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.

But here my Brother Crooke objects, That there is no Statute or Precedent to shew that any Inland Counties were charged.

Resp. I answer, That Statutes and Precedents do not extend to our Case, for this was in use many years before the making of Statutes; see the Stat. of 1 E. 3. and 1 E. 1. They cannot cross one an∣other, for then could not the Statute of E. 1. be confirmed by the Statute of E. 3.

Again, Concerning the Statute of find∣ing of Men and Arms; it is true, it is meerly the Common Law of England, and that meerly without common consent in Parlia∣ment, as my Brother Barkley saith. That the Sta∣tute 9 H. 3. and 25 E. 3. cap. 11. are the great Charters rather than Statute: And in King John's Time it was not taken for a Statute, but only for a Declaration: and so likewise it was taken in the Time of H. 1.

But now, If concerning the Charging of the County, the said Statutes were nothing but only according to the Common Law of England, I cannot see how they should cross one another now; for there is no difference, but only in such things as are given, as a Benevolence to the King; as in 1 E. 3. cap. 5, & 6.

As for the Statute De Tallagio non Concedendo, we deny it not; but the Difference is in the Oc∣casion of the Statute of 15 E. 3. There was a pretty Case put by Mr. Holborn, about the Office of Aulnage, where there was but a Fee to be paid out of it, and held a Talliage; but there is great difference between the Tallage, and this Service, which every Subject is bound to do by his Allegi∣ance to his Sovereign Lord.

Fitz. 103. The King may impose this Charge upon the Subject in this Case of Necessity, pro Bo∣no publico; and it is nothing but what every Sub∣ject owes to a Commonwealth in a time of Com∣mon Danger.

And from K. Edw. the Confessor, it was ordered by several Statutes, Let every one have their own Goods and Lands de Tallagio, and let no∣thing be taken from them.

But in this Case of Necessity in common Dan∣ger, is another thing; the King may then com∣pell his Subjects to this Charge: And I may add the Reasons strongly insisted upon by the King's Councel. My L. Crooke said, it could never be the Meaning of the Great Charter of the Liberty of the Subjects by this Stat. to take away the Power of the Kings Prerogative, and so to exempt them∣selves from this Charge of Defence; for there is the Kings Prerogative, and so to exempt them∣selves from this Charge of Defence; for there is

a difference between a Tallage upon the People, and a Service in case of Necessity, which they may be compelled unto.

My Brother Jones cited a most excellent Case, 4 Jac. upon the Opinion of Cooke and Popham; That the Talliage-Statute taketh not away; and and shall it take away this Royal Power of the King, so inherent in the Crown, the Protection and Preservation of his Kingdom?

From this Statute of 1 E. 6. Mr. St. John pro∣duceth this Objection: Here is seven Months from the Date of the Writ unto the time that the Ship was to be brought to Portsmouth, in which time there might have been a Parliament; therefore it ought to have been done in a Parlia∣mentary way.

But this will not admit the Calling of a Parlia∣ment; but if the Danger be not sudden, you must have it by a Parliamentary way.

My Lord Finch gave a full Answer to this; There must be a Preparation before the Enemy come, else the Defence is too late; there is a ne∣cessity to prevent a Necessity; and who shall give warning in such a Case, but the King? (saith Littleton) who gives warning? not the Tenant by Castleguard, but the Lord: and so conse∣quently in this Case, our Sovereign Lord the King: And therefore in such a Case, the Sub∣ject is bound by his Allegiance to the King, to assist in case of publick Danger.

My Lord Cooke tells us the reason of the Warn∣ing, he saith, there must in that Case be a prepa∣ration beforehand, lest your Defence come too late. Enemies are more easily kept out, than overcome when they are got in.

By the Statute of 8 E. 4. There Bulwarks may be made in another Mans Ground, but this Pre∣paration not without warning; and none can give the warning but the King; and the Subjects are to be at his Command, and none other; for there must be a preparation of the Subject in the Realm, to meet the Enemy before they enter the Land.

No Subjects can take upon them to build Bul∣warks, &c. It is an assuming of the Royal Power; for it must be done juxta Pr••ceptum Domini Re∣gis

Now I come to the Second Part; Whether this Assessement be warranted by Law or not?

The Writ was Dated 4 Augusti, to prepare a Ship against Mart. 1. therefore we see it is not a∣gainst the great Laws concerning the Subjects Li∣berty, because it is no Tallage, but a Service: for howsoever it must be granted, it must be a general Danger that causeth a general Defence; and there must be Matter in the Body of the Re∣cord to satisfie therein: There must be I say a a publick danger, and then it is secundum Legem & Consuetudinem Regni Angl. as appears 20 E. 3. n. 21. and also in Doctor and Student, cited before, That when Necessity doth require, the King may compel his Subjects to this publick Charge, though the King be the sole Judge, and his Certi∣ficate is not traversable, and cannot be denied; yet there must be Matter Appar. within the Re∣cord, to satisfie the Conscience of the Court, or else we cannot be Judges of the Case at all. If the Danger be general, the Defence must be ge∣neral; but if ordinary Danger, as Robbing of Merchants by Pyrates, &c. it must be at the Kings Charge; and we do see by the Petition of the Commons in many Parliaments, that they never conceived themselves subject to the Charge of or∣dinary Defence.

Now upon all that which hath been observed by my Brothers, there is enough in the Record to sa∣tisfie them fully (as if the King were not sole Judge) that it was a publick Danger, being pro Defensione Regni, Tuitione Maris, &c. it did issue to all the Kings Subjects as a general Charge, and not to the County of Buckingham alone; there∣fore I may conclude, when the whole Kingdom is in danger, the King may compel his Subjects to Assist in such publick Danger.

Then for the Assessement, many Exceptions taken unto it, and to the Record and Scire fac. I had provided my self to have given a full An∣swer thereunto; but my Lord Finch hath pre∣vented me, and hath cited the very Authorities which I my self did reply upon.