The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred.
         England and Wales. Court of Exchequer.
      
       
         This text is an enriched version of the TCP digital transcription A45252 of text R16237 in the  English Short Title Catalog (Wing H3842). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
       Approx. 227 KB of XML-encoded text transcribed from 100 1-bit group-IV TIFF page images.
       
         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A45252
         Wing H3842
         ESTC R16237
         12339973
         ocm 12339973
         59856
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A45252)
         Transcribed from: (Early English Books Online ; image set 59856)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 211:20)
      
       
         
           
             The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred.
             England and Wales. Court of Exchequer.
             Hutton, Richard, Sir, 1561?-1639.
             Croke, George, Sir, 1560-1642.
             Denham, John, Sir, 1559-1639.
             Hampden, John, 1594-1643, defendant.
             England and Wales. Parliament.
             England and Wales. Sovereign (1625-1649 : Charles I)
          
           [2], 64, 112, 19 p.
           
             Printed by M. Flesher and R. Young, the assignes of I. More, Esquire,
             London :
             1641.
          
           
             Errata: p. 19 at end.
             Reproduction of original in British Library.
             Marginal notes.
          
        
      
    
     
       
         eng
      
       
         
           Hampden, John, 1594-1643 -- Trials, litigation, etc.
           Ship-money -- Early works to 1800.
        
      
    
       A45252  R16237  (Wing H3842).  civilwar no The arguments of Sir Richard Hutton Knight, one of the judges of the Common Pleas: and Sir George Croke Knight, one of the judges of the Kin England and Wales. Court of Exchequer 1641    41891 90 0 0 0 0 0 21 C  The  rate of 21 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
        2002-05 TCP
        Assigned for keying and markup
      
        2002-06 SPi Global
        Keyed and coded from ProQuest page images
      
        2002-07 Judith Siefring
        Sampled and proofread
      
        2002-07 Judith Siefring
        Text and markup reviewed and edited
      
        2002-08 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
       
       
         
           THE
           ARGVMENTS
           OF
           Sir
           RICHARD
           HUTTON
           Knight
           ,
           One
           of
           the
           Judges
           of
           the
           Common
           Pleas
           :
           AND
           Sir
           GEORGE
           CROKE
           Knight
           ,
           One
           of
           the
           Judges
           of
           the
           Kings
           Bench
           :
           TOGETHER
           WITH
           THE
           CERTIFICATE
           OF
           Sir
           JOHN
           DENHAM
           Knight
           ,
           One
           of
           the
           Barons
           of
           the
           Exchequer
           :
           Vpon
           a
           
             Scire
             facias
          
           brought
           by
           the
           Kings
           Majesty
           ,
           in
           the
           Court
           of
           Exchequer
           ,
           against
           
             John
             Hampden
          
           Esquire
        
         
           AS
           ALSO
           The
           severall
           Votes
           of
           the
           Commons
           and
           〈◊〉
           PARLIAMENT
           ;
           and
           the
           Orders
           of
           the
           Lords
           for
           〈◊〉
           vacating
           of
           the
           Judgement
           given
           against
           the
           said
           〈◊〉
           
             Hampden
             ,
          
           and
           the
           vacating
           of
           the
           severall
           Rolls
           in
           each
           severall
           Court
           ,
           wherein
           the
           Judges
           extrajudiciall
           Opinions
           in
           the
           Cases
           made
           touching
           SHIP-MONEY
           ,
           are
           entred
           .
        
         
           
             LONDON
             ,
          
           Printed
           by
           
             M.
             Flesher
          
           and
           
             R.
             Young
             ,
          
           the
           Assignes
           of
           
             I.
             More
          
           Esquire
           .
           1641.
           
        
      
    
     
       
       
       
         
           THE
           ARGVMENT
           OF
           Mr.
           Justice
           HUTTON
           .
           
        
         
           
             A
             
               Scire
               facias
            
             brought
             by
             the
             Kings
             Majestie
             in
             the
             Exchequer
             against
             
               Iohn
               Hampden
               .
            
             
          
           
             
               The
               case
               upon
               the
               pleading
               appeares
               to
               be
               this
               .
            
             
               THE
               Kings
               Majesty
               ,
               by
               his
               writ
               under
               the
               great
               Seale
               of
               England
               ,
               bearing
               date
               the
               fourth
               day
               of
               
                 August
                 ,
              
               in
               the
               eleventh
               yeare
               of
               his
               raigne
               ,
               directed
               to
               the
               Sheriffe
               of
               the
               County
               of
               Buck
               and
               to
               the
               Bailiffe
               ,
               and
               Burgesses
               ,
               of
               the
               Borough
               ,
               and
               parish
               of
               Buckingham
               ,
               and
               to
               the
               Mayors
               of
               divers
               particular
               Townes
               ,
               in
               the
               said
               County
               of
               Buckingham
               ;
               and
               to
               all
               honest
               men
               in
               the
               same
               ,
               and
               in
               all
               the
               Townes
               ,
               Villages
               ,
               and
               places
               
               in
               the
               said
               County
               ,
               sendeth
               greeting
               :
               reciting
               that
               where
               hee
               is
               given
               to
               understand
               ,
               that
               certaine
               Robbers
               ,
               Pirates
               ,
               and
               spoilers
               by
               Sea
               ,
               as
               well
               enemies
               to
               the
               name
               of
               Christians
               ,
               as
               Mahumetans
               ,
               and
               others
               being
               assembled
               together
               ,
               not
               onely
               to
               take
               and
               spoile
               our
               Ships
               ,
               and
               the
               goods
               and
               merchandizes
               ;
               but
               also
               the
               goods
               and
               merchandizes
               of
               the
               Subjects
               of
               our
               friends
               upon
               the
               Sea
               ,
               (
               and
               which
               had
               of
               old
               been
               used
               to
               be
               defended
               )
               at
               their
               pleasures
               ,
               and
               to
               take
               and
               carrie
               the
               men
               in
               those
               ships
               into
               most
               miserable
               captivity
               ,
               and
               there
               keepe
               them
               .
            
             
               And
               the
               King
               doth
               see
               that
               they
               daily
               provide
               ships
               to
               vex
               our
               Merchants
               ,
               and
               grieve
               our
               Kingdome
               ,
               unlesse
               speedy
               remedy
               bee
               provided
               therein
               :
               And
               considering
               the
               perils
               which
               in
               these
               times
               of
               war
               are
               every where
               imminent
               .
            
             
               The
               King
               for
               the
               defence
               of
               the
               Sea
               ,
               the
               security
               of
               his
               Subjects
               ,
               the
               safe
               conduct
               of
               the
               Ships
               ,
               and
               merchandizes
               ,
               being
               willing
               (
               by
               Gods
               assistance
               )
               to
               provide
               ,
               the
               rather
               for
               that
               he
               and
               his
               progenitors
               ,
               Kings
               of
               England
               ,
               have
               beene
               Lords
               of
               the
               Sea
               .
            
             
             
               And
               where
               this
               charge
               of
               publique
               defence
               which
               concerneth
               all
               ,
               ought
               to
               be
               supported
               by
               all
               ,
               as
               by
               the
               Laws
               and
               Customes
               of
               this
               Realme
               of
               England
               it
               had
               been
               done
               .
            
             
               Therefore
               the
               King
               by
               his
               Writ
               commanded
               ,
               that
               a
               Ship
               of
               warre
               of
               the
               burthen
               of
               foure
               hundred
               and
               fifty
               Tunnes
               ,
               fitted
               and
               furnished
               with
               all
               things
               necessary
               for
               warre
               ,
               and
               one
               hundred
               and
               eighty
               men
               able
               and
               sufficient
               victualled
               ,
               and
               this
               to
               be
               done
               before
               the
               first
               of
               
                 March
              
               :
               And
               then
               at
               that
               time
               to
               come
               ,
               so
               prepared
               ,
               furnished
               ,
               and
               victualled
               ,
               for
               the
               space
               of
               twenty
               six
               weekes
               then
               next
               following
               ,
               and
               with
               wages
               for
               so
               many
               men
               of
               warre
               for
               that
               time
               ,
               to
               Portchmouth
               into
               the
               companie
               of
               such
               other
               ships
               of
               our
               Subjects
               ,
               and
               our
               owne
               as
               shall
               bee
               there
               ,
               under
               the
               government
               of
               such
               a
               man
               ,
               to
               whom
               before
               that
               day
               wee
               shall
               commit
               the
               custody
               of
               the
               Seas
               ;
               and
               to
               goe
               from
               thence
               with
               the
               Kings
               ships
               ,
               and
               the
               ships
               of
               other
               our
               faithfull
               Subjects
               ,
               for
               the
               defence
               of
               the
               Sea
               ,
               and
               the
               repulsing
               and
               overcomming
               of
               any
               whosoever
               ,
               which
               shall
               molest
               and
               hinder
               the
               comming
               in
               ,
               or
               going
               
               out
               of
               our
               Merchants
               ,
               or
               others
               upon
               the
               Seas
               .
            
             
               A
               power
               is
               given
               by
               the
               writ
               to
               the
               Sheriffe
               ,
               and
               to
               the
               Mayors
               ,
               and
               any
               two
               of
               them
               for
               Corporate
               townes
               ,
               whereof
               the
               Sheriffe
               to
               be
               one
               ,
               to
               assesse
               what
               summes
               the
               Mayors
               and
               Corporations
               shall
               pay
               towards
               this
               charge
               ;
               if
               they
               doe
               not
               ,
               then
               to
               be
               done
               by
               the
               Sheriffe
               alone
               .
            
             
               A
               generall
               power
               to
               the
               Sheriffe
               ,
               to
               assesse
               all
               the
               inhabitants
               of
               all
               other
               Townes
               ,
               Villages
               ,
               Hamlets
               and
               places
               ,
               and
               the
               Tertenants
               ,
               other
               then
               such
               as
               shall
               have
               a
               part
               of
               the
               said
               ship
               ,
               or
               shall
               serve
               in
               the
               said
               ship
               ,
               to
               contribute
               towards
               the
               necessary
               expence
               for
               the
               provision
               of
               the
               premises
               ,
               upon
               every
               man
               according
               to
               his
               estate
               and
               faculty
               :
               And
               such
               portions
               so
               to
               be
               assessed
               upon
               them
               ,
               to
               levie
               by
               distresse
               or
               other
               due
               meanes
               .
            
          
           
             
               A
               power
               to
               name
               Collectors
               .
            
             
               And
               a
               power
               to
               commit
               to
               prison
               all
               such
               as
               the
               Sheriffe
               shall
               find
               rebellious
               ,
               or
               contradicting
               the
               premises
               ;
               There
               to
               remaine
               untill
               
               the
               Kings
               Majestie
               shall
               thinke
               fit
               to
               give
               order
               for
               their
               inlargement
               .
            
             
               And
               by
               vertue
               of
               this
               writ
               ,
               Sir
               
                 Peter
                 Temple
                 ,
              
               then
               Sheriffe
               of
               the
               said
               County
               ,
               did
               assesse
               upon
               the
               Defendant
               twenty
               shillings
               ,
               towards
               this
               charge
               ,
               which
               was
               after
               allowed
               by
               the
               succeeding
               Sheriff
               ,
               Sir
               
                 Henry
                 Proby
                 ,
              
               and
               the
               Defendant
               was
               required
               to
               pay
               it
               ,
               but
               refused
               .
            
             
               And
               then
               by
               a
               
                 Certiorare
              
               out
               of
               the
               Chancery
               ,
               
               directed
               to
               those
               Sheriffes
               ,
               which
               had
               beene
               Sheriffes
               betwixt
               the
               fourth
               day
               of
               
                 August
                 ,
              
               in
               the
               eleventh
               yeare
               ,
               and
               the
               first
               of
               
                 March
                 ,
              
               then
               following
               ,
               to
               certifie
               what
               sum
               of
               money
               had
               been
               assessed
               upon
               the
               Defendant
               for
               contribution
               .
            
          
           
             
               They
               certified
               the
               said
               summe
               of
               twenty
               shillings
               .
            
             
               Then
               by
               Writ
               of
               
                 Mittimus
                 ,
              
               
               out
               of
               the
               Chancery
               ,
               bearing
               date
               the
               fift
               day
               of
               
                 May
                 ,
              
               in
               the
               thirteenth
               year
               of
               the
               Kings
               Majesties
               raigne
               ,
               the
               writ
               of
               4.
               
               
                 Augusti
                 ,
                 Anno
                 undecimo
                 Car.
              
               and
               the
               Schedule
               returned
               into
               the
               Chancery
               ,
               whereby
               the
               Defendant
               was
               so
               assessed
               ,
               are
               
               sent
               into
               the
               Exchequer
               ,
               to
               proceede
               against
               the
               Defendant
               ,
               for
               the
               levying
               of
               the
               summe
               of
               twenty
               shillings
               ,
               which
               he
               hath
               not
               paid
               ,
               and
               proceede
               there
               to
               do
               that
               which
               of
               right
               ,
               and
               according
               to
               the
               custome
               ,
               ought
               to
               bee
               done
               for
               the
               levying
               thereof
               .
            
             
               In
               this
               Writ
               of
               
                 Mittimus
              
               it
               is
               contained
               ,
               that
               the
               writ
               bearing
               date
               the
               fourth
               of
               
                 August
                 ,
                 Anno
              
               11.
               
               
                 Car.
              
               was
               granted
               for
               the
               defence
               of
               the
               Realme
               ,
               the
               safegard
               of
               the
               Sea
               ,
               the
               security
               of
               the
               Subjects
               ,
               and
               for
               that
               the
               safety
               of
               the
               Kingdom
               of
               England
               was
               in
               danger
               .
            
             
               But
               these
               causes
               are
               not
               expressed
               in
               the
               Writ
               ;
               but
               other
               particular
               causes
               .
            
             
               And
               upon
               the
               tenours
               of
               these
               Writs
               ,
               depending
               in
               the
               Chancery
               ,
               thus
               sent
               into
               the
               Exchequer
               ;
               this
               Writ
               of
               (
               
                 Scire
                 fac
                 '
                 .
              
               )
               is
               awarded
               ,
               bearing
               date
               the
               twentieth
               day
               of
               
                 May
                 ,
              
               in
               the
               thirteenth
               yeare
               of
               the
               Kings
               Majesties
               raigne
               ,
               against
               the
               said
               
                 Iohn
                 Hampden
                 ,
              
               to
               shew
               what
               hee
               hath
               to
               say
               for
               himselfe
               ,
               why
               the
               said
               summe
               so
               assessed
               upon
               him
               and
               not
               paid
               ,
               ought
               not
               by
               him
               to
               be
               satisfied
               ,
               and
               to
               doe
               further
               what
               that
               Court
               should
               thinke
               fit
               to
               order
               .
            
             
             
               To
               which
               writ
               the
               Defendant
               appeared
               in
               
                 Trinitie
              
               Tearme
               ,
               and
               praied
               the
               sight
               of
               the
               writ
               of
               the
               fourth
               of
               
                 August
                 ,
              
               and
               the
               
                 Certiorare
                 ,
              
               and
               the
               
                 Mittimus
                 ,
              
               and
               they
               are
               all
               entred
               (
               
                 in
                 haec
                 verba
                 .
              
               )
            
          
           
             
               Whereupon
               the
               Defendant
               did
               demurre
               generally
               .
            
             
               And
               Master
               Atturney
               generall
               joyned
               in
               demurrer
               ,
               and
               the
               Record
               being
               read
               there
               and
               opened
               ,
               the
               Court
               did
               adjourne
               it
               into
               the
               Exchequer
               Chamber
               ,
               before
               any
               argument
               there
               at
               the
               Barre
               .
            
          
           
             
               The
               sole
               Question
               is
               ,
               Whether
               this
               
                 Scire
                 fac
                 .
              
               doth
               lye
               or
               not
               .
            
             
               And
               I
               am
               of
               opinion
               that
               it
               doth
               not
               lye
               ,
               but
               that
               judgement
               ought
               to
               be
               given
               for
               the
               Defendant
               ,
               both
               for
               the
               matter
               ,
               and
               for
               the
               manner
               of
               this
               proceeding
               .
            
             
               And
               to
               the
               intent
               that
               whatsoever
               I
               shall
               say
               ,
               may
               the
               better
               be
               understood
               ;
               I
               will
               observe
               this
               order
               in
               my
               Argument
               .
            
             
               
                 First
                 ,
                 I
                 will
                 prove
                 by
                 severall
                 Acts
                 of
                 
                 
                 Parliaments
                 ,
                 and
                 by
                 some
                 Authorities
                 in
                 books
                 ,
                 and
                 by
                 some
                 reasons
                 ,
                 that
                 the
                 Kings
                 Majesty
                 cannot
                 at
                 this
                 day
                 ,
                 impose
                 any
                 such
                 charge
                 in
                 generall
                 upon
                 all
                 his
                 Subjects
                 as
                 this
                 is
                 ,
                 without
                 their
                 consent
                 in
                 Parliament
                 .
              
               
                 
                 Secondly
                 ,
                 I
                 will
                 give
                 answer
                 to
                 such
                 objections
                 ,
                 as
                 have
                 beene
                 made
                 by
                 the
                 Kings
                 Counsell
                 ,
                 and
                 by
                 some
                 of
                 my
                 Brothers
                 ,
                 against
                 these
                 Statutes
                 ,
                 and
                 to
                 such
                 cases
                 ,
                 as
                 they
                 have
                 applyed
                 to
                 prove
                 the
                 contrary
                 .
              
               
                 
                 Thirdly
                 ,
                 I
                 will
                 answer
                 those
                 precedents
                 ,
                 which
                 have
                 beene
                 insisted
                 upon
                 ,
                 to
                 prove
                 that
                 the
                 like
                 charge
                 hath
                 beene
                 before
                 imposed
                 by
                 the
                 Kings
                 progenitors
                 ,
                 Kings
                 of
                 this
                 Realme
                 ;
                 And
                 I
                 will
                 shew
                 some
                 precedents
                 of
                 more
                 force
                 to
                 the
                 contrary
                 .
              
               
                 
                 Fourthly
                 ,
                 I
                 will
                 insist
                 upon
                 the
                 disuse
                 of
                 the
                 attempt
                 of
                 imposing
                 any
                 such
                 generall
                 charge
                 ,
                 by
                 this
                 way
                 ,
                 at
                 any
                 time
                 since
                 the
                 beginning
                 of
                 the
                 raigne
                 of
                 King
                 
                   Henry
                
                 the
                 fourth
                 ,
                 which
                 is
                 almost
                 two
                 hundred
                 and
                 fifty
                 yeares
                 since
                 :
                 And
                 many
                 other
                 courses
                 and
                 kinds
                 of
                 attempts
                 ,
                 for
                 levying
                 of
                 monies
                 :
                 And
                 this
                 way
                 not
                 attempted
                 till
                 of
                 late
                 .
              
               
                 
                 Fiftly
                 ,
                 I
                 will
                 insist
                 upon
                 the
                 Writ
                 of
                 
                 4.
                 
                 
                   Augusti
                   Anno
                
                 11.
                 
                 
                   Car.
                
                 That
                 the
                 matter
                 therein
                 comprised
                 ,
                 doth
                 not
                 containe
                 sufficient
                 warrant
                 ,
                 for
                 the
                 levying
                 of
                 such
                 contribution
                 :
                 And
                 that
                 the
                 matter
                 which
                 is
                 added
                 in
                 the
                 
                   Mittimus
                   ,
                
                 cannot
                 supplie
                 or
                 make
                 the
                 Writ
                 of
                 4.
                 
                 
                   Augusti
                
                 sufficient
                 :
                 And
                 that
                 the
                 
                   Scire
                   fac
                   '
                
                 it selfe
                 is
                 insufficient
                 .
              
               
                 Lastly
                 ,
                 I
                 will
                 give
                 some
                 answer
                 to
                 that
                 
                 which
                 heretofore
                 was
                 objected
                 by
                 Mr.
                 Solicitour
                 :
                 That
                 the
                 Judges
                 had
                 formerly
                 by
                 a
                 subscription
                 to
                 some
                 propositions
                 ,
                 which
                 they
                 were
                 required
                 to
                 answer
                 his
                 Majesty
                 (
                 as
                 he
                 conceived
                 )
                 resolved
                 this
                 point
                 already
                 .
              
            
             
               My
               Brother
               
                 Iones
              
               hath
               beene
               long
               ,
               and
               I
               will
               observe
               my
               owne
               method
               ,
               and
               answer
               him
               by
               my
               argument
               ;
               And
               I
               will
               contract
               that
               which
               I
               have
               to
               say
               ,
               in
               as
               short
               a
               manner
               as
               I
               can
               .
            
             
               And
               for
               the
               first
               point
               and
               reason
               ,
               which
               I
               
               doe
               insist
               upon
               ,
               is
               ,
               That
               this
               power
               to
               charge
               the
               people
               of
               this
               Realme
               at
               this
               day
               ,
               by
               the
               King
               onely
               ,
               is
               taken
               away
               ,
               bounded
               and
               limited
               by
               diverse
               Acts
               of
               Parliaments
               ,
               to
               be
               done
               by
               consent
               of
               the
               Subjects
               ,
               and
               onely
               in
               Parliament
               .
            
             
             
               
               First
               ,
               by
               the
               Statute
               of
               
                 Magna
                 Charta
              
               it
               is
               enacted
               ,
               that
               no
               Free-man
               shall
               be
               taken
               or
               imprisoned
               or
               disseised
               of
               his
               Free-hold
               ,
               or
               of
               his
               liberties
               ,
               or
               Free-customes
               ,
               or
               out-lawed
               ,
               or
               exiled
               ,
               nor
               by
               any
               means
               destroyed
               ;
               neither
               will
               we
               come
               upon
               him
               ,
               or
               send
               him
               to
               prison
               ,
               but
               by
               lawfull
               judgement
               of
               his
               Peeres
               ,
               or
               by
               the
               Law
               of
               the
               Land
               .
            
             
               This
               Statute
               ,
               as
               appeares
               by
               the
               
                 Inspeximus
              
               of
               King
               
                 Edward
              
               the
               first
               ,
               sonne
               of
               King
               
                 Henry
              
               the
               third
               ,
               was
               made
               of
               the
               free
               good
               will
               of
               the
               King
               ,
               for
               the
               good
               of
               the
               Church
               ,
               and
               for
               the
               amendment
               of
               the
               Kingdome
               .
            
             
               
               And
               if
               you
               looke
               upon
               the
               last
               Chapter
               of
               
                 Magna
                 Charta
                 cap.
              
               38.
               the
               King
               grants
               ,
               that
               he
               and
               his
               heirs
               will
               for
               what
               concernes
               him
               well
               observe
               and
               keep
               the
               same
               in
               his
               Kingdome
               ,
               and
               will
               that
               aswell
               Clerkes
               ,
               as
               Lay-men
               shall
               observe
               the
               same
               :
               And
               this
               was
               not
               done
               for
               nought
               ,
               for
               the
               Clergie
               ,
               and
               the
               Communalty
               ,
               did
               give
               to
               the
               King
               for
               these
               liberties
               ,
               the
               fifteenth
               part
               
                 omnium
                 mobilium
                 ,
              
               as
               appeares
               in
               the
               same
               Chapter
               .
            
             
               And
               further
               in
               the
               said
               Chapter
               it
               is
               contained
               ,
               that
               the
               said
               King
               ,
               for
               him
               and
               his
               
               heires
               did
               grant
               that
               neither
               he
               ,
               nor
               his
               heires
               should
               doe
               any
               thing
               ,
               nor
               procure
               to
               be
               done
               any
               thing
               whereby
               these
               liberties
               thus
               granted
               might
               be
               infringed
               or
               diminished
               :
               And
               that
               if
               any
               thing
               were
               done
               by
               any
               other
               to
               the
               contrary
               ,
               it
               should
               bee
               void
               and
               held
               of
               no
               force
               :
               See
               the
               Statute
               .
            
             
               And
               then
               King
               
                 Edward
              
               the
               first
               his
               Son
               in
               the
               five
               and
               twentieth
               year
               of
               his
               raigne
               ,
               
               The
               very
               first
               Chapter
               of
               that
               Parliament
               ,
               confirmed
               the
               Charter
               of
               
                 Magna
                 Charta
                 ,
              
               for
               the
               honour
               of
               God
               ,
               and
               of
               the
               holy
               Church
               ,
               and
               profit
               of
               the
               Realm
               ,
               with
               writs
               to
               all
               Justices
               ,
               Sheriffes
               and
               others
               ,
               That
               they
               cause
               the
               said
               Charter
               of
               liberties
               to
               be
               published
               :
               And
               to
               declare
               to
               the
               people
               ,
               that
               we
               have
               confirmed
               them
               in
               all
               points
               ;
               And
               that
               our
               Justices
               ,
               Sheriffes
               ,
               and
               other
               Ministers
               ,
               which
               under
               us
               have
               the
               Laws
               of
               our
               land
               to
               guide
               ,
               shall
               allow
               the
               same
               .
               That
               is
               to
               wit
               ,
               the
               great
               Charter
               ,
               as
               the
               Common
               Law
               ,
               and
               the
               Charter
               of
               the
               Forest
               ,
               for
               the
               wealth
               of
               our
               Realme
               .
            
             
               And
               where
               my
               brother
               
                 Berkley
              
               did
               say
               in
               his
               Argument
               ,
               that
               the
               words
               of
               the
               Statute
               
               of
               
                 Magna
                 Charta
              
               were
               
                 quod
                 habeant
                 libertates
                 suas
                 ,
              
               but
               that
               there
               were
               no
               particular
               liberties
               mentioned
               which
               were
               
                 libertates
                 suas
              
               :
               To
               that
               the
               answer
               is
               easie
               ,
               for
               it
               is
               in
               the
               Preamble
               and
               the
               first
               Chapter
               ,
               
                 Habeant
                 libertates
                 subscriptas
                 tenendas
                 in
                 Regno
                 nostro
                 Angliae
                 tenend.
                 .
                 eis
                 &
                 haeredibus
                 suis
                 imperpetuum
                 .
              
               And
               it
               cannot
               be
               denied
               ,
               but
               that
               the
               clauses
               of
               the
               writ
               of
               4.
               
               
                 Augusti
              
               which
               gives
               not
               onely
               power
               to
               distraine
               ,
               but
               if
               any
               be
               rebellious
               or
               contrariant
               to
               the
               premises
               ,
               to
               commit
               them
               to
               prison
               ,
               there
               to
               remaine
               untill
               the
               Kings
               Majestie
               shall
               for
               their
               deliverance
               thinke
               fit
               to
               order
               otherwayes
               ,
               are
               directly
               contrary
               to
               the
               expresse
               letter
               of
               this
               Statute
               of
               
                 Magna
                 Charta
                 ,
              
               and
               so
               consequently
               against
               the
               law
               of
               the
               Land
               :
               for
               this
               Statute
               is
               made
               by
               the
               said
               Statute
               of
               the
               five
               and
               twentieth
               of
               King
               
                 Edward
              
               the
               first
               ,
               the
               law
               of
               this
               Land
               .
            
             
               This
               Statute
               of
               
                 Magna
                 Charta
              
               hath
               beene
               ever
               since
               ,
               and
               now
               is
               put
               in
               use
               for
               the
               great
               priviledge
               of
               the
               triall
               of
               the
               Peers
               of
               this
               Realme
               for
               Treason
               or
               Felony
               :
               For
               there
               [
               
                 Peeres
                 ,
              
               ]
               is
               grounded
               upon
               the
               words
               of
               this
               Statute
               (
               
                 viz.
              
               )
               
                 per
                 legale
                 judicium
                 parium
                 suorum
                 ,
              
               as
               
               you
               may
               see
               in
               
                 Stamford
              
               in
               his
               booke
               of
               the
               Pleas
               of
               the
               Crowne
               ,
               
               
                 fol.
              
               152.
               
            
             
               Then
               by
               the
               Statute
               of
               25.
               
                 Edw.
              
               1.
               
                 cap.
              
               5.
               
               
               It
               is
               enacted
               ,
               
                 And
                 for
                 as
                 much
                 as
                 diverse
                 people
                 of
                 our
                 Realme
                 are
                 in
                 feare
                 ,
                 That
                 the
                 aides
                 and
                 taxes
                 ,
                 that
                 they
                 have
                 given
                 to
                 us
                 before-time
                 towards
                 our
                 warres
                 and
                 other
                 businesse
                 ,
                 of
                 their
                 owne
                 grant
                 and
                 good
                 will
                 ,
                 howsoever
                 they
                 were
                 made
                 ,
                 might
                 turne
                 to
                 a
                 bondage
                 to
                 them
                 and
                 their
                 heires
                 ,
                 because
                 they
                 might
                 be
                 at
                 any
                 other
                 time
                 found
                 in
                 the
                 Rolls
                 :
                 And
                 likewise
                 the
                 prizes
                 taken
                 by
                 our
                 Ministers
                 through
                 the
                 Realme
                 ,
                 we
                 have
                 granted
                 for
                 us
                 and
                 our
                 heires
                 ,
                 that
                 we
                 shall
                 not
                 draw
                 any
                 such
                 aides
                 ,
                 taxes
                 or
                 prizes
                 ,
                 into
                 a
                 custome
                 for
                 any
                 thing
                 that
                 hath
                 beene
                 done
                 before
                 ,
                 bee
                 it
                 by
                 Roll
                 or
                 any
                 other
                 Precedent
                 that
                 may
                 bee
                 found
                 .
              
            
             
               And
               in
               the
               same
               Parliament
               in
               the
               sixt
               Chapter
               it
               is
               thus
               ,
               
                 We
                 have
                 granted
                 for
                 us
                 and
                 our
                 heires
                 aswell
                 to
                 Archbishops
                 ,
                 Bishops
                 ,
                 Abbots
                 ,
                 
                 Priors
                 ,
                 and
                 other
                 folke
                 of
                 holy
                 Church
                 ,
                 as
                 also
                 to
                 Earles
                 ,
                 Barons
                 ,
                 and
                 to
                 all
                 other
                 the
                 communalty
                 of
                 the
                 land
                 ,
                 That
                 for
                 no
                 businesse
                 from
                 henceforth
                 ,
                 we
                 shall
                 
                 take
                 such
                 manner
                 of
                 aides
                 ,
                 taxes
                 ,
                 or
                 prizes
                 but
                 by
                 the
                 common
                 consent
                 of
                 the
                 Realme
                 ,
                 and
                 for
                 the
                 common
                 profit
                 thereof
                 :
                 Saving
                 the
                 ancient
                 aides
                 and
                 prizes
                 due
                 and
                 accustomed
                 .
              
            
             
               Observe
               the
               words
               in
               this
               Statute
               ,
               that
               for
               no
               businesse
               he
               shall
               take
               any
               manner
               of
               aides
               ,
               taxes
               or
               prizes
               ,
               but
               by
               the
               common
               consent
               of
               the
               Realme
               .
            
             
               The
               words
               of
               this
               Statute
               are
               so
               plaine
               (
               for
               no
               businesse
               ,
               )
               as
               they
               include
               all
               ,
               and
               admit
               any
               exposition
               .
            
             
               
               Then
               in
               34.
               
                 Edw.
              
               1.
               
                 cap.
              
               1.
               
               It
               is
               enacted
               ,
               
                 No
                 tallage
                 nor
                 aide
                 shall
                 be
                 taken
                 or
                 levied
                 by
                 us
                 or
                 our
                 heires
                 in
                 our
                 Realme
                 without
                 the
                 good
                 will
                 and
                 assent
                 of
                 Archbishops
                 ,
                 Bishops
                 ,
                 Earles
                 ,
                 Barons
                 ,
                 Knights
                 ,
                 Burgesses
                 ,
                 and
                 other
                 Free-men
                 of
                 the
                 land
                 .
              
            
             
               
                 
                 Then
                 by
                 a
                 Statute
                 made
                 in
                 the
                 fourteenth
                 yeare
                 of
                 King
                 
                   Edward
                
                 the
                 third
                 ,
                 it
                 is
                 in
                 this
                 manner
                 ;
                 That
                 whereas
                 the
                 Prelates
                 ,
                 Earles
                 ,
                 Barons
                 ,
                 and
                 Commons
                 of
                 our
                 Realme
                 of
                 England
                 in
                 our
                 Parliament
                 holden
                 at
                 Westminster
                 upon
                 Wednesday
                 in
                 Mid-lent
                 in
                 the
                 fourteenth
                 year
                 of
                 our
                 Raigne
                 over
                 England
                 ,
                 and
                 the
                 first
                 over
                 France
                 ,
                 have
                 granted
                 
                 to
                 us
                 of
                 their
                 free
                 and
                 good
                 will
                 in
                 aide
                 of
                 the
                 speed
                 of
                 our
                 great
                 businesse
                 which
                 we
                 have
                 to
                 doe
                 ,
                 aswell
                 on
                 this
                 side
                 the
                 Sea
                 ,
                 as
                 beyond
                 ,
                 The
                 ninth
                 sheafe
                 ,
                 the
                 ninth
                 fleece
                 ,
                 and
                 the
                 ninth
                 Lamb
                 ,
                 to
                 be
                 taken
                 by
                 two
                 years
                 next
                 comming
                 after
                 the
                 making
                 of
                 the
                 same
                 ;
                 And
                 the
                 Citizens
                 ,
                 and
                 Burgesses
                 ,
                 of
                 Cities
                 ,
                 and
                 Boroughs
                 ,
                 the
                 very
                 ninth
                 part
                 of
                 all
                 their
                 goods
                 ;
                 And
                 the
                 foraine
                 merchants
                 and
                 others
                 which
                 live
                 not
                 of
                 graine
                 nor
                 of
                 flocke
                 of
                 sheepe
                 ,
                 the
                 fifteenth
                 part
                 of
                 their
                 goods
                 to
                 the
                 value
                 ,
                 We
                 willing
                 to
                 provide
                 for
                 the
                 indempnitie
                 of
                 the
                 said
                 Prelates
                 ,
                 Earles
                 ,
                 and
                 other
                 of
                 the
                 Communalty
                 ,
                 and
                 also
                 of
                 the
                 Citizens
                 ,
                 Burgesses
                 ,
                 and
                 Merchants
                 aforesaid
                 ,
                 will
                 and
                 grant
                 for
                 us
                 ,
                 and
                 our
                 heires
                 to
                 the
                 same
                 Prelates
                 ,
                 Earles
                 ,
                 Barons
                 ,
                 and
                 Commons
                 ,
                 Citizens
                 ,
                 Burgesses
                 ,
                 and
                 Merchants
                 ,
                 that
                 the
                 said
                 grant
                 which
                 is
                 so
                 chargeable
                 ,
                 shall
                 not
                 another
                 time
                 be
                 had
                 forth
                 in
                 example
                 ,
                 nor
                 fall
                 to
                 their
                 prejudice
                 in
                 time
                 to
                 come
                 ,
                 nor
                 that
                 they
                 be
                 from
                 henceforth
                 charged
                 nor
                 grieved
                 to
                 make
                 any
                 aide
                 or
                 to
                 sustaine
                 the
                 charge
                 ,
                 if
                 it
                 be
                 not
                 by
                 common
                 consent
                 of
                 the
                 Prelates
                 ,
                 Earles
                 ,
                 Barons
                 ,
                 and
                 other
                 
                 great
                 men
                 ,
                 and
                 Commons
                 of
                 our
                 said
                 Realm
                 of
                 England
                 ,
                 and
                 that
                 in
                 Parliament
                 .
              
            
             
               
               Then
               by
               the
               Statute
               made
               in
               the
               five
               and
               twentieth
               year
               of
               King
               
                 Edward
              
               the
               third
               
                 cap.
              
               8.
               it
               is
               enacted
               ,
               That
               no
               man
               shall
               be
               compelled
               to
               finde
               men
               of
               armes
               ,
               holberts
               ,
               or
               archers
               ,
               other
               then
               such
               as
               hold
               by
               such
               services
               ,
               if
               it
               bee
               not
               by
               common
               consent
               and
               grant
               in
               Parliament
               ,
               for
               that
               is
               against
               the
               common
               right
               of
               the
               Realme
               .
               Which
               last
               words
               ,
               [
               for
               that
               is
               against
               the
               common
               right
               of
               the
               Realme
               ]
               are
               in
               the
               Parliament
               Roll
               ,
               but
               left
               out
               of
               the
               printed
               books
               of
               the
               Statutes
               .
            
             
               
               And
               this
               Act
               of
               Parliament
               is
               recited
               by
               an
               Act
               of
               Parliament
               ,
               made
               in
               the
               fourth
               yeare
               of
               the
               raigne
               of
               King
               
                 Henry
              
               the
               fourth
               the
               13.
               
               Chapter
               ,
               and
               enacted
               and
               observed
               in
               all
               things
               .
            
             
               
               Then
               in
               the
               first
               yeare
               of
               King
               
                 Richard
              
               the
               third
               ,
               and
               the
               second
               chapter
               it
               is
               recited
               ,
               That
               the
               Commons
               of
               this
               Realme
               ,
               by
               new
               and
               unlawfull
               inventions
               ,
               have
               beene
               put
               to
               importune
               charge
               ,
               especially
               by
               a
               new
               imposition
               called
               A
               benevolence
               ;
               It
               is
               enacted
               ,
               That
               the
               Subjects
               &
               Communalty
               of
               this
               Realm
               ,
               
               from
               henceforth
               in
               no
               wise
               be
               charged
               by
               any
               such
               charge
               or
               imposition
               called
               a
               Benevolence
               ,
               nor
               by
               any
               other
               such
               charge
               .
            
             
               Then
               comes
               the
               Act
               of
               Parliament
               ,
               
               made
               in
               the
               third
               yeare
               of
               the
               Kings
               Majesties
               owne
               raigne
               ,
               called
               The
               Petition
               of
               right
               ,
               whereby
               the
               Statute
               made
               in
               the
               time
               of
               King
               
                 Edward
              
               the
               first
               ,
               commonly
               called
               the
               Statute
               
                 De
                 tallagio
                 non
                 concedendo
                 ,
              
               is
               mentioned
               ,
               and
               many
               particular
               incroachments
               recited
               to
               be
               made
               upon
               the
               liberties
               of
               the
               Subject
               ;
               And
               many
               particulars
               being
               recited
               ,
               it
               is
               required
               to
               be
               enacted
               That
               no
               loane
               of
               money
               against
               the
               will
               and
               good
               liking
               of
               the
               Subjects
               ,
               Billeting
               of
               Souldiers
               ,
               and
               Mariners
               in
               mens
               houses
               ,
               there
               to
               sojourne
               against
               their
               wills
               ,
               Commissions
               of
               Martiall
               laws
               in
               times
               of
               peace
               .
               They
               doe
               therefore
               humbly
               pray
               you
               ,
               that
               no
               man
               be
               hereafter
               compelled
               to
               yeeld
               or
               make
               any
               gift
               ,
               loan
               ,
               benevolence
               ,
               tax
               ,
               or
               such
               like
               charge
               ,
               without
               common
               consent
               by
               act
               of
               Parliament
               ,
               whereunto
               his
               Majesty
               consented
               with
               this
               subscription
               ,
               
                 Soit
                 Droit
                 fait
                 come
                 est
                 Desire
                 .
              
            
             
               And
               these
               are
               the
               Statutes
               whereupon
               I
               
               relie
               that
               this
               charge
               cannot
               be
               laid
               upon
               the
               Subject
               by
               this
               Writ
               onely
               without
               the
               aide
               of
               some
               act
               of
               Parliament
               .
            
          
           
             
               Now
               for
               authorities
               of
               Booke
               cases
               ,
               and
               other
               authorities
               concurring
               herewith
               .
            
             
               
               First
               ,
               by
               the
               Case
               of
               13.
               
               
                 Hen.
              
               4.
               
                 fol.
              
               14
               ,
               15
               ,
               and
               16.
               which
               were
               long
               debated
               ,
               It
               appeares
               that
               the
               King
               had
               granted
               an
               office
               ,
               for
               the
               measuring
               of
               Cloth
               in
               
                 London
                 ,
              
               and
               a
               power
               to
               take
               so
               much
               for
               his
               labour
               .
            
             
               There
               was
               a
               Writ
               under
               the
               great
               Seale
               directed
               to
               the
               Mayor
               of
               
                 London
                 ,
              
               commanding
               him
               to
               put
               the
               Patentee
               in
               possession
               ;
               and
               the
               Patentee
               had
               put
               it
               in
               practice
               ,
               and
               divers
               had
               paid
               money
               to
               the
               Patentee
               :
               And
               yet
               after
               upon
               a
               returne
               ,
               that
               there
               was
               no
               such
               office
               ,
               it
               is
               adjudged
               a
               good
               returne
               ;
               And
               it
               is
               there
               agreed
               ,
               That
               the
               King
               cannot
               by
               his
               Patent
               create
               or
               erect
               a
               new
               office
               ,
               in
               charge
               of
               his
               people
               ,
               without
               the
               speciall
               assent
               of
               the
               Commons
               :
               And
               the
               King
               cannot
               grant
               to
               any
               ,
               that
               he
               shall
               take
               of
               every
               Carriage
               that
               shall
               come
               over
               such
               a
               bridge
               such
               a
               
               sum
               ;
               And
               it
               is
               said
               there
               in
               the
               sixteenth
               leafe
               ,
               that
               a
               common
               charge
               ,
               though
               it
               sound
               to
               the
               profit
               of
               the
               people
               ,
               cannot
               be
               granted
               out
               of
               Parliament
               :
               And
               this
               in
               my
               opinion
               is
               a
               strong
               case
               in
               the
               point
               .
            
             
               Then
               see
               37.
               
               
                 Hen.
              
               8.
               
               
                 Broke
              
               in
               Patents
               ,
               
               
                 placito
                 .
              
               100.
               
               The
               Kings
               Majestie
               may
               erect
               Markets
               and
               Faires
               with
               tolls
               incident
               :
               For
               that
               concernes
               onely
               such
               as
               will
               buy
               :
               but
               the
               King
               cannot
               grant
               toll
               
                 Travert
                 ,
              
               
               nor
               a
               Thorow
               toll
               ,
               nor
               alter
               or
               change
               Laws
               or
               Customes
               of
               the
               Realme
               ,
               nor
               make
               land
               deviseable
               or
               gavel-kinde
               or
               Borough
               English
               ,
               or
               change
               gavel-kinde
               or
               Borough
               English
               to
               be
               descendable
               to
               the
               heire
               ;
               which
               is
               so
               agreed
               in
               divers
               Books
               .
            
             
               Then
               in
               the
               booke
               of
               
                 Fortescue
              
               of
               his
               commendation
               of
               the
               Laws
               of
               England
               ;
               
               it
               is
               thus
               written
               in
               the
               ninth
               chapter
               the
               five
               and
               twentieth
               leafe
               ,
               The
               King
               of
               England
               cannot
               alter
               or
               change
               the
               Laws
               of
               his
               Realme
               at
               his
               pleasure
               ;
               For
               why
               ,
               he
               governeth
               his
               people
               by
               power
               ,
               not
               onely
               Royall
               ,
               but
               also
               politique
               :
               If
               his
               power
               over
               them
               were
               onely
               Royall
               ,
               thē
               he
               might
               change
               the
               Laws
               of
               his
               
               Realme
               ,
               and
               charge
               his
               Subjects
               with
               tallage
               and
               other
               burthens
               without
               their
               consent
               ;
               And
               such
               is
               the
               dominion
               which
               the
               Civill
               law
               purports
               ,
               when
               they
               say
               that
               the
               will
               of
               a
               Prince
               hath
               the
               force
               of
               a
               Law
               :
               But
               from
               this
               much
               differeth
               the
               power
               of
               a
               King
               ,
               whose
               government
               over
               his
               people
               is
               politique
               ;
               for
               he
               can
               neither
               change
               Laws
               without
               the
               consent
               of
               his
               Subjects
               ,
               nor
               yet
               charge
               them
               with
               strange
               impositions
               against
               their
               wills
               .
               Rejoyce
               therefore
               ,
               O
               Soveraign
               Prince
               ,
               and
               be
               glad
               that
               the
               Laws
               of
               your
               Realme
               ,
               wherein
               you
               shall
               succeed
               ,
               are
               such
               ;
               For
               it
               shall
               exhibit
               to
               you
               and
               your
               people
               ,
               no
               small
               security
               ,
               and
               comfort
               .
            
             
               
               And
               the
               same
               Author
               ,
               
                 fo.
              
               84.
               
                 cap.
              
               36.
               saith
               thus
               ;
               That
               the
               King
               by
               his
               Officers
               (
               though
               the
               owners
               would
               say
               nay
               )
               may
               take
               necessaries
               for
               his
               house
               at
               a
               reasonable
               price
               to
               be
               assessed
               by
               the
               Constable
               ;
               Neverthelesse
               he
               is
               bound
               by
               the
               Law
               to
               pay
               therefore
               ,
               either
               presētly
               or
               at
               a
               day
               to
               be
               limited
               by
               the
               higher
               Officers
               of
               the
               house
               :
               For
               by
               the
               Laws
               hee
               may
               take
               away
               none
               of
               his
               Subjects
               goods
               ,
               without
               due
               satisfaction
               for
               the
               same
               ;
               neither
               
               doth
               the
               King
               there
               either
               by
               himselfe
               ,
               or
               his
               servants
               and
               officers
               ,
               levie
               upon
               his
               Subjects
               Tallages
               ,
               Subsidies
               ,
               or
               any
               other
               burthens
               ,
               or
               alter
               their
               Laws
               ,
               or
               make
               new
               Laws
               without
               the
               expresse
               consent
               and
               agreement
               of
               his
               whole
               Realme
               in
               his
               Parliament
               .
            
             
               And
               thus
               I
               have
               done
               with
               the
               positive
               part
               of
               my
               argument
               ,
               and
               I
               will
               indeavour
               to
               be
               shorter
               in
               the
               rest
               .
            
          
        
         
         
           
             THE
             SECOND
             PART
             .
          
           
             NOw
             in
             the
             second
             place
             ,
             I
             will
             give
             an
             answer
             to
             all
             such
             objections
             that
             have
             beene
             made
             by
             the
             Counsell
             of
             the
             King
             at
             the
             Barre
             ;
             and
             by
             some
             of
             my
             Brothers
             in
             their
             arguments
             against
             these
             Statutes
             .
          
           
             
             First
             ,
             it
             hath
             beene
             objected
             ,
             that
             the
             Statute
             
               de
               Tallagio
               non
               concedendo
            
             was
             not
             a
             Statute
             .
             And
             this
             was
             insisted
             upon
             by
             Mr.
             Solicitor
             ,
             and
             not
             without
             many
             probabilities
             of
             the
             Kings
             not
             then
             being
             in
             England
             ,
             and
             many
             other
             things
             by
             him
             alledged
             ;
             
             Yet
             because
             it
             hath
             beene
             generally
             agreed
             by
             all
             that
             have
             argued
             since
             ,
             that
             it
             was
             and
             is
             an
             Act
             of
             Parliament
             ,
             and
             is
             so
             recited
             in
             the
             Petition
             of
             right
             ,
             I
             will
             say
             no
             more
             to
             that
             ;
             But
             thereby
             and
             by
             his
             insisting
             so
             much
             upon
             that
             to
             be
             no
             Statute
             ,
             I
             doe
             conceive
             that
             he
             understood
             that
             Statute
             to
             be
             (
             as
             indeed
             it
             is
             )
             a
             forceable
             Statute
             against
             this
             imposition
             of
             a
             charge
             by
             Writ
             ,
             without
             the
             consent
             of
             the
             Parliament
             .
          
           
             
             The
             second
             objection
             was
             ;
             That
             the
             words
             ,
             Aides
             ,
             Tax
             ,
             and
             Tallages
             ,
             doe
             not
             
             extend
             to
             this
             provision
             of
             Ships
             of
             Warre
             ,
             and
             men
             for
             defence
             ,
             and
             that
             there
             is
             no
             exception
             of
             the
             aides
             which
             are
             due
             to
             the
             Kings
             Majesty
             ,
             for
             making
             his
             eldest
             sonne
             Knight
             ,
             nor
             aides
             for
             mariage
             ,
             nor
             other
             aids
             by
             tenures
             .
          
           
             The
             answer
             is
             easie
             :
             
             for
             the
             words
             of
             the
             Statute
             of
             the
             fourteenth
             year
             of
             King
             
               Edward
            
             the
             third
             ,
             are
             ,
             That
             they
             shall
             not
             from
             henceforth
             be
             charged
             or
             grieved
             ,
             to
             make
             any
             aide
             or
             to
             sustaine
             any
             charge
             .
          
           
             These
             are
             words
             so
             generall
             ,
             that
             all
             is
             comprehended
             which
             charges
             all
             ;
             And
             for
             the
             aides
             of
             making
             the
             eldest
             sonne
             Knight
             ,
             and
             the
             other
             aides
             ,
             they
             are
             not
             generall
             to
             charge
             all
             ,
             but
             particular
             ,
             such
             as
             are
             charged
             by
             tenure
             ,
             and
             neede
             no
             exception
             .
          
           
             And
             yet
             in
             the
             Statute
             of
             25.
             
               Ed.
            
             3.
             
               cap.
            
             8.
             there
             is
             an
             exception
             (
             of
             other
             then
             those
             which
             hold
             by
             such
             tenure
             )
             which
             exception
             was
             needlesse
             ,
             because
             no
             charge
             of
             any
             in
             particular
             is
             within
             any
             of
             the
             acts
             of
             Parliament
             ;
             but
             such
             as
             are
             generall
             ,
             and
             extend
             to
             charge
             all
             the
             Subjects
             of
             the
             Realme
             ,
             as
             this
             doth
             .
          
           
             There
             hath
             beene
             another
             objection
             made
             
             
             against
             the
             Statute
             of
             14.
             
               Edw.
            
             3.
             that
             it
             should
             be
             but
             temporary
             ,
             for
             the
             time
             of
             the
             continuance
             of
             those
             wars
             ;
             And
             my
             Brother
             
               Berkley
            
             did
             except
             to
             this
             Statute
             ,
             because
             it
             is
             not
             mentioned
             in
             The
             petition
             of
             right
             .
          
           
             
             To
             this
             there
             needs
             no
             other
             answer
             ,
             then
             the
             Statute
             it selfe
             ,
             First
             the
             preamble
             ,
             and
             then
             the
             body
             of
             the
             Act
             ,
             (
             
               viz.
            
             )
             That
             from
             henceforth
             ,
             they
             shall
             not
             be
             compelled
             to
             make
             any
             aide
             or
             sustaine
             any
             charge
             but
             by
             the
             common
             consent
             of
             the
             Prelates
             ,
             Earles
             ,
             Barons
             ,
             Great
             men
             and
             Commons
             of
             our
             Realme
             of
             England
             ,
             and
             that
             in
             Parliament
             ;
             This
             is
             an
             absolute
             Statute
             .
          
           
             It
             is
             true
             ,
             that
             the
             latter
             clause
             whereby
             the
             King
             was
             pleased
             ,
             that
             the
             profits
             to
             be
             made
             of
             his
             Wards
             ,
             Marriages
             ,
             Escheats
             ,
             and
             other
             profits
             should
             be
             disposed
             of
             for
             the
             maintenance
             of
             the
             Realme
             of
             England
             ,
             and
             of
             his
             wars
             in
             Scotland
             ,
             France
             ,
             and
             Gascoy
             ,
             and
             elsewhere
             ,
             during
             the
             said
             warres
             ,
             This
             was
             a
             matter
             of
             the
             Kings
             bounty
             and
             Grace
             ,
             and
             was
             to
             continue
             no
             longer
             ;
             And
             to
             say
             ,
             that
             because
             it
             was
             not
             particularly
             mentioned
             amongst
             other
             in
             The
             petition
             of
             right
             ,
             therefore
             
             it
             should
             be
             of
             no
             force
             ,
             doth
             not
             stand
             with
             any
             reason
             to
             impeach
             the
             Statute
             ,
             nor
             many
             others
             that
             are
             not
             there
             enumerated
             .
          
           
             The
             last
             and
             greatest
             Objection
             that
             hath
             beene
             made
             ,
             
             first
             by
             my
             Brother
             
               Crawley
               ,
            
             and
             after
             by
             others
             ,
             and
             insisted
             upon
             by
             my
             Brother
             
               Iones
               ,
            
             is
             ;
             That
             this
             is
             a
             Prerogative
             ,
             or
             power
             Royall
             ,
             so
             incident
             to
             the
             Kings
             Majesty
             ,
             that
             it
             cannot
             be
             taken
             away
             by
             any
             act
             of
             Parliament
             ;
             And
             ,
             as
             it
             was
             said
             ,
             it
             is
             
               proprium
               quarto
               modo
            
             :
             And
             in
             proofe
             thereof
             it
             was
             affirmed
             ,
             that
             when
             there
             was
             in
             the
             beginning
             of
             King
             
               Iames
            
             his
             raigne
             a
             purpose
             to
             have
             taken
             away
             all
             tenures
             by
             an
             act
             of
             Parliament
             ,
             and
             to
             have
             shut
             up
             the
             Court
             of
             Wards
             ;
             It
             was
             resolved
             by
             the
             Judges
             ,
             that
             such
             a
             Statute
             had
             beene
             void
             .
          
           
             First
             ,
             I
             doe
             agree
             ,
             that
             there
             are
             many
             things
             so
             incident
             in
             power
             to
             a
             King
             ,
             as
             are
             not
             in
             the
             power
             of
             any
             Parliament
             to
             take
             away
             ,
             as
             appeares
             by
             the
             case
             of
             1.
             
               H.
            
             7.
             of
             the
             disposing
             of
             the
             right
             of
             the
             Kingdome
             ,
             power
             of
             making
             Warre
             and
             Leagues
             ,
             The
             power
             of
             the
             coine
             ,
             and
             the
             value
             of
             coines
             ,
             and
             many
             other
             Monarchicall
             powers
             and
             
             prerogatives
             ,
             which
             to
             be
             taken
             away
             ,
             were
             against
             naturall
             reason
             ,
             and
             are
             incidents
             so
             inseparable
             that
             they
             cannot
             be
             taken
             away
             by
             Parliament
             .
          
           
             And
             yet
             I
             will
             shew
             you
             ,
             and
             prove
             ,
             that
             Acts
             of
             Parliament
             have
             bounded
             ,
             limited
             ,
             and
             qualified
             the
             Kings
             ancient
             and
             inherent
             Prerogatives
             of
             like
             nature
             ,
             and
             of
             as
             great
             importance
             as
             this
             is
             .
          
           
             
             It
             it
             said
             in
             
               Ploydon
               ,
            
             in
             the
             case
             of
             Mines
             ,
             
               f.
            
             332.
             
             That
             every
             Prerogative
             that
             the
             King
             hath
             ,
             containes
             in
             it selfe
             a
             matter
             of
             Prescription
             ,
             and
             as
             it
             is
             there
             said
             ;
             That
             before
             the
             Statute
             of
             ,
             2.
             
               Edw.
            
             3.
             
               cap.
            
             12.
             if
             one
             held
             his
             Land
             by
             Knights
             service
             of
             the
             King
             
               in
               Capite
               ,
            
             and
             had
             aliened
             that
             land
             in
             fee
             ,
             without
             the
             Kings
             licence
             ,
             the
             land
             was
             forfeited
             to
             the
             King
             ;
             And
             the
             King
             should
             have
             had
             the
             land
             to
             him
             and
             his
             Successors
             for
             ever
             ;
             The
             King
             willeth
             and
             granteth
             ,
             that
             the
             King
             shall
             not
             hold
             them
             as
             forfeit
             :
             But
             shall
             take
             a
             reasonable
             fine
             ,
             to
             be
             assessed
             in
             the
             Chancery
             by
             due
             Processe
             .
          
           
             
             And
             in
             the
             same
             booke
             ,
             
               fo.
            
             322.
             
             The
             Kings
             Majesty
             might
             by
             Prerogative
             have
             taken
             
             woods
             in
             any
             mans
             wood
             ,
             for
             the
             repaire
             of
             his
             Castles
             :
             but
             by
             the
             Statute
             of
             
               Magna
               Charta
               ,
               cap.
            
             21.
             he
             is
             excluded
             of
             that
             ;
             The
             words
             are
             [
             Neither
             We
             nor
             our
             Bailiffe
             ,
             nor
             any
             other
             for
             us
             ]
             shall
             take
             wood
             of
             any
             other
             mans
             ,
             to
             repaire
             our
             Castles
             ,
             nor
             to
             doe
             any
             other
             thing
             with
             them
             ,
             but
             by
             good
             will
             of
             him
             whose
             wood
             it
             is
             .
          
           
             And
             by
             the
             Statute
             of
             25.
             
               Edw.
            
             3.
             
               cap.
            
             1.
             
             
             It
             is
             enacted
             that
             from
             thenceforth
             ,
             neither
             he
             nor
             any
             of
             his
             heires
             ,
             shall
             take
             title
             to
             present
             to
             any
             benefice
             of
             the
             right
             of
             another
             ,
             of
             any
             time
             of
             his
             predecessors
             .
          
           
             And
             the
             King
             brought
             a
             
               Quare
               impedit
               ,
            
             and
             made
             title
             to
             an
             avoidance
             in
             the
             time
             of
             King
             
               Edward
            
             the
             first
             Sonne
             of
             King
             
               Henry
            
             the
             third
             ;
             And
             the
             Defendant
             pleaded
             this
             Statute
             ,
             and
             upon
             debate
             and
             argument
             ,
             although
             it
             was
             alleadged
             ,
             that
             this
             Statute
             had
             not
             beene
             put
             in
             use
             ,
             It
             was
             adjudged
             ,
             that
             being
             a
             Statute
             in
             force
             ,
             it
             might
             be
             put
             in
             use
             :
             And
             so
             it
             was
             judged
             against
             the
             King
             .
          
           
             And
             this
             is
             a
             strong
             proofe
             ,
             that
             in
             one
             of
             the
             most
             ancient
             Prerogatives
             incident
             to
             the
             King
             ,
             of
             
               Nullum
               tempus
               occurrat
               Regi
               ,
            
             which
             is
             
             grounded
             upon
             many
             reasons
             ,
             yet
             by
             an
             Act
             of
             Parliament
             ,
             this
             Prerogative
             was
             taken
             away
             .
          
           
             
             See
             the
             Statute
             of
             7.
             
               H.
            
             8.
             
               cap
            
             3.
             
             The
             informer
             is
             limited
             to
             beginne
             his
             suit
             within
             a
             yeare
             ,
             and
             the
             King
             within
             two
             yeares
             and
             not
             after
             ,
             hereby
             the
             Kings
             Prerogative
             of
             
               Nullum
               tempus
            
             is
             taken
             away
             and
             limited
             to
             two
             yeares
             .
          
           
             
             The
             Statute
             of
             21.
             
             
               Iac.
               cap.
            
             2.
             whereby
             our
             late
             King
             
               Iames
            
             of
             famous
             memory
             ,
             was
             content
             to
             exclude
             himselfe
             ,
             to
             make
             any
             title
             to
             lands
             ,
             whereof
             he
             hath
             not
             beene
             in
             possession
             ,
             or
             which
             have
             not
             lawfully
             beene
             put
             in
             charge
             within
             sixtie
             yeares
             :
             But
             enacted
             ,
             that
             such
             persons
             as
             doe
             hold
             those
             lands
             ,
             shall
             hold
             them
             still
             without
             trouble
             :
             And
             that
             Patent
             of
             concealement
             ,
             or
             defective
             title
             ,
             shall
             not
             bee
             a
             putting
             in
             charge
             ,
             or
             standing
             in
             
               super
            
             within
             that
             Statute
             .
          
           
             I
             might
             be
             infinite
             in
             this
             ,
             but
             I
             will
             conclude
             with
             the
             Statute
             of
             21.
             
             
               Iac.
               cap.
            
             14.
             
             
             That
             where
             the
             Kings
             Majesty
             by
             his
             Royall
             Prerogative
             ,
             may
             inforce
             the
             Subject
             in
             informations
             of
             intrusions
             ,
             to
             plead
             specially
             ,
             and
             
             to
             shew
             his
             title
             ,
             or
             to
             lose
             the
             possession
             :
             The
             Kings
             Majesty
             out
             of
             his
             gratious
             disposition
             towards
             his
             loving
             Subjects
             ,
             and
             at
             their
             humble
             suit
             (
             being
             willing
             to
             remit
             a
             part
             of
             his
             ancient
             Regall
             power
             )
             is
             well
             pleased
             that
             it
             be
             enacted
             :
             And
             be
             it
             enacted
             ;
             That
             where
             the
             Kings
             Majesty
             hath
             beene
             ,
             or
             shall
             be
             out
             of
             possession
             ,
             for
             the
             space
             of
             twenty
             yeares
             ;
             or
             shall
             not
             have
             taken
             the
             profits
             of
             any
             lands
             ,
             or
             tenements
             ,
             within
             the
             space
             of
             twenty
             yeares
             ;
             That
             in
             such
             case
             the
             Defendant
             may
             plead
             the
             generall
             issue
             ,
             if
             they
             thinke
             fit
             :
             And
             shall
             not
             be
             pressed
             to
             plead
             specially
             ;
             And
             shall
             retaine
             the
             possession
             ,
             till
             the
             title
             be
             tried
             and
             found
             for
             the
             King
             .
             And
             that
             no
             
               Scire
               facias
               ,
            
             shall
             be
             brought
             to
             put
             the
             party
             to
             a
             speciall
             pleading
             ,
             where
             an
             information
             may
             be
             fitly
             brought
             .
          
           
             By
             these
             and
             many
             other
             of
             the
             like
             nature
             ;
             It
             must
             be
             agreed
             ,
             that
             ancient
             ,
             Regall
             ,
             and
             inseparable
             Prerogatives
             ,
             and
             powers
             ,
             may
             be
             ,
             and
             have
             beene
             qualified
             ,
             bounded
             ,
             and
             limited
             for
             the
             ease
             and
             benefit
             of
             the
             Subjects
             .
          
           
             And
             give
             me
             leave
             to
             say
             this
             of
             Parliaments
             ,
             
             
             that
             they
             have
             beene
             esteemed
             by
             the
             wisedome
             of
             former
             times
             ,
             to
             be
             so
             necessary
             ,
             as
             there
             were
             acts
             of
             Parliament
             heretofore
             made
             in
             the
             time
             of
             King
             
               Edward
            
             the
             third
             ;
             which
             you
             may
             see
             ,
             
               Anno
            
             36.
             
               Edw.
            
             3.
             
               cap.
            
             10.
             
             That
             for
             the
             maintenance
             of
             Articles
             ,
             and
             Statutes
             ,
             and
             for
             the
             redresse
             of
             divers
             mischiefes
             ,
             and
             grievances
             ,
             which
             daily
             happen
             ,
             it
             was
             enacted
             that
             a
             Parliament
             should
             be
             holden
             every
             yeare
             .
          
           
             
             Another
             reason
             is
             ,
             that
             they
             have
             beene
             esteemed
             necessary
             for
             determining
             of
             difficult
             matters
             :
             And
             therefore
             
               Bracton
               ,
            
             who
             wrote
             in
             the
             time
             of
             King
             
               Henry
            
             the
             third
             ,
             
               fo.
            
             1
             
               Leges
               Anglicanae
               &
               consuetudines
               approbatae
               consensu
               utentium
               ,
               &
               sacramento
               Regis
               confirmatae
               ,
               mutari
               non
               poterunt
               nec
               destrui
               ,
               sine
               consensu
               &
               consilio
               eorum
               ,
               quorum
               consensu
               &
               consilio
               fuerunt
               promulgatae
               :
               sin
               autem
               aliqua
               nova
               &
               inconsueta
               emerserint
               ,
               quae
               prius
               usitata
               non
               fuerunt
               in
               Regno
               ,
               et
               obscurum
               sit
               eorum
               judicium
               ,
               tunc
               ponentur
               judicia
               in
               respectu
               usque
               ad
               magnani
               curiam
               ,
               ubi
               per
               consensum
               curiae
               terminentur
               .
            
          
           
             
             See
             to
             this
             purpose
             ,
             an
             excellent
             case
             in
             2.
             
               Edw.
            
             3.
             
               fo.
            
             7.
             upon
             the
             Statute
             of
             
               Winchester
               ,
            
             
             where
             a
             robbery
             was
             done
             ,
             and
             a
             recovery
             against
             the
             hundred
             next
             adjoyning
             ,
             and
             a
             levy
             made
             of
             the
             Bishop
             of
             
               Coventries
            
             tenements
             ,
             of
             the
             Hundreth
             in
             
               Staffordshire
               ,
            
             The
             Bishop
             came
             into
             Court
             and
             pleaded
             a
             Charter
             of
             exemption
             made
             by
             King
             
               Richard
            
             the
             first
             ,
             and
             a
             confirmation
             thereof
             by
             King
             
               Edw.
            
             the
             first
             :
             And
             for
             the
             difficluty
             upon
             the
             Charters
             ,
             and
             upon
             the
             exposition
             of
             the
             words
             of
             the
             Statute
             ,
             there
             came
             a
             Writ
             to
             remove
             the
             record
             into
             the
             Parliament
             ,
             
               Quindecim
               Pasch.
            
             and
             the
             Sheriffe
             was
             appointed
             to
             attend
             there
             with
             the
             money
             levied
             .
          
           
             See
             the
             Register
             ,
             
             where
             it
             appeares
             ,
             that
             certaine
             Messengers
             had
             from
             the
             Pope
             served
             Processe
             upon
             an
             Officer
             of
             the
             Court
             of
             Chancery
             ,
             then
             held
             at
             
               Yorke
               ,
            
             to
             command
             him
             by
             those
             Bulls
             to
             appeare
             at
             Rome
             ;
             And
             for
             this
             contempt
             ,
             the
             party
             who
             served
             the
             said
             Processe
             ,
             was
             committed
             to
             the
             Castle
             at
             
               Yorke
            
             :
             And
             at
             length
             the
             Kings
             Majesty
             by
             the
             intreaty
             of
             divers
             of
             the
             Great
             men
             of
             the
             Realme
             ,
             was
             content
             ,
             upon
             taking
             bond
             ,
             that
             he
             should
             answer
             the
             said
             contempt
             ,
             
               ad
               proximum
               Parliamentum
               nostrum
               ,
               ubicunque
               illud
               summoniri
               
               contigerit
               ,
            
             to
             deliver
             him
             out
             of
             prison
             .
          
           
             
             Then
             the
             Statute
             of
             
               Winchester
            
             2.
             the
             twenty
             eighth
             chapter
             of
             
               Concordent
               Clerici
               in
               Cancell
               .
               de
               novo
               brevi
               ,
               vel
               attendent
               in
               prox
               .
               Parliamentum
               .
            
          
           
             The
             further
             necessity
             &
             estimation
             ,
             which
             have
             beene
             taken
             to
             be
             of
             Parliaments
             ,
             is
             the
             number
             and
             frequencie
             of
             them
             ;
             For
             you
             may
             see
             by
             the
             commentaries
             upon
             
               Littleton
               ,
               fo.
            
             100.
             that
             before
             the
             Conquest
             ,
             and
             in
             the
             Conquerors
             time
             ,
             and
             after
             till
             the
             end
             of
             King
             
               Henry
            
             the
             third
             his
             time
             ,
             there
             were
             two
             hundred
             eighty
             Sessions
             of
             Parliament
             ;
             And
             since
             almost
             two
             hundred
             .
          
           
             
             Another
             reason
             ,
             as
             I
             conceive
             ,
             to
             be
             collected
             out
             of
             the
             oath
             ,
             which
             the
             Kings
             of
             this
             Realme
             take
             at
             their
             Coronation
             ,
             which
             is
             Printed
             in
             
               Magna
               Charta
               ,
            
             whereby
             the
             King
             agrees
             to
             give
             consent
             to
             such
             Lawes
             ,
             as
             shall
             be
             propounded
             for
             the
             profit
             and
             good
             of
             the
             Kingdome
             .
          
           
             And
             that
             I
             conceive
             is
             the
             cause
             ,
             that
             when
             Bills
             come
             up
             ,
             being
             agreed
             by
             both
             the
             Houses
             ;
             the
             Kings
             Majesty
             ,
             to
             those
             he
             doth
             not
             allow
             ,
             or
             not
             like
             of
             ,
             doth
             make
             no
             direct
             deniall
             ,
             but
             
               Le
               Roy
               le
               avisera
               .
            
             For
             nothing
             
             can
             be
             done
             without
             the
             Kings
             consent
             ,
             who
             hath
             sole
             power
             to
             call
             ,
             to
             prorogue
             and
             to
             dissolve
             Parliaments
             at
             his
             pleasure
             .
             And
             I
             know
             not
             ,
             whether
             the
             last
             meeting
             in
             Parliament
             ,
             either
             by
             ill
             choice
             of
             the
             members
             of
             that
             House
             ,
             or
             by
             the
             great
             increase
             of
             the
             number
             ,
             or
             by
             the
             ambitious
             humours
             of
             some
             members
             of
             that
             house●
             who
             aimed
             more
             at
             their
             owne
             ends
             ,
             and
             designes
             ,
             then
             the
             generall
             good
             of
             the
             Commonwealth
             ;
             Things
             were
             so
             carried
             ,
             not
             as
             was
             used
             in
             ancient
             time
             ,
             but
             so
             disasterously
             ,
             that
             it
             hath
             wrought
             such
             a
             distaste
             of
             this
             course
             of
             Parliaments
             ,
             as
             we
             ,
             and
             all
             that
             truly
             love
             the
             Commonwealth
             have
             just
             cause
             to
             be
             sorry
             for
             it
             .
          
           
             NOw
             I
             come
             to
             my
             third
             head
             ,
             
             that
             is
             ,
             to
             give
             answer
             to
             such
             precedents
             as
             have
             beene
             shewed
             ,
             and
             insisted
             upon
             ,
             to
             prove
             that
             the
             Kings
             of
             this
             Realme
             ,
             have
             made
             such
             impositions
             ,
             even
             in
             the
             matter
             of
             Shipping
             .
          
           
             And
             herein
             first
             they
             have
             insisted
             upon
             a
             tribute
             ,
             
             or
             imposition
             called
             Danegelt
             ,
             which
             was
             begunne
             in
             
               Etheldreds
            
             time
             ,
             which
             as
             it
             
             was
             said
             ,
             was
             double
             ,
             
               ad
               placandos
               Danos
               ,
               vel
               ad
               coercendum
               Danos
               ,
            
             which
             was
             very
             grievous
             and
             of
             long
             continuance
             ;
             For
             as
             it
             was
             said
             by
             my
             Brother
             
               Croke
               ,
            
             it
             was
             first
             tenne
             thousand
             pounds
             yearly
             ,
             then
             increased
             to
             sixteene
             thousand
             ,
             then
             to
             twenty
             foure
             thousand
             ,
             then
             to
             thirty
             six
             thousand
             yearely
             :
             And
             from
             twelve
             pence
             for
             every
             hide
             of
             Land
             ,
             to
             twelve
             shillings
             for
             every
             hide
             of
             land
             .
          
           
             This
             Tribute
             continued
             after
             the
             Danes
             ,
             for
             in
             the
             time
             of
             the
             Normans
             ,
             it
             became
             to
             be
             called
             a
             tallage
             ,
             or
             taxe
             ;
             King
             
               Henry
            
             the
             first
             granted
             to
             the
             Citizens
             of
             London
             to
             be
             quit
             ,
             and
             free
             from
             Danegelt
             :
             And
             the
             same
             King
             about
             the
             thirtieth
             yeare
             of
             his
             raigne
             ,
             in
             redemption
             of
             his
             sinne
             ,
             did
             grant
             that
             
               Danicum
               Tributum
            
             should
             be
             totally
             released
             for
             seaven
             yeares
             ,
             
             as
             it
             appeares
             in
             Sr.
             
               Henry
               Spelmans
            
             booke
             intituled
             
               Glossarium
               ,
               fol.
            
             200.
             
          
           
             
             To
             this
             I
             give
             this
             answer
             ,
             that
             by
             the
             Statute
             of
             34.
             
               Edw.
            
             1.
             
             
               De
               tallagio
               non
               concedendo
            
             but
             by
             Parliament
             ,
             this
             was
             taken
             away
             :
             And
             thereupon
             insues
             a
             strong
             argument
             ,
             that
             if
             such
             a
             thing
             as
             the
             Danegelt
             ,
             which
             had
             so
             long
             continued
             ,
             were
             not
             taken
             away
             by
             
             these
             acts
             of
             Parliament
             ,
             it
             might
             have
             beene
             put
             in
             use
             :
             For
             no
             man
             will
             maintaine
             ,
             that
             this
             tribute
             of
             Danegelt
             ,
             can
             now
             be
             imposed
             at
             this
             day
             by
             the
             Kings
             Writ
             ,
             under
             the
             great
             Seale
             ,
             which
             it
             might
             be
             if
             these
             Statutes
             had
             not
             taken
             it
             away
             .
          
           
             And
             for
             this
             purpose
             ,
             
             in
             the
             Statutes
             made
             in
             the
             foure
             and
             thirtieth
             yeare
             of
             King
             
               Edw.
            
             1.
             
               cap.
            
             8.
             
             The
             King
             grants
             to
             Clerkes
             and
             Lay-men
             ,
             that
             they
             shall
             have
             their
             laws
             ,
             liberties
             ,
             and
             free
             customes
             ,
             as
             they
             have
             used
             the
             same
             at
             any
             time
             when
             they
             had
             them
             best
             ;
             And
             if
             any
             Statutes
             have
             beene
             made
             ,
             or
             any
             customes
             brought
             in
             by
             us
             ;
             or
             our
             Ancestors
             to
             the
             contrary
             ,
             that
             they
             shall
             be
             void
             and
             frustrate
             for
             evermore
             .
          
           
             And
             concerning
             the
             generality
             of
             precedents
             ,
             which
             have
             beene
             made
             use
             of
             on
             the
             one
             side
             ,
             and
             on
             the
             other
             ,
             out
             of
             Membrana's
             ,
             Patents
             ,
             and
             Commissions
             ,
             and
             answers
             to
             petitions
             in
             the
             Rolls
             of
             Parliament
             (
             to
             Petitions
             ;
             )
             I
             am
             very
             sorry
             that
             such
             obsolete
             and
             ancient
             things
             ,
             have
             beene
             mentioned
             ,
             many
             of
             which
             ,
             in
             my
             judgement
             ,
             had
             beene
             better
             to
             have
             slept
             in
             silence
             ,
             then
             to
             have
             beene
             spoken
             of
             in
             these
             times
             .
          
           
           
             But
             for
             a
             generall
             answer
             to
             all
             such
             as
             have
             beene
             shewed
             before
             ,
             the
             Statutes
             
               de
               Tallagio
               non
               concedendo
               ,
            
             And
             the
             Statute
             of
             14.
             
               Ed.
            
             3.
             may
             be
             given
             ,
             And
             that
             is
             that
             they
             are
             of
             no
             force
             being
             now
             expresly
             taken
             away
             by
             the
             said
             Statutes
             ;
             And
             to
             such
             as
             have
             been
             shewed
             since
             ,
             some
             in
             the
             time
             of
             
               Edward
            
             the
             third
             ,
             they
             are
             but
             very
             few
             ,
             and
             being
             directly
             contrary
             to
             the
             Statute
             then
             in
             force
             ,
             they
             are
             not
             available
             to
             prove
             the
             lawfulnesse
             of
             this
             Taxation
             :
             besides
             ,
             King
             
               Edward
            
             the
             third
             acknowledged
             that
             he
             had
             charged
             his
             people
             with
             great
             burthens
             ,
             and
             desired
             that
             they
             might
             be
             forgotten
             ;
             And
             that
             he
             was
             urged
             to
             it
             by
             necessity
             ,
             and
             not
             for
             any
             ill
             end
             of
             his
             owne
             ,
             as
             appeared
             upon
             the
             reading
             thereof
             in
             Court
             .
          
           
             
             And
             lastly
             ,
             there
             were
             many
             effectuall
             precedents
             shewed
             ,
             that
             for
             imbarging
             of
             Ships
             ,
             and
             for
             building
             of
             Gallies
             at
             Bristow
             ,
             specially
             set
             downe
             in
             number
             ,
             and
             the
             content
             ,
             and
             so
             in
             divers
             Port
             Townes
             :
             And
             they
             are
             injoyned
             ,
             
               in
               fide
               quanobis
               tenemini
               ,
               et
               sicut
               honorem
               nostram
               diligitis
               ,
               &
               exhereditationem
               nostram
               vitare
               ,
               &
               sicut
               nos
               ipsos
               indempnos
               servare
               volueritis
            
             ;
             
             herein
             is
             a
             strong
             command
             ,
             and
             as
             great
             necessity
             ;
             And
             yet
             there
             was
             a
             Clause
             in
             these
             Commissions
             ,
             (
             
               viz.
            
             )
             
               Et
               vestrum
               quod
               ad
               illud
               posueritis
               ,
               cum
               illud
               sciverimus
               in
               exitibus
               Balivat
               '
               allocari
               faciemus
               .
            
          
           
             And
             in
             2.
             
               Hen.
            
             4.
             
             Parliament
             recites
             that
             
             where
             divers
             Commissions
             were
             made
             to
             divers
             Cities
             ,
             Boroughs
             ,
             and
             Towns
             ,
             to
             command
             the
             making
             of
             certaine
             Barges
             ,
             and
             Billingers
             without
             the
             assent
             of
             Parliament
             ,
             and
             in
             another
             manner
             then
             had
             beene
             done
             before
             ;
             The
             Commons
             did
             pray
             the
             King
             ,
             that
             the
             said
             commissions
             might
             be
             repealed
             ,
             and
             that
             they
             should
             bee
             of
             no
             force
             ,
             or
             effect
             ;
             And
             the
             King
             answered
             ,
             that
             the
             said
             commissions
             should
             be
             repealed
             for
             ever
             .
          
           
             But
             for
             the
             great
             necessity
             of
             such
             Vessels
             ,
             for
             the
             defence
             of
             the
             Realme
             in
             case
             that
             the
             Wars
             doe
             come
             ,
             the
             King
             will
             commune
             of
             this
             matter
             with
             the
             Lords
             ,
             and
             after
             he
             will
             shew
             it
             to
             the
             Cōmons
             to
             have
             their
             consent
             .
          
           
             And
             so
             I
             leave
             those
             precedents
             ,
             which
             together
             with
             some
             other
             Objections
             ,
             have
             beene
             fully
             answered
             by
             my
             brother
             
               Croke
               ,
            
             and
             proceed
             to
             my
             further
             point
             .
          
           
           
             
             THat
             is
             that
             since
             the
             time
             of
             
               Richard
            
             the
             second
             ,
             and
             
               Henry
            
             the
             fourth
             ,
             there
             have
             beene
             no
             such
             thing
             attempted
             ,
             and
             that
             this
             disuse
             is
             a
             sufficient
             matter
             to
             prove
             the
             unlawfulnesse
             ;
             For
             since
             that
             time
             ,
             though
             there
             have
             beene
             in
             the
             raignes
             of
             many
             Kings
             ,
             occasion
             of
             imployments
             ,
             both
             of
             ships
             for
             the
             defence
             of
             the
             Sea
             ,
             and
             service
             of
             the
             Land
             ,
             yet
             the
             course
             and
             order
             of
             defence
             hath
             been
             by
             severall
             other
             waies
             :
             As
             by
             commissions
             to
             provide
             men
             for
             to
             serve
             for
             wages
             ;
             And
             by
             Indentures
             of
             covenants
             ,
             which
             were
             very
             frequent
             to
             be
             made
             betweene
             the
             Captaine
             ,
             and
             the
             King
             ,
             that
             he
             should
             covenant
             to
             serve
             with
             so
             many
             men
             ,
             for
             such
             particular
             times
             ,
             and
             for
             such
             wages
             as
             were
             comprised
             therein
             ,
             and
             the
             precedents
             of
             moderne
             times
             have
             beene
             this
             way
             all
             for
             wages
             .
          
           
             This
             is
             proved
             by
             an
             Indenture
             made
             in
             the
             fifteenth
             yeare
             of
             
               Edward
            
             the
             fourth
             ,
             and
             Sr.
             
               William
               Pirton
            
             Knight
             ,
             reciting
             that
             the
             King
             had
             disposed
             of
             an
             Army
             of
             foure
             thousand
             men
             for
             the
             narrow
             Seas
             ,
             and
             the
             keeping
             of
             them
             ;
             And
             that
             he
             should
             have
             
             constantly
             foure
             hundred
             sixtie
             men
             under
             him
             ,
             for
             foure
             moneths
             ,
             The
             Kings
             Majesty
             was
             to
             finde
             the
             ships
             furnished
             with
             Guns
             ,
             Powder
             ,
             Artillery
             ,
             and
             Victuall
             ,
             and
             that
             the
             said
             
               William
               Pirton
               ,
            
             should
             take
             wages
             for
             every
             of
             his
             Companie
             ,
             (
             
               viz.
            
             )
             two
             shillings
             a
             week
             ,
             and
             the
             times
             appointed
             for
             the
             payment
             thereof
             .
          
           
             And
             the
             eight
             and
             twentieth
             of
             King
             
               Henry
            
             the
             eight
             it
             appeares
             ,
             by
             a
             letter
             under
             the
             privy
             Signet
             then
             ,
             when
             by
             command
             men
             were
             raised
             in
             the
             County
             of
             Lancaster
             ,
             and
             by
             command
             comming
             towards
             the
             county
             of
             Lincolne
             ,
             to
             aide
             the
             suppression
             of
             rebells
             ,
             The
             rebells
             having
             submitted
             before
             they
             came
             ,
             they
             were
             commanded
             to
             returne
             ,
             and
             for
             their
             charges
             in
             their
             entertainment
             ,
             and
             conveying
             of
             thē
             a
             reasonable
             bil
             should
             be
             made
             ,
             and
             sent
             to
             the
             King
             by
             a
             trusty
             messenger
             ,
             and
             he
             would
             cause
             a
             convenient
             recompence
             to
             be
             delivered
             accordingly
             .
          
           
             And
             for
             that
             which
             hath
             beene
             insisted
             upon
             ,
             that
             there
             hath
             beene
             Commissions
             of
             Array
             ,
             and
             provision
             for
             Armes
             ,
             and
             for
             preparing
             Armour
             from
             time
             to
             time
             ;
             It
             is
             
             not
             to
             be
             denied
             ,
             That
             first
             by
             severall
             Statutes
             ,
             as
             that
             of
             
               Winchester
            
             and
             divers
             since
             ;
             The
             Armour
             ,
             and
             Weapons
             ,
             wherewith
             the
             Subjects
             of
             this
             Realme
             have
             beene
             charged
             ,
             are
             severall
             ,
             and
             changed
             according
             to
             the
             variety
             of
             times
             ,
             as
             things
             have
             growne
             out
             of
             use
             ;
             And
             other
             manner
             of
             provision
             more
             serviceable
             and
             necessary
             ,
             for
             which
             there
             have
             beene
             directions
             for
             views
             ,
             and
             for
             trayning
             ,
             and
             disciplining
             of
             Souldiers
             ,
             to
             be
             prepared
             for
             defence
             ;
             that
             this
             hath
             beene
             in
             use
             no
             man
             can
             or
             ever
             could
             deny
             ;
             or
             affirme
             the
             contrary
             :
             But
             the
             Armes
             wherewith
             they
             were
             charged
             were
             their
             own
             proper
             goods
             ;
             And
             in
             all
             the
             Prerogatives
             which
             have
             beene
             before
             by
             Mr.
             Attorney
             generall
             urged
             ,
             that
             the
             King
             hath
             interest
             in
             mens
             goods
             ,
             and
             to
             execute
             his
             writs
             by
             his
             Sheriffes
             upon
             mens
             persons
             ,
             and
             in
             their
             lands
             ,
             for
             giving
             possession
             ,
             and
             for
             levying
             amerciaments
             ,
             and
             fines
             ,
             and
             power
             to
             put
             some
             of
             his
             Subjects
             out
             of
             their
             possessions
             ,
             and
             to
             deliver
             the
             possession
             therof
             to
             others
             ,
             as
             it
             appeares
             in
             
               Ploydon
            
             in
             
               Manxells
            
             case
             which
             was
             vouched
             by
             Mr.
             Attorney
             generall
             .
          
           
           
             This
             is
             very
             true
             ,
             for
             this
             is
             a
             thing
             which
             the
             King
             is
             bound
             to
             doe
             for
             the
             good
             of
             his
             Subjects
             .
          
           
             For
             as
             it
             is
             agreed
             in
             34.
             
               H.
            
             6.
             
               fo.
            
             14.
             
             
             The
             Kings
             Majesty
             is
             bound
             to
             keepe
             his
             Courts
             of
             Chancery
             ,
             and
             all
             his
             other
             Courts
             at
             his
             own
             charge
             ;
             And
             39.
             
               H.
            
             6.
             
               fo.
            
             40.
             
             The
             King
             is
             bound
             to
             doe
             Law
             and
             right
             to
             all
             his
             Subjects
             ;
             which
             without
             these
             powers
             and
             prerogatives
             could
             not
             be
             performed
             .
          
           
             Out
             of
             these
             and
             the
             like
             of
             murage
             and
             pontage
             ,
             there
             can
             no
             sound
             argument
             bee
             drawne
             ,
             to
             warrant
             this
             provision
             of
             Ships
             ,
             and
             men
             ,
             and
             furniture
             for
             warre
             ,
             when
             the
             King
             will
             so
             appoint
             .
          
           
             But
             I
             conceive
             that
             it
             hath
             beene
             generally
             agreed
             by
             all
             the
             Judges
             (
             
               nullo
               contradicente
            
             )
             that
             if
             this
             Writ
             of
             4.
             
             
               Augusti
               ,
            
             which
             is
             for
             provision
             of
             a
             Ship
             ,
             and
             furniture
             ,
             and
             men
             ,
             had
             beene
             for
             to
             have
             authorized
             the
             Sheriffes
             to
             have
             levied
             monies
             of
             the
             Subjects
             for
             that
             purpose
             ;
             That
             then
             the
             Writ
             could
             not
             have
             given
             power
             to
             have
             done
             it
             ,
             because
             that
             would
             have
             beene
             expresly
             against
             the
             Statutes
             ;
             And
             if
             that
             be
             granted
             ,
             then
             considering
             
             that
             these
             Writs
             to
             the
             Sheriffes
             ,
             are
             accompanied
             with
             instructions
             ,
             commanding
             and
             directing
             the
             levying
             of
             money
             ,
             and
             proportioning
             what
             summe
             is
             to
             be
             raised
             in
             every
             County
             for
             that
             service
             ;
             As
             in
             the
             County
             of
             Yorke
             ,
             and
             in
             the
             County
             of
             the
             Citie
             of
             Yorke
             ,
             the
             summe
             of
             twelve
             thousand
             pounds
             ,
             and
             the
             summe
             of
             eight
             thousand
             pounds
             for
             the
             County
             of
             Lincolne
             :
             And
             so
             a
             proportion
             of
             money
             for
             every
             County
             for
             that
             purpose
             :
             The
             consequence
             thereof
             may
             be
             this
             ,
             that
             this
             levy
             ,
             which
             hath
             obtained
             the
             name
             of
             Ship-money
             ,
             and
             wherein
             no
             indeavour
             hath
             ever
             beene
             made
             for
             preparing
             any
             such
             Ship
             ,
             or
             furniture
             ,
             or
             men
             ,
             as
             the
             Writ
             in
             it selfe
             purports
             ,
             is
             not
             pursued
             ,
             or
             warranted
             by
             this
             generall
             levy
             of
             ship
             ,
             money
             :
             for
             it
             is
             a
             rule
             ,
             
               Id
               quod
               non
               fieri
               potest
               directe
               ,
               ex
               obliquo
               fieri
               non
               debet
               .
            
          
           
             I
             confesse
             that
             divers
             of
             the
             Kings
             of
             this
             Realm
             ,
             have
             upon
             some
             pretended
             occasions
             ,
             taken
             upon
             them
             by
             perswasion
             of
             some
             Great
             men
             in
             their
             time
             ,
             and
             assumed
             a
             Royall
             and
             Monarchicall
             power
             ,
             to
             levy
             monies
             by
             Commissions
             ,
             and
             have
             extended
             that
             
             power
             very
             farre
             ,
             whereof
             you
             may
             read
             ,
             That
             in
             the
             seaventeenth
             yeare
             of
             King
             
               Henry
            
             the
             eight
             ;
             
             Cardinall
             
               Woolsie
            
             was
             charged
             to
             have
             beene
             the
             cause
             of
             directing
             Commissions
             into
             all
             Countries
             ,
             for
             the
             levying
             of
             the
             sixt
             part
             of
             all
             mens
             goods
             ,
             and
             the
             sixt
             part
             of
             their
             Plate
             ,
             for
             that
             the
             King
             was
             then
             determined
             to
             make
             warre
             with
             France
             ,
             and
             to
             passe
             the
             Sea
             himselfe
             :
             This
             being
             attempted
             by
             inforcing
             some
             ,
             and
             sending
             others
             to
             prison
             ,
             it
             grew
             to
             be
             so
             generally
             misliked
             ,
             that
             the
             people
             rose
             up
             in
             divers
             Countries
             ,
             and
             thē
             the
             King
             disclaimed
             that
             it
             was
             done
             without
             his
             Privity
             :
             The
             Cardinall
             charged
             it
             to
             be
             done
             ;
             first
             by
             the
             consent
             of
             the
             Counsell
             ;
             which
             they
             denied
             ;
             then
             he
             charged
             the
             Judges
             to
             be
             consenting
             ,
             which
             being
             untrue
             ,
             the
             Cardinall
             tooke
             it
             to
             himselfe
             ;
             And
             all
             the
             Commissions
             were
             recalled
             ,
             you
             may
             see
             it
             at
             large
             set
             downe
             in
             divers
             Chronicles
             :
             And
             in
             the
             latter
             times
             of
             our
             gracious
             Queene
             
               Elizabeth
               ,
            
             upon
             pretence
             of
             want
             ,
             for
             expeditions
             in
             Ireland
             ,
             There
             was
             a
             generall
             Benevolence
             required
             ,
             and
             it
             went
             on
             for
             a
             time
             ,
             and
             so
             farre
             as
             it
             came
             to
             be
             voluntarily
             
             levied
             in
             the
             Innes
             of
             Court
             ;
             And
             I
             can
             speake
             it
             of
             my
             own
             knowledge
             ,
             I
             paid
             a
             sum
             ,
             I
             think
             but
             twenty
             shillings
             ,
             
             &
             others
             paid
             likewise
             :
             But
             not
             long
             after
             (
             as
             it
             was
             said
             )
             when
             the
             Queene
             was
             informed
             ,
             that
             this
             Benevolence
             was
             expresly
             against
             the
             Statute
             of
             
               Richard
            
             the
             third
             ,
             and
             against
             the
             Laws
             ,
             and
             distastfull
             ;
             All
             the
             monies
             levied
             was
             commanded
             to
             be
             restored
             and
             repaied
             ,
             and
             mine
             was
             ,
             and
             the
             rest
             was
             so
             to
             others
             ,
             as
             I
             heard
             ,
             and
             doe
             verily
             believe
             ;
             and
             this
             was
             attempted
             by
             so
             gracious
             a
             Queen
             .
          
           
             And
             to
             speak
             nothing
             of
             the
             Commission
             dated
             the
             thirteenth
             day
             of
             
               October
               ,
            
             in
             the
             second
             yeare
             of
             our
             gracious
             Soveraigne
             Lord
             the
             Kings
             Majesty
             ,
             for
             the
             Loan
             and
             levying
             of
             the
             five
             Subsidies
             ,
             which
             was
             effected
             ,
             and
             acknowledged
             after
             not
             to
             be
             warranted
             by
             the
             Laws
             and
             Statutes
             :
             This
             point
             is
             apparent
             ,
             That
             in
             time
             of
             necessities
             these
             Legall
             or
             Monarchicall
             Powers
             have
             been
             assumed
             in
             the
             times
             of
             other
             Kings
             .
          
           
             And
             hereupon
             I
             conclude
             these
             points
             ,
             That
             the
             Statutes
             have
             taken
             away
             this
             power
             of
             charging
             the
             Subjects
             of
             this
             Realme
             
             with
             any
             generall
             and
             publique
             Charge
             ,
             Aide
             or
             Tallages
             ,
             or
             burthens
             for
             any
             businesse
             ,
             but
             onely
             by
             their
             consent
             in
             Parliament
             ,
             and
             no
             Usage
             ,
             Precedent
             ,
             or
             Custome
             ,
             if
             any
             such
             have
             been
             ,
             can
             by
             Law
             take
             away
             the
             force
             of
             these
             Acts
             of
             Parliament
             ,
             so
             long
             as
             they
             stand
             in
             force
             .
          
           
             And
             I
             doe
             absolutely
             beleeve
             ,
             that
             if
             the
             Kings
             Majesty
             had
             not
             been
             perswaded
             by
             some
             opinions
             ,
             that
             this
             course
             was
             warranted
             by
             Law
             ,
             and
             Custome
             of
             the
             Realme
             ,
             that
             he
             would
             not
             have
             attempted
             the
             same
             .
          
           
             NOw
             I
             proceed
             to
             the
             fifth
             part
             ;
             
             That
             the
             matter
             which
             is
             contained
             in
             the
             Writ
             of
             4.
             
             
               Augusti
               ,
               Anno
            
             11.
             
             
               Car.
            
             doth
             not
             contain
             sufficient
             matter
             to
             warrant
             this
             levy
             .
          
           
             First
             ,
             the
             words
             of
             the
             Writ
             are
             not
             any
             affirmance
             directly
             of
             any
             danger
             ,
             for
             they
             are
             but
             
               Quia
               datum
               est
               nobis
               intelligi
               ;
            
             this
             is
             but
             of
             information
             ,
             and
             not
             
               ex
               certa
               scientia
               ,
            
             which
             are
             of
             more
             force
             :
             The
             other
             words
             are
             but
             of
             information
             or
             suggestion
             .
          
           
             Then
             for
             the
             matter
             ;
             It
             containes
             onely
             these
             points
             ,
             That
             there
             are
             many
             Pirats
             and
             
             Sea-robbers
             ,
             congregated
             upon
             the
             Sea
             ,
             to
             take
             away
             some
             of
             our
             Subjects
             into
             miserable
             Captivity
             ,
             and
             to
             hinder
             our
             Merchants
             to
             bring
             in
             their
             merchandizes
             and
             goods
             ,
             and
             the
             goods
             and
             Merchandizes
             of
             the
             Subjects
             of
             our
             friends
             comming
             and
             traffiquing
             hither
             ;
             and
             spoyling
             of
             our
             Merchants
             :
             And
             for
             that
             the
             Sea
             hath
             bin
             ,
             and
             ought
             to
             be
             defended
             by
             
               Gentem
               Anglicanam
               ,
            
             And
             they
             inttending
             to
             trouble
             the
             Kingdome
             ;
          
           
             And
             we
             considering
             the
             danger
             every where
             now
             imminent
             ,
             and
             desiring
             the
             defence
             of
             the
             Realme
             ,
             the
             safe-gard
             of
             the
             Sea
             ,
             the
             security
             of
             our
             Subjects
             ,
             the
             safe
             conducting
             of
             the
             ships
             of
             our
             Merchants
             ,
             &
             of
             their
             merchandizes
             ,
             to
             come
             into
             our
             Realme
             ,
             and
             to
             goe
             forth
             of
             the
             Realme
             ,
             and
             willing
             to
             provide
             for
             their
             aid
             ,
             doe
             therefore
             direct
             this
             Writ
             .
          
           
             Here
             is
             no
             matter
             of
             any
             publique
             danger
             to
             all
             the
             Subjects
             ,
             no
             intended
             comming
             upon
             the
             Land
             ,
             but
             to
             robbe
             and
             spoile
             as
             Pirates
             by
             Sea
             ,
             and
             conspirators
             to
             molest
             Merchants
             ,
             to
             hinder
             traffique
             ,
             to
             take
             some
             prisoners
             ,
             as
             have
             bin
             done
             heretofore
             ,
             sometimes
             
             by
             the
             Dunkirks
             ,
             and
             many
             times
             by
             the
             Pirats
             to
             Argiers
             .
          
           
             All
             this
             is
             but
             such
             a
             defence
             as
             doth
             require
             but
             the
             ordinary
             defence
             ,
             to
             the
             which
             the
             Kings
             Majesty
             is
             solely
             bound
             for
             to
             see
             performed
             ,
             for
             the
             ordinary
             benefits
             ,
             that
             he
             hath
             of
             Customes
             ,
             and
             Subsidies
             of
             Wines
             ,
             and
             other
             profits
             ,
             besides
             the
             Tunnage
             and
             Poundage
             ;
             And
             the
             Ships
             which
             are
             provided
             by
             the
             Cinque ports
             ,
             for
             which
             they
             have
             many
             priviledges
             .
          
           
             This
             matter
             contained
             in
             the
             Writ
             ,
             by
             all
             the
             particulars
             ,
             doth
             not
             comprize
             any
             generall
             assault
             or
             attempt
             to
             be
             made
             for
             taking
             any
             Townes
             ,
             as
             hath
             beene
             beforetime
             .
          
           
             Another
             reason
             to
             prove
             that
             the
             Writ
             doth
             not
             containe
             sufficient
             matter
             to
             induce
             a
             generall
             charge
             (
             is
             to
             be
             collected
             ,
             )
             That
             this
             being
             perceived
             ,
             it
             is
             contained
             more
             amply
             ,
             and
             laboured
             to
             be
             aided
             and
             supplied
             by
             the
             words
             put
             into
             the
             
               Mittimus
               ,
            
             which
             are
             of
             more
             efficacie
             ;
             For
             therein
             is
             contained
             ,
             which
             is
             not
             in
             the
             Writ
             of
             4.
             
             
               Augusti
               :
               Quod
               pro
               defensione
               Regni
               ,
               &
               tuitione
               maris
            
             ;
             And
             for
             that
             ,
             
               Salus
               Regni
               nostri
               Angliae
               &
               populi
               nostri
               periclitabatur
            
             :
             
             And
             the
             recitall
             of
             [
             
               Datum
               est
               nobis
               intelligi
            
             ]
             is
             omitted
             ,
             but
             hereby
             affirmed
             positively
             .
          
           
             And
             where
             my
             Brother
             
               Berkley
            
             insisted
             ;
             That
             the
             matter
             contained
             in
             the
             
               Mittimus
            
             was
             sufficient
             to
             supply
             the
             Writ
             of
             4.
             
             
               Augusti
               ,
            
             if
             it
             were
             not
             so
             fully
             expressed
             as
             it
             should
             have
             beene
             .
          
           
             Thereunto
             I
             make
             this
             answer
             ,
             
               Quod
               in
               initio
               non
               valet
               ,
               tractatu
               temporis
               non
               convalescet
            
             :
             Besides
             the
             date
             of
             the
             Writ
             of
             
               Mittimus
            
             is
             the
             fift
             of
             
               May
               Anno
            
             13.
             
             
               Car.
               Regis
               ,
            
             which
             is
             almost
             two
             years
             after
             the
             Writ
             of
             4.
             
             
               Augusti
            
             did
             issue
             ;
             And
             this
             is
             a
             very
             late
             supply
             :
             And
             therefore
             that
             Case
             was
             vouched
             by
             my
             Brother
             
               Berkley
            
             which
             was
             
               Dowmans
            
             Case
             
               An.
            
             25.
             
             
               &
            
             26.
             
               Eliz.
            
             and
             reported
             by
             my
             Lord
             
               Cooke
            
             in
             his
             ninth
             booke
             ,
             
             wherein
             it
             is
             adjudged
             that
             when
             a
             Fine
             or
             Recovery
             is
             suffered
             and
             no
             uses
             declared
             ,
             That
             an
             Indenture
             subsequent
             declaring
             that
             the
             fine
             or
             recovery
             was
             to
             such
             uses
             ,
             shall
             be
             sufficient
             in
             Law
             ,
             to
             lead
             to
             the
             uses
             of
             those
             proceeding
             assurances
             ;
             Which
             I
             agree
             to
             be
             good
             Law
             .
             But
             that
             doth
             not
             resemble
             this
             case
             ,
             for
             this
             must
             be
             
             good
             in
             the
             foundation
             ,
             or
             no
             subsequent
             declaration
             can
             make
             that
             good
             which
             at
             the
             first
             was
             not
             .
             And
             that
             I
             prove
             by
             two
             Cases
             directly
             adjudged
             .
          
           
             The
             first
             is
             
               Vernons
            
             Case
             
               Anno
            
             14.
             
               Eliz.
            
             adjudged
             
             and
             reported
             by
             my
             Lord
             
               Coke
            
             in
             his
             fourth
             booke
             upon
             the
             Statute
             of
             joynture●
             A
             man
             intending
             to
             make
             a
             joynture
             to
             his
             Wife
             to
             barre
             her
             of
             her
             Dower
             ,
             maketh
             a
             Feoffement
             of
             his
             land
             to
             the
             use
             of
             himselfe
             for
             his
             life
             ,
             and
             then
             to
             the
             use
             of
             a
             friend
             for
             his
             life
             ,
             and
             then
             to
             the
             use
             of
             his
             wife
             for
             a
             joynture
             ;
             Although
             by
             successe
             of
             time
             it
             happeneth
             that
             the
             friend
             dye
             in
             the
             life
             of
             the
             feoffor
             ,
             and
             so
             the
             wives
             estate
             becomes
             immediate
             to
             begin
             upon
             her
             husbands
             death
             ,
             and
             might
             have
             beene
             a
             good
             joynture
             ,
             if
             it
             had
             beene
             so
             made
             at
             the
             first
             ,
             yet
             this
             case
             is
             adjudged
             to
             be
             no
             joynture
             ,
             for
             it
             was
             not
             good
             in
             the
             foundation
             ,
             and
             that
             which
             was
             defective
             in
             the
             Originall
             ,
             is
             no●
             good
             by
             any
             accident
             subsequent
             .
          
           
             And
             in
             the
             Lord
             
               Chenyes
            
             Case
             reported
             by
             my
             Lord
             
               Coke
            
             in
             his
             fift
             Booke
             ,
             
             
               fo.
            
             62.
             in
             the
             foure
             and
             thirtieth
             year
             of
             Queene
             
               Elizabeth
               ,
            
             
             It
             is
             resolved
             upon
             the
             Statute
             of
             Wills
             ,
             that
             the
             estate
             contained
             in
             a
             Will
             in
             writing
             ,
             which
             is
             the
             foundation
             and
             ground
             ,
             must
             be
             such
             as
             is
             expressed
             in
             the
             written
             originall
             Will
             ,
             and
             that
             no
             averment
             or
             subsequent
             proofe
             of
             intention
             ,
             or
             explanation
             can
             adde
             or
             supply
             any
             thing
             to
             that
             Originall
             .
          
           
             And
             as
             in
             these
             cases
             the
             originall
             foundation
             cannot
             be
             supplied
             by
             subsequent
             addition
             ;
             So
             the
             Writ
             of
             4.
             
             
               Augusti
            
             being
             the
             Originall
             ,
             cannot
             be
             supplied
             by
             subsequent
             explanation
             .
          
           
             
             Another
             Exception
             is
             ,
             that
             by
             the
             Writ
             ,
             all
             the
             Kings
             Majesties
             Subjects
             are
             to
             bee
             rated
             and
             taxed
             to
             contribution
             ,
             other
             then
             such
             as
             have
             part
             in
             the
             Ship
             ,
             or
             else
             doe
             serve
             therein
             .
             
             And
             hereby
             the
             Sheriffe
             of
             every
             County
             ,
             must
             either
             not
             be
             taxed
             or
             not
             contribute
             ,
             for
             it
             is
             inconvenient
             nor
             can
             be
             done
             ,
             that
             every
             Sheriffe
             should
             taxe
             himselfe
             .
          
           
             Next
             for
             the
             Writ
             of
             
               Certiorare
               ,
            
             that
             is
             very
             unusuall
             to
             be
             directed
             to
             two
             severall
             Sheriffes
             being
             then
             no
             Sheriffes
             ,
             to
             certifie
             what
             taxations
             they
             had
             made
             upon
             that
             Writ
             ;
             
             They
             were
             then
             no
             Officers
             :
             but
             it
             should
             either
             have
             come
             by
             Inquisition
             ,
             or
             by
             the
             return
             of
             the
             then
             present
             Sheriffe
             ,
             to
             have
             certified
             what
             his
             predecessors
             had
             done
             in
             their
             times
             ,
             and
             not
             this
             way
             which
             was
             never
             before
             heard
             of
             .
          
           
             And
             then
             touching
             the
             
               Scire
               facias
            
             it selfe
             ,
             
             I
             am
             of
             opinion
             that
             it
             doth
             not
             lie
             ,
             for
             many
             causes
             :
             
               
                 First
                 ,
                 
                 the
                 summe
                 so
                 assessed
                 doth
                 not
                 appertain
                 to
                 the
                 King
                 ;
                 And
                 for
                 the
                 Kings
                 Majesty
                 to
                 have
                 a
                 
                   Scire
                   facias
                   ,
                
                 for
                 to
                 inforce
                 him
                 to
                 do
                 or
                 pay
                 that
                 which
                 belongs
                 to
                 another
                 ,
                 is
                 not
                 usuall
                 .
              
               
                 Secondly
                 ,
                 
                 it
                 is
                 not
                 shewed
                 that
                 any
                 Ship
                 ,
                 or
                 provision
                 of
                 men
                 ,
                 or
                 munition
                 ,
                 was
                 prepared
                 or
                 provided
                 ,
                 which
                 is
                 a
                 contempt
                 in
                 the
                 Sheriffe
                 .
              
               
                 Thirdly
                 ,
                 
                 the
                 direction
                 by
                 the
                 Writ
                 is
                 to
                 distrain
                 ,
                 or
                 to
                 commit
                 to
                 Prison
                 such
                 as
                 shall
                 refuse
                 ;
                 and
                 no
                 other
                 course
                 appointed
                 by
                 the
                 said
                 Writ
                 ,
                 for
                 the
                 levying
                 thereof
                 .
              
               
                 Fourthly
                 ,
                 
                 the
                 
                   Scire
                   facias
                
                 ought
                 to
                 be
                 awarded
                 out
                 of
                 a
                 Presentment
                 ,
                 or
                 Inquisition
                 ,
                 whereby
                 the
                 matter
                 may
                 be
                 found
                 ,
                 whereby
                 
                 the
                 King
                 is
                 entituled
                 ,
                 or
                 upon
                 some
                 Presentments
                 which
                 concern
                 the
                 Common-wealth
                 ,
                 as
                 presentments
                 that
                 a
                 common
                 bridge
                 is
                 in
                 decay
                 ,
                 and
                 that
                 either
                 a
                 particular
                 man
                 is
                 bound
                 to
                 repaire
                 it
                 ,
                 or
                 that
                 it
                 is
                 in
                 default
                 of
                 the
                 County
                 ,
                 or
                 of
                 the
                 inhabitants
                 of
                 such
                 a
                 Hundred
                 ;
                 And
                 the
                 like
                 for
                 repaire
                 of
                 high-waies
                 :
                 there
                 I
                 agree
                 as
                 was
                 said
                 by
                 my
                 Brother
                 
                   Trevor
                   ,
                
                 A
                 
                   Scire
                   facias
                
                 is
                 usually
                 awarded
                 out
                 of
                 the
                 Exchequer
                 ;
                 But
                 I
                 conceive
                 these
                 prove
                 ,
                 that
                 without
                 a
                 presentment
                 or
                 inquisition
                 that
                 no
                 
                   Scire
                   facias
                
                 doth
                 properly
                 lye
                 or
                 ought
                 to
                 be
                 awarded
                 .
              
            
          
           
             And
             th●refore
             I
             will
             conclude
             this
             with
             the
             Case
             of
             2.
             
               Edw.
            
             3.
             
               fo.
            
             2.
             the
             King
             by
             his
             Writ
             directed
             to
             the
             Sheriffe
             of
             Lancaster
             ,
             reciting
             ,
             That
             where
             Sr.
             
               Iohn
               Langton
            
             had
             delivered
             divers
             summes
             of
             money
             to
             one
             
               Robert
            
             his
             Companion
             ,
             to
             come
             to
             the
             King
             in
             aide
             of
             his
             warres
             in
             Scotland
             .
             And
             the
             said
             
               Robert
            
             did
             not
             come
             ,
             but
             did
             spoile
             and
             take
             the
             Goods
             and
             Chattels
             of
             divers
             of
             our
             Subjects
             in
             the
             said
             County
             ,
             and
             did
             rob
             ,
             and
             spoile
             ,
             and
             wast
             the
             goods
             of
             our
             Subjects
             to
             the
             Value
             of
             two
             thousand
             li.
             
             
               ut
               accepimus
               le
               Roy
            
             command
             to
             the
             Sheriffe
             ,
             
               De
               attach
            
             the
             body
             of
             the
             said
             
               Robert
               ,
            
             and
             he
             was
             attached
             ,
             and
             did
             appeare
             :
             And
             by
             his
             Counsell
             alledged
             ,
             that
             upon
             this
             suggestion
             the
             King
             being
             not
             otherwise
             apprised
             by
             indictment
             or
             otherwise
             ,
             this
             suit
             did
             not
             lie
             for
             the
             King
             ,
             and
             the
             parties
             grieved
             may
             have
             their
             suits
             .
          
           
             And
             thereupon
             the
             Court
             was
             advised
             ,
             and
             took
             time
             to
             speak
             with
             the
             Chancellor
             ,
             to
             see
             if
             he
             had
             any
             matter
             ,
             out
             of
             which
             the
             said
             Writ
             was
             awarded
             :
             And
             afterwards
             ,
             because
             this
             Writ
             was
             grounded
             upon
             a
             suggestion
             against
             the
             Common
             Law
             ,
             therefore
             the
             said
             
               Robert
            
             was
             discharged
             ,
             which
             is
             a
             stronger
             Case
             then
             ours
             .
             And
             for
             these
             reasons
             I
             conclude
             this
             Part
             ,
             that
             no
             
               Scire
               facias
            
             ought
             to
             be
             awarded
             in
             this
             case
             .
          
           
             NOw
             it
             remains
             to
             give
             answer
             to
             that
             which
             hath
             been
             before
             objected
             and
             spoken
             of
             onely
             by
             Mr
             Solicitor
             ,
             
             that
             the
             Judges
             had
             before
             given
             their
             opinions
             to
             warrant
             the
             legality
             of
             this
             charge
             ,
             and
             subscribed
             their
             names
             .
          
           
           
             First
             ,
             I
             doe
             affirme
             ,
             and
             it
             doth
             appear
             by
             my
             Argument
             ,
             that
             this
             Case
             now
             in
             question
             doth
             not
             concern
             nor
             contradict
             the
             matter
             of
             the
             Subscription
             ;
             for
             the
             matter
             whereunto
             the
             Subscription
             was
             made
             ,
             is
             ,
             That
             when
             the
             good
             and
             safety
             of
             the
             Kingdome
             in
             generall
             is
             concerned
             ,
             and
             the
             whole
             Kingdome
             in
             danger
             ,
             That
             then
             for
             the
             defence
             of
             the
             Kingdome
             from
             such
             danger
             ,
             the
             King
             may
             by
             Writ
             impose
             the
             provision
             of
             Ships
             with
             furniture
             and
             men
             .
          
           
             But
             if
             onely
             there
             be
             Pirats
             and
             Robbers
             of
             the
             Sea
             assembled
             together
             by
             Sea
             to
             rob
             ,
             spoile
             ,
             and
             take
             the
             goods
             and
             marchandises
             that
             are
             to
             be
             brought
             into
             the
             Kingdome
             ,
             and
             safe
             conducting
             of
             the
             Merchants
             from
             spoile
             ,
             as
             no
             other
             particular
             thing
             is
             alledged
             in
             the
             Writ
             of
             4.
             
             
               Augusti
               ,
            
             I
             think
             it
             will
             be
             granted
             that
             this
             doth
             not
             by
             our
             opinions
             inable
             the
             King
             to
             make
             such
             a
             generall
             charge
             upon
             that
             occasion
             .
          
           
             But
             if
             there
             were
             an
             intended
             Invasion
             ,
             &
             that
             known
             to
             the
             Kings
             Majesty
             whom
             it
             concernes
             most
             ,
             and
             upon
             such
             an
             intention
             ,
             in
             such
             a
             case
             of
             necessity
             ,
             which
             is
             and
             
             may
             be
             termed
             a
             time
             of
             such
             danger
             ,
             as
             it
             may
             be
             ●it
             to
             prepare
             fo●
             〈◊〉
             of
             the
             Realme
             ,
             Then
             I
             am
             of
             opinion
             that
             in
             such
             a
             case
             ,
             all
             that
             hath
             been
             said
             ,
             that
             
               Necessitas
               est
               Lex
               temporis
               ,
            
             and
             
               Salus
               Reipublicae
               est
               summa
               lex
               ,
            
             and
             then
             
               Silent
               inter
               arma
               leges
               ,
            
             might
             be
             just
             causes
             for
             that
             time
             onely
             to
             make
             a
             preparation
             of
             Ships
             .
             And
             in
             this
             case
             here
             doth
             not
             appeare
             that
             there
             was
             not
             any
             one
             Ship
             provided
             or
             prepared
             by
             any
             Sheriffe
             .
          
           
             The
             King
             is
             the
             sole
             owner
             and
             Lord
             of
             the
             Sea
             ,
             
             and
             hath
             power
             thereof
             :
             And
             as
             it
             was
             agreed
             in
             a
             notable
             Case
             that
             was
             adjudged
             in
             the
             Exchequer
             ,
             
               Mich.
            
             the
             fourth
             yeare
             of
             King
             
               Iames
               ,
            
             against
             one
             
               Bates
               ,
            
             wherein
             I
             was
             then
             of
             Councell
             ,
             the
             King
             may
             lay
             an
             Imposition
             upon
             forraine
             commodities
             to
             be
             brought
             into
             this
             Realme
             ,
             for
             there
             was
             5.
             s.
             laid
             upon
             every
             hundred
             weight
             of
             Currants
             ,
             over
             and
             besides
             the
             2.
             s.
             6.
             d.
             for
             poundage
             :
             And
             
               Bates
            
             having
             notice
             of
             this
             Imposition
             ,
             brought
             in
             a
             Ship
             fraighted
             with
             Currants
             ,
             &
             payed
             the
             2.
             s.
             6.
             d.
             for
             poundage
             ,
             but
             refused
             to
             pay
             the
             5.
             s.
             for
             every
             hundred
             weight
             :
             And
             upon
             information
             ,
             the
             Case
             
             was
             argued
             at
             the
             Barre
             ,
             and
             at
             the
             Bench
             ;
             and
             it
             wa●●djudg●d
             ,
             that
             the
             Imposi●ion
             was
             lawfull
             ,
             and
             that
             the
             King
             in
             his
             prerogative
             had
             
               totum
               dominium
               maris
               ,
            
             and
             that
             all
             the
             Ports
             were
             the
             Kings
             ,
             and
             that
             the
             King
             had
             sole
             power
             to
             restraine
             or
             forbid
             the
             going
             beyond
             the
             sea
             ;
             the
             sole
             appointment
             into
             what
             Countries
             the
             Merchants
             should
             or
             might
             trade
             ,
             and
             to
             appoint
             into
             what
             countries
             they
             should
             not
             trade
             .
             And
             for
             these
             respects
             ,
             the
             King
             was
             to
             maintaine
             the
             Ports
             ,
             to
             provide
             for
             the
             safety
             of
             the
             Merchants
             ,
             and
             to
             cleare
             and
             scowre
             the
             narrow
             Seas
             from
             Pirats
             and
             Robbers
             ,
             for
             the
             doing
             whereof
             was
             added
             the
             tonnage
             and
             poundage
             by
             grant
             in
             Parliament
             .
          
           
             
             Lastly
             ,
             these
             sudden
             opinions
             ,
             when
             Judges
             heare
             no
             Arguments
             ,
             are
             of
             no
             such
             force
             as
             to
             bind
             them
             to
             continue
             the
             same
             opinion
             :
             But
             that
             when
             they
             shall
             have
             heard
             Arguments
             ,
             and
             be
             better
             informed
             ,
             they
             may
             alter
             and
             change
             ,
             which
             hath
             usually
             happened
             .
             Besides
             ,
             as
             it
             is
             very
             well
             knowne
             ,
             wee
             were
             not
             all
             of
             opinion
             ,
             but
             the
             greater
             number
             then
             concurring
             ,
             the
             Subscription
             was
             
             for
             conformity
             ,
             as
             sometimes
             is
             used
             in
             such
             cases
             .
          
           
             Lastly
             ,
             
             it
             hath
             been
             objected
             ,
             that
             the
             Defendant
             by
             his
             generall
             Demurrer
             hath
             confessed
             all
             the
             matters
             to
             be
             true
             which
             are
             surmised
             in
             the
             
               Scire
               facias
               .
            
          
           
             To
             this
             it
             is
             answered
             ,
             
             that
             a
             Demurrer
             confesseth
             the
             matters
             of
             fact
             which
             are
             sufficiently
             alledged
             ;
             but
             such
             matters
             in
             fact
             as
             are
             not
             sufficiently
             alledged
             ,
             those
             are
             not
             confessed
             ,
             but
             left
             to
             the
             judgement
             of
             the
             Court
             .
          
           
             See
             these
             Cases
             so
             adjudged
             and
             resolved
             in
             these
             Books
             ,
             
             
               Coke
               Lib.
            
             4.
             
               fo.
            
             43.
             in
             
               Hudsons
            
             Case
             ,
             
             matter
             sufficiently
             alledged
             
               est
               confesse
            
             :
             And
             according
             to
             this
             it
             is
             agreed
             in
             
               Hindes
            
             Case
             ,
             in
             the
             same
             Book
             ,
             
               fol.
            
             71.
             
          
           
             The
             very
             expresse
             Case
             is
             that
             of
             
               Birton
            
             upon
             Usury
             ,
             which
             was
             ,
             
               Anno
            
             33.
             
             &
             34.
             
               Eliz.
            
             where
             it
             is
             adjudged
             that
             a
             Demurrer
             confesseth
             nothing
             that
             is
             insufficiently
             alledged
             ;
             as
             where
             a
             matter
             of
             usury
             is
             alledged
             ,
             and
             is
             not
             so
             sufficiently
             alledged
             ,
             that
             it
             appeares
             to
             be
             Usurie
             ,
             the
             Demurrer
             doth
             not
             confesse
             that
             to
             be
             Usurie
             ,
             as
             is
             pretended
             .
          
           
           
             So
             likewise
             in
             this
             case
             ,
             the
             Demurrer
             general
             doth
             not
             nor
             can
             supply
             the
             defect
             of
             the
             matter
             which
             should
             have
             been
             comprised
             in
             the
             Writ
             of
             4.
             
             
               Augusti
               .
            
             The
             Demurrer
             confesseth
             that
             there
             was
             such
             a
             Writ
             ,
             but
             doth
             neither
             confesse
             the
             lawfulnesse
             thereof
             ,
             nor
             the
             defect
             of
             the
             insufficient
             alledging
             of
             any
             matter
             which
             should
             have
             beene
             contained
             therein
             .
          
           
             And
             thus
             with
             as
             much
             brevity
             and
             perspicuity
             as
             want
             of
             memory
             and
             other
             infirmities
             which
             attend
             upon
             my
             age
             would
             suffer
             me
             ,
             and
             without
             either
             preamble
             or
             protestation
             ,
             I
             conclude
             with
             that
             ,
             which
             my
             brother
             
               Berkley
            
             used
             in
             the
             beginning
             of
             his
             speech
             ,
             That
             the
             people
             of
             this
             Realme
             are
             Subjects
             ,
             and
             not
             slaves
             ;
             Free-men
             ,
             and
             not
             villeins
             ;
             and
             therefore
             not
             to
             be
             taxed
             
               De
               alto
               &
               basso
               ,
            
             and
             at
             will
             ,
             but
             according
             to
             the
             Laws
             of
             this
             Kingdome
             .
          
           
             And
             therefore
             I
             conclude
             ,
             that
             neither
             for
             the
             matter
             ,
             nor
             for
             the
             manner
             ,
             this
             Writ
             of
             
               Scire
               facias
            
             brought
             in
             this
             Court
             of
             Exchequer
             ,
             upon
             the
             tenour
             thereof
             ,
             can
             be
             
             maintained
             .
             And
             therefore
             in
             my
             opinion
             I
             advise
             the
             Barons
             to
             give
             judgement
             accordingly
             for
             the
             Defendant
             .
          
           
             
               This
               is
               the
               same
               which
               I
               did
               deliver
               in
               my
               Argument
               in
               the
               same
               manner
               that
               I
               did
               argue
               .
            
          
        
         
           FINIS
           .
        
      
       
       
         
         
           
             THE
             CERTIFICATE
             OF
             Sir
             JOHN
             DENHAM
             ,
             Knight
             ,
             One
             of
             the
             Barons
             of
             the
             Exchequer
             ,
             concerning
             
               SHIP-MONEY
               .
            
             26.
             
             
               Maii
               ,
               Anno
               Do.
            
             1638.
             
          
           
             MAy
             it
             please
             your
             Lordships
             ,
             I
             had
             provided
             my selfe
             to
             have
             made
             a
             short
             Argument
             ,
             and
             to
             have
             delivered
             my
             Opinion
             ,
             with
             the
             Reasons
             ;
             but
             by
             reason
             of
             want
             of
             rest
             this
             last
             night
             ,
             (
             my
             old
             disease
             being
             upon
             me
             )
             my
             sicknesse
             and
             weaknesse
             are
             greatly
             increased
             ,
             insomuch
             that
             I
             cannot
             attend
             the
             businesse
             as
             I
             desire
             :
             And
             if
             my
             Opinion
             be
             required
             ,
             it
             is
             for
             the
             Plaintife
             .
          
           
             
               JO
               :
               DENHAM
               .
            
             
               
                 Serjeants-Inne
                 in
                 Fleetstreet
                 ,
              
               
                 26.
                 
                 
                   Maii
                
                 ;
                 1638.
                 
              
            
          
        
         
         
           
             His
             second
             Certificate
             directed
             to
             the
             Lo
             :
             Chiefe
             Iustice
             
               Bramston
               ,
               28.
               
            
             Maii
             ,
             
               1638.
               
            
          
           
             
               My
               Lo
               :
            
          
           
             VNderstanding
             that
             some
             misconstruction
             was
             taken
             by
             some
             in
             the
             declaration
             of
             mine
             opinion
             ,
             which
             I
             desired
             your
             Lordship
             the
             last
             Saturday
             to
             deliver
             in
             my
             name
             ;
             for
             farther
             satisfaction
             therein
             ,
             although
             I
             was
             most
             desirous
             to
             have
             passed
             my
             Vote
             in
             silence
             in
             this
             work
             of
             w●igh●
             ,
             by
             reason
             I
             heard
             not
             the
             last
             foure
             Arguments
             ,
             yet
             I
             delivered
             my
             opinion
             for
             the
             Plaintife
             ,
             which
             I
             took
             to
             be
             
               Hampden
               ,
            
             by
             reason
             it
             appeared
             by
             the
             Record
             ,
             that
             hee
             comming
             in
             upon
             Processe
             ,
             
               Queritur
               se
               colore
               praemissorum
               graviter
               vexari
               ,
               &
               hoc
               minus
               juste
               ,
               &c.
            
             which
             satisfied
             me
             that
             he
             was
             Plaintife
             .
             And
             therefore
             I
             now
             declare
             my
             opinion
             for
             Mr
             
               Hampden
               ,
            
             who
             did
             demur
             .
          
           
           
             I
             shall
             onely
             deliver
             these
             two
             Reasons
             for
             maintaining
             of
             my
             Argument
             .
          
           
             THe
             first
             is
             ,
             That
             His
             Majesty
             is
             
               Sola
               &
               
               suprema
               Iustitia
               regni
            
             :
             And
             the
             rule
             of
             the
             Law
             is
             ,
             and
             hath
             alwayes
             been
             ,
             That
             his
             Majesty
             can
             doe
             no
             wrong
             .
             And
             thereupon
             ariseth
             another
             Rule
             in
             our
             Law
             ,
             (
             which
             I
             give
             for
             my
             second
             Reason
             )
             That
             the
             Kings
             Majesty
             
             (
             being
             of
             an
             incorporate
             capacity
             )
             can
             neither
             take
             any
             lands
             or
             goods
             from
             any
             of
             his
             Subjects
             ,
             but
             by
             and
             upon
             a
             Judgement
             of
             Record
             ,
             which
             according
             to
             our
             daily
             experience
             in
             the
             Exchequer
             ,
             there
             must
             precede
             some
             Judgement
             in
             that
             or
             some
             other
             Court
             of
             Record
             ,
             whereby
             His
             Majesty
             may
             be
             entituled
             either
             to
             the
             Lands
             ,
             or
             goods
             of
             a
             Subject
             :
             As
             namely
             ,
             where
             seisures
             of
             goods
             of
             a
             Subject
             is
             made
             for
             His
             Majesty
             ,
             either
             upon
             Outlawries
             ,
             Attainders
             ,
             or
             matters
             of
             the
             like
             nature
             ,
             as
             in
             Cases
             of
             Seisure
             in
             the
             Court
             of
             Exchequer
             ,
             where
             Seisures
             are
             given
             by
             the
             Statute
             :
             yet
             without
             a
             Judgement
             in
             that
             Court
             ,
             upon
             a
             tryall
             for
             the
             King
             ,
             the
             
             goods
             are
             not
             to
             be
             recovered
             to
             the
             use
             of
             the
             King
             ,
             as
             forfeited
             .
          
           
             Upon
             consideration
             whereof
             ,
             and
             comparing
             the
             same
             with
             His
             Majesties
             Royall
             Writ
             ,
             I
             find
             no
             Judgement
             thereupon
             had
             or
             given
             ,
             which
             were
             the
             chiefest
             reasons
             of
             my
             opinion
             for
             Mr
             
               Hampden
               .
            
          
           
             
               
                 28.
                 
                 
                   Maii
                   ,
                
                 1638.
                 
              
            
          
        
         
           FINIS
           .
        
      
       
       
         
           The
           Argument
           of
           Sir
           
             George
             Crooke
             ,
          
           Knight
           ,
           one
           of
           the
           Judges
           of
           the
           Kings
           Bench
           ,
           upon
           the
           case
           of
           the
           
             Scire
             facias
          
           out
           of
           the
           Exchequer
           ,
           against
           
             Iohn
             Hampden
             ,
          
           Esquire
           ,
           
             decimo
             quarto
             Aprilis
             ,
             Anno
             Domini
             ,
          
           1638.
           
        
         
           The
           Case
           is
           this
           upon
           the
           Record
           ,
        
         
           THe
           King
           ,
           by
           Writ
           under
           his
           great
           Seale
           ,
           dated
           4to
           
             Augusti
             anno
          
           110
           of
           his
           reigne
           ,
           directed
           to
           the
           Sheriffe
           of
           the
           County
           of
           Bucks
           ,
           and
           to
           all
           the
           men
           of
           that
           County
           ,
           commandeth
           them
           in
           these
           words
           :
        
         
           
             Quia
             datum
             est
             nobis
             intelligi
             ,
          
           
           
             Quòd
             Praedones
             quidam
             Pirati
             ,
             ac
             maris
             Grassatores
             ,
             tam
             nominis
             Christianae
             hostes
             Mahumetani
             ,
             quàm
             alii
             congregati
             ,
             
             Naves
             ,
             ac
             bona
             ,
             ac
             mercimonia
             non
             solùm
             Subditorum
             
             nostrorum
             ,
             verùm
             etiam
             Subditorum
             amicorum
             nostrorum
             in
             mari
             ,
             Quòd
             per
             gentem
             Anglicanam
             ob
             olim
             defendi
             consuevit
             ,
             nefariè
             diripientes
             &
             spoliantes
             ad
             libitum
             suum
             ,
             deportavere
             hominesque
             in
             eisdem
             in
             captivitatem
             miserrimam
             mancipantes
             .
          
        
         
           
           
             Cumque
             ipsos
             conspicimus
             navigium
             indies
             praeparantes
             ad
             Mercatores
             nostros
             ulterius
             molestand
             '
             ,
             Et
             ad
             regnum
             gravand
             '
             ,
             nisi
             citiùs
             remedium
             apponatur
             ,
             eorumque
             conatum
             viriliùs
             obvietur
             .
          
        
         
           
           
             Consideratis
             etiam
             periculis
             quae
             undique
             his
             guerrinis
             temporibus
             imminent
             ;
             Ita
             quòd
             Nobis
             &
             Subditis
             nostris
             defensionem
             maris
             &
             regni
             omni
             festinatione
             quâ
             poterimus
             accellerare
             convenit
             .
          
        
         
           
           
             Nos
             volentes
             defensione
             regni
             ,
             tuitione
             maris
             ,
             securitate
             Subditorum
             nostrorum
             ,
             salva
             conductione
             navium
             &
             merchandizarum
             ad
             regnum
             nostrum
             Angliae
             venientium
             ,
             &
             de
             eodem
             regno
             ad
             partes
             exteras
             transeuntium
             (
             auxiliante
             Deo
             )
             providere
             ;
             Maximè
             cum
             Nos
             &
             Progenitores
             nostri
             Reges
             Angliae
             ,
             Domini
             maris
             praedicti
             ,
             semper
             hactenus
             extiter
             ,
             &
             plurimum
             nos
             laeder
             '
             ,
             si
             honor
             iste
             Regius
             nostris
             temporibus
             depereat
             ,
             aut
             in
             aliquo
             minuatur
             .
          
        
         
           
           
             Cumque
             onus
             istud
             defensionis
             quod
             omnes
             tangit
             ,
             
             per
             omnes
             debeat
             supportari
             ,
             prout
             per
             legem
             &
             consuetudinem
             regni
             Angliae
             fieri
             consuevit
             .
          
        
         
           
             Vobis
             praefatis
             Vicecomitibus
             ,
          
           
           
             Ballivis
             ,
             Burgens
             .
             Maioribus
             ,
             probis
             hominibus
             ,
             &
             omnibus
             aliis
             quibuscunque
             supramencionat
             '
             in
             Burgis
             ,
             Villis
             ,
             Villatis
             ,
             Hamlettis
             ,
             &
             locis
             supradictis
             ,
             eorumque
             membris
             in
             fide
             &
             ligeancia
             ,
             quibus
             nobis
             tenemini
             ,
             &
             sicut
             nos
             &
             honorem
             nostrum
             diligitis
             :
             Necnon
             sub
             forisfactur
             '
             omnia
             quae
             nobis
             forisfacere
             poteritis
             firmiter
             injungemus
             .
          
        
         
           
             Mandamus
             quòd
             unam
             navem
             de
             guerra
             ,
          
           
           
             portagii
          
           450.
           
             dolior
             '
             cum
             hominibus
             ,
             tam
             magistris
             peritis
             ,
             quàm
             marinariis
             valentior
             &
             expertis
             centum
             &
             octoginta
             ad
             minus
             ,
             Ac
             tormentis
             tam
             majoribus
             quàm
             minoribus
             ,
             pul●●●
             tormentario
             ,
             ac
             hastis
             ,
             &
             telis
             ,
             aliisque
             armatoriis
             necessariis
             pro
             guerra
             sufficien
             '
             :
             Et
             cum
             duplici
             Escippamento
             ,
             necnon
             victualibus
             usque
             ad
             primum
             diem
             Martii
             tunc
             proximè
             sequentem
             ,
             ad
             tot
             homines
             competen
             '
             ;
             &
             ab
             inde
             i●
             viginti
             &
             sex
             septiman
             '
             ad
             custagia
             vestra
             tam
             in
             victualibus
             ,
             quàm
             homin
             '
             salariis
             ,
             &
             aliis
             ad
             guerram
             necessariis
             per
             tempus
             〈◊〉
             super
             defensionem
             maris
             in
             obsequio
             nostro
             in
             Comit
             '
             custodis
             maris
             ,
             cui
             custodiam
             maris
             ante
             praedict
             '
             primum
             diem
             Martii
             committemus
             ,
             &
             prout
             ipse
             ex
             parte
             
             nostra
             dictaverit
             moratur
             parari
             ;
             Et
             ad
             portum
             de
             Portsmouth
             citra
             dictum
             primum
             diem
             Martii
             duci
             faciatis
             .
          
           
           
             Ita
             quòd
             sint
             ibidem
             eodem
             die
             ad
             ultimum
             ad
             proficiscend
             exinde
             cum
             navibus
             nostris
             ,
             &
             navibus
             aliorum
             fidelium
             Subditorum
             nostrorum
             pro
             tuitione
             maris
             ,
             &
             defensione
             vestrum
             &
             vestrorum
             ,
             repulsioneque
             ,
             debellationeque
             quorumcunque
             Mercatorum
             nostrorum
             ,
             &
             alios
             Subditos
             &
             fideles
             praedictos
             in
             Dominia
             nostra
             ex
             causa
             Mercatur
             '
             se
             divertentes
             ,
             vel
             abinde
             ad
             propr
             '
             declinantes
             super
             mare
             gravare
             ,
             seu
             molestare
             satagent
             '
             :
             assignavimus
             autem
             te
             praefatum
             Vic'
             Bucks
             ad
             assidend
             '
             omnes
             homines
             in
             villis
             de
             Agmundesham
             ,
          
           
           
             Wendov
             '
             ,
             &
             Marloe
             magna
             ,
             &
             in
             omnib●s
             aliis
             Villis
             ,
             Villatis
             ,
             Burgis
             ,
             Hamlettis
             ,
             &
             aliis
             ●ocis-in
             Com'
             Bucks
             ,
             &
             terrae
             tenentes
             in
             eisdem
             navem
             vel
             partem
             navis
             praed
             '
             non
             habentes●
             vel
             in
             eadem
             non
             deservientes
             ,
             ad
             contribuend
             '
             expens
             .
             erga
             provisionem
             praemiss
             .
             necessar
             .
          
        
         
           
             Et
             super
             praedictas
             Villas
             ,
             Villatas
             ,
             Burgos
             ,
             Hamlettas
             ,
             &
             locos
             cum
             membris
             eorundem
             ,
             sic
             ut
             praefertur
             ,
             assidend
             ●
             ponend
             '
          
           viz.
           
             Quemlibet
             eorum
             super
             statum
             suum
             ,
             &
             facultates
             suas
             ,
             &
             portiones
             super
             ipsos
             assessat
             '
             per
             districtiones
             ,
             aliosve
             modos
             debitos
             levand'
             &
             Collectores
             in
             hac
             parte
             nominand
             '
             
             &
             constituend
             '
             ,
             Ac
             omnes
             eos
             quos
             rebelles
             et
             contrarios
             inveneris
             in
             praemissis
             ,
             in
             carcere
             mancipand
             '
             in
             eodem
             moratur
             ,
             quousque
             pro
             eorum
             deliberatione
             ulterius
             duxerimus
             ordinand
             .
          
        
         
           
             Et
             ulteriùs
             mandamus
             quòd
             citra
             praemiss
             .
          
           
           
             diligenter
             intendatis
             ,
             et
             faciatis
             ,
             et
             exequamini
             cum
             effectu
             sub
             periculo
             incumbente
             :
             Nolumus
             autem
             ,
             quòd
             colore
             praedicti
             mandati
             nostri
             ,
             plus
             de
             eisdem
             hominibus
             levari
             faciat
             ,
             quàm
             ad
             praemiss
             .
             sufficiat
             expens
             .
             necessar
             .
             Et
             quod
             quisquam
             qui
             pecuniam
             de
             contributionibus
             ad
             praedict
             '
             custag
             '
             faciend
             '
             levaverit
             ,
             eam
             ,
             vel
             partem
             inde
             aliquam
             penes
             se
             detineat
             ,
             vel
             ad
             alios
             usus
             ,
             quovis●quae
             sito
             colore
             appropriare
             praesumat
             ,
             volentes
             quòd
             si
             plus
             quàm
             sufficiat
             collectum
             fuerit
             ,
             hoc
             inter
             solventes
             pro
             rata
             portionis
             ipsis
             contingen
             '
             exsolvat
             '
             .
          
        
         
           By
           vertue
           of
           this
           Writ
           ,
           Master
           
             Hampden
          
           is
           assessed
           to
           twenty
           shillings
           for
           his
           lands
           in
           Stoke
           Mandivill
           in
           that
           County
           ,
           which
           not
           being
           paid
           ,
           is
           certified
           (
           amongst
           others
           )
           into
           the
           Chancery
           upon
           a
           Writ
           of
           
             Certiorari
             ,
          
           dated
           9.
           
           
             Martii
             ,
             anno
          
           12.
           
           
             Car.
          
           by
           a
           Schedule
           thereunto
           annexed
           :
           And
           by
           a
           Writ
           of
           
             mittimus
             Teste
             ,
          
           5.
           
           
             Maii
             ,
          
           13.
           
           
             Car.
          
           this
           Writ
           of
           
             quarto
             Augusti
             anno
          
           11.
           
           
             Car.
          
           and
           the
           Writ
           of
           
             Certiorari
             ,
          
           and
           the
           Schedule
           
           annexed
           is
           sent
           unto
           the
           Exchequer
           ,
           with
           a
           command
           there
           to
           doe
           for
           the
           levying
           of
           the
           summes
           so
           assessed
           and
           unpaid
           (
           
             Prout
             de
             jure
             ,
             et
             secundùm
             legem
             regni
             nostri
             Angliae
             fuerit
             faciend
             .
          
           )
           Whereupon
           a
           
             Scire
             facias
          
           issued
           out
           of
           the
           Exchequer
           ,
           reciting
           the
           said
           Writs
           ,
           to
           warn
           Master
           
             Hampden
          
           amongst
           others
           ,
           to
           shew
           cause
           why
           hee
           should
           not
           bee
           charged
           with
           this
           money
           .
           Upon
           this
           ,
           he
           being
           summoned
           ,
           appeareth
           ,
           and
           demands
           the
           hearing
           of
           those
           Writs
           and
           Schedule
           ,
           which
           being
           entred
           ,
           thereupon
           he
           demurreth
           in
           law
           .
        
         
           And
           whether
           judgement
           upon
           this
           whole
           Record
           be
           to
           be
           given
           against
           
             Iohn
             Hampden
             ,
          
           that
           he
           is
           to
           be
           charged
           or
           no
           ,
           that
           is
           the
           question
           :
           for
           hee
           is
           the
           onely
           party
           in
           this
           Case
           :
           And
           there
           is
           no
           cause
           ,
           why
           any
           man
           should
           say
           ,
           that
           the
           question
           is
           ,
           Whether
           judgement
           should
           bee
           given
           for
           the
           King
           ,
           or
           for
           the
           Defendant
           ;
           for
           ,
           as
           this
           case
           is
           ,
           the
           King
           is
           no
           party
           to
           the
           Record
           ,
           but
           onely
           it
           is
           a
           judiciall
           process
           out
           of
           the
           Exchequer
           ,
           grounded
           upon
           those
           former
           Records
           for
           the
           Defendant
           ,
           to
           shew
           cause
           why
           hee
           should
           not
           bee
           charged
           ,
           which
           hath
           been
           very
           elaborately
           argued
           by
           
           the
           Defendants
           Councell
           (
           who
           demurred
           )
           that
           hee
           should
           not
           be
           charged
           ;
           and
           by
           the
           Kings
           Councell
           very
           learnedly
           and
           elaborately
           argued
           ,
           that
           he
           should
           be
           charged
           .
        
         
           This
           Case
           is
           a
           Case
           of
           great
           weight
           ,
           and
           the
           greatest
           Case
           of
           weight
           that
           ever
           wee
           reade
           argued
           by
           Judges
           in
           this
           place
           ;
           and
           therefore
           adjourned
           into
           this
           place
           ,
           for
           advice
           of
           all
           the
           Judges
           :
           For
           of
           the
           one
           side
           it
           is
           alledged
           ,
           that
           it
           concerneth
           the
           King
           in
           his
           Prerogative
           and
           power
           Royall
           :
           And
           on
           the
           other
           side
           ,
           that
           it
           concerneth
           all
           the
           Kings
           Subjects
           in
           their
           liberties
           ,
           their
           persons
           ,
           and
           their
           estates
           :
           For
           which
           cause
           ,
           it
           hath
           made
           some
           of
           us
           to
           wish
           and
           move
           among
           our selves
           ,
           that
           it
           might
           have
           been
           (
           by
           his
           Majesties
           favour
           )
           heard
           and
           determined
           in
           another
           place
           by
           his
           Majesty
           ,
           and
           his
           great
           Councell
           of
           his
           Realme
           :
           Where
           all
           conveniencies
           and
           inconveniencies
           might
           have
           been
           considered
           of
           ,
           provided
           for
           ,
           and
           prevented
           for
           present
           and
           future
           times
           ,
           and
           not
           to
           bee
           argued
           onely
           by
           us
           ,
           who
           are
           accompted
           his
           Majesties
           Councell
           at
           law
           ;
           wherein
           if
           any
           thing
           be
           done
           amisse
           ,
           the
           fault
           must
           light
           upon
           us
           ,
           as
           mis-advising
           the
           King
           
           therein
           :
           But
           seeing
           that
           it
           hath
           pleased
           his
           Majesty
           ,
           that
           the
           same
           should
           be
           argued
           and
           determined
           in
           this
           place
           ,
           whose
           pleasure
           we
           must
           obey
           ,
           I
           must
           give
           my
           best
           advice
           upon
           my
           oath
           to
           the
           best
           of
           my
           skill
           ;
           wherein
           ,
           I
           hope
           not
           to
           trench
           upon
           his
           Highnesse
           Prerogative
           ,
           which
           wee
           are
           all
           bound
           by
           our
           oaths
           to
           the
           best
           of
           our
           skills
           to
           maintain
           ,
           and
           not
           to
           suffer
           to
           be
           diminished
           ;
           nor
           upon
           his
           Royall
           power
           :
           but
           truly
           to
           deliver
           what
           I
           conceive
           the
           law
           to
           bee
           concerning
           the
           Case
           in
           question
           .
        
         
           Wherein
           I
           must
           confesse
           ,
           I
           have
           been
           much
           distracted
           ,
           having
           heard
           so
           learned
           Arguments
           on
           both
           sides
           at
           the
           Barre
           ;
           and
           so
           many
           Records
           and
           Presidents
           cited
           on
           either
           side
           :
           But
           they
           did
           not
           so
           much
           move
           mee
           ;
           for
           the
           Councell
           have
           of
           either
           side
           pressed
           such
           reasons
           and
           arguments
           ,
           and
           cited
           such
           Records
           ,
           as
           they
           thought
           convenient
           for
           the
           maintaining
           of
           their
           opinions
           ;
           and
           perhaps
           with
           a
           prejudicate
           opinion
           ,
           as
           I
           my selfe
           ,
           by
           mine
           owne
           experience
           ,
           when
           I
           was
           at
           the
           Barre
           ,
           have
           argued
           confidently
           :
           And
           as
           I
           then
           thought
           the
           law
           to
           be
           of
           that
           side
           for
           whom
           
           I
           argued
           ;
           but
           after
           ,
           being
           at
           the
           Bench
           ,
           weighing
           indifferently
           all
           reasons
           and
           authorities
           ,
           have
           been
           of
           a
           contrary
           opinion
           :
           And
           so
           the
           law
           hath
           been
           adjudged
           contrary
           to
           that
           opinion
           ,
           which
           I
           first
           confidently
           conceived
           ;
           but
           that
           which
           hath
           moved
           mee
           most
           ,
           and
           maketh
           me
           most
           mistrust
           mine
           owne
           judgement
           in
           this
           Case
           ,
           is
           ,
           That
           all
           my
           Brothers
           (
           who
           have
           all
           argued
           upon
           their
           oaths
           ,
           and
           I
           presume
           ,
           have
           seene
           the
           Records
           and
           Presidents
           cited
           on
           either
           side
           )
           have
           all
           argued
           one
           way
           ,
           with
           whose
           opinions
           I
           should
           willingly
           have
           concurred
           ,
           if
           I
           could
           have
           satisfied
           mine
           owne
           judgement
           with
           their
           reasons
           ;
           but
           not
           being
           satisfied
           ,
           I
           have
           learned
           ,
           that
           I
           must
           not
           runne
           with
           a
           multitude
           against
           mine
           owne
           conscience
           :
           for
           ,
           I
           must
           stand
           or
           fall
           unto
           mine
           owne
           Master
           ;
           and
           therefore
           I
           shall
           shew
           mine
           owne
           reasons
           ,
           and
           leave
           my selfe
           to
           the
           judgements
           of
           my
           Lords
           ,
           and
           others
           my
           Brethren
           :
           And
           whatsoever
           shall
           be
           adjudged
           ,
           I
           must
           submit
           unto
           ,
           and
           so
           doe
           wish
           all
           others
           ;
           and
           doe
           now
           declare
           mine
           opinion
           to
           be
           ,
           That
           ,
           as
           this
           Case
           is
           ,
           
           judgement
           ought
           to
           bee
           given
           for
           the
           Defendant
           .
        
         
           But
           before
           I
           proceed
           to
           the
           Argument
           ,
           I
           desire
           to
           remove
           two
           difficulties
           :
           First
           ,
           that
           by
           the
           Demurrer
           the
           danger
           of
           the
           Kingdome
           is
           confessed
           ,
           and
           so
           to
           be
           a
           Case
           of
           necessity
           .
        
         
           To
           this
           I
           answer
           ,
           that
           the
           Demurrer
           confesseth
           not
           matters
           in
           fact
           ,
           but
           where
           the
           matter
           is
           legally
           set
           down
           ;
           but
           if
           it
           be
           not
           a
           legall
           proceeding
           ,
           then
           the
           Demurrer
           is
           no
           confessing
           of
           the
           matter
           in
           fact
           .
        
         
           This
           appeares
           in
           the
           Book
           Case
           of
           5.
           
           
             Hen.
          
           7.
           
             fol.
          
           1.
           and
           
             Cook
             ,
             lib.
          
           5.
           
             fol.
          
           69.
           in
           
             Burtons
          
           Case
           ,
           that
           a
           Demurrer
           is
           no
           confessing
           in
           matters
           of
           fact
           ;
           but
           where
           the
           matter
           precedent
           is
           sufficiently
           pleaded
           and
           laid
           downe
           ,
           and
           so
           it
           is
           holden
           in
           all
           our
           Bookes
           .
        
         
           The
           second
           difficulty
           is
           ,
           that
           this
           Case
           is
           so
           resolved
           by
           all
           our
           opinions
           under
           our
           hands
           ,
           That
           this
           Writ
           was
           legall
           ,
           which
           was
           much
           pressed
           by
           Master
           Solicitor
           .
        
         
           To
           this
           I
           answer
           ,
           that
           it
           is
           true
           I
           have
           set
           downe
           mine
           opinion
           under
           mine
           hand
           unto
           
           a
           Case
           in
           February
           1636.
           which
           is
           ,
           that
           when
           the
           good
           and
           safety
           of
           the
           Kingdome
           in
           generall
           is
           concerned
           ,
           and
           the
           whole
           Kingdome
           in
           danger
           ,
           his
           Majesty
           may
           ,
           by
           Writ
           under
           the
           great
           Seale
           of
           England
           ,
           command
           all
           his
           Subjects
           of
           this
           Kingdome
           ,
           at
           their
           charges
           to
           provide
           and
           furnish
           such
           number
           of
           ships
           with
           men
           ,
           victualls
           ,
           and
           munition
           ;
           and
           for
           such
           time
           as
           his
           Majesty
           shall
           thinke
           fit
           for
           the
           defence
           and
           safeguard
           of
           the
           Kingdome
           from
           such
           danger
           :
           And
           that
           his
           Majesty
           may
           compell
           the
           doing
           thereof
           (
           in
           case
           of
           refusall
           and
           refractorinesse
           )
           and
           that
           in
           such
           case
           his
           Majesty
           is
           the
           sole
           Judge
           of
           the
           danger
           ,
           and
           when
           ,
           and
           how
           the
           same
           is
           to
           bee
           prevented
           and
           avoided
           .
        
         
           To
           this
           opinion
           ,
           I
           confesse
           ,
           I
           then
           with
           the
           rest
           of
           the
           Judges
           subscribed
           my
           hand
           :
           But
           I
           then
           dis-assented
           to
           that
           opinion
           ,
           and
           then
           signified
           mine
           opinion
           to
           bee
           ,
           that
           such
           a
           charge
           could
           not
           bee
           laid
           by
           any
           such
           Writ
           ,
           but
           by
           Parliament
           ;
           and
           so
           absolutely
           in
           that
           point
           one
           other
           did
           agree
           with
           mee
           ,
           and
           dissent
           from
           that
           opinion
           which
           was
           after
           subscribed
           ,
           and
           some
           others
           in
           some
           other
           particulars
           
           from
           that
           which
           was
           subscribed
           :
           But
           ,
           the
           greater
           part
           seeming
           to
           bee
           absolutely
           resolved
           upon
           that
           opinion
           ,
           some
           of
           them
           affirming
           ,
           that
           they
           had
           seene
           divers
           Records
           and
           Presidents
           of
           such
           Writs
           ,
           satisfying
           them
           to
           be
           of
           that
           judgement
           ,
           I
           was
           pressed
           to
           subscribe
           with
           them
           :
           for
           that
           the
           greater
           opinion
           must
           involve
           the
           rest
           ,
           as
           it
           was
           said
           to
           bee
           usuall
           in
           Cases
           of
           references
           .
           And
           that
           the
           lesser
           number
           must
           submit
           to
           the
           opinion
           of
           the
           more
           ,
           although
           they
           varied
           in
           opinion
           ;
           as
           it
           is
           in
           our
           Courts
           ,
           if
           three
           Judges
           agree
           in
           opinion
           against
           one
           or
           two
           ,
           where
           there
           is
           five
           Judges
           ,
           judgement
           is
           to
           be
           entred
           
             per
             Curiam
             ,
          
           if
           the
           
             major
          
           part
           agree
           ,
           and
           the
           others
           are
           to
           submit
           unto
           it
           .
        
         
           So
           in
           Cases
           of
           conference
           and
           certificate
           of
           their
           opinions
           ,
           if
           the
           greater
           part
           did
           agree
           and
           subscribe
           ,
           the
           rest
           were
           to
           submit
           their
           opinions
           :
           And
           this
           (
           by
           more
           ancient
           Judges
           then
           my selfe
           )
           was
           affirmed
           to
           bee
           the
           continuall
           practice
           ;
           and
           that
           it
           was
           not
           fit
           ,
           especially
           in
           a
           Case
           of
           this
           nature
           so
           much
           concerning
           the
           service
           of
           the
           King
           ,
           for
           some
           to
           subscribe
           ,
           and
           some
           to
           forbeare
           their
           subscription
           .
           
           And
           that
           although
           wee
           did
           subscribe
           ,
           yet
           it
           did
           not
           bind
           any
           ,
           but
           that
           in
           point
           of
           judgement
           ,
           if
           the
           Case
           came
           in
           question
           judicially
           before
           us
           ,
           we
           should
           give
           our
           judgements
           ,
           as
           wee
           should
           see
           cause
           ,
           after
           the
           hearing
           of
           Arguments
           on
           both
           sides
           ,
           and
           not
           to
           be
           bound
           by
           this
           sudden
           resolution
           .
        
         
           Hereupon
           I
           consented
           to
           subscribe
           ;
           but
           I
           then
           said
           ,
           in
           the
           meane
           time
           the
           King
           might
           be
           mis-informed
           by
           our
           Certificate
           under
           our
           hands
           ,
           conceiving
           us
           all
           to
           agree
           together
           ,
           and
           give
           him
           this
           advice
           under
           our
           hands
           ,
           and
           not
           know
           that
           there
           was
           any
           that
           dissented
           ,
           or
           was
           doubtfull
           :
           But
           it
           was
           then
           said
           ,
           the
           King
           should
           bee
           truly
           informed
           thereof
           .
           And
           thereupon
           ,
           we
           that
           did
           dissent
           ,
           did
           subscribe
           our
           hands
           with
           such
           protestations
           as
           aforesaid
           ,
           onely
           for
           conformity
           ,
           although
           contrary
           to
           the
           opinion
           I
           then
           conceived
           .
        
         
           But
           this
           being
           before
           Arguments
           heard
           of
           either
           side
           ,
           or
           any
           Presidents
           seen
           ,
           I
           hold
           that
           none
           is
           bound
           by
           that
           opinion
           :
           And
           if
           I
           had
           been
           of
           that
           opinion
           as
           was
           subscribed
           ,
           yet
           now
           having
           heard
           all
           the
           Arguments
           of
           both
           sides
           ,
           and
           the
           Reasons
           of
           the
           Kings
           
           Councell
           to
           maintain
           this
           Writ
           ,
           and
           why
           the
           Defendant
           is
           to
           bee
           charged
           ,
           and
           the
           Arguments
           of
           the
           Defendants
           Councel
           against
           the
           Writ
           ,
           and
           their
           Reasons
           why
           the
           Defendant
           should
           not
           bee
           charged
           to
           pay
           the
           mony
           assessed
           upon
           them
           :
           And
           having
           duly
           considered
           of
           the
           Records
           and
           Presidents
           cited
           and
           shewed
           unto
           mee
           ,
           especially
           those
           of
           the
           Kings
           side
           ,
           I
           am
           now
           of
           an
           absolute
           opinion
           ,
           that
           this
           Writ
           is
           illegal
           ,
           &
           declare
           my
           opinion
           contrary
           to
           that
           which
           is
           subscribed
           by
           us
           all
           .
           And
           if
           I
           had
           been
           of
           the
           same
           opinion
           as
           was
           subscribed
           ,
           yet
           upon
           better
           advisement
           ,
           being
           absolutely
           settled
           in
           my
           judgement
           and
           conscience
           ,
           in
           a
           contrary
           opinion
           I
           thinke
           it
           no
           shame
           to
           declare
           ,
           that
           I
           doe
           retract
           that
           opinion
           :
           for
           ,
           
             Humanum
             est
             errare
             ,
          
           rather
           then
           to
           argue
           against
           mine
           owne
           conscience
           :
           And
           therefore
           now
           having
           (
           as
           I
           conceived
           )
           removed
           these
           difficulties
           ,
           I
           proceed
           to
           my
           Argument
           ,
           and
           shall
           shew
           the
           Reasons
           of
           mine
           opinion
           ,
           and
           leave
           the
           same
           ,
           as
           I
           have
           said
           ,
           to
           my
           Lords
           and
           Brethren
           .
        
         
           My
           reasons
           and
           grounds
           that
           I
           shall
           insist
           upon
           are
           these
           :
        
         
         
           That
           the
           command
           ,
           by
           this
           Writ
           of
           4.
           
           
             Augusti
             ,
          
           
           11.
           
           
             Caroli
             ,
          
           to
           make
           ships
           at
           the
           charge
           of
           the
           inhabitants
           of
           the
           County
           (
           being
           the
           ground
           of
           this
           suit
           ,
           and
           cause
           of
           this
           charge
           )
           is
           illegall
           ,
           and
           contrary
           to
           the
           Common
           law
           ,
           not
           being
           by
           authority
           of
           Parliament
           .
        
         
           That
           if
           at
           the
           Common
           law
           it
           had
           been
           
           doubtfull
           ,
           yet
           now
           this
           Writ
           is
           illegall
           ,
           being
           expresly
           contrary
           to
           divers
           Statutes
           prohibiting
           any
           generall
           charge
           to
           bee
           laid
           upon
           the
           Commons
           in
           generall
           ,
           without
           consent
           in
           Parliament
           .
        
         
           That
           it
           is
           not
           to
           bee
           maintained
           by
           any
           
           Prerogative
           ,
           or
           power
           Royall
           ,
           nor
           allegation
           of
           necessity
           or
           danger
           .
        
         
           That
           admitting
           it
           were
           legall
           ,
           to
           lay
           such
           a
           
           charge
           upon
           Maritine
           parts
           ;
           yet
           to
           charge
           an
           Inland
           County
           ,
           as
           the
           County
           of
           Bucks
           is
           ,
           with
           making
           ships
           ,
           and
           furnishing
           them
           with
           Masters
           ,
           Mariners
           ,
           and
           Souldiers
           at
           their
           charge
           ,
           which
           are
           farre
           remote
           from
           the
           Seas
           ,
           is
           illegall
           ,
           and
           not
           warranted
           by
           any
           former
           President
           ,
           &c.
           
        
         
           I
           shall
           examine
           the
           Presidents
           and
           Records
           
           cited
           to
           warrant
           this
           Writ
           ,
           which
           have
           been
           
           all
           the
           principall
           grounds
           of
           the
           Arguments
           to
           maintaine
           the
           same
           .
           And
           I
           conceive
           ,
           there
           is
           not
           one
           President
           nor
           Record
           in
           any
           precedent
           time
           ,
           that
           hath
           beene
           produced
           and
           shewed
           unto
           mee
           ,
           that
           doth
           maintaine
           any
           Writ
           to
           lay
           such
           a
           charge
           upon
           any
           County
           ,
           Inland
           ,
           or
           Maritine
           .
        
         
           
           I
           will
           examine
           this
           particular
           Writ
           ,
           and
           the
           severall
           parts
           thereof
           ,
           and
           doe
           conceive
           that
           it
           is
           illegall
           ,
           and
           not
           sufficient
           to
           ground
           this
           charge
           upon
           the
           Defendant
           .
        
         
           
           The
           motives
           of
           this
           Writ
           are
           not
           sufficient
           to
           cause
           such
           a
           Writ
           to
           be
           sent
           .
        
         
           
           The
           command
           of
           the
           Writ
           ,
           to
           prepare
           a
           ship
           at
           the
           charge
           of
           the
           inhabitants
           with
           munition
           and
           men
           ,
           is
           against
           the
           Common
           law
           ,
           and
           Statutes
           .
        
         
           
           That
           to
           lay
           a
           charge
           of
           finding
           victuals
           ,
           and
           wages
           of
           Souldiers
           and
           Mariners
           ,
           is
           illegall
           ,
           and
           contrary
           to
           the
           Common
           law
           ,
           and
           divers
           Statutes
           .
        
         
           
           The
           power
           of
           assessment
           given
           to
           the
           Sheriffe
           alone
           ,
           and
           to
           distraine
           for
           this
           ,
           is
           illegall
           ,
           and
           not
           warranted
           by
           any
           President
           .
        
         
           
           The
           power
           of
           imprisoning
           is
           illegall
           ,
           and
           
           contrary
           to
           divers
           Statutes
           ,
           and
           not
           warranted
           by
           the
           Presidents
           .
        
         
           That
           the
           perclose
           of
           the
           Writ
           ,
           &
           the
           practice
           
           of
           it
           is
           contrary
           to
           it self
           ,
           and
           
             oppositū
             in
             objecto
             .
          
        
         
           If
           this
           Writ
           were
           legall
           ,
           yet
           the
           manner
           of
           
           assessment
           by
           the
           Sheriffe
           ,
           as
           it
           is
           certified
           ,
           is
           not
           warranted
           by
           the
           Writ
           :
           So
           consequently
           this
           summe
           cannot
           bee
           demanded
           of
           the
           Defendant
           by
           vertue
           of
           this
           Writ
           .
        
         
           That
           the
           
             Certiorari
             ,
          
           and
           
             Scire
             facias
             ,
          
           issued
           
           not
           out
           legally
           ;
           and
           so
           consequently
           no
           judgement
           can
           bee
           given
           against
           the
           Defendant
           thereupon
           .
        
         
           For
           the
           first
           point
           ,
           that
           this
           Writ
           of
           4.
           
           
             Augusti
             ,
          
           11.
           
           
             Car.
          
           is
           against
           the
           Common
           law
           ,
           my
           Reasons
           are
           these
           :
        
         
           Because
           ,
           that
           this
           is
           the
           first
           Writ
           ,
           since
           the
           
           Conquest
           ,
           that
           went
           to
           any
           Inland
           County
           ,
           to
           prepare
           a
           ship
           with
           men
           and
           munition
           ,
           for
           ought
           appeareth
           by
           any
           Record
           that
           hath
           been
           shewed
           ;
           and
           where
           there
           was
           never
           any
           President
           before
           ,
           by
           the
           rule
           of
           Master
           
             Littleton
             ,
             fol.
          
           23.
           the
           Law
           is
           not
           conceived
           to
           beare
           any
           such
           Writ
           .
           And
           Sir
           
             Edward
             Coke
             ,
          
           in
           his
           Commentary
           upon
           
             Littleton
             ,
             fol.
          
           81.
           saith
           ,
           
           that
           where
           there
           is
           no
           example
           ,
           it
           is
           a
           great
           intendment
           ,
           that
           the
           law
           will
           not
           beare
           it
           .
        
         
           So
           I
           conceive
           here
           ,
           there
           never
           having
           bin
           a
           President
           before
           of
           any
           such
           Writ
           to
           the
           Sheriffe
           and
           Inhabitants
           of
           a
           County
           ,
           to
           prepare
           a
           ship
           with
           men
           and
           munition
           ,
           upon
           any
           occasion
           whatsoever
           ,
           that
           it
           is
           against
           the
           Common
           law
           to
           award
           such
           Writs
           .
        
         
           
           For
           that
           the
           common
           law
           of
           England
           setleth
           a
           freedome
           in
           the
           Subjects
           ,
           in
           respect
           of
           their
           persons
           ,
           and
           giveth
           them
           a
           true
           property
           in
           their
           goods
           and
           estates
           ,
           so
           that
           without
           their
           consent
           (
           that
           is
           ,
           their
           actuall
           consent
           ,
           or
           implicite
           ,
           by
           a
           common
           ordinance
           ,
           which
           they
           consented
           unto
           by
           a
           common
           assent
           in
           Parliament
           )
           it
           cannot
           bee
           taken
           from
           them
           ,
           nor
           their
           estate
           charged
           :
           And
           for
           this
           purpose
           ,
           the
           law
           distinguisheth
           between
           bondmen
           ,
           whose
           estates
           are
           at
           their
           Lords
           will
           and
           disposition
           ;
           and
           freemen
           ,
           whose
           property
           none
           may
           invade
           ,
           charge
           ,
           nor
           take
           away
           ,
           but
           by
           their
           owne
           free
           consent
           :
           But
           here
           in
           this
           Case
           is
           a
           charge
           laid
           upon
           the
           Subjects
           ,
           without
           their
           consent
           ;
           and
           therefore
           not
           warranted
           by
           law
           ;
           which
           is
           
           proved
           by
           these
           authorities
           :
        
         
           
             Coke
          
           in
           his
           Reports
           ,
           
             lib.
          
           8.
           
             fol.
          
           92.
           in
           
             Francis
          
           Case
           ,
           setteth
           downe
           this
           Rule
           ,
           
             Quod
             no●trum
             est
             ,
             sine
             facto
             seu
             defectu
             nostro
             amitti
             ,
             seu
             in
             ali●num
             transferri
             non
             potest
             .
          
        
         
           Master
           
             Lambert
             ,
             fol.
          
           24.
           setting
           downe
           the
           lawes
           of
           England
           ,
           which
           were
           confirmed
           by
           
             William
          
           the
           Conqueror
           ,
           hath
           these
           words
           :
           
             Inter
             alia
             ,
             volumus
             &
             concedimus
             ,
             quod
             omnes
             liberi
             homines
             Monarchiae
             Regni
             sui
             praedict
             '
             ,
             habeant
             &
             teneant
             terras
             suas
             bene
             &
             in
             pace
             liberas
             ab
             omni
             exactione
             injusta
             ,
             &
             ab
             omni
             Tallagio
          
           (
           not
           mentioning
           there
           
             injusta
          
           )
           
             Ita
             quòd
             nihil
             ab
             eis
             exigatur
             praeter
             servitium
             justè
             debitum
          
           :
           Hereby
           it
           appeares
           ,
           there
           is
           an
           absolute
           freedome
           from
           all
           Tallage
           .
           17.
           
           King
           
             Iohn
          
           in
           
             Matt.
             Paris
             ,
             fol.
          
           246.
           
           The
           King
           doth
           grant
           and
           confirme
           unto
           his
           Barons
           and
           Commons
           
             inter
             alia
             ,
          
           these
           liberties
           following
           :
           
             Nullum
             Scutagium
             vel
             auxilium
             ponamus
             in
             Regno
             nostro
             ,
             nisi
             per
             Commune
             Concilium
             Regni
             nostri
             ,
             nisi
             ad
             redimendum
             corpus
             nostrum
             ,
             filium
             nostrum
             primogenitum
             mill
             '
             faciend
             '
             ,
             vel
             ad
             primogenitam
             filiam
             nostram
             maritand
             '
             .
          
           By
           this
           it
           appeares
           ,
           what
           was
           then
           conceived
           to
           be
           ,
           amongst
           others
           ,
           their
           liberties
           ,
           and
           then
           confirmed
           ,
           
           which
           was
           ,
           that
           no
           aide
           should
           bee
           put
           upon
           them
           ,
           but
           by
           Parliament
           ;
           for
           the
           Parliament
           was
           then
           called
           
             Commune
             Concilium
             .
          
        
         
           That
           the
           law
           is
           so
           ,
           appeareth
           by
           the
           Treatise
           written
           by
           
             Fortescue
             ,
          
           who
           had
           been
           chiefe
           Justice
           of
           England
           ,
           and
           then
           Chancellour
           of
           England
           in
           King
           
             Henry
          
           the
           sixth
           his
           time
           ,
           when
           he
           wrote
           the
           booke
           intituled
           ,
           
             De
             laudibus
             Legum
             Angliae
          
           :
           For
           ,
           
             fol.
          
           25.
           
             cap.
          
           9.
           hee
           saith
           thus
           ,
           That
           the
           King
           of
           England
           cannot
           alter
           nor
           change
           the
           Lawes
           of
           England
           at
           his
           pleasure
           .
        
         
           For
           ,
           
             principatu
             non
             Regali
             ,
             sed
             et
             politico
             ipse
             p●pulo
             suo
             dominatur
          
           :
           If
           his
           power
           were
           Royall
           onely
           ,
           then
           hee
           might
           change
           the
           Lawes
           ,
           
             Tallagia
             quoque
             &
             caetera
             onera
             eis
             imponere
             ,
             ipsis
             inconsultis
          
           ;
           but
           addes
           ,
           That
           the
           King
           of
           England
           
             sine
             Subditorum
             assensu
             Leges
             mutare
             non
             potest
             ,
             nec
             subjectum
             populum
             renitentem
             onerare
             impositionibus
             peregrinis
          
           :
           And
           in
           his
           13.
           
             chap.
             fol.
          
           31.
           hee
           compares
           the
           King
           and
           Subjects
           of
           England
           to
           the
           head
           and
           body
           naturall
           ,
           
             Ut
             non
             p●test
             caput
             corporis
             Physici
             nervos
             suos
             commutare
             ,
             neque
             membris
             suis
             proprias
             vires
             ,
             &
             propria
             sanguinis
             
             alimenta
             denegare
             :
             sic
             nec
             Rex
             ,
             qui
             caput
             corporis
             politici
             est
             ,
             mutare
             potest
             Leges
             corporis
             illius
             ,
             nec
             ejusdem
             populi
             substantias
             proprias
             subtrahere
             reclamantibus
             eis
             ,
             aut
             invitis
          
           :
           Thus
           hee
           in
           this
           place
           ;
           but
           in
           
             fol.
          
           84.
           
             cap.
          
           36.
           hee
           seemes
           to
           say
           ,
           
             In
             hoc
             individuo
             Rex
             Angliae
             nec
             per
             se
             ,
             nec
             ministros
             suos
             ,
             tallagia
             ,
             subsidia
             ,
             aut
             quaevis
             onera
             alia
             imponit
             Legiis
             suis
             ,
             aut
             Leges
             eorum
             mutat
             ,
             aut
             nova
             condit
             ,
             sine
             concessione
             vel
             assensu
             totius
             Regni
             sui
             in
             Parliamento
             suo
             expresso
          
           :
           which
           words
           seeme
           so
           generall
           ,
           that
           in
           no
           case
           he
           may
           doe
           it
           .
        
         
           So
           it
           appeareth
           by
           the
           Booke
           case
           ,
           13.
           
             H.
          
           4.
           
             fol.
          
           14.
           that
           the
           grant
           of
           the
           King
           which
           tendeth
           to
           the
           charge
           and
           prejudice
           of
           his
           people
           in
           generall
           ,
           is
           not
           good
           ,
           unlesse
           by
           Parliament
           :
           But
           it
           is
           agreed
           there
           ,
           that
           grants
           of
           Tolls
           ,
           of
           Faires
           ,
           of
           Pontage
           ,
           of
           Pikage
           ,
           Murage
           ,
           Ferrying
           ,
           or
           such
           like
           ,
           which
           are
           for
           the
           profit
           ,
           good
           ,
           and
           ease
           of
           them
           that
           will
           take
           benefit
           thereof
           ,
           and
           not
           compulsory
           to
           any
           to
           pay
           ,
           but
           to
           them
           that
           will
           take
           the
           benefit
           of
           such
           Faires
           ,
           &c.
           and
           being
           very
           small
           and
           reasonable
           summes
           ,
           the
           Law
           doth
           give
           allowance
           unto
           them
           :
           but
           if
           they
           were
           great
           summes
           ,
           that
           tend
           to
           the
           charge
           of
           the
           people
           ,
           
           the
           Law
           will
           judge
           them
           void
           .
        
         
           This
           appears
           in
           Sir
           
             Edw.
             
             Cokes
          
           Reports
           ,
           
             lib.
          
           5.
           
             fol.
          
           63.
           in
           the
           Case
           of
           the
           Chamberlain
           of
           London
           ,
           That
           an
           ordinance
           made
           by
           the
           Cōmon
           Councell
           of
           London
           ,
           where
           they
           have
           a
           custome
           by
           the
           said
           Cōmon
           Councell
           ,
           to
           make
           reasonable
           ordinances
           to
           bind
           all
           within
           the
           City
           concerning
           Clothes
           to
           bee
           brought
           to
           Blackwell
           Hall
           ,
           there
           alwaies
           to
           be
           viewed
           ,
           &
           measured
           ,
           &
           searched
           before
           they
           were
           sold
           ,
           &
           a
           penny
           appointed
           for
           the
           Officer
           that
           did
           that
           service
           ;
           That
           such
           a
           charge
           was
           reasonable
           ,
           for
           that
           it
           was
           for
           the
           publick
           benefit
           of
           the
           City
           and
           Common-wealth
           :
           And
           a
           pecuniary
           penalty
           laid
           for
           not
           performance
           of
           that
           ordinance
           was
           allowed
           .
           
             Ibid.
             fol.
          
           64.
           in
           
             Clarkes
          
           Case
           is
           resolved
           ,
           That
           an
           ordinance
           made
           by
           the
           assent
           of
           the
           Plaintiffe
           himselfe
           ,
           and
           other
           Burgesses
           for
           the
           Towne
           of
           Saint
           Albons
           ,
           of
           a
           small
           taxe
           upon
           the
           inhabitants
           of
           the
           Town
           ,
           towards
           the
           erection
           of
           the
           Courts
           ,
           &
           other
           necessaries
           for
           the
           Terme
           to
           bee
           kept
           there
           ,
           It
           was
           allowed
           to
           bee
           good
           ,
           and
           did
           bind
           the
           Plaintiffe
           ,
           being
           by
           the
           Plaintiffes
           own
           consent
           ,
           and
           for
           the
           publick
           good
           of
           the
           Town
           .
        
         
         
           Also
           
             Coke
             ,
             lib.
          
           11.
           
             fol.
          
           86.
           in
           
             Darcies
          
           Case
           ,
           citeth
           this
           out
           of
           
             Fitzherberts
             natur
             .
             brev.
             fol.
          
           122.
           
           That
           every
           grant
           of
           the
           King
           hath
           this
           condition
           in
           it
           ,
           tacite
           or
           expresse
           ,
           
             Quòd
             patria
             per
             donationes
             illas
             magis
             solito
             non
             oneretur
             ,
             seu
             gravetur
             .
          
        
         
           And
           as
           by
           grant
           the
           King
           cannot
           charge
           his
           people
           ,
           so
           neither
           can
           hee
           by
           Writ
           lay
           any
           charge
           upon
           his
           people
           ,
           but
           by
           their
           consent
           ,
           or
           where
           they
           have
           apparent
           benefit
           thereby
           :
           And
           that
           is
           the
           reason
           of
           the
           Writ
           in
           the
           Register
           ,
           
             fol.
          
           127.
           
           
             Fitzh.
             nat.
             brev.
             fol.
          
           113.
           where
           ,
           by
           breach
           of
           the
           Sea
           walls
           ,
           any
           inundation
           is
           of
           the
           Country
           ,
           the
           King
           ,
           who
           is
           
             Pater
             patriae
             ,
          
           and
           taketh
           care
           for
           the
           good
           and
           safety
           of
           his
           people
           ,
           sendeth
           out
           his
           Commissioners
           to
           enquire
           by
           whose
           default
           any
           such
           breach
           happened
           ,
           and
           to
           cause
           all
           that
           had
           lands
           and
           commons
           neere
           adjoyning
           ,
           which
           may
           have
           benefit
           of
           inclosed
           marshes
           ,
           or
           losse
           by
           such
           inundation
           ,
           to
           be
           contributory
           to
           the
           making
           up
           of
           the
           Sea
           walls
           ;
           and
           this
           is
           done
           by
           a
           Jury
           :
           But
           this
           charge
           cannot
           bee
           laid
           upon
           a
           County
           or
           Towne
           in
           generall
           ,
           but
           particular
           men
           that
           have
           benefit
           or
           losse
           ,
           or
           may
           have
           
           losse
           or
           benefit
           thereby
           :
           And
           this
           is
           done
           upon
           inquiry
           of
           a
           Jury
           before
           the
           Sheriffe
           or
           Commissioners
           appointed
           .
        
         
           So
           it
           is
           at
           this
           day
           upon
           the
           Commission
           of
           Sewers
           ,
           as
           appeareth
           by
           
             Coke
             ,
             lib.
          
           10.
           
             fol.
          
           142.
           in
           the
           Case
           of
           the
           Isle
           of
           Ely
           ,
           That
           the
           Taxation
           by
           the
           Commissioners
           of
           Sewers
           must
           bee
           upon
           every
           particular
           man
           that
           hath
           or
           may
           have
           loss
           or
           benefit
           by
           such
           inundations
           ,
           and
           making
           up
           the
           walls
           ,
           and
           cannot
           be
           laid
           upon
           any
           remote
           parts
           ,
           which
           are
           out
           of
           the
           levell
           of
           such
           losse
           or
           benefit
           :
           And
           it
           must
           be
           certaine
           and
           particular
           upon
           persons
           certaine
           ,
           by
           reason
           of
           land
           or
           profit
           ,
           and
           cannot
           bee
           laid
           in
           generall
           ;
           but
           in
           these
           Cases
           there
           is
           a
           particular
           losse
           or
           benefit
           ,
           and
           in
           particular
           places
           ,
           &
           but
           in
           petty
           charges
           ;
           &
           then
           where
           the
           Law
           alloweth
           that
           which
           in
           reason
           is
           to
           be
           done
           ,
           that
           may
           be
           done
           ,
           without
           a
           speciall
           Statute
           ;
           for
           ,
           
             De
             minimis
             non
             curat
             Lex
          
           :
           but
           in
           this
           case
           there
           is
           a
           generall
           charge
           through
           the
           Kingdome
           ,
           which
           the
           Law
           doth
           not
           permit
           without
           common
           consent
           in
           Parliament
           .
        
         
           
           But
           it
           hath
           been
           alledged
           ,
           that
           this
           charge
           hath
           been
           imposed
           for
           the
           provision
           of
           the
           
           publick
           safety
           and
           defence
           of
           the
           Kingdome
           ;
           And
           may
           not
           this
           bee
           done
           ,
           when
           every
           one
           hath
           advantage
           by
           it
           ?
        
         
           To
           this
           I
           say
           ,
           
           When
           eminent
           danger
           and
           cause
           of
           defence
           is
           ,
           there
           must
           bee
           defence
           made
           by
           every
           man
           (
           when
           the
           King
           shall
           command
           )
           with
           his
           person
           ;
           and
           in
           such
           a
           case
           every
           man
           ,
           as
           it
           is
           said
           in
           the
           Presidents
           ,
           is
           bound
           
             per
             se
             &
             sua
          
           to
           defend
           the
           Kingdome
           :
           And
           I
           thinke
           no
           man
           will
           bee
           so
           unwise
           ,
           but
           that
           he
           will
           
             exponere
             se
             &
             sua
          
           for
           the
           defence
           of
           the
           Kingdome
           ,
           when
           there
           is
           danger
           ;
           for
           otherwise
           hee
           is
           in
           danger
           to
           lose
           
             se
             &
             sua
          
           :
           But
           to
           lay
           a
           charge
           in
           generall
           upon
           a
           Kingdome
           ,
           either
           for
           making
           or
           preparing
           of
           ships
           ,
           or
           money
           in
           lieu
           thereof
           ,
           is
           not
           to
           bee
           done
           but
           by
           Parliament
           ,
           when
           the
           charge
           is
           to
           be
           borne
           in
           generall
           of
           all
           the
           Subjects
           .
        
         
           To
           prove
           further
           ,
           that
           no
           man
           may
           have
           his
           goods
           taken
           from
           him
           but
           by
           his
           consent
           ,
           appeareth
           by
           a
           Record
           in
           
             Mich.
          
           14.
           
             Edw.
          
           2.
           
             Rot.
          
           60.
           in
           the
           Kings
           Bench
           in
           a
           Writ
           of
           errour
           ,
           brought
           upon
           a
           Judgement
           given
           in
           Durham
           ,
           where
           ,
           in
           an
           action
           of
           trespasse
           by
           
             William
             Heyborne
          
           against
           
             William
             Keylow
             ,
          
           for
           
           entring
           his
           house
           ,
           and
           breaking
           his
           Chest
           ,
           and
           taking
           away
           70.
           pounds
           in
           money
           ,
           the
           Defendant
           pleading
           not
           guilty
           ,
           the
           Jury
           found
           a
           speciall
           verdict
           ,
           That
           the
           Scots
           having
           entred
           the
           Bishoprick
           with
           an
           Army
           into
           Durham
           ,
           and
           making
           great
           burning
           and
           spoiles
           ,
           the
           Comminalty
           of
           Durham
           met
           together
           at
           Durham
           ,
           whereof
           the
           Plaintiffe
           was
           one
           ,
           and
           agreed
           to
           send
           some
           to
           compound
           with
           them
           for
           mony
           to
           depart
           ,
           and
           were
           all
           sworn
           to
           performe
           what
           composition
           should
           bee
           made
           ,
           and
           to
           performe
           what
           ordinance
           they
           should
           make
           in
           that
           behalfe
           :
           And
           thereupon
           they
           compounded
           with
           the
           Scots
           for
           1600.
           
           Markes
           .
           But
           because
           that
           was
           to
           bee
           paid
           immediately
           ,
           they
           all
           consented
           ,
           that
           
             William
             K●ylow
          
           the
           Defendant
           ,
           and
           others
           ,
           should
           goe
           into
           every
           mans
           house
           to
           search
           what
           ready
           money
           was
           there
           ,
           and
           to
           take
           it
           for
           the
           making
           of
           that
           summe
           ,
           and
           that
           it
           should
           bee
           repaid
           by
           the
           Comminalty
           of
           Durham
           :
           And
           thereupon
           the
           Defendant
           did
           enter
           into
           the
           Plaintiffes
           house
           ,
           and
           did
           breake
           open
           the
           Chest
           ,
           and
           tooke
           the
           70.
           pounds
           ,
           which
           was
           paid
           accordingly
           towards
           that
           fine
           .
           The
           
           Jury
           were
           demanded
           whether
           the
           Plaintiffe
           was
           present
           ,
           and
           did
           consent
           to
           the
           taking
           of
           the
           money
           ;
           they
           said
           ,
           No
           :
           Whereupon
           the
           Plaintiffe
           had
           judgement
           to
           recover
           the
           said
           70.
           pounds
           ,
           &
           dammages
           ;
           for
           that
           otherwise
           hee
           had
           no
           remedy
           for
           his
           money
           so
           taken
           ,
           and
           the
           Defendant
           committed
           in
           execution
           for
           the
           same
           :
           And
           thereupon
           the
           Defendant
           
             Keylow
          
           brought
           a
           Writ
           of
           errour
           in
           the
           Kings
           Bench
           ,
           and
           assigned
           his
           errours
           in
           point
           of
           judgement
           ,
           and
           there
           the
           judgement
           was
           reversed
           :
        
         
           Because
           the
           Plaintiffe
           
             Heyborne
          
           had
           his
           sufficient
           
           remedy
           against
           the
           Comminalty
           of
           Durham
           for
           his
           money
           .
        
         
           Because
           hee
           himselfe
           had
           agreed
           to
           this
           ordinance
           ,
           
           and
           was
           sworn
           to
           performe
           it
           ;
           and
           that
           the
           Defendant
           did
           nothing
           but
           that
           hee
           assented
           unto
           by
           his
           oath
           :
           and
           therefore
           is
           accompted
           to
           do
           nothing
           but
           by
           his
           consent
           ,
           and
           as
           a
           servant
           unto
           him
           ;
           therefore
           hee
           was
           no
           trespasser
           :
           And
           therefore
           the
           judgement
           given
           in
           Durham
           was
           reversed
           ,
           because
           hee
           had
           assented
           to
           that
           ordinance
           ;
           though
           hee
           was
           afterwards
           unwilling
           ,
           yet
           having
           once
           
           consented
           ,
           his
           goods
           were
           lawfully
           taken
           :
           By
           which
           it
           appeareth
           ,
           that
           if
           hee
           had
           not
           particularly
           consented
           ,
           such
           an
           ordinance
           could
           not
           have
           been
           good
           to
           bind
           him
           ,
           although
           this
           was
           in
           a
           case
           of
           great
           danger
           ,
           and
           for
           defence
           .
        
         
           2.
           
             R.
          
           2.
           
             pars
          
           12.
           the
           Parliament
           Roll
           proved
           this
           directly
           :
           although
           it
           be
           no
           Act
           of
           Parliament
           ,
           yet
           the
           Record
           is
           much
           to
           be
           regarded
           ;
           for
           it
           sheweth
           what
           the
           Law
           was
           then
           conceived
           to
           be
           :
           For
           ,
           
             Scroope
          
           the
           Lord
           Chancellour
           then
           shewed
           to
           all
           the
           Lords
           and
           Commons
           assembled
           in
           Parliament
           ,
           that
           all
           the
           Lords
           and
           Sages
           had
           met
           together
           since
           the
           last
           Parliament
           ,
           and
           having
           considered
           of
           the
           great
           danger
           the
           Kingdome
           was
           in
           ,
           and
           how
           money
           might
           be
           raised
           in
           a
           case
           of
           eminent
           danger
           ,
           which
           could
           not
           stay
           the
           delay
           of
           a
           Parliament
           ,
           and
           the
           Kings
           Coffers
           had
           not
           sufficient
           therein
           ;
           the
           Record
           is
           ,
           That
           they
           all
           agreed
           ,
           that
           money
           sufficient
           could
           not
           bee
           had
           without
           laying
           a
           charge
           upon
           the
           Comminalty
           ;
           which
           (
           say
           they
           )
           cannot
           bee
           done
           without
           a
           Parliament
           :
           And
           the
           Lords
           themselves
           for
           the
           time
           did
           supply
           the
           said
           necessity
           
           with
           mony
           they
           lent
           :
           which
           Record
           proved
           directly
           ,
           that
           this
           charge
           ,
           without
           an
           Act
           of
           Parliament
           ,
           is
           illegall
           .
        
         
           So
           upon
           this
           reason
           I
           conclude
           ,
           That
           this
           Writ
           compulsarily
           to
           charge
           the
           Subjects
           against
           their
           wills
           ,
           is
           not
           warranted
           by
           any
           Bookes
           ,
           and
           therefore
           illegall
           .
        
         
           If
           this
           Writ
           should
           bee
           allowed
           ,
           great
           inconveniences
           
           would
           ensue
           ,
           which
           the
           Law
           alwaies
           will
           avoid
           ,
           and
           not
           permit
           any
           inconveniences
           .
        
         
           That
           if
           such
           a
           charge
           may
           be
           laid
           upon
           the
           
           Counties
           by
           Writ
           ,
           without
           assent
           of
           Parliament
           ,
           then
           no
           man
           knoweth
           what
           his
           charge
           may
           bee
           ;
           for
           they
           may
           bee
           charged
           as
           often
           as
           the
           King
           pleaseth
           ,
           and
           with
           making
           as
           many
           ships
           ,
           and
           of
           what
           burthen
           ,
           and
           with
           what
           charge
           of
           munition
           ,
           victualls
           ,
           and
           men
           ,
           as
           shall
           be
           set
           downe
           :
           Wherein
           I
           doubt
           not
           ,
           but
           if
           the
           Law
           were
           so
           ,
           the
           King
           ,
           being
           a
           very
           pious
           and
           just
           King
           ,
           would
           use
           his
           power
           very
           moderately
           ;
           but
           Judges
           in
           their
           judgements
           are
           not
           to
           looke
           to
           present
           times
           ,
           but
           to
           all
           future
           times
           ,
           what
           may
           follow
           upon
           their
           judgements
           .
        
         
         
           That
           this
           inconvenience
           may
           bee
           ,
           it
           appeares
           by
           the
           Dane-geld
           ,
           first
           appointed
           in
           time
           of
           necessity
           to
           redeeme
           them
           from
           the
           cruelty
           of
           the
           Danes
           ,
           which
           often
           changed
           ,
           and
           still
           increased
           :
           for
           
             in
             Anno
             Dom.
          
           991.
           when
           it
           began
           ,
           it
           was
           10000.
           pounds
           ,
           
             Anno
             Domini
          
           994.
           it
           was
           increased
           to
           16000.
           pounds
           ;
           and
           
             Anno
             Domini
          
           1002.
           it
           was
           increased
           to
           24000.
           pounds
           ;
           and
           
             Anno
             Domini
          
           1007.
           it
           was
           increased
           to
           36000.
           pounds
           ;
           and
           
             Anno
             Domini
          
           1012.
           it
           was
           increased
           to
           48000.
           pounds
           :
           So
           if
           this
           Writ
           bee
           well
           awarded
           ,
           it
           may
           bee
           at
           pleasure
           what
           bounds
           it
           shall
           have
           .
        
         
           Also
           there
           were
           never
           but
           one
           single
           Subsidy
           ,
           and
           two
           Fifteenes
           used
           to
           be
           granted
           in
           Parliament
           ,
           untill
           31.
           
             Elis.
          
           and
           then
           a
           double
           Subsidy
           and
           foure
           Fifteenes
           were
           granted
           ,
           Sir
           
             Walter
             Mildmay
          
           then
           Chancellour
           of
           the
           Exchequer
           moving
           for
           it
           ,
           and
           saying
           ,
           his
           heart
           did
           quake
           to
           move
           it
           ,
           not
           knowing
           the
           inconveniences
           that
           should
           grow
           upon
           it
           ;
           but
           shewed
           great
           reasons
           for
           so
           moving
           of
           it
           ,
           being
           immediatly
           after
           the
           Spanish
           invasion
           :
           &
           so
           it
           was
           granted
           .
           Afterwards
           
             in
          
           35.
           
             Elis.
          
           treble
           Subsidies
           ,
           and
           sixe
           Fifteenes
           were
           granted
           :
           
           and
           
             in
          
           43.
           
             Elis.
          
           foure
           Subsidies
           and
           eight
           Fifteenes
           ;
           and
           yet
           these
           were
           not
           accompted
           grievous
           ,
           neither
           would
           it
           have
           been
           ,
           if
           it
           had
           been
           10.
           
           Subsidies
           ,
           because
           in
           Parliament
           ,
           and
           convenient
           times
           and
           meanes
           appointed
           for
           the
           levying
           of
           them
           .
        
         
           Tonnage
           and
           Poundage
           were
           granted
           to
           this
           end
           ,
           13.
           
             R.
          
           2.
           (
           and
           have
           continued
           ever
           since
           by
           severall
           grants
           )
           that
           the
           King
           might
           have
           monies
           in
           his
           purse
           against
           time
           of
           need
           for
           extraordinary
           occasions
           ;
           especially
           for
           the
           defence
           of
           the
           Realme
           ,
           and
           for
           guarding
           the
           Seas
           ,
           as
           it
           is
           especially
           declared
           by
           the
           Statute
           of
           1.
           
             Iac.
          
           and
           former
           Statutes
           .
        
         
           But
           it
           is
           said
           ,
           
           that
           Tonnage
           and
           Poundage
           is
           not
           granted
           now
           to
           the
           King
           ;
           Therefore
           the
           King
           is
           inforced
           to
           take
           these
           extraordinary
           courses
           .
        
         
           Though
           it
           be
           not
           granted
           ,
           
           yet
           I
           thinke
           it
           is
           taken
           ;
           and
           I
           doubt
           not
           but
           to
           the
           same
           intent
           ,
           and
           for
           the
           same
           purpose
           for
           which
           it
           was
           first
           granted
           ,
           which
           was
           for
           the
           defence
           of
           the
           Kingdome
           ,
           and
           the
           guard
           of
           the
           Seas
           .
        
         
           Therefore
           in
           case
           of
           danger
           and
           necessity
           ,
           every
           Subject
           ,
           for
           defence
           of
           the
           Kingdome
           ,
           
           is
           bound
           
             Ligeanciae
             debito
             ,
          
           as
           some
           Records
           say
           ;
           and
           
             Ligeanciae
             suae
             vinculo
             astricti
             ,
          
           as
           others
           speake
           :
           
             Se
             &
             sua
             totis
             viribus
             et
             potestate
             exponere
             ,
             &c.
             
          
           And
           in
           such
           a
           case
           the
           King
           may
           command
           the
           persons
           of
           his
           Subjects
           ,
           and
           arrest
           their
           ships
           to
           wait
           on
           his
           ,
           to
           defend
           the
           Sea
           ;
           Yet
           this
           also
           (
           when
           they
           goe
           out
           of
           their
           Counties
           )
           at
           the
           Kings
           charges
           ;
           But
           to
           command
           the
           Subjects
           by
           Writ
           to
           build
           new
           ships
           ,
           or
           to
           prepare
           ships
           at
           their
           charges
           ,
           or
           to
           lay
           a
           common
           charge
           on
           the
           Subjects
           in
           generall
           ,
           for
           matter
           of
           defence
           or
           avoidance
           of
           danger
           ,
           is
           not
           warrantable
           by
           the
           Common
           Law
           .
        
         
           
           Another
           inconvenience
           is
           ,
           That
           it
           is
           left
           in
           the
           power
           of
           the
           Sheriffe
           to
           charge
           any
           mans
           estate
           at
           his
           pleasure
           ,
           taxing
           some
           ,
           and
           sparing
           others
           ,
           as
           his
           affection
           leadeth
           him
           .
           And
           sometimes
           by
           colour
           thereof
           ,
           levying
           more
           then
           he
           need
           ,
           and
           enriching
           himselfe
           ;
           which
           power
           the
           Law
           never
           alloweth
           him
           ,
           although
           it
           were
           in
           lesse
           matters
           ;
           as
           to
           make
           an
           assessement
           for
           the
           breach
           of
           the
           Sea
           walls
           ,
           but
           to
           doe
           it
           by
           a
           Jury
           ,
           and
           not
           himselfe
           alone
           .
        
         
           So
           for
           these
           reasons
           I
           conclude
           this
           Writ
           is
           
           against
           the
           Common
           law
           ,
           and
           so
           illegall
           .
        
         
           For
           the
           second
           point
           ,
           I
           conceive
           ,
           if
           the
           
           Common
           law
           were
           doubtfull
           in
           this
           ,
           whether
           such
           a
           charge
           might
           be
           imposed
           by
           Writ
           ,
           yet
           now
           it
           is
           made
           cleare
           by
           divers
           expresse
           Statutes
           ,
           that
           the
           King
           is
           not
           to
           lay
           any
           charge
           upon
           his
           Subjects
           ,
           but
           by
           their
           consent
           in
           Parliament
           :
           and
           that
           is
           by
           many
           Acts
           of
           Parliament
           in
           force
           ,
           and
           not
           repealed
           .
           And
           there
           is
           no
           doubt
           but
           the
           Kings
           by
           Statute
           may
           bind
           them
           and
           their
           Successours
           not
           to
           lay
           any
           such
           charge
           ,
           every
           King
           being
           bound
           by
           oath
           to
           performe
           the
           Statu●es
           of
           his
           Realme
           .
        
         
           The
           Statute
           of
           25.
           
             Edw.
          
           1.
           
           which
           is
           in
           these
           words
           :
        
         
           Forasmuch
           as
           divers
           people
           of
           our
           Realm
           are
           in
           feare
           ,
           that
           the
           aides
           and
           taxes
           which
           they
           have
           given
           us
           before
           time
           towards
           our
           warres
           and
           other
           businesse
           of
           their
           owne
           grant
           and
           good
           will
           (
           howsoever
           they
           were
           made
           )
           might
           turne
           to
           a
           bondage
           to
           them
           and
           their
           heires
           ,
           because
           they
           might
           be
           at
           another
           time
           found
           in
           the
           Rolls
           ;
           and
           likewise
           for
           the
           prizes
           taken
           throughout
           our
           Realme
           by
           our
           
           ministers
           ,
           wee
           have
           granted
           for
           us
           and
           our
           heires
           ,
           that
           we
           shall
           not
           draw
           any
           such
           aides
           ,
           taxes
           ,
           or
           prizes
           into
           a
           custome
           for
           any
           thing
           that
           hath
           been
           done
           heretofore
           by
           any
           Roll
           ,
           or
           any
           other
           President
           that
           may
           be
           found
           .
        
         
           
           
             Ibidem
             ,
             cap.
          
           6.
           
           Moreover
           ,
           wee
           have
           granted
           for
           us
           and
           our
           heires
           ,
           as
           well
           to
           Archbishops
           ,
           Bishops
           ,
           Abbots
           ,
           Priors
           ,
           and
           other
           folke
           of
           holy
           Church
           ;
           as
           also
           to
           Earles
           ,
           Barons
           ,
           and
           to
           all
           the
           Comminalty
           of
           the
           land
           ,
           that
           for
           no
           businesse
           from
           henceforth
           we
           shall
           take
           such
           aides
           ,
           ●axes
           ,
           ●or
           prizes
           ,
           but
           by
           the
           common
           assent
           of
           the
           Realme
           ,
           and
           for
           the
           common
           profit
           thereof
           ,
           
             saving
          
           the
           ancient
           aides
           and
           prizes
           due
           and
           accustomed
           ;
           Which
           are
           the
           expresse
           words
           of
           that
           Statute
           .
        
         
           Now
           what
           those
           ancient
           aides
           were
           ,
           is
           well
           knowne
           ,
           
             viz.
          
           that
           they
           were
           
             ad
             redimendu●
             c●rpu●
             ,
             ad
             f●lium
             pri●og●●it●●
             militem
             faciend●
             Et
             ad
             filiam
             pri●ogenitam
             miritandam
          
           ;
           which
           aides
           concerne
           not
           the
           Subjects
           in
           generall
           ,
           but
           particular
           men
           were
           liable
           thereunto
           by
           thei●●enures
           ●o
           this
           
             saving●eeded
          
           not
           to
           have
           been
           ;
           for
           the
           body
           of
           the
           Act
           extended
           not
           to
           them
           ,
           but
           〈◊〉
           gener●ll
           aide●
           of
           the
           Kingdome
           .
        
         
         
           However
           ,
           if
           this
           
             Salvo
             ,
          
           as
           it
           hath
           beene
           objected
           ,
           would
           preserve
           this
           aide
           now
           in
           question
           ;
           yet
           the
           Statute
           made
           afterwards
           
             de
             Tallagio
             non
             concedendo
             ,
          
           being
           without
           any
           
             Salvo
             ,
          
           takes
           it
           away
           :
           which
           sta●ute
           
             Ras●al●
          
           in
           his
           Abridgement
           ,
           
             fol.
          
           441.
           in
           his
           title
           of
           Taxes
           ,
           abridgeth
           in
           this
           manner
           :
        
         
           
             Anno
          
           25.
           
             Edw.
          
           1.
           
           It
           is
           ordained
           ,
           That
           the
           taxes
           taken
           shall
           not
           be
           taken
           in
           custome
           ,
           no●
           〈◊〉
           by
           the
           assent
           of
           this
           Realm
           ,
           except
           the
           ancient
           aides
           and
           taxes
           .
        
         
           And
           there
           the
           taxes
           of
           Wooll
           of
           forty
           shillings
           a
           sacke
           is
           released
           .
        
         
           
             Ibidem
          
           2o.
           That
           no
           tallage
           by
           us
           or
           our
           heires
           in
           our
           Realm
           be
           pu●
           or
           levied
           ,
           without
           the
           assent
           of
           the
           Archbishops
           ,
           Bishops
           ,
           Earles
           ,
           Barons
           ,
           Knights●
           Burgesses
           ,
           and
           other
           free
           Commons
           of
           our
           Realm
           ,
           That
           nothing
           bee
           taken
           from
           henceforth
           in
           the
           name
           ,
           or
           by
           reason
           of
           
             Male
             tout
          
           of
           a
           sacke
           of
           Wooll
           ,
           
             Statutum
             de
             Tallagio
             non
             concedendo
             .
          
        
         
           Master
           Sollicitor
           laboured
           much
           to
           prove●
           
           that
           there
           was
           no
           such
           Statute
           
             de
             Tallagio
             non
             concedendo
             .
          
        
         
         
           First
           ,
           for
           that
           it
           is
           not
           to
           bee
           found
           in
           the
           Rolls
           of
           Parliament
           .
        
         
           Secondly
           ,
           for
           that
           it
           is
           not
           set
           down
           when
           it
           was
           made
           .
        
         
           Thirdly
           ,
           that
           it
           was
           but
           an
           abstract
           out
           of
           
             Confirmatio
             Chartae
             libertatum
             .
          
        
         
           Master
           Atturney
           said
           ,
           hee
           would
           not
           deny
           it
           to
           be
           a
           Statute
           ,
           neither
           would
           he
           affirme
           it
           ;
           but
           yet
           it
           did
           not
           extend
           to
           take
           away
           the
           aide
           demanded
           by
           Prerogative
           ,
           or
           power
           Royall
           ,
           for
           defence
           of
           the
           Kingdome
           .
        
         
           
           To
           this
           I
           answer
           ,
           That
           it
           was
           never
           doubted
           to
           be
           a
           Statute
           ,
           untill
           this
           Argument
           ;
           and
           that
           it
           is
           a
           Statute
           ,
           appeareth
           ,
        
         
           
           For
           that
           it
           is
           printed
           in
           the
           booke
           of
           Statutes
           as
           a
           Statute
           .
        
         
           
           It
           is
           recited
           in
           the
           petition
           of
           right
           ,
           
             anno
             tertio
             Car.
          
           to
           be
           a
           Statute
           .
        
         
           
           To
           that
           ,
           that
           it
           is
           not
           found
           in
           the
           Rolls
           ,
           I
           answer
           ,
           That
           many
           Statutes
           which
           are
           knowne
           Statutes
           ,
           are
           not
           found
           in
           the
           Rolls
           ,
           as
           
             Magna
             Charta
          
           is
           not
           .
        
         
           And
           as
           touching
           the
           time
           ,
           I
           conceive
           it
           to
           be
           made
           
             in
          
           34.
           
             Edw.
          
           1.
           
             cap.
          
           1.
           for
           so
           it
           is
           set
           down
           
           in
           the
           great
           printed
           book
           of
           Statutes
           
             anno
          
           1618.
           to
           bee
           the
           first
           chapter
           of
           the
           Statutes
           therein
           made
           ,
           
             viz.
          
           in
           these
           words
           :
        
         
           No
           tallage
           or
           aide
           shall
           be
           taken
           or
           levied
           by
           us
           or
           our
           heires
           in
           our
           Realme
           ,
           without
           the
           good
           will
           and
           assent
           of
           Archbishops
           ,
           Bishops
           ,
           Earles
           ,
           Barons
           ,
           Knights
           ,
           Burgesses
           ,
           and
           other
           Freemen
           of
           the
           land
           .
        
         
           And
           that
           it
           is
           a
           Statute
           ,
           all
           my
           brethren
           the
           Judges
           have
           agreed
           .
        
         
           The
           onely
           doubt
           then
           is
           ,
           Whether
           this
           Statute
           extendeth
           to
           aides
           for
           defence
           of
           the
           Kingdome
           :
           which
           I
           thinke
           it
           doth
           ;
           for
           it
           is
           the
           precise
           words
           ,
           That
           no
           tallage
           or
           aide
           shall
           bee
           taken
           or
           levied
           ,
           but
           by
           consent
           in
           Parliament
           :
           which
           extendeth
           to
           all
           manner
           of
           aides
           .
        
         
           
             Bodin
          
           saith
           ,
           
           
             fol.
          
           97.
           by
           a
           Law
           made
           in
           the
           time
           of
           
             Edw.
          
           1.
           that
           it
           was
           provided
           and
           enacted
           ,
           That
           no
           taxe
           ,
           tallage
           ,
           nor
           aide
           shall
           bee
           imposed
           ,
           but
           by
           grant
           in
           Parliament
           ;
           and
           by
           this
           Law
           the
           Subjects
           of
           England
           have
           defended
           themselves
           ever
           since
           ,
           as
           with
           a
           buckler
           :
           whereby
           it
           appeareth
           ,
           that
           notice
           was
           taken
           of
           this
           Law
           in
           forraine
           parts
           ,
           and
           so
           
           held
           still
           to
           be
           a
           Statute
           in
           force
           .
        
         
           
           The
           next
           Statute
           is
           14.
           
             Edw.
          
           3.
           
             cap.
          
           1.
           which
           reciteth
           the
           grant
           of
           the
           great
           Subsidy
           of
           the
           ninth
           fleece
           of
           the
           ninth
           Lamb
           ,
           &c.
           (
           formerly
           granted
           )
           and
           thereupon
           these
           words
           follow
           :
        
         
           Wee
           ,
           willing
           to
           provide
           for
           the
           indemnity
           of
           the
           said
           Prelates
           ,
           Earles
           ,
           Barons
           ,
           and
           other
           the
           Comminalty
           of
           the
           Realme
           ;
           and
           also
           of
           the
           Citizens
           ,
           Burgesses
           ,
           and
           Merchants
           aforesaid
           ,
           will
           and
           grant
           for
           us
           and
           our
           heires
           ,
           to
           the
           same
           Prelates
           ,
           Earles
           ,
           Barons
           and
           Commons
           ,
           Citizens
           ,
           Burgesses
           and
           Merchants
           ,
           that
           the
           same
           grant
           shall
           not
           bee
           had
           forth
           in
           example
           ,
           nor
           fall
           to
           their
           prejudice
           in
           time
           to
           come
           :
           Nor
           that
           they
           bee
           from
           henceforth
           charged
           nor
           grieved
           to
           make
           any
           aide
           ,
           nor
           sustaine
           charge
           ,
           if
           it
           bee
           not
           by
           the
           common
           assent
           of
           the
           said
           Prelates
           ,
           Earles
           ,
           Barons
           ,
           and
           other
           great
           men
           ,
           and
           Commons
           of
           the
           said
           Realme
           of
           England
           ,
           and
           that
           in
           the
           Parliament
           :
           And
           that
           all
           the
           profits
           arising
           of
           the
           said
           aide
           ,
           and
           of
           Wards
           marriages
           ,
           Customes
           ,
           and
           Escheats
           ,
           and
           other
           profits
           arising
           of
           our
           said
           Realme
           of
           England
           ,
           shall
           be
           
           set
           &
           dispended
           upon
           the
           maintenance
           of
           the
           safeguard
           of
           this
           Realme
           of
           England
           ,
           and
           of
           our
           warres
           of
           Scotland
           ,
           France
           ,
           and
           Gascoin
           ,
           and
           in
           no
           place
           elsewhere
           during
           our
           said
           warres
           .
        
         
           By
           this
           statute
           it
           appeareth
           ,
           that
           it
           is
           expresly
           provided
           ,
           That
           the
           subjects
           should
           not
           be
           from
           thenceforth
           charged
           nor
           grieved
           to
           make
           any
           aide
           ,
           nor
           sustaine
           any
           charge
           ,
           but
           by
           common
           assent
           ,
           and
           that
           in
           Parliament
           ;
           which
           is
           as
           expresse
           as
           may
           be
           ,
           and
           exclusive
           to
           any
           charge
           otherwise
           ;
           which
           I
           conceive
           was
           made
           against
           the
           appointment
           of
           making
           ,
           or
           preparing
           ,
           and
           sending
           of
           ships
           at
           the
           charges
           of
           the
           Townes
           whence
           they
           were
           ,
           or
           sending
           men
           out
           of
           their
           Counties
           at
           the
           charges
           of
           the
           County
           .
        
         
           Now
           ,
           where
           it
           is
           alledged
           by
           my
           brother
           
             Weston
             ,
          
           and
           my
           brother
           
             Berkley
             ,
          
           that
           this
           was
           but
           a
           temporary
           statute
           ,
           and
           ended
           when
           his
           warres
           ended
           ,
           which
           appeareth
           by
           the
           last
           clause
           ,
           for
           employment
           of
           those
           profits
           of
           his
           Wards
           ,
           &c.
           towards
           those
           warres
           :
           I
           conceive
           it
           appeareth
           to
           bee
           an
           absolute
           and
           perpetuall
           statute
           ;
           for
           ,
           it
           is
           granted
           for
           him
           and
           his
           
           heires
           ,
           which
           is
           in
           perpetuity
           :
           And
           also
           it
           appeares
           by
           
             Plowd
             .
          
           his
           Cōmentaries
           ,
           
             fol.
          
           457.
           in
           Sir
           
             Thomas
             Wroth's
          
           Case
           ,
           where
           a
           grant
           is
           by
           the
           name
           of
           the
           King
           ,
           which
           is
           in
           his
           politicke
           capacity
           ;
           this
           extended
           against
           him
           ,
           his
           heires
           and
           successours
           ,
           although
           they
           bee
           not
           named
           .
        
         
           Also
           the
           intendment
           of
           this
           Law
           appeareth
           to
           bee
           for
           the
           security
           of
           the
           subjects
           from
           thenceforth
           for
           all
           future
           ages
           ;
           and
           then
           the
           office
           of
           Judges
           is
           ,
           as
           appeares
           by
           Sir
           
             Edward
             Cokes
          
           Reports
           ,
           
             lib.
          
           3.
           
             fol.
          
           7.
           and
           
             Plowdens
          
           Commentaries
           in
           
             Byston
          
           and
           
             Studs
          
           Case
           ,
           to
           construe
           statutes
           according
           to
           the
           true
           intent
           of
           the
           makers
           thereof
           ,
           which
           was
           in
           this
           Case
           ,
           That
           it
           should
           bee
           a
           perpetuall
           security
           for
           them
           :
           and
           to
           little
           purpose
           it
           had
           been
           to
           make
           a
           statute
           to
           continue
           but
           during
           the
           time
           of
           the
           warres
           .
        
         
           
           Also
           where
           it
           is
           alledged
           ,
           that
           the
           statute
           of
           14.
           
             Edw.
          
           3.
           is
           not
           mentioned
           in
           the
           Petition
           of
           right
           ,
           which
           is
           some
           Argument
           that
           it
           was
           not
           conceived
           to
           be
           a
           continuing
           statute
           .
        
         
           
           To
           that
           I
           answer
           ,
           that
           in
           that
           Petition
           of
           right
           it
           is
           said
           ,
           That
           by
           the
           statutes
           there
           recited
           ,
           
           and
           other
           the
           good
           Statutes
           of
           this
           Realme
           ,
           the
           Subjects
           shall
           not
           be
           compelled
           to
           contribute
           to
           any
           Taxe
           ,
           Tallage
           ,
           Aide
           ,
           nor
           other
           like
           charge
           not
           set
           by
           Parliament
           ,
           in
           which
           this
           Statute
           is
           as
           well
           intended
           ,
           as
           other
           Statutes
           ,
           and
           as
           farre
           ,
           as
           if
           it
           had
           beene
           expresly
           recited
           .
        
         
           Also
           it
           appeareth
           by
           all
           the
           bookes
           of
           Statutes
           ,
           that
           this
           Statute
           is
           printed
           as
           a
           Statute
           continuing
           ,
           whereas
           others
           expired
           ,
           are
           so
           set
           downe
           as
           expired
           .
        
         
           21.
           
             Edw.
          
           3.
           
             pars
          
           2.
           
             m.
          
           11.
           
           
           A
           Subsidy
           being
           granted
           by
           Parliament
           ,
           
             viz.
          
           forty
           shillings
           of
           every
           sacke
           of
           Wooll
           transported
           before
           Michaelmas
           following
           ;
           and
           six
           pence
           of
           every
           twenty
           shillings
           of
           merchandize
           ,
           for
           the
           safe
           guarding
           of
           the
           Merchants
           ,
           defence
           of
           the
           Coasts
           ,
           &c.
           
        
         
           After
           Michaelmas
           ,
           
             viz.
          
           31.
           Octob.
           21.
           
             Edw.
          
           3.
           by
           Writ
           the
           Collectors
           were
           commanded
           to
           continue
           the
           collection
           of
           those
           Subsidies
           untill
           Easter
           .
           But
           26.
           Novemb.
           21.
           
             Edw.
          
           3.
           the
           King
           by
           Writ
           commanded
           the
           stay
           of
           the
           collection
           of
           the
           six
           pence
           in
           the
           20
           shillings
           ,
           and
           to
           continue
           the
           collection
           of
           the
           Subsidies
           
           upon
           the
           sackes
           of
           Wooll
           untill
           Easter
           .
        
         
           
           22.
           
             Edw.
          
           3.
           
           Parliament
           ,
           
             mem.
          
           16.
           the
           Parliament
           being
           holden
           in
           Lent
           ,
           the
           Commons
           complained
           of
           this
           continuance
           of
           the
           collection
           of
           the
           Subsidy
           upon
           the
           sacks
           of
           Wooll
           longer
           then
           the
           Parliament
           had
           granted
           it
           ;
           and
           provided
           ,
           that
           it
           should
           not
           be
           continued
           longer
           then
           Easter
           by
           the
           procurement
           of
           no
           person
           .
        
         
           By
           this
           it
           appeareth
           ,
           that
           the
           Parliament
           being
           carefull
           ,
           that
           the
           time
           for
           levying
           of
           a
           Subsidy
           granted
           ,
           should
           not
           bee
           inlarged
           by
           any
           power
           ,
           much
           lesse
           would
           they
           admit
           of
           a
           Writ
           ,
           to
           lay
           a
           charge
           without
           grant
           by
           Parliament
           .
        
         
           
           25.
           
             Edw.
          
           3.
           
             m.
          
           8.
           it
           was
           enacted
           ,
           That
           no
           man
           should
           bee
           compelled
           to
           find
           men
           at
           armes
           ,
           other
           then
           such
           as
           hold
           by
           such
           services
           ,
           except
           it
           be
           by
           common
           assent
           in
           Parliament
           .
        
         
           By
           this
           it
           appeareth
           ,
           that
           if
           men
           bee
           not
           compellable
           to
           find
           a
           man
           at
           armes
           ,
           unlesse
           it
           bee
           by
           common
           assent
           in
           Parliament
           ,
           much
           lesse
           is
           any
           bound
           to
           bee
           contributory
           to
           the
           preparing
           of
           a
           ship
           with
           180.
           men
           at
           armes
           ,
           and
           victuals
           ,
           and
           wages
           of
           the
           souldiers
           for
           a
           
           time
           ,
           unlesse
           it
           be
           by
           common
           assent
           in
           Parliament
           .
        
         
           
             Rot.
             Parliamenti
             ,
          
           2.
           
             Hen.
          
           4.
           
             nu
             .
          
           22.
           (
           an
           Act
           of
           Parliament
           ,
           as
           I
           account
           in
           the
           very
           point
           )
           is
           in
           these
           words
           :
           For
           that
           of
           late
           divers
           Commissions
           were
           made
           to
           divers
           Cities
           and
           Burroughs
           within
           the
           Realme
           ,
           to
           make
           Barges
           and
           Barringers
           ,
           without
           assent
           in
           Parliament
           ,
           and
           otherwise
           then
           hath
           beene
           done
           before
           these
           houres
           ;
           The
           Commons
           do
           pray
           the
           King
           ,
           that
           those
           Commissions
           may
           bee
           repealed
           ,
           and
           that
           they
           may
           not
           bee
           of
           any
           force
           or
           effect
           ,
           to
           which
           it
           is
           answered
           :
           That
           the
           King
           willeth
           ,
           that
           the
           said
           Commissions
           be
           repealed
           in
           all
           points
           ,
           which
           is
           an
           absolute
           and
           perfect
           Statute
           ;
           but
           then
           there
           is
           added
           these
           words
           :
           But
           for
           the
           great
           necessity
           that
           hee
           hath
           of
           such
           vessels
           for
           defence
           of
           the
           Realme
           ,
           in
           case
           that
           the
           warres
           shall
           happen
           ,
           hee
           will
           treat
           with
           his
           Lords
           of
           this
           matter
           ,
           and
           afterwards
           will
           shew
           it
           unto
           the
           Commons
           ,
           to
           have
           their
           counsell
           and
           advice
           in
           this
           point
           :
           So
           by
           this
           Record
           it
           appeareth
           ,
           that
           the
           Commons
           did
           conceive
           ,
           That
           no
           Cities
           ,
           Burroughes
           ,
           nor
           Townes
           ,
           without
           assent
           
           in
           Parliament
           ,
           were
           to
           bee
           charged
           with
           the
           making
           of
           such
           vessels
           ,
           to
           which
           the
           King
           agreeth
           :
           And
           from
           that
           day
           to
           this
           very
           day
           ,
           (
           untill
           the
           making
           of
           these
           Writs
           )
           in
           no
           age
           (
           although
           the
           Kingdome
           hath
           beene
           many
           times
           in
           danger
           of
           invasion
           ,
           and
           hath
           beene
           invaded
           )
           there
           doe
           appeare
           any
           Records
           that
           ever
           I
           have
           seene
           ,
           or
           any
           Writs
           directed
           to
           any
           Townes
           or
           Cities
           ,
           at
           their
           charges
           to
           make
           or
           prepare
           any
           ships
           or
           vessels
           whatsoever
           .
        
         
           
           And
           whereas
           it
           hath
           beene
           objected
           ,
           and
           especially
           insisted
           upon
           by
           my
           brother
           
             Berkley
             ,
          
           That
           this
           latter
           part
           (
           that
           the
           King
           will
           treat
           with
           his
           Lords
           concerning
           them
           ,
           and
           after
           conferre
           with
           the
           Commons
           )
           is
           a
           gentle
           deniall
           of
           that
           Act
           ,
           as
           the
           experience
           is
           at
           this
           day
           :
           
             Roy
             se
             avisera
             ,
          
           is
           a
           deniall
           of
           an
           Act
           .
        
         
           
           Hereunto
           I
           answer
           ,
           That
           it
           is
           an
           absolute
           Act
           ;
           for
           it
           is
           an
           absolute
           assent
           unto
           the
           Petition
           ,
           and
           that
           which
           came
           after
           ,
           was
           but
           a
           plausible
           excuse
           ;
           for
           that
           such
           Commissions
           had
           gone
           out
           ,
           and
           this
           further
           consultation
           never
           appeared
           to
           be
           made
           ,
           nor
           ever
           any
           such
           Writ
           or
           Commission
           for
           such
           vessels
           to
           bee
           
           made
           ,
           went
           out
           ever
           since
           untill
           this
           Writ
           .
        
         
           13.
           
           
             Hen.
          
           4.
           
             nu
             .
          
           10.
           
           
           A
           grant
           is
           of
           a
           Subsidy
           of
           Woolls
           ,
           Woolfels
           ,
           Hides
           ,
           and
           other
           things
           there
           mentioned
           ,
           and
           of
           Tonnage
           and
           Poundage
           for
           one
           yeare
           ,
           for
           the
           defence
           of
           the
           Marches
           of
           Callice
           ,
           &c.
           and
           for
           the
           defence
           of
           the
           Realme
           ,
           and
           safeguard
           of
           the
           Sea
           :
           And
           therein
           is
           this
           expresse
           proviso
           ,
           
             viz.
          
           Provided
           alwaies
           ,
           that
           this
           grant
           of
           a
           Subsidy
           of
           Wools
           ,
           &c.
           and
           of
           Tonnage
           and
           Poundage
           in
           time
           to
           come
           ,
           shall
           not
           bee
           taken
           in
           example
           ,
           to
           charge
           the
           Lords
           or
           Commons
           of
           this
           Realme
           with
           any
           manner
           of
           Subsidy
           ,
           for
           the
           safeguard
           of
           Callice
           ,
           &c.
           nor
           for
           the
           defence
           of
           the
           Realme
           ,
           nor
           for
           the
           safeguard
           of
           the
           Seas
           ,
           unlesse
           it
           bee
           by
           the
           wills
           of
           the
           Lords
           and
           Commons
           of
           this
           Realme
           ;
           and
           that
           by
           a
           new
           grant
           to
           be
           made
           ,
           and
           that
           in
           full
           Parliament
           to
           come
           .
           By
           this
           it
           appeareth
           ,
           that
           it
           was
           then
           provided
           ,
           That
           no
           charge
           should
           be
           laid
           upon
           the
           Lords
           or
           Commons
           ,
           no
           not
           for
           the
           defence
           of
           the
           Realme
           ,
           but
           by
           grant
           in
           full
           Parliament
           .
        
         
           13.
           
           
             Hen.
          
           4.
           
             nu
             .
          
           43.
           
           
           A
           Petition
           was
           in
           Parliament
           ,
           reciting
           ,
           that
           there
           was
           an
           office
           granted
           
           of
           
             Alnager
          
           within
           London
           ,
           and
           the
           Suburbs
           of
           the
           same
           ,
           with
           fees
           to
           that
           appertaining
           ,
           where
           any
           such
           office
           never
           was
           ,
           nor
           any
           such
           fees
           appertaining
           thereunto
           ;
           and
           that
           by
           colour
           thereof
           they
           levie
           upon
           the
           sale
           of
           every
           Broad
           cloth
           ,
           an
           halfe
           penny
           of
           the
           buyer
           ,
           and
           an
           halfe
           penny
           of
           the
           seller
           ;
           and
           upon
           sale
           of
           every
           hundred
           Ells
           of
           Canvas
           ,
           a
           penny
           of
           the
           seller
           ,
           and
           a
           penny
           of
           the
           buyer
           ,
           wrongfully
           against
           the
           Statute
           in
           the
           time
           of
           your
           Highnesse
           Progenitors
           made
           to
           the
           contrary
           ;
           by
           which
           it
           is
           ordained
           ,
           That
           no
           tallage
           nor
           aide
           shall
           bee
           granted
           nor
           levied
           ,
           without
           assent
           and
           consent
           of
           the
           Lords
           and
           Commons
           of
           your
           Realme
           ,
           as
           by
           the
           said
           Statute
           fully
           is
           declared
           :
           Wherefore
           they
           pray
           ,
           that
           such
           Letters
           Patents
           thereof
           made
           shall
           bee
           void
           ,
           and
           holden
           for
           none
           :
           And
           this
           was
           granted
           ;
           whereby
           it
           appeareth
           ,
           that
           it
           is
           declared
           then
           in
           Parliament
           ,
           that
           these
           Statutes
           were
           and
           did
           continue
           ,
           that
           no
           tallage
           or
           aide
           shall
           bee
           levied
           without
           grant
           in
           Parliament
           .
        
         
           1.
           
             Ric.
          
           3.
           
             cap.
          
           2.
           
           It
           is
           enacted
           in
           these
           words
           :
           Our
           Soveraigne
           Lord
           the
           King
           remembring
           how
           the
           Commons
           of
           this
           Realme
           by
           new
           
           and
           unlawfull
           inventions
           ,
           and
           inordinate
           covetice
           against
           the
           Lawes
           of
           this
           Realme
           ,
           have
           beene
           put
           to
           great
           servitude
           ,
           and
           importune
           charges
           and
           exactions
           ;
           and
           especially
           by
           a
           new
           imposition
           ,
           called
           a
           
             Benevolence
             ,
          
           whereby
           divers
           subjects
           of
           this
           land
           against
           their
           wills
           and
           liberties
           have
           paid
           great
           summes
           of
           money
           ,
           &c.
           
        
         
           It
           is
           enacted
           and
           ordained
           ,
           That
           the
           Subjects
           and
           Commons
           of
           this
           Realme
           from
           henceforth
           shall
           in
           no
           wise
           bee
           charged
           by
           such
           charges
           or
           imposition
           ,
           called
           a
           
             Benevolence
             ,
          
           or
           by
           such
           like
           charge
           :
           and
           that
           such
           exactions
           ,
           called
           a
           
             Benevolence
             ,
          
           before
           that
           time
           taken
           ,
           shall
           be
           taken
           for
           no
           example
           ,
           to
           make
           any
           such
           ,
           or
           any
           like
           charge
           of
           any
           his
           Subjects
           of
           this
           Realme
           hereafter
           ;
           but
           shall
           bee
           damned
           and
           adnulled
           for
           ever
           .
        
         
           By
           this
           it
           appeareth
           ,
           that
           it
           is
           expresly
           provided
           ,
           That
           the
           Subjects
           shall
           not
           be
           charged
           by
           way
           of
           
             Benevolence
             ,
          
           which
           is
           in
           nature
           of
           a
           free
           gift
           ,
           nor
           such
           like
           charge
           ,
           that
           is
           ,
           no
           charge
           of
           monie
           shall
           bee
           upon
           the
           Subject
           for
           any
           pretence
           whatsoever
           ,
           be
           it
           for
           defence
           in
           time
           of
           danger
           ,
           or
           the
           guarding
           of
           the
           Seas
           .
        
         
         
           The
           last
           and
           concluding
           statute
           is
           the
           Petition
           of
           right
           ,
           made
           in
           the
           third
           yeare
           of
           his
           Majesties
           raigne
           ,
           where
           reciting
           ,
           that
           it
           was
           enacted
           by
           a
           statute
           made
           in
           the
           time
           of
           
             Edward
          
           the
           first
           ,
           commonly
           called
           ,
           
             Statutum
             de
             Tallagio
             non
             concedendo
             ,
          
           that
           no
           tallage
           or
           aide
           shal
           be
           laid
           or
           levied
           by
           the
           King
           or
           his
           heires
           in
           this
           Realme
           ,
           without
           the
           good
           will
           and
           assent
           of
           the
           Archbishops
           ,
           Bishops
           ,
           Earles
           ,
           Barons
           ,
           Knights
           ,
           and
           other
           the
           Freemen
           of
           the
           Comminalty
           of
           this
           Realme
           :
           And
           by
           a
           statute
           of
           25.
           
             Edw.
          
           3.
           
           That
           none
           shall
           be
           compelled
           to
           make
           any
           loanes
           to
           the
           King
           ,
           because
           such
           loanes
           were
           against
           reason
           ,
           and
           the
           franchise
           of
           the
           land
           :
           And
           by
           another
           statute
           ,
           That
           none
           shall
           be
           charged
           by
           any
           impositions
           ,
           called
           a
           
             Benevolence
          
           :
           By
           which
           statutes
           ,
           and
           other
           the
           statutes
           of
           this
           Realme
           ,
           your
           Subjects
           have
           inherited
           this
           freedome
           ,
           That
           they
           shall
           not
           bee
           compelled
           to
           contribute
           to
           any
           taxe
           ,
           tallage
           ,
           aide
           ,
           nor
           other
           like
           charge
           not
           set
           by
           Parliament
           :
           And
           then
           they
           pray
           ,
           that
           none
           hereafter
           bee
           compelled
           to
           make
           or
           yeeld
           any
           gift
           ,
           loane
           ,
           benevolence
           ,
           taxe
           ,
           or
           such
           like
           charge
           ,
           without
           common
           consent
           by
           Act
           of
           Parliament
           .
        
         
         
           And
           after
           five
           other
           things
           there
           mentioned
           ,
           the
           conclusion
           is
           ,
           All
           which
           they
           pray
           as
           their
           rights
           and
           liberties
           :
           unto
           which
           the
           King
           answers
           ,
           Let
           right
           bee
           done
           ,
           as
           is
           desired
           ,
           which
           is
           a
           full
           and
           perfect
           statute
           ,
           shewing
           in
           this
           point
           the
           liberties
           of
           the
           Kingdome
           prayed
           and
           allowed
           ,
           which
           was
           not
           done
           without
           the
           advice
           of
           the
           Judges
           then
           being
           ,
           whereof
           I
           was
           one
           ;
           whose
           opinions
           were
           then
           demanded
           ,
           and
           resolved
           ,
           that
           the
           same
           did
           not
           give
           any
           new
           liberty
           ,
           but
           declared
           what
           the
           liberty
           of
           the
           subject
           was
           in
           this
           amongst
           others
           ,
           that
           they
           should
           not
           bee
           compelled
           to
           be
           contributory
           to
           any
           taxe
           ,
           tallage
           ,
           aide
           ,
           nor
           any
           like
           charge
           not
           set
           by
           Parliament
           .
        
         
           By
           reason
           of
           all
           which
           statutes
           ,
           especially
           of
           those
           of
           25.
           
             Edw.
          
           1.
           34.
           
             Edw.
          
           1.
           and
           14.
           
             Edw.
          
           3.
           being
           in
           the
           negative
           and
           in
           force
           ,
           I
           conceive
           that
           those
           Writs
           ,
           to
           lay
           such
           a
           charge
           ,
           is
           against
           the
           Law
           ,
           and
           so
           the
           assessement
           by
           colour
           thereof
           not
           lawfull
           .
        
         
           Now
           ,
           
           whereas
           the
           precedent
           Arguments
           have
           been
           ,
           that
           the
           Kingdome
           being
           in
           danger
           ,
           therefore
           these
           Writs
           went
           forth
           for
           the
           
           making
           of
           ships
           ,
           because
           there
           could
           not
           bee
           so
           suddenly
           any
           Parliament
           called
           :
           And
           the
           Parliament
           is
           a
           slow
           body
           ;
           and
           the
           Kingdome
           may
           be
           lost
           ,
           whilest
           there
           is
           consultation
           :
           And
           the
           danger
           is
           conceived
           to
           bee
           very
           great
           ,
           because
           the
           first
           Writ
           of
           4.
           
           
             Augusti
          
           so
           mentioneth
           ,
           that
           the
           Pirates
           provide
           a
           great
           Navie
           to
           infest
           the
           Kingdome
           ,
           and
           it
           is
           fit
           with
           speed
           to
           provide
           a
           remedy
           ;
           and
           that
           the
           Writ
           of
           
             mittimus
          
           mentioneth
           ,
           that
           
             Salus
             Reipublicae
             periclitabatur
          
           :
           And
           wee
           must
           beleeve
           these
           suggestions
           to
           bee
           true
           ;
           for
           the
           Kings
           Certificate
           by
           this
           Writ
           is
           ,
           
             Recordum
             superlativum
             ,
          
           as
           Master
           Sollicitor
           and
           my
           brother
           
             Berkley
          
           termed
           it
           ;
           and
           we
           must
           leave
           it
           upon
           the
           Kings
           conscience
           (
           if
           it
           be
           not
           true
           )
           to
           lay
           such
           a
           charge
           upon
           an
           untrue
           suggestion
           :
           and
           the
           Defendant
           also
           by
           his
           Demurrer
           hath
           confessed
           all
           the
           suggestions
           in
           the
           Writ
           to
           be
           true
           ;
           therefore
           it
           must
           bee
           conceived
           ,
           that
           the
           Kingdome
           was
           in
           great
           danger
           ,
           and
           present
           remedy
           must
           be
           had
           by
           making
           these
           ships
           ,
           and
           may
           be
           commanded
           by
           those
           Writs
           ,
           and
           not
           to
           stay
           for
           a
           Parliament
           :
           And
           my
           brother
           
             Crawley
          
           said
           ,
           It
           may
           bee
           ,
           that
           if
           a
           Parliament
           
           were
           called
           ,
           they
           will
           not
           yeeld
           to
           the
           going
           forth
           of
           such
           Writs
           ,
           although
           the
           Kingdome
           were
           never
           so
           much
           in
           danger
           :
           And
           this
           charge
           ,
           in
           respect
           of
           the
           making
           of
           defence
           ,
           is
           not
           within
           the
           intention
           of
           these
           statutes
           ;
           and
           if
           it
           had
           bin
           expresly
           mentioned
           within
           a
           statute
           ,
           that
           such
           a
           charge
           should
           not
           bee
           imposed
           ,
           it
           had
           been
           a
           void
           statute
           ,
           and
           contrary
           to
           the
           Law
           ,
           that
           the
           Kingdome
           should
           not
           bee
           defended
           .
        
         
           To
           all
           these
           I
           answer
           ,
           
           That
           the
           matter
           now
           in
           question
           is
           upon
           the
           Writ
           of
           4.
           
           
             Augusti
             ,
          
           whether
           that
           bee
           legall
           ,
           or
           not
           ;
           and
           the
           suggestions
           therein
           bee
           sufficient
           or
           not
           for
           the
           Writ
           of
           
             Mittimus
             ,
          
           mentioning
           ,
           that
           
             Salue
             Reipublicae
             periclitabatur
             ,
          
           at
           the
           day
           of
           issuing
           forth
           of
           the
           Writ
           of
           4.
           
           
             Augusti
          
           (
           which
           is
           a
           year
           and
           a
           halfe
           after
           the
           first
           Writ
           )
           doth
           not
           help
           it
           .
           And
           this
           is
           not
           notified
           to
           the
           Sheriffe
           and
           Inhabitants
           of
           the
           County
           ,
           to
           make
           them
           the
           more
           carefull
           ,
           and
           in
           the
           greater
           contempt
           ,
           if
           a
           ship
           were
           not
           provided
           :
           but
           it
           is
           onely
           a
           notification
           to
           the
           Barons
           of
           the
           Exchequer
           ,
           that
           the
           same
           was
           the
           reason
           why
           the
           same
           Writ
           issued
           forth
           .
        
         
         
           
           That
           the
           suggestions
           are
           not
           absolute
           ,
           that
           any
           such
           danger
           was
           ,
           or
           such
           Navie
           was
           prepared
           by
           the
           Pirates
           ,
           but
           onely
           mentioneth
           ,
           
             Quia
             datum
             est
             nobis
             intelligi
             ,
          
           that
           the
           Pirates
           had
           done
           such
           mischiefe
           ,
           &c.
           
        
         
           
           If
           such
           suggestions
           had
           been
           absolutely
           set
           downe
           ,
           yet
           wee
           are
           not
           alwaies
           bound
           absolutely
           to
           beleeve
           them
           ,
           because
           many
           times
           untrue
           suggestions
           are
           made
           in
           Writs
           and
           Patents
           ;
           and
           yet
           it
           doth
           not
           lye
           upon
           the
           Kings
           conscience
           ,
           neither
           doth
           the
           Law
           impute
           any
           fault
           to
           the
           King
           ,
           if
           any
           such
           be
           ;
           for
           the
           Law
           doth
           alwaies
           conceive
           honourably
           of
           the
           King
           ,
           that
           hee
           cannot
           ,
           nor
           will
           not
           signifie
           any
           untruth
           under
           his
           great
           Seale
           ;
           but
           is
           abused
           therein
           ,
           and
           the
           Law
           imputeth
           it
           to
           them
           that
           so
           mis-informed
           the
           King
           ,
           and
           thrust
           in
           such
           suggestions
           into
           the
           Writ
           :
           and
           therefore
           all
           Patents
           grounded
           upon
           untrue
           suggestions
           are
           accounted
           void
           .
        
         
           
           That
           the
           Demurrer
           confesseth
           nothing
           but
           that
           which
           is
           legally
           and
           well
           set
           downe
           ;
           but
           if
           it
           bee
           illegall
           ,
           the
           Demurrer
           confesseth
           it
           not
           ,
           but
           is
           well
           offered
           for
           that
           cause
           .
        
         
           
           If
           the
           Kingdome
           were
           in
           danger
           ,
           yet
           a
           
           charge
           must
           not
           bee
           laid
           in
           generall
           upon
           the
           Subjects
           ,
           without
           their
           consent
           in
           Parliament
           ;
           for
           either
           the
           danger
           is
           neere
           ,
           and
           then
           present
           provision
           must
           be
           made
           by
           mens
           persons
           ,
           and
           the
           present
           ships
           of
           the
           Kingdome
           ,
           which
           the
           King
           may
           command
           from
           all
           parts
           of
           his
           Kingdome
           ,
           as
           need
           shall
           require
           ;
           but
           cannot
           command
           money
           out
           of
           mens
           purses
           ,
           by
           distraining
           their
           goods
           ,
           or
           imprisoning
           their
           persons
           :
           But
           if
           the
           danger
           bee
           further
           off
           ,
           by
           reason
           of
           any
           forraine
           combinations
           (
           as
           it
           is
           conceived
           it
           may
           be
           here
           )
           then
           provision
           must
           bee
           made
           of
           ships
           by
           all
           the
           Kingdome
           for
           defence
           ;
           then
           (
           as
           
             Philip
             de
             Comines
          
           saith
           ,
           
             fol.
          
           179.
           )
           that
           cloud
           is
           seene
           afarre
           off
           ,
           before
           that
           the
           tempest
           fall
           ,
           especially
           by
           a
           forraine
           war
           ;
           and
           such
           invasions
           cannot
           fall
           so
           soone
           ,
           but
           that
           the
           King
           may
           call
           his
           Sages
           together
           ,
           and
           by
           consent
           make
           provision
           for
           such
           defence
           .
        
         
           So
           I
           say
           here
           ,
           if
           there
           be
           time
           to
           make
           ships
           ,
           or
           prepare
           ships
           at
           the
           charges
           of
           the
           Counties
           ;
           then
           is
           there
           time
           enough
           for
           his
           Majestie
           (
           if
           hee
           please
           )
           to
           call
           his
           Parliament
           ,
           to
           charge
           his
           Commons
           by
           consent
           in
           Parliament
           
           to
           have
           a
           subsidiary
           aide
           ,
           as
           alwaies
           hath
           been
           done
           in
           such
           cases
           ;
           and
           they
           are
           not
           so
           long
           coming
           or
           meeting
           ,
           when
           they
           come
           but
           to
           make
           provision
           for
           defence
           ,
           being
           for
           all
           their
           safeties
           .
        
         
           
           For
           it
           appeareth
           by
           
             Coke
             ,
             lib.
          
           9.
           
             fol.
          
           1.
           in
           his
           Epistle
           ,
           that
           King
           
             Alfred
          
           made
           a
           Law
           ,
           that
           the
           Parliament
           should
           be
           held
           twice
           every
           yeare
           ;
           and
           oftner
           ,
           if
           need
           require
           ,
           in
           time
           of
           peace
           :
           so
           that
           it
           was
           then
           conceived
           ,
           it
           was
           necessary
           to
           have
           Parliaments
           often
           to
           redresse
           inconveniences
           .
        
         
           
           Also
           by
           a
           statute
           made
           4.
           
             Edw.
          
           3.
           
             cap.
          
           14.
           
           It
           is
           enacted
           ,
           that
           a
           Parliament
           shall
           bee
           held
           once
           every
           yeare
           ,
           and
           oftner
           ,
           if
           need
           be
           :
           Also
           by
           a
           statute
           made
           36.
           
             Edw.
          
           3.
           
             cap.
          
           10.
           
           
           It
           is
           enacted
           ,
           for
           redresse
           of
           mischiefes
           and
           grievances
           that
           daily
           happen
           ,
           a
           Parliament
           shall
           bee
           holden
           every
           yeare
           ;
           as
           another
           time
           was
           ordained
           by
           a
           statute
           ,
           which
           I
           thinke
           referreth
           to
           4.
           
             Edw.
          
           3.
           
           
           Also
           it
           appeareth
           by
           the
           speed
           that
           was
           in
           the
           Parliament
           held
           in
           the
           third
           yeare
           of
           his
           Majesties
           raigne
           ,
           five
           Subsidies
           were
           granted
           ,
           two
           of
           them
           to
           bee
           paid
           within
           few
           daies
           after
           the
           Session
           of
           Parliament
           ended
           ;
           
           and
           therefore
           might
           (
           as
           this
           case
           is
           )
           beene
           ordered
           and
           provided
           for
           by
           Parliament
           ,
           within
           seven
           moneths
           ,
           as
           the
           time
           was
           betweene
           the
           Teste
           of
           the
           Writ
           ,
           and
           the
           time
           prefixed
           for
           ships
           to
           be
           prepared
           and
           sent
           .
        
         
           Where
           it
           is
           objected
           ,
           that
           the
           Parliament
           
           perhaps
           would
           not
           have
           consented
           ,
           and
           so
           the
           Kingdome
           might
           have
           been
           lost
           :
        
         
           It
           is
           answered
           ,
           That
           it
           is
           not
           to
           bee
           pre●umed
           ,
           that
           the
           Parliament
           would
           deny
           to
           doe
           that
           which
           is
           fit
           for
           the
           safety
           and
           defence
           of
           the
           Kingdome
           ,
           their
           owne
           estates
           and
           lives
           being
           in
           danger
           if
           the
           Kingdome
           were
           not
           sufficiently
           defended
           ;
           for
           it
           is
           a
           Rule
           ,
           
             Nihil
             iniqu●●m
             es●
             praesumendum
             in
             Leg●
          
           :
           so
           of
           the
           high
           Court
           of
           Parliament
           ,
           that
           they
           would
           not
           deny
           that
           which
           is
           fitting
           :
           But
           I
           confesse
           I
           doe
           thinke
           ,
           if
           it
           had
           beene
           moved
           in
           a
           Parliament
           ,
           they
           would
           never
           have
           consented
           to
           these
           Writs
           ,
           they
           never
           having
           been
           awarded
           before
           since
           the
           Conquest
           ;
           and
           if
           they
           had
           consented
           ,
           they
           would
           have
           taken
           a
           course
           how
           the
           same
           should
           have
           beene
           made
           with
           most
           conveniencie
           ,
           and
           not
           to
           leave
           it
           to
           
           the
           Sheriffe
           to
           taxe
           them
           when
           and
           how
           hee
           would
           .
        
         
           
           To
           that
           which
           hath
           beene
           said
           ,
           That
           this
           charge
           is
           not
           within
           the
           intention
           of
           the
           statutes
           ,
           and
           that
           a
           statute
           to
           prohibite
           such
           a
           charge
           for
           defence
           were
           void
           :
           I
           answer
           ,
           That
           it
           is
           true
           ,
           if
           a
           statute
           were
           that
           the
           King
           should
           not
           defend
           his
           Kingdome
           ,
           it
           were
           void
           ,
           being
           against
           Law
           and
           Reason
           ;
           but
           a
           statute
           that
           money
           shall
           not
           bee
           charged
           or
           levied
           ,
           nor
           that
           men
           shall
           be
           charged
           to
           make
           or
           prepare
           ships
           at
           their
           owne
           charges
           ,
           without
           common
           consent
           in
           Parliament
           ,
           I
           conceive
           it
           a
           good
           Law
           ,
           and
           agreeable
           to
           Law
           and
           Reason
           ;
           and
           the
           King
           may
           by
           Parliament
           restraine
           himselfe
           from
           laying
           such
           a
           charge
           but
           by
           consent
           :
           And
           then
           the
           King
           ,
           being
           a
           just
           and
           pious
           King
           as
           ever
           governed
           the
           Kingdome
           (
           which
           wee
           that
           serve
           in
           his
           Courts
           of
           Justice
           have
           daily
           experience
           of
           )
           would
           not
           assent
           unto
           ,
           or
           suffer
           any
           such
           charge
           (
           if
           he
           may
           be
           truly
           informed
           )
           that
           the
           imposing
           of
           this
           charge
           were
           against
           any
           one
           Law
           of
           his
           Kingdome
           ,
           as
           this
           is
           against
           so
           
           many
           ;
           but
           would
           say
           ,
           as
           it
           is
           said
           in
           the
           statute
           made
           in
           the
           25.
           
             Edw.
          
           3.
           
             de
             provisoribus
             ,
          
           reciting
           the
           statute
           of
           
             Carlyes
             ,
          
           made
           35.
           
             Edw.
          
           1.
           
           That
           the
           Pope
           should
           not
           bee
           permitted
           to
           present
           to
           Benefices
           ,
           That
           he
           was
           bound
           by
           his
           Oath
           to
           see
           that
           and
           other
           Lawes
           in
           force
           and
           not
           repealed
           ,
           to
           bee
           performed
           ,
           That
           hee
           would
           not
           suffer
           such
           charges
           to
           bee
           laid
           ,
           contrary
           to
           the
           Lawes
           and
           Statutes
           of
           his
           Realme
           ,
           and
           would
           doe
           as
           the
           late
           famous
           Queene
           
             Elisabeth
          
           did
           ,
           having
           required
           a
           charge
           upon
           divers
           her
           Subjects
           by
           particular
           letters
           from
           the
           Lords
           of
           her
           Councell
           of
           severall
           summes
           of
           money
           ,
           for
           present
           helpe
           towards
           her
           warres
           in
           Ireland
           ,
           
           hearing
           that
           one
           of
           her
           Judges
           being
           convented
           before
           her
           Lords
           for
           not
           payment
           of
           it
           ,
           thereby
           discouraging
           others
           to
           pay
           it
           ,
           answered
           ,
           that
           it
           was
           against
           the
           Law
           that
           the
           same
           should
           bee
           imposed
           ,
           there
           being
           an
           expresse
           statute
           against
           it
           ,
           which
           hee
           being
           a
           Judge
           ,
           was
           bound
           by
           his
           Oath
           to
           signifie
           ;
           he
           being
           ,
           as
           much
           as
           in
           him
           was
           to
           be
           ,
           a
           conservatour
           of
           the
           Queenes
           Oath
           in
           that
           behalfe
           :
           The
           Queene
           ,
           I
           say
           ,
           was
           very
           angry
           ,
           that
           such
           an
           imposition
           had
           beene
           made
           against
           
           Law
           ,
           and
           commanded
           ,
           that
           it
           should
           bee
           stopped
           from
           further
           gathering
           ,
           and
           to
           some
           that
           had
           paid
           their
           monies
           ,
           the
           same
           were
           restored
           :
           and
           therefore
           the
           principall
           and
           onely
           fault
           in
           the
           charging
           of
           his
           Subjects
           by
           these
           Writs
           (
           if
           they
           bee
           unlawfull
           ,
           as
           I
           conceive
           they
           are
           )
           is
           in
           those
           that
           devised
           them
           ,
           and
           informed
           him
           that
           they
           were
           lawfull
           ,
           and
           such
           as
           his
           Progenitours
           had
           from
           time
           to
           time
           used
           to
           send
           out
           ;
           and
           in
           his
           Judges
           ,
           who
           have
           affirmed
           it
           to
           bee
           lawfull
           :
           Therefore
           upon
           this
           point
           I
           conclude
           ,
           That
           this
           charge
           by
           this
           Writ
           is
           illegall
           ,
           and
           is
           no
           sufficient
           cause
           to
           charge
           the
           Defendant
           .
        
         
           
           Where
           it
           hath
           been
           much
           urged
           and
           argued
           by
           Master
           Sollicitor
           and
           Master
           Attorney
           ,
           that
           this
           Writ
           is
           warranted
           by
           the
           Kings
           Prerogative
           and
           power
           Royall
           ,
           to
           send
           forth
           such
           Wri●s
           for
           defence
           and
           safety
           of
           the
           Kingdome
           in
           time
           of
           danger
           ;
        
         
           
           To
           this
           I
           answer
           ,
           That
           I
           doe
           not
           conceive
           ,
           that
           there
           is
           any
           such
           Prerogative
           ;
           for
           if
           it
           were
           a
           Prerogative
           ,
           I
           should
           not
           offer
           to
           speake
           against
           it
           :
           for
           it
           is
           part
           of
           our
           Oathes
           that
           are
           Judges
           ,
           to
           maintaine
           the
           Kings
           Prerogative
           
           to
           the
           best
           of
           our
           skills
           ,
           and
           not
           to
           suffer
           the
           same
           to
           be
           diminished
           ;
           but
           if
           it
           bee
           (
           as
           I
           have
           argued
           it
           is
           )
           against
           the
           Common
           Law
           ,
           and
           against
           so
           many
           Statutes
           ,
           that
           the
           Subjects
           should
           be
           inforced
           to
           sustaine
           ,
           or
           to
           contribute
           to
           any
           charge
           ,
           without
           their
           especiall
           assent
           ,
           and
           common
           assent
           in
           Parliament
           ,
           then
           there
           is
           no
           such
           Prerogative
           :
           For
           whatsoever
           is
           done
           to
           the
           hurt
           or
           wrong
           of
           the
           Subjects
           ,
           and
           against
           the
           Lawes
           of
           the
           Land
           ,
           the
           Law
           imputeth
           that
           Honour
           and
           Justice
           to
           the
           King
           (
           whose
           Throne
           is
           established
           by
           Justice
           )
           that
           it
           is
           not
           done
           by
           the
           King
           ,
           but
           it
           is
           done
           by
           some
           untrue
           and
           unjust
           Informations
           ;
           and
           therefore
           void
           ,
           and
           not
           done
           by
           Prerogative
           .
        
         
           This
           appeareth
           by
           the
           authorities
           of
           our
           Bookes
           ;
           
           for
           
             Bracton
             ,
          
           who
           is
           an
           ancient
           Writer
           in
           our
           Law
           ,
           saith
           ,
           
             Nihil
             aliud
             potest
             Rex
             in
             terris
             ,
             cum
             sit
             minister
             Dei
             ,
             &
             ejus
             Vicarius
             ,
             quàm
             de
             jure
             potest
          
           :
           And
           there
           a
           little
           after
           ,
           
             Itaque
             potestas
             sua
             juris
             est
             ,
             &
             non
             injuriae
             ;
             cum
             sit
             author
             juris
             ,
             non
             debet
             inde
             injuriarum
             nasci
             occasio
             unde
             jura
             nascuntur
             .
          
           Sir
           
             Edward
             Coke
          
           in
           the
           eleventh
           booke
           of
           his
           Reports
           ,
           in
           the
           Case
           of
           Magdalen
           
           Colledge
           ,
           where
           the
           question
           was
           ,
           Whether
           Queene
           
             Elisabeth
             ,
          
           having
           taken
           a
           long
           Lease
           of
           a
           Colledge
           ,
           being
           conceived
           to
           bee
           against
           the
           statute
           of
           13.
           
             Elis.
          
           was
           sought
           to
           be
           maintained
           by
           her
           Prerogative
           ;
           but
           resolved
           it
           could
           not
           ,
           being
           against
           a
           statute
           ,
           by
           which
           she
           was
           bound
           ,
           although
           not
           named
           ;
           and
           there
           
             fol.
          
           72.
           it
           is
           said
           ,
           
             Hoc
             solum
             Rex
             non
             potest
             facere
             ,
             quod
             non
             potest
             justè
             agere
             .
          
        
         
           
           
             Plowdens
          
           Comment.
           
             fol.
          
           246.
           
           
             &
          
           247.
           in
           the
           Lord
           
             Berkley's
          
           Case
           it
           is
           said
           ,
           that
           the
           Prerogative
           of
           the
           King
           cannot
           doe
           wrong
           ,
           and
           his
           Prerogative
           cannot
           be
           any
           warrant
           to
           do
           any
           wrong
           to
           any
           .
        
         
           
           
             Plowdens
          
           Comment.
           
             fol.
          
           487.
           in
           
             Nichols
          
           Case
           ,
           it
           is
           said
           by
           Justice
           
             Harper
             ,
          
           Although
           the
           cōmon
           law
           doth
           allow
           many
           prerogatives
           to
           the
           King
           ,
           yet
           it
           doth
           not
           allow
           any
           that
           hee
           shall
           wrong
           or
           hurt
           any
           by
           his
           Prerogative
           .
        
         
           
           21.
           
             Edw.
          
           3.
           
             fol.
          
           47.
           in
           the
           Earle
           of
           Kents
           Case
           it
           is
           said
           ,
           That
           if
           the
           King
           under
           his
           great
           Seale
           doe
           make
           any
           grant
           to
           the
           hurt
           of
           any
           other
           ,
           hee
           shall
           repeale
           and
           avoid
           it
           
             Iure
             Regio
          
           ;
           for
           the
           King
           is
           accounted
           to
           be
           abused
           by
           untrue
           suggestions
           ,
           when
           hee
           is
           drawne
           
           to
           doe
           any
           wrong
           to
           the
           hurt
           of
           any
           other
           ,
           much
           more
           ,
           I
           say
           ,
           when
           he
           is
           drawn
           to
           do
           any
           thing
           to
           the
           hurt
           of
           his
           Subjects
           in
           generall
           .
        
         
           Sir
           
             Edward
             Coke
             ,
          
           
           
             lib.
          
           11.
           
             fol.
          
           86.
           in
           
             Darcies
          
           Case
           it
           is
           said
           ,
           That
           every
           grant
           of
           the
           King
           hath
           this
           condition
           unto
           it
           ,
           
             Tacitè
          
           or
           
             expressè
             :
             Ita
             quòd
             Patria
             per
             donationem
             illam
             magis
             solito
             non
             oneretur
             seu
             gravetur
             .
          
        
         
           The
           Booke
           called
           
             Doctor
          
           and
           
             Student
             ,
          
           
           
             fol.
          
           8.
           setting
           downe
           ,
           that
           the
           Law
           doth
           vest
           the
           absolute
           property
           of
           every
           mans
           goods
           in
           himselfe
           ,
           and
           that
           they
           cannot
           be
           taken
           from
           him
           ,
           but
           by
           his
           consent
           ,
           saith
           ,
           That
           is
           the
           reason
           ,
           if
           they
           be
           taken
           from
           him
           ,
           the
           party
           shall
           answer
           the
           full
           value
           thereof
           in
           dammages
           :
           And
           sure
           I
           conceive
           ,
           that
           the
           party
           that
           doth
           this
           wrong
           to
           another
           ,
           shall
           ,
           besides
           the
           dammages
           to
           the
           party
           ,
           bee
           imprisoned
           ,
           and
           pay
           a
           fine
           to
           the
           King
           ,
           which
           in
           the
           Kings
           Bench
           is
           the
           tenth
           part
           of
           as
           much
           as
           hee
           payeth
           to
           the
           party
           :
           So
           then
           ,
           if
           the
           King
           will
           punish
           the
           wrong
           of
           taking
           of
           goods
           without
           consent
           betweene
           party
           and
           party
           ,
           much
           more
           will
           hee
           not
           by
           any
           Prerogative
           take
           away
           
           any
           mans
           goods
           without
           his
           assent
           ,
           particular
           or
           generall
           .
        
         
           So
           I
           conclude
           ,
           that
           I
           conceive
           there
           is
           not
           any
           such
           Prerogative
           ,
           to
           award
           such
           Writs
           ,
           to
           command
           men
           to
           sustaine
           such
           charge
           ,
           or
           to
           be
           contributory
           to
           it
           ,
           and
           to
           bee
           distrained
           or
           imprisoned
           for
           not
           payment
           thereof
           .
        
         
           Also
           I
           conceive
           ,
           that
           this
           is
           not
           an
           Act
           of
           Royall
           power
           ;
           for
           if
           it
           bee
           illegall
           to
           impose
           such
           a
           charge
           ,
           then
           is
           it
           not
           accounted
           as
           a
           matter
           of
           Royall
           power
           ,
           but
           as
           a
           matter
           done
           upon
           an
           untrue
           suggestion
           ,
           and
           a
           matter
           of
           wrong
           done
           ;
           and
           wrong
           is
           not
           imputed
           to
           the
           King
           ,
           for
           hee
           can
           doe
           no
           wrong
           ,
           but
           it
           is
           imputed
           unto
           them
           who
           advised
           him
           to
           this
           course
           .
        
         
           Royall
           power
           ,
           I
           account
           ,
           is
           to
           bee
           used
           in
           cases
           of
           necessity
           and
           imminent
           danger
           ,
           when
           ordinary
           courses
           will
           not
           availe
           ;
           for
           it
           is
           a
           Rule
           ,
           
             Non
             recurrendum
             est
             ad
             extraordinaria
             ,
             quando
             fieri
             potest
             per
             ordinaria
          
           ;
           as
           in
           cases
           of
           Rebellion
           ,
           sudden
           Invasion
           ,
           and
           in
           some
           other
           case
           ,
           where
           Martiall
           Law
           may
           bee
           used
           ,
           and
           may
           not
           stay
           for
           legall
           proceedings
           ;
           but
           
           in
           a
           time
           of
           peace
           and
           no
           extreme
           necessity
           legall
           courses
           must
           bee
           used
           ,
           and
           not
           Royall
           power
           .
        
         
           Therefore
           ,
           where
           by
           the
           Statute
           of
           31.
           
             H.
          
           8.
           
           
             cap.
          
           8.
           which
           was
           made
           upon
           suppression
           of
           Abbies
           ,
           when
           Rebellions
           were
           begun
           to
           bee
           stirred
           ,
           it
           is
           recited
           ,
           That
           sudden
           occasions
           happen
           which
           doe
           require
           speedy
           remedies
           ,
           and
           for
           lacke
           of
           a
           Statute
           the
           King
           was
           inforced
           to
           use
           Royall
           power
           ;
           It
           was
           enacted
           for
           the
           reasons
           therein
           mentioned
           ,
           That
           the
           King
           ,
           by
           the
           advice
           of
           his
           Councell
           therein
           named
           ,
           two
           Bishops
           ,
           two
           chiefe
           Justices
           ,
           and
           divers
           others
           ,
           and
           the
           more
           part
           of
           them
           ,
           by
           his
           Proclamation
           might
           make
           ordinances
           for
           punishment
           of
           offences
           ,
           and
           lay
           penalties●
           which
           should
           have
           the
           force
           of
           a
           Law
           (
           with
           a
           Proviso
           ,
           that
           thereby
           no
           mans
           life
           ,
           lands
           ,
           or
           goods
           should
           bee
           touched
           or
           impeached
           )
           so
           that
           therein
           Royall
           power
           was
           fortified
           by
           a
           Statute
           ;
           yet
           that
           Statute
           tooke
           care
           ,
           that
           no
           mans
           lands
           or
           goods
           should
           be
           taken
           or
           prejudiced
           :
           but
           yet
           that
           Statute
           was
           thought
           inconvenient
           ,
           and
           therefore
           by
           a
           Statute
           of
           1.
           
             E.
          
           6.
           
           the
           same
           was
           repealed
           .
        
         
         
           
           
             Bracton
             ,
             lib.
          
           2.
           
             cap.
          
           24.
           
             fol.
          
           55.
           and
           the
           same
           is
           cited
           in
           
             Coke
             ,
          
           
           
             lib.
          
           7.
           
             fol.
          
           11.
           in
           
             Calvins
          
           Case
           ,
           
             Regis
             Corona
             est
             facere
             justitiam
             &
             judicium
             ,
             &
             tenere
             pacem
             ,
             sine
             quibu●
             Corona
             consistere
             non
             potest
             ,
             nec
             teneri
             .
          
        
         
           
           
             Coke
             ,
             lib.
          
           7.
           
             fol.
          
           5.
           in
           
             Calvins
          
           Case
           ,
           cited
           out
           of
           
             Fortescue
             ,
             Rex
             ad
             tutelam
             Legis
             ,
             corporum
             ,
             &
             bonorum
             erectus
             est
             ;
          
           which
           being
           so
           ,
           hee
           cannot
           take
           any
           mans
           goods
           ,
           or
           charge
           them
           without
           his
           assent
           ,
           by
           any
           Prerogative
           or
           power
           Royall
           .
        
         
           Also
           there
           can
           be
           no
           such
           necessity
           or
           danger
           conceived
           ,
           that
           may
           cause
           these
           Writs
           to
           bee
           awarded
           to
           all
           Counties
           of
           England
           ,
           to
           prepare
           ships
           at
           such
           charge
           ,
           and
           with
           such
           men
           and
           munition
           ,
           without
           consent
           in
           Parliament
           .
        
         
           For
           the
           Lawes
           have
           provided
           meanes
           for
           defence
           in
           time
           of
           danger
           without
           taking
           this
           course
           ,
           for
           that
           the
           King
           hath
           power
           to
           command
           all
           ,
           or
           any
           persons
           of
           his
           Kingdome
           ,
           to
           attend
           with
           Armes
           at
           the
           Sea
           coasts
           ,
           or
           any
           other
           parts
           of
           the
           Kingdome
           ;
           and
           also
           by
           his
           officers
           to
           make
           stay
           or
           arrest
           all
           or
           any
           the
           ships
           of
           Merchants
           ,
           and
           others
           having
           
           ships
           ,
           or
           as
           many
           as
           hee
           pleaseth
           ,
           to
           goe
           with
           his
           Navie
           to
           any
           parts
           of
           his
           Kingdome
           for
           defence
           thereof
           ,
           and
           to
           attend
           those
           to
           whom
           he
           appointed
           the
           guard
           of
           the
           Seas
           or
           Sea
           coasts
           ,
           at
           such
           times
           and
           places
           as
           they
           should
           appoint
           :
           and
           this
           hath
           been
           alwaies
           taken
           and
           conceived
           to
           bee
           sufficient
           for
           defence
           against
           any
           Prince
           whatsoever
           ;
           and
           yet
           the
           same
           was
           in
           times
           when
           the
           Navie
           of
           England
           was
           not
           so
           strong
           ,
           as
           now
           by
           the
           blessing
           of
           God
           ,
           and
           good
           providence
           of
           his
           Majesty
           it
           is
           :
           That
           this
           course
           was
           then
           so
           taken
           ,
           it
           appeareth
           by
           divers
           Records
           ,
           
             viz.
             
          
        
         
           23.
           
             Ed.
          
           1.
           
             m.
          
           4.
           
           
           The
           Record
           reciteth
           ,
           that
           the
           French
           King
           had
           prepared
           a
           great
           Navie
           upon
           the
           Sea
           ,
           and
           purposed
           to
           invade
           the
           Kingdome
           ,
           
             Et
             linguam
             Anglicanam
             de
             terra
             delere
          
           ;
           and
           thereupon
           the
           King
           commanded
           all
           his
           ships
           and
           men
           with
           Armes
           to
           be
           in
           a
           readinesse
           to
           defend
           the
           Kingdome
           .
        
         
           
             Scot.
          
           10.
           
             Edw.
          
           3.
           
             m.
          
           16.
           
           reciteth
           ,
           that
           certaine
           Gallies
           in
           the
           parts
           beyond
           the
           Seas
           were
           prepared
           with
           provision
           of
           men
           and
           armes
           ,
           and
           other
           necessaries
           of
           warre
           ,
           and
           ready
           to
           invade
           the
           Land
           ;
           command
           was
           ,
           that
           divers
           
           ships
           should
           be
           in
           a
           readinesse
           to
           defend
           ,
           and
           the
           ships
           of
           the
           Ports
           of
           Ireland
           to
           bee
           sent
           to
           England
           to
           help
           to
           defend
           the
           Kingdome
           .
        
         
           
           
             Scot.
          
           10.
           
             Edw.
          
           3.
           
             m.
          
           22.
           
           A
           Writ
           was
           to
           the
           Bayliffe
           of
           Southwales
           ,
           reciting
           ,
           that
           the
           Scots
           and
           divers
           others
           confederating
           together
           ,
           prepare
           themselves
           to
           armes
           and
           ships
           in
           a
           great
           number
           ,
           and
           intend
           to
           invade
           the
           Kingdome
           ;
           command
           to
           them
           was
           ,
           to
           have
           one
           ship
           ready
           upon
           the
           Sea
           to
           defend
           their
           coasts
           .
        
         
           
           
             Alman
             .
          
           12.
           
             Edw.
          
           3.
           
             m.
          
           10.
           
           A
           Writ
           to
           the
           Maior
           of
           London
           ,
           
             Quia
             hostes
             nostri
             in
             Galleis
             ,
             cum
             multitudine
             non
             modica
             congregati
             ,
             in
             diversis
             partibus
             regni
             hostiliter
             ingressi
             sunt
             ,
             &
             civitatem
             praedict
             '
             celeriter
             si
             possunt
             invadere
             proponunt
             ,
          
           the
           King
           commandeth
           them
           to
           shut
           up
           the
           City
           towards
           the
           water
           ,
           and
           to
           put
           all
           their
           men
           in
           Armes
           ready
           to
           defend
           ,
           &c.
           
        
         
           
           
             Alman
             .
          
           12.
           
             Edw.
          
           3.
           
             m.
          
           13.
           
           A
           Writ
           to
           the
           Bailiffes
           of
           great
           Yarmouth
           ,
           
             Quia
             pro
             certo
             didicimus
             ,
             quòd
             hostes
             nostri
             Franciae
             ,
             &
             adhaerentes
             eisdem
             ,
             Gallias
             &
             Naves
             guerrin●s
             in
             copiosa
             multitudine
             in
             partibus
             exteris
             congregarunt
             ,
             &
             eis
             hominibus
             ad
             arma
             ,
             &
             alia
             arma
             parare
             faciunt
             ,
             &
             proponunt
             se
             movere
             versus
             regnum
             nostrum
             ,
             &
             navigium
             regni
             nostri
             ,
             
             &
             portus
             prope
             mare
             scituat
             '
             pro
             viribus
             destruere
             ,
             &
             idem
             regnum
             invadere
             ,
             &c.
          
           command
           to
           the
           said
           Towne
           to
           prepare
           foure
           ships
           ,
           with
           two
           hundred
           and
           forty
           men
           ,
           &c.
           
           At
           the
           same
           time
           like
           Writs
           went
           out
           to
           twenty
           other
           Towns
           upon
           the
           Sea
           coasts
           .
        
         
           
             Franc.
          
           26.
           
             Edw.
          
           3.
           
             m.
          
           5.
           
           
           A
           Writ
           to
           the
           Earle
           of
           Hunt.
           and
           others
           ,
           
             Quia
             adversarii
             nostri
             Franciae
             ,
             Nos
             &
             Regnum
             nostrum
             invadere
             machinantes
             ,
             magnum
             navigium
             parari
             fecer
             '
             &
             armari
             ,
             nedum
             ad
             Regnum
             nostrum
             Angliae
             subitò
             attrahend
             '
             ,
             ad
             nos
             &
             domin
             '
             nostr'
             ,
             &
             totam
             nationem
             Anglicanam
             pro
             viribus
             subvertend
             '
             ,
             &c.
          
           commanding
           them
           to
           guard
           all
           the
           coasts
           of
           Kent
           ,
           and
           to
           array
           all
           able
           men
           with
           armes
           to
           bee
           ready
           to
           defend
           the
           Sea
           coasts
           .
        
         
           5.
           
           
             Henr.
          
           4.
           
             m.
          
           28.
           
           
           A
           Commission
           is
           to
           
             Thomas
             Morley
          
           and
           others
           ,
           
             Quòd
             cum
             inimici
             nostri
             Franciae
             ,
             Britan.
             
             Scotiae
             ,
             &
             alii
             sibi
             adhaerentes
             ,
             inter
             se
             obligat
             magna
             potentia
             armat
             '
             super
             mare
             in
             aestate
             proxim
             '
             futur
             '
             ordinaverunt
             ,
             &
             intendunt
             Regnum
             nostrum
             Angliae
             invadere
             ,
             &c.
          
           commanding
           them
           to
           array
           men
           with
           armes
           to
           defend
           ,
           &c.
           
        
         
           4
           
             Henr.
          
           8.
           
             pars
          
           2.
           
           the
           King
           by
           Proclamation
           
           into
           the
           County
           of
           Kent
           sheweth
           ,
           that
           it
           is
           come
           to
           his
           knowledge
           of
           certaine
           ,
           that
           his
           ancient
           enemy
           the
           French
           King
           hath
           prepared
           and
           put
           in
           readinesse
           a
           great
           and
           strong
           Navie
           furnished
           with
           men
           of
           warre
           ,
           to
           invade
           the
           Kingdome
           of
           England
           ,
           the
           King
           appointed
           the
           Lord
           of
           Alburgeny
           and
           others
           to
           put
           men
           in
           array
           ,
           and
           to
           bee
           ready
           to
           defend
           that
           County
           .
        
         
           
             Anno
          
           1588.
           when
           the
           great
           invasion
           was
           by
           the
           Navie
           termed
           the
           Invincible
           Navie
           ,
           which
           was
           fore-seene
           long
           before
           ,
           this
           course
           of
           preparing
           ships
           by
           every
           County
           of
           the
           Kingdome
           was
           not
           taken
           or
           appointed
           ;
           yet
           in
           all
           these
           times
           ,
           when
           there
           appeared
           such
           danger
           of
           invasions
           ,
           there
           never
           went
           any
           such
           Writs
           into
           any
           the
           Counties
           of
           England
           to
           provide
           ships
           ,
           but
           the
           Navie
           of
           England
           ,
           and
           the
           Army
           of
           England
           was
           alwaies
           accounted
           sufficient
           for
           the
           defence
           of
           the
           Kingdome
           :
           So
           I
           conclude
           this
           point
           ,
           that
           I
           conceive
           this
           course
           cannot
           bee
           taken
           by
           any
           Prerogative
           or
           Royall
           power
           ,
           nor
           any
           allegation
           of
           necessity
           or
           danger
           .
        
         
           
           For
           the
           fourth
           point
           ,
           I
           conceive
           ,
           that
           if
           it
           
           were
           legall
           to
           lay
           such
           a
           charge
           upon
           maritine
           parts
           ,
           yet
           to
           charge
           any
           Inland
           County
           with
           making
           of
           ships
           ,
           and
           furnishing
           them
           with
           Masters
           ,
           Mariners
           ,
           and
           Souldiers
           at
           their
           charge
           ,
           which
           are
           farre
           remote
           from
           the
           Seas
           ,
           is
           not
           legall
           ,
           nor
           warranted
           by
           any
           former
           President
           ;
           for
           it
           commandeth
           an
           unreasonable
           and
           impossible
           thing
           :
           and
           then
           the
           Writ
           commanding
           such
           a
           thing
           as
           is
           unreasonable
           and
           not
           possible
           for
           the
           parties
           commanded
           of
           themselves
           to
           performe
           ,
           without
           help
           of
           other
           Counties
           ,
           is
           alwaies
           illegall
           ;
           for
           it
           is
           a
           Rule
           ,
           That
           
             Lex
             non
             cogit
             ad
             impossibilia
          
           ;
           therefore
           if
           one
           by
           Covenant
           bind
           himselfe
           to
           doe
           a
           thing
           impossible
           ,
           the
           Covenant
           is
           void
           .
           This
           appears
           by
           the
           Book
           case
           in
           40.
           
             Ed.
          
           3.
           
             fo.
          
           6.
           where
           the
           Case
           is
           expresly
           ,
           That
           if
           a
           man
           do
           covenant
           to
           doe
           a
           thing
           that
           is
           impossible
           ,
           the
           Covenant
           is
           void
           ,
           and
           the
           deed
           is
           void
           in
           that
           respect
           :
           Also
           the
           Book
           in
           2.
           
             Ed.
          
           4.
           
             fol.
          
           2.
           
           If
           a
           feoffment
           bee
           made
           upon
           condition
           to
           bee
           void
           if
           the
           feoffee
           do
           not
           a
           thing
           which
           is
           impossible
           ,
           this
           feoffment
           is
           good
           and
           the
           condition
           void
           ,
           for
           it
           was
           the
           fault
           of
           the
           feoffor
           to
           annexe
           such
           a
           condition
           ;
           &
           this
           appeareth
           by
           the
           
           case
           of
           an
           Arbitrement
           ,
           If
           the
           Arbitrator
           award
           that
           one
           shall
           enter
           into
           bond
           with
           such
           a
           one
           as
           his
           surety
           to
           pay
           a
           summe
           of
           money
           ,
           or
           to
           doe
           any
           other
           act
           ,
           it
           is
           void
           as
           to
           the
           finding
           of
           a
           surety
           at
           the
           least
           ;
           for
           it
           is
           not
           in
           his
           power
           to
           compell
           him
           to
           bee
           his
           surety
           ,
           therefore
           the
           Law
           accounteth
           it
           unreasonable
           ,
           and
           so
           void
           ;
           and
           this
           appeareth
           by
           the
           Booke
           Case
           ,
           17.
           
             Ed.
          
           4.
           
             fol.
          
           5.
           wherein
           it
           is
           so
           resolved
           .
        
         
           So
           this
           Writ
           commanding
           the
           Sheriffe
           and
           Inhabitants
           of
           an
           Inland
           County
           to
           find
           a
           ship
           furnished
           with
           Masters
           and
           Mariners
           ,
           whereas
           there
           is
           not
           any
           Shipwright
           that
           hath
           skill
           to
           make
           ships
           ,
           nor
           any
           Masters
           or
           Mariners
           ever
           there
           inhabiting
           to
           guide
           a
           ship
           ;
           (
           for
           they
           are
           still
           conversant
           about
           matters
           of
           the
           Plough
           ,
           and
           feeding
           Cattell
           ,
           and
           Husbandry
           ,
           and
           are
           trained
           up
           by
           musters
           for
           skill
           of
           Armes
           to
           defend
           the
           Countries
           ,
           and
           not
           with
           Sea
           affaires
           ;
           for
           most
           of
           the
           County
           never
           saw
           a
           ship
           ,
           nor
           know
           what
           belongeth
           to
           Masters
           or
           Mariners
           of
           ships
           ;
           and
           the
           Country
           is
           not
           bound
           to
           seeke
           men
           out
           of
           the
           County
           for
           such
           men
           ,
           and
           perhaps
           
           if
           they
           should
           ,
           they
           cannot
           know
           where
           to
           hire
           them
           :
           )
           Therefore
           when
           such
           Writs
           to
           Inland
           Counties
           have
           been
           awarded
           to
           find
           a
           ship
           with
           Masters
           and
           Mariners
           ,
           it
           being
           conceived
           by
           mis-information
           that
           they
           were
           maritine
           Townes
           ,
           and
           had
           Ships
           and
           Mariners
           dwelling
           with
           them
           ,
           the
           truth
           thereof
           being
           made
           to
           appeare
           to
           the
           contrary
           ,
           they
           have
           been
           discharged
           ,
           as
           appeares
           by
           a
           Record
           in
           13.
           
             Edw.
          
           3.
           
             pars
          
           2.
           
             m.
          
           14.
           where
           a
           Writ
           went
           to
           the
           Admirall
           of
           the
           Fleet
           ,
           Those
           parts
           upon
           complaint
           to
           the
           King
           ,
           by
           the
           men
           of
           Bodmin
           in
           the
           County
           of
           Cornwall
           ,
           that
           they
           were
           unjustly
           charged
           to
           find
           a
           ship
           with
           Masters
           and
           Mariners
           ,
           whereas
           that
           Towne
           was
           no
           Port
           Towne
           ,
           nor
           adjoyning
           to
           the
           Sea
           ,
           but
           farre
           within
           the
           Land
           ,
           nor
           ever
           had
           ships
           lying
           there
           ,
           nor
           Mariners
           ,
           nor
           Sea-men
           ,
           nor
           ever
           used
           to
           find
           any
           such
           for
           Sea
           service
           ;
           and
           that
           their
           Maior
           and
           Officers
           were
           imprisoned
           for
           not
           finding
           such
           a
           ship
           ;
           Thereupon
           the
           King
           appointed
           to
           have
           it
           enquired
           ,
           whether
           their
           allegations
           were
           true
           ,
           and
           if
           it
           were
           true
           ,
           signified
           that
           hee
           would
           not
           have
           them
           so
           unjustly
           charged
           ,
           but
           that
           they
           
           should
           bee
           discharged
           thereof
           :
           which
           sheweth
           ,
           that
           it
           was
           then
           accounted
           unjust
           to
           lay
           such
           a
           charge
           upon
           a
           Towne
           that
           was
           an
           Inland
           Town
           ,
           and
           had
           no
           Mariners
           inhabiting
           in
           it
           ,
           much
           more
           when
           such
           a
           charge
           is
           upon
           an
           Inland
           County
           ,
           which
           is
           much
           further
           remote
           from
           the
           Sea
           ,
           and
           cannot
           performe
           by
           themselves
           that
           which
           the
           Writ
           commandeth
           .
        
         
           
           But
           this
           Record
           being
           objected
           by
           the
           Defendants
           Councell
           ,
           Master
           Sollicitor
           gave
           answer
           ,
           that
           the
           same
           was
           because
           the
           Admirall
           of
           his
           owne
           authority
           had
           charged
           them
           ,
           which
           was
           not
           according
           to
           his
           Commission
           ,
           for
           he
           was
           onely
           to
           charge
           the
           Ports
           and
           Sea
           Townes
           ;
           but
           that
           the
           same
           may
           not
           bee
           done
           by
           the
           Kings
           Writ
           ,
           the
           Record
           doth
           not
           prove
           .
        
         
           
           But
           to
           this
           I
           answer
           ,
           That
           I
           conceive
           it
           is
           all
           one
           when
           such
           a
           charge
           is
           laid
           upon
           a
           Towne
           by
           Writ
           ,
           which
           is
           an
           Inland
           Town
           ;
           for
           so
           it
           appeareth
           by
           another
           Record
           of
           the
           same
           yeare
           ,
           
             viz.
          
           13.
           
             Edw.
          
           3.
           
             pars
          
           1.
           
             m.
          
           14.
           where
           a
           Writ
           was
           directed
           to
           the
           Admirall
           of
           the
           Fleet
           ,
           
             Ab
             ore
             Thamesiae
             versus
             partes
             Occidentales
             ,
          
           
           reciting
           where
           the
           King
           by
           his
           Writ
           to
           the
           Towne
           of
           Chichester
           had
           commanded
           the
           Maior
           and
           Comminalty
           there
           ,
           that
           they
           should
           make
           
             unam
             Navem
             ,
             &
             duos
             Escularios
             de
             guerra
             parari
             ,
          
           with
           Mariners
           and
           men
           at
           armes
           to
           bee
           at
           Portsmouth
           such
           a
           day
           ,
           to
           goe
           with
           the
           Kings
           ships
           ;
           and
           that
           they
           had
           complained
           that
           they
           had
           not
           ,
           nor
           ever
           had
           any
           ships
           arriving
           in
           that
           Towne
           ,
           nor
           had
           any
           Sea-men
           or
           Mariners
           dwelling
           there
           ;
           and
           that
           it
           appeared
           unto
           the
           King
           by
           Inquisition
           of
           a
           Jury
           returned
           into
           his
           Chancery
           ,
           this
           allegation
           to
           bee
           true
           ;
           therefore
           because
           the
           King
           would
           not
           have
           them
           
             indebitè
             praegravari
          
           (
           for
           so
           bee
           the
           words
           of
           the
           Record
           )
           the
           King
           commandeth
           the
           Admirall
           ,
           that
           they
           shall
           not
           be
           troubled
           nor
           distrained
           for
           not
           performance
           of
           such
           service
           ;
           whereby
           it
           appeareth
           ,
           that
           if
           they
           ,
           being
           within
           few
           miles
           of
           the
           Sea
           ,
           should
           not
           bee
           charged
           to
           find
           such
           a
           ship
           ,
           much
           more
           Inland
           Counties
           ,
           which
           are
           much
           further
           remote
           from
           the
           Seas
           ,
           are
           not
           justly
           to
           bee
           charged
           with
           finding
           any
           Ships
           and
           Mariners
           :
           Therefore
           I
           conclude
           this
           point
           ,
           That
           I
           conceive
           this
           Writ
           ,
           in
           that
           respect
           ,
           
           is
           not
           legall
           not
           warranted
           by
           any
           former
           President
           .
        
         
           The
           fifth
           and
           great
           point
           hath
           beene
           (
           and
           indeed
           the
           chiefe
           Argument
           hath
           been
           a
           multitude
           of
           Records
           and
           Presidents
           which
           have
           been
           cited
           ,
           that
           should
           warrant
           these
           Writs
           ,
           and
           )
           that
           the
           King
           hath
           done
           nothing
           ,
           but
           what
           his
           former
           Progenitors
           have
           done
           ,
           and
           have
           lawfully
           done
           ;
           and
           that
           hee
           doth
           now
           but
           
             more
             Majorum
             ,
          
           and
           that
           which
           alwaies
           in
           ancient
           times
           hath
           beene
           done
           and
           allowed
           :
           and
           therefore
           ought
           now
           to
           be
           allowed
           .
        
         
           I
           confesse
           this
           allegation
           much
           troubled
           mee
           ,
           when
           I
           heard
           those
           Records
           cited
           ,
           and
           so
           learnedly
           and
           earnestly
           pressed
           by
           Master
           Sollicitor
           ,
           and
           after
           by
           Master
           Atturney
           ,
           to
           bee
           so
           cleare
           ,
           that
           they
           might
           not
           bee
           gain-said
           ,
           but
           that
           they
           proved
           a
           cleare
           Prerogative
           ,
           or
           at
           least
           a
           Royall
           power
           ,
           that
           the
           King
           might
           do
           so
           ,
           especially
           when
           my
           brother
           
             Weston
          
           and
           my
           brother
           
             Berkley
             ,
          
           who
           had
           seene
           the
           Records
           ,
           pressed
           them
           ,
           and
           relyed
           upon
           them
           for
           the
           reasons
           of
           their
           judgements
           ,
           I
           say
           ,
           I
           was
           much
           doubtfull
           thereupon
           ,
           untill
           I
           had
           perused
           all
           those
           Records
           sent
           me
           by
           the
           Kings
           Councel
           ,
           
           and
           satisfied
           my
           judgement
           therein
           .
        
         
           But
           now
           I
           answer
           ,
           That
           if
           there
           were
           any
           such
           Presidents
           (
           as
           I
           shall
           shew
           that
           there
           is
           not
           one
           shewed
           to
           mee
           to
           prove
           this
           Writ
           to
           be
           usuall
           )
           yet
           it
           were
           not
           materiall
           ,
           for
           now
           we
           are
           not
           to
           argue
           what
           hath
           beene
           done
           
             de
             facto
             ,
          
           for
           many
           things
           have
           been
           done
           which
           were
           never
           allowed
           ;
           but
           our
           question
           is
           ,
           What
           hath
           beene
           done
           and
           may
           bee
           done
           
             de
             jure
          
           :
           And
           then
           ,
           as
           it
           is
           said
           in
           
             Cok.
             lib.
          
           4.
           
             fol.
          
           33.
           in
           
             Mittons
          
           Case
           ,
           
             Iudicand
             '
             est
             legibus
             ,
             non
             exemplis
          
           :
           and
           
             lib.
          
           11.
           
             fol.
          
           75.
           in
           Magdalen
           Colledge
           Case
           it
           is
           said
           ,
           
             Multitudo
             errantium
             non
             parit
             errori
             patrocinium
             :
          
           and
           
             lib.
          
           4.
           
             fol.
          
           94.
           in
           
             Slades
          
           Case
           ,
           Multitude
           of
           Presidents
           ,
           unlesse
           they
           bee
           confirmed
           by
           Judiciall
           proceedings
           in
           Courts
           of
           Record
           are
           not
           to
           be
           regarded
           ;
           and
           none
           of
           these
           were
           ever
           confirmed
           by
           Judiciall
           Record
           ,
           but
           complained
           of
           .
        
         
           But
           to
           give
           a
           more
           cleare
           answer
           unto
           them
           ,
           I
           say
           ,
           That
           in
           my
           opinion
           ,
           upon
           view
           and
           serious
           reading
           of
           all
           the
           Records
           that
           have
           beene
           sent
           mee
           on
           the
           Kings
           part
           (
           for
           I
           have
           read
           them
           all
           over
           
             verbatim
          
           )
           and
           I
           presume
           they
           sent
           all
           that
           were
           conceived
           to
           bee
           
           materiall
           ,
           and
           I
           having
           taken
           notes
           of
           every
           one
           of
           them
           ,
           and
           diligently
           considered
           of
           them
           ,
           I
           conceive
           there
           is
           not
           any
           President
           or
           Record
           of
           any
           Writ
           which
           maintaines
           this
           Case
           ;
           for
           there
           is
           not
           any
           President
           or
           Record
           of
           any
           such
           Writ
           sent
           to
           any
           Sheriffe
           of
           any
           Inland
           County
           ,
           or
           Maritine
           County
           ,
           to
           command
           the
           making
           of
           ships
           at
           the
           charge
           of
           the
           County
           ,
           but
           this
           is
           the
           first
           President
           that
           ever
           was
           since
           the
           Conquest
           that
           is
           produced
           in
           this
           kind
           ;
           but
           it
           is
           true
           ,
           that
           before
           25.
           
             Ed.
          
           1.
           there
           have
           been
           some
           Writs
           to
           Maritine
           Townes
           and
           Ports
           ,
           and
           other
           Townes
           ,
           as
           London
           ,
           &c.
           
        
         
           Where
           they
           have
           had
           ships
           ,
           and
           Mariners
           to
           provide
           and
           prepare
           ships
           ,
           and
           to
           send
           them
           to
           places
           where
           the
           King
           pleased
           to
           appoint
           upon
           any
           just
           cause
           of
           feare
           of
           any
           danger
           ,
           for
           defence
           ;
           and
           great
           reason
           that
           they
           having
           ships
           ,
           and
           Masters
           of
           ships
           ,
           and
           Mariners
           ,
           should
           bee
           at
           the
           Kings
           command
           to
           bring
           all
           ,
           or
           as
           many
           as
           hee
           pleaseth
           ,
           for
           defence
           of
           the
           Sea
           and
           Kingdome
           ,
           being
           those
           that
           had
           the
           most
           benefit
           of
           the
           Seas
           ,
           and
           likely
           to
           have
           the
           losse
           ,
           if
           the
           Seas
           and
           Coasts
           
           were
           not
           duely
           guarded
           ,
           and
           those
           were
           most
           commonly
           appointed
           to
           bee
           at
           the
           Kings
           charge
           ;
           but
           sometimes
           ,
           upon
           some
           necessity
           ,
           they
           were
           appointed
           to
           be
           at
           the
           charge
           of
           the
           townes
           and
           parts
           adjoyning
           ,
           which
           I
           thinke
           was
           the
           true
           cause
           of
           the
           complaint
           in
           Parliament
           ,
           in
           25.
           
             E.
          
           1.
           and
           the
           making
           of
           that
           statute
           for
           staying
           that
           course
           ;
           for
           there
           is
           no
           Record
           afterwards
           of
           any
           such
           Writ
           in
           King
           
             Edw.
          
           1.
           his
           time
           ,
           after
           that
           statute
           to
           Maritine
           townes
           ,
           to
           prepare
           or
           send
           ships
           at
           the
           charge
           of
           the
           townes
           ,
           and
           none
           after
           ,
           untill
           the
           time
           of
           
             Edward
          
           the
           third
           ,
           and
           then
           the
           warres
           being
           betweene
           him
           and
           the
           French
           King
           ,
           
             in
             Annis
          
           10
           ,
           11
           ,
           12
           ,
           13.
           of
           
             Edw.
          
           3.
           were
           the
           most
           Writs
           awarded
           to
           the
           Maritine
           townes
           ,
           to
           send
           ships
           at
           their
           charge
           sufficiently
           furnished
           ;
           and
           those
           I
           thinke
           were
           the
           principall
           cause
           of
           the
           making
           of
           the
           statute
           of
           14.
           
             Edw.
          
           3.
           
             cap.
          
           1.
           and
           after
           that
           statute
           no
           such
           Writs
           ,
           nor
           any
           Commissions
           for
           that
           purpose
           were
           awarded
           to
           make
           any
           ships
           at
           the
           charge
           of
           Maritine
           townes
           ,
           untill
           1.
           
             Ric.
          
           2.
           
             m.
          
           18.
           when
           Writs
           were
           awarded
           to
           many
           Maritine
           townes
           ,
           and
           Inland
           townes
           ,
           for
           the
           making
           of
           ships
           ,
           which
           
           Record
           was
           much
           pressed
           by
           Mr.
           Atturny
           ,
           &
           afterwards
           by
           my
           brother
           
             Weston
             ,
          
           &
           my
           brother
           
             Berkley
          
           to
           prove
           that
           this
           course
           was
           and
           might
           be
           practised
           after
           the
           stat
           .
           of
           14.
           
             Ed.
          
           3.
           for
           sending
           forth
           such
           Writs
           ,
           &
           allowed
           ;
           but
           that
           Record
           is
           fully
           satisfied
           :
           for
           it
           was
           grounded
           upon
           an
           ordinance
           in
           Parliament
           ,
           in
           1.
           
             Ric.
          
           2.
           
             m.
          
           52.
           that
           all
           ancient
           Cities
           ,
           Burroughes
           ,
           and
           Townes
           ,
           that
           would
           have
           their
           liberties
           confirmed
           ,
           should
           have
           them
           confirmed
           ,
           without
           any
           charge
           of
           fine
           ,
           save
           onely
           to
           make
           a
           ship
           of
           warre
           for
           defence
           of
           the
           Realme
           ;
           so
           this
           was
           not
           compulsary
           to
           any
           ,
           but
           voluntarie
           to
           those
           that
           would
           have
           their
           liberties
           confirmed
           :
           And
           afterwards
           in
           1.
           
             H.
          
           4.
           
           Commissions
           were
           awarded
           for
           the
           making
           of
           such
           Vessels
           for
           warre
           ;
           but
           those
           issuing
           forth
           ,
           without
           any
           ordinance
           in
           Parliament
           ,
           were
           complained
           of
           in
           Parliament
           ,
           2.
           
             H.
          
           4.
           
             m.
          
           22.
           as
           to
           be
           against
           the
           liberty
           of
           the
           Subject
           ,
           as
           appeareth
           by
           the
           Statute
           before
           recited
           ,
           and
           the
           Commissions
           expresly
           repealed
           :
           And
           since
           that
           time
           of
           2.
           
             Henr.
          
           4.
           no
           such
           Writs
           issued
           forth
           in
           any
           age
           to
           any
           Maritine
           Towne
           ,
           to
           cause
           ships
           ,
           or
           prepare
           ships
           at
           their
           owne
           
           charge
           for
           the
           Kings
           service
           ,
           untill
           these
           late
           Writs
           .
        
         
           And
           now
           I
           shall
           take
           a
           short
           view
           of
           all
           the
           Records
           that
           have
           been
           cited
           ,
           and
           sent
           unto
           mee
           ;
           and
           leave
           them
           to
           the
           judgement
           of
           my
           Lords
           and
           others
           ,
           if
           any
           of
           them
           prove
           these
           Writs
           to
           be
           usuall
           and
           legall
           .
        
         
           
             The
             Records
             in
             the
             time
             of
             King
             
               John
               .
            
          
           
             THree
             of
             these
             are
             to
             arrest
             and
             make
             stay
             of
             all
             ships
             that
             they
             should
             not
             goe
             out
             of
             the
             Kingdome
             ,
             
             but
             to
             bee
             ready
             for
             the
             Kings
             service
             ;
             and
             the
             other
             was
             to
             bring
             ships
             of
             particular
             Townes
             to
             the
             mouth
             of
             the
             Thames
             for
             the
             Kings
             service
             .
          
           
             A
             Commission
             to
             guard
             the
             Seas
             to
             
               Iohn
               de
               Marshall
               ,
            
             
             and
             to
             the
             Sheriffe
             of
             the
             County
             of
             Lincolne
             ,
             and
             all
             others
             to
             attend
             his
             commands
             .
          
           
             Writs
             to
             the
             Barons
             of
             the
             Cinque Ports
             ,
             
             and
             divers
             other
             Townes
             ,
             to
             have
             their
             ships
             ready
             for
             the
             Kings
             service
             .
          
        
         
         
           
             In
             the
             time
             of
             King
             
               Henry
            
             the
             third
             .
          
           
             
             A
             Writ
             to
             the
             Bailiffe
             of
             Portsmouth
             to
             prepare
             one
             Gally
             .
          
           
             
             A
             Commission
             to
             the
             Bishop
             of
             Rochester
             and
             others
             ,
             and
             to
             the
             Sheriffe
             of
             Kent
             ,
             to
             cause
             all
             men
             at
             armes
             in
             that
             County
             to
             bee
             sworne
             ,
             and
             to
             assesse
             them
             what
             armes
             they
             should
             find
             .
          
           
             
             A
             Writ
             to
             the
             Sheriffe
             of
             Norfolke
             ,
             commanding
             him
             to
             cause
             them
             which
             were
             appointed
             to
             attend
             at
             the
             Sea
             coasts
             in
             that
             County
             ,
             and
             having
             served
             forty
             daies
             intended
             to
             depart
             ,
             that
             they
             should
             stay
             eight
             daies
             longer
             by
             reason
             of
             the
             danger
             ,
             and
             longer
             ,
             if
             need
             require
             .
          
           
             The
             like
             was
             sent
             to
             the
             Sheriffe
             of
             Suff.
             and
             Essex
             .
          
           
             
             A
             Writ
             to
             the
             Maior
             of
             Bedford
             ,
             commanding
             him
             to
             provide
             for
             the
             expences
             of
             them
             that
             were
             sent
             from
             thence
             for
             the
             guarding
             of
             the
             Seas
             ,
             yet
             it
             is
             but
             for
             eight
             daies
             more
             after
             the
             date
             of
             the
             Writ
             .
          
           
             
             A
             Writ
             to
             the
             men
             of
             Essex
             ,
             Norff.
             and
             Suff.
             appointed
             to
             attend
             for
             the
             guarding
             of
             
             the
             Sea
             coasts
             ,
             reciting
             that
             the
             King
             had
             appointed
             
               T.
               de
               M.
               Custodem
               maris
               ,
               &
               partium
               maritinarum
            
             within
             their
             Counties
             ,
             commanding
             them
             to
             assist
             him
             ,
             and
             to
             performe
             therein
             what
             he
             required
             .
          
           
             A
             Writ
             to
             the
             Sheriffe
             of
             Cambridge
             and
             Huntington
             ,
             
             to
             command
             all
             men
             of
             those
             Counties
             able
             to
             beare
             armes
             ,
             to
             come
             to
             the
             King
             to
             London
             .
          
        
         
           
             In
             the
             time
             of
             King
             
               Edward
            
             the
             first
             .
          
           
             A
             Writ
             to
             those
             of
             Essex
             ,
             
             Norff.
             and
             Suff.
             reciting
             that
             such
             persons
             were
             appointed
             
               ad
               custod
               '
               Maritin
               '
            
             in
             those
             Counties
             ,
             commanding
             them
             to
             attend
             them
             .
          
           
             Another
             Writ
             to
             the
             Sheriffe
             of
             Norff.
             and
             
             Suff.
             reciting
             that
             certaine
             Constables
             of
             those
             Counties
             were
             appointed
             to
             assesse
             men
             at
             armes
             ,
             sufficient
             for
             the
             guarding
             of
             the
             Sea
             coasts
             ,
             commanding
             him
             to
             distraine
             ,
             and
             compell
             them
             so
             assessed
             for
             to
             goe
             .
          
           
             Writs
             to
             the
             Sheriffe
             of
             Lincoln
             ,
             
             York
             ,
             and
             Northumberland
             ,
             reciting
             that
             hee
             had
             commanded
             
               A.
               de
               B.
               ad
               congregand
               '
               &
               capiend
               '
               centum
               Naves
            
             between
             Ley
             and
             Barwicke
             ,
             
               &
               ad
               
               homines
               potentes
               in
               eifdem
               navibus
               pon●●d
               '
               ,
            
             commanding
             them
             to
             assist
             him
             there
             .
          
           
             
             A
             Writ
             out
             of
             the
             Exchequer
             to
             
               Adam
               de
               Guerdon
               &
               aliis
               ,
            
             Guardians
             of
             the
             Sea
             coasts
             in
             the
             county
             of
             Southt
             .
             to
             distraine
             the
             Abbot
             of
             Reading
             for
             to
             find
             nine
             horses
             ,
             which
             he
             was
             assessed
             at
             for
             that
             service
             .
          
           
             
             Writs
             to
             all
             Archbishops
             ,
             Bishops
             ,
             Earles
             ,
             &c.
             in
             the
             counties
             of
             Somerset
             ,
             Devonshire
             ,
             and
             Cornwall
             ,
             to
             attend
             with
             their
             horsmen
             and
             footmen
             for
             defence
             of
             the
             sea
             coasts
             in
             those
             parts
             ,
             when
             they
             shall
             bee
             required
             by
             the
             Guardian
             of
             those
             coasts
             .
          
           
             
             A
             Writ
             out
             of
             the
             Exchequer
             directed
             to
             all
             Archbishops
             ,
             Bishops
             ,
             Earles
             ,
             &c.
             in
             the
             county
             of
             Norff.
             and
             to
             the
             Sheriffe
             of
             Norff.
             reciting
             that
             
               Peter
               de
               Rutlin
            
             was
             appointed
             
               ad
               custodiam
               partium
               maritinarum
               illarum
               ,
            
             commanding
             them
             to
             assist
             him
             .
          
           
             
             A
             Writ
             out
             of
             the
             Exchequ●r
             directed
             to
             the
             Sheriffe
             of
             Berks
             ,
             reciting
             that
             the
             King
             was
             informed
             by
             
               Adam
               de
               Guerdon
               ,
            
             Guardian
             of
             the
             s●a
             coasts
             in
             the
             County
             of
             Southt
             '
             ,
             that
             those
             men
             of
             the
             County
             of
             Berks
             that
             were
             come
             ●o
             the
             d●fending
             of
             the
             sea
             coasts
             in
             
             those
             parts
             ,
             came
             not
             as
             they
             were
             warned
             ,
             commanded
             to
             distraine
             them
             and
             compell
             them
             ,
             &c.
             
          
           
             The
             like
             Writs
             were
             awarded
             to
             the
             Sheriffe
             of
             Wiltshire
             ,
             Southt
             '
             &c.
             
          
           
             A
             Writ
             to
             the
             Bayliffes
             of
             great
             Yarmouth
             ,
             
             reciting
             that
             the
             King
             was
             informed
             that
             certaine
             of
             Flanders
             and
             French
             in
             a
             great
             multitude
             ,
             apparelled
             like
             Fishermen
             ,
             intending
             to
             invade
             their
             Towne
             ,
             warning
             them
             to
             gather
             their
             ships
             together
             ,
             and
             all
             their
             armes
             to
             defend
             themselves
             against
             such
             attempt
             .
          
           
             A
             Writ
             to
             all
             Sheriffes
             and
             Bayliffes
             ,
             
             &c.
             reciting
             that
             hee
             had
             appointed
             some
             therein
             named
             ,
             
               Ad
               congregand
               '
               numerum
               Navium
               ,
               &
               Galliar
               '
               major
               '
               &c.
            
             commanding
             the
             Sheriffes
             in
             their
             severall
             Counties
             to
             bee
             assisting
             unto
             them
             therein
             .
          
           
             Note
             ,
             
               ☞
            
             all
             these
             Records
             are
             for
             arrayes
             and
             congregating
             of
             ships
             ,
             but
             none
             to
             make
             or
             prepare
             ships
             at
             the
             charges
             of
             the
             Counties
             .
          
           
             A
             Writ
             of
             
               Supersedeas
            
             to
             the
             Guardian
             of
             the
             
             seas
             in
             the
             County
             of
             Southt
             '
             to
             distraine
             
               Hugh
               Plessis
            
             to
             find
             armes
             for
             his
             lands
             in
             
             that
             County
             for
             the
             guarding
             of
             the
             seas
             ,
             because
             he
             was
             in
             service
             with
             the
             King
             .
          
           
             
             A
             Writ
             to
             the
             Sheriffe
             of
             Essex
             to
             discharge
             for
             the
             Winter
             time
             those
             that
             lay
             at
             the
             sea
             coasts
             with
             their
             armes
             to
             defend
             their
             coasts
             ,
             but
             commanding
             them
             to
             bee
             in
             a
             readinesse
             when
             they
             should
             be
             againe
             commanded
             .
          
           
             The
             like
             Writs
             were
             then
             awarded
             to
             divers
             Sheriffes
             of
             Maritine
             Counties
             to
             the
             same
             purpose
             .
          
           
             
             A
             Writ
             to
             the
             Sheriffe
             of
             Lancaster
             ,
             reciting
             that
             whereas
             the
             King
             had
             formerly
             commanded
             him
             to
             goe
             to
             all
             the
             Ports
             and
             Townes
             where
             ships
             were
             ,
             commanding
             the
             Bayliffe
             of
             the
             Ports
             to
             have
             all
             the
             ships
             of
             the
             burthen
             of
             400.
             tuns
             at
             Winchester
             by
             such
             a
             day
             ,
             now
             commandeth
             the
             Sheriffe
             to
             see
             them
             made
             ready
             and
             sent
             .
          
           
             
             The
             like
             Writs
             directed
             to
             the
             Sheriffe
             of
             Lincolne
             ,
             York
             ,
             Northumberland
             ,
             and
             Cumberland
             .
          
           
             
             The
             like
             Writs
             directed
             to
             19.
             other
             Ports
             and
             Townes
             in
             other
             Counties
             .
          
           
             
             A
             Commission
             to
             send
             to
             array
             men
             at
             armes
             in
             the
             County
             of
             Westmerland
             .
          
           
           
             In
             the
             Exchequer
             (
             shewed
             by
             the
             Defendants
             Councell
             )
             Writs
             were
             to
             severall
             Maritine
             Townes
             ,
             
             and
             other
             Townes
             upon
             the
             sea
             coasts
             where
             ships
             were
             usually
             made
             ,
             to
             make
             ships
             and
             gallies
             ,
             and
             that
             the
             King
             will
             allow
             and
             pay
             for
             them
             when
             hee
             knoweth
             the
             charge
             thereof
             .
          
        
         
           
             In
             the
             time
             of
             King
             
               Edward
            
             the
             second
             .
          
           
             A
             Writ
             to
             all
             the
             men
             in
             the
             townes
             upon
             the
             sea
             coasts
             and
             Ports
             of
             the
             sea
             betweene
             Southt
             '
             and
             Falmouth
             ,
             
             reciting
             that
             the
             King
             had
             appointed
             
               Iohn
               de
               Norton
            
             to
             make
             provision
             of
             a
             Navie
             in
             the
             said
             townes
             and
             ports
             at
             their
             charges
             ,
             commanding
             them
             to
             perform
             what
             he
             in
             that
             behalfe
             shall
             require
             .
          
           
             A
             Writ
             to
             the
             Bayliffes
             of
             Yarmouth
             ,
             
             reciting
             that
             where
             the
             King
             had
             commanded
             all
             the
             ships
             of
             the
             burden
             of
             50.
             tuns
             ,
             from
             the
             Thames
             mouth
             towards
             the
             West
             part
             ,
             to
             be
             at
             Portsmouth
             such
             a
             day
             ,
             &c.
             and
             they
             had
             sent
             two
             ships
             ,
             that
             the
             Masters
             and
             Mariners
             complained
             that
             they
             could
             not
             serve
             without
             wages
             ,
             and
             therefore
             appointed
             them
             to
             send
             them
             wages
             .
          
           
           
             
             A
             Writ
             to
             the
             Bayliffes
             of
             Yarmouth
             ,
             commanding
             them
             to
             send
             all
             their
             ships
             of
             the
             burthen
             of
             30.
             tuns
             and
             above
             ,
             to
             Orewell
             in
             Suff.
             with
             double
             tackling
             ,
             victuals
             ,
             and
             other
             things
             necessary
             for
             one
             moneth
             .
          
           
             The
             like
             Writs
             at
             the
             same
             time
             to
             other
             townes
             ,
             to
             the
             number
             of
             34.
             
          
           
             
             A
             Writ
             to
             the
             Maior
             of
             London
             to
             provide
             3.
             ships
             with
             men
             and
             munition
             ,
             to
             goe
             with
             9.
             ships
             of
             Kent
             to
             guard
             the
             sea
             coasts
             .
          
           
             
             A
             writ
             to
             the
             Sheriffe
             of
             Norff.
             commanding
             him
             to
             warne
             all
             Barons
             ,
             Bannerets
             ,
             Knights
             ,
             and
             Esquires
             ,
             which
             were
             commanded
             to
             attend
             the
             King
             at
             Coventry
             at
             such
             a
             day
             ,
             and
             to
             goe
             with
             the
             King
             .
          
           
             
             A
             writ
             to
             the
             Sheriffe
             of
             Norff.
             and
             Suff.
             commanding
             him
             to
             arrest
             all
             Barons
             ,
             Bannerets
             ,
             Knights
             ,
             and
             Esquires
             ,
             which
             were
             commanded
             to
             attend
             the
             King
             at
             Coventry
             ,
             at
             such
             a
             day
             therein
             named
             ,
             and
             came
             not
             ,
             to
             be
             before
             the
             King
             and
             his
             Councell
             at
             London
             to
             answer
             .
          
           
             The
             Record
             saith
             ,
             like
             Writs
             were
             then
             awarded
             to
             divers
             other
             sheriffes
             of
             other
             counties
             .
          
           
           
             A
             Commission
             to
             array
             all
             persons
             between
             the
             ages
             of
             16.
             and
             60.
             with
             armes
             convenient
             ,
             
             to
             come
             to
             the
             King
             when
             they
             shall
             be
             required
             .
          
           
             A
             writ
             to
             the
             Archbishop
             of
             Canterbury
             ,
             
             commanding
             him
             to
             array
             all
             his
             servants
             and
             family
             to
             bee
             ready
             to
             defend
             the
             Kingdome
             ,
             if
             any
             invasion
             should
             bee
             ;
             the
             like
             writs
             at
             that
             time
             to
             all
             the
             Bishops
             .
          
        
         
           
             In
             the
             time
             of
             
               Edward
            
             the
             third
             .
          
           
             A
             writ
             to
             the
             Maior
             and
             Bayliffe
             of
             South-hampton
             ,
             
             commanding
             them
             to
             cause
             all
             their
             ships
             of
             the
             burthen
             of
             40.
             tuns
             and
             above
             ,
             to
             bee
             furnished
             with
             men
             at
             armes
             and
             victuals
             ,
             ready
             to
             defend
             the
             Land
             ,
             if
             any
             invasion
             should
             happen
             .
          
           
             A
             cōmission
             to
             
               Hugh
               Courtney
            
             to
             guard
             the
             seas
             in
             the
             counties
             of
             Devonshire
             and
             Cornwall
             ,
             
             &
             commanding
             all
             others
             to
             assist
             him
             .
          
           
             The
             like
             commission
             to
             
               Hugh
               Courtney
               ,
            
             
             for
             guarding
             the
             seas
             in
             the
             same
             county
             .
          
           
             A
             writ
             is
             to
             
               Bartholomew
               de
               Insul●
               ,
            
             
             for
             custodie
             of
             the
             sea
             coasts
             in
             the
             county
             of
             Southhampt
             .
             and
             therein
             is
             a
             command
             to
             
               Iohn
               Tichborn
            
             
             and
             others
             for
             the
             county
             of
             Southhamp
             .
             and
             to
             
               William
               de
               Pershiore
            
             and
             others
             for
             the
             county
             of
             Berks
             ,
             and
             to
             
               Iohn
               Mandit
            
             &
             others
             for
             the
             county
             of
             Wilts.
             to
             array
             men
             with
             armes
             ,
             and
             to
             have
             them
             in
             readinesse
             to
             defend
             the
             coasts
             of
             the
             county
             of
             Southhampt
             .
          
           
             
             A
             writ
             to
             
               William
               Clinton
            
             guardian
             of
             the
             Cinque Ports
             and
             others
             ,
             to
             survey
             all
             the
             ships
             of
             the
             Cinque Ports
             and
             other
             Ports
             from
             the
             mouth
             of
             the
             Thames
             unto
             Portsmouth
             ,
             and
             to
             cause
             them
             to
             bee
             furnished
             with
             armes
             and
             victuals
             for
             13.
             weekes
             from
             the
             time
             they
             shall
             go
             from
             Portsmouth
             .
          
           
             
             A
             Writ
             to
             the
             Maior
             of
             Winchester
             ,
             to
             cause
             the
             ships
             appointed
             for
             that
             town
             to
             be
             furnished
             with
             men
             at
             armes
             and
             victuals
             ,
             and
             other
             necessaries
             for
             13.
             weekes
             .
          
           
             
             A
             writ
             to
             the
             Admirall
             of
             the
             Fleet
             from
             the
             mouth
             of
             Thames
             unto
             the
             West
             parts
             ,
             to
             keep
             upon
             the
             seas
             the
             ships
             of
             the
             Cinque Ports
             ,
             and
             other
             ships
             arrested
             to
             defend
             the
             Kingdome
             against
             any
             attempt
             of
             invasion
             .
          
           
             The
             like
             writ
             was
             then
             to
             the
             Admirall
             of
             the
             Fleet
             from
             the
             mouth
             of
             the
             Thames
             unto
             the
             North
             parts
             ,
             with
             like
             command
             
             to
             hold
             the
             ships
             together
             upon
             the
             sea
             .
          
           
             A
             writ
             commanding
             the
             ships
             of
             the
             Ports
             of
             Ireland
             to
             bee
             sent
             hither
             to
             guard
             the
             seas
             here
             .
             
          
           
             A
             writ
             to
             the
             Bayliffes
             of
             Yarmouth
             ,
             
             to
             cause
             the
             men
             of
             that
             towne
             to
             contribute
             to
             the
             charges
             of
             the
             ships
             ,
             and
             men
             and
             victuals
             sent
             from
             thence
             for
             the
             defence
             of
             the
             Kingdome
             .
          
           
             A
             writ
             to
             all
             the
             Liberties
             and
             men
             of
             South-Wales
             ,
             
             to
             have
             one
             ship
             riding
             upon
             the
             seas
             for
             the
             defence
             of
             those
             parts
             .
          
           
             The
             like
             unto
             the
             men
             of
             North-wales
             .
             
          
           
             A
             writ
             to
             the
             arrayers
             of
             men
             for
             the
             county
             of
             Berks
             ,
             
             to
             compell
             them
             of
             that
             county
             assigned
             and
             assessed
             for
             the
             keeping
             of
             the
             sea
             coasts
             in
             the
             county
             of
             Southt
             .
             to
             go
             to
             Portsmouth
             by
             a
             day
             therein
             appointed
             .
          
           
             A
             Commission
             ,
             
             reciting
             that
             the
             King
             had
             appointed
             all
             the
             ships
             from
             the
             mouth
             of
             the
             Thames
             Northward
             to
             bee
             arrested
             ,
             and
             to
             cause
             them
             to
             bee
             furnished
             with
             munition
             ,
             men
             ,
             and
             victuals
             ,
             and
             to
             bee
             brought
             to
             Yarmouth
             ;
             and
             that
             the
             men
             of
             Lin
             refused
             to
             contribute
             to
             the
             expences
             of
             the
             charge
             of
             the
             
             men
             sent
             in
             the
             ship
             from
             that
             town
             ,
             and
             the
             furnishing
             of
             that
             ship
             ;
             and
             therefore
             commanded
             the
             comers
             therein
             named
             to
             assesse
             them
             that
             refuse
             so
             to
             contribute
             ,
             and
             to
             distraine
             them
             for
             it
             .
          
           
             
             The
             like
             to
             compell
             the
             men
             of
             Bard●ey●
             to
             contribute
             for
             the
             expences
             of
             the
             men
             of
             that
             towne
             .
          
           
             
             The
             like
             to
             compell
             the
             men
             of
             Surrey
             and
             Sussex
             ,
             to
             contribute
             to
             the
             expences
             of
             the
             men
             of
             those
             counties
             ,
             that
             attended
             for
             the
             guarding
             of
             the
             sea
             coasts
             there
             .
          
           
             
             A
             writ
             to
             all
             Archbishops
             ,
             Bishops
             ,
             &c.
             and
             to
             the
             Sheriffe
             of
             Kent
             ,
             and
             to
             the
             Barons
             of
             the
             Cinque Ports
             ,
             and
             all
             others
             in
             that
             county
             ,
             commanding
             them
             to
             bee
             assisting
             to
             
               I.
               de
               Cobham
               ,
            
             to
             whom
             the
             custody
             of
             the
             seas
             in
             those
             parts
             is
             committed
             ,
             and
             to
             defend
             those
             coasts
             against
             forraine
             invasion
             .
          
           
             
             A
             writ
             to
             the
             Maior
             of
             London
             ,
             reciting
             the
             danger
             of
             invasion
             ,
             &c.
             commanding
             to
             shut
             up
             the
             gates
             towards
             the
             water
             ,
             if
             the
             enemies
             approach
             .
          
           
             
             A
             writ
             to
             the
             Bayliffes
             of
             Yarmouth
             ,
             reciting
             by
             his
             writ
             he
             had
             commanded
             4.
             ships
             
             of
             warre
             of
             that
             town
             to
             be
             made
             ready
             with
             men
             ,
             munition
             ,
             &
             victuals
             for
             three
             moneths
             ,
             at
             the
             charges
             of
             the
             towne
             ,
             to
             bee
             brought
             to
             Orewell
             ,
             and
             that
             they
             failed
             to
             come
             at
             their
             day
             ,
             to
             the
             great
             perill
             of
             the
             Land
             ;
             therefore
             commandeth
             the
             Bayliffes
             to
             compell
             them
             at
             another
             day
             therein
             prefixed
             to
             be
             at
             the
             same
             place
             .
             There
             it
             is
             set
             down
             that
             the
             like
             Writs
             were
             awarded
             to
             the
             Bayliffes
             of
             17.
             other
             townes
             ,
             for
             the
             sending
             their
             ships
             ,
             being
             charged
             some
             for
             1.
             ship
             ,
             and
             some
             for
             2.
             ships
             .
          
           
             A
             
               Supersedeas
            
             for
             the
             Abbot
             of
             Gwaverra
             to
             find
             a
             ship
             as
             he
             was
             appointed
             ,
             
             because
             he
             found
             divers
             men
             at
             arms
             in
             the
             Isle
             of
             Wight
             .
          
           
             A
             
               Supersedeas
            
             for
             the
             Abbot
             of
             Ramsey
             for
             
             being
             charged
             with
             armes
             for
             the
             guarding
             of
             the
             coasts
             of
             Norff.
             for
             his
             lands
             in
             Norff.
             because
             he
             was
             by
             command
             attending
             with
             all
             his
             forces
             in
             the
             countie
             of
             Huntington
             ,
             for
             the
             safety
             of
             those
             parts
             .
          
           
             A
             writ
             of
             
               Supersedeas
            
             to
             the
             arrayers
             of
             armes
             in
             the
             county
             of
             Oxon
             '
             ,
             
             to
             discharge
             
               Iohn
               Mandit
            
             to
             serve
             there
             ,
             because
             he
             attended
             in
             Wilts.
          
           
             A
             writ
             ,
             
             &c.
             to
             the
             arrayers
             of
             armes
             in
             the
             
             county
             of
             Wilts.
             which
             is
             onely
             concerning
             the
             payment
             of
             souldiers
             wages
             ,
             who
             attended
             to
             guard
             the
             sea
             coasts
             .
          
           
             These
             being
             all
             the
             Records
             shewed
             ,
             it
             ●●peareth
             that
             there
             were
             no
             writs
             issuing
             out
             in
             those
             times
             to
             any
             Sheriffes
             of
             Inland
             counties
             ,
             or
             Maritine
             counties
             ,
             to
             make
             or
             prepare
             ships
             for
             any
             occasion
             whatsoever
             ,
             but
             onely
             to
             Maritine
             townes
             ,
             to
             send
             their
             ships
             ,
             or
             to
             prepare
             ships
             at
             their
             owne
             charges
             .
          
           
             The
             Records
             since
             14.
             
               E.
            
             3.
             shewed
             me
             ,
             doe
             not
             shew
             any
             writs
             to
             bee
             awarded
             to
             any
             Maritine
             towns
             ,
             to
             prepare
             ships
             at
             the
             charge
             of
             the
             townes
             .
          
           
             But
             those
             Records
             of
             1.
             
               Ric.
            
             2.
             and
             1.
             
               Hen.
            
             4.
             which
             I
             have
             before
             answered
             ,
             and
             the
             Records
             since
             that
             time
             shewed
             unto
             me
             (
             except
             such
             as
             I
             have
             formerly
             mentioned
             in
             my
             argument
             )
             are
             these
             :
          
           
             
             A
             commission
             to
             
               Nicholas
               de
               Cartlape
               ,
            
             to
             array
             men
             to
             resist
             the
             Scots
             .
          
           
             
             A
             writ
             to
             the
             Maior
             of
             Yorke
             ,
             to
             array
             all
             their
             men
             to
             be
             ready
             when
             they
             shall
             be
             required
             .
          
           
             
             A
             commission
             concerning
             arrayes
             of
             men
             
             in
             the
             counties
             of
             Derby
             and
             Nottingham
             ,
             and
             to
             punish
             such
             as
             came
             not
             when
             they
             were
             appointed
             .
          
           
             A
             writ
             to
             the
             arrayers
             of
             men
             in
             the
             county
             of
             South-hampt
             .
             to
             discharge
             the
             Abbot
             of
             Bettaile
             to
             find
             armes
             for
             the
             sea
             coasts
             there
             .
             
          
           
             A
             commission
             to
             
               Iohn
               de
               Bodingham
            
             for
             the
             custody
             of
             the
             Ports
             and
             Maritine
             parts
             in
             Cornwall
             ,
             
             and
             to
             array
             all
             the
             men
             to
             be
             in
             a
             readinesse
             .
          
           
             Note
             ,
             
               ☞
            
             all
             these
             Records
             are
             onely
             for
             arrayes
             of
             men
             ,
             and
             none
             for
             preparing
             ships
             .
          
           
             There
             it
             is
             set
             downe
             ,
             that
             the
             like
             Commissions
             are
             to
             others
             in
             severall
             counties
             .
          
           
             A
             commission
             to
             the
             Earle
             of
             Huntington
             ,
             
             to
             have
             the
             custody
             of
             the
             Ports
             in
             Kent
             ,
             and
             to
             array
             men
             ,
             and
             to
             set
             up
             beacons
             ,
             &c.
             which
             is
             the
             first
             I
             observe
             in
             that
             kind
             .
          
           
             The
             like
             commissions
             were
             then
             to
             severall
             other
             persons
             ,
             to
             array
             men
             in
             severall
             counties
             ,
             as
             Warwick
             ,
             Oxon.
             Berks
             ,
             Bucks
             ,
             &c.
             
          
           
             A
             writ
             to
             the
             Archbishop
             of
             Cant.
             reciting
             the
             danger
             of
             invasion
             by
             the
             French
             to
             hurt
             the
             Church
             and
             Kingdome
             ,
             
             to
             array
             all
             his
             Clergy
             in
             his
             Diocesse
             ,
             &c.
             to
             bee
             ready
             to
             
             goe
             with
             the
             Kings
             forces
             to
             defend
             ,
             &c.
             
          
           
             The
             like
             writs
             to
             all
             other
             Bishops
             in
             the
             Kingdome
             .
          
           
             
             A
             writ
             to
             the
             arrayers
             of
             men
             in
             the
             county
             of
             Norff.
             and
             to
             the
             Sheriffe
             of
             Norff.
             commanding
             them
             to
             command
             all
             great
             men
             and
             others
             ,
             that
             had
             mansions
             upon
             or
             neere
             the
             sea
             coasts
             ,
             to
             resort
             with
             all
             their
             families
             for
             defence
             of
             those
             coasts
             .
          
           
             The
             like
             to
             the
             arrayers
             ,
             and
             to
             the
             Sheriffes
             often
             other
             Maritine
             counties
             .
          
           
             
             A
             commission
             to
             the
             Bishop
             of
             Durham
             and
             others
             ,
             to
             array
             men
             in
             Durham
             ,
             Cumberland
             ,
             and
             Northumb.
             to
             resist
             the
             Scots
             .
          
           
             
             A
             writ
             to
             
               William
               Hench
            
             and
             others
             ,
             to
             remove
             with
             all
             their
             families
             to
             their
             houses
             upon
             the
             sea
             coasts
             .
          
        
         
           
             In
             the
             time
             of
             
               Richard
            
             the
             second
             .
          
           
             
             A
             writ
             to
             the
             Bayliffe
             of
             Scardeburgh
             ,
             because
             the
             towne
             was
             upon
             the
             coasts
             of
             the
             sea
             ,
             and
             in
             danger
             by
             invasion
             ,
             carefully
             to
             look
             to
             the
             custody
             thereof
             ,
             &c.
             
          
           
             
             A
             writ
             to
             the
             Maior
             and
             Bayliffes
             of
             Oxon.
             to
             repaire
             the
             walls
             of
             the
             town
             ,
             and
             to
             compell
             
             those
             that
             had
             lands
             there
             to
             contribute
             to
             the
             expences
             thereof
             .
          
           
             This
             Record
             hath
             beene
             much
             urged
             by
             Mr.
             Sollicitor
             and
             Mr.
             Attorney
             ,
             that
             if
             the
             King
             have
             such
             a
             power
             to
             command
             the
             walls
             of
             a
             towne
             to
             bee
             repaired
             ,
             much
             more
             to
             command
             ships
             to
             be
             made
             ,
             which
             are
             the
             walls
             of
             the
             sea
             ,
             and
             consequently
             the
             walls
             of
             the
             Kingdome
             .
             But
             this
             is
             clearly
             answered
             ,
             for
             that
             it
             is
             but
             a
             private
             charge
             of
             a
             private
             towne
             ,
             and
             that
             had
             beene
             formerly
             so
             walled
             ,
             and
             for
             defence
             &
             safety
             of
             the
             town
             ,
             and
             none
             charged
             but
             those
             that
             have
             benefit
             thereby
             ,
             and
             so
             proveth
             nothing
             to
             the
             Case
             in
             question
             .
          
           
             One
             writ
             to
             the
             Sheriffe
             of
             Kent
             ,
             
             and
             another
             to
             the
             Sheriffe
             of
             Essex
             ,
             commanding
             an
             ordinance
             made
             ,
             &c.
             by
             the
             King
             and
             his
             Councell
             ,
             for
             setting
             up
             of
             Beacons
             ,
             and
             keeping
             watch
             about
             them
             .
          
           
             A
             writ
             to
             the
             Archbish.
             of
             Cant.
             to
             command
             all
             his
             Clergy
             betweene
             16.
             and
             60.
             to
             bee
             arrayed
             and
             put
             in
             armes
             ,
             
             both
             horse
             and
             foot
             ,
             according
             to
             their
             qualities
             ,
             to
             bee
             ready
             to
             defend
             the
             Kingdome
             .
          
           
           
             
             A
             writ
             to
             a
             Serjeant
             at
             armes
             ,
             to
             array
             all
             ships
             of
             warre
             in
             the
             Ports
             of
             Plimouth
             and
             Dartmouth
             ,
             and
             other
             parts
             in
             the
             county
             of
             Cornwall
             ,
             and
             to
             bring
             them
             to
             Hanks
             hook
             to
             go
             with
             the
             Kings
             Majesties
             ships
             .
          
           
             In
             the
             same
             Roll
             are
             divers
             other
             writs
             to
             divers
             other
             Serjeants
             at
             armes
             ,
             to
             arrest
             the
             ships
             in
             divers
             other
             ports
             .
          
           
             
             A
             commission
             to
             the
             Duke
             Albernale
             ,
             to
             array
             men
             in
             the
             West
             Marches
             towards
             Scotland
             to
             resist
             the
             Scots
             .
          
           
             
             A
             writ
             to
             the
             Sheriffe
             of
             Derby
             and
             Nottingham
             ,
             reciting
             that
             the
             King
             certainly
             understood
             ,
             that
             the
             Scots
             intended
             with
             a
             great
             power
             to
             invade
             the
             Kingdome
             ,
             commandeth
             him
             to
             proclaim
             in
             all
             parts
             of
             his
             counties
             ,
             that
             all
             men
             betweene
             16.
             and
             60.
             should
             put
             themselves
             in
             arms
             competent
             ,
             according
             to
             their
             degrees
             ,
             to
             bee
             ready
             upon
             two
             dayes
             warning
             to
             defend
             the
             Kingdome
             .
          
           
             
             The
             like
             writs
             were
             then
             directed
             to
             the
             Sheriffes
             of
             Lincoln
             ,
             Yorke
             ,
             and
             Lancaster
             .
          
           
             A
             writ
             to
             the
             Archbish.
             of
             Cant.
             reciting
             
               Satis
               informati
               estis
               qualit
               .
               inimici
               nostri
               Franc.
               &
               alii
               sibi
               adhaerentes
               ,
               cum
               magna
               classe
               navium
               ,
               cum
               
               magna
               multitudine
               armator
               '
               super
               mare
               congregat
               '
               ,
            
             
             
               diversas
               villas
               per
               Costeram
               regni
               nostri
               invadere
               ,
               &
               nos
               &
               regnum
               nostrum
               destruere
               ,
               &
               Ecclesiam
               Anglicanam
               subvertere
               intendunt
               &
               proponunt
               :
            
             Thereupon
             commandeth
             ,
             that
             the
             Clergy
             in
             that
             Diocesse
             be
             arrayed
             and
             armed
             ,
             and
             to
             be
             ready
             at
             the
             Kings
             command
             to
             goe
             against
             the
             enemy
             .
          
           
             The
             like
             Writs
             were
             then
             awarded
             to
             every
             Bishop
             in
             England
             .
          
           
             A
             commission
             to
             
               Thomas
               de
               Morley
            
             and
             others
             ,
             
             and
             to
             the
             sheriffes
             of
             Norff.
             and
             Suff.
             and
             to
             the
             Bayliffes
             of
             great
             Yarmouth
             ,
             reciting
             ,
             
               Quòd
               cum
               inimici
               Franc.
               Brittan
               .
               Scot.
               &
               alii
               sibi
               adhaerentes
               ,
               inter
               se
               obligat
               .
               magna
               armat
               .
               super
               mare
               in
               aestate
               proxim
               .
               futur
               .
               ordinaverunt
               &
               intendunt
               regnum
               invadere
               ,
               &c.
            
             commandeth
             to
             survey
             that
             town
             of
             Yarmouth
             ,
             &
             to
             fortifie
             it
             .
          
           
             Note
             here
             also
             ,
             notwithstanding
             such
             great
             danger
             mentioned
             ,
             and
             such
             distance
             of
             time
             ,
             yet
             that
             no
             Writs
             issued
             to
             any
             counties
             to
             prepare
             ships
             .
          
           
             A
             commission
             to
             array
             all
             men
             at
             armes
             in
             the
             West-Riding
             in
             Yorkshire
             ,
             
             to
             bee
             ready
             to
             defend
             those
             parts
             .
          
           
           
             The
             like
             Commissions
             to
             others
             in
             nineteen
             severall
             counties
             .
             
          
           
             
             Commissions
             for
             arraying
             men
             for
             defence
             of
             the
             Kingdome
             ,
             
             if
             invasion
             shall
             be
             ,
             and
             for
             repressing
             of
             Rebels
             .
             
          
           
             
             Commissions
             unto
             
               George
            
             Duke
             of
             Clarence
             and
             others
             ,
             to
             array
             men
             for
             defence
             .
          
           
             
             A
             Commission
             to
             
               Iohn
            
             Lord
             
               Howard
               ,
            
             to
             be
             Captaine
             of
             all
             the
             Forces
             .
          
           
             
             A
             Commission
             to
             Marquesse
             
               Mountague
               ,
            
             to
             array
             and
             put
             in
             armes
             all
             men
             beyond
             Trent
             .
          
           
             
             A
             Commission
             to
             
               Rich.
               Fitz-Hugh
               ,
               &c.
            
             and
             to
             the
             Sheriffe
             of
             Yorkshire
             ,
             to
             array
             and
             cause
             to
             bee
             armed
             all
             able
             persons
             ,
             Abbots
             ,
             and
             others
             ,
             to
             be
             ready
             to
             defend
             the
             Kingdome
             .
          
           
             
             A
             Writ
             to
             the
             Sheriffe
             of
             Norff.
             and
             Suff.
             to
             proclaime
             in
             all
             parts
             of
             those
             counties
             ,
             for
             that
             there
             was
             like
             to
             be
             open
             wars
             between
             
               Charles
            
             of
             France
             ,
             and
             the
             King
             of
             Romans
             ,
             and
             great
             Navies
             are
             prepared
             of
             either
             side
             ,
             commandeth
             that
             watch
             and
             ward
             bee
             kept
             ,
             and
             beacons
             kept
             ,
             to
             give
             warning
             that
             every
             man
             be
             ready
             if
             need
             be
             ,
             to
             come
             and
             defend
             the
             Kingdome
             .
          
           
             
             A
             Writ
             to
             the
             Sheriffe
             of
             Kent
             ,
             commanding
             
             him
             to
             proclaime
             in
             his
             county
             that
             the
             King
             bee
             certainly
             informed
             ,
             that
             the
             French
             King
             hath
             prepared
             and
             put
             in
             readinesse
             a
             great
             and
             strong
             Navie
             ,
             furnished
             with
             men
             of
             warre
             ,
             to
             invade
             this
             his
             Kingdome
             ;
             therefore
             commandeth
             all
             men
             ,
             betweene
             the
             age
             of
             16.
             and
             60.
             to
             put
             themselves
             in
             armes
             ,
             and
             to
             bee
             ready
             to
             defend
             the
             Kingdome
             at
             an
             houres
             warning
             .
          
           
             Cōmissioners
             went
             to
             take
             view
             of
             all
             the
             horses
             of
             England
             for
             service
             ,
             
             and
             to
             survey
             all
             the
             armes
             ,
             to
             have
             them
             all
             put
             in
             readinesse
             ,
             as
             necessity
             should
             require
             .
          
           
             Now
             it
             appeareth
             upon
             view
             and
             examination
             of
             all
             these
             Records
             ,
             most
             of
             them
             being
             cited
             by
             Mr.
             Sollicitor
             and
             M.
             Attorney
             in
             their
             severall
             arguments
             ,
             that
             there
             are
             none
             to
             prove
             the
             sending
             of
             any
             such
             Writs
             to
             Inland
             or
             Maritine
             counties
             to
             prepare
             such
             ships
             ,
             although
             there
             hath
             beene
             many
             times
             great
             danger
             ;
             nor
             yet
             any
             Writs
             to
             Maritine
             towns
             after
             the
             Stat.
             of
             14.
             
               E.
            
             3.
             to
             charge
             them
             to
             find
             any
             ships
             at
             their
             charges
             :
             So
             then
             I
             conclude
             this
             point
             ,
             that
             I
             conceive
             this
             Writ
             is
             not
             warranted
             by
             any
             former
             President
             .
          
           
           
             Now
             I
             come
             to
             examine
             the
             points
             of
             this
             Writ
             ,
             whether
             the
             same
             bee
             legall
             ,
             and
             warranted
             by
             any
             former
             Presidents
             ,
             and
             I
             conceive
             it
             is
             not
             :
             For
          
           
             
             First
             ,
             the
             motives
             mentioned
             in
             the
             Writ
             are
             ,
             
               Quia
               datum
               est
               nobis
               intelligi
               ,
            
             which
             is
             no
             certain
             information
             ,
             
               quòd
               quidam
               praedones
               &
               maris
               grassatores
               ,
            
             did
             take
             the
             Kings
             subjects
             ,
             Merchants
             and
             others
             ,
             and
             carried
             them
             into
             miserable
             captivity
             .
          
           
             
             
               Cumque
               ipsos
               conspicimus
               navigium
               indies
               praeparantes
               ad
               mercator
               '
               nostros
               molestand
               '
               ,
               &
               regnum
               nostrum
               gravand
               '
               .
            
             All
             these
             and
             those
             following
             I
             conceive
             are
             not
             sufficient
             motives
             ,
             and
             were
             never
             in
             any
             President
             before
             to
             have
             a
             royall
             Navie
             prepared
             ,
             for
             the
             former
             Presidents
             are
             ,
             that
             great
             Princes
             in
             open
             times
             of
             hostility
             had
             provided
             great
             Navies
             with
             munition
             and
             souldiers
             ,
             with
             intent
             to
             invade
             the
             Kingdome
             ,
             as
             appeareth
             by
             the
             former
             Presidents
             :
             and
             against
             such
             provision
             it
             was
             necessary
             to
             provide
             a
             royall
             Navie
             ,
             the
             Kings
             ships
             and
             all
             the
             ships
             of
             the
             Kingdome
             to
             be
             gathered
             to
             withstand
             them
             ;
             but
             to
             make
             such
             preparation
             against
             Pirats
             ,
             it
             was
             never
             put
             in
             any
             
             Writ
             before
             :
             for
             when
             Pirats
             infested
             the
             seas
             ,
             they
             came
             as
             it
             were
             by
             stealth
             to
             rob
             and
             to
             doe
             mischiefe
             ,
             and
             they
             never
             dare
             appear
             ,
             but
             when
             they
             may
             doe
             mischiefe
             ,
             and
             escape
             away
             by
             their
             lightnesse
             ;
             but
             against
             them
             the
             usuall
             course
             hath
             beene
             ,
             that
             the
             Admirall
             or
             his
             Deputy
             with
             some
             few
             ships
             have
             scoured
             the
             coasts
             ,
             and
             not
             to
             imploy
             a
             whole
             Navie
             ,
             and
             this
             appeareth
             by
             the
             Record
             of
             25.
             
               E.
            
             1.
             
               m.
            
             9.
             where
             
               Will.
               Leyborne
            
             the
             Admirall
             was
             appointed
             upon
             such
             an
             occasion
             with
             ten
             ships
             to
             lye
             upon
             the
             seas
             ;
             and
             the
             usuall
             practice
             hath
             beene
             ,
             when
             they
             hover
             upon
             the
             seas
             ,
             by
             sending
             a
             few
             ships
             of
             war
             to
             scatter
             them
             ,
             and
             to
             make
             them
             absolutely
             to
             flye
             away
             :
             &
             there
             is
             no
             doubt
             of
             loss
             of
             the
             dominion
             of
             the
             seas
             by
             any
             act
             that
             Pirats
             can
             do
             ,
             neither
             convenient
             that
             every
             county
             of
             the
             Kingdom
             should
             prepare
             ships
             against
             them
             .
          
           
             The
             command
             of
             this
             Writ
             to
             provide
             a
             
             ship
             of
             450.
             tuns
             at
             the
             charges
             of
             the
             county
             ,
             furnished
             with
             Masters
             and
             Mariners
             ,
             which
             is
             impossible
             for
             them
             to
             doe
             for
             the
             reasons
             before
             alledged
             ;
             and
             therefore
             is
             illegall
             ,
             and
             not
             warranted
             by
             former
             President
             .
          
           
           
             The
             command
             of
             the
             Writ
             to
             find
             wages
             for
             the
             souldiers
             for
             26.
             weeks
             after
             they
             come
             to
             Portsmouth
             ,
             when
             they
             are
             out
             of
             their
             counties
             ,
             and
             in
             the
             Kings
             service
             ,
             is
             illegall
             ,
             being
             against
             the
             course
             of
             Presidents
             in
             divers
             times
             ,
             and
             against
             divers
             expresse
             statutes
             :
             and
             this
             appeareth
             by
             divers
             Records
             .
             15.
             
             
               Ioh.
            
             In
             the
             Writs
             of
             Summons
             of
             the
             Tenants
             by
             Knights
             service
             ,
             it
             is
             expresly
             mentioned
             ,
             that
             after
             their
             40.
             daies
             service
             (
             for
             so
             many
             daies
             they
             were
             to
             doe
             service
             by
             their
             tenures
             )
             they
             should
             be
             satisfied
             
               ad
               denarios
               Regis
               .
            
          
           
             
               Pasch.
            
             26.
             
               E.
            
             1.
             amongst
             the
             Writs
             of
             the
             Exchequer
             it
             is
             there
             set
             down
             ,
             that
             the
             footmen
             of
             Cheshire
             being
             1000.
             which
             were
             appointed
             to
             goe
             to
             the
             defence
             of
             the
             borders
             upon
             Scotland
             ,
             would
             not
             stirre
             out
             of
             the
             county
             without
             their
             wages
             ;
             and
             there
             is
             set
             downe
             ,
             that
             one
             therein
             named
             was
             sent
             down
             with
             monie
             to
             pay
             the
             said
             footmen
             .
          
           
             
               Mich.
            
             26.
             
               E.
            
             1.
             
             
               Inter
               Brevia
               irretornab
               .
            
             in
             the
             Exchequer
             ,
             by
             reason
             of
             the
             invasion
             of
             the
             Scots
             ,
             many
             thousands
             of
             souldiers
             were
             taken
             from
             divers
             parts
             of
             the
             Kingdome
             ,
             
               ad
               vadia
               Regi●
               ,
            
             and
             there
             mentioned
             ,
             that
             Clerkes
             were
             sent
             
             downe
             with
             mony
             to
             pay
             the
             souldiers
             of
             severall
             counties
             their
             wages
             .
          
           
             In
             the
             Exchequer
             in
             accompt
             the
             wages
             of
             land
             souldiers
             for
             severall
             counties
             ,
             
             and
             the
             wages
             of
             Mariners
             ,
             are
             set
             downe
             what
             the
             wages
             that
             was
             paid
             came
             to
             by
             day
             ,
             both
             by
             sea
             and
             land
             .
          
           
             
               Inter
               Brevia
            
             in
             the
             Exchequer
             ,
             
             the
             Wardens
             of
             the
             Marches
             of
             Scotland
             signified
             unto
             the
             Barons
             ,
             that
             the
             men
             of
             Cumberland
             and
             Westmerland
             ,
             appointed
             for
             the
             defence
             of
             the
             Marches
             ,
             would
             not
             stirre
             out
             of
             their
             counties
             without
             wages
             ,
             whereupon
             order
             was
             given
             for
             wages
             for
             them
             .
          
           
             Commissions
             went
             out
             to
             pay
             the
             souldiers
             ,
             
             which
             served
             out
             of
             severall
             counties
             for
             defence
             against
             Scotland
             .
          
           
             In
             the
             Exchequer
             it
             was
             ordered
             in
             Parliament
             ,
             
             that
             where
             some
             souldiers
             had
             received
             of
             some
             of
             the
             Kings
             officers
             monies
             for
             their
             wages
             ,
             were
             fain
             to
             give
             bond
             for
             repayment
             ,
             that
             those
             bonds
             should
             all
             be
             redelivered
             .
          
           
             But
             to
             clear
             all
             doubts
             ,
             the
             expresse
             statute
             of
             18.
             
               E.
            
             3.
             
               c.
            
             7.
             is
             ,
             That
             men
             of
             armes
             ,
             Hoblers
             and
             Archers
             ,
             chosen
             to
             go
             in
             the
             Kings
             s●rvice
             out
             
             of
             England
             ,
             shall
             be
             at
             the
             Kings
             wages
             from
             the
             time
             they
             goe
             out
             of
             their
             counties
             where
             they
             were
             chosen
             ,
             untill
             the
             time
             they
             come
             home
             againe
             .
          
           
             
             Those
             that
             had
             any
             grant
             of
             lands
             from
             the
             King
             ,
             and
             those
             that
             had
             any
             offices
             of
             the
             grant
             of
             the
             King
             ,
             are
             to
             serve
             the
             King
             in
             his
             wars
             ,
             but
             in
             both
             it
             is
             appointed
             ,
             they
             shall
             have
             wages
             from
             the
             time
             they
             come
             from
             their
             houses
             ,
             untill
             they
             shall
             returne
             .
          
           
             
             It
             is
             enacted
             ,
             That
             no
             Captaine
             receiving
             souldiers
             serving
             by
             sea
             or
             by
             land
             ,
             shal
             receive
             any
             wages
             for
             more
             souldiers
             or
             more
             time
             then
             they
             serve
             ,
             and
             shall
             enter
             the
             daies
             of
             their
             entring
             into
             wages
             upon
             pain
             ,
             &c.
             
          
           
             All
             which
             Records
             and
             Statutes
             do
             prove
             ,
             that
             the
             souldiers
             should
             be
             at
             the
             Kings
             wages
             ;
             therefore
             this
             command
             for
             souldiers
             wages
             for
             26.
             weekes
             when
             they
             goe
             from
             Portsmouth
             ,
             is
             illegall
             ,
             and
             expresly
             against
             the
             said
             Statutes
             :
             and
             so
             the
             assessment
             being
             entire
             ,
             as
             well
             for
             the
             wages
             as
             the
             other
             charges
             ,
             I
             hold
             to
             bee
             clearly
             illegall
             ,
             and
             not
             to
             be
             demanded
             .
          
           
             
             That
             the
             command
             of
             this
             Writ
             to
             the
             
             Sheriffe
             to
             assesse
             men
             at
             his
             owne
             discretion
             ,
             is
             not
             legall
             ,
             nor
             warranted
             by
             the
             Presidents
             ;
             for
             the
             Presidents
             are
             commonly
             that
             assessements
             for
             contribution
             for
             making
             or
             setting
             out
             of
             ships
             ,
             have
             been
             by
             Commissioners
             ,
             which
             by
             presumption
             had
             knowledge
             of
             such
             matters
             as
             commonly
             Sheriffes
             have
             not
             .
             Also
             this
             leaveth
             to
             the
             Sheriffe
             too
             great
             a
             power
             to
             value
             mens
             estates
             ,
             as
             to
             inhaunce
             whom
             he
             will
             ,
             &
             to
             favour
             whom
             he
             will
             .
          
           
             That
             the
             power
             to
             the
             Sheriffes
             &
             Maiors
             
             of
             townes
             ,
             &c.
             to
             imprison
             ,
             especially
             as
             it
             is
             used
             for
             
               non-payment
            
             of
             the
             mony
             ,
             is
             illegall
             ,
             and
             expresly
             against
             divers
             Statutes
             ;
             for
             it
             is
             provided
             by
             
               Magna
               Charta
               ,
               c.
            
             29.
             
             
               Quòd
               nullus
               capiatur
               vel
               imprisonetur
               ,
               nec
               super
               eum
               ibimus
               nisi
               per
               judicium
               Parium
               suor
               '
               vel
               per
               legem
               terrae
               .
            
          
           
             Also
             in
             5.
             
               Ed.
            
             3.
             
               cap.
            
             9.
             that
             none
             shall
             bee
             attached
             ,
             or
             his
             goods
             seized
             contrary
             to
             the
             forme
             of
             the
             great
             Charter
             .
          
           
             Also
             by
             the
             statute
             made
             
               Mich.
            
             37.
             
               E.
            
             3.
             
               cap.
            
             18.
             it
             is
             recited
             ,
             that
             by
             that
             great
             Charter
             none
             should
             bee
             taken
             or
             imprisoned
             but
             by
             due
             processe
             of
             law
             ,
             yet
             by
             colour
             of
             this
             Writ
             the
             Sheriffe
             may
             imprison
             any
             person
             ,
             yea
             any
             
             Peere
             of
             the
             Realm
             ;
             for
             although
             Peers
             are
             not
             to
             be
             arrested
             upon
             ordinary
             process
             between
             party
             &
             party
             ,
             as
             it
             was
             resolved
             in
             the
             Countesse
             of
             Rutlands
             case
             ,
             in
             
               Cok.
               l.
            
             6.
             
               fol.
            
             32.
             yet
             for
             a
             contempt
             ,
             and
             upon
             processe
             of
             contempt
             ,
             which
             is
             alwaies
             for
             the
             King
             ,
             any
             Peere
             may
             be
             imprisoned
             ,
             as
             it
             is
             resolved
             by
             all
             the
             Lords
             and
             all
             the
             Judges
             in
             the
             Star-chamber
             in
             the
             Earle
             of
             Lincolnes
             case
             :
             and
             so
             the
             Sheriffe
             by
             colour
             of
             this
             Writ
             may
             arrest
             any
             Peer
             ,
             as
             for
             a
             contempt
             in
             not
             paying
             ;
             but
             by
             the
             Booke
             case
             ,
             2.
             
             
               E.
               .
            
             3.
             
               fo.
            
             2.
             it
             is
             resolved
             ,
             that
             a
             Writ
             to
             imprison
             one
             upon
             suggestion
             before
             hee
             be
             indicted
             ,
             and
             without
             due
             processe
             of
             law
             ,
             was
             illegall
             ;
             so
             for
             the
             case
             I
             hold
             this
             Writ
             to
             be
             illegall
             .
          
           
             
             The
             last
             clause
             of
             this
             Writ
             is
             ,
             That
             by
             colour
             of
             this
             Writ
             more
             should
             not
             be
             gathered
             then
             will
             be
             sufficient
             for
             the
             necessary
             expences
             of
             the
             premisses
             ;
             and
             that
             none
             that
             levie
             any
             mony
             towards
             these
             contributions
             ,
             shall
             detaine
             the
             same
             with
             them
             ,
             or
             imploy
             the
             same
             to
             other
             uses
             :
             and
             that
             if
             more
             then
             did
             suffice
             were
             collected
             ,
             it
             should
             bee
             paid
             amongst
             those
             that
             paid
             ,
             after
             a
             rateable
             proportion
             .
             
             These
             are
             reasonable
             clauses
             ;
             but
             as
             the
             course
             is
             taken
             ,
             it
             is
             not
             to
             be
             performed
             :
             for
             no
             ship
             ,
             nor
             tackling
             ,
             nor
             munition
             ,
             nor
             men
             ,
             nor
             wages
             ,
             nor
             victuals
             being
             provided
             ,
             it
             is
             not
             to
             be
             known
             whether
             more
             be
             gathered
             or
             lesse
             then
             would
             suffice
             ;
             and
             there
             being
             mony
             gathered
             ,
             it
             is
             of
             necessity
             either
             detained
             with
             the
             Collector
             or
             Sheriffe
             ,
             or
             imployed
             to
             other
             uses
             then
             are
             appointed
             by
             the
             Writ
             ,
             so
             the
             writ
             is
             not
             performed
             ;
             and
             the
             money
             assessed
             and
             collected
             ,
             is
             not
             duely
             made
             nor
             collected
             ,
             and
             the
             mony
             assessed
             and
             unpaid
             ,
             cannot
             be
             duely
             demanded
             .
          
           
             Admitting
             that
             the
             Writ
             were
             legall
             ,
             &
             the
             
             commands
             therein
             legall
             ,
             yet
             the
             assessment
             ,
             as
             it
             is
             certified
             ,
             is
             not
             sufficient
             to
             charge
             the
             Defendant
             ;
             for
             it
             is
             not
             certified
             that
             any
             ship
             with
             munition
             &
             men
             ,
             and
             wages
             for
             men
             ,
             and
             victuals
             ,
             were
             prepared
             ,
             and
             this
             is
             a
             yeare
             after
             the
             time
             that
             it
             should
             have
             beene
             prepared
             &
             sent
             to
             Portsmouth
             ;
             and
             if
             it
             were
             not
             prepared
             ,
             there
             is
             no
             cause
             to
             charge
             the
             Defendant
             :
             and
             that
             not
             appearing
             to
             be
             done
             ,
             it
             shal
             be
             conceived
             not
             to
             be
             done
             ;
             for
             if
             a
             man
             be
             charged
             with
             mony
             in
             consideration
             of
             a
             
             thing
             to
             be
             done
             before
             a
             certaine
             time
             ,
             if
             the
             thing
             be
             not
             performed
             according
             to
             the
             time
             ,
             none
             can
             bee
             charged
             for
             not
             being
             contributory
             to
             it
             after
             the
             time
             is
             past
             ;
             for
             it
             is
             in
             nature
             of
             a
             condition
             precedent
             ,
             to
             have
             a
             duty
             or
             summe
             of
             mony
             to
             be
             paid
             after
             the
             condition
             performed
             ,
             and
             there
             he
             that
             will
             have
             the
             duty
             ,
             must
             shew
             that
             the
             condition
             is
             performed
             :
             This
             appeareth
             in
             the
             case
             of
             15.
             
               H.
            
             7.1
             .
             
               &
               Cok
               l.
            
             7.
             
               fo.
            
             9.
             
             
               Ughtrees
            
             case
             .
             And
             if
             the
             ship
             be
             not
             prepared
             according
             to
             the
             Writ
             ,
             nor
             mony
             imployed
             for
             preparing
             a
             ship
             ,
             for
             and
             in
             the
             name
             of
             the
             county
             ,
             then
             every
             one
             that
             paid
             any
             mony
             ,
             either
             voluntarily
             ,
             as
             in
             obedience
             to
             the
             Writ
             ,
             or
             compulsorily
             upon
             distresse
             ,
             may
             demand
             their
             mony
             again
             of
             the
             Sheriffe
             ,
             or
             of
             them
             that
             received
             it
             ;
             for
             as
             they
             paid
             their
             mony
             ,
             so
             it
             must
             be
             disposed
             of
             ,
             and
             cannot
             be
             disposed
             of
             otherwise
             by
             any
             cōmand
             whatsoever
             ,
             although
             it
             be
             under
             the
             great
             Seale
             ;
             for
             the
             command
             being
             under
             the
             great
             S●ale
             to
             prepare
             and
             furnish
             a
             ship
             to
             such
             purpose
             as
             in
             the
             Writ
             is
             mentioned
             ,
             and
             they
             paying
             it
             to
             that
             purpose
             ,
             it
             cannot
             bee
             otherwise
             disposed
             ,
             although
             it
             bee
             more
             for
             their
             
             advantage
             :
             for
             private
             men
             having
             interest
             therein
             ,
             that
             cannot
             bee
             taken
             from
             them
             ,
             no●
             dispenced
             withall
             ;
             therefore
             in
             
               Cok
               li
               .
            
             7.
             
               fol.
            
             27.
             in
             the
             case
             of
             penall
             laws
             it
             is
             resolved
             ,
             That
             if
             the
             penalty
             appointed
             to
             be
             forfeited
             upon
             a
             penall
             statute
             be
             given
             to
             the
             poore
             of
             the
             Parish
             where
             the
             offence
             is
             committed
             ,
             the
             King
             cannot
             dispense
             with
             the
             penalty
             for
             that
             offence
             ,
             because
             the
             poore
             have
             an
             interest
             therein
             ;
             but
             if
             the
             penalty
             be
             given
             ,
             part
             to
             the
             King
             ,
             and
             part
             to
             the
             poore
             ,
             the
             King
             may
             dispense
             with
             his
             owne
             part
             ,
             but
             not
             with
             the
             part
             of
             the
             poore
             .
          
           
             And
             where
             it
             is
             said
             ,
             
             that
             this
             is
             by
             way
             of
             accommodation
             ,
             because
             the
             country
             cannot
             well
             know
             how
             to
             provide
             to
             content
             ,
             and
             perhaps
             with
             more
             charge
             .
             
             To
             this
             is
             answered
             ,
             they
             must
             doe
             it
             at
             their
             perill
             ,
             if
             the
             Writ
             be
             legall
             ,
             and
             then
             if
             it
             be
             done
             ,
             they
             shall
             have
             the
             benefit
             thereof
             ;
             for
             as
             my
             brother
             
               Weston
            
             and
             my
             brother
             
               Berkley
            
             have
             both
             agreed
             ,
             if
             the
             ship
             were
             made
             when
             the
             service
             is
             done
             ,
             the
             county
             for
             which
             it
             was
             made
             shall
             have
             the
             benefit
             of
             the
             ship
             and
             the
             munition
             ,
             and
             of
             the
             service
             of
             the
             men
             ,
             being
             
             made
             more
             expert
             against
             another
             time
             ,
             and
             the
             ship
             may
             with
             some
             easie
             charge
             serve
             again
             ,
             and
             nothing
             lost
             but
             the
             expences
             of
             the
             victuals
             ,
             and
             the
             Kingdome
             shall
             be
             so
             much
             the
             more
             strengthened
             by
             having
             so
             many
             ships
             made
             or
             prepared
             ;
             and
             they
             may
             have
             account
             of
             their
             mony
             how
             it
             was
             bestowed
             ,
             and
             if
             any
             surplusage
             bee
             gathered
             ,
             to
             have
             it
             restored
             ;
             And
             that
             the
             law
             is
             so
             ,
             that
             if
             mony
             be
             received
             of
             the
             county
             ,
             and
             not
             imployed
             accordingly
             ,
             the
             party
             so
             receiving
             it
             is
             accountable
             to
             pay
             a
             fine
             for
             the
             same
             to
             the
             King
             ,
             and
             to
             the
             county
             for
             the
             money
             ,
             appeareth
             by
             two
             Records
             ,
             the
             one
             in
             Hill.
             16.
             
               E.
            
             3.
             
               rot
               .
            
             23.
             in
             the
             Kings
             Bench
             ,
             where
             two
             souldiers
             were
             indicted
             ,
             for
             that
             they
             8.
             
               E.
            
             3.
             taking
             3.
             li.
             a
             piece
             towards
             their
             armour
             ,
             and
             to
             the
             bringing
             them
             to
             the
             place
             where
             they
             were
             appointed
             to
             serve
             the
             King
             in
             England
             in
             warres
             ,
             went
             not
             ,
             but
             tarried
             still
             in
             their
             houses
             ,
             and
             retained
             the
             armour
             &
             the
             mony
             they
             had
             received
             for
             that
             purpose
             :
             They
             thereupon
             being
             convented
             ,
             pleaded
             not
             guilty
             ;
             and
             the
             one
             was
             found
             to
             go
             in
             service
             according
             to
             the
             appointment
             ,
             so
             hee
             was
             discharged
             :
             
             and
             the
             other
             was
             found
             that
             he
             received
             the
             mony
             ,
             and
             went
             not
             to
             doe
             the
             service
             ,
             nor
             restored
             the
             armes
             nor
             mony
             ;
             thereupon
             he
             was
             committed
             to
             the
             prison
             ,
             &
             paid
             to
             the
             King
             a
             fine
             ,
             and
             found
             sureties
             to
             pay
             the
             mony
             to
             the
             Hundred
             again
             ,
             from
             whom
             he
             had
             received
             it
             .
          
           
             The
             other
             was
             Hill.
             20.
             
               Ed.
            
             3.
             
               rot
               .
            
             57.
             in
             the
             Kings
             Bench
             ,
             where
             two
             high
             Constables
             were
             indicted
             for
             that
             they
             8.
             
               E.
            
             3.
             had
             received
             6.
             
             Markes
             of
             the
             townes
             in
             their
             Hundreds
             to
             set
             forth
             souldiers
             ,
             and
             had
             not
             set
             them
             forth
             ,
             but
             retained
             the
             mony
             ,
             which
             they
             denying
             ,
             it
             was
             found
             that
             they
             had
             received
             the
             mony
             for
             that
             purpose
             ,
             and
             disbursed
             41.
             s.
             6.
             d.
             thereof
             towards
             the
             setting
             forth
             of
             souldiers
             ,
             but
             had
             retained
             38.
             s.
             6.
             d.
             and
             not
             disbursed
             it
             ;
             thereupon
             they
             were
             fined
             and
             imprisoned
             ,
             and
             after
             inlarged
             upon
             sureties
             to
             pay
             the
             mony
             they
             had
             retained
             undisbursed
             at
             the
             next
             time
             when
             the
             King
             commanded
             souldiers
             for
             those
             parts
             ;
             By
             both
             which
             Records
             ,
             being
             for
             offences
             done
             so
             long
             before
             ,
             it
             appeareth
             that
             those
             that
             have
             received
             mony
             of
             the
             country
             to
             prepare
             ships
             ,
             they
             are
             answerable
             unto
             the
             King
             or
             his
             Successors
             to
             pay
             a
             fine
             for
             their
             
             imployment
             of
             it
             otherwise
             ,
             and
             are
             chargeable
             to
             those
             of
             the
             county
             of
             whom
             they
             received
             it
             ,
             for
             repayment
             thereof
             .
          
           
             
             For
             the
             last
             point
             I
             conceive
             ,
             that
             this
             
               Certiorari
            
             directed
             to
             the
             two
             that
             were
             late
             Sheriffes
             at
             the
             time
             of
             the
             assessment
             ,
             and
             not
             to
             the
             Sheriffe
             that
             was
             at
             the
             time
             of
             the
             
               Certiorari
            
             awarded
             ,
             who
             is
             the
             only
             and
             immediate
             officer
             to
             return
             the
             Writs
             ,
             is
             not
             legall
             ;
             for
             it
             is
             the
             first
             that
             hath
             beene
             seen
             of
             that
             kind●
             for
             all
             Writs
             are
             directed
             to
             some
             immediate
             Sheriffe
             ,
             requiring
             him
             to
             demand
             of
             the
             former
             Sheriffes
             what
             they
             did
             upon
             the
             former
             Writ
             ,
             and
             they
             are
             to
             returne
             to
             him
             what
             hath
             been
             done
             ,
             and
             he
             to
             return
             the
             same
             to
             the
             Court
             ,
             whereunto
             he
             is
             the
             immediate
             officer
             ,
             and
             the
             former
             are
             not
             any
             officers
             .
          
           
             So
             the
             
               Scire
               fac
               '
            
             thereupon
             grounded
             I
             conceive
             is
             not
             good
             ,
             also
             the
             
               Scire
               fac
               '
            
             to
             warne
             Mr.
             
               Hampden
               ad
               ostend
               ●i
               quid
               pro
               se
               habeat
               ,
               &c.
               quare
               de
               praedict
               viginti
               solid
               .
               onerare
               non
               debet
               ,
            
             not
             shewing
             to
             whom
             ,
             is
             uncertaine
             and
             insufficient
             .
          
           
             Thereupon
             I
             conclude
             upon
             the
             whole
             ma●er
             ,
             That
             no
             judgement
             can
             be
             given
             to
             charge
             the
             Defendant
             .
          
        
         
           FINIS
           .
        
      
       
       
         
           Iudgement
           was
           given
           against
           Mr
           
             Hampden
          
           by
           the
           greater
           part
           of
           the
           Iudges
           :
           And
           when
           the
           Iudges
           had
           delivered
           their
           opinions
           ,
           the
           Barons
           gave
           Iudgement
           
             Quod
             oneret●r
             ,
             &c.
             
          
        
         
           Afterwards
           in
           this
           present
           Parliament
           begun
           at
           Westminster
           ,
           
             3.
             
             Novembris
             ,
             Anno
             Dom.
             1640.
          
           the
           Commons
           took
           into
           their
           considerations
           the
           extrajudiciall
           opinions
           of
           the
           Iudges
           ,
           the
           Ship-writs
           ,
           and
           this
           Iudgement
           against
           Mr
           
             Hampden
             ;
          
           and
           being
           read
           openly
           in
           the
           House
           ,
           after
           long
           debate
           ,
           
             Die
             Lunae
             ,
             septimo
             die
             Decemb.
             1640.
          
           these
           foure
           severall
           Votes
           passed
           upon
           them
           ,
           without
           so
           much
           as
           one
           negative
           Voice
           to
           any
           of
           them
           :
           
             (
             viz.
             )
          
        
         
           THat
           the
           charge
           imposed
           upon
           the
           Subjects
           
           for
           the
           providing
           and
           furnishing
           of
           Ships
           ,
           and
           the
           assesments
           for
           raising
           of
           money
           for
           that
           purpose
           ,
           commonly
           called
           
           
             Spip-money
             ,
          
           are
           against
           the
           Laws
           of
           the
           Realm
           ,
           the
           Subjects
           right
           of
           Property
           ,
           and
           contrary
           to
           former
           resolutions
           in
           Parliament
           ,
           and
           to
           The
           Petition
           of
           Right
           .
        
         
           
           THat
           the
           extrajudiciall
           opinions
           of
           the
           Judges
           ,
           published
           in
           the
           Star-chamber
           ,
           and
           inrolled
           in
           the
           Courts
           at
           Westminster
           ,
           
             in
             haec
             verba
          
           ;
        
         
           
             THE
             CASE
             .
          
           
             Charles
             Rex
             .
          
           
             
               VVHen
               the
               good
               and
               safety
               of
               the
               Kingdome
               in
               generall
               is
               concerned
               ,
               and
               the
               whole
               Kingdome
               in
               danger
               ,
               whether
               may
               not
               the
               King
               by
               Writ
               under
               the
               Great
               Seal
               of
               England
               command
               all
               the
               Subjects
               in
               this
               Kingdome
               at
               their
               charge
               to
               provide
               and
               furnish
               such
               number
               of
               Ships
               ,
               with
               men
               ,
               victuall
               ,
               and
               munition
               ,
               and
               for
               such
               a
               time
               as
               hee
               shall
               think
               fit
               ,
               for
               the
               defence
               and
               safegard
               of
               the
               Kingdome
               from
               such
               danger
               and
               perill
               ,
               and
               by
               Law
               compell
               the
               doing
               thereof
               ,
               in
               case
               of
               refusall
               or
               refractorinesse
               ;
               
               And
               whether
               in
               such
               case
               is
               not
               the
               King
               the
               sole
               Judge
               both
               of
               the
               danger
               ,
               and
               when
               and
               how
               the
               same
               is
               to
               be
               prevented
               and
               avoided
               .
            
          
           
             
               C.
               R.
               
            
          
        
         
           
             THEIR
             OPINIONS
             .
          
           
             
               MAy
               it
               please
               Your
               most
               excellent
               Majesty
               ,
               We
               have
               ,
               according
               to
               Your
               Majesties
               command
               ,
               severally
               ,
               and
               every
               man
               by
               himself
               ,
               and
               all
               of
               us
               together
               ,
               taken
               into
               serious
               consideration
               the
               Case
               and
               questions
               signed
               by
               Your
               Majestie
               ,
               and
               inclosed
               in
               Your
               Letter
               :
               And
               we
               are
               of
               opinion
               ,
               That
               when
               the
               good
               and
               safety
               of
               the
               Kingdome
               in
               generall
               is
               concerned
               ,
               and
               the
               whole
               Kingdome
               in
               danger
               ,
               Your
               Majesty
               may
               by
               Writ
               under
               the
               Great
               Seale
               of
               England
               command
               all
               the
               Subjects
               of
               this
               Your
               Kingdome
               at
               their
               charge
               to
               provide
               and
               furnish
               such
               number
               of
               Ships
               with
               men
               ,
               victuall
               ,
               and
               munition
               ,
               and
               for
               such
               time
               as
               Your
               Majesty
               shall
               think
               fit
               for
               the
               defence
               &
               safegard
               
               of
               the
               Kingdome
               from
               such
               danger
               and
               perill
               ;
               and
               that
               by
               Law
               Your
               Majesty
               may
               compell
               the
               doing
               thereof
               in
               case
               of
               refusall
               or
               refractorinesse
               .
               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
               .
            
          
           
             In
             the
             whole
             ,
             and
             in
             every
             part
             of
             them
             are
             against
             the
             Lawes
             of
             the
             Realme
             ,
             the
             Right
             of
             Property
             ,
             and
             the
             liberty
             of
             the
             Subjects
             ,
             and
             contrary
             to
             former
             Resolutions
             in
             Parliament
             ,
             and
             to
             The
             Petition
             of
             Right
             .
          
           
             
             THat
             the
             Writ
             following
             
               in
               hae●
               verba
               :
               viz.
               
            
          
           
             
             CHARLES
             by
             the
             Grace
             of
             God
             King
             of
             England
             ,
             Scotland
             ,
             France
             ,
             and
             Ireland
             ,
             Defender
             of
             the
             Faith
             ,
             &c.
             
             To
             Our
             right
             trusty
             and
             welbeloved
             Councellor
             ,
             
               Thomas
            
             Lord
             
               Coventry
               ,
            
             Keeper
             of
             Our
             great
             Seal
             of
             England
             ,
             greeting
             .
             
             These
             are
             to
             will
             and
             require
             you
             ,
             that
             for
             the
             safegard
             of
             the
             Seas
             ,
             and
             defence
             of
             the
             Realme
             ,
             you
             issue
             forth
             or
             cause
             to
             be
             issued
             forth
             of
             our
             high
             Court
             of
             Chancery
             these
             ensuing
             Writs
             in
             the
             forme
             following
             ,
             with
             Duplicats
             of
             them
             ,
             under
             Our
             Great
             Seale
             of
             England
             ,
             unto
             the
             Counties
             ,
             Cities
             ,
             Townes
             and
             places
             hereafter
             ensuing
             ,
             and
             for
             so
             doing
             this
             shall
             be
             your
             warrant
             .
          
           
             
               
                 
                   
                     REx
                     ,
                     &c.
                     Vic.
                     Com.
                     nostri
                     Buck.
                     Ballivis
                     &
                     Burgensibus
                     Burgi
                     &
                     paroch
                     .
                     de
                     Buckingham
                     :
                     Maiori
                     ,
                     Ballivis
                     ,
                     &
                     Burgensibus
                     Burgi
                     de
                     Chepping
                     Wicombe
                     ,
                     
                       alias
                    
                     Wicombe
                     :
                     Ballivis
                     ,
                     Aldermannis
                     ,
                     &
                     Burgensibus
                     Burgi
                     de
                     Aylesbury
                     ,
                     ac
                     probis
                     hominibus
                     in
                     eisdem
                     Burgis
                     &
                     parochiis
                     ,
                     &
                     membris
                     eorundem
                     ,
                     &
                     in
                     Villis
                     de
                     Agmondisham
                     ,
                     Wendover
                     ,
                     &
                     Marlowe
                     magna
                     ,
                     ac
                     in
                     omnibus
                     aliis
                     Villis
                     ,
                     Burgis
                     ,
                     Villat
                     .
                     Hamlet
                     .
                     &
                     aliis
                     locis
                     in
                     dicto
                     Com.
                     Buck.
                     salutem
                     .
                     Quia
                     datum
                     est
                     nobis
                     intelligi
                     
                     quod
                     praedones
                     quidam
                     ,
                     Piratae
                     &
                     maris
                     Grassatores
                     tam
                     nominis
                     Christiani
                     hostes
                     ,
                     Mahumetani
                     ,
                     quam
                     alii
                     congregat
                     .
                     Naves
                     &
                     bona
                     ac
                     mercimonia
                     non
                     solum
                     Subditorum
                     nostrorum
                     ,
                     verumetiam
                     Subditorum
                     Amicorum
                     nostrorum
                     in
                     mari
                     ,
                     quod
                     per
                     gentem
                     Anglicanam
                     ab
                     olim
                     defendi
                     consuevit
                     ,
                     nefariè
                     diripientes
                     &
                     spoliantes
                     ea
                     ,
                     ad
                     libitum
                     suum
                     deportavere
                     ,
                     hominesque
                     in
                     eisdem
                     in
                     captivitatem
                     miserrimam
                     mancipantes
                     .
                     Cumque
                     ipsos
                     conspicimus
                     ,
                     Navigium
                     indies
                     praeparantes
                     ad
                     Mercatores
                     nostros
                     ulterius
                     molestand
                     .
                     &
                     regnum
                     gravand
                     .
                     nisi
                     citius
                     remedium
                     apponatur
                     ,
                     eorumque
                     conatui
                     virilius
                     obvietur
                     :
                     consideratis
                     etiam
                     periculis
                     quae
                     undique
                     his
                     guerrinis
                     temporibus
                     imminent
                     ,
                     ita
                     quod
                     nobis
                     &
                     Subditis
                     nostris
                     defensionem
                     maris
                     &
                     regni
                     ,
                     omni
                     festinatione
                     qua
                     poterimus
                     accelerare
                     convenit
                     :
                     Nos
                     volentes
                     defensioni
                     regni
                     ,
                     tuitioni
                     maris
                     ,
                     securitati
                     Subditorum
                     nostrorum
                     salvae
                     conductioni
                     Navium
                     &
                     Merchandizarum
                     ad
                     regnum
                     nostrum
                     Angliae
                     venient
                     '
                     .
                     &
                     de
                     eodem
                     regno
                     ad
                     partes
                     exteras
                     transeunt
                     '
                     .
                     (
                     auxiliante
                     Deo
                     )
                     providere
                     ;
                     maxime
                     cum
                     nos
                     &
                     Progenitores
                     nostri
                     Reges
                     Angliae
                     Domini
                     maris
                     praedict.
                     semper
                     hactenus
                     extiterint
                     ,
                     &
                     plurimum
                     nos
                     taederet
                     ,
                     si
                     honor
                     iste
                     regnis
                     nostris
                     temporibus
                     depereat
                     ,
                     aut
                     in
                     aliquo
                     imminuatur
                     .
                     Cumque
                     onus
                     istud
                     defensionis
                     quod
                     
                     omnes
                     tangit
                     ,
                     per
                     omnes
                     debeat
                     supportari
                     ,
                     prout
                     per
                     legem
                     &
                     consuetudinem
                     regni
                     nostri
                     fieri
                     consueverit
                     .
                     Vobis
                     praefat.
                     Vicecom
                     .
                     Maior
                     .
                     Ballivis
                     ,
                     Aldermannis
                     ,
                     Burgensibus
                     ,
                     probis
                     hominibus
                     ,
                     &
                     omnibus
                     aliis
                     quibuscunque
                     supramentionat
                     .
                     Villis
                     ,
                     Burgis
                     ,
                     Vill
                     .
                     Hamlet
                     .
                     &
                     locis
                     suprad
                     .
                     eorumque
                     membris
                     in
                     fide
                     &
                     ligeantia
                     quibus
                     nobis
                     tenemini
                     ,
                     &
                     sicut
                     Nos
                     &
                     honorē
                     nostr.
                     .
                     diligitis
                     ,
                     necnon
                     sub
                     forisfactur
                     .
                     omniumque
                     quae
                     nobis
                     forisfacere
                     poteritis
                     firmiter
                     injungend
                     .
                     Mandamus
                     ,
                     quod
                     unam
                     Navem
                     de
                     guerra
                     portagii
                     quadringent
                     .
                     &
                     quinquagint
                     .
                     doliorum
                     cum
                     hominibus
                     tam
                     Magistris
                     peritis
                     quam
                     Marinariis
                     valentioribus
                     &
                     expertis
                     ,
                     centum
                     &
                     octoginta
                     ad
                     minus
                     ,
                     ac
                     etiam
                     tormentis
                     tam
                     majoribus
                     quam
                     minoribus
                     pulvere
                     tormentario
                     ac
                     hastis
                     &
                     telis
                     ,
                     aliisque
                     armatur
                     .
                     necessar
                     .
                     pro
                     guerra
                     sufficien
                     .
                     &
                     cum
                     duplici
                     eskippamento
                     ,
                     necnon
                     cum
                     victual
                     .
                     usque
                     ad
                     primum
                     diem
                     Marcii
                     jam
                     proximè
                     sequentem
                     ad
                     tot
                     .
                     homines
                     competent
                     .
                     &
                     ab
                     inde
                     in
                     viginti
                     sex
                     septimanas
                     ad
                     custagia
                     vestra
                     tam
                     in
                     victual
                     .
                     quam
                     hominum
                     salariis
                     &
                     aliis
                     ad
                     guerram
                     necessariis
                     per
                     tempus
                     illud
                     super
                     defensionem
                     maris
                     in
                     obsequio
                     nostro
                     in
                     Cōmitiva
                     custodis
                     maris
                     cui
                     custodiam
                     maris
                     ante
                     praedictum
                     primum
                     diē
                     Martii
                     committimus
                     ,
                     &
                     prout
                     ipse
                     ex
                     parte
                     nostra
                     dictaver
                     .
                     moratur
                     .
                     praeparari
                     ,
                     &
                     ad
                     Portum
                     
                     de
                     Portesmouth
                     citra
                     dictum
                     primum
                     diem
                     Marcii
                     ,
                     duci
                     faciatis
                     :
                     Ita
                     quod
                     sint
                     ibidem
                     eodem
                     die
                     ad
                     ultimum
                     ad
                     proficiscend
                     .
                     exinde
                     cum
                     Navibus
                     nostris
                     &
                     Navibus
                     aliorum
                     fidelium
                     Subditorum
                     nostrorum
                     pro
                     tuitione
                     maris
                     &
                     defensione
                     vestrum
                     &
                     vestrorum
                     ,
                     repulsioneque
                     &
                     debell●tione
                     quorumcunque
                     quae
                     Mercatores
                     nostros
                     &
                     alios
                     subditos
                     &
                     fideles
                     praedictos
                     in
                     Dominia
                     nostra
                     ex
                     causa
                     Mercatur
                     .
                     se
                     diverten
                     .
                     vel
                     ab
                     inde
                     ad
                     propria
                     declinan
                     '
                     super
                     mare
                     gravare
                     seu
                     molestare
                     satagentium
                     .
                     Assignavimus
                     autem
                     vos
                     praefat.
                     Vicecom
                     .
                     com
                     .
                     nostri
                     Buck.
                     Maiores
                     &
                     Ballivos
                     Villarum
                     &
                     Burgorum
                     praedict.
                     aut
                     aliquos
                     sex
                     vel
                     plures
                     vestrum
                     ,
                     quorum
                     te
                     praefat.
                     Vic.
                     Com.
                     nostri
                     Buck.
                     unum
                     esse
                     volumus
                     ,
                     infra
                     triginta
                     dies
                     post
                     receptionem
                     hujus
                     Brevis
                     ad
                     assidend.
                     quantum
                     de
                     custagiis
                     praedictis
                     super
                     praedict.
                     Burg.
                     &
                     paroch
                     .
                     de
                     Buckingham
                     ac
                     praedict.
                     Burg.
                     de
                     Chepping
                     Wicombe
                     ,
                     
                       alias
                    
                     Wicombe
                     ,
                     &
                     praedict.
                     Burgi
                     de
                     Aylesbury
                     ,
                     cum
                     membris
                     eorundem
                     ,
                     &
                     vill.
                     .
                     de
                     Agmondisham
                     ,
                     Wendover
                     ,
                     &
                     Marlowe
                     magna
                     ,
                     cum
                     membr.
                     eorundem
                     ,
                     separatim
                     poni
                     aut
                     assideri
                     debeat
                     .
                     Et
                     si
                     hujusmodi
                     Assessamenta
                     infra
                     praedict.
                     triginta
                     dies
                     per
                     vos
                     sex
                     vel
                     plures
                     vestrum
                     fieri
                     non
                     contigerint
                     ,
                     tunc
                     assignavimus
                     te
                     praefat.
                     Vic.
                     Com.
                     nostri
                     Buck.
                     ad
                     assidend.
                     hujusmodi
                     super
                     praedict.
                     vill
                     .
                     &
                     
                     burgos
                     &
                     membr.
                     eorundem
                     faciend
                     .
                     prout
                     rationabiliter
                     videris
                     faciend
                     .
                     Et
                     volumus
                     quod
                     de
                     toto
                     facto
                     tuo
                     tu
                     praefat.
                     Vic.
                     Buck.
                     sub
                     sigillo
                     tuo
                     praedictos
                     Maior
                     .
                     &
                     Ballivos
                     reddas
                     certiores
                     .
                     Assignavimus
                     etiam
                     vos
                     praefat.
                     Ballivos
                     &
                     Burgenses
                     Burgi
                     &
                     paroch
                     .
                     de
                     Buckingham
                     ad
                     assidend.
                     omnes
                     homines
                     in
                     praedicto
                     Burgo
                     &
                     paroch
                     .
                     &
                     membris
                     eorundem
                     ,
                     &
                     terr
                     .
                     tenen
                     .
                     in
                     eisdem
                     (
                     Navem
                     vel
                     partem
                     Navis
                     praedict.
                     non
                     habentes
                     ,
                     vel
                     in
                     eadem
                     non
                     deservientes
                     )
                     ad
                     contribuend.
                     expens
                     .
                     circa
                     provisionem
                     praemissorum
                     necessar
                     .
                     &
                     super
                     praedictum
                     Burgum
                     &
                     paroch
                     .
                     cum
                     membr.
                     eorundem
                     sic
                     ut
                     praefertur
                     assidend.
                     &
                     ponend.
                     .
                     viz.
                     quemlibet
                     eorum
                     juxta
                     statum
                     suum
                     &
                     facultates
                     suas
                     &
                     portiones
                     super
                     ipsos
                     assessas
                     per
                     districtiones
                     aliosve
                     modos
                     debit
                     .
                     levand
                     .
                     Et
                     Collectores
                     in
                     hac
                     parte
                     nominand
                     .
                     &
                     constituend
                     .
                     &
                     omnes
                     eos
                     quos
                     rebelles
                     &
                     contrarios
                     inveneritis
                     in
                     praemissis
                     ,
                     carceri
                     mancipand
                     .
                     in
                     eod.
                     moratur
                     .
                     quousque
                     pro
                     eorum
                     deliberatione
                     ulterius
                     duxerimus
                     ordinand
                     .
                     Assignavimus
                     etiam
                     te
                     praefat.
                     Maiorem
                     Villae
                     &
                     Burgi
                     de
                     Chepping
                     Wicombe
                     ad
                     assidend.
                     omnes
                     homines
                     in
                     praed.
                     vill.
                     .
                     &
                     Burgo
                     ,
                     &
                     membr.
                     ejusdem
                     ,
                     &
                     terr
                     .
                     tenen
                     .
                     in
                     eisdem
                     Navem
                     vel
                     partem
                     Navis
                     non
                     habentes
                     ,
                     vel
                     in
                     eadem
                     non
                     deservientes
                     ad
                     contribuend.
                     expensis
                     circa
                     provisionem
                     praemisssor
                     .
                     
                     necessar
                     .
                     Et
                     super
                     praedictum
                     Burgum
                     cum
                     membris
                     ejusdem
                     sic
                     ut
                     praefertur
                     assidend.
                     &
                     ponend.
                     .
                     videl.
                     quemlibet
                     eorum
                     juxta
                     statum
                     suum
                     &
                     facultates
                     suas
                     &
                     portiones
                     super
                     ipsos
                     assessas
                     per
                     districtiones
                     aliosve
                     modos
                     debitos
                     levand
                     .
                     Et
                     Collectores
                     in
                     hac
                     parte
                     nominand
                     .
                     &
                     constituend
                     .
                     &
                     omnes
                     eos
                     quos
                     rebelles
                     &
                     contrarios
                     inveneris
                     in
                     praemissis
                     ,
                     carceri
                     mancipand
                     .
                     in
                     eod.
                     moratur
                     .
                     quousque
                     pro
                     eorum
                     deliberatione
                     ulterius
                     duxerimus
                     ordinand
                     .
                     Assignavimus
                     etiam
                     vos
                     praefat.
                     Ballivos
                     ,
                     Aldermannos
                     ,
                     &
                     Burgenses
                     Burgi
                     de
                     Aylesbury
                     praedict.
                     ad
                     assidend.
                     omnes
                     homines
                     in
                     eodem
                     Burgo
                     &
                     membris
                     ejusdem
                     &
                     terr
                     .
                     tenen
                     .
                     in
                     eisdem
                     (
                     Navem
                     vel
                     partem
                     Navis
                     praedict.
                     non
                     habentes
                     ,
                     vel
                     in
                     eadem
                     non
                     deservientes
                     )
                     ad
                     contribuend.
                     expensis
                     circa
                     provisionem
                     praemissorum
                     necessar
                     .
                     et
                     super
                     praedict.
                     Burgum
                     et
                     membr.
                     ejusdem
                     sic
                     ut
                     praefertur
                     assidend.
                     et
                     ponend.
                     .
                     videl.
                     quemlibet
                     eorum
                     juxta
                     statum
                     suum
                     et
                     facultates
                     suas
                     et
                     portiones
                     super
                     ipsos
                     assessas
                     per
                     districtiones
                     aliosve
                     modos
                     debitos
                     levand
                     .
                     Et
                     collectores
                     in
                     hac
                     parte
                     nominand
                     .
                     et
                     constituend
                     .
                     et
                     omnes
                     eos
                     quos
                     rebelles
                     et
                     contrarios
                     inveneritis
                     in
                     praemissis
                     ,
                     carceri
                     mancipand
                     .
                     in
                     eod.
                     moratur
                     .
                     quousque
                     pro
                     eorum
                     deliberatione
                     ulterius
                     duxerimus
                     ordinand
                     .
                     Et
                     ulterius
                     assignavimus
                     te
                     praefat.
                     Vic.
                     Com.
                     nostri
                     Buck.
                     ad
                     
                     assidend.
                     omnes
                     homines
                     in
                     praedictis
                     villis
                     de
                     Agmondisham
                     ,
                     Wendover
                     ,
                     et
                     Marlowe
                     magna
                     ,
                     et
                     in
                     membris
                     eorundem
                     ,
                     ac
                     in
                     omnibus
                     aliis
                     Villis
                     ,
                     Burgis
                     ,
                     Villat
                     .
                     Hamlet
                     .
                     et
                     aliis
                     locis
                     in
                     dicto
                     Com.
                     Buck.
                     et
                     terr
                     .
                     tenen
                     .
                     in
                     eisdem
                     (
                     Navem
                     vel
                     partem
                     Navis
                     praedict.
                     non
                     habentes
                     ,
                     vel
                     in
                     eadem
                     non
                     deservientes
                     )
                     ad
                     contribuend.
                     expensis
                     circa
                     provisionem
                     praemissorum
                     necessar
                     .
                     Et
                     super
                     praed.
                     Villas
                     ,
                     Burg.
                     Villat
                     .
                     Hamlet
                     .
                     et
                     locos
                     cum
                     membris
                     eorundem
                     sic
                     ut
                     praefertur
                     assidend.
                     et
                     ponend.
                     .
                     videl.
                     quemlibet
                     eorum
                     juxta
                     statum
                     suum
                     ,
                     et
                     facultates
                     suas
                     ,
                     et
                     portiones
                     super
                     ipsos
                     assessas
                     per
                     districtiones
                     aliosve
                     modos
                     debitos
                     levand
                     .
                     Et
                     collectores
                     in
                     hac
                     parte
                     nominand
                     .
                     et
                     constituend
                     .
                     et
                     omnes
                     eos
                     quos
                     rebelles
                     et
                     contrarios
                     inveneris
                     in
                     praemissis
                     ,
                     carceri
                     mancipand
                     .
                     in
                     eod.
                     moratur
                     .
                     quousque
                     pro
                     eorum
                     deliberatione
                     ulterius
                     duxerimus
                     ordinand
                     .
                     Et
                     ulterius
                     vobis
                     mandamus
                     quod
                     circa
                     praemissa
                     diligent
                     .
                     intendatis
                     ,
                     et
                     ea
                     faciatis
                     ,
                     et
                     exequamini
                     cum
                     effectu
                     sub
                     periculo
                     incumb
                     .
                     Nolumus
                     autem
                     quod
                     colore
                     praedicti
                     mandati
                     nostri
                     plus
                     de
                     eisdem
                     hominibus
                     levari
                     fac
                     .
                     quam
                     ad
                     praemissa
                     sufficiet
                     expensas
                     necessar
                     .
                     aut
                     quod
                     quisquam
                     qui
                     pecuniam
                     de
                     contributionibus
                     ad
                     praed.
                     custag
                     .
                     faciend
                     .
                     levaverit
                     ,
                     eam
                     vel
                     partem
                     inde
                     aliquam
                     penes
                     se
                     detineat
                     ,
                     vel
                     ad
                     alios
                     usus
                     quovis
                     quaesito
                     colore
                     appropriare
                     
                     praesumat
                     ,
                     volentes
                     quod
                     si
                     plus
                     quam
                     sufficiat
                     collectum
                     fuerit
                     ,
                     hoc
                     inter
                     solventes
                     pro
                     rata
                     portionis
                     ipsis
                     contingen
                     .
                     exsolvatur
                     .
                     T.
                     &c.
                     
                  
                   
                     
                       Convenit
                       cum
                       Recordo
                       &
                       exam.
                    
                     
                       Per
                       me
                       JOH.
                       CASSE
                       .
                    
                  
                
              
            
          
           
             And
             the
             other
             Writs
             ,
             commonly
             called
             the
             Ship-writs
             ,
             are
             against
             the
             Lawes
             of
             the
             Realme
             ,
             the
             Right
             of
             Property
             ,
             and
             the
             liberty
             of
             the
             Subjects
             ,
             and
             contrary
             to
             former
             resolutions
             in
             Parliament
             ,
             and
             to
             the
             Petition
             of
             Right
             .
          
           
             
             THat
             the
             Judgement
             in
             the
             Exchequer
             in
             Mr
             
               Hampdens
            
             Case
             ,
             a
             Transcript
             whereof
             followeth
             
               in
               haec
               verba
               :
               (
               viz.
               Quod
               separalia
               brevia
               praedicta
               &
               retorna
               eorundem
               ,
               ac
               schedul
               .
               praedict.
               eisdem
               annexat
               .
               ac
               materia
               in
               eisdem
               content
               .
               sufficien
               .
               in
               lege
               exist
               .
               ad
               praef.
               Ioh.
               Hampden
               de
               praedictis
               viginti
               solidis
               super
               ipsum
               in
               forma
               &
               ex
               causa
               praedict.
               assessis
               ,
               onerand
               .
               Ideo
               consideratum
               est
               per
               eosdem
               Barones
               ,
               quod
               praedictus
               Iohannes
               Hampden
               de
               eisdem
               viginti
               solidis
               oneretur
               ,
               &
               inde
               satisfaciat
               .
               )
            
             In
             the
             matter
             and
             substance
             thereof
             ,
             
             and
             in
             that
             it
             was
             conceived
             that
             Mr
             
               Hampden
            
             was
             any
             way
             chargeable
             ,
             is
             against
             the
             Laws
             of
             the
             Realme
             ,
             the
             right
             of
             Property
             ,
             the
             liberty
             of
             the
             Subjects
             ,
             and
             contrary
             to
             former
             Resolutions
             in
             Parliament
             ,
             and
             to
             the
             Petition
             of
             Right
             .
          
           
             These
             Votes
             were
             afterwards
             transmitted
             by
             the
             House
             of
             Commons
             to
             the
             Lords
             ,
             and
             delivered
             by
             Mr
             
               St
               Iohn
            
             now
             his
             Majesties
             Solicitor
             generall
             ,
             at
             a
             conference
             of
             both
             Houses
             of
             Parliament
             ,
             held
             16.
             
             
               Car.
            
             1640.
             
          
        
         
         
           
             Die
             Mercur.
             
               20.
            
             die
             Ian.
             
               1640.
               
            
          
           
             
               It
               was
               resolved
               by
               the
               Lords
               upon
               the
               question
               ,
            
             Nemine
             contradicente
             :
          
           
             
             THat
             the
             Ship-writs
             ,
             the
             extrajudiciall
             opinions
             of
             the
             Judges
             therein
             ,
             both
             first
             and
             last
             ,
             and
             the
             Judgement
             given
             in
             Mr
             
               Hampdens
            
             Case
             ,
             and
             the
             proceedings
             thereupon
             in
             the
             Exchequer
             Chamber
             ,
             are
             all
             illegall
             ,
             and
             contrary
             to
             the
             Lawes
             and
             Statutes
             of
             this
             Realme
             ,
             contrary
             to
             the
             Rights
             and
             Proprieties
             of
             the
             Subjects
             of
             this
             Realme
             ,
             contrary
             to
             former
             Judgements
             in
             Parliaments
             ,
             and
             contrary
             to
             the
             Petition
             of
             Right
             .
          
           
             
               Likewise
               resolved
               upon
               the
               Question
               ,
            
             Nemine
             contradicente
             :
          
           
             
             THat
             the
             extrajudiciall
             opinions
             inrolled
             in
             the
             Exchequer
             Chamber
             ,
             and
             in
             other
             Courts
             concerning
             Ship-money
             ,
             and
             all
             the
             proceedings
             thereupon
             are
             illegall
             in
             part
             
             and
             in
             whole
             ,
             and
             contrary
             to
             the
             Laws
             and
             Statutes
             of
             this
             Realm
             ,
             contrary
             to
             the
             rights
             and
             proprieties
             of
             the
             Subjects
             of
             this
             Realm
             ,
             and
             contrary
             to
             former
             Judgements
             in
             Parliaments
             ,
             and
             contrary
             to
             the
             Petition
             of
             Right
             .
          
        
         
           
             Die
             Veneris
             ,
             
               26.
            
             die
             Februarii
             ,
             
               1640.
               
            
          
           
             VPon
             the
             report
             of
             the
             Right
             Honourable
             the
             Lords
             Committees
             appointed
             to
             consider
             of
             the
             way
             of
             vacating
             of
             the
             Judgement
             in
             the
             Exchequer
             concerning
             Ship-money
             ,
             It
             was
             ordered
             by
             the
             Lords
             Spirituall
             and
             Temporall
             in
             the
             high
             Court
             of
             Parliament
             assembled
             ,
             That
             the
             Lord
             Keeper
             ,
             or
             the
             Master
             of
             the
             Rolls
             ,
             the
             two
             Lo
             :
             Chiefe
             Justices
             ,
             and
             the
             Lo
             :
             Chiefe
             Baron
             ,
             and
             likewise
             the
             Chiefe
             Clerke
             of
             the
             Star-chamber
             ,
             shall
             bring
             into
             the
             Upper
             House
             of
             Parliament
             the
             Record
             in
             the
             Exchequer
             of
             the
             Judgement
             in
             Mr
             
               Hampdens
            
             Case
             concerning
             Ship-mony
             ;
             and
             also
             the
             severall
             Rols
             in
             each
             several
             Court
             of
             K.
             Bench
             ,
             Common
             Pleas
             ,
             Exchequer
             ,
             Star-chamber
             ,
             
             and
             Chancery
             ,
             wherein
             the
             Judges
             extrajudiciall
             opinions
             in
             the
             Cases
             made
             touching
             Ship-money
             be
             entred
             ,
             and
             that
             a
             
               Vacat
            
             shall
             be
             made
             in
             the
             Upper
             House
             of
             Parliament
             of
             the
             said
             severall
             Records
             .
             And
             likewise
             the
             Judgement
             of
             Parliament
             touching
             the
             illegality
             of
             the
             said
             Judgements
             in
             the
             Exchequer
             ,
             and
             the
             proceedings
             thereupon
             ,
             and
             touching
             the
             illegality
             of
             the
             extrajudiciall
             opinions
             of
             the
             Judges
             in
             the
             said
             severall
             Courts
             concerning
             Ship-money
             ,
             be
             annexed
             and
             apostiled
             unto
             the
             same
             :
             And
             that
             a
             Copie
             of
             the
             judgement
             of
             the
             Parliament
             concerning
             the
             illegality
             of
             the
             said
             Judgement
             in
             the
             Exchequer
             ,
             and
             the
             said
             extrajudiciall
             opinions
             of
             the
             said
             Judges
             concerning
             Ship-money
             ,
             be
             delivered
             to
             the
             severall
             Judges
             of
             Assize
             ;
             And
             that
             they
             be
             required
             to
             publish
             the
             same
             at
             the
             Assizes
             in
             each
             severall
             County
             within
             their
             Circuits
             ,
             and
             to
             take
             care
             that
             the
             same
             be
             entred
             and
             inrolled
             by
             the
             severall
             Clerks
             of
             Assizes
             ;
             And
             if
             any
             entry
             be
             made
             by
             any
             
               Custos
               Rotulorum
               ,
            
             or
             Clerke
             of
             Assize
             ,
             of
             the
             said
             Judgement
             in
             the
             Exchequer
             ,
             or
             of
             the
             said
             extrajudiciall
             opinions
             of
             
             the
             Judges
             ,
             that
             severall
             
               Vacats
            
             be
             made
             thereof
             ,
             
               per
               judicium
               in
               Parliamento
            
             :
             And
             that
             an
             Act
             of
             Parliament
             be
             prepared
             against
             the
             said
             Judgement
             and
             extrajudiciall
             opinions
             ,
             and
             against
             the
             proceedings
             touching
             Ship-money
             .
          
           
             
               
                 
                   
                     
                       Memorandum
                       quod
                       vicesimo
                       septimo
                       die
                       Febr.
                       
                         1640.
                         
                      
                       Annoque
                       regni
                       Regis
                       Dn̄i
                       nostri
                       Caroli
                       Angliae
                       decimo
                       sexto
                       :
                    
                  
                   
                     
                       VAcatur
                       istud
                       Recordum
                       et
                       Iudicium
                       inde
                       habitum
                       per
                       considerationē
                       et
                       judicium
                       Dn̄orum
                       Spiritual
                       .
                       et
                       Temporal
                       .
                       in
                       Curia
                       Parliam
                       .
                       et
                       irrotulamentum
                       ejusdem
                       cancelatur
                       .
                    
                  
                   
                     
                       Memorand
                       .
                       quod
                       vicesimo
                       septimo
                       die
                       Feb.
                       prae●
                       .
                    
                  
                   
                     
                       IStud
                       Irrot.
                       et
                       omnia
                       et
                       singula
                       in
                       eodē
                       contenta
                       et
                       expressa
                       vacantur
                       per
                       judicium
                       Dn̄orum
                       Spiritualium
                       et
                       Temporal
                       .
                       in
                       Curia
                       Parliam
                       .
                    
                  
                
              
            
          
           
             ANd
             that
             all
             the
             Rolls
             be
             rased
             crosse
             with
             a
             pen
             ,
             and
             subscribed
             with
             the
             Clerke
             of
             the
             Parliaments
             hand
             .
             All
             which
             was
             accordingly
             done
             in
             open
             Court
             .
          
           
           
             
               After
               this
               it
               was
               resolved
               upon
               the
               Question
               ,
            
             Nemine
             contradicente
             :
          
           
             THat
             the
             resolutions
             of
             the
             Judges
             touching
             the
             Shipping-money
             ,
             and
             the
             Judgment
             given
             against
             Mr
             
               Hampden
            
             in
             the
             Exchequer
             ,
             and
             all
             the
             proceedings
             thereupon
             ,
             are
             against
             the
             Great
             Charter
             ,
             and
             therefore
             void
             in
             Law
             .
          
           
             
               Resolved
               upon
               the
               Question
               ,
            
             Nemine
             contradicente
             :
          
           
             THat
             
               Vacats
            
             and
             Cancellations
             shall
             be
             made
             of
             the
             Resolutions
             of
             the
             Judges
             touching
             the
             Shipping-money
             ;
             And
             of
             the
             inrolments
             thereof
             in
             the
             severall
             Court●
             ,
             and
             of
             the
             Warrants
             for
             Ship-writs
             ,
             and
             proceedings
             therein
             ;
             And
             the
             Judgement
             given
             against
             Mr
             
               Hampden
               ,
            
             and
             proceedings
             thereupon
             ;
             And
             that
             entries
             be
             made
             of
             those
             
               Vacats
            
             upon
             the
             severall
             Rolls
             ,
             according
             to
             the
             forme
             read
             in
             the
             House
             .
          
           
           
             
               Eodem
               die
               ,
            
          
           
             ORdered
             ,
             that
             these
             resolutions
             be
             added
             to
             the
             former
             Judgements
             of
             this
             House
             concerning
             Shipping-money
             ,
             which
             the
             Judges
             are
             to
             publish
             at
             the
             Assizes
             in
             their
             severall
             Counties
             ,
             and
             to
             be
             entred
             and
             inrolled
             in
             the
             severall
             Counties
             by
             the
             Clerk
             of
             the
             Assizes
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         
           
             In
             Iudge
             
               CROOKES
            
             Argument
             correct
             ,
          
           
             
               PAge
            
             3.
             
               l.
            
             13.
             reade
             
               valentioribus
               .
               l.
            
             15.
             r.
             
               pulvere
               .
               p.
            
             19.
             
               l.
            
             13.
             r.
             
               injusto
               .
               p.
            
             21.
             
               l.
            
             17.
             
               r.
            
             piccage
             .
             
               p.
            
             23.
             
               l.
            
             16.
             
               r.
            
             Commissions
             .
             
               p.
            
             28.
             
               l.
            
             7.
             
               r.
            
             proveth
             .
             
               p.
            
             29.
             
               l.
            
             2.
             
               r.
               proveth
               .
               p.
            
             30.
             
               l.
            
             2.
             
               r.
            
             Dane-guilt
             .
             
               p.
            
             35.
             
               l.
            
             6.
             
               r.
            
             394.
             a.
             
               p.
            
             57.
             
               l.
            
             3.
             
               r.
            
             Carlile
             .
             
               ibid.
            
             for
             35.
             
               r.
            
             30.
             
               p.
            
             70.
             
               l.
               penult
               .
               r.
            
             seek
             for
             such
             men
             ,
             
               &
               l.
               ult.
               dele
               ,
            
             for
             such
             men
             .
             
               p.
            
             74.
             
               l.
            
             7.
             
               dele
               ,
            
             and
             .
             )
             
               p.
            
             76.
             
               l.
            
             14.
             continue
             the
             line
             .
             
               p.
            
             101.
             in
             marg.
             for
             2.
             put
             3.
             
               p.
            
             106.
             
               l.
            
             15.
             
               r.
            
             so
             for
             that
             cause
             .
          
        
         
           
             In
             Iudge
             
               HUTTONS
            
             Argument
             :
          
           
             
               Page
            
             14.
             
               l.
            
             10
             ,
             11.
             
               reade
               ,
            
             and
             can
             admit
             no
             other
             .
             
               p.
            
             16.
             
               l.
            
             17.
             
               r.
            
             to
             be
             observed
             .
             
               p.
            
             17.
             
               l.
            
             19.
             
               r.
            
             humbly
             pray
             your
             Majesty
             .
             
               p.
            
             19.
             
               l.
            
             10.
             
               r.
            
             toll
             Traverse
             .
             
               p.
            
             24.
             
               l.
            
             20.
             
               r.
            
             Gasconie
             .
             
               l.
               ult.
            
             other
             Statutes
             .
             
               p
            
             35.
             
               l.
            
             21.
             
               dele
            
             (
             to
             Petitions
             )
             
               p.
            
             36.
             
               l.
            
             1.
             
               dele
            
             for
             .
             
               l.
            
             16.
             
               r.
            
             the
             record
             in
             Court
             .
             
               p.
            
             37.
             
               l.
            
             6.
             
               r.
            
             The
             Parliament
             roll
             recites
             .
             
               l.
               ult.
               r.
            
             fourth
             point
             .
             
               p.
            
             44.
             
               l.
            
             20.
             
               r.
            
             these
             illegall
             .
             
               p.
            
             46.
             
               l.
            
             9.
             
               r.
               per
               Gent●m
               .
               p.
            
             47.
             
               l.
            
             2.
             
               r.
            
             of
             Argiers
             .
             
               l.
            
             12.
             
               r.
            
             with
             all
             the
             other
             particulars
             .
             48.
             
               l.
            
             23.
             
               r.
            
             to
             lead
             the
             uses
             of
             those
             preceding
             .
             
               p.
            
             49.
             
               l.
            
             24.
             
               r.
            
             fol.
             68.
             
               p.
            
             50.
             
               l.
            
             22.
             
               r.
            
             it
             is
             very
             .
             
               p.
            
             55.
             
               l.
            
             9.
             
               dele
               ,
            
             not
             .
             
               p.
            
             57.
             
               l.
            
             17.
             
               r.
               Burton
               .
            
          
           
           
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A45252e-150
           
             28.
             
             
               Aprilis
               Anno.
            
             14.
             
             
               Car.
               Regis
               Annoque
               Do.
            
             1638.
             
          
           
             
               Buck.
               ss.
            
          
           
             This
             Writ
             is
             dated
             9.
             
             
               Martii
               An.
            
             12.
             
             
               Car.
               
            
          
           
             The
             Writ
             of
             
               Mittimus
            
             beares
             date
             the
             5.
             of
             
               May●
               Anno
            
             13.
             
             
               Car.
               Regis
               .
            
          
           
             An.
             9.
             
             H●n
             .
             3.
             
             Magna
             Charta
             cap.
             29.
             
          
           
             See
             the
             l●st
             chapter
             of
             Magna
             Charta
             cap.
             38.
             
          
           
             Statute
             of
             25.
             Edw.
             1.
             
          
           
             Stamford
             .
             fol.
             152.
             
          
           
             25.
             E.
             1.
             ca.
             5.
             
          
           
             The
             Stat.
             of
             25.
             Edw.
             1.
             cap.
             6.
             
          
           
             34.
             Edw.
             1.
             cap.
             1.
             
          
           
             14.
             Edw.
             3.
             cap.
             1.
             
          
           
             25.
             Edw.
             3.
             cap.
             8.
             
          
           
             Confirmed
             by
             an
             act
             of
             Parliament
             in
             4.
             Hen.
             4.
             
          
           
             1.
             Rich.
             3.
             cap.
             2.
             
          
           
             Anno
             3.
             Car.
             
          
           
             13.
             H.
             4.
             fo.
             14.15.16
             .
          
           
             37.
             H.
             1.
             
             Broke
             Paten●s
             Pla.
             100.
             
          
           
             14.
             H.
             4.
             fo.
             9.
             37.
             H.
             6.
             fo.
             27.
             8.
             H.
             6.
             fo.
             19.
             concurring
             .
          
           
             Fortescue
             in
             his
             booke
             de
             Laude
             legum
             Angliae
             fo.
             25.
             cap.
             9.
             
             He
             was
             made
             Lord
             chiefe
             Justice
             of
             the
             Kings
             bench
             ,
             Anno
             19.
             
             Hen.
             6.
             and
             made
             Chancellor
             of
             England
             as
             is
             said
             in
             the
             Booke
             .
          
           
             The
             same
             author
             .
             cap.
             36.
             fo.
             84.
             
          
           
             
               Object
               .
            
             1.
             
          
           
             
               Resp.
            
             1.
             
          
           
             
               Object
               .
            
             2.
             
          
           
             
               Resp.
            
             2.
             
          
           
             
               Object
               .
            
             3.
             
          
           
             
               Resp.
            
             3.
             
          
           
             
               Object
               .
            
             4.
             
          
           
             Ploy
             .
             fo.
             332.
             
             The
             Case
             of
             Mynes
             .
          
           
             fo.
             322.
             
          
           
             25.
             Edw.
             3.
             cap.
             1.
             11.
             H.
             4.
             fo.
             7.8
             .
          
           
             The
             Statute
             of
             7.
             H.
             cap.
             3.
             
          
           
             21.
             
             Iac.
             cap.
             2.
             
          
           
             21.
             
             
               Iac.
            
             cap.
             14.
             
          
           
             36.
             Edw.
             3.
             cap.
             10.
             
          
           
             Bracton
             fo.
             1.
             
          
           
             The
             Stat.
             of
             Winchester
             .
             13.
             Edw
             1.
             Libr.
             2.
             Edw.
             3.
             fol
             7.
             
          
           
             Vide
             ●e
             Register
             .
             fo.
             27
             ●
             .
          
           
             The
             Statute
             Winch.
             2.
             cap.
             28.
             
          
           
             Dr.
             and
             Student
             .
             fo.
             12.
             
          
           
             
               The
               third
               part
               .
            
          
           
             The
             first
             Precedent
             .
          
           
             Spelman
             .
             fo.
             200.
             
          
           
             
               Resp.
            
             1.
             
          
           
             34.
             Ed.
             1.
             cap.
             8.
             
          
           
             The
             commission
             bearing
             date
             the
             20.
             of
             November
             An.
             27.
             Edw.
             1.
             
          
           
             2
             Hen.
             4.
             Num.
             22.
             
          
           
             
               The
               fourth
               part
               .
            
          
           
             34.
             H.
             6.
             fo.
             14.
             
          
           
             17.
             H.
             8.
             
             Anno
             Dom.
             1525.
             
          
           
             The
             attempt
             to
             have
             a
             Benevolence
             for
             Queene
             Elizabeth
             .
          
           
             
               The
               fifth
               part
               .
            
          
           
             25.
             
             &
             26.
             Eliz.
             Cook
             l.
             9.
             f.
             1.
             in
             
               Dowmans
            
             Case
             .
          
           
             Coke
             li
             .
             4.
             
             Vernons
             case
             .
          
           
             Coke
             .
             l.
             5.
             f.
             68.
             le
             Signior
             Chenyes
             case
             .
          
           
             
               Excep
               .
            
             2.
             
          
           
             8.
             H.
             6.19.18
             .
             H.
             3.9
             .
             Eliz.
             
          
           
             The
             Scire
             fac
             .
          
           
             
               Reason
            
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             
               The
               sixt
               part
               .
            
          
           
             
               Mich.
            
             4.
             
               Iac.
               Bates
            
             his
             case
             .
          
           
             
               The
               Letter
               r●quiring
               answer
               was
               dated
               2.
               
               
                 F●b
                 .
              
            
             
               The
               answer
               7.
               
               
                 F●b
                 .
              
            
          
           
             
               Obj.
            
             upon
             the
             Def.
             generall
             Demurrer
             .
          
           
             
               Resp.
               
            
          
           
             Lib.
             4.
             fo.
             43.
             in
             
               Hudsons
            
             Case
             .
          
           
             Et
             fol.
             71.
             
             
               Hindes
            
             Case
             .
          
        
         
           Notes for div A45252e-5760
           
             The
             motives
             of
             the
             Writ
             ,
             which
             are
             five
             .
          
           
             The
             charges
             in
             this
             Writ
             are
             three
             .
          
           
             The
             commands
             of
             this
             Writ
             ,
             which
             are
             five
             .
          
           
             The
             end
             ,
             for
             which
             this
             ship
             is
             to
             be
             prepared
             .
          
           
             The
             clause
             of
             the
             ass●ssement
             for
             the
             expences
             .
          
           
             The
             purclose
             of
             the
             Writ
             .
          
           
             
               Object
               .
            
          
           
             
               Sol.
               
            
          
           
             
               Object
               .
            
          
           
             
               Sol.
               
            
          
           
             25.
             Edw.
             1.
             
          
           
             Ibid.
             cap.
             6.
             
          
           
             
               Object
               .
            
          
           
             
               S●l
               .
            
          
           
             Bod.
             fol.
             97.
             Edw.
             1.
             
          
           
             14.
             Ed.
             3.
             ca.
             1.
             
          
           
             
               Ob.
               
            
          
           
             
               Sol.
               
            
          
           
             21.
             Edw.
             3.
             p.
             2.
             m.
             11.
             
          
           
             22.
             Ed.
             3.
             m.
             16.
             
          
           
             ●5
             .
             Ed.
             3.
             m.
             8.
             
          
           
             
               Ob.
               
            
          
           
             
               Sol.
               
            
          
           
             13.
             H.
             4.
             nu
             .
             10.
             
          
           
             13.
             H.
             4.
             nu
             .
             33.
             
          
           
             
               Object
               .
            
          
           
             
               Sol.
            
             1.
             
          
           
             Cok.
             lib
             9.
             fo.
             1
             
          
           
             4.
             Ed.
             3.
             ca.
             14.
             
          
           
             36.
             Ed.
             3.
             c.
             10.
             
          
           
             4.
             Edw.
             3.
             
          
           
             Id
             est
             ,
             Walmesley
             ,
             &
             come
             Hutton
             ,
             Gla●vill
             a●xi
             .
          
           
             
               Ob.
               
            
          
           
             
               Sol.
               
            
          
           
             Bract.
             lib.
             3.
             fol.
             1●●
             .
          
           
             Plowd
             .
             com
             .
             fo.
             246
             ,
             247.
             
          
           
             Plowd
             .
             com
             .
             fol.
             487.
             
          
           
             21.
             Ed.
             3.
             fo.
             47.
             
          
           
             Cok.
             l.
             11.
             f.
             86.
             
          
           
             Doct.
             &
             Stud.
             fol.
             8.
             
          
           
             31.
             H.
             8.
             c.
             8.
             
          
           
             1.
             E.
             6.
             
          
           
             Bract.
             l.
             2.
             c.
             24.
             fol.
             55.
             
          
           
             Cok.
             l.
             7.
             fol.
             11
             
          
           
             Cok.
             l.
             7.
             fol.
             5.
             
          
           
             23.
             Ed.
             1.
             m.
             4.
             
          
           
             10.
             Ed.
             3.
             m.
             16.
             
          
           
             10.
             Ed.
             3.
             m.
             22.
             
          
           
             12.
             Ed.
             3.
             m.
             10.
             
          
           
             12.
             Ed.
             3.
             m.
             13.
             
          
           
             26.
             Ed.
             3.
             m.
             5.
             
          
           
             5.
             H.
             4.
             m.
             28.
             
          
           
             4.
             Hen.
             8.
             p.
             2.
             
          
           
             
               Ob.
               
            
          
           
             
               Sol.
               
            
          
           
             6.
             
             Joh.
             m.
             11.
             9.
             
             Joh.
             m.
             3.
             14.
             
             Joh.
             m.
             2.
             17.
             
             Joh.
             m.
             7.
             
          
           
             15.
             
             Joh.
             m.
             4.
             
          
           
             15.
             
             Joh.
             m.
             6.
             
          
           
             14.
             H.
             3.
             m.
             14.
             
          
           
             14.
             H.
             3.
             m.
             5.
             
          
           
             48.
             H.
             3.
             m.
             4.
             
          
           
             48.
             H.
             3.
             m.
             2.
             
          
           
             48.
             H.
             3.
             m.
             3.
             
          
           
             48.
             H.
             3.
             m.
             7.
             
          
           
             23.
             Ed.
             1.
             m.
             5.
             
          
           
             Ibid.
             
          
           
             24.
             Ed.
             1.
             m.
             17.
             
          
           
             24.
             Edw.
             1.
             Rot.
             62.
             
          
           
             24.
             Ed.
             1.
             m.
             16.
             
          
           
             24.
             Edw.
             1.
             ●ot
             .
             78.
             
          
           
             Ibid.
             
          
           
             24.
             Edw.
             1.
             Rot.
             81.
             
          
           
             24.
             Edw.
             1.
             int.
             Com.
             
          
           
             ☞
             
               Nota.
               
            
          
           
             24.
             Ed.
             1.
             m.
             9.
             
          
           
             24.
             Ed.
             1.
             m.
             26.
             
          
           
             25.
             E.
             1.
             m.
             12.
             
          
           
             Ibid.
             13.
             
          
           
             Ibid.
             14.
             
          
           
             21.
             Ed.
             1.
             m.
             20.
             
          
           
             23.
             Edw.
             1.
             Rot.
             77.
             
          
           
             Pat.
             9.
             Ed.
             2.
             par●
             2.
             
          
           
             Claus.
             20.
             E.
             2.
             m.
             8.
             
          
           
             20.
             Ed.
             2.
             m.
             10
             
          
           
             20.
             Ed.
             2.
             m.
             7.
             
          
           
             15.
             Ed.
             2.
             m.
             15
             
          
           
             15.
             Ed.
             2.
             m.
             15.
             
          
           
             16.
             Ed.
             2.
             m.
             13.
             
          
           
             19.
             Ed.
             2.
             m.
             6.
             
          
           
             2.
             Ed.
             3.
             m.
             92.
             
          
           
             Scot.
             7.
             Ed.
             3.
             m.
             19.
             
          
           
             10.
             Ed.
             3.
             m.
             25.
             
          
           
             Ibid.
             
          
           
             Scot.
             10.
             E.
             3.
             m.
             2.
             
          
           
             Scot.
             10.
             Ed.
             3.
             m.
             2.
             
          
           
             Scot.
             10.
             Ed.
             3.
             m.
             16.
             
          
           
             Scot.
             10.
             Ed.
             3.
             m.
             16.
             
          
           
             10.
             Edw.
             3.
             m.
             12.
             
          
           
             Scot.
             10.
             E.
             3.
             m.
             22.
             
          
           
             Ibid.
             
          
           
             Scot.
             10.
             Ed.
             3.
             m.
             21.
             
          
           
             Alm.
             12.
             Ed.
             3.
             m.
             12.
             
          
           
             Alm.
             12.
             Ed.
             3.
             m.
             13.
             
          
           
             Claus.
             12.
             Ed.
             3
             m.
             16.
             
          
           
             12.
             Ed.
             3.
             m.
             8.
             
          
           
             Alm.
             12.
             Ed.
             3.
             m.
             10.
             
          
           
             Alm.
             13.
             Ed.
             3.
             m.
             12.
             
          
           
             Claus.
             13.
             Ed.
             3
             m.
             35.
             
          
           
             Claus.
             13.
             Ed.
             3
             m.
             38.
             
          
           
             Claus.
             13.
             Ed.
             3
             m.
             14.
             
          
           
             Claus.
             13.
             Ed.
             3
             m.
             14.
             
          
           
             Scot.
             20.
             Ed.
             3.
             m.
             14.
             
          
           
             Ibid.
             
          
           
             20.
             Ed.
             3.
             m.
             15.
             
          
           
             Rot.
             Franc.
             21.
             E.
             3.
             m.
             31.
             
          
           
             Franc.
             25.
             E.
             3.
             m.
             20.
             
          
           
             ☞
             
               Nota.
               
            
          
           
             Franc.
             26.
             E.
             3.
             m.
             5.
             
          
           
             Franc.
             46.
             E.
             3.
             m.
             34.
             
          
           
             Franc.
             50.
             E.
             3.
             m.
             47.
             
          
           
             Scot.
             29.
             Ed.
             3.
             m.
             13.
             
          
           
             Franc.
             40.
             E.
             3.
             m.
             31.
             
          
           
             1.
             R.
             2.
             m.
             7.
             
          
           
             Eod.
             Rot.
             m.
             12
             
          
           
             Eod.
             Rot.
             m.
             42
             
          
           
             Scot.
             7.
             R.
             2.
             m.
             8.
             
          
           
             Franc.
             11.
             R.
             2.
             m.
             13.
             
          
           
             Scot.
             21.
             R.
             2.
             m.
             3.
             
          
           
             Rot.
             Vierg
             .
             1.
             H.
             4.
             m.
             11.
             
          
           
             Claus.
             1.
             H.
             4.
             m.
             12.
             
          
           
             Note
             ,
             that
             although
             this
             great
             danger
             be
             mentioned
             ,
             yet
             no
             command
             to
             any
             county
             to
             prepare
             ships
             .
          
           
             Pat.
             5.
             H.
             4.
             pars
             2.
             m.
             28.
             
          
           
             Pat.
             3.
             H.
             5.
             pars
             2.
             m.
             37.
             
          
           
             Pat.
             13.
             H.
             6.
             m.
             10.
             
          
           
             Pat.
             39.
             H.
             6.
             m
             
          
           
             Pat.
             39.
             H.
             6.
             m.
             12.
             
          
           
             Pat.
             39.
             H.
             6.
             m.
             1.
             
          
           
             Pat.
             10.
             Ed.
             4.
             m.
             12.
             
          
           
             Pat.
             10.
             Ed.
             4.
             m.
             13.
             
          
           
             Pat.
             49.
             H.
             6.
             m.
             22.
             
          
           
             Pat.
             1
             H.
             7.
             pars
             1.
             
          
           
             1.
             H.
             7.
             pars
             3.
             
          
           
             4.
             H.
             8.
             pars
             2.
             
          
           
             11.
             Elis.
             
          
           
             30.
             Edw.
             1.
             
          
           
             Trin.
             31.
             E.
             1.
             
          
           
             19.
             Ed.
             2.
             
          
           
             Hil.
             2.
             Ed.
             3.
             Rot.
             16.
             
          
           
             19.
             H.
             7.
             cap.
             1.
             11.
             H.
             7.
             cap.
             1.
             
          
           
             2.
             
             &
             3.
             E.
             6.
             c.
             2.
             
          
           
             
               Object
               .
            
          
           
             
               Sol.
               
            
          
        
         
           Notes for div A45252e-15690
           
             
               Memorād
               .
               quod
               xxvii
               .
               dic
               ●eb
               .
            
             1640.
             
               anno
               regni
               Dom.
               Regis
               Car.
            
             16.
             
               istud
               irrotul
               .
               &
               omnia
               &
               sing
               .
               in
               eodē
               contenta
               &
               express
               .
               vacant
               .
               per
               judic.
               Domi●
               .
               spū●liū
               &
               temporal
               .
               in
               Cur.
               
               Parliamenti
               .
               Per
               Ioh.
               Brown
               Cleric
               .
               Parliam
               .