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

Object. They object, that the County of Bucks is an In-land County, that Mr. Hampden dwells there, and therefore no reason he should contri∣bute to the Defence; no In-land County ever did it, say they.

There may be two Reasons wherefore in for∣mer time the VVrits (for the most part) went to the Ports and Maritine Counties; Because they have the Benefit of the Seas by exportation and importation of their Goods. And secondly, Be∣cause they are continually in danger of Pirates and Robbers, and far nearer for a suddain De∣fence than the In-land Counties are. But this cannot be held for a sufficient Reason, that they only that are near the Danger should be put to defend the whole Kingdom. I am sure the In-land Counties receive a great Gain and Profit by the Commodities from the Port Towns, and they

are the more in safety the stronger the Sea Coasts are kept: And therefore no reason, but that they should give towards the Charge of the De∣fence of the Sea. For all the Writs, save one Commission, have gone to be for the general De∣fence of the Kingdom. Then no reason but In∣land Counties should be charged. If they say they did never do it, it is a strange prescription, that because they never did it, therefore they will ne∣ver do it. A man cannot excuse himself, that be∣cause he never paid Tithe to such a Vicar or such a Parson, that therefore he will never pay it.

I shall go to the Records that do charge the In∣land Counties. Cl. 48 H. 3. m. 2. directed unto the Major and Bayliffs of Bedford, an Inland Coun∣ty, it doth recite, that divers of this Town were called to go with the King towards the Sea Coasts, contra hostilem invasionem & nunc necesse est, & cau∣sae forem' ut levar' fac' & expensas, &c. and ap∣points at what rate they should levy it; The Horsemen were allowed 8 d. a day, and the Foot∣men 4 d. a day.

Cl. 48 H. 3. m. 7. A Writ directed unto the Sheriff of Huntingdon; the Men of that County were commanded to go to London, and from thence unto the Sea, for the Defence of the King∣dom.

Scac' ex parte Rem Regis, 24 E. 1. Rot. 78. Dor. A Writ is directed unto the Sheriff of Bark-shire, and this is to distrain men to make good the Cu∣stody of the Sea Coasts. Fr. 26 E. 1. m. 5. Like Writs were directed to Essex, Hartford, Notting∣ham, Darby, Huntingdon, Cambridge, &c. and almost to all the In-land Counties, pro custodia maritina, all to come to London, and to go from thence to the Sea Coasts for defence thereof.

Cl. 13 E. 3. pars 1. m. 14. do. A Writ goeth out to Oxon, ad aistringendum, for Wages, pro custo∣dia Maritina; one man was distreined, he plead∣ed he had been charged in Wilt-shire, and ought not to be charged in another County again; and for this distress there went a Supersedeas.

Rot. viagii 1. H. 4. mem. 10. A Writ was direct∣ed to the Sheriffs of Nottingham and Darby, two In-land Counties; and this was to proclaim, quod omnes homines inter 16 & 60 parati sint, &c. to go with the King within the Kingdom to what parts he pleased.

Cl. 1 R. 2. m. 18. Writs were directed to the Major and Bayliffs of Huntingdon and Cambridge: this Roll is cited by the Councel of the Defendant, and in part it maketh for the Desendant, and in part against him; the Effect of it is this: The Writ directed to the Bayliffs of Hunt'; and this recites, a former Writ to provide Barges, called Ballanger, with forty and fifty Oars apeece, like unto a Galley, at the charge of the most Rich men; and this was ad custod' Maris; and the like Writ went unto the Town of Nothingham, Gloucester, and Warwick, and divers other places: These Vessels were not devised then, I find them used in E. 3 d's time.

In the Parliament Roll 2 E. 4. N. 22. The Com∣mons did complain, that a Commission is gone forth for the making of these Barges; true, upon a Petition of the Commons, the King, saith he, will advise with his Lords; there is no more done, but upon this they cease. I have now done with the Precedents on the Kings Side; I shall now come to that which hath been said on the Defen∣dants part for their discharge: And first for the Acts and Petitions in Parliament, which are weighty and considerable.

1. For the Statute de Tallagio non concedendo, which was in the Time of E. 1. It hath been doubted whether this is a Statute or no: I see no colour of doubt, but that this is a Statute; it is printed among the Statutes, and ever accounted for a Statute; and in the Petition of Right, it is recited. And to say it is no Statute, because the Parl. Roll is wanting, if it should be disallow∣ed, it would draw a great inconvenience with it, for private men might imbezle the Records, and then if the Records were wanting, the Acts of Parliament should be void.

It is an Act of Parliament no question; but the question is, whether the Provision required by this Writ be within the meaning of this Statute; I conceive it is not: For there are two words in this Statute observable, Talliage and Aid; by no Aid here will you take away the Aid par file mar∣rier, par faire fitz Chevalier; by no Talliage will you have it so, that the King shall demand no sum of Money, then if you will give it this large con∣struction, it will take away all Fines and Amerci∣aments which are due unto the King, all Lawful Impositions; and surely this was never the intent and meaning of this Statute; but it was only to take away all Taxes and Talliages that were un∣lawful, if they were lawful, this Statute medleth not with them. Now that no Talliage is to be ta∣ken, it appears in the Parliament Roll, 13 H. 4. N. 42. where an Office was granted by the King with a Fee for the measuring of Linnen Cloth, that the Subjects should pay unto Him a certain sum of Money for every piece measured; where∣upon at the Parliament the Commons Petition, That this was an unjust Imposition, and they did desire that they might not be charged with this kind of Talliage, which, as was apparent, was un∣just, and so they had present relief against it.

Next Act of Parliament, 14 E. 3. the second Parliament of that year, (three Parliaments being held that year) the Commons they grant unto the King a certain sum of Money for the great Busi∣ness he had on this side the Sea, as well as beyond. But after a cessation of the Troubles, then the King is to be at the charge for future Defence: Thereupon the King granteth this shall not be had in exemplum, and that they shall not afterwards be taxed without Parliament. And this is the strongest thing that I have heard objected: It re∣quireth a good answer, the words are plain; no Charge, no Question; but this is a Charge, I look∣ed into the Petition of Right, and it is not there mentioned, nor among those Acts of Parliament that are in the Margent; but the reason why it is omitted, I know not.

I observe by this Act of Parliament a subsequent Clause, that will go far to the answering of this Objection; for in Acts of Parliament, nor in the Petition of Right, there is no mention made of the Defence of the Kingdom: If the King had been bound to defend the Kingdom, could the Parliament have accepted this as a kindness at his hands? 14 E. ••. This Act was made, yet the Aid continued, none of these VVrits found till 24 Rot. Franc' 24 E. 3. m. 9. N. 26. There went out Com∣missions to array men for the County of Sussolk, Somerset, Dorset, &c. for the Defence of the Ma∣ritine Towns: This is now within eleven years after the making of the Statute.

Franc. 26. E. 3. m. 5. The like unto the Earl of Huntingdon, Considerantes quod omnes Incolae tenen∣tur de Jure ad defendendum in periculo, and that they shall array the men of this County, and bring them ad custodiend. Mare; and by this it is recommended for the erecting of Beacons which

is the first Direction of that nature; so here is a new Charge, and this within eleven years after the making of the Statute. The same year like Writs to the Sheriff of Nottingham, Darby, Salop, Barkshire, Middlesex, Buckingham, Northampton, &c. So all these Writs go almost into every Coun∣ty of the Kingdom; and divers other Writs of the like nature, as Fra. 28 E. 3. m. 34. but, as I said, in no Act of Parliament extant, nor in any Writ that ever went forth that I can find; there is not any thing appears to charge the King for the Defence of the Kingdom, and in all of them no distinction made between your Port Towns, Maritine Counties, and In-land Counties; but that all in general are chargeable. And for the rest of the Acts of Parliament, they are all men∣tioned in the Petitions of Right, and therefore I pass them over. There is in the Acts provision against Loans and Crievances, but this Clause for the Defence of the Kingdom, I find it menti∣oned in no Act of Parliament, but this of 14 E. 3. before mentioned.

I will now come to the Petitions in Parlia∣ment.

Parliament Roll 13 E. 3. N. 9. 11. It was there declared unto the Commons, that the French had environed the Island of Guernsey; and all this was for default of a Navy upon the Sea, and therefore it was needful to consider how this might be re∣gained: It was answered by the Commons, That concerning the Right and Guard of the Sea, they desired to give no Advice, saying, They have no cognizance of things concerning the Sea, but if there be occasion, the Cinque Ports are to be charged: Said further, That in the Marches of Scotland, they were to defend the Kingdom a∣gainst the Scots; but that this kind of Defence should lie upon them, was never heard of.

I will give you an Answer unto your Acts of Parliament and Petitions in Parliament by putting of a Case; I will admit that you have an Act of Par∣liament, as strong as you can make it, that the whole Charge for the Defence of the Kingdom should lie upon the King and not upon the Subject, in case of any sudden Invasion. Admit there were a greater Power at Sea than the King is able to make defence against, then, I pray, whether should this Act give way to the present necessity, or the Kingdom should be lost? Is it not better to endure a mischief than an inconvenience? Then if you say, the Acts of Parliament should give way to necessity, then you have answered all that you have objected. This is not the only cause of necessity, I shall put you another Cause, when Acts of Parliament must give way to necessity; That if a man be attainted of Treason, he is there∣by disinabled to inherit by Act of Parliament; but if the Kingdom should descend to such a man, then the Acts of Parliament should give way to it, and there needs no Act to avoid it; and shall not the Acts of Parliament give way unto necessity for the defence of the Kingdom? What though there have been Petitions in Parliament, to have it de∣creed that this kind of Charge should not be laid upon the Subject: Admit it had been so decreed in Parliament, yet by the Law of Equity they ought to be changed, and in all reason they are to be charged towards the Defence, and that for three respects.

First, for the Reason given in the Writ, Quod omnes tangit per omnes debet supportari, which is but Equity.

2. Next Reason, That the King is trusted with the Defence of the Kingdom, and therefore fit he should have means to do therewith. But you say, He may call a Parliament, and they will give him Means. 'Tis true, this thing in question, if done by Parliament, had been done by the happiest means. But because he might have it by Parliament, must he therefore have it no other ways? The questi∣on now is, whether it may be done without a Par∣liament or no? what is done, is done by the Great Seal, which is the next Authority unto a Parliament. VVhat if an Enemy had come be∣fore the Parliament had met, or before they had granted any Aid, should the safety of the King∣dom depend upon such contingencies, God for∣bid; will you have Forces on both sides, and re∣strain the King to this power by Parliament, which may be so dilatory, that the Kingdom may be lost in the mean.

3. Many inconveniencies might happen both to the King and Subject, if this should be suffered, if the Kind should be restrained of His Royal Power, it would turn to his contempt both at home and abroad; and all this while the matter is not so great, it is but parting with a little Money secun∣dum Statum & Facultates, and not all that a man hath, for the King desires not that. It is true as Mr. Holborne hath said, That in former times they have been careful not to leave too much power unto the King; but you would leave Him so little, as would have him in contempt both at home and abroad. The worst that comes to the Subject, is but to yield their help to the King at such times of danger, with a small part of their Estate, and then it would make Forein Nations that know of it, afraid of us, which now by this occasion have encouragement to attempt that which otherwise they would not.

It hath been objected, That if the King may raise Moneys in this manner without a Parlia∣ment, many inconveniencies may sollow, it would be a means to keep back a Parliament.

To this Objection I answer, It is no means to keep back a Parliament, for there are many other means of calling a Parliament besides for the De∣fence of the Kingdom; as for making of Good Laws, redressing of Grievances. The King may be engaged in a Forein War, and then the Sub∣jects must help Him; but to call a Parliament al∣ways, is not necessary: For when the Kingdom was in the greatest danger that ever it was in, as in 88, and in the Rebellion in the North, yet then no Parliament was called in either of these Dangers.

2. Next Objection: If this course be admitted, the King may pretend a Danger when there is none, or a great Danger, when a small, and so may raise a great Sum of Money, and the Subjects shall have but little profit.

I shall give three answers to this Objection: 1. If this power be in the King, and that power be just and equal, then it is not to be taken from Him, because He may imploy it otherwise; if he misuse His power, the fault is His own.

2. Next Answer, That this Objection cannot be made, unless you suppose injustice in the King; make what Laws you will, if the King be unruly, He will break through them.

3. The third Answer: If it so fall out, that the VVrit going out upon this pretence, and that great Sums of Money are levied, and the Money is imployed to another use, it were a great incon∣venience; but in this case there is no such fear, for the VVrit is expresly to make a Ship: And if they would have taken any advantage upon that, the Council ought to have pleaded it, and the

Judgment ought to appear there upon Reccord: There appears no Money in this Case to be com∣ing unto the King's hands: But it is said in the Writ, Volumus autem, &c. We will that no part of the Money be converted to any other use than to the Provision of a Ship.