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.

The Answer to the Precedents.

The fifth and great point hath been, and in∣deed the chief Argument ••ath ••een a multitude of Records and Precedents which have been cited that should war••ant these Writs, and that the King hath done nothing but what His former Pro∣genitors have done, and have lawfully done, and that he doth now but More Majorum; and that which always in ancient time hath been done and allowed, and therefore ought now to be done.

I confess, these Allegations much moved me when I heard these Records cited, and so learn∣edly and earnestly pressed by Mr. Sollicitor▪ and after by Mr. Attorney, to be so clear, that they might not ••e gainsaid; but that they proved a clear Prerogative, or at least a Royal Power tha•• the King might do so especially when my Bro∣ther Weston and my Brother Barkley (who had seen the Records) pressed some of them, and relied upon them for the Reasons of their Judgments▪ I say, I was much doubtful thereupon, until I so perused all these Records sent me by the King's Councel, and satisfied my Judgment therein.

But now I answer, That if there were any such Precedents (as I shall shew that there was not one shewed 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 ••••••••ure; and then, as it is said i•• Cooke lib. 4. fol. 33. in Witt••n's Case, Judic••••dum, est legibus, non exemplis: And lib. 11. fol. 75. in Magdalen College Case it is said, Multitude erran∣tium non parit errori patrocini••m: And lib. 4▪ fol. 94. in Slades Case, Multitude of Precedents, un∣less they are confirmed by Judicial Procedings in Courts of Record, are not to be regarded; and none of these were ever confirmed by Judicial Re∣cord, 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 Kings part; for I have read them all over verbatim, and I presume they sent all that were conceived to be material, and I having tak∣en notes of every one of them, I conceive that there is not any Precedent or record of any such Writ sent to any Sheriff of any Inland Counties, 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 preduced in this kind; but it is true, that before 25 E. 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 plac•••• 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 Ma∣sters of Ships, and Mariners, should be at the Kings command, to bring all, or as many as he pleaseth, for the defence of the Sea and King∣dom, 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 no be at the Kings charges: But sometimes upon necessity they were appointed to be at the charges of the Towns and

parts adjoyning, which I think was the true cause of the complaint in Parliament, in 26 E. 3. and the making of that Statute for the staying of that course; for there is no record afterwards of any such Writs in R. E. 1. time after that Sta∣tute to Maritine Towns to prepare or send Ships at the charge of the Towns, but in time of E 3. then the wars begin between him and the French King: in Annis 10, ••1, 12, & 13. of E. 3. were the most Writs awarded to the Maritine Towns to fend Ships at their charges sufficiently furnish∣ed; and those I think were the principal cause of the making of the Statute of 14 E 3. Cap. 1. and after that Statute, no such Writs, nor any Com∣missions for that purpose, were awarded to any Maritine Towns and Inland Towns for the mak∣ing of Ships but one, which Record was much pressed by Mr. Weston, and my Brother Barkley, to prove that this course was and might be pra∣ctised after the Stat. of 14 E. 3. for sending forth such Writs, and allowed; but that Record is ful∣ly satisfied; for it was grounded upon an ordi∣nance in Parliament in 1 R. 2. m. 52. That all an∣cient Cities, Boroughs and Towns, that would have then confirmed their Charter without any charge of Fine, save only to make a Ship of War for Defence of the Realm, so this was not Com∣pulsary to any, but voluntary to those that would have their liberties confirmed, and afterwards in 1 H. 4. Commissions were awarded for making of such vessels of War, But those isshing forth without any ordinance of Parliament, were com∣plained of in Parliament, 2 H. 4. as to be against the liberty of the Subject, as appeareth by the Statute before recited, and those Commissions expresly repealed, and since that time of 2 H. 4. no such Writ issued forth in any age to any Mari∣tine Towns to make Ships, or prepare Ships at their own charge for the Kings service, until these late Writs.

This general answer I give to all the Records; and now I shall take a short view of all the Re∣cords that have been cited, and sent to me, and leave them to the Judgment of my Lords and o∣thers, if any of them prove these Writs usual and Legal.