Obj. The Writ is directed probis hominibus, and these cannot be charged in an Inland County.
Ans. What difference there is inter probos homi∣nes, between Inland Counties and Maritine Coun∣ties, I know not: 24 E. 3. A Writ whereby they were charged in case of necessity, as to Yarmouth it was probis hominibus, &c. True; a Grant by the King probis hominibus, is void, 1 H. 7. Dy. Pl••l. & Mar. 7 E. 4. 14.
But a Commission or Writ to Assess them good enough, probi homines, that they know not, nor see not, it is not material, for that would make them sole Judge of the danger, whenas the King only is, and this not Traversable neither.
The Writ Commands Inland Counties to find a Ship, and Mariners, which is impossible; and lex non cogit ad impossibilia: And for this my Bro∣ther Crooke put the Common Cases, that general Return 49 E. 3. 6. and Impossibilities are void, a Covenant for impossible things is void, but a Bond may be good.
Ans. I answer now to the point of Impossibili∣ty, and possible the Ship may be built in an Inland County, though to carry it to Portsmouth is impos∣sible; but 'tis possible to provide a Ship and Mar∣riners as the Writ commands, which may very well be done with Money.