Seas, our most secure and safe defence, better either than castles or forts; which if it be commanded by others, it lays us open to much peril and danger.

may be of great use for the county for the whole year; Also that you examine whether they give due attendance at the Quarter-Sessions. Although there is an express article in their Oath that they should give it; I hear many neglect it; Therefore it is a thing very fitting, and well worthy your labour, that at the beginning of every Assize, you trust not to the clerk of the peace his Information, but that yourselves do cast an eye upon his Book, and command him to return the names of such Justices of peace as you find by his Book were absent at the Quarter Sessions. Fit it will be that you let them know, that to prefer a riding, or bowling, or hunting-match, before their attendance at Quarter-Sessions, is little less than per jury; and if your admonition will not serve the turn, a remedy shall be taken. In the third place, it is necessary for you to inquire how they attend the monthly meetings, or other times of public service; for this I am sure of, they are all within one commission, and have the same oath, and the same attendance is imposed upon all; and why the greatest number exempt themselves, and leave the public service upon a few, I know not; but if I may know the particular men (of which I hope I shall henceforward by your lordships) I shall rid them out of Commission, and put others in their places.

My Lords, I have but one particular more, and that is of great importance; whereof by special direction and command from his majesty, I am to speak unto you at this time. All of you are the witnesses of his majesty's proceedings, though the candour and clearness of his own heart exceedeth your testimony, and your testimony is not only fit to be declared in this place, but in all the places of this realm. His majesty hath now the third time sent forth Writs to require the Aid of his subjects for the guarding of the dominion of the Sea, and safety of the kingdom. This his majesty did upon great deliberation and advice, and upon important and weighty reasons. In the first year when the Writs were directed to the ports and maritime places, they received little or no opposition; but in the second year, when they went generally throughout the kingdom, though by some well obeyed) have been refused by some, not only in some Inland counties, but in some of the Maritime places; and actions have been brought against some that have been imployed in the execution of these writs. I suppose that no man will expect that Arcana Regni, the private reasons of a prince, should either upon this or other occasions be made public; but so many reasons as were fit to be opened, were formerly declared by me in this place to you the Judges of this realm.

The First was, That the whole kingdom is concerned in point of safety; admitting there were no other counsel or attempt against us, but only to interrupt us in the Dominion of the

* See the particular Taxation in 2 Rush. Col.

453.

Secondly, The whole kingdom is concerned in point of honour: for it is one of the most ancient and honourable rights of the crown of England, even the Dominion of the Sea. And all records do shew, how the kings and people of England have ever been careful that this honour should never perish: and certainly the whole kingdom is concerned in point of trade and probt; for the traffic does not only enrich the maritime parts, but the inland towns, and if trading fail, the inland places will find it in the fall of the prices of wool, lead, and other staple commodities. This experience sheweth daily, when upon every stop of the vent of cloth, there come such outeries by the weaver, the fuller, the spinner, and wool-growers themselves; and the authority of the law sheweth the same: 43, in the Book of Assize, which your lordships know better than I, it appears that certain men went into the country, and cast out a fame, that for that year no wool should be transported beyond the seas; presently upon this the price of wool fell, and those men were called in question, and were adjudg ed in a fine for it. Now if a rumour did so much abate the trade of the heart of the kingdom, what would the loss of the dominion of the sea do, which exposeth us, and all our trade, to the mercy of our neighbours? Therefore since the whole kingdom is concerned in point of honour, safety, and profit, what reason is there but that all should contribute to the maintenance of it? This, or to the like effect, I did formerly declare to you the judges by his majesty's command; and his majesty received satisfaction, in that you made a full declaration thereof in your circuits: and this I may say, for the most part, the subjects have shewed themselves most dutiful and obedient in this service of his majesty: and this year the sum imposed upon the county of York Leing 12,000/ is brought in already by the sheriff, and so is most part of Lancashire, and other shires; but when his majesty heard of some refusals, though he had cause to be sensible of it, yet he was far from being transported with passion, but thought good to resort to the Advice of you his Judges, who are sworn to give him faithful and true counsel in that which pertaineth to the law; and this his majesty, as well for the direction of his own course, as for the satisfaction of his subjects, required you to deliver your Opinions herein, to which you returned an Answer under your hands. And because the command which you received from the king, is expressed in a princely Letter under his own signature, I shall not take upon me to repeat it, you shall hear it read.

Which being delivered by my Lord-Keeper to one of the Clerks in Court, was read in hæc verba:

ΤΟ

THE KING'S Letter to the JUDGES.
C. R. Trusty and well-beloved, we greet

.

Whitehall, the 2nd day of February, in the 12th year of our reign, 1636.*'

This being thus read, the Lord Keeper commanded the Case inclosed to be read, being as followeth :

C. R. When the good and safety of the kingdom in general is concerned, and the whole kingdom is in danger; Whether may not the king, by Writ under the Great Seal of England, command all the subjects of this kingdom, at their charge, to provide and furnish such number of Ships, with men, victuals and munition, and for such time as he shall think fit, for the defence and safeguard of the kingdom from such danger and peril; and by 'law compel the doing thereof, in case of refusal or refractoriness? And whether, in such a case, is not the king sole judge, both of the danger, and when and how the same is to be 'prevented and avoided.'

THE JUDGES' ANSWER.

"you well. Taking into our princely consideration, that the honour and safety of this our realm of England, the preservation whereof is only intrusted to our care, was, and is now < more nearly concerned than in former times, as well by divers counsels and attempts to take from us the Dominion of the Sea, of which we are sole lord and rightful owner; "the loss whereof would be of greatest danger and peril to this kingdom, and other our 'dominious: We, for avoiding these and the like dangers, well weighing with ourselves, that where the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, there the Charge and Defence ought to be borne by all the realm in general; did, for prevention of so public a mischief, resolve with ourselves to have a Royal Navy provided, that might be of force and power, with Almighty God's blessing and assistance, to protect and defend this our realm and ou: subjects therein, from all such perils aud dan'gers: and for that purpose we issued forth Writs under our great seal of England, and "May it please your most excellent majesty ; 'directed to all our sheriff's of all our several 'We have, according to your majesty's com'counties of England and Wales, commanding mand, every man by himself, and all of us thereby all our said subjects, in every city, together, taken into consideration the Case town and village, to provide such a number of and Question, signed by your majesty, and Ships, well-furnished, as might serve for this inclosed in your royal Letter: and we are of our royal purpose; and which might be done Opinion, That when the good and safety of with the greatest equality that could be. the kingdom in general is concerned, and the In performance whereof, though generally whole kingdom in danger, your majesty may, ፡ throughout all the counties of this our realm, by Writ, under the Great Seal of England, we have found in our subjects great chearful-command all the subjects of this your kingness and alacrity, which we graciously inter- dom, at their charge, to provide and furnish pret as a testimony, as well of their dutiful 'such number of Ships, with men, munition, affections unto us, and to our service, as the' and victuals, and for such time as your marespect they have to the public, which welljesty shall think fit, for the defence and safebecometh every good subject; nevertheless finding that some few, haply out of ignorance what the laws and customs of this our realm are, or out of a desire to be eased and freed in their particulars, (how general soever the Charge ought to be) have not yet paid and 'contributed the several Rates and Assessments that were set upon them, and foreseeing, in our princely wisdom, that from hence divers suits and actions are not unlikely to be com'menced and prosecuted in our several courts at Westminster: We, desirous to avoid such in⚫ conveniences, and out of our princely love and 'affection to all our subjects, being willing to prevent such errors as any of our loving subjects may happen to run into, have thought fit in a 'case of this nature to advise with our Judges, 'who we doubt not are all well studied and informed in the right of our sovereignty. And because the Trials in our several courts, by the formality in pleading, will require a long protraction, we have thought it expedient, by 'this our Letter directed to you all, to require your Judgments in the case, as it is set down in the inclosed Paper, which will not only 'gain time, but also be of more authority to over-rule any prejudicate opinions of others in the point..

Given under our Signet at our court at

guard of the kingdom from such danger and peril: and that by law your majesty may compel the doing thereof, in case of refusal or refractoriness. And we are also of opinion, That in such case, your majesty is the sole judge, both of the danger, and when and how 'the same is to be prevented and avoided.Jo. Brampston, Jo. Finch, Hump. Davenport, Jo. Denham, Rich. Hutton, W. Jones, Geo. 'Crooke, Tho. Trevor, Geo. Vernon, Fra. 'Crawley, Rob. Berkley, Fra. Weston.'t

* For an explanation of this transaction, see the Case of sir John Finch, lord Fordwich, 1640, 16 Car. I.

The influence and effect of this stated Opinion may be delivered in these words of the lord Clarendon. "It is notoriously known, that pressure was born with much more cheerfulness before the Judgment for the king, than ever it was afterward; men before pleasing themselves with doing somewhat for the king's service, as a testimony of their affection, which they were not bound to do. But when they heard this demanded in a court of law as a Right, and found it by sworn Judges of the law adjudged so, upon such grounds and reasons as every stander-by was able to swear was not law, and so had lost the pleasure and delight of

counsel unto their proceedings, that they may not be surprized.

but this I am sure of, that if any contrary opiNow, my lords, I have little more to say, niou shall yet remain amongst men, it must (Falices essent artes, &c.) and you the judges proceed from those that are sons of the law, of the realm have been accounted the fathers of the law; then, in good faith, it will ill become the son to dispute against the father. Iaving thus delivered unto you what I received in command from his majesty, as his majesty doth, so do I, leave it to your judg ments.

The KING versus JOHN HAMPDEN in the Case

of SHIP-MONEY.

Trin. 13 Car. I. in Scuce.

By Writ. Of the Term of the Holy Trinity, in the 13th year of king Charles.

"Memorandum; that the Writ* of our lord the king under the seal of the Exchequer, by 'the consent of the barons here, issued out in 'these words:

My lords; This being the uniform Resolution of all the Judges of England, with one voice, and set under their own hands; I say, this being so resolved, as they do here express upon every man's particular studying the Case, and upon a general conference amongst themselves, it is of very great authority: for the very lives and lands of the king's Subjects are to be determined by these reverend Judges; much more a charge of this nature, which God knows cannot be burdensome to any, but is of singular use and consequence, and for the safety of the whole kingdom. The command from his majesty is, that I should publish this your Opinion in this place, and give order, That it should be entered in this Court, in the High Court of Chancery, and in the courts of King's-Bench, Common-Pleas, and Exchequer; for this is a thing not fit to be kept in a corner: and his further command is, that you the Judges do declare and publish this general Resolution of all the Judges of England, through all parts of the kingdom, that all men may take notice thereof, and that those his subjects which have been in an error, may inform themselves, or be reformed. You have great cause to declare itral persons in the said Schedule named, for with joy, and you can hardly do it with honour enough to the king, that in so high a point of his sovereignty, he hath been pleased to descend, and to communicate with you his Judges; which sheweth, that justice and sovereignty, in his majesty, do kiss each other. His further pleasure is, That you let all know it is not his purpose by this resolution to stop, or check, the actions or suits which any have brought, or shall bring, concerning this; for it is his majesty's command, that all such as proceed in any action about the same have equal and meet justice, and that they be suffered to proceed in course of law, so as you call the king's learned

'ss. Charles by the grace of God, of England, Scotland, France, and Ireland, king, Defender of the Faith, &c. To the sheriff of Bucks greeting. Whereas several and divers sums of money, specified in the Schedule to this Writ annexed, by virtue of our Writ under our seal of England, bearing date the 4th day of August in the 11th year of our reign, were assessed and charged upon seve

and towards the providing of a Ship of War together with the rigging and other things thereunto belonging, in the said Writ particularly mentioned; which said several sums of money being so assessed and charged, and unpaid and not satisfied, the Names of the said 'several persons, together with the several sums of money charged upon them, were cer'tified into the Court of our Chancery by our Writ of Certiorari, bearing date the 9th day of March in the 12th year of our reign, issuing under our great seal aforesaid: and by our Writ of Mittimus under the said seal, bearing date the 5th day of the month of May instant, were sent into our Exchequer for further process thereupon to be had, as by the tenor of the said Writ, bearing date the 4th day of August in the 11th year of our reign, and by the Writ of Certiorari, and Certifi

being kind and dutiful to the king; and instead of giving were required to pay; and by a logic that left no man any thing which he might call his own they no more looked upon it as the Case of one man, but the Case of the king-cates thereupon made, sent into our said Exdom; nor as an Imposition laid upon them by the king, but by the Judges, which they thought themselves bound in conscience, to the public justice, not to submit to. The damage and mischief cannot be expressed, that the crown and state sustained by the deserved reproach and infamy that attended the Judges by being made use of in this and like arts of power, there being no possibility to preserve the dignity, reverence and estimation of the laws themselves, but by the integrity and innocency of the Judges."

chequer, and there of record, remaining in the custody of our remembrancer, more fully doth appear: We command you, that you do not, by reason of any liberty, omit entering 'thereupon; and by good and lawful men of your bailiwick, make known to the several persons aforesaid, named and specified in the 'said Schedule, that they appear before the Barons of the Exchequer at Westminster on

*A Latin Copy of this Instrument will be found at the end of these Proceedings.

bearing date the 4th day of August in the 11th year of Charles our said now lord the king in the Writ of Scire Facias mentioned, and it is 'read unto him in these words.

the Octave of the Holy Trinity ensuing; to 'nexed, and they are read unto him. He likeshew and propose, if they have or know anywise prayeth Oyer of the aforesaid Writ, thing to say for themselves, why they ought not to be charged with the aforesaid several • Sums of Money upon them assessed in manner and form aforesaid, and not paid, in the said Schedule specified, and to satisfy the same; and further, to do and receive in the premisses, what our Court shall then there think fit to 'be ordered; and there bring then this Writ, and the names of those by whom you have so made known unto thein. Witness HUMPHREY DAVENPORT, knt. at Westminster, the 22d day of May, in the 13th year of our reign. By the Roll.

ss. Charles by the grace of God, of England, Scotland, France and Ireland, king, De'fender of the Faith, &c. To the sheriff of our county of Bucks, the bailiff and burges-es of the borough and parish of Buckingham, the mayor, bailiff and burgesses of the borough of Chipping Wiccombe alias Wiccombe, and the good men in the said boroughs, parish, and their said members; and in the towns of Agmondesham, Wendover, and Great Marlowe, and in all other boroughs, villages, hamlets, and other places in the said county ' of Bucks, greeting. Because we are given to understand, that certain thieves, pirates, and 'sea-robbers, as well Turks, enemies of Christianity, as others confederated together, wick

6

6

Memorandum of the same year of the king in the Record Roll of this Easter, and by the baron Fenshaw, and the tenor of the aforesaid Schedule in the aforesaid Writ mentioned as touching John Hampden, followeth in these words, viz. A Schedule of the Names of certain persons in the county of Bucks, and of • certain Sums of Money upon them assessed, ́edly take away and despoil the ships, goods, and charged for and towards the providing of a Ship of War, together with the rigging and < other things thereunto belonging; by the virtue of a certain writ under the great seal of • England, bearing date the 4th day of August in the 11th year of Charles our now lord the king, and certified into the court of Chancery of our said lord the king to be unpaid, by virtue of a Writ of Certiorari, issuing out under the seal aforesaid, bearing date the 9th of March in the 12th year of his reign; and by Writ of Mittimus under the said seal sent into the Exchequer of our said now lord the king, for further process thereupon to be made, as by the tenor of the aforesaid Writ, bearing date the 4th day of August in the abovesaid 11th year of our said now lord the king, and by the Writ of Certiorari, and the Certificates thereupon made sent into the said Exchequer, and there of record remaining in the custody of the remembrancer of our lord the king, • more fully doth appear: ss. Stoake Mandivile, ss. J. Hampden esq. 1. At which day | Anthony Chester, bart. sheriff of the county aforesaid, as touching the aforesaid John

and merchandizes, not only of our subjects, but also of the subjects of our allies upon the sea, which of old used to be defended by the English nation; and at their pleasure have 'carried away the men therein, enslaving them in a most wretched captivity: And whereas we see them daily preparing Shipping further to annoy our subjects, and to aggrieve the kingdom, unless a more speedy remedy be applied, and their endeavours more vigorously 'obviated: Considering also the dangers which every where in these times of war hang over us; so that it behoves us and our subjects to 'hasten the Defence of the sea and kingdom with all possible expedition: We being willing by the help of God, in the highest degree to provide for the Defence of the kingdom, 'the Protection of the sea, the security of our subjects, the safe convoy of shipping and merchandize coming to our kingdom of England, and going from the said kingdom to foreign parts: And since we and our progenitors, ‘kings of England, have hitherto been Lords of the Sea aforesaid; and it would in the highest manner concern us, if this royal ho• Hampden, returned, that he by Nicholas Aris,nour should in our days be lost, or any ways Robert Alexander, Richard Harrison, and diminished; since also this burden of DeWilliam Heyborne, good and lawful men offence which touches all, ought to be borne by his bailiwick, made known to the aforesaid 'all, as hath been accustomed to be done by John Hampden amongst other things, that he 'the law and custom of the kingdom of Eng appear before the barons within written, at land: We firmly enjoin and command you the day and place within contained; to shew the aforesaid sheriff, bailiffs, burgesses, mayor, and propose, if he hath or knoweth of any good men, and all others whomsoever above thing to say for himself, why he ought not to mentioned, in the boroughs, towns, villages, be charged with the aforesaid sum upon him hamlets and places aforesaid, and their mem• assessed, and not paid, in the said Schedule 'bers, in the faith and allegiance whereby you specified, and to satisfy the same, as it is fur-are bound to us, and as you love us and our 'ther commanded him. And now, that is to say, from the day of the Holy Trinity, upon 'three weeks the aforesaid John Hampden in the aforesaid Schedule named, here cometh in his proper person, and prayeth Oyer of the Writ of Scire Facias aforesaid, the Return of the same, and the Schedule unto the same an

honour, as also under the forfeiture of all things you can possibly forfeit to us that you cause to be fitted out one ship of war of the burden of 450 tons, with men, as well skilful officers as able and experienced mariners, a hundred and fourscore at least; as also with a sufficient quantity of cannon, muskets, gun