The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

Object. But he hath objected the old Customs and petty Customs, Tunnage and Poundage, of the legality of taking it, he will not speak. If the King doth impose it on Merchants, he need not take it of other Subjects. Duties to the King in this year 11. were 300000 l. and that Tunnage and Poundage was granted for ordinary and ex∣traordinary defence, 3 R. 2. 5 R. 2. 1 Mar. on condition granted that by the Statute of Winche∣ster they were bound to have Arms; and no such Statute for Sea.

I shall answer all this; but for Tunnage and Poundage reserve it for a peculiar place. They say the Courts of Justice are maintained by the Courts of Justice. The King hath a profit there∣by; but the maintenance of them cometh out of the Subjects purse: And the first fruits were for defence of the Faith, that no Heresie should creep into the Church: Therefore because the King is Lord of the English Sea, he must defend it at his own charge, and not command the body or purse of his Subjects. Pretty Argument! He saith the King hath the old Customs, which are the ancient Inheritance of the Crown, and so for petty Cu∣stoms, and that these must go towards defence of the Sea. See Judgment in the Exchequer in E. 1. time. Search into the Fine Roll 3 E. 1. and see for what causes these old Customs were. It was never said, till he spake it, that the old Customs, or lesser, were for this purpose. And for his saying, That the Statute of Winchester, 13 E. 1. doth enjoyn to keep Arms, and thereupon all de∣sence

comes. That Statute is repealed in Philip and Mary, and set afoot by King James; and a∣gain by him repealed. I shall shew before 13 E. 1. many Records for Land Service long before; for that Statute doth only set a form of Arms, and is not the beginning of Arms. So for the Objection of the King's Revenues, it signifies no∣thing, be it more or less.

Now I shall come to Tunnage and Poundage, the darling Argument, which I affirm was never given nor taken of it self simply for extraordina∣ry defence; I have seen all the grants of it. It may be when there hath been Wars abroad, and then the Subject in Parliament hath given Tun∣nage and Poundage with Tenths and Fifteenths; There they have been all said to be for the de∣fence. That Tunnage and Poundage hath been given and taken meerly for intercourse of Mer∣chants. And in that sence the King said we do and must pursue those ends for which it was grant∣ed to the Crown, I shall make that appear by Reasons, and out of the Grants themselves and other Authorities.

If Tunnage and Poundage were meerly for the defence of the Sea, How was the Kingdom to be defended before the time of the Saxons? At first time of it was six pence a year, then to two and three shillings for Tunnage and Poundage, then three shillings upon a Tun of Wine, and twelve pence a Pack on Merchandizes, that was all for Tunnage and Poundage, the rest was for old Cu∣stoms. If this was for extraordinary, how was the Kingdomdefended? When it was given for half a year; Truth, it was for the defence of the Kingdom; that is, with relation to the intercourse of Merchandize. Recital 1. Jac. saith, that it hath been taken time out of mind. Hath Tunnage and Poundage been given time out of mind, then it is since R. 1. time?

Henry the Sixth had it for life: The Statute doth express it as plain as can be. Time out of mind is beyond memory of any man living.

The very interpretation of the Statute explains it for safety of the Sea, and for the intercourse of Merchants. In all Ages before the granting of Tunnage and Poundage, the King upon a general Defence hath had other Aids then this by their own Power. Ordinary charge for an ordinary Defence. I could have given a legal Answer that it was not given unto the King. No Act of Parliament for it: Yea, but it is taken de facto. Shew your Instruments by which it was taken; that had been a legal Answer. But I shall carry the King's Honour along with his Power and Practice. 6 R. 2. Rot. Franc' 7 H. 4. no. 23. Ro. 11. Tunnage and Poundage granted to Mer∣chants to guard the Sea for intercourse of Mer∣chandize; which sheweth plainly it was for that purpose. To put it without all manner of que∣stion, 6 R. 2. no. 8. Franc' Roll. 2. Merchants & Marriners had Custodia Maris; and the King granted them 6 d. a pound. Doth any man think that he would trust the safety of his Kingdom with Merchants and Mariners? It was meerly for the guard of the Sea for Merchandize; express exception in the very Grant, that they should not be bound by this to help against Invasion of Ene∣mies, unless a Royal Power come (Regali potesta∣te excepta) therefore this was for no extraordina∣ry Service. 7 H. 4. Parl' Roll. is of the same manner. And in the Clause Roll, that the Custo∣des Maris should put there a lawful power, for the safeguard of the Sea against the Enemies of the King, except a Royal power, then noticer to the King; for it must be understood meerly for intercourse of Merchants. I can shew you a Book Case for this, 9 H. 6. 12. Q. case title Custome, Bra. 26. He saith Aids and Subsidies granted to the King, to the intent that the King by his Ad∣miral should guard the Sea, to the end that Mer∣chandize may pass and repass. Not a word for the defence of the Kingdom. And in the year 11. Car. the King was at great charge with his Navy. Cast up the Accompts of the Sea Duties, and then it will appear there is not left to him a penny for the defence of the Sea. Impositions and pressage of Wine was to furnish his House, and not for defence of the Sea. Not only upon this, but there was an ancient Lawyer that wrote the Doctor and Student (whose name was S. Jer∣maine) who wrote in H. 8. time, he tells you, lib. 2. c. 15. fo. 153. The King out of the old Customs of the Realm, as Lord of the Narrow Seas, is bound twice in the year to scoure the Seas, but not against all outward Enemies, but only to put away Pyrates and petty Robbers, History of Tunnage and Poundage. 25 E. 3. Parl' Roll' no. 11. The Commons did pray that 6 d. of 2 s. a Sack of Wooll and of Wine granted, that the Mer∣chants might have safe conduct beyond the Seas; If it would please the King, the Merchants would make their own Conduct for the Custome.

All the Rolls go in that manner, 3 R. 2. H. 4. and they cannot shew that Tunnage and Poun∣dage was made for extraordinary defence, unless for some great Defence.