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 SCIRE FACIAS.

Obj. Exceptions to the Scire fac'; As first, That the King is not intituled to bring the Scir' fac'; so there is a cui oneretur, to whom he should pay the Money, for whose good or benefit Mr. Hampden should satisfie the Money assessed.

Ans. I answer, The King is interessed in all Actions of publick good, and shall recover accor∣dingly: As in cases of Highway, Pontage, Mu∣rage, &c. much more when it is for the general defence of the Realm. 1. In Quare impedit, be∣tween two common persons, though the King be neither Plantiff nor Defendant, yet the King shall recover therein many times: In case of a common Informer the King recovers the one Moyety, though not Party; so it was in the case of Knight∣wood, though no Sute was depending. Again, all Writs in the Kingdom are the Kings Writs, though no Fine; much more here for the Defence of the Realm. And it is usual for the Kings At∣torney to compel men to perform Charitable Uses, and the King may question any one for them, in the Case of Cam. Reginam by Process out of the Exchequer. Again, where it is said, Quare ipse de praedicta summa ipsum assess' & non so∣lut' in Schedul' praedict' specisicat' onerare & inde sa∣tisfac' debeat prout ulterius sibi praeceptum, &c. For thought he Writ be in the Kings Name, yet it is but for the performance of the work and charge; and though it appears not who were Collectors or Assessors, yet it appears it was done.

Upon publick Service Process goes forth in the Kings Name, but it is not then so fit it should be expressed in particular for the King, whenas it is for the general Good only.

Was not the Object. made by my Brother Den∣ham, though none more constantly or chearfully did subscribe to His Majesties Letter: Neither was this Scir▪ fac. without His Advice, being the aptest Course, and better than Trespass: But the Objection that he made was, That the King cannot do any wrong, nor take without Record, as is in Seisure upon Outlary, Attainder, or the

like; and in this case there is no Record upon the VVrit 4 Augusti, no Judgment, &c.

Ans. I answer, This Scir' fac' is not annexed to the Writ, and is a new Action, That Mr. Hampden, Oncretur & inde satisfaciet; and after that Judgment upon the Writ, and upon his say∣ing nothing why revocetur, there shall be a good Record upon which he shall be charged, 3 Queen Elizabeth L. Dyer 156. Ignoramus is sufficient Title for the King, and ground for a Melius in∣quirendum.

Obj. No Scir' fac' lies upon the Tenor of a Writ, 39 H. 6. fo. 34. 21 Eliz. L. Dy. fo. 205.

Ans. I answer, A scir. fac. upon a Recogni∣zance will lie in Chancery, but upon the Record there; yet in a Debt an Action of Debt lies upon the Tenor of a Record, 39 H. 6. the doubt was, because the Party might be subject to a double Execution, one upon the Record there, and ano∣ther upon the Tenor of the Record in another Court, 33 E. 3, Title Tenure by Transcript 8 H. 5. F. H. Error Scir. facias Register fo. 51. Re∣cord was before the Justices of the Kings Bench: The Tenor was out of the Treasury to the Barons of the Exchequer; and it is the usual Order if Re∣cognizance be forfeited to certifie the Tenor of the Recognizance, so of a Fine of Amerciament, &c. to certifie the Transcript thereof: So the Transcript was sent from Ireland upon an Act of Parliament; a Scir' fac' thereupon went against Hebcon Ba••on in England; so in Debt upon the Transcript of a Record from Ireland, a Scir' fac' here went forth.

Obj. Objected it was in the last place by my Lord Chief Baron, that Judgment in this Case would be fruitless, and none should take benefit by it upon this Record; and he puts divers Cases wherein Judgment in such Cases ought not to pass.

Ans. I answer, My Lord Chief Baron with a Judgment of his own in case of Knightwood, re∣solved here in this Court; the Case was this: The King by Writ 5 Januarii, 1 of the Kings Ma∣jesties Reign, commanded the Sheriff of Berk-shire that all that had 40 l. per Annum should be in the Ch••ncery 31 January following, to take upon them the Order of Knightwood: Sir John Darrel Sheriff of Berk-shire made his Return, (as the Sheriff of Buckingham here) All that are not Knights under the Name of Illorum, and sets down their Names; Mittimus thereupon went out of the Chancery, re∣••iting the substance of the former Writ, Vobis Mittimus presentibus, &c. with a Clause to enquire after such as were not returned, and to Fine them; and upon this Writ of Distringas to the Sheriff: My Lord Chief Baron and my Brother Denham know what Judgment was given, wherein I ob∣serve first not the Record, but the Tenor of the Record was sent into the Exchequer, yet return∣able in the Ch••ncery.

2. For the Returning of the Names of the De∣faulters done there as here.

3. Upon the Distringas thereupon was had Ex∣ecution, much more then here, upon the Scir' fac'

4. There was no more Judgment of Record to warrant it, than here in this.

Now I come to conclude, I have been some∣what too bold in taking more time than is usual, but I did it to satisfie my own Heart, according to which I must give my Judgment: what I have o∣mitted, I refer to the rest of my Brethren that went before me, and to my Lord Chief Justice that comes after me. The Reasons I shewed you whereupon I conceive by the Common Law, and Fundamental Policies of this Kingdom, That the King may charge His Subjects for the Defence of this Kingdom, and that the King may charge His Subjects to contribute towards the Defence there∣of, when it is in danger; and I hold that the King is Sole Judge of the Danger, and ought to direct the Means of Defence: And therefore this Writ of Scir' Fac', and all the Proceedings in this Case, are well grounded according to Law. My Opi∣nion therefore is, that Mr. Hampden shall be char∣ged with the 20 s. Assessed, and that my Lord Chief Baron ought to give Judgment accord∣ingly.