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 King's Bench: TOGETHER WITH THE CERTIFICATE OF Sir JOHN DENHAM Knight, One of the Barons of the Exchequer: upon a Scire facias brought by the King's Majesty, in the Court of Exchequer, against John Hampden Esquire  
AS ALSO The several 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 several Rolls in each several Court, wherein the Judges extrajudicial Opinions in the Cases made touching SHIP-MONEY, are entered.  
LONDON, Printed by M. Flesher and R. Young, the assigns of I. More Esquire. 1641.   

THE argument OF Mr. Justice HUTTON. 
28. Aprilis Anno. 14. Car. Regis Annoque Do. 1638.   

A Scire facias brought by the King's majesty in the Exchequer against John Hampden. 
Buck. ss.   

The case upon the pleading appears to be this.  
THE King's Majesty, by his writ under the great seal of England, bearing date the fourth day of August, in the eleventh year of his reign, directed to the sheriff of the County of Buck and to the bailiff, and Burgesses, of the Borough, and parish of Buckingham, and to the Mayors of divers particular towns, in the said County of Buckingham; and to all honest men in the same, and in all the towns, Villages, and places in the said County, sendeth greeting: reciting that where he is given to understand, that certain Robbers, Pirates, and spoilers by Sea, as well enemies to the name of Christians, as Mahometans, and others being assembled together, not only to take and spoil 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 carry the men in those ships into most miserable captivity, and there keep them.  
And the King doth see that they daily provide ships to vex our Merchants, and grieve our kingdom, unless speedy remedy be provided therein: And considering the perils which in these times of war are everywhere 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 God's assistance) to provide, the rather for that he and his progenitors, Kings of England, have been Lords of the Sea.  
And where this charge of public defence which concerneth all, aught to be supported by all, as by the Laws and customs of this realm of England it had been done.  
Therefore the King by his Writ commanded, that a Ship of war of the burden of four hundred and fifty tons, fitted and furnished with all things necessary for war, 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 weeks then next following, and with wages for so many men of war for that time, to Portchmouth into the company of such other ships of our Subjects, and our own as shall be there, under the government of such a man, to whom before that day we shall commit the custody of the Seas; and to go from thence with the King's ships, and the ships of other our faithful Subjects, for the defence of the Sea, and the repulsing and overcoming of any whosoever, which shall molest and hinder the coming in, or going out of our Merchants, or others upon the Seas.  
A power is given by the writ to the sheriff, and to the Mayors, and any two of them for Corporate towns, whereof the sheriff to be one, to assess what sums the Mayors and Corporations shall pay towards this charge; if they do not, then to be done by the sheriff alone.  
A general power to the sheriff, to assess all the inhabitants of all other towns, Villages, Hamlets and places, and the Tertenants, other than such as shall have a part of the said ship, or shall serve in the said ship, to contribute towards the necessary expense 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 levy by distress or other due means.   

A power to name Collectors.  
And a power to commit to prison all such as the sheriff shall find rebellious, or contradicting the premises; There to remain until the King's majesty shall think fit to give order for their enlargement.  
And by virtue of this writ, Sir Peter Temple, than sheriff of the said County, did assess 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, 
This Writ is dated 9 Martii An. 12. Car.  directed to those sheriffs, which had been sheriffs betwixt the fourth day of August, in the eleventh year, and the first of March, then following, to certify what sum of money had been assessed upon the Defendant for contribution.   

They certified the said sum of twenty shillings.  
Then by Writ of Mittimus, 
The Writ of Mittimus bears date the 5. of May● Anno 13. Car. Regis.  out of the Chancery, bearing date the fift day of May, in the thirteenth year of the King's majesty's reign, 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 proceed against the Defendant, for the levying of the sum of twenty shillings, which he hath not paid, and proceed there to do that which of right, and according to the custom, aught to be 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 realm, the safeguard 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 tenors 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 year of the King's majesty's reign, against the said John Hampden, to show what he hath to say for himself, why the said sum so assessed upon him and not paid, ought not by him to be satisfied, and to do further what that Court should think fit to order.  
To which writ the Defendant appeared in trinity term, and prayed the sight of the writ of the fourth of August, and the Certiorare, and the Mittimus, and they are all entered (in haec verba.)   

Whereupon the Defendant did demur generally.  
And Master attorney general joined in demurrer, and the Record being read there and opened, the Court did adjourn it into the Exchequer Chamber, before any argument there at the bar.   

The sole Question is, Whether this Scire fac. doth lie or not.  
And I am of opinion that it doth not lie, 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 several Acts of Parliaments, and by some Authorities in books, and by some reasons, that the King's Majesty cannot at this day, impose any such charge in general upon all his Subjects as this is, without their consent in Parliament.  
Secondly, I will give answer to such objections, as have been made by the King's counsel, and by some of my Brothers, against these Statutes, and to such cases, as they have applied to prove the contrary.  
Thirdly, I will answer those precedents, which have been insisted upon, to prove that the like charge hath been before imposed by the King's progenitors, Kings of this realm; And I will show some precedents of more force to the contrary.  
Fourthly, I will insist upon the disuse of the attempt of imposing any such general charge, by this way, at any time since the beginning of the reign of King Henry the fourth, which is almost two hundred and fifty years since: And many other courses and kinds of attempts, for levying of moneys: 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 contain sufficient warrant, for the levying of such contribution: And that the matter which is added in the Mittimus, cannot supply or make the Writ of 4. Augusti sufficient: And that the Scire fac' itself is insufficient.  
Lastly, I will give some answer to that which heretofore was objected by Mr. solicitor: 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 Jones hath been long, and I will observe my own 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 do insist upon, is, That this power to charge the people of this realm at this day, by the King only, is taken away, bounded and limited by diverse Acts of Parliaments, to be done by consent of the Subjects, and only in Parliament.  

An. 9 H●n. 3. Magna Charta cap. 29.  First, by the Statute of Magna Charta it is enacted, that no freeman shall be taken or imprisoned or disseised of his freehold, or of his liberties, or free-customs, or outlawed, or exiled, nor by any means destroyed; neither will we come upon him, or send him to prison, but by lawful judgement of his peers, or by the Law of the Land.  
This Statute, as appears by the Inspeximus of King Edward the first, son 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 kingdom.  

See the l●st chapter of Magna Charta cap. 38.  And if you look upon the last Chapter of Magna Charta cap. 38. the King grants, that he and his heirs will for what concerns him well observe and keep the same in his kingdom, and will that as well clerks, as laymen shall observe the same: And this was not done for nought, for the clergy, and the communality, did give to the King for these liberties, the fifteenth part omnium mobilium, as appears in the same Chapter.  
And further in the said Chapter it is contained, that the said King, for him and his heirs did grant that neither he, nor his heirs should do 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 be 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 reign, 
Statute of 25. Edw. 1.  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, sheriffs 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, sheriffs, 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 realm.  
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 easy, 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 only power to distrain, but if any be rebellious or contrariant to the premises, to commit them to prison, there to remain until the King's majesty shall for their deliverance think fit to order otherways, are directly contrary to the express 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 been ever since, and now is put in use for the great privilege of the trial of the Peers of this realm for Treason or Felony: For there [peers,] is grounded upon the words of this Statute (viz.) per legale judicium parium suorum, as you may see in Stamford in his book of the Pleas of the crown, 
Stamford. fol. 152.  fol. 152.  
Then by the Statute of 25. Edw. 1. cap. 5. 
25. E. 1. ca. 5.  It is enacted, And for as much as diverse people of our realm are in fear, That the aids and taxes, that they have given to us beforetime towards our wars and other business, of their own grant and good will, howsoever they were made, might turn to a bondage to them and their heirs, because they might be at any other time found in the Rolls: And likewise the prizes taken by our Ministers through the realm, we have granted for us and our heirs, that we shall not draw any such aids, taxes or prizes, into a custom for any thing that hath been done before, be it by Roll or any other Precedent that may be found.  
And in the same Parliament in the sixt Chapter it is thus, We have granted for us and our heirs as well to Archbishops, Bishops, Abbots, 
The Stat. of 25. Edw. 1. cap. 6.  Priors, and other folk of holy Church, as also to Earls, Barons, and to all other the communality of the land, That for no business from henceforth, we shall take such manner of aids, taxes, or prizes but by the common consent of the realm, and for the common profit thereof: Saving the ancient aids and prizes due and accustomed.  
Observe the words in this Statute, that for no business he shall take any manner of aids, taxes or prizes, but by the common consent of the realm.  
The words of this Statute are so plain (for no business,) as they include all, and admit any exposition.  

34. Edw. 1. cap. 1.  Then in 34. Edw. 1. cap. 1. It is enacted, No tallage nor aid shall be taken or levied by us or our heirs in our realm without the good will and assent of Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other freemen of the land.  

14. Edw. 3. cap. 1.  Then by a Statute made in the fourteenth year of King Edward the third, it is in this manner; That whereas the Prelates, Earls, Barons, and Commons of our realm of England in our Parliament holden at Westminster upon Wednesday in midlent in the fourteenth year of our reign over England, and the first over France, have granted to us of their free and good will in aid of the speed of our great business which we have to do, as well on this side the Sea, as beyond, The ninth sheaf, the ninth fleece, and the ninth Lamb, to be taken by two years' next coming 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 foreign merchants and others which live not of grain nor of flock of sheep, the fifteenth part of their goods to the value, We willing to provide for the indempnity of the said Prelates, Earls, and other of the communality, and also of the Citizens, Burgesses, and Merchants aforesaid, will and grant for us, and our heirs to the same Prelates, Earls, 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 aid or to sustain the charge, if it be not by common consent of the Prelates, Earls, Barons, and other great men, and Commons of our said Realm of England, and that in Parliament.  

25. Edw. 3. cap. 8.  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 find men of arms, halberts, or archers, other than such as hold by such services, if it be not by common consent and grant in Parliament, for that is against the common right of the realm. Which last words, [for that is against the common right of the realm] are in the Parliament Roll, but left out of the printed books of the Statutes.  

Confirmed by an act of Parliament in 4. Hen. 4.  And this Act of Parliament is recited by an Act of Parliament, made in the fourth year of the reign of King Henry the fourth the 13. Chapter, and enacted and observed in all things.  

1. Rich. 3. cap. 2.  Then in the first year of King Richard the third, and the second chapter it is recited, That the Commons of this realm, by new and unlawful inventions, have been put to importune charge, especially by a new imposition called A benevolence; It is enacted, That the Subjects & communality 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, 
Anno 3. Car.  made in the third year of the King's Majesties own reign, 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 encroachments recited to be made upon the liberties of the Subject; And many particulars being recited, it is required to be enacted That no loan of money against the will and good liking of the Subjects, Billeting of soldiers, and Mariners in men's houses, there to sojourn against their wills, Commissions of martial laws in times of peace. They do therefore humbly pray you, that no man be hereafter compelled to yield 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 rely that this charge cannot be laid upon the Subject by this Writ only without the aid of some act of Parliament.   

Now for authorities of book cases, and other authorities concurring herewith.  

13. H. 4. fo. 14.15.16.  First, by the Case of 13. Hen. 4. fol. 14, 15, and 16. which were long debated, It appears 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 seal 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 return, that there was no such office, it is adjudged a good return; 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 special 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 leaf, 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, 
37. H. 1. Broke Paten●s Pla. 100  placito. 100 The King's majesty may erect Markets and fairs with tolls incident: For that concerns only such as will buy: but the King cannot grant toll Travert, 
14. H. 4. fo. 9 37. H. 6. fo. 27. 8. H. 6. fo. 19 concurring.  nor a thorough toll, nor alter or change Laws or customs of the realm, nor make land deviseable or gavelkind or Borough English, or change gavelkind or Borough English to be descendable to the heir; which is so agreed in divers Books.  
Then in the book of Fortescue of his commendation of the Laws of England; 
Fortescue in his book de Laude legum Angliae fo. 25. cap. 9 He was made Lord chief Justice of the King's bench, Anno 19 Hen. 6. and made Chancellor of England as is said in the book.  it is thus written in the ninth chapter the five and twentieth leaf, The King of England cannot alter or change the Laws of his realm at his pleasure; For why, he governeth his people by power, not only royal, but also politic: If his power over them were only royal, then he might change the Laws of his realm, and charge his Subjects with tallage and other burdens without their consent; And such is the dominion which the civil 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 politic; for he can neither change Laws without the consent of his Subjects, nor yet charge them with strange impositions against their wills. Rejoice therefore, O sovereign Prince, and be glad that the Laws of your realm, wherein you shall succeed, are such; For it shall exhibit to you and your people, no small security, and comfort.  

The same author. cap. 36. fo. 84.  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; nevertheless he is bound by the Law to pay therefore, either presently or at a day to be limited by the higher Officers of the house: For by the Laws he may take away none of his Subjects goods, without due satisfaction for the same; neither doth the King there either by himself, or his servants and officers, levy upon his Subjects Tallages, Subsidies, or any other burdens, or alter their Laws, or make new Laws without the express consent and agreement of his whole realm in his Parliament.  
And thus I have done with the positive part of my argument, and I will endeavour 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 been made by the counsel of the King at the bar; and by some of my Brothers in their arguments against these Statutes.  

Object. 1.  First, it hath been 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 alleged; 
Resp. 1.  Yet because it hath been 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 do conceive that he understood that Statute to be (as indeed it is) a forcible Statute against this imposition of a charge by Writ, without the consent of the Parliament.  

Object. 2.  The second objection was; That the words, aids, Tax, and Tallages, do not extend to this provision of Ships of war, and men for defence, and that there is no exception of the aids which are due to the King's Majesty, for making his eldest son Knight, nor aids for marriage, nor other aids by tenures.  
The answer is easy: 
Resp. 2.  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 aid or to sustain any charge.  
These are words so general, that all is comprehended which charges all; And for the aids of making the eldest son Knight, and the other aids, they are not general to charge all, but particular, such as are charged by tenure, and need no exception.  
And yet in the Statute of 25. Ed. 3. cap. 8. there is an exception (of other than those which hold by such tenure) which exception was needless, because no charge of any in particular is within any of the acts of Parliament; but such as are general, and extend to charge all the Subjects of the realm, as this doth.  
There hath been another objection made 
Object. 3.  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.  

Resp. 3.  To this there needs no other answer, than the Statute itself, First the preamble, and then the body of the Act, (viz.) That from henceforth, they shall not be compelled to make any aid or sustain any charge but by the common consent of the Prelates, Earls, Barons, Great men and Commons of our realm 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 realm of England, and of his wars in Scotland, France, and Gascoy, and elsewhere, during the said wars, This was a matter of the King's 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 been made, 
Object. 4.  first by my Brother Crawley, and after by others, and insisted upon by my Brother Jones, is; That this is a Prerogative, or power royal, so incident to the King's Majesty, that it cannot be taken away by any act of Parliament; And, as it was said, it is proprium quarto modo: And in proof thereof it was affirmed, that when there was in the beginning of King James his reign 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 been void.  
First, I do 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 appears by the case of 1. H. 7. of the disposing of the right of the kingdom, power of making war and Leagues, The power of the coin, and the value of coins, and many other monarchical powers and prerogatives, which to be taken away, were against natural reason, and are incidents so inseparable that they cannot be taken away by Parliament.  
And yet I will show you, and prove, that Acts of Parliament have bounded, limited, and qualified the King's ancient and inherent Prerogatives of like nature, and of as great importance as this is.  

Ploy. fo. 332. The Case of Mynes.  It it said in Ploydon, in the case of Mines, f. 332. That every Prerogative that the King hath, contains in itself 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 knight's service of the King in Capite, and had aliened that land in fee, without the King's 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 process.  

fo. 322.  And in the same book, fo. 322. The King's Majesty might by Prerogative have taken woods in any man's wood, for the repair of his Castles: but by the Statute of Magna Charta, cap. 21. he is excluded of that; The words are [Neither We nor our bailiff, nor any other for us] shall take wood of any other man's, to repair our Castles, nor to do 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. 
25. Edw. 3. cap. 1. 11. H. 4. fo. 7.8.  It is enacted that from thenceforth, neither he nor any of his heirs, 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 son of King Henry the third; And the Defendant pleaded this Statute, and upon debate and argument, although it was alleged, that this Statute had not been 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 proof, 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.  

The Statute of 7. H. cap. 3.  See the Statute of 7. H. 8. cap 3. The informer is limited to begin his suit within a year, and the King within two years and not after, hereby the King's Prerogative of Nullum tempus is taken away and limited to two years.  

21. Iac. cap. 2.  The Statute of 21. Iac. cap. 2. whereby our late King James of famous memory, was content to exclude himself, to make any title to lands, whereof he hath not been in possession, or which have not lawfully been put in charge within sixty years: But enacted, that such persons as do hold those lands, shall hold them still without trouble: And that Patent of concealment, or defective title, shall not be 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. 
21. Iac. cap. 14.  That where the King's Majesty by his royal Prerogative, may enforce the Subject in informations of intrusions, to plead specially, and to show his title, or to lose the possession: The King's Majesty out of his gracious disposition towards his loving Subjects, and at their humble suit (being willing to remit a part of his ancient regal power) is well pleased that it be enacted: And be it enacted; That where the King's Majesty hath been, or shall be out of possession, for the space of twenty years; or shall not have taken the profits of any lands, or tenements, within the space of twenty years; That in such case the Defendant may plead the general issue, if they think fit: And shall not be pressed to plead specially; And shall retain 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 special pleading, where an information may be fitly brought.  
By these and many other of the like nature; It must be agreed, that ancient, regal, and inseparable Prerogatives, and powers, may be, and have been qualified, bounded, and limited for the ease and benefit of the Subjects.  
And give me leave to say this of Parliaments, 
36. Edw. 3. cap. 10.  that they have been esteemed by the wisdom 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 redress of divers mischiefs, and grievances, which daily happen, it was enacted that a Parliament should be holden every year.  

Bracton fo. 1.  Another reason is, that they have been 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.  

The Stat. of Winchester. 13. Edw 1. Libr. 2. Edw. 3. fol 7.  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 adjoining, and a levy made of the Bishop of Coventry's 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 sheriff was appointed to attend there with the money levied.  
See the Register, 
Vide ●e Register. fo. 27 ●.  where it appears, that certain Messengers had from the Pope served process upon an Officer of the Court of Chancery, then held at York, to command him by those Bulls to appear at Rome; And for this contempt, the party who served the said process, was committed to the Castle at York: And at length the King's Majesty by the entreaty of divers of the Great men of the realm, 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.  

The Statute Winch. 2. cap. 28.  Then the Statute of Winchester 2. the twenty eighth chapter of Concordent Clerici in cancel. de novo brevi, vel attendent in prox. Parliamentum.  
The further necessity & estimation, which have been taken to be of Parliaments, is the number and frequency of them; For you may see by the commentaries upon Littleton, fo. 100 that before the Conquest, and in the conqueror's 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.  

Dr. and Student. fo. 12.  Another reason, as I conceive, to be collected out of the oath, which the Kings of this realm take at their Coronation, which is Printed in Magna Charta, whereby the King agrees to give consent to such laws, as shall be propounded for the profit and good of the kingdom.  
And that I conceive is the cause, that when Bills come up, being agreed by both the Houses; the King's Majesty, to those he doth not allow, or not like of, doth make no direct denial, but Le Roy le avisera. For nothing can be done without the King's 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 own ends, and designs, than the general 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, 
The third part.  that is, to give answer to such precedents as have been showed, and insisted upon, to prove that the Kings of this realm, have made such impositions, even in the matter of Shipping.  
And herein first they have insisted upon a tribute, 
The first Precedent.  or imposition called Danegelt, which was begun in Etheldred's 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 ten thousand pounds yearly, then increased to sixteen thousand, then to twenty four thousand, then to thirty six thousand yearly: 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 tax; King Henry the first granted to the Citizens of London to be quit, and free from Danegelt: And the same King about the thirtieth year of his reign, in redemption of his sin, did grant that Danicum Tributum should be totally released for seven years, 
Spelman. fo. 200.  as it appears in Sr. Henry Spelman's book entitled Glossarium, fol. 200.  

Resp. 1.  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 ensues 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 been put in use: For no man will maintain, that this tribute of Danegelt, can now be imposed at this day by the King's Writ, under the great seal, which it might be if these Statutes had not taken it away.  
And for this purpose, 
34. Ed. 1. cap. 8.  in the Statutes made in the four and thirtieth year of King Edw. 1. cap. 8. The King grants to clerks and laymen, that they shall have their laws, liberties, and free customs, as they have used the same at any time when they had them best; And if any Statutes have been made, or any customs 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 been 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 been mentioned, many of which, in my judgement, had been better to have slept in silence, then to have been spoken of in these times.  
But for a general answer to all such as have been showed 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 expressly taken away by the said Statutes; And to such as have been showed 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 lawfulness of this Taxation: besides, King Edward the third acknowledged that he had charged his people with great burdens, and desired that they might be forgotten; And that he was urged to it by necessity, and not for any ill end of his own, as appeared upon the reading thereof in Court.  

The commission bearing date the 20. of November An. 27. Edw. 1.  And lastly, there were many effectual precedents showed, that for imbarging of Ships, and for building of galleys at Bristol, specially set down in number, and the content, and so in divers Port towns: And they are enjoined, 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 
2 Hen. 4. Num. 22.  where divers Commissions were made to divers Cities, Boroughs, and Towns, to command the making of certain Barges, and Billingers without the assent of Parliament, and in another manner than had been done before; The Commons did pray the King, that the said commissions might be repealed, and that they should be 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 realm in case that the Wars do come, the King will commune of this matter with the Lords, and after he will show it to the Commons to have their consent.  
And so I leave those precedents, which together with some other Objections, have been fully answered by my brother Croke, and proceed to my further point.  

The fourth part.  THat is that since the time of Richard the second, and Henry the fourth, there have been no such thing attempted, and that this disuse is a sufficient matter to prove the unlawfulness; For since that time, though there have been in the reigns of many Kings, occasion of employments, both of ships for the defence of the Sea, and service of the Land, yet the course and order of defence hath been by several other ways: As by commissions to provide men for to serve for wages; And by Indentures of covenants, which were very frequent to be made between the captain, 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 modern times have been this way all for wages.  
This is proved by an Indenture made in the fifteenth year of Edward the fourth, and Sr. William Pirton Knight, reciting that the King had disposed of an Army of four thousand men for the narrow Seas, and the keeping of them; And that he should have constantly four hundred sixty men under him, for four months, The King's Majesty was to find the ships furnished with Guns, Powder, Artillery, and victual, and that the said William Pirton, should take wages for every of his company, (viz.) two shillings a week, and the times appointed for the payment thereof.  
And the eight and twentieth of King Henry the eight it appears, by a letter under the privy Signet then, when by command men were raised in the County of Lancaster, and by command coming towards the county of Lincoln, to aid the suppression of rebels, The rebels having submitted before they came, they were commanded to return, and for their charges in their entertainment, and conveying of them a reasonable bill should be made, and sent to the King by a trusty messenger, and he would cause a convenient recompense to be delivered accordingly.  
And for that which hath been insisted upon, that there hath been Commissions of Array, and provision for arms, and for preparing Armour from time to time; It is not to be denied, That first by several Statutes, as that of Winchester and divers since; The Armour, and Weapons, wherewith the Subjects of this realm have been charged, are several, and changed according to the variety of times, as things have grown out of use; And other manner of provision more serviceable and necessary, for which there have been directions for views, and for training, and disciplining of soldiers, to be prepared for defence; that this hath been in use no man can or ever could deny; or affirm the contrary: But the arms wherewith they were charged were their own proper goods; And in all the Prerogatives which have been before by Mr. Attorney general urged, that the King hath interest in men's goods, and to execute his writs by his sheriffs upon men's 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 thereof to others, as it appears in Ploydon in Manxells case which was vouched by Mr. Attorney general.  
This is very true, for this is a thing which the King is bound to do for the good of his Subjects.  
For as it is agreed in 34. H. 6. fo. 14. 
34. H. 6. fo. 14.  The King's Majesty is bound to keep his Courts of Chancery, and all his other Courts at his own charge; And 39 H. 6. fo. 40. The King is bound to do 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 be drawn, to warrant this provision of Ships, and men, and furniture for war, when the King will so appoint.  
But I conceive that it hath been 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 been for to have authorized the sheriffs to have levied moneys of the Subjects for that purpose; That then the Writ could not have given power to have done it, because that would have been expressly against the Statutes; And if that be granted, then considering that these Writs to the sheriffs, are accompanied with instructions, commanding and directing the levying of money, and proportioning what sum is to be raised in every County for that service; As in the County of York, and in the County of the city of York, the sum of twelve thousand pounds, and the sum of eight thousand pounds for the County of Lincoln: 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 endeavour hath ever been made for preparing any such Ship, or furniture, or men, as the Writ in itself purports, is not pursued, or warranted by this general levy of ship, money: for it is a rule, Id quod non fieri potest directe, ex obliquo fieri non debet.  
I confess that divers of the Kings of this Realm, have upon some pretended occasions, taken upon them by persuasion of some Great men in their time, and assumed a royal and monarchical power, to levy moneys by Commissions, and have extended that power very far, whereof you may read, That in the seventeenth year of King Henry the eight; 
17. H. 8. Anno Dom. 1525.  Cardinal Woolsie was charged to have been the cause of directing Commissions into all Countries, for the levying of the sixt part of all men's goods, and the sixt part of their Plate, for that the King was then determined to make war with France, and to pass the Sea himself: This being attempted by enforcing some, and sending others to prison, it grew to be so generally misliked, that the people rose up in divers Countries, and then the King disclaimed that it was done without his Privity: The Cardinal charged it to be done; first by the consent of the counsel; which they denied; then he charged the Judges to be consenting, which being untrue, the Cardinal took it to himself; And all the Commissions were recalled, you may see it at large set down in divers Chronicles: And in the latter times of our gracious Queen Elizabeth, upon pretence of want, for expeditions in Ireland, There was a general Benevolence required, and it went on for a time, and so far as it came to be voluntarily levied in the inns of Court; And I can speak it of my own knowledge, I paid a sum, I think but twenty shillings, 
The attempt to have a Benevolence for Queen Elizabeth.  & others paid likewise: But not long after (as it was said) when the Queen was informed, that this Benevolence was expressly against the Statute of Richard the third, and against the Laws, and distasteful; All the moneys levied was commanded to be restored and repaied, and mine was, and the rest was so to others, as I heard, and do 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 year of our gracious sovereign Lord the King's 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 legal or monarchical 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 realm with any general and public Charge, aid or Tallages, or burdens for any business, but only by their consent in Parliament, and no Usage, Precedent, or custom, 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 do absolutely believe, that if the King's Majesty had not been persuaded by some opinions, that this course was warranted by Law, and custom of the realm, that he would not have attempted the same.  
NOw I proceed to the fifth part; 
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 contains only these points, That there are many pirates 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 coming and traffiquing hither; and spoiling of our Merchants: And for that the Sea hath been, and aught to be defended by Gentem Anglicanam, And they inttending to trouble the kingdom;  
And we considering the danger everywhere now imminent, and desiring the defence of the realm, the safeguard of the Sea, the security of our Subjects, the safe conducting of the ships of our Merchants, & of their merchandizes, to come into our realm, and to go forth of the realm, and willing to provide for their aid, do therefore direct this Writ.  
Here is no matter of any public danger to all the Subjects, no intended coming upon the Land, but to rob and spoil as Pirates by Sea, and conspirators to molest Merchants, to hinder traffic, to take some prisoners, as have been done heretofore, sometimes by the Dunkirks, and many times by the pirates to Algiers.  
All this is but such a defence as doth require but the ordinary defence, to the which the King's Majesty is solely bound for to see performed, for the ordinary benefits, that he hath of customs, and Subsidies of Wines, and other profits, besides the tonnage and Poundage; And the Ships which are provided by the Cinque ports, for which they have many privileges.  
This matter contained in the Writ, by all the particulars, doth not comprise any general assault or attempt to be made for taking any towns, as hath been beforetime.  
Another reason to prove that the Writ doth not contain sufficient matter to induce a general 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 efficacy; For therein is contained, which is not in the Writ of 4. Augusti: Quod pro defension Regni, & tuitione maris; And for that, Salus Regni nostri Angliae & populi nostri periclitabatur: And the recital 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 been.  
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 Cook in his ninth book, 
25. & 26. Eliz. Cook l. 9 f. 1. in dowmans' Case.  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 Vernon's Case Anno 14. Eliz. adjudged 
Coke li. 4. Vernons case.  and reported by my Lord Coke in his fourth book upon the Statute of joynture● A man intending to make a jointure to his Wife to bar her of her Dower, maketh a feoffment of his land to the use of himself for his life, and then to the use of a friend for his life, and then to the use of his wife for a jointure; Although by success of time it happeneth that the friend die in the life of the feoffor, and so the wife's estate becomes immediate to begin upon her husband's death, and might have been a good jointure, if it had been so made at the first, yet this case is adjudged to be no jointure, for it was not good in the foundation, and that which was defective in the original, is no● good by any accident subsequent.  
And in the Lord Chenyes Case reported by my Lord Coke in his fift book, 
Coke. l. 5. f. 68 le Signior Chenyes case.  fo. 62. in the four and thirtieth year of Queen 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 original Will, and that no averment or subsequent proof of intention, or explanation can add or supply any thing to that original.  
And as in these cases the original foundation cannot be supplied by subsequent addition; So the Writ of 4. Augusti being the original, cannot be supplied by subsequent explanation.  

Excep. 2.  Another Exception is, that by the Writ, all the King's majesty's Subjects are to be rated and taxed to contribution, other than such as have part in the Ship, or else do serve therein. 
8. H. 6.19.18. H. 3.9. Eliz.  And hereby the sheriff of every County, must either not be taxed or not contribute, for it is inconvenient nor can be done, that every sheriff should tax himself.  
Next for the Writ of Certiorare, that is very unusual to be directed to two several sheriffs being then no sheriffs, to certify 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 sheriff, 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 itself, 
The Scire fac.  I am of opinion that it doth not lie, for many causes: 

First, 
Reason 1.  the sum so assessed doth not appertain to the King; And for the King's Majesty to have a Scire facias, for to enforce him to do or pay that which belongs to another, is not usual.  
Secondly, 
2.  it is not showed that any Ship, or provision of men, or munition, was prepared or provided, which is a contempt in the sheriff.  
Thirdly, 
3.  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, 
4.  the Scire facias ought to be awarded out of a Presentment, or Inquisition, whereby the matter may be found, whereby the King is entitled, or upon some Presentments which concern the commonwealth, as presentments that a common bridge is in decay, and that either a particular man is bound to repair it, or that it is in default of the County, or of the inhabitants of such a Hundred; And the like for repair of highways: 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 lie or aught 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 sheriff of Lancaster, reciting, That where Sr. John Langton had delivered divers sums of money to one Robert his Companion, to come to the King in aid of his wars in Scotland. And the said Robert did not come, but did spoil and take the Goods and Chattels of divers of our Subjects in the said County, and did rob, and spoil, and wast the goods of our Subjects to the Value of two thousand li. ut accepimus le Roy command to the sheriff, De attach the body of the said Robert, and he was attached, and did appear: And by his counsel alleged, 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 than 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 only by Mr Solicitor, 
The sixt part.  that the Judges had before given their opinions to warrant the legality of this charge, and subscribed their names.  
First, I do affirm, 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 kingdom in general is concerned, and the whole kingdom in danger, That then for the defence of the kingdom from such danger, the King may by Writ impose the provision of Ships with furniture and men.  
But if only there be pirates and Robbers of the Sea assembled together by Sea to rob, spoil, and take the goods and merchandises that are to be brought into the kingdom, and safe conducting of the Merchants from spoil, as no other particular thing is alleged in the Writ of 4. Augusti, I think it will be granted that this doth not by our opinions enable the King to make such a general charge upon that occasion.  
But if there were an intended Invasion, & that known to the King's Majesty whom it concerns 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 realm, 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 only to make a preparation of Ships. And in this case here doth not appear that there was not any one Ship provided or prepared by any sheriff.  
The King is the sole owner and Lord of the Sea, 
Mich. 4. Iac. Bates his case.  and hath power thereof: And as it was agreed in a notable Case that was adjudged in the Exchequer, Mich. the fourth year of King James, against one Bats, wherein I was then of council, the King may lay an Imposition upon foreign commodities to be brought into this realm, 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 freighted with Currants, & paid 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 bar, and at the Bench; and it wa●●djudg●d, that the Imposi●ion was lawful, 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 restrain 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 maintain the Ports, to provide for the safety of the Merchants, and to clear and scour the narrow Seas from pirates and Robbers, for the doing whereof was added the tonnage and poundage by grant in Parliament.  


The Letter r●quiring answer was dated 2. F●b.  
The answer 7. F●b.   Lastly, these sudden opinions, when Judges hear 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 known, we were not all of opinion, but the greater number then concurring, the Subscription was for conformity, as sometimes is used in such cases.  
Lastly, 
Obj. upon the Def. general Demurrer.  it hath been objected, that the Defendant by his general Demurrer hath confessed all the matters to be true which are surmised in the Scire facias.  
To this it is answered, 
Resp.  that a Demurrer confesseth the matters of fact which are sufficiently alleged; but such matters in fact as are not sufficiently alleged, those are not confessed, but left to the judgement of the Court.  
See these Cases so adjudged and resolved in these Books, 
Lib. 4. fo. 43. in Hudson's Case.  Coke Lib. 4. fo. 43. in Hudson's Case, 
Et fol. 71. hind's Case.  matter sufficiently alleged est confess: And according to this it is agreed in hind's Case, in the same Book, fol. 71.  
The very express 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 alleged; as where a matter of usury is alleged, and is not so sufficiently alleged, that it appears to be usury, the Demurrer doth not confess that to be usury, 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 confess the lawfulness thereof, nor the defect of the insufficient alleging of any matter which should have been 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 realm are Subjects, and not slaves; freemen, and not villains; and therefore not to be taxed De alto & basso, and at will, but according to the Laws of this kingdom.  
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 tenor 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 myself 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 sickness and weakness are greatly increased, insomuch that I cannot attend the business as I desire: And if my Opinion be required, it is for the plaintiff.  
JO: DENHAM. Sergeants-inn in Fleetstreet, 26. Maii; 1638.   

His second Certificate directed to the Lo: chief justice Bramston, 28. Maii, 1638.  
My Lo:  
Understanding 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 four Arguments, yet I delivered my opinion for the plaintiff, which I took to be Hampden, by reason it appeared by the Record, that he coming in upon process, Queritur se colore praemissorum graviter vexari, & hoc minus juste, &c. which satisfied me that he was plaintiff. And therefore I now declare my opinion for Mr Hampden, who did demur.  
I shall only 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 always been, That his Majesty can do no wrong. And thereupon ariseth another Rule in our Law, (which I give for my second Reason) That the King's 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 entitled either to the Lands, or goods of a Subject: As namely, where seizures of goods of a Subject is made for His Majesty, either upon Outlawries, Attainders, or matters of the like nature, as in Cases of seizure in the Court of Exchequer, where seizures are given by the Statute: yet without a Judgement in that Court, upon a trial 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 majesty's royal 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 Crook, Knight, one of the Judges of the King's Bench, upon the case of the Scire facias out of the Exchequer, against John Hampden, Esquire, decimo quarto Aprilis, Anno Domini, 1638.  
The Case is this upon the Record,  
THe King, by Writ under his great seal, dated 4to Augusti anno 11o of his reign, directed to the sheriff of the County of Bucks, and to all the men of that County, commandeth them in these words:  
Quia datum est nobis intelligi, 
The motives of the Writ, which are five.  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 defension 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 honour 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, 
The charges in this Writ are three.  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, 
The commands of this Writ, which are five.  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. 
The end, for which this ship is to be prepared.  Ita quòd sint ibidem eodem die ad ultimum ad proficiscend exinde cum navibus nostris, & navibus aliorum fidelium Subditorum nostrorum pro tuitione maris, & defension 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, 
The clause of the ass●ssement for the expenses.  Wendov', & Marlow 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. necessary.  
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. 
The purclose of the Writ.  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. necessary. 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 virtue 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 do for the levying of the sums 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 show cause why he should not be charged with this money. Upon this, he being summoned, appeareth, and demands the hearing of those Writs and Schedule, which being entered, thereupon he demurreth in law.  
And whether judgement upon this whole Record be to be given against John Hampden, that he is to be charged or no, that is the question: for he is the only party in this Case: And there is no cause, why any man should say, that the question is, Whether judgement should be given for the King, or for the Defendant; for, as this case is, the King is no party to the Record, but only it is a judicial process out of the Exchequer, grounded upon those former Records for the Defendant, to show cause why he should not be charged, which hath been very elaborately argued by the Defendants council (who demurred) that he should not be charged; and by the King's council 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 we read 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 alleged, that it concerneth the King in his Prerogative and power royal: And on the other side, that it concerneth all the King's Subjects in their liberties, their persons, and their estates: For which cause, it hath made some of us to wish and move among ourselves, that it might have been (by his majesty's favour) heard and determined in another place by his Majesty, and his great council of his realm: Where all conveniencies and inconveniencies might have been considered of, provided for, and prevented for present and future times, and not to be argued only by us, who are accounted his majesty's council at law; wherein if any thing be done amiss, the fault must light upon us, as misadvising 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 highness' Prerogative, which we are all bound by our oaths to the best of our skills to maintain, and not to suffer to be diminished; nor upon his royal power: but truly to deliver what I conceive the law to be concerning the Case in question.  
Wherein I must confess, I have been much distracted, having heard so learned Arguments on both sides at the bar; and so many Records and precedents cited on either side: But they did not so much move me; for the council 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 myself, by mine own experience, when I was at the bar, 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 me most, and maketh me most mistrust mine own judgement in this Case, is, That all my Brothers (who have all argued upon their oaths, and I presume, have seen the Records and precedents cited on either side) have all argued one way, with whose opinions I should willingly have concurred, if I could have satisfied mine own judgement with their reasons; but not being satisfied, I have learned, that I must not run with a multitude against mine own conscience: for, I must stand or fall unto mine own Master; and therefore I shall show mine own reasons, and leave myself to the judgements of my Lords, and others my Brethren: And whatsoever shall be adjudged, I must submit unto, and so do wish all others; and do now declare mine opinion to be, That, as this Case is, judgement ought to be 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 kingdom 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 legal proceeding, than the Demurrer is no confessing of the matter in fact.  
This appears in the Book Case of 5. Hen. 7. fol. 1. and Cook, lib. 5. fol. 69. in Burton's Case, that a Demurrer is no confessing in matters of fact; but where the matter precedent is sufficiently pleaded and laid down, and so it is holden in all our books.  
The second difficulty is, that this Case is so resolved by all our opinions under our hands, That this Writ was legal, which was much pressed by Master Solicitor.  
To this I answer, that it is true I have set down mine opinion under mine hand unto a Case in February 1636. which is, that when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, his Majesty may, by Writ under the great seal of England, command all his Subjects of this kingdom, at their charges to provide and furnish such number of ships with men, victuals, and munition; and for such time as his Majesty shall think fit for the defence and safeguard of the kingdom from such danger: And that his Majesty may compel the doing thereof (in case of refusal and refractoriness) and that in such case his Majesty is the sole Judge of the danger, and when, and how the same is to be prevented and avoided.  
To this opinion, I confess, I then with the rest of the Judges subscribed my hand: But I then disassented to that opinion, and then signified mine opinion to be, that such a charge could not be laid by any such Writ, but by Parliament; and so absolutely in that point one other did agree with me, 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 be absolutely resolved upon that opinion, some of them affirming, that they had seen divers Records and precedents 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 be usual 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 entered 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 than myself) was affirmed to be the continual 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 forbear their subscription. And that although we 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 we 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 mean time the King might be misinformed 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 doubtful: But it was then said, the King should be truly informed thereof. And thereupon, we that did dissent, did subscribe our hands with such protestations as aforesaid, only for conformity, although contrary to the opinion I then conceived.  
But this being before Arguments heard of either side, or any precedents 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 King's council to maintain this Writ, and why the Defendant is to be charged, and the Arguments of the Defendants council against the Writ, and their Reasons why the Defendant should not be charged to pay the money assessed upon them: And having duly considered of the Records and precedents cited and showed unto me, especially those of the King's 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 think it no shame to declare, that I do retract that opinion: for, Humanum est errare, rather than to argue against mine own conscience: And therefore now having (as I conceived) removed these difficulties, I proceed to my Argument, and shall show 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 illegal, and contrary to the Common law, not being by authority of Parliament.  
That if at the Common law it had been doubtful, yet now this Writ is illegal, being expressly contrary to divers Statutes prohibiting any general charge to be laid upon the Commons in general, without consent in Parliament.  
That it is not to be maintained by any Prerogative, or power royal, nor allegation of necessity or danger.  
That admitting it were legal, 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 soldiers at their charge, which are far remote from the Seas, is illegal, and not warranted by any former precedent, &c.  
I shall examine the precedents and Records cited to warrant this Writ, which have been all the principal grounds of the Arguments to maintain the same. And I conceive, there is not one precedent nor Record in any precedent time, that hath been produced and showed unto me, that doth maintain any Writ to lay such a charge upon any County, Inland, or Maritine.  
I will examine this particular Writ, and the several parts thereof, and do conceive that it is illegal, 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 soldiers and Mariners, is illegal, and contrary to the Common law, and divers Statutes.  
The power of assessment given to the sheriff alone, and to distrain for this, is illegal, and not warranted by any precedent.  
The power of imprisoning is illegal, and contrary to divers Statutes, and not warranted by the precedents.  
That the perclose of the Writ, & the practice of it is contrary to itself, and oppositum in objecto.  
If this Writ were legal, yet the manner of assessment by the sheriff, as it is certified, is not warranted by the Writ: So consequently this sum cannot be demanded of the Defendant by virtue of this Writ.  
That the Certiorari, and Scire facias, issued not out legally; and so consequently no judgement can be 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 aught appeareth by any Record that hath been showed; and where there was never any precedent before, by the rule of Master Littleton, fol. 23. the Law is not conceived to bear 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 bear it.  
So I conceive here, there never having been a precedent before of any such Writ to the sheriff 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 settleth a freedom 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 actual consent, or implicit, by a common ordinance, which they consented unto by a common assent in Parliament) it cannot be taken from them, nor their estate charged: And for this purpose, the law distinguisheth between bondmen, whose estates are at their Lord's will and disposition; and freemen, whose property none may invade, charge, nor take away, but by their own 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 down this Rule, Quod no●trum est, sine facto seu defectu nostro amitti, seu in ali●num transferri non potest.  
Master Lambert, fol. 24. setting down the laws 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 appears, there is an absolute freedom from all Tallage. 17. King John in Matt. Paris, fol. 246. The King doth grant and confirm 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 appears, what was then conceived to be, amongst others, their liberties, and then confirmed, which was, that no aid should be 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 chief Justice of England, and then chancellor of England in King Henry the sixth his time, when he wrote the book entitled, De laudibus Legum Angliae: For, fol. 25. cap. 9 he saith thus, That the King of England cannot alter nor change the laws of England at his pleasure.  
For, principatu non Regali, sed et politico ipse p●pulo suo dominatur: If his power were royal only, than he might change the laws, Tallagia quoque & caetera onera eis imponere, ipsis inconsultis; but adds, 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. he compares the King and Subjects of England to the head and body natural, 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 he in this place; but in fol. 84. cap. 36. he seems 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 seem so general, that in no case he may do it.  
So it appeareth by the book case, 13. H. 4. fol. 14. that the grant of the King which tendeth to the charge and prejudice of his people in general, is not good, unless by Parliament: But it is agreed there, that grants of Tolls, of fairs, 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 fairs, &c. and being very small and reasonable sums, the Law doth give allowance unto them: but if they were great sums, that tend to the charge of the people, the Law will judge them void.  
This appears in Sir Edw. Coke's Reports, lib. 5. fol. 63. in the Case of the Chamberlain of London, That an ordinance made by the Common council of London, where they have a custom by the said Common council, to make reasonable ordinances to bind all within the City concerning Clothes to be brought to Blackwell Hall, there always 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 public benefit of the City and commonwealth: And a pecuniary penalty laid for not performance of that ordinance was allowed. Ibid. fol. 64. in Clarke's Case is resolved, That an ordinance made by the assent of the plaintiff himself, and other Burgesses for the town of Saint Albon, of a small tax upon the inhabitants of the Town, towards the erection of the Courts, & other necessaries for the term to be kept there, It was allowed to be good, and did bind the plaintiff, being by the plaintiffs own consent, and for the public good of the Town.  
Also Coke, lib. 11. fol. 86. in Darcy's Case, citeth this out of Fitzherberts' nature. brev. fol. 122. That every grant of the King hath this condition in it, tacit or express, Quòd patria per donationes illas magis solito non oneretur, seu gravetur.  
And as by grant the King cannot charge his people, so neither can he 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 inquire by whose default any such breach happened, and to cause all that had lands and commons near adjoining, which may have benefit of enclosed marshes, or loss 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 be laid upon a County or town in general, but particular men that have benefit or loss, or may have loss or benefit thereby: And this is done upon inquiry of a Jury before the sheriff 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 be 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 level of such loss or benefit: And it must be certain and particular upon persons certain, by reason of land or profit, and cannot be laid in general; but in these Cases there is a particular loss 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 special Statute; for, De minimis non curat Lex: but in this case there is a general charge through the kingdom, which the Law doth not permit without common consent in Parliament.  

Object.  But it hath been alleged, that this charge hath been imposed for the provision of the public safety and defence of the kingdom; And may not this be done, when every one hath advantage by it?  
To this I say, 
Sol.  When eminent danger and cause of defence is, there must be 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 precedents, is bound per se & sua to defend the kingdom: And I think no man will be so unwise, but that he will exponere se & sua for the defence of the kingdom, when there is danger; for otherwise he is in danger to lose se & sua: But to lay a charge in general upon a kingdom, either for making or preparing of ships, or money in lieu thereof, is not to be done but by Parliament, when the charge is to be borne in general 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 King's Bench in a Writ of error, brought upon a Judgement given in Durham, where, in an action of trespass by William Heyborne against William Keylow, for entering his house, and breaking his Chest, and taking away 70. pounds in money, the Defendant pleading not guilty, the Jury found a special verdict, That the Scots having entered the bishopric with an Army into Durham, and making great burning and spoils, the commonalty of Durham met together at Durham, whereof the plaintiff was one, and agreed to send some to compound with them for money to depart, and were all sworn to perform what composition should be made, and to perform what ordinance they should make in that behalf: And thereupon they compounded with the Scots for 1600 Marks. But because that was to be paid immediately, they all consented, that William K●ylow the Defendant, and others, should go into every man's house to search what ready money was there, and to take it for the making of that sum, and that it should be repaid by the commonalty of Durham: And thereupon the Defendant did enter into the plaintiffs house, and did break open the Chest, and took the 70. pounds, which was paid accordingly towards that fine. The Jury were demanded whether the plaintiff was present, and did consent to the taking of the money; they said, No: Whereupon the plaintiff had judgement to recover the said 70. pounds, & damages; for that otherwise he 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 error in the King's Bench, and assigned his errors in point of judgement, and there the judgement was reversed:  
Because the plaintiff Heyborne had his sufficient remedy against the commonalty of Durham for his money.  
Because he himself had agreed to this ordinance, and was sworn to perform it; and that the Defendant did nothing but that he assented unto by his oath: and therefore is accounted to do nothing but by his consent, and as a servant unto him; therefore he was no trespasser: And therefore the judgement given in Durham was reversed, because he had assented to that ordinance; though he was afterwards unwilling, yet having once consented, his goods were lawfully taken: By which it appeareth, that if he 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 showeth what the Law was then conceived to be: For, Scroop the Lord chancellor then showed 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 kingdom 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 King's Coffers had not sufficient therein; the Record is, That they all agreed, that money sufficient could not be had without laying a charge upon the commonalty; which (say they) cannot be done without a Parliament: And the Lords themselves for the time did supply the said necessity with money they lent: which Record proved directly, that this charge, without an Act of Parliament, is illegal.  
So upon this reason I conclude, That this Writ compulsorily to charge the Subjects against their wills, is not warranted by any books, and therefore illegal.  
If this Writ should be allowed, great inconveniences would ensue, which the Law always will avoid, and not permit any inconveniences.  
That if such a charge may be laid upon the Counties by Writ, without assent of Parliament, than no man knoweth what his charge may be; for they may be charged as often as the King pleaseth, and with making as many ships, and of what burden, and with what charge of munition, victuals, and men, as shall be set down: 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 look to present times, but to all future times, what may follow upon their judgements.  
That this inconvenience may be, it appears by the Dane-geld, first appointed in time of necessity to redeem 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 be well awarded, it may be at pleasure what bounds it shall have.  
Also there were never but one single Subsidy, and two fifteens used to be granted in Parliament, until 31. Elis. and then a double Subsidy and four fifteens were granted, Sir Walter Mildmay then chancellor 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 showed great reasons for so moving of it, being immediately after the Spanish invasion: & so it was granted. Afterwards in 35. Elis. treble Subsidies, and six fifteens were granted: and in 43. Elis. four Subsidies and eight fifteens; and yet these were not accounted grievous, neither would it have been, if it had been 10. Subsidies, because in Parliament, and convenient times and means appointed for the levying of them.  
Tonnage and Poundage were granted to this end, 13. R. 2. (and have continued ever since by several grants) that the King might have moneys in his purse against time of need for extraordinary occasions; especially for the defence of the realm, and for guarding the Seas, as it is especially declared by the Statute of 1. Iac. and former Statutes.  
But it is said, 
Object.  that Tonnage and Poundage is not granted now to the King; Therefore the King is enforced to take these extraordinary courses.  
Though it be not granted, 
Sol.  yet I think 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 kingdom, and the guard of the Seas.  
Therefore in case of danger and necessity, every Subject, for defence of the kingdom, is bound Ligeanciae debito, as some Records say; and Ligeanciae suae vinculo astricti, as others speak: see & 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 go out of their Counties) at the King's 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 general, 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 sheriff to charge any man's estate at his pleasure, taxing some, and sparing others, as his affection leadeth him. And sometimes by colour thereof, levying more than he need, and enriching himself; which power the Law never alloweth him, although it were in less matters; as to make an assessment for the breach of the Sea walls, but to do it by a Jury, and not himself alone.  
So for these reasons I conclude this Writ is against the Common law, and so illegal.  
For the second point, I conceive, if the Common law were doubtful in this, whether such a charge might be imposed by Writ, yet now it is made clear by divers express 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 successors not to lay any such charge, every King being bound by oath to perform the Statu●es of his realm.  
The Statute of 25. Edw. 1. 
25. Edw. 1.  which is in these words:  
Forasmuch as divers people of our Realm are in fear, that the aids and taxes which they have given us before time towards our wars and other business of their own grant and good will (howsoever they were made) might turn to a bondage to them and their heirs, because they might be at another time found in the Rolls; and likewise for the prizes taken throughout our realm by our ministers, we have granted for us and our heirs, that we shall not draw any such aids, taxes, or prizes into a custom for any thing that hath been done heretofore by any Roll, or any other precedent that may be found.  

Ibid. cap. 6.  Ibidem, cap. 6. Moreover, we have granted for us and our heirs, as well to Archbishops, Bishops, Abbots, Priors, and other folk of holy Church; as also to Earls, Barons, and to all the commonalty of the land, that for no business from henceforth we shall take such aids, ●axes, ●or prizes, but by the common assent of the realm, and for the common profit thereof, saving the ancient aids and prizes due and accustomed; Which are the express words of that Statute.  
Now what those ancient aids were, is well known, viz. that they were ad redimendu● c●rpu●, ad f●lium pri●og●●it●● militem faciend● Et ad filiam pri●ogenitam miritandam; which aids concern not the Subjects in general, 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 kingdom.  
However, if this Salvo, as it hath been objected, would preserve this aid 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 custom, no● 〈◊〉 by the assent of this Realm, except the ancient aids and taxes.  
And there the taxes of wool of forty shillings a sack is released.  
Ibidem 2o. That no tallage by us or our heirs in our Realm be pu● or levied, without the assent of the Archbishops, Bishops, Earls, Barons, Knights● Burgesses, and other free Commons of our Realm, That nothing be taken from henceforth in the name, or by reason of Male tout of a sack of wool, Statutum de Tallagio non concedendo.  
Master solicitor laboured much to prove● 
Object.  that there was no such Statute de Tallagio non concedendo.  
First, for that it is not to be 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 attorney said, he would not deny it to be a Statute, neither would he affirm it; but yet it did not extend to take away the aid demanded by Prerogative, or power royal, for defence of the kingdom.  

S●l.  To this I answer, That it was never doubted to be a Statute, until this Argument; and that it is a Statute, appeareth,  
For that it is printed in the book 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 known 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 be the first chapter of the Statutes therein made, viz. in these words:  
No tallage or aid shall be taken or levied by us or our heirs in our realm, without the good will and assent of Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other Freemen of the land.  
And that it is a Statute, all my brethren the Judges have agreed.  
The only doubt than is, Whether this Statute extendeth to aids for defence of the kingdom: which I think it doth; for it is the precise words, That no tallage or aid shall be taken or levied, but by consent in Parliament: which extendeth to all manner of aids.  
Bodin saith, 
Bod. fol. 97. Edw. 1.  fol. 97. by a Law made in the time of Edw. 1. that it was provided and enacted, That no tax, tallage, nor aid shall be 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 foreign parts, and so held still to be a Statute in force.  

14. Ed. 3. ca. 1.  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:  
We, willing to provide for the indemnity of the said Prelates, Earls, Barons, and other the commonalty of the realm; and also of the Citizens, Burgesses, and Merchants aforesaid, will and grant for us and our heirs, to the same Prelates, Earls, Barons and Commons, Citizens, Burgesses and Merchants, that the same grant shall not 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 aid, nor sustain charge, if it be not by the common assent of the said Prelates, Earls, Barons, and other great men, and Commons of the said realm of England, and that in the Parliament: And that all the profits arising of the said aid, and of Wards marriages, customs, and Escheats, and other profits arising of our said realm of England, shall be set & dispended upon the maintenance of the safeguard of this realm of England, and of our wars of Scotland, France, and Gascoin, and in no place elsewhere during our said wars.  
By this statute it appeareth, that it is expressly provided, That the subjects should not be from thenceforth charged nor grieved to make any aid, nor sustain any charge, but by common assent, and that in Parliament; which is as express 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 towns whence they were, or sending men out of their Counties at the charges of the County.  
Now, where it is alleged by my brother Weston, and my brother Berkley, that this was but a temporary statute, and ended when his wars ended, which appeareth by the last clause, for employment of those profits of his Wards, &c. towards those wars: I conceive it appeareth to be an absolute and perpetual statute; for, it is granted for him and his heirs, which is in perpetuity: And also it appears by ploughed. his commentaries, fol. 457. in Sir Thomas Wroth's Case, where a grant is by the name of the King, which is in his politic capacity; this extended against him, his heirs and successors, although they be not named.  
Also the intendment of this Law appeareth to be for the security of the subjects from thenceforth for all future ages; and than the office of Judges is, as appears by Sir Edward Coke 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 be a perpetual security for them: and to little purpose it had been to make a statute to continue but during the time of the wars.  

Ob.  Also where it is alleged, 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.  

Sol.  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 realm, the Subjects shall not be compelled to contribute to any tax, Tallage, aid, nor other like charge not set by Parliament, in which this Statute is as well intended, as other Statutes, and as far, as if it had been expressly recited.  
Also it appeareth by all the books of Statutes, that this Statute is printed as a Statute continuing, whereas others expired, are so set down as expired.  
21. Edw. 3. pars 2. m. 11. 
21. Edw. 3. p. 2. m. 11.  A Subsidy being granted by Parliament, viz. forty shillings of every sack of wool transported before Michaelmas following; and six pence of every twenty shillings of merchandise, 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 until 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 sacks of wool until Easter.  

22. Ed. 3. m. 16.  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 wool longer than the Parliament had granted it; and provided, that it should not be continued longer than Easter by the procurement of no person.  
By this it appeareth, that the Parliament being careful, that the time for levying of a Subsidy granted, should not be enlarged by any power, much less would they admit of a Writ, to lay a charge without grant by Parliament.  

●5. Ed. 3. m. 8.  25. Edw. 3. m. 8. it was enacted, That no man should be compelled to find men at arms, other than such as hold by such services, except it be by common assent in Parliament.  
By this it appeareth, that if men be not compellable to find a man at arms, unless it be by common assent in Parliament, much less is any bound to be contributory to the preparing of a ship with 180. men at arms, and victuals, and wages of the soldiers for a time, unless 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 boroughs within the realm, to make Barges and Barringers, without assent in Parliament, and otherwise then hath been done before these hours; The Commons do pray the King, that those Commissions may be repealed, and that they may not be 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 he hath of such vessels for defence of the realm, in case that the wars shall happen, he will treat with his Lords of this matter, and afterwards will show it unto the Commons, to have their counsel and advice in this point: So by this Record it appeareth, that the Commons did conceive, That no Cities, Burroughes, nor towns, without assent in Parliament, were to be charged with the making of such vessels, to which the King agreeth: And from that day to this very day, (Until the making of these Writs) in no age (although the kingdom hath been many times in danger of invasion, and hath been invaded) there do appear any Records that ever I have seen, or any Writs directed to any towns or Cities, at their charges to make or prepare any ships or vessels whatsoever.  

Ob.  And whereas it hath been 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 confer with the Commons) is a gentle denial of that Act, as the experience is at this day: Roy se avisera, is a denial of an Act.  

Sol.  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 be made, went out ever since until this Writ.  
13. Hen. 4. nu. 10. 
13. H. 4. nu. 10.  A grant is of a Subsidy of wools, woolfells, Hides, and other things there mentioned, and of Tonnage and Poundage for one year, for the defence of the Marches of Callice, &c. and for the defence of the realm, and safeguard of the Sea: And therein is this express proviso, viz. Provided always, that this grant of a Subsidy of Wools, &c. and of Tonnage and Poundage in time to come, shall not be taken in example, to charge the Lords or Commons of this realm with any manner of Subsidy, for the safeguard of Callice, &c. nor for the defence of the realm, nor for the safeguard of the Seas, unless it be by the wills of the Lords and Commons of this realm; 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 realm, but by grant in full Parliament.  
13. Hen. 4. nu. 43. 
13. H. 4. nu. 33.  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 levy upon the sale of every Broad cloth, an half penny of the buyer, and an half penny of the seller; and upon sale of every hundred els of Canvas, a penny of the seller, and a penny of the buyer, wrongfully against the Statute in the time of your highness' Progenitors made to the contrary; by which it is ordained, That no tallage nor aid shall be granted nor levied, without assent and consent of the Lords and Commons of your realm, as by the said Statute fully is declared: Wherefore they pray, that such Letters Patents thereof made shall be 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 aid shall be levied without grant in Parliament.  
1. Ric. 3. cap. 2. It is enacted in these words: Our sovereign Lord the King remembering how the Commons of this realm by new and unlawful inventions, and inordinate covetice against the laws of this realm, have been 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 sums of money, &c.  
It is enacted and ordained, That the Subjects and Commons of this realm from henceforth shall in no wise be 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 realm hereafter; but shall be damned and adnulled for ever.  
By this it appeareth, that it is expressly 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 money shall be 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 year of his majesty's reign, 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 aid shall be laid or levied by the King or his heirs in this realm, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, and other the Freemen of the commonalty of this realm: And by a statute of 25. Edw. 3. That none shall be compelled to make any loans to the King, because such loans 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 realm, your Subjects have inherited this freedom, That they shall not be compelled to contribute to any tax, tallage, aid, nor other like charge not set by Parliament: And then they pray, that none hereafter be compelled to make or yield any gift, loan, benevolence, tax, 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 be done, as is desired, which is a full and perfect statute, showing in this point the liberties of the kingdom 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 be compelled to be contributory to any tax, tallage, aid, 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 assessment by colour thereof not lawful.  
Now, 
Object.  whereas the precedent Arguments have been, that the kingdom being in danger, therefore these Writs went forth for the making of ships, because there could not be so suddenly any Parliament called: And the Parliament is a slow body; and the kingdom may be lost, whilst there is consultation: And the danger is conceived to be very great, because the first Writ of 4. Augusti so mentioneth, that the Pirates provide a great navy to infest the kingdom, and it is fit with speed to provide a remedy; and that the Writ of mittimus mentioneth, that Salus Reipublicae periclitabatur: And we must believe these suggestions to be true; for the King's Certificate by this Writ is, Recordum superlativum, as Master solicitor and my brother Berkley termed it; and we must leave it upon the King's 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 be conceived, that the kingdom 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 be, that if a Parliament were called, they will not yield to the going forth of such Writs, although the kingdom 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 been expressly mentioned within a statute, that such a charge should not be imposed, it had been a void statute, and contrary to the Law, that the kingdom should not be defended.  
To all these I answer, 
Sol. 1.  That the matter now in question is upon the Writ of 4. Augusti, whether that be legal, or not; and the suggestions therein be 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 half after the first Writ) doth not help it. And this is not notified to the sheriff and Inhabitants of the County, to make them the more careful, and in the greater contempt, if a ship were not provided: but it is only 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 navy was prepared by the Pirates, but only mentioneth, Quia datum est nobis intelligi, that the Pirates had done such mischief, &c.  
If such suggestions had been absolutely set down, yet we are not always bound absolutely to believe them, because many times untrue suggestions are made in Writs and Patents; and yet it doth not lie upon the King's conscience, neither doth the Law impute any fault to the King, if any such be; for the Law doth always conceive honourably of the King, that he cannot, nor will not signify any untruth under his great seal; but is abused therein, and the Law imputeth it to them that so misinformed 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 down; but if it be illegal, the Demurrer confesseth it not, but is well offered for that cause.  
If the kingdom were in danger, yet a charge must not be laid in general upon the Subjects, without their consent in Parliament; for either the danger is near, and then present provision must be made by men's persons, and the present ships of the kingdom, which the King may command from all parts of his kingdom, as need shall require; but cannot command money out of men's purses, by distraining their goods, or imprisoning their persons: But if the danger be further off, by reason of any foreign combinations (as it is conceived it may be here) than provision must be made of ships by all the kingdom for defence; then (as Philip de Comines saith, fol. 179.) that cloud is seen afar off, before that the tempest fall, especially by a foreign war; and such invasions cannot fall so soon, 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 majesty (if he please) to call his Parliament, to charge his Commons by consent in Parliament to have a subsidiary aid, as always 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.  

Cok. lib 9 fo. 1  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 year; and oftener, if need require, in time of peace: so that it was then conceived, it was necessary to have Parliaments often to redress inconveniences.  

4. Ed. 3. ca. 14.  Also by a statute made 4. Edw. 3. cap. 14. It is enacted, that a Parliament shall be held once every year, and oftener, if need be: Also by a statute made 36. Edw. 3. cap. 10. 
36. Ed. 3. c. 10.  It is enacted, for redress of mischiefs and grievances that daily happen, a Parliament shall be holden every year; as another time was ordained by a statute, which I think referreth to 4. Edw. 3. 
4. Edw. 3.  Also it appeareth by the speed that was in the Parliament held in the third year of his majesty's reign, five Subsidies were granted, two of them to be paid within few days after the Session of Parliament ended; and therefore might (as this case is) been ordered and provided for by Parliament, within seven months, as the time was between 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 kingdom might have been lost:  
It is answered, That it is not to be pre●umed, that the Parliament would deny to do that which is fit for the safety and defence of the kingdom, their own estates and lives being in danger if the kingdom 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 confess I do think, if it had been 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 been made with most conveniency, and not to leave it to the sheriff to tax them when and how he would.  
To that which hath been said, That this charge is not within the intention of the statutes, and that a statute to prohibit such a charge for defence were void: I answer, That it is true, if a statute were that the King should not defend his kingdom, it were void, being against Law and Reason; but a statute that money shall not be charged or levied, nor that men shall be charged to make or prepare ships at their own charges, without common consent in Parliament, I conceive it a good Law, and agreeable to Law and Reason; and the King may by Parliament restrain himself from laying such a charge but by consent: And then the King, being a just and pious King as ever governed the kingdom (which we 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 kingdom, 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 be permitted to present to Benefices, That he was bound by his Oath to see that and other laws in force and not repealed, to be performed, That he would not suffer such charges to be laid, contrary to the laws and Statutes of his realm, and would do as the late famous Queen Elisabeth did, having required a charge upon divers her Subjects by particular letters from the Lords of her council of several sums of money, for present help towards her wars in Ireland, 
Id est, Walmesley, & come Hutton, Gla●vill a●xi.  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 be imposed, there being an express statute against it, which he being a Judge, was bound by his Oath to signify; he being, as much as in him was to be, a conservator of the Queen's Oath in that behalf: The Queen, I say, was very angry, that such an imposition had been made against Law, and commanded, that it should be stopped from further gathering, and to some that had paid their moneys, the same were restored: and therefore the principal and only fault in the charging of his Subjects by these Writs (if they be unlawful, as I conceive they are) is in those that devised them, and informed him that they were lawful, and such as his progenitors had from time to time used to send out; and in his Judges, who have affirmed it to be lawful: Therefore upon this point I conclude, That this charge by this Writ is illegal, and is no sufficient cause to charge the Defendant.  

Ob.  Where it hath been much urged and argued by Master solicitor and Master Attorney, that this Writ is warranted by the King's Prerogative and power royal, to send forth such Wri●s for defence and safety of the kingdom in time of danger;  

Sol.  To this I answer, That I do not conceive, that there is any such Prerogative; for if it were a Prerogative, I should not offer to speak against it: for it is part of our oaths that are Judges, to maintain the King's Prerogative to the best of our skills, and not to suffer the same to be diminished; but if it be (as I have argued it is) against the Common Law, and against so many Statutes, that the Subjects should be enforced to sustain, or to contribute to any charge, without their especial assent, and common assent in Parliament, than there is no such Prerogative: For whatsoever is done to the hurt or wrong of the Subjects, and against the laws 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 books; 
Bract. lib. 3. fol. 1●●.  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 book of his Reports, in the Case of Magdalen college, where the question was, Whether Queen Elisabeth, having taken a long Lease of a college, being conceived to be 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.  

ploughed. come. fo. 246, 247.  Plowdens Comment. fol. 246. & 247. in the Lord Berkley's Case it is said, that the Prerogative of the King cannot do wrong, and his Prerogative cannot be any warrant to do any wrong to any.  

ploughed. come. fol. 487.  Plowdens Comment. fol. 487. in Nichols Case, it is said by Justice Harper, Although the common law doth allow many prerogatives to the King, yet it doth not allow any that he shall wrong or hurt any by his Prerogative.  

21. Ed. 3. fo. 47.  21. Edw. 3. fol. 47. in the Earl of Kent's Case it is said, That if the King under his great seal do make any grant to the hurt of any other, he shall repeal and avoid it Iure Regio; for the King is accounted to be abused by untrue suggestions, when he is drawn to do 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 general.  
Sir Edward Coke, 
Cok. l. 11. f. 86.  lib. 11. fol. 86. in Darcy's 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 book called Doctor and Student, 
Doct. & Stud. fol. 8.  fol. 8. setting down, that the Law doth vest the absolute property of every man's goods in himself, 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 damages: And sure I conceive, that the party that doth this wrong to another, shall, besides the damages to the party, be imprisoned, and pay a fine to the King, which in the King's Bench is the tenth part of as much as he payeth to the party: So then, if the King will punish the wrong of taking of goods without consent between party and party, much more will he not by any Prerogative take away any man's goods without his assent, particular or general.  
So I conclude, that I conceive there is not any such Prerogative, to award such Writs, to command men to sustain such charge, or to be contributory to it, and to be distrained or imprisoned for not payment thereof.  
Also I conceive, that this is not an Act of royal power; for if it be illegal to impose such a charge, than is it not accounted as a matter of royal 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 he can do no wrong, but it is imputed unto them who advised him to this course.  
Royal power, I account, is to be used in cases of necessity and imminent danger, when ordinary courses will not avail; 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 martial Law may be used, and may not stay for legal proceedings; but in a time of peace and no extreme necessity legal courses must be used, and not royal power.  
Therefore, where by the Statute of 31. H. 8. 
31. H. 8. c. 8.  cap. 8. which was made upon suppression of abbeys, when Rebellions were begun to be stirred, it is recited, That sudden occasions happen which do require speedy remedies, and for lack of a Statute the King was enforced to use royal power; It was enacted for the reasons therein mentioned, That the King, by the advice of his council therein named, two Bishops, two chief 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 man's life, lands, or goods should be touched or impeached) so that therein royal power was fortified by a Statute; yet that Statute took care, that no man's lands or goods should be taken or prejudiced: but yet that Statute was thought inconvenient, and therefore by a Statute of 1. E. 6. 
1. E. 6.  the same was repealed.  

Bract. l. 2. c. 24. fol. 55.  Bracton, lib. 2. cap. 24. fol. 55. and the same is cited in Coke, 
Cok. l. 7. fol. 11  lib. 7. fol. 11. in Calvins' Case, Regis Corona est facere justitiam & judicium, & tenere pacem, sine quibu● Corona consistere non potest, nec teneri.  

Cok. l. 7. fol. 5.  Coke, lib. 7. fol. 5. in Calvins' Case, cited out of Fortescue, Rex ad tutelam Legis, corporum, & bonorum erectus est; which being so, he cannot take any man's goods, or charge them without his assent, by any Prerogative or power royal.  
Also there can be no such necessity or danger conceived, that may cause these Writs to be awarded to all Counties of England, to prepare ships at such charge, and with such men and munition, without consent in Parliament.  
For the laws have provided means for defence in time of danger without taking this course, for that the King hath power to command all, or any persons of his kingdom, to attend with arms at the Sea coasts, or any other parts of the kingdom; 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 he pleaseth, to go with his navy to any parts of his kingdom 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 always taken and conceived to be sufficient for defence against any Prince whatsoever; and yet the same was in times when the navy 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. 
23. Ed. 1. m. 4.  The Record reciteth, that the French King had prepared a great navy upon the Sea, and purposed to invade the kingdom, Et linguam Anglicanam de terra delere; and thereupon the King commanded all his ships and men with arms to be in a readiness to defend the kingdom.  
Scot. 10. Edw. 3. m. 16. 
10. Ed. 3. m. 16.  reciteth, that certain galleys in the parts beyond the Seas were prepared with provision of men and arms, and other necessaries of war, and ready to invade the Land; command was, that divers ships should be in a readiness to defend, and the ships of the Ports of Ireland to be sent to England to help to defend the kingdom.  

10. Ed. 3. m. 22.  Scot. 10. Edw. 3. m. 22. A Writ was to the bailiff of Southwales, reciting, that the Scots and divers others confederating together, prepare themselves to arms and ships in a great number, and intend to invade the kingdom; command to them was, to have one ship ready upon the Sea to defend their coasts.  

12. Ed. 3. m. 10.  Alman. 12. Edw. 3. m. 10. A Writ to the Maior of London, Quia hostes nostri in galleys, 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 arms ready to defend, &c.  

12. Ed. 3. m. 13.  Alman. 12. Edw. 3. m. 13. A Writ to the bailiffs 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 town to prepare four 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. 
26. Ed. 3. m. 5.  A Writ to the Earl 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 arms to be ready to defend the Sea coasts.  
5. Henr. 4. m. 28. 
5. H. 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 arms to defend, &c.  
4 Henr. 8. pars 2. 
4. Hen. 8. p. 2.  the King by Proclamation into the County of Kent showeth, that it is come to his knowledge of certain, that his ancient enemy the French King hath prepared and put in readiness a great and strong navy furnished with men of war, to invade the kingdom of England, the King appointed the Lord of Alburgeny and others to put men in array, and to be ready to defend that County.  
Anno 1588. when the great invasion was by the navy termed the Invincible navy, which was foreseen long before, this course of preparing ships by every County of the kingdom 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 navy of England, and the Army of England was always accounted sufficient for the defence of the kingdom: So I conclude this point, that I conceive this course cannot be taken by any Prerogative or royal power, nor any allegation of necessity or danger.  
For the fourth point, I conceive, that if it were legal 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 soldiers at their charge, which are far remote from the Seas, is not legal, nor warranted by any former precedent; 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 perform, without help of other Counties, is always illegal; for it is a Rule, That Lex non cogit ad impossibilia; therefore if one by Covenant bind himself to do a thing impossible, the Covenant is void. This appears by the Book case in 40. Ed. 3. fo. 6. where the Case is expressly, That if a man do covenant to do 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 be made upon condition to be 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 annex 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 sum of money, or to do any other act, it is void as to the finding of a surety at the least; for it is not in his power to compel him to be his surety, therefore the Law accounteth it unreasonable, and so void; and this appeareth by the book Case, 17. Ed. 4. fol. 5. wherein it is so resolved.  
So this Writ commanding the sheriff 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 cattle, and Husbandry, and are trained up by musters for skill of arms to defend the Countries, and not with Sea affairs; 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 seek 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 misinformation that they were maritine towns, and had Ships and Mariners dwelling with them, the truth thereof being made to appear to the contrary, they have been discharged, as appears by a Record in 13. Edw. 3. pars 2. m. 14. where a Writ went to the admiral 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 town was no Port town, nor adjoining to the Sea, but far within the Land, nor ever had ships lying there, nor Mariners, nor seamen, 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 inquired, whether their allegations were true, and if it were true, signified that he would not have them so unjustly charged, but that they should be discharged thereof: which showeth, that it was then accounted unjust to lay such a charge upon a town 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 perform by themselves that which the Writ commandeth.  

Ob.  But this Record being objected by the Defendants council, Master solicitor gave answer, that the same was because the admiral of his own authority had charged them, which was not according to his Commission, for he was only to charge the Ports and Sea towns; but that the same may not be done by the King's Writ, the Record doth not prove.  

Sol.  But to this I answer, That I conceive it is all one when such a charge is laid upon a town by Writ, which is an Inland Town; for so it appeareth by another Record of the same year, viz. 13. Edw. 3. pars 1. m. 14. where a Writ was directed to the admiral of the Fleet, Ab ore Thamesiae versus partes Occidentales, reciting where the King by his Writ to the town of Chichester had commanded the Maior and commonalty there, that they should make unam Navem, & duos Escularios de guerra parari, with Mariners and men at arms to be at Portsmouth such a day, to go with the King's ships; and that they had complained that they had not, nor ever had any ships arriving in that town, nor had any seamen or Mariners dwelling there; and that it appeared unto the King by Inquisition of a Jury returned into his Chancery, this allegation to be true; therefore because the King would not have them indebitè praegravari (for so be the words of the Record) the King commandeth the admiral, 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 be charged to find such a ship, much more Inland Counties, which are much further remote from the Seas, are not justly to be charged with finding any Ships and Mariners: Therefore I conclude this point, That I conceive this Writ, in that respect, is not legal not warranted by any former precedent.  
The fifth and great point hath been (and indeed the chief Argument hath been a multitude of Records and precedents 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 he doth now but more Majorum, and that which always in ancient times hath been done and allowed: and therefore ought now to be allowed.  
I confess this allegation much troubled me, when I heard those Records cited, and so learnedly and earnestly pressed by Master solicitor, and after by Master attorney, to be so clear, that they might not be gainsaid, but that they proved a clear Prerogative, or at least a royal power, that the King might do so, especially when my brother Weston and my brother Berkley, who had seen the Records, pressed them, and relied upon them for the reasons of their judgements, I say, I was much doubtful thereupon, until I had perused all those Records sent me by the King's council, and satisfied my judgement therein.  
But now I answer, That if there were any such precedents (as I shall show that there is not one showed to me to prove this Writ to be usual) yet it were not material, for now we are not to argue what hath been done de facto, for many things have been done which were never allowed; but our question is, What hath been done and may be done de jure: And then, as it is said in Cok. lib. 4. fol. 33. in mittens Case, Iudicand' est legibus, non exemplis: and lib. 11. fol. 75. in Magdalen college Case it is said, Multitudo errantium non parit errori patrocinium: and lib. 4. fol. 94. in Slades Case, Multitude of precedents, unless they be confirmed by judicial proceedings in Courts of Record are not to be regarded; and none of these were ever confirmed by judicial Record, but complained of.  
But to give a more clear answer unto them, I say, That in my opinion, upon view and serious reading of all the Records that have been sent me on the King's part (for I have read them all over verbatim) and I presume they sent all that were conceived to be material, and I having taken notes of every one of them, and diligently considered of them, I conceive there is not any precedent or Record of any Writ which maintains this Case; for there is not any precedent or Record of any such Writ sent to any sheriff of any Inland County, or Maritine County, to command the making of ships at the charge of the County, but this is the first precedent 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 towns and Ports, and other towns, 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 fear of any danger, for defence; and great reason that they having ships, and Masters of ships, and Mariners, should be at the Kings command to bring all, or as many as he pleaseth, for defence of the Sea and kingdom, being those that had the most benefit of the Seas, and likely to have the loss, if the Seas and Coasts were not duly guarded, and those were most commonly appointed to be at the King's charge; but sometimes, upon some necessity, they were appointed to be at the charge of the towns and parts adjoining, which I think 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 towns, to prepare or send ships at the charge of the towns, and none after, until the time of Edward the third, and then the wars being between him and the French King, in anise 10, 11, 12, 13. of Edw. 3. were the most Writs awarded to the Maritine towns, to send ships at their charge sufficiently furnished; and those I think were the principal 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 towns, until 1. Ric. 2. m. 18. when Writs were awarded to many Maritine towns, and Inland towns, for the making of ships, which Record was much pressed by Mr. attorney, & 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 towns, that would have their liberties confirmed, should have them confirmed, without any charge of fine, save only to make a ship of war for defence of the realm; so this was not compulsory to any, but voluntary to those that would have their liberties confirmed: And afterwards in 1. H. 4. Commissions were awarded for the making of such Vessels for war; 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 expressly repealed: And since that time of 2. Henr. 4. no such Writs issued forth in any age to any Maritine town, to cause ships, or prepare ships at their own charge for the King's service, until these late Writs.  
And now I shall take a short view of all the Records that have been cited, and sent unto me; and leave them to the judgement of my Lords and others, if any of them prove these Writs to be usual and legal.  

The Records in the time of King John.  
THree of these are to arrest and make stay of all ships that they should not go out of the kingdom, 
6. Joh. m. 11. 9 Joh. m. 3. 14. Joh. m. 2. 17. Joh. m. 7.  but to be ready for the King's service; and the other was to bring ships of particular towns to the mouth of the Thames for the King's service.  
A Commission to guard the Seas to John de Martial, 
15. Joh. m. 4.  and to the sheriff of the County of Lincoln, and all others to attend his commands.  
Writs to the Barons of the Cinque Ports, 
15. Joh. m. 6.  and divers other towns, to have their ships ready for the King's service.   

In the time of King Henry the third.  

14. H. 3. m. 14.  A Writ to the bailiff of Portsmouth to prepare one galley.  

14. H. 3. m. 5.  A Commission to the Bishop of Rochester and others, and to the sheriff of Kent, to cause all men at arms in that County to be sworn, and to assess them what arms they should find.  

48. H. 3. m. 4.  A Writ to the sheriff of Norfolk, commanding him to cause them which were appointed to attend at the Sea coasts in that County, and having served forty days intended to depart, that they should stay eight days longer by reason of the danger, and longer, if need require.  
The like was sent to the sheriff of Suff. and Essex.  

48. H. 3. m. 2.  A Writ to the Maior of Bedford, commanding him to provide for the expenses of them that were sent from thence for the guarding of the Seas, yet it is but for eight days more after the date of the Writ.  

48. H. 3. m. 3.  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 perform therein what he required.  
A Writ to the sheriff of Cambridge and Huntington, 
48. H. 3. m. 7.  to command all men of those Counties able to bear arms, to come to the King to London.   

In the time of King Edward the first.  
A Writ to those of Essex, 
23. Ed. 1. m. 5.  Norff. and Suff. reciting that such persons were appointed ad custod' Maritin' in those Counties, commanding them to attend them.  
Another Writ to the sheriff of Norff. and 
Ibid.  Suff. reciting that certain Constables of those Counties were appointed to assess men at arms, sufficient for the guarding of the Sea coasts, commanding him to distrain, and compel them so assessed for to go.  
Writs to the sheriff of Lincoln, 
24. Ed. 1. m. 17.  York, and Northumberland, reciting that he had commanded A. de B. ad congregand' & capiend' centum Naves between Ley and Berwick, & ad homines potentes in eifdem navibus pon●●d', commanding them to assist him there.  

24. Edw. 1. Rot. 62.  A Writ out of the Exchequer to Adam de Guerdon & aliis, Guardians of the Sea coasts in the county of Southt. to distrain the Abbot of Reading for to find nine horses, which he was assessed at for that service.  

24. Ed. 1. m. 16.  Writs to all Archbishops, Bishops, Earls, &c. in the counties of Somerset, Devonshire, and Cornwall, to attend with their horsemen and footmen for defence of the sea coasts in those parts, when they shall be required by the Guardian of those coasts.  

24. Edw. 1. ●ot. 78.  A Writ out of the Exchequer directed to all Archbishops, Bishops, Earls, &c. in the county of Norff. and to the sheriff of Norff. reciting that Peter de Rutlin was appointed ad custodiam partium maritinarum illarum, commanding them to assist him.  

Ibid.  A Writ out of the Exchequ●r directed to the sheriff 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 distrain them and compel them, &c.  
The like Writs were awarded to the sheriff of Wiltshire, Southt' &c.  
A Writ to the bailiffs of great Yarmouth, 
24. Edw. 1. Rot. 81.  reciting that the King was informed that certain of Flanders and French in a great multitude, apparelled like Fishermen, intending to invade their town, warning them to gather their ships together, and all their arms to defend themselves against such attempt.  
A Writ to all sheriffs and bailiffs, 
24. Edw. 1. int. Com.  &c. reciting that he had appointed some therein named, Ad congregand' numerum Navium, & Galliar' major' &c. commanding the sheriffs in their several Counties to be assisting unto them therein.  
Note, 
☞ Nota.  all these Records are for arrays 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 
24. Ed. 1. m. 9  seas in the County of Southt' to distrain Hugh Plessis to find arms for his lands in that County for the guarding of the seas, because he was in service with the King.  

24. Ed. 1. m. 26.  A Writ to the sheriff of Essex to discharge for the Winter time those that lay at the sea coasts with their arms to defend their coasts, but commanding them to be in a readiness when they should be again commanded.  
The like Writs were then awarded to divers sheriffs of Maritine Counties to the same purpose.  

25. E. 1. m. 12.  A Writ to the sheriff of Lancaster, reciting that whereas the King had formerly commanded him to go to all the Ports and towns where ships were, commanding the bailiff of the Ports to have all the ships of the burden of 400. tuns at Winchester by such a day, now commandeth the sheriff to see them made ready and sent.  

Ibid. 13.  The like Writs directed to the sheriff of Lincoln, York, Northumberland, and Cumberland.  

Ibid. 14.  The like Writs directed to 19 other Ports and towns in other Counties.  

21. Ed. 1. m. 20.  A Commission to send to array men at arms in the County of Westmoreland.  
In the Exchequer (Showed by the Defendants council) Writs were to several Maritine towns, 
23. Edw. 1. Rot. 77.  and other towns upon the sea coasts where ships were usually made, to make ships and galleys, and that the King will allow and pay for them when he knoweth the charge thereof.   

In the time of King Edward the second.  
A Writ to all the men in the towns upon the sea coasts and Ports of the sea between Southt' and Falmouth, 
Pat. 9 Ed. 2. par● 2.  reciting that the King had appointed John de Norton to make provision of a navy in the said towns and ports at their charges, commanding them to perform what he in that behalf shall require.  
A Writ to the bailiffs of Yarmouth, 
Claus. 20. E. 2. m. 8.  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.  

20. Ed. 2. m. 10  A Writ to the bailiffs of Yarmouth, commanding them to send all their ships of the burden of 30. tuns and above, to Orewell in Suff. with double tackling, victuals, and other things necessary for one month.  
The like Writs at the same time to other towns, to the number of 34.  

20. Ed. 2. m. 7.  A Writ to the Maior of London to provide 3. ships with men and munition, to go with 9 ships of Kent to guard the sea coasts.  

15. Ed. 2. m. 15  A writ to the sheriff of Norff. commanding him to warn all Barons, Bannerets, Knights, and Esquires, which were commanded to attend the King at Coventry at such a day, and to go with the King.  

15. Ed. 2. m. 15.  A writ to the sheriff 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 council at London to answer.  
The Record saith, like Writs were then awarded to divers other sheriffs of other counties.  
A Commission to array all persons between the ages of 16. and 60. with arms convenient, 
16. Ed. 2. m. 13.  to come to the King when they shall be required.  
A writ to the Archbishop of Canterbury, 
19 Ed. 2. m. 6.  commanding him to array all his servants and family to be ready to defend the kingdom, if any invasion should be; the like writs at that time to all the Bishops.   

In the time of Edward the third.  
A writ to the Maior and bailiff of South-hampton, 
2. Ed. 3. m. 92.  commanding them to cause all their ships of the burden of 40. tuns and above, to be furnished with men at arms and victuals, ready to defend the Land, if any invasion should happen.  
A commission to Hugh Courtney to guard the seas in the counties of Devonshire and Cornwall, 
Scot. 7. Ed. 3. m. 19  & commanding all others to assist him.  
The like commission to Hugh Courtney, 
10. Ed. 3. m. 25.  for guarding the seas in the same county.  
A writ is to Bartholomew de Insul●, 
Ibid.  for custody of the sea coasts in the county of Southhampt. and therein is a command to John Tichborn and others for the county of Southhamp. and to William de Pershiore and others for the county of Berks, and to John Mandit & others for the county of Wilts. to array men with arms, and to have them in readiness to defend the coasts of the county of Southhampt.  

Scot. 10. E. 3. m. 2.  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 be furnished with arms and victuals for 13. weeks from the time they shall go from Portsmouth.  

Scot. 10. Ed. 3. m. 2.  A Writ to the Maior of Winchester, to cause the ships appointed for that town to be furnished with men at arms and victuals, and other necessaries for 13. weeks.  

Scot. 10. Ed. 3. m. 16.  A writ to the admiral 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 kingdom against any attempt of invasion.  
The like writ was then to the admiral 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 be sent hither to guard the seas here. 
Scot. 10. Ed. 3. m. 16.   
A writ to the bailiffs of Yarmouth, 
10. Edw. 3. m. 12.  to cause the men of that town to contribute to the charges of the ships, and men and victuals sent from thence for the defence of the kingdom.  
A writ to all the Liberties and men of South-Wales, 
Scot. 10. E. 3. m. 22.  to have one ship riding upon the seas for the defence of those parts.  
The like unto the men of North-wales. 
Ibid.   
A writ to the arrayers of men for the county of Berks, 
Scot. 10. Ed. 3. m. 21.  to compel 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, 
Alm. 12. Ed. 3. m. 12.  reciting that the King had appointed all the ships from the mouth of the Thames Northward to be arrested, and to cause them to be furnished with munition, men, and victuals, and to be brought to Yarmouth; and that the men of Lin refused to contribute to the expenses 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 assess them that refuse so to contribute, and to distrain them for it.  

Alm. 12. Ed. 3. m. 13.  The like to compel the men of Bard●ey● to contribute for the expenses of the men of that town.  

Claus. 12. Ed. 3 m. 16.  The like to compel the men of Surrey and Sussex, to contribute to the expenses of the men of those counties, that attended for the guarding of the sea coasts there.  

12. Ed. 3. m. 8.  A writ to all Archbishops, Bishops, &c. and to the sheriff of Kent, and to the Barons of the Cinque Ports, and all others in that county, commanding them to be assisting to I. de Cobham, to whom the custody of the seas in those parts is committed, and to defend those coasts against foreign invasion.  

Alm. 12. Ed. 3. m. 10.  A writ to the Maior of London, reciting the danger of invasion, &c. commanding to shut up the gates towards the water, if the enemy's approach.  

Alm. 13. Ed. 3. m. 12.  A writ to the bailiffs of Yarmouth, reciting by his writ he had commanded 4. ships of war of that town to be made ready with men, munition, & victuals for three months, at the charges of the town, to be brought to Orewell, and that they failed to come at their day, to the great peril of the Land; therefore commandeth the bailiffs to compel 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 bailiffs of 17. other towns, 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, 
Claus. 13. Ed. 3 m. 35.  because he found divers men at arms in the Isle of Wight.  
A Supersedeas for the Abbot of Ramsey for 
Claus. 13. Ed. 3 m. 38.  being charged with arms 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 county of Huntington, for the safety of those parts.  
A writ of Supersedeas to the arrayers of arms in the county of Oxon', 
Claus. 13. Ed. 3 m. 14.  to discharge John Mandit to serve there, because he attended in Wilts.  
A writ, 
Claus. 13. Ed. 3 m. 14.  &c. to the arrayers of arms in the county of Wilts. which is only concerning the payment of soldier's wages, who attended to guard the sea coasts.  
These being all the Records showed, it ●●peareth that there were no writs issuing out in those times to any sheriffs of Inland counties, or Maritine counties, to make or prepare ships for any occasion whatsoever, but only to Maritine towns, to send their ships, or to prepare ships at their own charges.  
The Records since 14. E. 3. showed me, do not show any writs to be awarded to any Maritine towns, to prepare ships at the charge of the towns.  
But those Records of 1. Ric. 2. and 1. Hen. 4. which I have before answered, and the Records since that time showed unto me (except such as I have formerly mentioned in my argument) are these:  

Scot. 20. Ed. 3. m. 14.  A commission to Nicholas de Cartlape, to array men to resist the Scots.  

Ibid.  A writ to the Maior of York, to array all their men to be ready when they shall be required.  

20. Ed. 3. m. 15.  A commission concerning arrays 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 southhampt. to discharge the Abbot of Bettaile to find arms for the sea coasts there. 
Rot. Franc. 21. E. 3. m. 31.   
A commission to John de Bodingham for the custody of the Ports and Maritine parts in Cornwall, 
Franc. 25. E. 3. m. 20.  and to array all the men to be in a readiness.  
Note, 
☞ Nota.  all these Records are only for arrays of men, and none for preparing ships.  
There it is set down, that the like Commissions are to others in several counties.  
A commission to the Earl of Huntington, 
Franc. 26. E. 3. m. 5.  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 several other persons, to array men in several 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 kingdom, 
Franc. 46. E. 3. m. 34.  to array all his Clergy in his diocese, &c. to be ready to go with the King's forces to defend, &c.  
The like writs to all other Bishops in the kingdom.  

Franc. 50. E. 3. m. 47.  A writ to the arrayers of men in the county of Norff. and to the sheriff of Norff. commanding them to command all great men and others, that had mansions upon or near the sea coasts, to resort with all their families for defence of those coasts.  
The like to the arrayers, and to the sheriffs often other Maritine counties.  

Scot. 29. Ed. 3. m. 13.  A commission to the Bishop of Durham and others, to array men in Durham, Cumberland, and Northumb. to resist the Scots.  

Franc. 40. E. 3. m. 31.  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.  

1. R. 2. m. 7.  A writ to the bailiff of Scardeburgh, because the town was upon the coasts of the sea, and in danger by invasion, carefully to look to the custody thereof, &c.  

Eod. Rot. m. 12  A writ to the Maior and bailiffs of Oxon. to repair the walls of the town, and to compel those that had lands there to contribute to the expenses thereof.  
This Record hath been much urged by Mr. solicitor and Mr. Attorney, that if the King have such a power to command the walls of a town to be repaired, much more to command ships to be made, which are the walls of the sea, and consequently the walls of the kingdom. But this is clearly answered, for that it is but a private charge of a private town, and that had been 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 sheriff of Kent, 
Eod. Rot. m. 42  and another to the sheriff of Essex, commanding an ordinance made, &c. by the King and his council, for setting up of Beacons, and keeping watch about them.  
A writ to the Archbish. of Cant. to command all his Clergy between 16. and 60. to be arrayed and put in arms, 
Scot. 7. R. 2. m. 8.  both horse and foot, according to their qualities, to be ready to defend the kingdom.  

Franc. 11. R. 2. m. 13.  A writ to a sergeant at arms, to array all ships of war in the Ports of Plymouth and Dartmouth, and other parts in the county of Cornwall, and to bring them to Hanks hook to go with the King's majesty's ships.  
In the same Roll are divers other writs to divers other sergeants at arms, to arrest the ships in divers other ports.  

Scot. 21. R. 2. m. 3.  A commission to the Duke Albernale, to array men in the West Marches towards Scotland to resist the Scots.  

Rot. Vierg. 1. H. 4. m. 11.  A writ to the sheriff of Derby and Nottingham, reciting that the King certainly understood, that the Scots intended with a great power to invade the kingdom, commandeth him to proclaim in all parts of his counties, that all men between 16. and 60. should put themselves in arms competent, according to their degrees, to be ready upon two days' warning to defend the kingdom.  

Claus. 1. H. 4. m. 12.  The like writs were then directed to the sheriffs of Lincoln, York, and Lancaster.  
A writ to the Archbish. of Cant. reciting Satis informati estis qualit. inimici nostri Franc. & alii sibi adhaerentes, cum magna class navium, cum magna multitudine armator' super mare congregat', 
Note, that although this great danger be mentioned, yet no command to any county to prepare ships.  diversas villas per Costeram regni nostri invadere, & nos & regnum nostrum destruere, & Ecclesiam Anglicanam subvertere intendunt & proponunt: Thereupon commandeth, that the Clergy in that diocese be arrayed and armed, and to be ready at the Kings command to go against the enemy.  
The like Writs were then awarded to every Bishop in England.  
A commission to Thomas de Morley and others, 
Pat. 5. H. 4. pars 2. m. 28.  and to the sheriffs of Norff. and Suff. and to the bailiffs of great Yarmouth, reciting, Quòd cum inimici Franc. Briton. 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 fortify 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 arms in the West-Riding in Yorkshire, 
Pat. 3. H. 5. pars 2. m. 37.  to be ready to defend those parts.  
The like Commissions to others in nineteen several counties. 
Pat. 13. H. 6. m. 10.   

Pat. 39 H. 6. m  Commissions for arraying men for defence of the kingdom, 
Pat. 39 H. 6. m. 12.  if invasion shall be, and for repressing of Rebels. 
Pat. 39 H. 6. m. 1.   

Pat. 10. Ed. 4. m. 12.  Commissions unto George Duke of Clarence and others, to array men for defence.  

Pat. 10. Ed. 4. m. 13.  A Commission to John Lord Howard, to be captain of all the Forces.  

Pat. 49. H. 6. m. 22.  A Commission to marquess Montague, to array and put in arms all men beyond Trent.  

Pat. 1 H. 7. pars 1.  A Commission to Rich. Fitz-Hugh, &c. and to the sheriff of Yorkshire, to array and cause to be armed all able persons, Abbots, and others, to be ready to defend the kingdom.  

1. H. 7. pars 3.  A Writ to the sheriff of Norff. and Suff. to proclaim 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 be kept, and beacons kept, to give warning that every man be ready if need be, to come and defend the kingdom.  

4. H. 8. pars 2.  A Writ to the sheriff of Kent, commanding him to proclaim in his county that the King be certainly informed, that the French King hath prepared and put in readiness a great and strong navy, furnished with men of war, to invade this his kingdom; therefore commandeth all men, between the age of 16. and 60. to put themselves in arms, and to be ready to defend the kingdom at an hour's warning.  
Commissioners went to take view of all the horses of England for service, 
11. Elis.  and to survey all the arms, to have them all put in readiness, as necessity should require.  
Now it appeareth upon view and examination of all these Records, most of them being cited by Mr. solicitor and M. Attorney in their several 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 been 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 than I conclude this point, that I conceive this Writ is not warranted by any former precedent.  
Now I come to examine the points of this Writ, whether the same be legal, and warranted by any former precedents, 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 King's 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 precedent before to have a royal navy prepared, for the former precedents are, that great Princes in open times of hostility had provided great Navies with munition and soldiers, with intent to invade the kingdom, as appeareth by the former precedents: and against such provision it was necessary to provide a royal navy, the King's ships and all the ships of the kingdom to be gathered to withstand them; but to make such preparation against pirates, it was never put in any Writ before: for when pirates infested the seas, they came as it were by stealth to rob and to do mischief, and they never dare appear, but when they may do mischief, and escape away by their lightness; but against them the usual course hath been, that the admiral or his Deputy with some few ships have scoured the coasts, and not to employ a whole navy, and this appeareth by the Record of 25. E. 1. m. 9 where Will. Leyborne the admiral was appointed upon such an occasion with ten ships to lie upon the seas; and the usual practice hath been, when they hover upon the seas, by sending a few ships of war to scatter them, and to make them absolutely to fly away: & there is no doubt of loss of the dominion of the seas by any act that pirates 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 do for the reasons before alleged; and therefore is illegal, and not warranted by former precedent.  
The command of the Writ to find wages for the soldiers for 26. weeks after they come to Portsmouth, when they are out of their counties, and in the King's service, is illegal, being against the course of precedents in divers times, and against divers express statutes: and this appeareth by divers Records. 15. Ioh. In the Writs of Summons of the Tenants by knight's service, it is expressly mentioned, that after their 40. days' service (for so many days they were to do 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 go to the defence of the borders upon Scotland, would not stir out of the county without their wages; and there is set down, that one therein named was sent down with money 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 soldiers were taken from divers parts of the kingdom, ad vadia Regi●, and there mentioned, that clerks were sent down with money to pay the soldiers of several counties their wages.  
In the Exchequer in account the wages of land soldiers for several counties, 
30. Edw. 1.  and the wages of Mariners, are set down what the wages that was paid came to by day, both by sea and land.  
Inter Brevia in the Exchequer, 
Trin. 31. E. 1.  the Wardens of the Marches of Scotland signified unto the Barons, that the men of Cumberland and Westmoreland, appointed for the defence of the Marches, would not stir out of their counties without wages, whereupon order was given for wages for them.  
Commissions went out to pay the soldiers, 
19 Ed. 2.  which served out of several counties for defence against Scotland.  
In the Exchequer it was ordered in Parliament, 
Hil. 2. Ed. 3. Rot. 16.  that where some soldiers had received of some of the King's officers moneys for their wages, were fain to give bond for repayment, that those bonds should all be redelivered.  
But to clear all doubts, the express statute of 18. E. 3. c. 7. is, That men of arms, Hoblers and Archers, chosen to go in the King's s●rvice out of England, shall be at the King's wages from the time they go out of their counties where they were chosen, until the time they come home again.  

19 H. 7. cap. 1. 11. H. 7. cap. 1.  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, until they shall return.  

2. & 3. E. 6. c. 2.  It is enacted, That no captain receiving soldiers serving by sea or by land, shall receive any wages for more soldiers or more time than they serve, and shall enter the days of their entering into wages upon pain, &c.  
All which Records and Statutes do prove, that the soldiers should be at the King's wages; therefore this command for soldier's wages for 26. weeks when they go from Portsmouth, is illegal, and expressly against the said Statutes: and so the assessment being entire, as well for the wages as the other charges, I hold to be clearly illegal, and not to be demanded.  
That the command of this Writ to the sheriff to assess men at his own discretion, is not legal, nor warranted by the precedents; for the precedents are commonly that assessments for contribution for making or setting out of ships, have been by Commissioners, which by presumption had knowledge of such matters as commonly sheriffs have not. Also this leaveth to the sheriff too great a power to value men's estates, as to enhance whom he will, & to favour whom he will.  
That the power to the sheriffs & majors of towns, &c. to imprison, especially as it is used for nonpayment of the money, is illegal, and expressly 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 be attached, or his goods seized contrary to the form 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 be taken or imprisoned but by due process of law, yet by colour of this Writ the sheriff may imprison any person, yea any peer of the Realm; for although Peers are not to be arrested upon ordinary process between party & party, as it was resolved in the Countess of Rutland's case, in Cok. l. 6. fol. 32. yet for a contempt, and upon process of contempt, which is always for the King, any peer may be imprisoned, as it is resolved by all the Lords and all the Judges in the Star-chamber in the Earl of Lincoln's case: and so the sheriff by colour of this Writ may arrest any Peer, as for a contempt in not paying; but by the book case, 2. E.. 3. fo. 2. it is resolved, that a Writ to imprison one upon suggestion before he be indicted, and without due process of law, was illegal; so for the case I hold this Writ to be illegal.  
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 expenses of the premises; and that none that levy any money towards these contributions, shall detain the same with them, or employ the same to other uses: and that if more than did suffice were collected, it should be paid amongst those that paid, after a ratable 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 less than would suffice; and there being money gathered, it is of necessity either detained with the Collector or sheriff, or employed to other uses than are appointed by the Writ, so the writ is not performed; and the money assessed and collected, is not duly made nor collected, and the money assessed and unpaid, cannot be duly demanded.  
Admitting that the Writ were legal, & the commands therein legal, 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 year after the time that it should have been 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 shall be conceived not to be done; for if a man be charged with money in consideration of a thing to be done before a certain time, if the thing be not performed according to the time, none can be 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 sum of money to be paid after the condition performed, and there he that will have the duty, must show 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 money employed for preparing a ship, for and in the name of the county, than every one that paid any money, either voluntarily, as in obedience to the Writ, or compulsorily upon distress, may demand their money again of the sheriff, or of them that received it; for as they paid their money, so it must be disposed of, and cannot be disposed of otherwise by any command whatsoever, although it be under the great seal; 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 be otherwise disposed, although it be more for their advantage: for private men having interest therein, that cannot be taken from them, no● dispensed withal; therefore in cock li. 7. fol. 27. in the case of penal laws it is resolved, That if the penalty appointed to be forfeited upon a penal statute be given to the poor of the Parish where the offence is committed, the King cannot dispense with the penalty for that offence, because the poor have an interest therein; but if the penalty be given, part to the King, and part to the poor, the King may dispense with his own part, but not with the part of the poor.  
And where it is said, 
Object.  that this is by way of accommodation, because the country cannot well know how to provide to content, and perhaps with more charge. 
Sol.  To this is answered, they must do it at their peril, if the Writ be legal, 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 easy charge serve again, and nothing lost but the expenses of the victuals, and the kingdom shall be so much the more strengthened by having so many ships made or prepared; and they may have account of their money how it was bestowed, and if any surplusage be gathered, to have it restored; And that the law is so, that if money be received of the county, and not employed 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 King's Bench, where two soldiers 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 wars, went not, but tarried still in their houses, and retained the armour & the money 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 he was discharged: and the other was found that he received the money, and went not to do the service, nor restored the arms nor money; thereupon he was committed to the prison, & paid to the King a fine, and found sureties to pay the money to the Hundred again, from whom he had received it.  
The other was Hill. 20. Ed. 3. rot. 57 in the King's Bench, where two high Constables were indicted for that they 8. E. 3. had received 6. Marks of the towns in their Hundreds to set forth soldiers, and had not set them forth, but retained the money, which they denying, it was found that they had received the money for that purpose, and disbursed 41 s 6 d. thereof towards the setting forth of soldiers, but had retained 38 s. 6. d. and not disbursed it; thereupon they were fined and imprisoned, and after enlarged upon sureties to pay the money they had retained undisbursed at the next time when the King commanded soldiers for those parts; By both which Records, being for offences done so long before, it appeareth that those that have received money of the country to prepare ships, they are answerable unto the King or his Successors to pay a fine for their employment 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 sheriffs at the time of the assessment, and not to the sheriff that was at the time of the Certiorari awarded, who is the only and immediate officer to return the Writs, is not legal; for it is the first that hath been seen of that kind● for all Writs are directed to some immediate sheriff, requiring him to demand of the former sheriffs what they did upon the former Writ, and they are to return 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 warn Mr. Hampden ad ostend ●i quid pro se habeat, &c. quare de praedict viginti solid. onerare non debet, not showing to whom, is uncertain and insufficient.  
Thereupon I conclude upon the whole ma●er, That no judgement can be given to charge the Defendant.   
FINIS.   

Judgement was given against Mr Hampden by the greater part of the judges: And when the judges had delivered their opinions, the Barons gave judgement Quod oneret●r, &c.  
Afterwards in this present Parliament begun at Westminster, 3. Novembris, Anno Dom. 1640. the Commons took into their considerations the extrajudicial opinions of the judges, the Ship-writs, and this judgement against Mr Hampden; and being read openly in the House, after long debate, Die Lunae, septimo die Decemb. 1640. these four several 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 assessments 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 extrajudicial opinions of the Judges, published in the Star-chamber, and enrolled in the Courts at Westminster, in haec verba;  

THE CASE.  
Charles Rex.  
when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, whether may not the King by Writ under the Great Seal of England command all the Subjects in this kingdom at their charge to provide and furnish such number of Ships, with men, victual, and munition, and for such a time as he shall think fit, for the defence and safeguard of the kingdom from such danger and peril, and by Law compel the doing thereof, in case of refusal or refractoriness; And whether in such 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 majesty's command, severally, and every man by himself, and all of us together, taken into serious consideration the Case and questions signed by Your majesty, and enclosed in Your Letter: And we are of opinion, That when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, Your Majesty may by Writ under the Great seal of England command all the Subjects of this Your kingdom at their charge to provide and furnish such number of Ships with men, victual, and munition, and for such time as Your Majesty shall think fit for the defence & safeguard of the kingdom from such danger and peril; and that by Law Your Majesty may compel the doing thereof in case of refusal or refractoriness. And we are also of opinion, that in such case Your Majesty is the sole Judge both of the danger, and when and how the same is to be prevented and avoided.  
In the whole, and in every part of them are against the laws of the realm, 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.  

memorand. quod xxvii. dic ●eb. 1640. anno regni Dom. Regis Car. 16. istud irrotul. & omnia & sing. in eodem contenta & express. vacant. per judic. Domi●. spū●liū & temporal. in Cur. Parliamenti. Per Ioh. Brown Cleric. Parliam.  CHARLES by the Grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To Our right trusty and well-beloved councillor, Thomas Lord Coventry, Keeper of Our great Seal of England, greeting. These are to will and require you, that for the safeguard of the Seas, and defence of the realm, you issue forth or cause to be issued forth of our high Court of Chancery these ensuing Writs in the form following, with Duplicats of them, under Our Great seal of England, unto the Counties, Cities, towns 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 & honorem 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 commitiva custodis maris cui custodiam maris ante praedictum primum diem 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 laws of the realm, 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 realm, 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 John now his majesty's Solicitor general, 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 extrajudicial 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 illegal, and contrary to the laws and Statutes of this realm, contrary to the Rights and Proprieties of the Subjects of this realm, contrary to former Judgements in Parliaments, and contrary to the Petition of Right.  
Likewise resolved upon the Question, Nemine contradicente:  
THat the extrajudicial opinions enrolled in the Exchequer Chamber, and in other Courts concerning Ship-money, and all the proceedings thereupon are illegal 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.  
Upon the report of the Right Honourable the Lord's Committees appointed to consider of the way of vacating of the Judgement in the Exchequer concerning Ship-money, It was ordered by the Lords spiritual and temporal in the high Court of Parliament assembled, That the Lord Keeper, or the Master of the Rolls, the two Lo: chief Justices, and the Lo: chief Baron, and likewise the chief clerk 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 shipmoney; and also the several rolls in each several Court of K. Bench, Common Pleas, Exchequer, Star-chamber, and Chancery, wherein the Judges extrajudicial opinions in the Cases made touching Ship-money be entered, and that a Vacat shall be made in the Upper House of Parliament of the said several 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 extrajudicial opinions of the Judges in the said several Courts concerning Ship-money, be annexed and apostiled unto the same: And that a copy of the judgement of the Parliament concerning the illegality of the said Judgement in the Exchequer, and the said extrajudicial opinions of the said Judges concerning Ship-money, be delivered to the several Judges of Assize; And that they be required to publish the same at the Assizes in each several County within their Circuits, and to take care that the same be entered and enrolled by the several Clerks of Assizes; And if any entry be made by any Custos Rotulorum, or clerk of Assize, of the said Judgement in the Exchequer, or of the said extrajudicial opinions of the Judges, that several Vacats be made thereof, per judicium in Parliamento: And that an Act of Parliament be prepared against the said Judgement and extrajudicial opinions, and against the proceedings touching Ship-money.  

Memorandum quod vicesimo septimo die Febr. 1640. Annoque regni Regis Dni nostri Caroli Angliae decimo sexto:  
VAcatur istud Recordum et Iudicium inde habitum per considerationem et judicium dnorum Spiritual. et Temporal. in Curia Parliam. et irrotulamentum ejusdem cancelatur.  
Memorand. quod vicesimo septimo die Feb. prae●.  
IStud Irrot. et omnia et singula in eodem contenta et expressa vacantur per judicium dnorum Spiritualium et Temporal. in Curia Parliam.   
ANd that all the Rolls be rased cross with a pen, and subscribed with the clerk 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 judgement 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 several 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 several Rolls, according to the form 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 several Counties, and to be entered and enrolled in the several Counties by the Clerk of the Assizes.   
FINIS.   


In judge CROOKES Argument correct,  
PAge 3. l. 13. read 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. Carlisle. ibid. for 35. r. 30. p. 70. l. penult. r. seek for such men, & l. ult. deal, for such men. p. 74. l. 7. deal, 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 judge Hutton's Argument:  
Page 14. l. 10, 11. read, 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. gascony. 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 illegal. p. 46. l. 9 r. per Gent●m. p. 47. l. 2. r. of Algiers. 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 deal, not. p. 57 l. 17. r. Burton.