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. Last Objection, That the King at His Pleasure may draw when He will this Charge up∣on the Subject, if he say he is of Opinion that there is danger.

Sol. Why may not the Law allow this and trust the Kings Judgment here, as well as in the Case of a Ne exeat Regno; in which if the King com∣mand His Subjects to stay at home, for such and such a Cause, as for danger, &c. the Case is not traversable. Fo. 165, 85. 7 H. 7. saith, If the King doth certifie an Act of Parliament, you cannot say against it: To the Kings Certificate under Seal Nul tiel Record, is no plea.

Again, (God Almighty bless the King) it is a∣gainst the presumption of the Law, that the King, whose Heart is in the Hand of the Lord, should tell a Lye: God gives Wisdom to govern aright; lying Lips do not become a Prince; Truth to God Almighty he owes. The Law sayes, that the King may nescire verum, but not discere salsum. The King may not know a truth, but cannot teach false. Next, Juramento stricto, he is bound to ad∣minister Justice, and not to grieve his Subjects; Is he so unwise to charge them and himself with∣out cause with a provision of Ships? what benefit comes to him by it? surely to tell a lye will be for some advantage; He were a King of Wicked∣ness, to lay a Charge on the Subject to no pur∣pose, here he shall charge himself and his Subjects to go about nothing: Doth any man think that he will put a Burthen upon his Subjects without Cause? We have a Good King, and our Imagi∣nations ought to be Good of our King.

4. Assertion, That the King hath power to compel them to the contribution of this Charge; this Power of the King is a Special Prerogative, and if good at Common Law, it taketh away the Statute, when It is pro bono publico to defend the Kingdom.

The general words of a Statute shall never be construed to extend to it: The Charter of King John shall never take away the Kings Prerogative, neither the Statute de Tallagio non concedendo, which I agree to be a Statute, and so my Lord Cooke al∣lows it to be. Now this Power of the King of which I argue is a special Prerogative in point of Government: It is a proprium to a Scepter quarto modo; therefore the general words of a Statute shall never be construed to extend unto it; as if the King have a special Interest in Land by His Prerogative: It shall not pass away without pre∣cise

words; as the Books are infinite in it.

If the King grant away Lands by his Letters Patents, parcel of a Forest without special words, this shall remain subject to the Forest Laws; still so many Cases may be put, when general Words of this Statute extend not to particular Preroga∣tives. If the general Words of this Statute should take away this Ayd, why do they not take away these Ayds pour faier Fitz Chevalier, pour Marier, &c. since that general words may in∣clude them as well as this? But you all grant that these Ayds are not taken away, and by the same Reason I conceive this remains.

My Brother Crawley held that special Words in an Act of Parliament could not take away his Prerogative, because it would have been an Act against Reason: I will tell you what I have heard adjudged in this Case in the Parliament held 1 Jac. There were two things expresly moved; One, That there might be no Wardships or Te∣nures of the King: The other, That the King might not allow Purveyors. To these Questi∣ons, after long Disputes, it was Answered by the whole Parliament, That such an Act of Parlia∣ment to Top the Prerogative of Tenures, would be void, because it is inherent to the Crown; every man holds immediately or mediately, ab∣solutely of the King; as 2 H. 7. An Act of Par∣liament to restrain the Kings Non obstante to di∣spence with Penal Laws, as not to pardon Mur∣der, is void; his Person and Royal Prerogative cannot be restrained by Parliament. Thus I have done with the forme, and larger part of my Ar∣gument.

Now I come to see, whether this Record will maintain that which we have here; and I think it will bear it both for matter and form. 1. To see whether there be Substance enough to shew, that there is danger sufficient for this prerogative to require Aid and Assistance; and I think that there is sufficient: The French King, the Spam∣ard, and the Low-Country-men, are all up in Arms, who knows what danger this Kingdom may be in? and if the King say it is in danger, it is nottravers∣able if the King had said no more but this pro defen∣sione Regni; without more saying, it ••ad been suffi∣cient; It also Recites that there were praedones, Pi∣ratae that took away both men and Ships, and that Foraeign provision was making to take a∣way the dominion of the Sea, and that all this was ad gravandum regnum nostrum, and therefore commands a Ship to be provided ad defensionem regni; Here the danger is general, and therefore the defence must be general.

An indifferent and equal Assessment is first to be made, and then the overplus of the Provision to be restored according to the VVrit; for till the money be had, how can the provision be made? though it hath been said, let the Ship be first builded, and then make the assessment: That cannot be, for with what shall the provision be made? the mony must do it,

For matter of Precedents as Danegelt, &c. I do not much stand upon, because I have not time to peruse them; But conclude on my former rea∣sons.

(My Lord Chief Justice Finch asking the Judge what his advice was, he answered) My advice is upon the whole matter, that (the Barons sind∣ing the other process of Court and Scir. fac. to be according to the Course of the Exchequer, for that he would leave to them) Judgment shall be given that Mr. Hampden shall be charged with the 20 s, with this limitation and condition, that none of if it come to the Kings purse, for it did, his Opinion was against it.