Obj. And whereas it is objected from the Sta∣tute of 1 E. 3. That no Man shall be compelled to go out of his County wherein he liveth, except incase of Invasion, and necessity requireth, and shall be done as in times past.
Resp. I answer, That this is meerly declara∣tive, and spoken in Affirmance of the Common Laws, and this use is declared by this Statute to be the Ancient Law of this Realm: Now what use that was was will be a very great Question in this Case; indeed it hath been much insisted upon both by Mr. Hampdens Councel, and my Brother Crooke, that the Subjects going forth of the Shire, shall be at the Kings Charge, which they have af∣firmed by divers Statutes; but that which will go far in this Case (as my Brother Berkley well ob∣served) is out of the Precedents of E. 1. E. 2. and H. 3. time; and in them you shall find it to be for Forein Wars, or else for ordinary Defence, as for pillaging of Borroughs or private Towns by Pirates, when the Subjects have not given their Aids in such Cases: And there is no doubt but the King hath paid the Charge in such a Case for the Defence of the Realm; but the Subjects gave the King Subsidies to do it herewith.