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.

Answ. 1. To all these I answer, That the mat∣ter now in question is upon the Writ of 4 Au∣gusti, whether that be legal or not, and the sug∣gestions therein be sufficient or not; for the Writ of Mittimus mentioning, that Salus Reipub. peri∣clitabatur, at the day of the issuing of the VVrit

of 4 Augusti (which is a year and a half after the first VVrit) doth not help it: And this is not no∣tified to the Sheriff and Inhabitants of the Coun∣ty, to make them the more careful, and in the greater contempt, if a Ship were not provided: but it is only a notification of the Barons of the Exchequer, that the same was the reason why the same issued forth.

Answ. 2. That the suggestions are not abso∣lute, that any such danger was, or such Navy was prepared by the Pyrates, but only mentioneth, Quia datum est nobis intelligi, that the Pyrates had done such mischief.

Answ. 3. If such suggestions had been abso∣lutely set down, yet we are not always bound ab∣solutely to believe them, because many times un∣true suggestions are made in VVrits and Patents; and yet it doth not lye upon the Kings Consci∣ence, neither doth the Law impute any fault to the King, if any such be; for the Law doth al∣ways conceive honourably of the King, that he cannot, nor will not signifie any untruth under his Great Seal; but he is abused therein, and the Law imputeth it to them that so misinformed the King, and thrust in such suggestions into the VVrit; and therefore all Patents grounded upon untrue suggestions are accounted void.

Answ. 4. That the Demurrer confesseth no∣thing, 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 Clause.

Ans. 5. If the Kingdom were in danger, yet a charge must not be laid in general upon the Sub∣jects without their consent in Parliament; for either the danger is near, and then the present provision must be made by mens 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 mens purses, by distraining of their goods, or imprisoning their persons: But if the danger be further off, by reason of any forreign Combi∣nations (as it is conceived it may be here) then provision must be made of Ships by all the King∣dom for defence; then, as Philip Comines, fol. 179. that Cloud is seen far off, before that the ••empest fall, especially by a Forreign VVar; and such Invasions cannot happen so soon, but that the King may call his Sages together, and by con∣sent make provision for such defence.

So I say here, if there be a time to make Ships, or prepare Ships at the charges of the Counties; then is there time enough for his Ma∣jesty (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, but to make provision for defence, being for all their safeties.

For it appeareth by Cook, lib. 9. fo. 1. in his Epistle, that King Alfred made a Law, that the Parliament should be held twice every year, and oftner, if need require, in time of Peace: So that it was then conceived, that it was necessary to have Parliaments often to redress inconveni∣ences.

Also by a Statute made 4 E. 3. cap. 14. It is Enacted, that a Parliament shall be held once e∣very year, and oftner, if need be: Also by a Statute made 36 E. 3. cap. 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 E. 3. Also it appears by the speed that was in the Parliament held in 3d. of his Majesties Reign, five Subsidies were grant∣ed, two of them to be paid within few days af∣ter the Session of Parliament ended; and there∣fore might (as this Case is) have been ordered and provided for by Parliament, within 7 Months, as the time was between the Test of the Writ, and the time prefixed for Ships to be prepared and sent.