Poundage, one of the chiefest maintenances of my Crown, by alleging I have given away my right thereto by my answer to your Petition :

This is so prejudicial unto me, that I am forced to end this Session some few hours before I meant, being not willing to receive any more Remonstrances, to which I must give a harsh answer. And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition, lest it be worse interpreted in the country, I will now make a declaration concerning the true intent thereof:

The profession of both Houses in the time of hammering this Petition, was no ways to trench upon my Prerogative, saying they had neither intention or power to hurt it. Therefore it must needs be conceived that I have granted no new, but only confirmed the ancient liberties of my subjects: yet to show the clearness of my intentions, that I neither repent, nor mean to recede from anything I have promised you, I do here declare myself, that those things which have been done, whereby many have had some cause to expect the liberties of the subjects to be trenched upon, which indeed was the first and true ground of the Petition, shall not hereafter be drawn into example for your prejudice, and from time to time; in the word of a king, ye shall not have the like cause to complain: but as for Tonnage and Poundage, it is a thing I cannot want, and was never intended by you to ask, nor meant by me I am sure to grant.

-

To conclude, I command you all that are here to take notice of what I have spoken at this time, to be the true intent and meaning of what I granted you in your Petition; but especially, you my Lords the Judges, for to you only under me belongs the interpretation of laws, for none of the Houses of Parliament, either joint or separate, (what new doctrine soever may be raised) have any power either to make or declare a law without my consent.

192. Protest of the House of Commons

(162, March 2. Rushworth, i. 660. Gardiner, 82, 83.)

1. WHOSOEVER shall bring in innovation of religion or by favour or countenance seem to extend or introduce Popery or Arminianism, or other opinion disagreeing from the true and orthodox Church, shall be reputed a capital enemy to this Kingdom and Commonwealth.

2. Whosoever shall counsel or advise the taking and levying of the subsidies of Tonnage and Poundage, not being granted by Parliament, or shall be an actor or instrument therein, shall be likewise reputed an innovator in the Government, and a capital enemy to the Kingdom and Commonwealth.

3. If any merchant or person whatsoever shall voluntarily yield, or pay the said subsidies of Tonnage and Poundage, not being granted by Parliament, he shall likewise be reputed a betrayer of the liberties of England, and an enemy to the same.

directed to city of London

193. First Writ of Ship-money

(1634. Rushworth, ii. 257. Gardiner, 105-108.)

AROLUS REX, &c.

CARO

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 subjects 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 anything diminished. And although that charge of defence which concerneth

Ports agreed to furmick these ships.

olll maxion taken out of Roman Law.

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 Ports-
mouth, 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 skil-
ful 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 vanquish-
ing of whomsoever busying themselves to molest or trouble upon
the sea our merchants, and other subjects, and faithful people com-
ing 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,

Some of little port, could not furnishs ships- but could
1
the money instead of ships_ all y inland
to furnish shipp-money.
and can on the any time whethe in wan

quis

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 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.1

194. The Answer of the Judges in the Matter of Ship-money

(1637, February 7. Rushworth, ii. 355. Gardiner, 108, 109.)

CAROLUS REX

When the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, whether may not the King, by writ under the Great Seal of England, command all the subjects of our kingdom at their charge to provide and furnish

1 In 1635 the writs were extended to the inland counties.

such a number of ships, with men, victuals, and munition, and for such time as we shall think fit, for the defence and safeguard of the kingdom from such danger and peril, and by law compel the doing thereof, in case of refusal or refractoriness: and whether in such a case is not the King the sole judge both of the danger, and when and how the same is to be prevented and avoided?

May it please your Most Excellent Majesty,

We have, according to your Majesty's command, every man by himself, and all of us together, taken into serious consideration the case and question signed by your Majesty, and inclosed in your royal letter; and we are of opinion, that when the good and safety of the kingdom in general is concerned, and the kingdom in danger, your Majesty may, by writ under the Great Seal of England, command all your subjects of this your kingdom, at their charge to provide and furnish such a number of ships, with men, victuals, and munition, and for such time as your Majesty shall think fit for the defence and safeguard of this kingdom from such danger and peril : and that by law your Majesty may compel the doing thereof in case of refusal, or refractoriness and we are also of opinion, that in such case your Majesty is the sole judge both of the danger, and when and how the same is to be prevented and avoided.

no more than 3 pas, haft interny luturas Parl. 195. The Triennial Act

(164, February 15. 16 Charles I. c. 1. 5 S. R. 54. Gardiner, 144-155.)

I. WHEREAS by the laws and statutes of this realm the Parliament ought to be holden at least once every year for the redress of grievances, but the appointment of the time and place for the holding thereof hath always belonged, as it ought, to His Majesty and his royal progenitors: and whereas it is by experience found that the not holding of Parliaments accordingly hath produced sundry and great mischiefs and inconveniences to the King's Majesty, the Church and Commonwealth; for the prevention of the like mischiefs and inconveniences in time to come: