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.

Ans. From them all, I take the true meaning of him to be; and I hold, first that the Kingdom ought to be governed by the positive Laws of the Land, and that the King cannot change nor make new Laws without a Parliament.

Secondly, The Subject hath an absolute pro∣perty in his Goods, Possessions, and Estate, nor to his own use the King cannot take them.

Thirdly, Nor for his own use the King cannot lay any Burthen, Tallage, Tax, or Imposition, without the Subjects consent in Parliament.

Fourthly, For the benefit of Trades, the King may lay sitting Impositions, and may command that which is for necessary defence of the King∣dom, which is no Command of charge, but com∣manding of imploying.

Fifthly, I answer therefore to the great Ob∣jection, that Liberty of the Subject is lost, and the Property is drowned which they have in their Estates.

First, I say all private Property must give way to the Publick; and therefore a trespass to pri∣vate men, as punished by Indictment, because it is an offence of the Publick Weal; and though e∣very man hath a property in his Goods, yet he must not use them to the detriment of the Com∣mon-Wealth; a man may give his Grass or Corn when it grows, away, or when it is in his Barn; but if he will cut it unusefully, or burn or de∣stroy his Corn, or if he throw his Goods into the Sea that it may perish, these are Crimes punisha∣ble by the Common Law; so transporting of Commodities against the Publick Good; there∣fore the direction of those Statutes for the re∣straint hereof are from the Common Law, and the reason of this is, because the Publick Pro∣perty must take place; and if in petty business it may be, then much more in time of publick, and great necessity and danger; and it is rather an averment of the Subjects Property, that in case of necessity only they may be taken away, than contrary to it.

My Brother Hutton, and my Brother Crooke a∣gree, that all are bound in case of necessity, Ex∣ponere se et sua totis viribus, to defend the King∣dom, and may he not command a part with more reason than all?