assessment, sometimes levies by distress and imprisonment; nay, seizure of lands and tenements, goods and chattles, that are expressed in former writs: and that it was at the charges of the counties, both inland and maritime, this appeareth, Rot. Scot 8 Ed. 2, m. 9. De Navigio providend.' Pat. 9 Ed. 2, m. 26, pars. 2. De Navigio providendo pro Custod' Maris.' Many more of these, Scot. 10 Ed. 3. That the wages of the men that went in the ships, and guarded the coasts, were at the charge of the County: this appeareth 10 Ed. 3, m. 2, dors. 60. Men appointed and sent to Portsmouth, and they refuse to go without wages; but a command came from the king, and commanded the counties to pay them wages. 10 Ed. 3, m. 21, dors. And his predecessors not to bear any charge whatsoever, though pro defensione.' Rot. Alm' 12 Ed. 3, pars 1, m. 2. Those of Lynn, who refused to contribute towards the charge they were assessed by the commissioners, juxta quantitatein,' were compelled to contribute; so Rot. Claus. 12 Ed. 3, m. 8, the like pro custod' maritim.' I might be infinite in these particulars, but I will not trouble your 'lordships.

Here they have made some objections; though to answer the main objection, I am not yet come. They say, this power of assessing the people for sums uncertain, ought to be no more than escuage uncertain, and must be assessed in parliament: and this assessment for defence, ought not to be by commission, or the king's writ. First, for the authority, which is Littleton, he saith, foi. 20, Que communiter 'dit que escuage serca assesse pur parliam'.' I do not find by the Register, where these writs are; neither do I find them grounded upon any act of parliament. Some that are grounded upon acts of parliament, do recite them. But what if it be by act of parliament? A service that is to be done by the tenant to bis lord; what if this be so, that it must be as sessed in parliament? Your lordships know that the tenants must do according to the original duties of them. And if this be, that the lord shall not assess them but in parliament, is that an argument from a tenant to a lord in this case?-This is a service commanded not by tenure, but by a king from his subjects; this is suitable to the reason of law in other cases: for those ancient aids, which the law doth require for the making of his eldest son a knight, or pur file marrier;' are not those

certain at the common law? Must there be au act of parliament to assess those aids? The books are otherwise.-But the king at the common law might require an aid uncertain, and might assess it as he pleased. Glanvile lib. 9, cap. 8, Brit. fol. 57, cap. 27, Bract. lib. 4. cap. 16. So as at the common law they were uncertain. 11 Rep. fol. 63, D. It is said there, the statute of Westminster 1, cap. 15, which puts reasonable aid in certain, doth not bind the king; a fortiori we must not bind him to a certainty for the defence of the realm. No man can tell bat the preparation must be, or the charge

thereof. If they can shew an act of parliament that limits the king for the defence of the realm, they say something.

But they say the sheriff is no proper officer, not sworn to execute this writ. This is as wide as the other: for, my lords, the sheriff is sworn to execute all writs that shall be delivered to him for the king's service. And surely this writ, if it come to him, he must at his peril execute it. First, The direction of those writs have been many times as well to the sheriffs as the commissioners. Rot Scot. Ed. 3, n. 13, Claus. 15 Ed. 3, m. 17. The king commnandeth the sheriff of many counties to furnish men with arms, victuals, and other necessary provisions, both for sea and land. 23 Ed. 3, m. 5, dors. 21 Ed. 1, rốt. 7, 9. Ex' Remen' Regis 11. The lands of the sheriffs and o her officers were extended, because of their negligence in doing of their duties concerning those writs, 25 Ed. 1, Ex' Remem' Regis. A commission rent out to enquire of the execution of the officers in the duty of their places.

Besides these writs at the common law, this is seconded by the authority of the common law, Register 122, or 127. The writs that go out to the sheriff (for they go out to the sheriff as to commissioners) it is left to the discretion of the sheriff or commissioners, as occasion shall require, Register 191. Bie De Partitione, before any statute was made concerning the same, that writ went out gencrally to the she riff; so that in all times and ages it hath ever been in these cases, where no certainty, left to the discretion of the sheriff and commissioners.

My lords, for the manner of the levying per districtiones,' and by imprisonment of those that do refuse: is this new? It hath been so in all the precedents that have been vouched, both by distress and imprisonment. For the distress: if the king makes a corporation, and gives them power to ordain for the common good of the corporation; and if they make an order for the payment of money, and that those that do not pay the same, shall be distrained; is not this adjudged a good ordinance? 5 Rep, fol. 64, Clark's Case, Trin. 7 Hen. 7, rot. 3. There is a benevolence granted to Ed. 4, for his voyage into France; one T. R. did deny payment, and he was distrained for his proportion.

They except to the penalty of the writ. The penalties of former writs have gone higher, Inter Commun' in the Exchequer, there was a Mandamus to assess those that were employed in the provision for shipping; and the Mandamus was, sicut nos et honorem nostrum et salvationem regni diligitis.' In that roll this is so often remembered, Rot. Scot. 10 Ed. 3, m. 11, dors. quod, &c.' their lands, goods, and chattels to remain seized in our hands. And in. 2, under pain of forfeiture of life: 11 Ed. 3, m. 2, to cast those in prison that did refuse. Rot. Claus. 12 Ed. 3, m. 18, dors. Writs directed to Henry Hussey, and others, to punish those that refused to contribute; and to imprison them, and to seize their lands and goods into the king's hauds. Claus. 13

Ed. 3, pars 1, m. 36, dors. to seize into their hands the lands and tenements of the refusers. Rot. Franc. 21 Ed. 3, pars 1, m. 11, the king command, ships, under pain to lose life, and all their estate. Rot Franc. 10 Rich. 2, m. 23, to impri-on those that are contrary, under forfeiture of all they had. So as your lordships see Mr. Holborne was very far mistaken.

My lords, in the next place, they have laid hold on the distance of time: they say there were seven mouths between the Teste of the writ, and the time of the rendezvous; that the king in that time might have called a parliament, and there might have been an aid granted, and the service performed in a parliamentary way.--But they may remember the 40 days between the Teste and the return of the writ for summoning a parliament; then the time spent in presenting of a Seker; the solemnity used before they begin their grand committee; their reading of a bill thrice; the debate about passing of it in both houses before it be granted; and after all this be done, and the parliament ended, a time for the levying of the money must be had; and when it is levied, time for the return of it; and when it is returned, time for the expeading of the money: and the preparation will go slowly on till the money be returned. 48 Hen. 3, m. 4, dors. There was a command for guarding of the seacoasts. Claus. 28 Ed. 1, m. 5, dors. The port of Yarmouth commanded to find ships for a certain time. Rot. Scot. 11, 12, 13 Ed. 2. They are put down in that roll, m 3, that there was a command for a Navale Subsidium for three or four months.

So as, my lords, for the time of preparation and for the time of the continuance, it hath ever been referred to the wisdom of the king. My lords, for the Spanish invasion, that hath been so late in our memory, I find by the books that are kept in the council-chamber, that the preparations were in October 1537, against the coming of the Spanish fleet in 1588, which did not set forth till June: I find no parliament called that year. And by letters and orders from the council-board, those ships, and defence that was made, was ad sumptum of the subject.-So, my lords, by this that hath been said, it doth appear to your lordships, that there is not any clause in this writ, either for the direction, motives, mandates, or penaltics, but are warranted by former precedents in a higher degree.

My lords, these are the precedents that I have collected, and reduced to these several heads. I shall now remember, to your lordships divers others. And in the first place observe, that William 1, came not to abrogate any former law, but was sworn to observe Antiquas leges Anglicanas,' that appeareth in Lambert, fol. 125, prout. So every man by this law, that was but a confirmation of former laws, must provide pro viribus et facultati

bus.'

I find by the grant that William 1, made to his abbey of Battel of his own foundation, a

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it.

charter to be free from Danegeltet omnibus 'auxiliis.' If they had not been freed, they had been subject. I find Pat. 7, Johan. m. 3, the king authorized Waiter Scot and others, quod omncs naves, &c.' which they should find, to arrest, and command all to assist, as they love us and our peace in our realm. 14 Johan, m. 6, as your lordships have heard, all the ships were arrested, that could carry sit horses, and to be at Portsmouth. M. 2, all the ships in the port were to go in bis service, without expressing for what, and unlade. Claus. 12 Johan. m. 7, dors. commanded all ships to be brought into the Thames mouth. So here was not a laying down, but a continuance of So in Itn. 3's time, Claus. 14 Hen. 3, m. 12, dors. all ships taken that could carry sixteen horses. Claus. 15 Hen. 3, m. 17, dors. Command for the furnishing of arms, men with victuals, and other provisions for forty days. And here was the like command to sheriffs in several counties. Claus. 26 Hen. 3, the king commandeth the men of Yarmouth to have their ships ready with men and arms; the same roll, to find ten ships to go to Picardy. Pat. 48 Hen. 3, m. 3, dors. Writs to the several porttowns, that no ships should go beyond sea, but all to stay at home. M. 5, ders. Those that returned from guarding the sea-coasts without leave, were punished by seizure of goods and chatt Is. M. 4, same roll, dors. Provision to re made till further orders be had. So it was not confined to time, but occasion, as need should require. And there be divers others in the time of Hen. 3, upon other occasions, which I have remembered. In the time of Ed. 1, 21 Ed. 1, m. 23, it appeareth there, that all the port-towns were appointed by the king and his council, how many ships every one of them should set forth. Rot. Vas. 22 Ed. 1, m. 11, dors. The king of England in that writ stile th himself Dominus Regni Scotia, &c. and sends his writ to the king of Scotland, to let himi know, the king of France had taken part of Gascoigne, an inheritance of the crown of England, that ne should, in fide et homagio,' best London with horse and arms, &c. This writ is very observable, the king of England is Superior Dominus Scotia. A part of Gascoigne was then lost. The king of Scotland was required by this writ, as well as requested, to give Lim aid for the recovery of those grounds taken from him in Gascoigne. My lords, this power is not confined only to England, but it reaeheth, as Great Lord, into Scotland. Also into Ireland, Vasc. 22 Ed. 1, m. 5, dors. The king by his writ commandeth divers earls, and others in England and Ireland, to do the like, to send men to London with horse and arms. The same roll, m. 13, dors. All that claim to be of the liberty of the port so commanded. Pat, 23 Ed. 1. m. 1, 5, 7. All ships of 40 tons were to be furnished and provided for the king's service. Clans. 23 Ed. 1, m. 5, every man is compelled to contribute. The same roll, m. 4, those that did not inhabit maritime towns, yet if they had lands there, they must contribute,

resident or not resident; within or without the liberty, all must contribute.

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My lords, in that writ, which is Claus. 23 Ed. 1, m. 5, dors. I will observe these things: 1. A command to al! bishops, abbots, lords spiritual and temporal, quod sint intendentes ' et respondentes ad custodiam maris.' 2. In contingent causes; causa, &c.' 3. The writ saith, quod omnes ad arma, &c. secundum statum, &c. ad transfretandum cum nobis ;' and possession of goods and lands to be taken for the custody of the sea, as in former times they were accustomed: so it is to be done in this manner as in times past. 4. The writ was directed to several sheriffs, 'per corpora, bona, et terras,' to distrain.

Next, 24 Ed. 1, m. 15, The king commanded the archbishops, bishops, barons, and all the commonalty, to defend the maritime parts. Claus. 24 Ed. 1, m. 19, pro custodia marit.' There was another of Symon de Spencer, which I remembered before. 24 Ed. 1, rot. 76. Another of the like, Ext' Remem' Regis, Claus. 25 Ed. 1, m. 26, dors. The king moderateth the expences of the country when the danger ceaseth. Claus. 25 Ed. 1, m. 12. The king commandeth the sheriffs of several counties, and others, to bring all the ships to be ready for our service, when we command. M. 26, The like command. De custodia marit.' Pat. 31 Ed. 1, m. 20, power given to Thomas de B. to raise forces in Cumberland to resist the Scots; and those that did refuse, to seize their goods. In the time of Ed. 2, Claus. 2 Ed. 2, m. 21, the king commandeth divers towns to set out ships against the Scots; and after, by special writs, some of those were discharged. | Rot. Pat. 9. Ed. 2, pars 2, m. 6, Pat. 16 Ed. 2, m. 11, a writ directed to sir Thomas Weston and others, to array all between 16 and 60, or to take their lands and goods, if they did refuse. Pars 1, m. 7, of the same roll, Claus. 20 Ed. 2, m., the king doth there declare that those that stay at home ought to contribute to set forth ships, and for the wages of the men einployed. Claus. 20 Ed. 2, m. 6, writs directed to the scholars at Oxford, they were not exempted, but commanded to keep Southgate safely. Rot. Vasc. 18 Ed. 2, m. 18, The king writeth to the archbishop and others, commanding them to have horses and men in a readiness, as often as need shall require. For te of Ed. 3, Claus. 2 Ed. 3, m. 13, and m. 22, dors. to Southampton, and to several other towns for their shipping, above 40 tons. Pat. 3 Ed. 3, pars 2, m. 6, the king commandeth the sheriff of Cornwall to distrain knights and others, that abide not upon their lands in maritime parts, and to imprison. Those years of 10, 11, 12 and 13 of Ed. 3, having been remembered, 21 Ed. 3, The king, concerning the defence of the sea and sea-coasts, gave special rules to be observed, both for the number of the ships and the men, and the quality of their persons, and for the proportion of their wages; as appeareth, Pat. 21 Ed. 3, pars 1, m. 26, 27, where there was special order taken for the

guarding of the sea and sea-coasts at the charge of the inhabitants. Rot. Franc. 21 Ed. 3, pars 1, m. 11, command to the sheriff of London to arrest all ships in London to be sent to Calais, to resist the enemies against us then about to come. Rot. Franc. 25 Ed. 3, m. 9, the king reciteth, that France made a preparation to invade the realm, and gave a power to soine to raise forces; and commandeth the sheriffs to raise the Posse Comitatus, to assist the commissioners. Pat. 26 Ed. 3, pars 1, m. 7, the king, by his writs to several counties, commanded all men between 16 and 60 to be in readiness to resist the Scots. Rot. Franc. 25 Ed. 1, m. 31, commanding all officers and ministers to assist Andrew de Guipho, in the raising of forces for shipping. So as in that roll likewise, your lordships see that the inland counties were commanded for shipping. Rot. Franc. 28 Ed. 3, m. 6, the king appointed Ro. Co. and Ro. A. to arrest all ships of 20 tons and upwards, between such a distance, and to bring them to Southampton. Rot. Scot. 29 Ed. 3, m. 13, several writs were directed to the bishops of Durham and Carlisle, and others, for the arraying of men. Rot. Franc. 40 Ed. 3, m. 37, the king sent forth divers writs, commanding 'quod, &c.' with all their forces, they should assist to the safe keeping of the sea-coasts, to resist the malice of the enemies. Rot. Franc. 50 Ed. 3, m. 47, dors. command to make proclamation, that all that have land upon the sea-coasts should repair thither with their families. So in all ages, and at all times, writs have issued both for the defence of the sea and land by the king's command. In the time of Rich. 2, Rot. Parl. 6 Rich. 2, m. 42, that was objected as a record against the king, but maketh clear for him: Que dit que le roy persons assembles, 'en parliament, est desire de vivere del reveneus del cotone car escheats marriages et 'forfietures sont pur le defence nostra royalins. The king answers, Le Roy volet de fairs in 'ceo case come per de advise des seigniors, &c.'

Your lordships see they desire of the king, that he would live of his revenues, that the profits of escheats, wards, &c. might be kept for the defence of the realm. The king giveth them this answer, That he will do in this case by the advice of his lords, as shall be most for bis honour and profit: So ao reason to make any enforcement out of this record, that the profits of escheats, wards, &c. should go for the defence, because the king maketh no absolute denial unto it, saying, that he will do as he shall be advised by his lords. Rot. Franc. 7 Rich. 2, m. 18, that the lords beyond the seas be arrayed and armed according to their state and faculties. Pat 8 Rich. 2, pars 2, m. 15, a command that all between 16 and 60 be in a readiness. Rot. Franc. 10 Rich. 2, m. 23, arrays through all England. And so in the time of Hen. 4, Rot. Parl. 5 Ilen. 4, m. 24, for the arraying of all men throughout England, and those that were impotent, and could not go, to contribute unto it. 3 Hen. 5, m. 26, dors. Pat. 13 Hen. 6, m. 10, general commis