Obj.
The Statute of Tunnage and Poundage is for the Defence of the Sea. That Tunnage and Poundage must pay all the Charges the King can be at, that it is enough to make a Stock for the Kingdom: And that though this be not now granted to the King, yet it is taken de facto.
I answer: My Lord chief Baron knows, that the granting of Tunnage and Poundage doth not stay for a Parliament. In the Petition of Right the King hath expressed He cannot want it: And when the King dies to whom it is granted for Life, the Successors have taken it both before, and un∣til it be granted unto them. And for the words, 1. Jac' penned by the Commons: 1. It recites, That all others the Kings Right, Noble and Fa∣mous Progenitors, Kings of England time out of mind, have had Tunnage and Poundage, I can∣not say this is altogether true of Tunnage and Poundage, but of Customs time out of mind; So if the Kings of England have had it time out of mind, it is a Right for it time out of mind. They say it is for the Defence of the Realm: The very words of the Statute are, Towards this great loss and charges, which may be laid out by the King. And saith further, Although the same do nothing counter∣vail the great Charge of your Majesty.