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

Obj. Next place objected, that these Contri∣butions, they are in substance Impositions, and that the King should not impose upon the Subject by his Charter, or by his Writ, but it must be done by common consent in Parliament: Your Lordships have observed in all my dis∣course, that I have not insisted any way upon any power of Imposition, neither is it the question in the business; for no mans property is invaded, no seisure of any mans Goods, unless they will incur for contempt, and by a wilful contempt the Sub∣ject may lose his property.

Therefore Dyer fo. 16. and 13 El. fo. 296. If the King will command his Subject to come into the Realm, and he will not, he shall forfeit for his contempt all his goods; or if he be attached to appear in the Courts of Justice, and not ap∣pear, he shall forfeit his goods, 34 H. 6. 49. 9 H. 7. 6. If a man will wilfully contemn the Kings Command by his Writ, he may be distrained; this incurreth not by an Invasion of his proper∣ty, but in respect of his contempt. Parl. 50 E. 3. m. 24. Lord Latymer he was sentenced for perswading the King to lay Impositions. My Lords, I have looked upon the Record, and there the cause of the sentence is declared, that he himself laid the Imposition, and did take up∣on him Royal power, and therefore he was just∣ly sentenced; and for the sentence of Doctor Mannering, nothing to this purpose. This Writ denieth not the property to be in the Subject, but saith, the Subject hath the property, and there∣fore commandeth the Sheriff to distrain him if he will not pay.

And for the Commission 2 Car. for the bor∣rowing of moneys for the Palatinate, this was for the recovery of the Palatinate, not for the defence of the Realm, and besides called in by special Order.

Next place they objected and shewed divers Records, that the King hath paid the wages of divers Marriners and Souldiers, and I do agree it; is that an Argument, that he may not com∣mand the Marriners to be sent out at the charge of the County to furnish the Kings Ships? this is against the Records that I have remembred. So likewise they have cited 21 E. 3. Rot. 77. ex par∣te Rem. Regis, the King commanded the Consta∣ble of his Castle of B. to build Ships, and the King to pay for them; so he doth at this day, he hath built the Sovereign of the Sea, and hath paid for it.

They have objected Doctor Cowels Book which was called in; I wish they had read the Procla∣mation, three Causes expressed: 1. Because he had writ things derogatory to the Crown. 2. For—3. For speaking irreverently of the Com∣mon Law, just to light upon the men who do not spare to wade into all the deep mysteries of Princes, who are Gods upon Earth.

For their Objection, that the King hath a Re∣venue belonging unto his Crown, for the defray∣ing of all ordinary and extraordinary charges, and for the guard of the Sea. As Tenures by Knights service, Escuage, Wards, Marriage, An∣cient Demosn, &c. Tunnage and Poundage, ser∣vice of tho Ports, and profits of the Sea.

My Lords, it is not for us that are Lawyers to look into the secret of the Kings Revenue, he hath high Officers, as Treasurer and Under-Treasurers that look unto the secret of his E∣state, and they know well whether his ordinary or extraordinary Revenuo do answer more than his Annual expence. The Story of Acteon might deter men from looking into the secrets of Prin∣ces.

For his Tenures, that Knights-service Te∣nure was originally instituted for the service of Scotland and Wales, 19 K. 2. Fitz Guard. 165 and old Tenures fol. 10. duties called Tunnage and Poundage are not given now unto the King by Acts of Parliament, and when they were given, it was for the great charges of this great de∣fence.

And besides those Acts of Tunnage and Poun∣dage only concerned the ordinary defence, the sending forth of the 75 Ships out of the Cinque-Ports, it was but for fifteen days at their own charges; and for the profit of the Sea of Stur∣geon and Whales, a proper defence for a King: And for the service of the Ports, you may re∣member by the Records shewn, they were com∣manded ultra debita: But then they have grant∣ed one Case, and I think but one, that the King may ordain a Toll in a Fair or Market, or grant Pontage, or the like, because there is an ad quod dampnum, and therefore shall be an enquiry si Pa∣tria gravatur. The King may grant a Fair with∣out an ad quod dampnum, if in his judgment, &c.

Rot. Sco. 1 E. 3. m. 8. Writ directed to the Treasurer to pay for the Shipping at Yarmouth. My Lords, it doth appear particularly in the Re∣cord, that I. S. was Admiral, and going into Scot∣land; so the defence was for a Forreign War.

It hath been mightily insisted upon, that here needeth no Command to furnish Ships by the Kings Writs, every man by the Instinct of Na∣ture will do it, where a necessity, or Royal pow∣er, or Command needs: Surely this Argument is made by the people, or to please the people; what will the consequence of it be, but the in∣troducing of a Democratical Government, when every man shall be his own Defender? The God of Hosts chose Captains and Leaders to go be∣fore his people, and commanded them but to give the people this liberty. That every man shall do as he please, and make a defence by an In∣stinct of Nature, is a strange Position.—But it hath been said in these Cases, it is better to su∣stain a mischief than an inconvenience; by this inconvenience every mans property is taken a∣way from him, as often as the King pleaseth, and what proportion he pleaseth. This though a Maxim in Law, yet it goeth unto particulars; but the loss of a Kingdom is both of Liberty and Estate; this is not to be reckoned among the mis∣chiefs, for this mischief destroyeth both Head and Members; therefore I do marvel to hear the Rule of Mr. Holborn, suffer a mischief, rather than an inconvenience.

Next Objection, Parl. 2 H. 4. n. 22. pur faire Barges, this was the Petition to the Commons; that the Commissions granted to Burroughs, Cities, and towns, for building of Barges should be re∣pealed; the Kings Answer for the present they should be repealed, but for the future, for case of necessity he should advise with the Lords: It doth not appear that these were granted for the build∣ing of any Ships for the Defence of the Realm.

These are Objections that have been made out of the Acts of Parliament, out of the Records and Reasons they have insisted upon; now I come to the Exception and objection against the Writs and Proceedings in this matter.

1. They say, there was no sufficient danger re∣presented by the Writs 4 Aug. They say the sup∣ply

by a Mittimus doth come too late, and that the words of the Mittimus are not a good affirma∣tive, quia salus &c. and it doth not appear there was any danger 4 Aug. 11. For this I have given it an Answer, that it was not necessary to represent the danger in the Writ. The King he hath se∣cret intelligence, he hath his Espies abroad, His Ambassadors beyond Sea, he knoweth the danger we know not, nay, he knows that which is not sit to be discovered; and those dangers by prepara∣tion perhaps diverted another way. It's not fit by a publick Writ to reveal the dangers.

But, My Lords, For the saisfaction of His peo∣ple he hath expressed sufficient cause enough in the VVrit. Quia salus Regni periclitabatur, &c. they say there was no danger represented at that time when the VVrit went out; that is mistak∣en, for the VVrit of Mittimus doth recite 4 Aug. and saith quod quidem praedones Pirati, &c. which shewes the danger was the cause of the issuing of those VVrits; then they expect this same word salus; it is a Physical word and signifieth health, and you must have no Metaphors in VVrits; surely the Gramarians can tell that salus is taken pro incolumitate, as well as for health, as safety, Metaphors are usual in VVrits; I dare be bold to speak there are more Metaphors in the Regi∣ster, than in any Book, Register 61. Turba, &c.

Then they have left no stone unrolled in this Case. Now they say the Kings Testimony by His VVrit is not sussicient, for that under fa∣vour it is Teste mcipso; without exception we are bound to give credit unto it, 1 Eliz. fol 105. Ne∣excat Regnum, the King assirms I. S. will go be∣yond Sea. Saith the Book, this averment of the King in his VVrit it is not Traversable, you shall not aver against it. The case remembred by Mr. Solicitor, which was mistaken by Mr. Holborn in the answer Hill. 20 E. 1. Coram Rege Rott. 14. He said these words vouched in the Record, were but the saying of the Kings Councel, and not the opinion of the Court; clear otherways, for it was the saying of the Judges, and then agreed quod Dominus Rex est Superlativum Recordum & praeccllens; will your Lordsaips give credit to the Certificate of the Marshal of the Kings Host?

To the Certificate of the Captain of a Compa∣ny if the Men be in the Kings Service, 11 H. 7. fol. 5. to the Certificate of a Bishop in case of Ba∣stardy, to the Certificate of a Mayor and Alder∣men by the Recorder, 5 E. 4. 30. 21 E. 14. 16. and will you not admit to the Certificate of the King by his Mittimus.

Next exception was taken to the Scir' Fac', that this Scirc' Fac' ought not to go forth to this as a debt to the King.

2. Reasons for it: 1. The VVrit of 4 doth direct a form of levying, which is by distress or impri∣sonment of those that are Rebels.

It is no debt to the King, and therefore ought not to be levyed by Scir. Fac.

My Lords, for this, this Duty is a Duty to the Common-wealth. It is pro defensione, Regni The∣saurus publicus respicit Regem; whosoever shall de∣tain any publick Duty, he may be questioned by the King as the Head of the body; for that it ap∣peareth 27. Ass. pl. 17. It was declared, that J. S. and J. D. had levied 100 Marks on the County for the array of certain Archers, which money did not come for the profit of the King. Out of this I observe two things. 1. This money that was for Archers, the money was levyed on the Body of the County. 2. Recovered by an Indictment at the Kings Suit, 27 Ass. pl. 17. 11 H. 4. fo. 2. the Fee of the Knight of the Shire that serves by Parliament, they are reckoned amongst publick duties; therefore the Goods of a stran∣ger may be taken within the Town to pay those Fees: If the Money be not paid, the distress may be sold, for it is for a publick Duty, 11 H. 4. 2. so is the Book Reg. 19. 2. the King commandeth the Sheriff to levy those Fees, as well within his Liberty, quam extra. Hill 20 F. 3. Rot. 57, coram Rege Juratores Hundredi de S. they make a Pre∣sentment, that J. S. and J. D. Cheif Constables of paid Wages to Archers which went not beyond Sea.

So as by this record, it appeareth, these pub∣lick duties are recoverable at the Suit of the King, Quia ad opus Domini Regis, Pat. 14 E. 1. M. 1. 14. the King commandeth an account to be taken of the murage, and how the Sums have been employ∣ed, P. 15 E. 1. coram Rege 70. Do. Rippon was be∣sieged, they gave Hostage; Promise made by the Town, that those Hostages should be redeemed; they were not, complaint made unto the King, and came to the Kings-Bench; and these Monies being 700 l. that was promised by the Town, for the bringing back of those Hostages, was or∣dered to be paid, because it was for the publick Service: So for other things that are pro communi utilitate int' Co'ia, Hill 5 E. 4. Rot. 4. Aurum Regi∣nae, due unto the Queen, may be levyed by Pro∣cess out of the exchequer in the Kings name; no∣thing more usual. This Scir' Fac' it is grounded upon the whole matter, the Writ 4 Aug. Cart. and Mittimus, and commanded that the Defen∣dants should shew cause, why they should not pay the Monies assessed upon them for the publick Service.

My Lords, I have done with the objections, I shall come to the judicial Records, 24 E. 1. ad Custodiam Maris. Bark-shire, an Inland Coun∣ty, refused to contribute; and Names of those that made Default were certified into the Ex∣chequer.

It appeareth by the Records cited, that process went out of the Exchequer in the strictest manner, a Capias in manus of their Lands, Tenements; Goods, and Chattels, and that their Bodies with Horse and Armour be sent to Portsmouth; for, besides the doing of their Services, the seizure of their Lands and Goods, 24. the same year ex parte Rem' Thesaurar', on the other side J. de. S. gave information unto the Chancellor of the Exchequer, and Barons, in absence of of the Lord Treasurer: of the Preparation of Men in Flanders, (this being remembred before to another purpose:) It appeareth after consulta∣tion had, they did resolve to send forth 2 Writs, one was to the Town, the other to T. H. Custes Maris, to call all for defence of the Maritine parts; ex parte Rem' Regis, 24 E. 1. Rot. 80. Hen∣ry Hussey was seized of the Mannor of W. in Bark∣shire, he was assessed to find a Horse pro Custod Marit'; he complained in the Exchequer, he had not the whole Mannor, and yet was assessed to find a whole Horse; he did not come and say, I ought not to be taxed; he submitted to the pow∣er, and desired a mannerly contribution, 25 E. 1. Rot 72. The Abbot of Robertsbridg Case re∣membred on both sides divers times; under fa∣vour, the joyning of the issue in the Record, is a very full proof in this Case; he brought a Re∣plevin against J. S. for taking of his Goods, an Inland Town in Kent, he pleadeth the Confir∣mation between our King and the King of France, & Leyborn assigned keeper of the Sea, the Plaintiff

was assessed unto 7. l. 7. d. Anno 22. 13. l. 23. 15. 24. and the Defendant being Collector, did di∣strain. The plantiff did not say in the Bar of this, he ought not to be taxed; but he was ses∣sed ad inveniend', &c. for such Lands.

The Defendant, saith the Plaintiff, did hold other Lands in the County, and for that Land he was Sessed; now this, doth admit the Power of taxing, Hill. 16 E. Rot. 23. coram Rege. The Jury of Norfolke did present, that Jo. Russel and others, 8 E. 3. were Hobellers elected in the Hundred of T. and staid at home; they plead, not guilty; the Jury find that Jo. Russel did per∣form the Service, but Jo. S. did not perform, therefore committed to Prison, and paid a Fine to the King. By this Record it appeareth, the Money paid to the Archers and Hoblers was at the Counties Charge.

Methinks the disclaimer, that is by the Com∣mons, 13 E. 3. Parl. N. 9. 11, is in nature of a Judg∣ment in this case, for there they did disclaim they had no conusance; and there likewise upon their own confession, that the Maritine Parts ought to defend at their own Charges, as the In-Land Parts the In-land Counties: This Confessi∣on, 13 E. 3. is a strong argument, Parl. 21 E. 3. Rot. 20. when the Commons did petition de garde le Mare answer soit garde fait; and that was at the Charge of the Country, as your Lordships know.

20 E. 3. Diverse Ordinances made, which Ordinances made had the force of a Law. The King and his Councel did ordain quod omnes illi, &c. which have such a quantity of Land, should be sessed to find one Archer. Decem libr. terrae Hobeller viginti libr. 2. Hobellar. 25 libr. unum bominem ad Arma. This appeareth, Fra. 20 E. 3. par. 1. m. 17. in the County of Bedf. and Buck. In the same year, another Ordinance, that those that did reside with their Families, cum toto posse, within six Miles of the Maritine Parts, were ex∣cused for sinding of Men without.

My Lords, upon the occasion of this Service, there were divers Refusals made. Certificate by Mittimus of their Names into the Exchequer; as in this Case: J. T. and W. G. were certified for Defaulters amongst others▪ upon this, the Court of Exchequer, they award Process against those Men, and others, which was a Cap. in manus: sei∣zure of their Lands and Goods; they came in, and pleaded, they resided infra sex leucas, with their Families, and all their Powers: Issue joyn∣ed upon this, Jury impanelled; and it appears, those that were found within six Miles, Judgment quod sine die; but for others imprisoned and si∣ned, for so much Land as they had without the six Miles, for that they were charged. If I should number unto your Lordships all the Judgments in this kind, I might speak here till to morrow morn∣ing.

P. 22 E. 3. inter Com. in the Exchequer. P. 22. E. 3. m. H. 22 E. 3. P. 25 E. 3. M. 25 E. 3. P. 〈◊〉〈◊〉 F. 3. P. 28 E. 3. And there is in a great num∣ber of other years of 29, 30 H. 4. And my Lords, according to those Judgments, Trin. 21 E. 3. R. The Writs went forth for discharging of such as have resided upon their Lands within six Miles, 21 E. 1. Pipe-Roll, discharged, because they were in the King's Service: So as, My Lords, out of these Records thus much may be collected; 1. They affirm the King's power in the assessing and levying. 2. Then they are grounded upon those Ordinances made by the King and his Coun∣cel. 3. Process went out of the Exchequer, and not in the King's Name. M. 22. E. Parl. coram Baron. Issue joyned, whether J. S. had Land to the value of 40 l. to find Hobellers: If he had them, he was to do it.

My Lords I have now done with the Judicial Precedents. I have cited some few among many other. It is now time, after so long Premises, to draw to a Conclusion.

Wherein your Lordships have heard, 1. That the King of England, that he is an absolute Mo∣narch, and that by the Common Law of England all those Jura Summae Majestatis are inherent in his Person.

This Supremum Dominium for all the Land that any Subject holdeth, it is derived from the Crown; and as Plowden putteth it, 12, 13. That there is a Tacite Condition in Law annexed upon his Grant, that his Officers may do Justice, to execute his Process severely upon his Grant.

This Tacite Condition may be subject unto a common Defence; Supreme Jurisdiction both by Sea and Land, was never yet impeached, and from him lieth no Appeal, And originally, by the Institution of the Laws of this Realm, what was once in his hand, was never granted from him; he hath absolute power of concluding War and Peace. All these are in him, as he is an absolute Monarch, and holdeth his Kingdom under none but God himself. It hath appeared, that the principal part of this Kingly Office con∣sists of the Defence of the Realm: That as his Jurisdiction is by Sea and Land, so is his De∣fence: And this hath been made appear unto your Lordships both by Precedents before the time of William the First, and since, pro communi utilitate; and in cases of necessity, the Kings of England may ordain by their Proclamation, Writs, Patents, by the Advice of Councel and Judges in Legal matters, that the King is the sole Judge of this Danger, both for the prevention of it, and for the avoiding it. Therefore for us to di∣strust that he will command too great a Power or Aid, it is a presumption against a presump∣tion of Law. It hath appeared likewise, that all the Incidents of Defence are inherent in his Ma∣jesty; we cannot build a Fort or Castle on our own ground without Licence. Your Lordships have heard the Precedents particular and gene∣ral: The Precedents which have universal Rea∣sons, quod omnes ex debito astricti sunt. Writs a∣warded by the King's Royal Power in time of Parliament, when Parliaments were, and in those years when great Aids and Subsidies were grant∣ed to the King, many times no cause declared, nor the occasion discovered. There is no Act of Parliament made to take away this Power; and the Judicial Precedents which your Lordships have heard, have affirmed this Royal Power.

My Lords, If there were no Law to compel unto this Duty, yet Nature, and the inviolate Law of Preservation ought to move us: These Vapors which are exhaled from us, will again de∣scend upon us in our Safety, and in the honour of our Nation. And therefore let us obey the Kings Commands by his Writ, and not dispute. He is the first Mover amongst these Orbs of ours, and he is the Circle of this Circumference, and he is the Center of us all, wherein we all as the Lines, should meet; he is the Soul of this Bo∣dy, whose proper Act is to Command.

But I shall need to use no perswasion to do Ju∣stice in this Cause; and therefore shall humbly desire Judgment for the King.