in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death, according to the law martial: By pretext whereof, some of your Majesty's subjects have been by some of the said Commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been, adjudged and executed: And also sundry grievous offenders by colour thereof, claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused, or forborne to proceed against such offenders according to the same laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid, which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm: They do therefore humbly pray your Most Excellent Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by Act of Parliament; and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as is before-mentioned, be imprisoned or detained; and that your Majesty will be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the foresaid commissions for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchise of the land. All which they most humbly pray of your Most Excellent Majesty, as their rights and liberties according to the laws. and statutes of this realm: and that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example: and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you, according to the laws and statutes of this realm, as they tender the honour of your Majesty, and the prosperity of this kingdom. [The King's first answer, June 2, 1628: The King willeth that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself as well obliged as of his prerogative. The King's second answer, June 7, 1628: Soit droit fait comme il est désiré.] (Ed. from Statutes of the Realm, V, 24.) 156. The First Writ of Ship-Money Rushworth The Petition of Right did not put an end to the illegal extortions of Charles I. Among other expedients, he ordained a revival of the old law which compelled coast cities and counties to send ships at the call of the king. But the demand of Charles, in the hands of Lord Keeper Finch, extended to inland cities as well. As these could send no ships, and as the lesser maritime towns could not send vessels of the size required by the king, provision was made that in these cases a money equivalent was to be rendered. In October, 1664, the first writs of ship-money of which an example is given below were issued. There was some opposition, but the expedient proved successful until successive writs in time of peace convinced the people that the king was using the money at the royal pleasure instead of for the defense of the nation. John Hampden headed the opposition which then became general, and the matter was taken to the Court of Exchequer, where the venal judges gave judgment for the king. The royal victory weakened the power of the crown as it exposed the subserviency of the Bench to the wishes of the Crown. To the Mayor, commonalty, and citizens of our city of London, and to the sheriffs of the same city, and good men in the said city and in the liberties, and members of the same, greeting: Because we are given to understand that certain thieves, pirates, and robbers of the sea, as well Turks, enemies of the Christian name, as others, being gathered together, wickedly taking by force and spoiling the ships, and goods, and merchandises, not only of our subjects, but also the sub jects of our friends in the sea, which hath been accustomed anciently to be defended by the English nation, and the same, at their pleasure, have carried away, delivering the men in the same into miserable captivity: and forasmuch as we see them daily preparing all manner of shipping farther to molest our merchants, and to grieve the kingdom, unless remedy be not sooner applied, and their endeavours be not more manly met withal; also the dangers considered which, on every side, in these times of war do hang over our heads, that it behoveth us and our subjects to hasten the defence of the sea and kingdom with all expedition or speed that we can; we willing by the help of God chiefly to provide for the defence of the kingdom, safeguard of the sea, security of our subjects, safe conduct of ships and merchandises to our kingdom of England coming, and from the same kingdom to foreign parts passing; forasmuch as we, and our progenitors, Kings of England, have been always heretofore masters of the aforesaid sea, and it would be very irksome unto us if that princely honour in our times should be lost or in any thing diminished. And although that charge of defence which concerneth all men ought to be supported by all, as by the laws and customs of the kingdom of England hath been accustomed to be done: notwithstanding we considering that you constituted in the sea-coasts, to whom by sea as well great dangers are imminent, and who by the same do get more plentiful gains for the defence of the sea, and conservation of our princely honour in that behalf, according to the duty of your allegiance against such attempts, are chiefly bound to set to your helping hand; we command firmly, enjoining you the aforesaid Mayor, commonalty and citizens, and sheriffs of the said city, and the good men in the same city and in the liberties, and members of the same, in the faith and allegiance wherein you are bound unto us, and as you do love us and our honour, and under the forfeiture of all which you can forfeit to us, that you cause to be prepared and brought to the port of Portsmouth, before the first day of March now next ensuing, one ship of war of the burden of nine hundred tons, with three hundred and fifty men at the least, as well expert masters, as very able and skilful mariners; one other ship of war of the burden of eight hundred tons, with two hundred and sixty men at the least, as well skilful masters, as very able and expert mariners: four other ships of war, every of them of the burden of five hundred tons, and every of them with two hundred men at the least, as well expert masters, as very able and skilful mariners and one other ship of war of the burden of three hundred tons, with a hundred and fifty men, as well expert masters, as very able and skilful mariners: and also every of the said ships with ordnance, as well greater as lesser, gunpowder, and spears and weapons, and other necessary arms sufficient for war, and with double tackling, and with victuals, until the said first of March, competent for so many men; and from that time, for twenty-six weeks, at your charges, as well in victuals as men's wages, and other things necessary for war, during that time, upon defence of the sea in our service, in command of the admiral of the sea, to whom we shall commit the custody of the sea, before the aforesaid first day of March, and as he, on our behalf, shall command them to continue; so that they may be there the same day, at the farthest, to go from thence with our ships, and the ships of other faithful subjects, for the safeguard of the sea, and defence of you and yours, and repulse and vanquishing of whomsoever busying themselves to molest or trouble upon the sea our merchants, and other subjects, and faithful people coming into our dominions for cause of merchandise, or from thence returning to their own countries. Also we have assigned you, the aforesaid Mayor and Aldermen of the city aforesaid, or any thirteen, or more of you, within thirteen days after the receipt of this writ, to assess all men in the said city, and in the liberties, and members of the same, and the landholders in the same, not having a ship, or any part of the aforesaid ships, nor serving in the same, to contribute to the expenses, about the necessary provision of the premises; and to assess and lay upon the aforesaid city, with the liberties and members thereof, viz. upon every of them according to their estate and substances, and the portion assessed upon them; and to nominate and appoint collectors in this behalf. Also we have assigned you, the aforesaid Mayor, and also the Sheriffs of the city aforesaid, to levy the portions so as aforesaid assessed upon the aforesaid men and landholders, and every of them in the aforesaid city, with the liberties and members of the same, by distress and other due means; and to commit to prison all those whom you shall find rebellious and contrary in the premises, there to remain until we shall give further order for their delivery. And moreover we command you, that about the premises you diligently attend, and do, and execute those things with effect, upon peril that shall fall thereon: but we will not, that under colour of our aforesaid command, more should be levied of the said men than shall suffice for the necessary expenses of the premises; or that any who have had levied money for contribution to raise the aforesaid charges, should by him detain the same, or any part thereof; or should presume, by any manner of colour, to appropriate the same to other uses; willing, that if more than may be sufficient shall be collected, the same may be paid out among the contributors, for the rate of the part to them belonging. Witness myself, at Westminster the twentieth day of October, in the tenth year of our reign. (Rushworth's Collection, ed. cit., II, 257.) 157. Ship-Money declared Illegal (17 CAR. I, C. 14, 1641.) Statutes of the Realm The injustice of the practice of levying ship-money and the prostitution of justice to be an instrument of the king's will had never ceased to be a source of irritation and complaint. To this discontent Charles was indifferent, but the people watched and worked for the opportunity to right the wrong. In the Long Parliament the act given below was passed. It is important not only because it abolished one illegal tax and annulled the judgment of the Exchequer Court against Hampden as contrary to the laws and statutes of the realm, the right of property, the liberty of the subject, and the Petition of Right, but also because it completed the long line of statutes that deprived the Crown of the power of arbitrary taxation. AN ACT FOR THE DECLARING UNLAWFUL AND VOID THE LATE TOUCHING VACATING OF ALL RECORDS AND PROCESSES CONCERNING THE SAME Whereas divers writs of late time issued under the Great Seal of England, commonly called Ship-writs, for the charging of the Ports, Towns, Cities, Boroughs, and Counties of this realm respectively, to provide and furnish certain ships for His Majesty's service; and whereas upon the execution of the same writs and returns of certioraries thereupon made, and the sending the name by Mittimus into the Court of Exchequer, process hath been thence made against sundry persons pretended to be charged by way of contribution for the making up of certain sums assessed for the providing of the said ships; and in especial in Easter Term in the thirteenth year of the reign of our Sovereign Lord the King that |