elizabeth's, or any other Princes days before hers; and half of the Tax or less, as we shall be able to prove and make good, will furnish out the Ships set forth.

Secondly, the annual vicissitude of it for three years 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 posterity after us.

Thirdly, the inequality of taxing of it, in the first Tax ordinary Merchants charged, to pay, ten, twelve, fifteen, yea, twenty five pound, or more; when as diverse of your great Officers, Earls, and Lord's, who had forty times greater Estates and Annual revenues, paid but two, three, four, or five pound at the most. The last years Tax was rated accordingly in Cities and Corporations, where the middle and poor sort of people, paid more than the richest; and in the Country, where men are now rated by the acre; some Farmers pay more than the richest Knights or Gentlemen, and many poor men who have scarce bread to put in their mouths, are fain to sell their pewter, bedding, sheep, and stock to pay it; the like inequality is in this present year, and how the poor who made such hard shift the last year, can be able to discharge this, we 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 sickness, now live upon alms, and they that have means and wealth now by the means of want of trading, the charge of their families, and their seasements to relieve the poor, are become poor themselves, sitter to have relief, than to pay so heavy a Tax as this.

Fourthly, the abuse of some Sheriffs and Officers, in levying far more than is prescribed in the Writts, as in Lincolneshire the last year, and other places before.

Fifthly, the distreining of such Goods, Chattels, and other Commodities, for Ship-money, as are imported, not exported, whereas no goods, but of such as had Lands only, have been anciently charged with any Tax towards the guarding of the Seas, as appeareth in the several Acts of Tunnage and Poundage.

Sixthly, the ill guarding of the Seas against Turks and Pirates, notwithstanding the great Tax, more mischief 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 years, notwithstanding the Navy, than in many years 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 lieth against him, and he shall render all damage to the party. Your Majesty's Officers employed by you, undertook to secure the Sea this last year, yet when they knew the Turks were pillaging in the Western parts, they negligently or willfully left these Coasts unguarded to go Southwards, to pick a quarrel with the Hollanders Fishermen, or to draw them to a Composition, not having a Ship thereabouts to secure those Coasts, but two only 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 mischief, and took so many of your Subjects prisoners, to their undoing.

Seventhly, the general fear and jealousy which your poor Subjects have of an intention of your great Officers to the Crown, and the aiding of the Seas, a mere pretence to levy and collect it, which jealousy is grounded on these particulars.

First, the continuance of the annual Tax for three years together now in times of peace.

Secondly, the sending out of twenty seven Ships the last year by your Officers, when money was levied for forty seven, and the levy of money for forty seven Ships this year again, when not above twenty seven are to be set out: this year again for ought we hear of so many, if any be collected; for these twenty Ships more than are set out in the beginning of this project, they fear worse consequence in the sequel.

Thirdly, your Officers mis-informing your Subjects to buy their own Powder, Match, and Shot, Cording Stores, and other provisions afresh, the last year and this, with your full pay the first year, and then taken into your Majesty's store at the first and last return, and retaining the estimate as high the last year, 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 only abundantly sufficient to defend the Seas withal, into a mere Annual revenue, and laying the whole charge of guarding the Seas upon your Subjects notwithstanding. Now if the Tunnage and Poundage to guard the Seas withal, be already turned by them into a mere annual revenue, they fear these also will be so; the moity of the money collected, being not disbursed for the defense of the Sea, for which it is intended.

Fifthly, the speeches and mutterings of some of your Officers, who style it a duty and project, thereby to improve your Majesty's revenues, and for the greatest part of the moneys they make it so.

Sixthly, the stopping of some legal proceedings by Replevies or Habeas corpus, to bring the rightfulnesse or lawfulness of the Tax, to a fair, just, and speedy trial 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.

Seventhly, the levying this as a present supply by some of your great Officers, under color for guarding the Seas, of purpose to keep off a Parliament, wherein our particulars may be heard and redressed, and these Officers who have abused your Majesty's trust reposed in them, oppressed your people, and violated the just rights and liberties condignly questioned.

Eighthly, the diverse Corporations of Le. F. P. together with the Clergy men, Exchequer men, Church lands, ancient Demeasnes excepted from Dangilt, and all Taxes and Tallages by prescription or penal Charters, confirmed by Parliament; and many that have been privileged from paying of Subsidies, now burdened with this Tax, contrary to these Charters of exemption; which several grievances we most humbly submit to your Majesty's most wise and gracious Consideration.

Ninthly, Admit your Majesty might by your royal Prerogative, Impose the Tax, yet the manifold inconveniences ensuing thereupon, both for the present and future, which we shall here likewise in all humility represent to your Majesty's royal wisdom, may justly induce your Highnes to free us from this mischievous burden.

For first it causeth a general decay of trading, both by impairing most of the currant money of England, the means of trading, or by breaking and undoing, or casting many poor tradesmen, and those so far behind hand in the world, that they cannot recover themselves again.

Secondly, it causeth many Farmers in the Country to break, or hide their heads, or to give over their Farms, and makes everywhere such a multitude of poor, that in a short time, the rich will not be able to relieve them.

Thirdly, it procureth a great decrease and abatement in the Rent and prices of Land, and enhaunceth all other kind of common duties, and provisions, to such an extraordinary rate, as the poor will not be able to live, and subsist, nor the rich to keep hospitality, and train up their children to learning and services of Arms, to secure your Majesty, and Country, if this Tax should continue.

Fourthly, it stops the current of the Common Law of the Realm, by disabling men to prosecute their just suits, and to recover their rights, for want of means, which will breed much opposition and confusion, if not prevented.

Fifthly, it much discontents the minds, and dejects the spirits, and slackens the industry of most of your Subjects, and causeth many to leave the Kingdom, and to give over trading.

Sixthly, 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 war, and upon other needful, important, and necessary occasions; things considerable, lest that which the History of Great Britain, 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 Kingdom of all their Ships, Nobles of all their Carriage, the Commons of their Goods, and the Sovereign of his wonted respect, and reverence, and observance.

Seventhly, it makes our neighbor Princes jealous of us, moveth them to fortify themselves extraordinarily at Sea, more then otherwise they would have done, and to call in the Turks to annoy and infest us.

Eighthly, it much hinders traffic of Merchandize, and our Fishing, by employing diverse of our ablest Ships, Masters, Pilots, Mariners, and Fishermen for this service, who otherwise should and would have been employed in Merchants voyages and fishings.

Ninthly, it is like to bring in great insupportable burdens, and an annual and constant pay of above three if not four Subsidies a year 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 Custom and prescription, be the Taxes never so unjust and unreasonable; as the Prelates and Clergy themselves could jointly conclude in Henry the thirds time, in the Case of Taxes.

These most Gracious Sovereign, are the grounds and reasons we humbly represent to your sacred Majesty, against the Tax of Ship-money, set on foot, as we have just Cause to suspect, by such who aim more at their private lucre, and sinister ends, then at your Majesty's Honor and service, or your kindreds welfare; upon which we most humbly supplicate your Majesty to be exonerated of it, since for the premised reasons, we neither can nor dare contribute anymore to it. Now because these men who have put your Majesty upon these projects, pretend some ancient president for the lawfulness of this Tax for the Ship-money, thereby to induce your Majesty, whose Justice and integrity they know is such, as will never consent to any the least taxations, unjustly to oppress your Subjects withal, contrary to the just rights and liberties confirmed by your Majesty, and your own Laws, to impose it, and exact it as a just duty, and lawful tallage, we shall here for the opening of the unlawfulness of it, give a brief Answer to the chiefest of these presidents, which they produce and suggest to your Majesty, to manifest the illegalities of it. In general, we give this Answer to all the presidents they produce to justify this Tax.

That there is no direct president in point of Law, to compel the Subjects to find Ships to guard the Seas, or if there be any one such president, yet that never ruled, neither was adjudged lawful upon solemn debate, either in Parliament, or any other Court of Justice.

Secondly, the presidents produced that have any color at all to prove the Tax just and legal 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 only in times of war, and open hostility, not of peace, as now, this will sufficiently answer all presidents that can be produced.

Fourthly, that they were only either in times of wars, and open hostility, or that they were by assent in Parliament, or else withstood, and complained of, as grievous if otherwise.

Fifthly, that they were only for suppressing and taking off Ships upon the Kings hire, and wages, not for setting out of Ships on the Subjects proper Costs, or else for stay of Ships for a time, and so impertinent to the Case in question.

Sixthly, that these presidents were not annual, or for sundry years together, but rare, once perchance in an age, and that on special occasions, in time of eminent danger, and will not prove pertinent, if duly examined.

These general Answers now premised, we shall descend to the most material particular presidents, the answering which alone will clear all the rest.

A main president they insist on, is that ancient Tax of Dangilt, they say the same was lawfully imposed by his Majesty's royal progenitors on his Subjects by mere royal authority without act of Parliament, to defend the Seas and Realm against the Danes. Therefore his Majesty may now impose on his Subjects the like Tax by his royal Prerogative.

To this objected president we answer, that there was a double kind of tribute, called Dangilt, memorized in our Chronicles, and Writers. The first Wigorniensis, and Matthew 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. Flood. An. pa. 10. 428. Rastalls terms 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 himself 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 fourteen thousand pound, Anno 1607. to 300. out of Kent alone Anno 1012. to twenty eight thousand pound, Anno 1014. so Matthew of Westminster and others write, that Ethelbert at five several times paid the Danes 113000. pounds, and there was granted to him an annual 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 slain at Worcester in gathering up this exonerable tribute and importable, as Matthew of Westminster, and Malmesbury term 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 midst of his Nobles, as our Historiographers report. Nay, the Dangilt, which may be so termed because it did gelt much and pare men's estates, and emasculated their spirits, hath no Analogy with this Tax of Ship-money.

For first it was not paid to a King, but to a conquering Enemy.

Secondly, it was paid by the King himself, as well as by his Subjects, and that not as a debt or duty, 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 paid by the joint 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 Peers in Parliament.

Fifthly, it was paid to save and ransom their lives and liberties from a conquering Enemy, not to a Gracious Prince, to secure them from an Enemy.

Sixthly, it was then thought and called by all our Historians an Intolerable grievance and oppression; which as Speed saith in his History of Great Britain, lib. 7. cap. 44. sect. 147. and others, emptied all our Land of all our Coine in the Kingdom. Therefore in all these respects, no warrant at all of the lawfulness 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 Laws, Cap. 28. by that famous grand Inquest of twelve of the principal men out of every County of England, appointed by William the Conqueror in the fourth year of his Reign, as Howden, pag. 602. 603. Dangilt was enacted to be paid by reason of Pirates infesting the Country, who ceased not to waste it all they could. To repress this their Insolency, it was enacted that Dangilt should be yearly rendered, to wit, one shilling out of every Plough land throughout England, to hire those that might resist or prevent the occasion or eruption of Pirates. The black Book 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 certain perpetual Rent, two shillings should be paid to the use of Valiant men, who had diligently and continually should guard the Sea Coasts, should repress 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 far from warranting of the lawfulness 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 people's consent, as Tunnage and Poundage hath been since.

This is evident by the Laws of the Confessor, Et ad eam insolentiam reprimendam, statutum est dare geldum, reddi conjunctim, &c. If therefore at first enacted to be paid yearly one shilling out of every hide of Land, to find 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 less to such a Writ as now issueth, could make no such Act or annual Law.

Secondly, by this the black Book 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 only to enact Laws, and the Laws then enacted are said to be the Kings Laws 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 certain perpetual Law, and paid by an annual Law, as by this Exchequer Record appears, then certainly by an Act of Parliament.

Thirdly, by an addition to the Laws of King Edward the Confessor, Cap. 12. cited in Howden likewise, Annalium posteriorum pag. 603. which saith that every Church wheresoever situated is exempted from this Tax, until the days of William Rufus, because they put more confidence in the prayers of the Church, than in the defense of Arms, 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 gain and retain Normandy, which they did grant unto him only for their present necessity, but did not annually establish and confirm the grant of four 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 seems most apparent, that Dangilt and this Tax succeeding in lieu of it, and then taken by grant, was first granted by Parliament, and that then no such Tax could be imposed by Kings, even in times of war and necessity, to regain and preserve their proper Inheritance, but by Parliament.

Fourthly, by Sir Henry Spilman in his authorized Glossary, 1626. title Dangelt, pa. 2009. 201 M ^r . Selden in his Mare clausum, 1636. dedicated to your Majesty, and published by your Majesty's special command, 6. 2. cap. 11. 15. who both include to this opinion, that the Dangelt was most imposed by royal authority, but given by the people's full consent in Parliament, and that the taxes which succeeded were not annually granted nor paid, but only in time of War, sc. Consult. etiam magnatibus & Parliament. secundum authoritatem, the advice of the great men of the Kingdom and by the authority of Parliament. If then this tax of Dangelt to defend the Seas was granted and imposed by Parliament only with these taxes that succeed it, not by the Kings royal prerogative without a Parliament: This tax for the Shipmoney also ought to be thus imposed, and not otherwise even by thief present Examples.

Secondly, the Dangelt was not imposed or enacted in times of Peace, but if War ceased, the tax also ceased in point of Law, and it is Justice according to the Law and Philosophers rule, cessante causa, cessat effectus, that the tax lasted and was granted, and lawfully taken, only during the wars with the Danes, is most apparent by the fore-recited orders of Edw. the Confessors Laws, cap. 12. by the black book of the Exche{que} lib. 1. cap 11. which adds moreover, that when the land had the tax being under W ^m . the Conqueror, 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 only in time of foreign Wars, not in days of peace, we have neither open War nor any opinion nor eminent fear of Wars with any enemy, or foreign danger, but a direct president against it, we being now in peace with all our neighbors,

Thirdly, the Dangelt though granted by Parliament, when it begun to be usurped as an annual duty by the Kings of England, and that in times of peace, as well as War, was complained of as an insufferable Grievance, and thereupon formerly released to the subject by four several 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 yields not her fruits after her accustomed fertility, but devoured divers of her Inhabitants with Famine, Insomuch that many thousands of men died for want of Bread, the most pious King Edward the Confessor moved with pity towards his people Tributum graviss. the Dangelt dict, or by Angl. imperpetuum relaxavit, forever released to England the most grievous tax called Dangelt; some add and report, that when his Lord Chamberlain had brought the Dangelt then collected into his Bed-chamber, and carried him in thither to see so great a heap of Treasure, the King was agast at the very sight of it, protesting that he saw a Devil dance upon the great pile of money, and triumphing with overmuch Joy; whereupon he 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 Majesty now to imitate in these days of Plague and penury, qui enim in perpetuum remisit; To wit, in the 28 year from that time that Swanus King of the Danes commanded it yearly to be paid 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 Britain, 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 soldiers 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 cruel and heavy taxation, and restoring that money collected by it, to his eternal Honor, we hope his Majesty's gracious Successor can or will alter that which hath been discontinued 600 years and upwards, & can renew it by your prerogative as a lawful duty, but rather forever to remit it, and restore the money collected as he did.

Secondly, it was released by W ^m the Conqueror from requiring it, there was the like tax for a time imposing a tax of 6s. on every Hide of land toward the payment of his soldiers as a Conqueror, 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 tax of Dangelt but only in time of war, as appeareth by the black book in the Exchequer formerly cared, which writes thus: Ipse nam{que} regnat tam diu quam terrae maris{que} 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 ration igitur temporibus ejus, or rather never for ought appears 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 annual payment of it in time of peace, as unjust and unreasonable and against the primitive institution of it, and demanding it only in time of war, your Majesty coming to the Crown by lawful succession and Inheritance, not by an absolute conquest as he, ought much more to release, and by no means to demand any such tax in times of peace.

Thirdly, it was released by King Hen. 1. who as in the beginning of his reign Spilmans Glossary, pag. 200 201. exempted the Charter of London, and all Knights by his great Charter from Dangelt, to wit 12 ^d out of every hide land, or other land, which tax it seems by his laws, cap. 16. was granted to him in Parliament, so he 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 unto Englishmen the Dangelt that was by his Father removed, to wit, by a grant in Parliament, as appears by Edw. the Confessors laws, cap. 12. the laws of H. 1. stat. cap. 16. Hovedens annual parte posteriori, pa. 603. Spil. Glossary, pa. 200 201. and he released it, then also we hope your Majesty cannot in Justice renew it or the like tax 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 Lord's at Oxford, that he would forgive Dangelt as King Henry before him had done, and that Anno 1136. he coming to Oxford confirmed the Covenant which he had made to GOD, the people, and holy Church in the day of his Coronation, the last clause whereof was this; that Dangelt, Idest duos solidos quos antecessores sui accipere soliti sunt in Aeternum condonoret, this he would forever, that is two shillings of every Hide land which his Ancestors were accustomed to receive, and though Howden lay the brand of Perjurie on him. Hac principaliter Deo venit & alia sed nihil horum servavit; Yet we neither find nor read in our Record or Chronicles, that this tax 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 Realm, Et Parliamenti authoritate, for so that homo antiquar. Sir Henry Spilman concludes in his Gloss, pag. 201.

Being thus forever released as an intolerable Grievance and exaction by these four several Kings, and discontinued full 500 years and not revived. We 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 Honor, Law, or Justice be revived, or imposed on Us by your Majesty now, and that this Tax is successfully released as a Grievance though at first granted by Parliament, can be no president to prove the lawfulness of this present Tax, but a most pregnant Evidence against it, having no continuance or allowance at all from any Parliament as Dangelt had.

Fifthly, admit that the tax of Dangelt were not imposed by Parliament but only for Regal power, and that lawful in these ancient times, as is pretended, all which we have manifestly proved void; yet it is no Argument at all to prove the lawfulness of this present tax of Shipmoney and that in these respects.

First, that Dangelt was first imposed in time of War and destruction before the government of the Kingdom was settled by good laws; therefore no president for this in time of Peace, nor in this settled estate of the Realm, so long continued in wholesome Laws.

Secondly, it was before any extant Statutes made against the imposing of any Tax, tallage, aide, or benevolence, without common consent of the Lord's spiritual and temporal, 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 subsidy 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 certain first 1s. afterwards, 2s. every hide land, and that certainly limited, this arbitrary and incertainly now, rated by any Parliament.

Fifthly, that was only charged upon lands, not goods, this on goods, and those that have no lands.

Sixthly, it was not always annually paid, but in times of wars, as Spil. Glossary, pa. 200 and diverse others fore-recited authors have it thus:

Now for 3. years together in time of peace, in these respects therefore we humbly declare unto your Majesty that this principal president of Dangelt is no warrant of all for lawfulness of this tax of Shipmoney, but a clear and undeniable authority against it, in answering whereof we have deseated and cleared, 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 Danes invaded the Realm with two Navies having prepared a Navy to set it to Sea, took one of the Enemies ships, and put six more to flight, Anno 877. the enemies then increasing 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 several parts of the Realm 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 vnumquem{que} 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 do the like.

To these presidenrs we answer.

First, that they are only in time of open War, and invasion by enemies for the Kingdoms necessary defense, not in times of peace.

Again the three first of them are only that the King provided a Navy, commanded ships to be built through the Kingdom, to guard the Seas, and encounter the enemy as well by Sea as by Land, but speaks not that this was done at the subjects own 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 ten Acres; but saith not, that this command was not by the King absolute power only, for it might be by common consent in Parliament agreed upon, for ought appears, or that this command was just, and lawful; neither doth he inform us that they were built: Wigorniensis, Anno 1008. adds that they were accordingly prepared, and that the King put these soldiers into them with Victuals, that they might defend the Coasts of the Kingdom from the incursion of Forreyners, so that the subjects were not only at the charge of the building of the ships, the King for the Uictuals, Mariners, soldiers, and wages, and in truth when all was done, they had but bad success, for the same Historian saith, that a great storm 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 only to build ships in the case of necessity for defense of the Realm, where there wanted ships to guard it, but now (thanks 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 Tax to set out ships built at ours.

Fourthly, the charge was certain, and equal every hide land, being equally charged; this altogether uncertain and unequal.

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 only 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 do it without the common consent.

Seventhly, that was no annual charge put on the subjects, as that now, but extraordinary, not drawn into practice since, for ought that appears, therefore differeth from this Tax of Ship-money.

Eighthly, no corporation, or goods, were then charged but only lands, and all were ruled by the land they held, therefore this extēds not to justify the tax of ship-money, which is laid upon Corporations, Goods, and such as have no Land at all.

Ninthly, no man was enjoined 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 men's goods, who now refuse to pay the tax, for that of Hardicanutus not to be just, and lawful, but an illegal, and tyrannical 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 no hereditary Prince, but a foreign Danish Tyrant who died in drink amidst his cups very shortly after, as all our Historians Record, be made or deemed a just and lawful president for your Majesty row to follow (God forbid.)

Thirdly, we answer that all these presidents were before the government of the Kingdom was settled, before any Charter, or other Statutes against Taxes, and tallages, loanes, aids, 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 lawful against the subjects, and therefore not binding poor 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 appliable to all, and each of these, and that making clear nothing for this tax, as we have manifested, these presidents must do the like.

The chief and most pertinent of all other since that of Dangelt, is that of King John, 1213. who being injuriously deprived of his crown and Kingdom at Rome by the Pope: at the earnest solicitation of that arch Traitor Stephen Langton, Archbishop of Canterbury, William Bishop of London, and the Bishop of Eli, these Prelates departing from Rome, went into France, and there conspired with the Bishops, and King Philip of France against their own Sovereign; they then solemnly published the deposition and sentence of the Pope given against him at Rome, and then in the behalf of the Pope, they enjoined as well the King of France, as all other men, as would obtain remission of sins: that uniting themselves together, they would all go into England, in an hostile manner, and depose King John of his Crown and Kingdom, and substitute another worthy man in his stead by the papistical authority, when as the Apostles never deposed any Princes of their Crown and Kingdom, but commanded all to fear, 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 Navy to invade England both by Sea and Land, to depose King John, and to get the Crown of England to himself. King John having perfect intelligence of all these things, in the month 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 adjoining, that Mat. Westm. 1213. pa. 90. relates the story, Mat. Paris adds this unto, that the King in the Moneth of March, caused all the ships out of the Ports of England to be in readiness, by his Writ which he directed to all the Bailiffs of the Ports in these words.

Johannes Rex Angliae, &c. praecipimus tibi quatenus visis istis literis ease 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 & been armatis qui ituri sunt in servitium nostrum, ad liberationes nostras & tum habeas ibi memoriter & distinct 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 Sheriffs of this Kingdom, in this form. Johannes Rex Angliae, &c. Summoniens per bonos summonitores Barones, milites, & omnes liberos homines & servientes vel quicun{que} 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 been 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 formal 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 days there wanted victuals for so great a multitude, the chief Commanders of the Wars sent home a great company of the unarmed vulgar, retaining only the Knights, their servants, and free-men, with the slingers, and Archers near the Sea Coast; moreover John Bishop of Norwich, came out of Ireland with 500 soldiers, 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 soldiers, 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 defense of their Country: there had not been a Prince under heaven, against whom the King of England might not have defended himself safe: Moreover, if the King of England resolved to join in battle at Sea with the Adversaries, that they might drown them in the Sea before they could land; for he had a greater Navy then, then the King of France, whence he 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 clear and take off the edge of this Prime president, in answering which, since all things will be cleared from these Writs, to press and provide ships; your Majesty's Officers would infer the lawfulness 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 Subsidy, Tonnage or poundage to guard the Sea, the statutes are against them.

Secondly, it was only directly in Port-towns, 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 Kingdom at this pinch and extremity at Sea, but these Writs reach to all, as well those that have no ships as others.

Fourthly, it was only to furnish out their own 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 been. 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 own ships at his best rates, with his own provision and Mariners, this quite otherwise.

Sixthly, though the Mariners and Owners of the ships were by this Writ to furnish ships at their own 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 War, or Carriage, these were the words, Iterum in servitium nostrum ad liberationes nostras, which imply a Constancy as in all like Cases, yea of your Majesty who now pay wages, and freight for all the Mariners and Merchants ships, your press 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 own proper costs and charges, but point blank against it.

Seventhly, this president makes it evident that those who are bound by their Teunres, Lands and Laws of the Kingdom to serve the King, and defend the Kingdom by Land, as all the horses, foot, Train'd Bands, and Companies throughout England, neither have been ought to be charged with any Sea-services, for here all the Land men are charged to serve the King, and defend the Kingdom by Land, and these Sea-men only by Sea, neither of them enforced to serve or contribute to any service or defense both by Sea and Land, for that had been 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 only are to gùard the seas with such ships as they have, and no other, upon your Majesty's pay, therefore these Writs which charge Land-men to contribute to the setting out of ships, are directly against these Presidents, and the Laws, and practice of these Laws.

Eighthly, These Land men that were not bound by their Tenures, and Lands to fine, and yet were able to bear Arms, were to receive the Kings pay, and not to serve gratis even in this necessary defense of the Kingdom, 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 do 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 do 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 here deprived of his Crown and Kingdom, 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 Crown, and Kingdom, this extraordinary sudden Exigent put the Kingdom 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 proof at all of the lawfulness of this Tax.

Tenthly, it was in a time of open, and eminent War, and danger, only upon invasion ready to be made upon the Realm by a foreign Prince, and Enemy both by Sea, and Land, therefore no proof of the lawfulness of the present Writs and Taxes in time of peace. For instance,

First, Marshall Law may be executed and exercised by your Majesty's Commission and Prerogative in time of War, 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 War, might compel trained soldiers and others out of their own Counties to the Sea coast, or other parts, for the necessary defense of the Realm, but this they cannot do in time of Peace. 1. E. 3. 4. 5. Parliament. M. Ca. 3.

Thirdly, the Kings of England, in time of foreign Wars, might by their Prerogative Royal, seize the Land of all Priors, Aliens, when they were extant in England, but that they could not do 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 Wars with Scotland, they might lawfully demand, receive, and take Escuage of their subjects, and so did other Lord's of their Tenants, but in times of peace, they neither did, nor could do 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 only in the time of War, and not of peace; as appears by the Premises.

Sixthly, subsidies and aides in former times were not demanded by KINGS, nor granted in Parliament by the subjects, but in time of War, or to defray the debts of the Prince, contracted by the Wars, 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 War, not in days 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.

Eighthly, by the custom of Kent, and the common Law, not only the KINGS of ENGLAND, but their Subjects too, may justify their entry into another man's ground, and the making of Bulwarks and entrenchments therein of defense, or offense of the Enemy in time of War, which they cannot do in time of Peace. 8. Ed. 4. 73. Bro. Custom 45. and trespass 406.

Ninthly, in times of War, men may justify the pulling down of Houses, and Suburbs adjoining to a Fort, or City, for their better defense and safety, but they cannot do it in time of Peace. 14. H. 8. 16. Bro. trespass. 406.

Tenthly, Your Majesty's Royal Progenitors, might appoint Merchants and others, in time of Wars for your Armies, and Forts, without Commission, not only in time of peace. 14. E. 3. 2. 19.

And so might Lord's and Knights give Liveries in time of War, but not in peace. 17. H. 4. Ca. 14. 8. H. 6. Ca. 4. 1. H. 4. Ca. 7. by these ten Cases then to omit others,

It is apparent, that there is a vast and infinite difference in one, and the self-same Act in time of War, and of peace, that the same Act may be lawful in time of Hostility; yet utterly unlawful in the days of peace, this President is no Argument of the lawfulness of this Tax, nor any others of like nature that can be objected, being only in time of War to prove the tax of Ship-money, nor yet for pressing Ship-vales for carriage, and other special service upon hire, and your Majesty's own 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 ten fore-cited Cases do evidence. For any other pretended president that may be alleged to prove the lawfulness of this Tax we intend for brevities sake here not to trouble your Majesty 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 we have cleared them point blank against those Writs and Taxes for Ship-money.

These, our most gracious Sovereign, are the Grounds, Reasons and Authorities on the one hand, and Replies on the other: whereupon we humbly conceive these Writs and Taxes of Ship-money wherewith we have lately been, and yet are grievously burdened, to be directly contrary to the Laws and Statutes of this your Realm, and the ancient Just hereditary Rights and Liberties of your poor Subjects, and an intolerable Grievance and oppression to us all, which we here in all humbleness submit to your Highness most just, and mature consideration, not doubting but your Majesty, 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 dutiful Remonstrance which we in all Humility, together with our selves prostrate at Your Royal feet, will alter Your royal Judgment of this Tax, and conclude it to be against the Laws, and our Rights and Liberties, we almost assure our selves, that your Majesty's most Honorable privy Counsel, with the Reverend sage Judges of the Common Law, if seriously charged on their Allegiance to your Majesty's Highness without fear, or flattery what they conceive of the lawfulness 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 Counsel learned in the Laws, ready to debate it more amply, if this short Remonstrance be not satisfactory, with our Council may be fairly and indifferently heard in all your Majesty's Courts of Justice where this Point shall be drawn in question by us if occasion require, truly informing Your Majesty, that they concur in Judgment with us in these, that these Writs and Taxes are against the Laws and Statutes of this your Realm, the ancient Rights and Liberties of us Your Subjects, which we know and are assured Your most Gracious Majesty will inviolably preserve considering your promised Oath, and Regal 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 royal Fathers Speech of blessed memory to all the Nobles, Commons, and people in the Parliament house, Anno 1609. twice Printed for an eternal monument of his Goodness, and real Justice by his special Command, both by it self, and in the large Volumes of his peerless Works: That a King Governing in a settled Kingdom leaves to be a King, and degenerates into a Tyrant so soon as he leaves to Rule by his Laws; Therefore, all Kings that are not Tyrants or perjured, will be glad to bound themselves within the limits of the Laws, and they that persuade 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 Majesty, out of your Princely goodness and Justice since by the great God of Israel commanded, he that rules over men must, and ought to be just, ruling in the fear of God, and we all know and believe your Majesty to be such a Ruler set upon God's own Throne over us your people, for that purpose, to do Justice and Judgment to all your loyal Subjects, in all Cases whatsoever, especially such as are most public, and of greatest Consequence to your people's woe or weal, to exonerate Us your true hearted, dutiful Subjects from these your Royal writs, and heavy Taxations, which we neither can, nor dare any longer contribute to, for the premised Reasons. And we, as our Common duty ever obligeth Us, shall persevere to pray for your Majesty long to continue a most just, and gracious Prince over us to our joint and several comforts, and to Your own eternal Honor, in the surviving monuments and Annals of your Fame.