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Answ. Custos Maris & Maritim' are verbal, he that hath one defends the other.
They have left no stone unturned to take away the force of this Case. They tell us now the Clergy was put out of the King's Protection this year, and so appeared in the Exchequer, but they have not shewed any such Writ delivered
into the Common Pleas, only Spencer's word of mouth, that they should have no priviledge there. Suppose it were so in other Courts, 25 E. 1. it appeareth plainly that the Clergy came all to be in the King's Protection, and gave Ransoms; and this Cause was not till Michaelmas after. And whereas it is said, This Abbot's Case did only concern the Land Service, it proveth both the one and the other Land and Sea Service Money for Sea service; Horses for Land Service.
Oh they say, 29 E. 1. Magna Chart. was not observed; John de Gray, and Philip's Case, what∣soever was the practice of that time not material. And for that of the Charter of the Forest, they say, though it be said, Nullus amittat vitam vel mem∣brum pro veneratione nostra, yet one was beheaded; but what is all this to the safe custody of the Sea?
Nay they have not shewed your Lordships, that there was any thing in that great Charter for the custody of the Sea, 51 H. 3. fo. 84. Britt. 177. Fleta & Fit. 2. L. Coo. Littleton.
Perhaps question might be about this in the Ex∣chequer. At this time the Case of Shoreham dis∣charged of Land service, because they found Ship∣ping.
They that were nearest danger, most fit for that defence, as the King in the tenth year sent only to Maritime Towns, 2 R. 2. m. 42. Beverly, they say, were discharged because that it was an Up-land Town, therefore no In-land ought to pay them.
Writ directed to William Russell, Admiral, com∣mandeth only the Sea Coasts.
13 E. 3. 35. m. Cl. 1. pars afterwards dischar∣ged, because of other Service. And for that of Beverlye, a complaint that they were to contri∣bute with such a Town to find a Ship, and they say they have priviledges; and the special Reason why it was freed for reverence they bear to St. John de Beverlye discharged, Rott. Franc. 21 E. 3. m. 17. there was a discharge of, &c.
Mr. St. John knows it, 120 Ships granted to the two Admirals, North and West, for service beyond the Sea, 31 E. 1. de inveniend' Horses, because of great business in his Wars abroad; he bound them to make Galleys for Foraign service. Truth, at this time, the King was in ScotLand, and kept his Christmas there. Then they come to 31. as though he should do it by service of the Cinque Ports.