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.

Mr. Solicitor his Third daies Argument, Novemb. 14. 1637.

I Shall go on where I left, only inform you of one Record, 1 H. 4. The Writ that went for the Array of the Bishop of Canterbury, which doth recite that, Whereas there was danger up∣on the Sea, he and all the Clergy should Manus opponere adjutrices; I speak of this, because it was at so low a time as Henry the Fourth. And it was pro salute populi.

Co'ia Pl' 14 Jac.

Common Pleas between Weaver and Ward; Command came from the King and Council, that the Bands in London should be Mustred for the Training and making of them ready to defend the Kingdom. One in Training hurt his Compa∣nion, and he thereupon brought an Action against him, and this was pleaded in Bar, that he was Mustred by Special Command, and this was ad∣judged a good justification, because it was for the preservation of the Land, 28 H. 8. which re∣cited, that the King did pay them in Lincolnshire: But for the other, he saith, he will remember their pains.

Now I shall go on.

Object. It was Objected of the Statute of Wil∣liam the first, that the people should enjoy their Lands freely, Sine omni injusta exactione sive Tal∣lagio.

This was for Money to be received for a gene∣ral thing, but that it was not for this thing, ap∣peareth in one Chapter, that Knights Service Te∣nure should do what belonged to it; the rest Fra∣tres conjurati ad Monarchiam Angl' defendend', 14 E. 3. c. 1. 25 E. 3. 1 E. 1. Walsingham 184. All these are set aside by the Statute, and concerns not our question. Ours is ratable and proportio∣nable by old practice. And it is one thing to com∣pel a particular man; and another thing, to set an equal rate upon the whole Kingdom.

Last of Febr. 3 Car. a Commission for Loans for the defence of the Kingdom, they meant the Commission, which was a consideration to Levy Money, by reason of the necessity of the time. It appeareth in the Journal Book Impositions, or otherwise to raise Moneys, not concerning this question. It appeareth by that the King gave a gracious answer unto it, and that it was done for the present time: a Warrant for advice only. It was done to raise Money in general, but no determination of right, and said that at your de∣sires it shall be cancelled. Then there was a Commission of Loans, Feb. 5. 2 Car. and this they say was for the defence of the Kingdom. It appears that it was for the defence of the Pa∣latinate and Denmark, and for that a Bishop was sentenced for this mistake, for Mr. Pyme brought up the Articles against him: I shall now come to an Objection worthy the making by Mr. St. John; and because it is a thing not truly understood, but taken at random, I shall crave your Lord∣ship's patience: And that is the Statute de Talla∣gio non concedendo, 25 E. 1. made after the King went into Flanders, and agreed upon here by the Prince as Vice-Roy, and after sent into Flan∣ders to be sealed by the, as it is put in some Books. The words are general. No Tallage to be taken without consent of the Lords in Par∣liament. For this I desire the liberty to inform you of the Story of the Times to make a better Answer.

1. This is not all, in some Statute Books it's not mentioned; in others, no Kings Reign mentioned. And in E. 1. no year of it, and now they would apply it to 25 E. 1. and this they would ground upon compelling of Aid, 23, 24 E. 1. and the Commission in 24 E. 1. did issue upon that, and consequently that this Aid was the Aid complain∣ed of, and then redressed. Walsingham, a Monk of St. Albanes, they relye upon for this, that writ some sevenscore years after the thing done. Sir Ed∣ward Cook saith, Chronicle Law is not much to be regarded. True, he saith Chronicle Histo∣ries may shew us the Times, if it tell us what the Law is, not to believe them: No Historian that I ever knew that ever read the Record, therefore no true History; for the most part they are taken up in Pauls or the Streets. To take something in consideration, by way of stating the Case upon the Statute Confirmatio Cart. and the other de Tal∣lag. non concedena', that is, that no Aid shall be Levyed but by assent in Parliament.

The first Statute is, That so such Aids shall be Levyed, the nature of it, and the Acts them∣selves rightly compared, there remains no scruple against this Case. Three things for the true un∣derstanding of this must be considered.

First, What kinds of Aids had been in use be∣fore the Acts, 25 E. 1. and for what they were taken.

Secondly, How and what remedy was given by that Statute.

Thirdly, How far that Statute de Tallagio is in force and of Authority in this Case.

For the first, It appeareth in the common Sto∣ry, that in 21 E. 1. the King of France had seized all the Dutchy of Gascoigne, upon pretence that he did not appear at his Parliament at Paris upon a Summons; thereupon Edward the first took a course for regaining of his Dutchy, and the War continued with various success till 25 E. 1. and had also wars with Scotland and Wales, for though Wales was taken 12 E. 1. yet there was one Maddox that pretended himself to be of the blood of the Prince, and he was not taken till 23 E. 1. And till that year they were not quieted; having all these wars against Flanders, Gascoigne, Scotland, and Wales, some at one time, some at another, and most together, upon these occasions divers Aids and Supplies were taken on several natures, some were by voluntary Grant of the people, some were by Impositions and Le∣vies by the name of Tallages or Taxes to be paid to the King, some by Agistment of Lands. As the Abbot of Robertsbridge, 25 E. 1. All this appeareth in the Commission for Extortion.

Besides all these, some by prizes of Goods and Money taken from the Possessors, without any Payments, Rates, or Taxes; nay, there was then ransacking of the Monasteries, and taking of the Money, found there, Mr. St. John's Case for Mo∣ney taken out of the Treasury; besides all these there were some by way of Ransom, as Mr. St. John rightly observed, and shewed his Learning and Industry; that the Clergy upon their deni∣al to the King, were put out of the King's Pro∣tection, they did Ransom themselves by giving a fifth part of their Goods, Pat' 25 E. 1. pars 2. m. 11.

The People being thus grieved with such Aids and Prizes, so extraordinarily taken for the main∣tenance of Foraign Wars, obtained that it might be enacted that such Aids, in a relative Term,

may not be granted nor taken without their con∣sent.

Observe this one thing, The Merchants of Eng∣land three years before had granted the King Sub∣sidium guerr. upon every Sack of Wool five Marks, three Marks upon Wool-fells, upon every pack of Skins five Marks, and this was granted of their own Free-will, and to continue per diennium aut triennium, 22 E. 1. m. 2. Fine Roll. where it is there Registred. Next year before Confirmac' Chart. all the Layety, except Cities, Burroughs, and antient Demesnes had granted to the King in Subsidium guerr. the eleventh of their Goods, 24 E. 1. m. 2. Patt's pars 2. And the Summer be∣fore Confirmac' Chart. an eighth granted by all the Layety except the Cities and Burroughs, and they granted a fifth, and this was still for the War, 25 E. 1. m. 11. Pat'. Application is this, those many Aids of these several kinds having been granted for the War, divers men of that time did doubt and fear, that however they meant it for a certain time; yet, being not so clearly expressed it might bind them for the future; that they so doubted, appeareth by Confirmac' Chartar.

And forasmuch as divers people of our Realm are in sear, that the Aids and Taxes, which they have given us before time towards our War, and other business, of their own gifts and good will, might turn to a bondage to them and their Heirs; And likewise for the prizes taken, we do grant for us and our Heirs, that we shall not draw no such Aid, Taxes, or Prizes into a custom for any thing done heretofore, be it by Rule or by any other Precedent that may be found.

Then, my Lords, for no occasion such man∣ner of Aids, Taxes, or Prizes shall be taken but by common consent. But it endeth not so, saving the antient Aids and Prizes due and accustomed; this being the state of the Case, be pleased to ob∣serve the complaint of the people. This kind of Aid it is plain, was never meant there, when Sa∣lus populi periclitabatur and may be lawfully Levied notwithstanding the Statute.

Reas. 1. The Act is only such kind of Aids and Taxes as have been voluntarily granted by the people, some by Merchants, and some by others, that they should not be taken against them here∣after, but by consent in Parliament: (such) is a relative. It is not general, no Aids, but no such Aids.

Reas. 2. It refers to those that were voluntarily granted to the King for Scotland, and Wales, and his other Wars.

Reas. 3. Another Reason why these Aids that had been for the custody of the Sea, could not have been said ayd of their own good will: For observe the Abbot of Robertbridge's Case, it ap∣pears plainly it was done against their will, for the custody of the Sea by vertue of the Law, and the King's Writ.

August before Confirmac' Chart. those that had given an eighth part, they did expresly obtain Letters Patents, that such their free gifts might not be hereafter in Servitutem, 25 E. 1, 2. that is the very thing doubted in Confirmac' Chart. Now those that had granted an eighth, had no reason to do it, for they had a Charter to free them, but the other had not: And therefore the Statute might well say some did fear, not all did fear: So on the whole matter, there are no other Aids but these voluntarily granted at that time, none in the body of the Act, but those granted with a good will, for those Foraign wars, and upon the 40 s. remitted by the King upon every Sack of Wool with three Marks granted, 22 E. 1. was by the Merchants only; for the War in Cas∣coigne, thereupon it was enacted the King should not take such things without common con∣sent.

2. There is in the Statute Confir. Chart. an ex∣ception.

That all antient Aids due and accustomed was excepted, and therefore what kind was meant in the body of the Act, the exception makes clear, antient Aid excepted, this was an ancient Aid, and therefore never meant there; nothing to in∣duce a new Law, that no Aid should be taken, but no such Aid, no Imposition should be taken, but the practice of all Ages shews that this was Levied ever since from time to time, which is an interpre∣tation of the words of the Law. This I do open to make way to the Statute de Tallagio non conce∣dendo; thrice in the Statute is this word (such) but that they would make use of that Statute de Tallagio non concedendo of it self, without relation unto that; whereas it will appear it is a meer ex∣tract out of this, and no Statute of it self, for de∣bate of that, this de Tallagio is the same with Confirmac. Chart. it is a plain extract of it, or some other thing at some other time; sometimes in some Printed Books Nullum Tallagium. No Aid shall be taken by the King, sometime with∣out notes of time, and at the best it is no more; but it is said it was in the time of Edward the first. If we shall compare Confirmac. Chart. and the Ar∣ticles that are in this, we shall find it to be no∣thing but an extract out of the Statute, and that it was no Act of Parliament.

Now to make it appear that it was an extract taken out of it,

1. The several heads de Tallagio.

2. The Charter against Prises.

3. Another against Wool.

4. A general consirmation of Laws and Li∣berty.

5. Pardon to divers Lords there.

These are the things in which they would make it a Statute of it self, all expressed in Confirmac' Chart' they do not differ in substance.

6. A sixth head it is the very year of 21 E. 1.

For the pardon of those Lords was made 5 N. 25 E. 1. this same was sealed by the King, word by word proved by the Statute Roll, the very same Roll that hath the Confirmac' Chart. the next fo. the Monk did mistake this Statute. No man will believe a Monk that writ sevenscore year af∣ter against a Record.

I shall shew what it was that was sent over into Flanders, and that was Confirmac' Chart. and did bear date 10 October, the King being then in Flan∣ders, and there Sealed by the King himself, that it may appear there is no manner of question of it, here is the very Copy of the Statute Roll, and the whole Confirmac' Chart. is recited verba∣tim in witness, 10 October, 25 of our Reign, whereas Walsingham saith, that this very Charter word for word was sealed in Flanders under the great Seal of England, 5 N. 25 of our Reign, and sent back into England, for this Statute Roll of that time doth expresly say, that this was the Charter that was sent over into Flanders, and hath the same teste word for word, and this was sent back into England. To confirm it further, the next thing that followeth upon the same date and Roll, is, the pardon to the Earls; this was dated, 5 No. when this Confirmac' was sealed.

They have not yet shewed that this Statute de Tallagio was ever entered upon the Roll; nay, it could not be entered, Who would think that an Extract of an Act of Parliament should be en∣tred upon the Roll?

If they can quit Wallsingham, they are wise men; they must carry the practice of all times; Where did ever any man see that this Act of Parliament was ever shewed to discharge men of the defence of the Kingdom since 25 E. 1? Did no body know this mystery to plead not to de∣fend the Sea and their Lands? Did no man hear of this till now? shall this against all the practice of times since, take away the flower of the Crown to compell people to aid for themselves? A harsh construction.

If this should be true it would destroy even Acts of Parliament, to what purpose is that Sta∣tute made of 25 E. 3. if that were totally taken away before? and if no aid, those aids pur file ma∣rier, &c. was taken away also; nay, if this be an Act of Parliament, When was it made? before 25 E. 1. or since? it appears not where. It is Indi∣viduum vagum, I know not what, but in truth an ex∣tract. Nay if this be an Act of Parliament under these words, no Tallage is equivocal as well as aid; that is proper Tallage that is laid upon Vil∣lages, 25 E. 3. 100. Avowry Entries 406. b.

8 E. 2. Execution 36. 15 E. 3. 106. Avowry. A rent may be released by the name of Tallage.

No mention of this in all Ages. Then it was further objected that 25 E. 1. m. 7. pars 2. expres∣sed in the King's Proclamation, August 12. before ever he was going into Flanders, that he was sorry for the Aids demanded of his people; Let him remember for what reason he did de∣mand them; these Aids, which he was sor∣ry for, and sent over unto him, were Aids grant∣ed not for the defence of the Kingdom in general, but for the defence of the Kingdom mixed with Foraign defence, by reason of his Wars with Gascoigne, Wales, Scotland, and elsewhere; for that it was for Foraign Wars. Upon this follow∣ed the Commission, 26 E. 1. Pat', that went to all the Kingdom that makes for us. There are three parts in that Commission, First, observe if the Of∣ficers did any thing without warrant, they should return it. Secondly, If done wrong, the King should answer it. Thirdly, They should be sa∣tisfied with reason, if the King did warrant it.

The Answer thereunto given, was upon ano∣ther Construction made of the words of the Re∣cord in 2 R. 2. Parl'. The cause was this, the Chancellor declaring the causes of this Parlia∣ment, he doth shew that the King in the end of the last Parliament, had assigned some Lords to be of his continual Councel for the year follow∣ing; the number was seven that were assigned, and were sworn to give good Counsel for the aid of the Kingdom: These Councellor treat∣ing of the perils of enemies of all parts, and the matter requiring dispatch, they durst not under∣take the ordering of so perilous a thing; there∣fore ordered a grand Council to be assembled; the grand Council was assembled, to whom was shewn the great peril and mischief of the King∣dom apart, by Wars, by Land, and Sea, that nothing was remaining in the Treasury for the maintenance of Wars for a final conclusion, that they might remedy this mischief; they say, that it cannot be granted without Parliament; this was the English of it, and in the mean time an Army might be Landed. And for the present Supply of the charge of such an Army, lent the King great sums, which by great security, and other things, he did engage himself to pay; up∣on this the Lords did advise how it might be done at the least charge to them all, and how the King's right of his Crown, and other Inheri∣tances beyond the Sea might be safe, and the Kingdom and themselves defended, to the confu∣sion of all their enemies. To this purpose the Treasurer was directed to be ready to shew what was expended next Parliament, to be bestowed for the Marches of Scotland, Wales, and Ireland, and said in that great Parliament, they could not remedy that mischief of that time, without char∣ging of the Commons, which cannot be done, say they, without Parliament.

It is plain, by the Story of that time, and the words of the Chancellour, that it was for the continuance of Wars in France, Scotland, and Ireland. And though the defence of the King∣dom be mentioned with these Wars, yet the main supply was for these Foraign Wars.

Next place in the Parliament a little before, the like Aid for the like occasion desired by the King, 2 R. 2. no. 24, 25. Parl' Roll; What did the Commons say now? They ought not to bear such Foraign charges: the King gave them a fair answer, admonished them, for Gascoigne con∣cerned the Kingdom of England, for they are Bulwarks of the Kingdom of England; Barbacon is an old Fort de hors, for the Aid demanded in that Parliament, was, with this relation, as con∣sonant both together, concerned the defence of the Kingdom, that they might be Bulwarks for the Kingdom of England.

Next place, Who spake these words? The Lords said they could not remedy the mischief without Parliament; the Lords assigned by Par∣liament they durst not do it, it was dependant upon the other part; the Lords could not do it that way.

But shall we come home and speak plain Eng∣lish? We know this was 2 R. 2. a young King. It doth appear expresly, that these things were brought into the Parliament for advice, which were fit for Royal Authority for expence for Wars, and for Council, and for governing of this Realm. It appeareth further by the very Chancellors Speech, that the Council ••••d been heretofore ordained for governing of the King∣dom, 2 R. 2. Parl' Roll. This Parliament taking notice of the King's tenderness of age, they took much power into their hands. There was to be a consent not only for the governing of the King∣dom in general, but the Councellors should be chosen to govern the State for two years, and these Councellors not to be removed from the King without Parliament. And more than that, his Treasurer was to be governed by the Parlia∣ment, and his Councellors chosen in Parlia∣ment. At the end of the Petition of Right, neither Lords joynt nor several can declare a Law without his consent, and that your Lordships, and none but you are Interpreters of Laws: Wise King James did, &c.

Next thing considerable is, Tempus Belli, to define it.

It is, when the condition of the Time is such, that the Current of Justice and Law is by such violence stopt, as Judges not to sit, nor Sheriffs dare execute, nor any Courts open, especially the Chancery, which is Officium Justiciae.

Object. It was thus, that there was a time when the King might command this Levy to which they did agree.

They do agree, That the King may command this Levy when he hath Proclaimed a War, though no blow stricken, nor danger, nor Arms, nor opinion of any force coming; this doth put it into the King's power by their own consent. And by all Reason, 19 E. 4, 6. Bryan's opinion how many Wars have been Proclaimed in this latter Age. No War denounced in 88, though consulted of in Spain, and they did not think fit to denounce a War, saith Sir Walter Raleigh; those daies are past. Now they begin by the Sword, not by the Trumpet, or Herald.

Next place they say, If the King be in the Field with his Banners displayed: This, they say, was Tempus Belli. Cannot the Courts of Justice sit then, but there must be peace? 39 E. 3. Ro. 10. Did not the Courts of Justice sit then, 10 E. 3? Our ordinary Printed Books shew what Causes of Law then was. And in H. 6. time in all our Civil Wars; and in H. 7. time also they sate then. But the true time to make it Tempus Belli, is to make it a war against the King.

In the North, towards Scotland, when the Enemies approaches, is it necessary that there must be a time of peace, because the Courts of Justice sit at Westminster Hall? There may be as strong a war in the North and West as ever was in England, when the Courts of Justice sit here.

That Tempus Belli may be in some places of the Kingdom, and in some places not, appeareth, 33 E. 3. And who shall discern if there be any danger? They agreed in general, the King will do it, and the power of discovering in his Maje∣sty, I shall leave it to the King, till Mr. St. John find a third person to do it.

Object. 13 H. 4. For the Murage that this doth only charge things that are Venalia, for men need not go to Market.

Answ. How shall they then live? True, not com∣pulsory, to go thither but compulsory to pay the money.

Object. 1 R. 2. no. 76. 2. pars, Petition for the City of London to have all owners of Lands to be rated with them in the danger of wars, not having Lands in Tenure to do it.

Answ. This doth make for us, that not only Merchants, but every man in the Lieu of Te∣nure to do it. Lord of St. Albanes saith of Hen∣ry the Seventh, that Kings may fall from their absolute power when they see cause, but not be compelled to do it. They say Supplies are called those things Sine qua non, the Kingdom may not be defended. And because there was a way in Parlia∣ment, therefore no other way? They say that it will not be affirmed, that the King hath the same power for an Offensive war, as for a Defensive war. I affirm nothing, nor defend. The Par∣liament is a great Body, and the Kingdom may be lost in the interim.

Object. There is forty daies for Escuage, like for Parliament.

Answ. Many times impossible, nor convenient to be done by Parliament.

First, Impossible, the necessity may be such, that it will not brook the delay of a Parliament, 48 H. 3. Summons ad Cinque Ports. They come day and night to the King when any dan∣ger is.

Object. It hath been said, There are seven Months between the Test of the Writ, and the Ships being at Portsmouth, in the mean time a Parliament might be Summoned.

Answ. The great one, and the true answer is, that this resteth still in the King's Judgment. If the King hath intelligence that Foraign States will set out the next Spring a Fleet. And for the con∣veniency of his people, sendeth seven Months before; Hath the people cause to complain of this? Mr. Hampden hath not paid his money yet, being two years after.

If they should have gone by Parliament, see what Rubs in this Case might be: forty daies is spent before the Perliament sit; then when they meet in Parliament, there is a Ceremony in choosing of a Speaker; Solemnity in these takes up time; then the Lords take things into considera∣tion: then they must have Conference, Dis∣putes, in both Houses, before they agree: the Kingdom may be lost in the mean time. Sup∣pose this come in some reasonable time, there must be Writs made out, and that is not soon done, for all the Counties in England, some rea∣sonable time to make assessments. First in the Cit∣ties, then in the Burroughs, then particular As∣sessments, then divisions; after all this, there must be Collectors appointed to levy the Money. What a deal of time is spent in this, every man may see.

Our Case, say they, is an In-land County, they cannot find a Ship suddenly, therefore the greater the King's favour to lend them his Ships instead. When all this is done, and Ships pro∣vided reasonable time to Sail from the North to Portsmouth; But this doth rest in the Judgment of the King.

31 H. 8. ca. 8. An Act of Parliament, not to take any of their Inheritances or Lands.

Here is no Lands or Goods taken away. On∣ly let them contribute to the defence of them∣selves. Mr. Hampden hath had none of his Goods touched.

Object. They say for Shipping, it was not done in King John's time at the Subjects charge, they do not meddle with Land Service at that time.

15 Fo. 13. dor. Cl' Roll, King John had business be∣yond the Sea, that this was rather for beyond the Sea than for the Kingdom, appeareth thus. The Writ saith to have such Ships as would carry eight or six Horse; and that must needs be, for some Foraign service, not for service at home. N. 1. dor. Cl' Roll. The King was well Landed at Re∣chell.

Object. For the terms of the Law which con∣cern Hidage, and other things, Brac. fo. 37. Some services introduced by common consent, and not so from time to time, I will not trouble you with it.

To come to the Case of the Abbot, that Arms was laid on by the Statute of Winchester; that will not serve, Arms were long before that time. They say the Assess was in time of war.

The French had burnt Dover, 23 E. 1. and that the Sess was not made by the King's Authori∣ty: But it appears, it was by the King's Autho∣rity by vertue of his Writ, 25 E. 1. Lord Trea∣surers Remembr. Layborne was Admiral of all the Kingdom, and was Custos Maris Maritim' of some parts, but that it was for Land service and not for Sea.

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.

Object. Newcastle upon Tyne at their own wages, but when into Scotland at the King's pay then they came to this, 10 E. 3. Cl'o 6. Roll. sent for Ships into North-Wales and South-Wales; the Writs did say that wages were not used to be paid for such service, and did express in his Writ sa∣tisfaction should be made unto them, not of right but de gratia, and reciteth the clause that the people were bound unto it, 2 E. 3. 16. dors. that there should be 300l. to relieve the Fishermen, the King should not have it of the people of that Town, they say all these Records being matter of Fact, did occasion the making of divers Statutes of redress, 14 E. 3. ca. 1. Great Aid for France, Scotland, and Gascoigne, 15 E. 3. no. 9. contrary to Magna Charta, 22 E. 3. no. 4.

36 E. 3. 9. No Goods taken without consent, these are things comprehended within the Peti∣tion of Right, 37 E. 3. n. 2. speaketh only of the great Aids.

23 E. 3. Galleys made; they said the King paid for them; that is, upon the King's own promise, but they said that is nudum pactum; then they say, Is he King's words nothing? 13 E. 3. no. 9. cal∣led a Parliament propounded as on the King's part not liable to the defence of the Sea. If the Com∣mons have nothing to do with the guard of the Sea, Why is it propounded unto them?

••0 E. 3. no. That the guard of the Sea be made henceforward at the charge of the King, as hath been promised, and there the people discharged. They do not affirm in their own Case there was any right, 21 E. 1. Fran. Roll. m. 9. 2 s. on the Merchants, and 6 d. poundage for a certain time, and to cease tam quam, &c. 22 E. 3. 2 s. upon a Sack may cease.

Answ. All these things granted for Foraign Wars, and if the Cause cease the thing should cease.

2 H. 4. Commission for building of Galleys; the King would confer with the Lords about it; then 19 H. 4. 17, 21. touching the guard of the Sea not bound unto against Wales.

4 H. 4. 28. m. Tonnage and Poundage not to be taken without common consent, protestation of the Commons doth not bind the King.

Thus to conclude, if upon ordinary occasions, or for Foreign Wars, this Aid have not been Le∣vyed, &c. or if any disusage thereof, these are no Arguments in this ••ase, not the last forty, Nullum tempus occurit Regi.