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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45252	The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred.	England and Wales. Court of Exchequer.; Hutton, Richard, Sir, 1561?-1639.; Croke, George, Sir, 1560-1642.; Denham, John, Sir, 1559-1639.; Hampden, John, 1594-1643, defendant.; England and Wales. Parliament.; England and Wales. Sovereign (1625-1649 : Charles I)	1641 (1641)	Wing H3842; ESTC R16237	74,278	200

Prerogative to award such Writs to command men to sustaine such charge or to be contributory to it and to bee distrained or imprisoned for not payment thereof Also I conceive that this is not an Act of Royall power for if it bee illegall to impose such a charge then is it not accounted as a matter of Royall power but as a matter done upon an untrue suggestion and a matter of wrong done and wrong is not imputed to the King for hee can doe no wrong but it is imputed unto them who advised him to this course Royall power I account is to bee used in cases of necessity and imminent danger when ordinary courses will not availe for it is a Rule Non recurrendum est ad extraordinaria quando fieri potest per ordinaria as in cases of Rebellion sudden Invasion and in some other case where Martiall Law may bee used and may not stay for legall proceedings but in a time of peace and no extreme necessity legall courses must bee used and not Royall power Therefore where by the Statute of 31. H. 8. cap. 8. which was made upon suppression of Abbies when Rebellions were begun to bee stirred it is recited That sudden occasions happen which doe require speedy remedies and for lacke of a Statute the King was inforced to use Royall power It was enacted for the reasons therein mentioned That the King by the advice of his Councell therein named two Bishops two chiefe Justices and divers others and the more part of them by his Proclamation might make ordinances for punishment of offences and lay penalties● which should have the force of a Law with a Proviso that thereby no mans life lands or goods should bee touched or impeached so that therein Royall power was fortified by a Statute yet that Statute tooke care that no mans lands or goods should be taken or prejudiced but yet that Statute was thought inconvenient and therefore by a Statute of 1. E. 6. the same was repealed Bracton lib. 2. cap. 24. fol. 55. and the same is cited in Coke lib. 7. fol. 11. in Calvins Case Regis Corona est facere justitiam judicium tenere pacem sine quibu● Corona consistere non potest nec teneri Coke lib. 7. fol. 5. in Calvins Case cited out of Fortescue Rex ad tutelam Legis corporum bonorum erectus est which being so hee cannot take any mans goods or charge them without his assent by any Prerogative or power Royall Also there can be no such necessity or danger conceived that may cause these Writs to bee awarded to all Counties of England to prepare ships at such charge and with such men and munition without consent in Parliament For the Lawes have provided meanes for defence in time of danger without taking this course for that the King hath power to command all or any persons of his Kingdome to attend with Armes at the Sea coasts or any other parts of the Kingdome and also by his officers to make stay or arrest all or any the ships of Merchants and others having ships or as many as hee pleaseth to goe with his Navie to any parts of his Kingdome for defence thereof and to attend those to whom he appointed the guard of the Seas or Sea coasts at such times and places as they should appoint and this hath been alwaies taken and conceived to bee sufficient for defence against any Prince whatsoever and yet the same was in times when the Navie of England was not so strong as now by the blessing of God and good providence of his Majesty it is That this course was then so taken it appeareth by divers Records viz. 23. Ed. 1. m. 4. The Record reciteth that the French King had prepared a great Navie upon the Sea and purposed to invade the Kingdome Et linguam Anglicanam de terra delere and thereupon the King commanded all his ships and men with Armes to be in a readinesse to defend the Kingdome Scot. 10. Edw. 3. m. 16. reciteth that certaine Gallies in the parts beyond the Seas were prepared with provision of men and armes and other necessaries of warre and ready to invade the Land command was that divers ships should be in a readinesse to defend and the ships of the Ports of Ireland to bee sent to England to help to defend the Kingdome Scot. 10. Edw. 3. m. 22. A Writ was to the Bayliffe of Southwales reciting that the Scots and divers others confederating together prepare themselves to armes and ships in a great number and intend to invade the Kingdome command to them was to have one ship ready upon the Sea to defend their coasts Alman 12. Edw. 3. m. 10. A Writ to the Maior of London Quia hostes nostri in Galleis cum multitudine non modica congregati in diversis partibus regni hostiliter ingressi sunt civitatem praedict ' celeriter si possunt invadere proponunt the King commandeth them to shut up the City towards the water and to put all their men in Armes ready to defend c. Alman 12. Edw. 3. m. 13. A Writ to the Bailiffes of great Yarmouth Quia pro certo didicimus quòd hostes nostri Franciae adhaerentes eisdem Gallias Naves guerrin●s in copiosa multitudine in partibus exteris congregarunt eis hominibus ad arma alia arma parare faciunt proponunt se movere versus regnum nostrum navigium regni nostri portus prope mare scituat ' pro viribus destruere idem regnum invadere c. command to the said Towne to prepare foure ships with two hundred and forty men c. At the same time like Writs went out to twenty other Towns upon the Sea coasts Franc. 26. Edw. 3. m. 5. A Writ to the Earle of Hunt and others Quia adversarii nostri Franciae Nos Regnum nostrum invadere machinantes magnum navigium parari fecer ' armari nedum ad Regnum nostrum Angliae subitò attrahend ' ad nos domin ' nostr' totam nationem Anglicanam pro viribus subvertend ' c. commanding them to guard all the coasts of Kent and to array all able men with armes to bee ready to defend the Sea coasts 5. Henr. 4. m. 28. A Commission is to Thomas Morley and others Quòd cum inimici nostri Franciae Britan. Scotiae alii sibi adhaerentes inter se obligat magna potentia armat ' super mare in aestate proxim ' futur ' ordinaverunt intendunt Regnum nostrum Angliae invadere c. commanding them to array men with armes to defend c. 4 Henr. 8. pars 2. the King by Proclamation into the County of Kent sheweth that it is come to his knowledge of certaine that his ancient enemy the French King hath prepared and put in readinesse a great

and strong Navie furnished with men of warre to invade the Kingdome of England the King appointed the Lord of Alburgeny and others to put men in array and to bee ready to defend that County Anno 1588. when the great invasion was by the Navie termed the Invincible Navie which was fore-seene long before this course of preparing ships by every County of the Kingdome was not taken or appointed yet in all these times when there appeared such danger of invasions there never went any such Writs into any the Counties of England to provide ships but the Navie of England and the Army of England was alwaies accounted sufficient for the defence of the Kingdome So I conclude this point that I conceive this course cannot bee taken by any Prerogative or Royall power nor any allegation of necessity or danger For the fourth point I conceive that if it were legall to lay such a charge upon maritine parts yet to charge any Inland County with making of ships and furnishing them with Masters Mariners and Souldiers at their charge which are farre remote from the Seas is not legall nor warranted by any former President for it commandeth an unreasonable and impossible thing and then the Writ commanding such a thing as is unreasonable and not possible for the parties commanded of themselves to performe without help of other Counties is alwaies illegall for it is a Rule That Lex non cogit ad impossibilia therefore if one by Covenant bind himselfe to doe a thing impossible the Covenant is void This appears by the Book case in 40. Ed. 3. fo. 6. where the Case is expresly That if a man do covenant to doe a thing that is impossible the Covenant is void and the deed is void in that respect Also the Book in 2. Ed. 4. fol. 2. If a feoffment bee made upon condition to bee void if the feoffee do not a thing which is impossible this feoffment is good and the condition void for it was the fault of the feoffor to annexe such a condition this appeareth by the case of an Arbitrement If the Arbitrator award that one shall enter into bond with such a one as his surety to pay a summe of money or to doe any other act it is void as to the finding of a surety at the least for it is not in his power to compell him to bee his surety therefore the Law accounteth it unreasonable and so void and this appeareth by the Booke Case 17. Ed. 4. fol. 5. wherein it is so resolved So this Writ commanding the Sheriffe and Inhabitants of an Inland County to find a ship furnished with Masters and Mariners whereas there is not any Shipwright that hath skill to make ships nor any Masters or Mariners ever there inhabiting to guide a ship for they are still conversant about matters of the Plough and feeding Cattell and Husbandry and are trained up by musters for skill of Armes to defend the Countries and not with Sea affaires for most of the County never saw a ship nor know what belongeth to Masters or Mariners of ships and the Country is not bound to seeke men out of the County for such men and perhaps if they should they cannot know where to hire them Therefore when such Writs to Inland Counties have been awarded to find a ship with Masters and Mariners it being conceived by mis-information that they were maritine Townes and had Ships and Mariners dwelling with them the truth thereof being made to appeare to the contrary they have been discharged as appeares by a Record in 13. Edw. 3. pars 2. m. 14. where a Writ went to the Admirall of the Fleet Those parts upon complaint to the King by the men of Bodmin in the County of Cornwall that they were unjustly charged to find a ship with Masters and Mariners whereas that Towne was no Port Towne nor adjoyning to the Sea but farre within the Land nor ever had ships lying there nor Mariners nor Sea-men nor ever used to find any such for Sea service and that their Maior and Officers were imprisoned for not finding such a ship Thereupon the King appointed to have it enquired whether their allegations were true and if it were true signified that hee would not have them so unjustly charged but that they should bee discharged thereof which sheweth that it was then accounted unjust to lay such a charge upon a Towne that was an Inland Town and had no Mariners inhabiting in it much more when such a charge is upon an Inland County which is much further remote from the Sea and cannot performe by themselves that which the Writ commandeth But this Record being objected by the Defendants Councell Master Sollicitor gave answer that the same was because the Admirall of his owne authority had charged them which was not according to his Commission for he was onely to charge the Ports and Sea Townes but that the same may not bee done by the Kings Writ the Record doth not prove But to this I answer That I conceive it is all one when such a charge is laid upon a Towne by Writ which is an Inland Town for so it appeareth by another Record of the same yeare viz. 13. Edw. 3. pars 1. m. 14. where a Writ was directed to the Admirall of the Fleet Ab ore Thamesiae versus partes Occidentales reciting where the King by his Writ to the Towne of Chichester had commanded the Maior and Comminalty there that they should make unam Navem duos Escularios de guerra parari with Mariners and men at armes to bee at Portsmouth such a day to goe with the Kings ships and that they had complained that they had not nor ever had any ships arriving in that Towne nor had any Sea-men or Mariners dwelling there and that it appeared unto the King by Inquisition of a Jury returned into his Chancery this allegation to bee true therefore because the King would not have them indebitè praegravari for so bee the words of the Record the King commandeth the Admirall that they shall not be troubled nor distrained for not performance of such service whereby it appeareth that if they being within few miles of the Sea should not bee charged to find such a ship much more Inland Counties which are much further remote from the Seas are not justly to bee charged with finding any Ships and Mariners Therefore I conclude this point That I conceive this Writ in that respect is not legall not warranted by any former President The fifth and great point hath beene and indeed the chiefe Argument hath been a multitude of Records and Presidents which have been cited that should warrant these Writs and that the King hath done nothing but what his former Progenitors have done and have lawfully done and that hee doth now but more Majorum and that which alwaies in ancient times hath beene done and allowed and therefore ought now to be allowed I confesse this

henceforth we shall take such manner of aides taxes or prizes but by the common consent of the Realme and for the common profit thereof Saving the ancient aides and prizes due and accustomed Observe the words in this Statute that for no businesse he shall take any manner of aides taxes or prizes but by the common consent of the Realme The words of this Statute are so plaine for no businesse as they include all and admit any exposition Then in 34. Edw. 1. cap. 1. It is enacted No tallage nor aide shall be taken or levied by us or our heires in our Realme without the good will and assent of Archbishops Bishops Earles Barons Knights Burgesses and other Free-men of the land Then by a Statute made in the fourteenth yeare of King Edward the third it is in this manner That whereas the Prelates Earles Barons and Commons of our Realme of England in our Parliament holden at Westminster upon Wednesday in Mid-lent in the fourteenth year of our Raigne over England and the first over France have granted to us of their free and good will in aide of the speed of our great businesse which we have to doe aswell on this side the Sea as beyond The ninth sheafe the ninth fleece and the ninth Lamb to be taken by two years next comming after the making of the same And the Citizens and Burgesses of Cities and Boroughs the very ninth part of all their goods And the foraine merchants and others which live not of graine nor of flocke of sheepe the fifteenth part of their goods to the value We willing to provide for the indempnitie of the said Prelates Earles and other of the Communalty and also of the Citizens Burgesses and Merchants aforesaid will and grant for us and our heires to the same Prelates Earles Barons and Commons Citizens Burgesses and Merchants that the said grant which is so chargeable shall not another time be had forth in example nor fall to their prejudice in time to come nor that they be from henceforth charged nor grieved to make any aide or to sustaine the charge if it be not by common consent of the Prelates Earles Barons and other great men and Commons of our said Realm of England and that in Parliament Then by the Statute made in the five and twentieth year of King Edward the third cap. 8. it is enacted That no man shall be compelled to finde men of armes holberts or archers other then such as hold by such services if it bee not by common consent and grant in Parliament for that is against the common right of the Realme Which last words for that is against the common right of the Realme are in the Parliament Roll but left out of the printed books of the Statutes And this Act of Parliament is recited by an Act of Parliament made in the fourth yeare of the raigne of King Henry the fourth the 13. Chapter and enacted and observed in all things Then in the first yeare of King Richard the third and the second chapter it is recited That the Commons of this Realme by new and unlawfull inventions have beene put to importune charge especially by a new imposition called A benevolence It is enacted That the Subjects Communalty of this Realm from henceforth in no wise be charged by any such charge or imposition called a Benevolence nor by any other such charge Then comes the Act of Parliament made in the third yeare of the Kings Majesties owne raigne called The Petition of right whereby the Statute made in the time of King Edward the first commonly called the Statute De tallagio non concedendo is mentioned and many particular incroachments recited to be made upon the liberties of the Subject And many particulars being recited it is required to be enacted That no loane of money against the will and good liking of the Subjects Billeting of Souldiers and Mariners in mens houses there to sojourne against their wills Commissions of Martiall laws in times of peace They doe therefore humbly pray you that no man be hereafter compelled to yeeld or make any gift loan benevolence tax or such like charge without common consent by act of Parliament whereunto his Majesty consented with this subscription Soit Droit fait come est Desire And these are the Statutes whereupon I relie that this charge cannot be laid upon the Subject by this Writ onely without the aide of some act of Parliament Now for authorities of Booke cases and other authorities concurring herewith First by the Case of 13. Hen. 4. fol. 14 15 and 16. which were long debated It appeares that the King had granted an office for the measuring of Cloth in London and a power to take so much for his labour There was a Writ under the great Seale directed to the Mayor of London commanding him to put the Patentee in possession and the Patentee had put it in practice and divers had paid money to the Patentee And yet after upon a returne that there was no such office it is adjudged a good returne And it is there agreed That the King cannot by his Patent create or erect a new office in charge of his people without the speciall assent of the Commons And the King cannot grant to any that he shall take of every Carriage that shall come over such a bridge such a sum And it is said there in the sixteenth leafe that a common charge though it sound to the profit of the people cannot be granted out of Parliament And this in my opinion is a strong case in the point Then see 37. Hen. 8. Broke in Patents placito 100. The Kings Majestie may erect Markets and Faires with tolls incident For that concernes onely such as will buy but the King cannot grant toll Travert nor a Thorow toll nor alter or change Laws or Customes of the Realme nor make land deviseable or gavel-kinde or Borough English or change gavel-kinde or Borough English to be descendable to the heire which is so agreed in divers Books Then in the booke of Fortescue of his commendation of the Laws of England it is thus written in the ninth chapter the five and twentieth leafe The King of England cannot alter or change the Laws of his Realme at his pleasure For why he governeth his people by power not onely Royall but also politique If his power over them were onely Royall thē he might change the Laws of his Realme and charge his Subjects with tallage and other burthens without their consent And such is the dominion which the Civill law purports when they say that the will of a Prince hath the force of a Law But from this much differeth the power of a King whose government over his people is politique for he can neither change Laws without the consent of his Subjects nor yet charge them with strange impositions against their wills Rejoyce therefore O Soveraign Prince and be glad

forces to defend c. The like writs to all other Bishops in the Kingdome A writ to the arrayers of men in the county of Norff. and to the Sheriffe of Norff. commanding them to command all great men and others that had mansions upon or neere the sea coasts to resort with all their families for defence of those coasts The like to the arrayers and to the Sheriffes often other Maritine counties A commission to the Bishop of Durham and others to array men in Durham Cumberland and Northumb. to resist the Scots A writ to William Hench and others to remove with all their families to their houses upon the sea coasts In the time of Richard the second A writ to the Bayliffe of Scardeburgh because the towne was upon the coasts of the sea and in danger by invasion carefully to look to the custody thereof c. A writ to the Maior and Bayliffes of Oxon. to repaire the walls of the town and to compell those that had lands there to contribute to the expences thereof This Record hath beene much urged by Mr. Sollicitor and Mr. Attorney that if the King have such a power to command the walls of a towne to bee repaired much more to command ships to be made which are the walls of the sea and consequently the walls of the Kingdome But this is clearly answered for that it is but a private charge of a private towne and that had beene formerly so walled and for defence safety of the town and none charged but those that have benefit thereby and so proveth nothing to the Case in question One writ to the Sheriffe of Kent and another to the Sheriffe of Essex commanding an ordinance made c. by the King and his Councell for setting up of Beacons and keeping watch about them A writ to the Archbish. of Cant. to command all his Clergy betweene 16. and 60. to bee arrayed and put in armes both horse and foot according to their qualities to bee ready to defend the Kingdome A writ to a Serjeant at armes to array all ships of warre in the Ports of Plimouth and Dartmouth and other parts in the county of Cornwall and to bring them to Hanks hook to go with the Kings Majesties ships In the same Roll are divers other writs to divers other Serjeants at armes to arrest the ships in divers other ports A commission to the Duke Albernale to array men in the West Marches towards Scotland to resist the Scots A writ to the Sheriffe of Derby and Nottingham reciting that the King certainly understood that the Scots intended with a great power to invade the Kingdome commandeth him to proclaim in all parts of his counties that all men betweene 16. and 60. should put themselves in arms competent according to their degrees to bee ready upon two dayes warning to defend the Kingdome The like writs were then directed to the Sheriffes of Lincoln Yorke and Lancaster A writ to the Archbish. of Cant. reciting Satis informati estis qualit inimici nostri Franc. alii sibi adhaerentes cum magna classe navium cum magna multitudine armator ' super mare congregat ' diversas villas per Costeram regni nostri invadere nos regnum nostrum destruere Ecclesiam Anglicanam subvertere intendunt proponunt Thereupon commandeth that the Clergy in that Diocesse be arrayed and armed and to be ready at the Kings command to goe against the enemy The like Writs were then awarded to every Bishop in England A commission to Thomas de Morley and others and to the sheriffes of Norff. and Suff. and to the Bayliffes of great Yarmouth reciting Quòd cum inimici Franc. Brittan Scot. alii sibi adhaerentes inter se obligat magna armat super mare in aestate proxim futur ordinaverunt intendunt regnum invadere c. commandeth to survey that town of Yarmouth to fortifie it Note here also notwithstanding such great danger mentioned and such distance of time yet that no Writs issued to any counties to prepare ships A commission to array all men at armes in the West-Riding in Yorkshire to bee ready to defend those parts The like Commissions to others in nineteen severall counties Commissions for arraying men for defence of the Kingdome if invasion shall be and for repressing of Rebels Commissions unto George Duke of Clarence and others to array men for defence A Commission to Iohn Lord Howard to be Captaine of all the Forces A Commission to Marquesse Mountague to array and put in armes all men beyond Trent A Commission to Rich. Fitz-Hugh c. and to the Sheriffe of Yorkshire to array and cause to bee armed all able persons Abbots and others to be ready to defend the Kingdome A Writ to the Sheriffe of Norff. and Suff. to proclaime in all parts of those counties for that there was like to be open wars between Charles of France and the King of Romans and great Navies are prepared of either side commandeth that watch and ward bee kept and beacons kept to give warning that every man be ready if need be to come and defend the Kingdome A Writ to the Sheriffe of Kent commanding him to proclaime in his county that the King bee certainly informed that the French King hath prepared and put in readinesse a great and strong Navie furnished with men of warre to invade this his Kingdome therefore commandeth all men betweene the age of 16. and 60. to put themselves in armes and to bee ready to defend the Kingdome at an houres warning Cōmissioners went to take view of all the horses of England for service and to survey all the armes to have them all put in readinesse as necessity should require Now it appeareth upon view and examination of all these Records most of them being cited by Mr. Sollicitor and M. Attorney in their severall arguments that there are none to prove the sending of any such Writs to Inland or Maritine counties to prepare such ships although there hath beene many times great danger nor yet any Writs to Maritine towns after the Stat. of 14. E. 3. to charge them to find any ships at their charges So then I conclude this point that I conceive this Writ is not warranted by any former President Now I come to examine the points of this Writ whether the same bee legall and warranted by any former Presidents and I conceive it is not For First the motives mentioned in the Writ are Quia datum est nobis intelligi which is no certain information quòd quidam praedones maris grassatores did take the Kings subjects Merchants and others and carried them into miserable captivity Cumque ipsos conspicimus navigium indies praeparantes ad mercator ' nostros molestand ' regnum nostrum gravand ' All

he to return the same to the Court whereunto he is the immediate officer and the former are not any officers So the Scire fac ' thereupon grounded I conceive is not good also the Scire fac ' to warne Mr. Hampden ad ostend ●i quid pro se habeat c. quare de praedict viginti solid onerare non debet not shewing to whom is uncertaine and insufficient Thereupon I conclude upon the whole ma●er That no judgement can be given to charge the Defendant FINIS Iudgement was given against Mr Hampden by the greater part of the Iudges And when the Iudges had delivered their opinions the Barons gave Iudgement Quod oneret●r c. Afterwards in this present Parliament begun at Westminster 3. Novembris Anno Dom. 1640. the Commons took into their considerations the extrajudiciall opinions of the Iudges the Ship-writs and this Iudgement against Mr Hampden and being read openly in the House after long debate Die Lunae septimo die Decemb. 1640. these foure severall Votes passed upon them without so much as one negative Voice to any of them viz. THat the charge imposed upon the Subjects for the providing and furnishing of Ships and the assesments for raising of money for that purpose commonly called Spip-money are against the Laws of the Realm the Subjects right of Property and contrary to former resolutions in Parliament and to The Petition of Right THat the extrajudiciall opinions of the Judges published in the Star-chamber and inrolled in the Courts at Westminster in haec verba THE CASE Charles Rex VVHen the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger whether may not the King by Writ under the Great Seal of England command all the Subjects in this Kingdome at their charge to provide and furnish such number of Ships with men victuall and munition and for such a time as hee shall think fit for the defence and safegard of the Kingdome from such danger and perill and by Law compell the doing thereof in case of refusall or refractorinesse And whether in such case is not the King the sole Judge both of the danger and when and how the same is to be prevented and avoided C. R. THEIR OPINIONS MAy it please Your most excellent Majesty We have according to Your Majesties command severally and every man by himself and all of us together taken into serious consideration the Case and questions signed by Your Majestie and inclosed in Your Letter And we are of opinion That when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger Your Majesty may by Writ under the Great Seale of England command all the Subjects of this Your Kingdome at their charge to provide and furnish such number of Ships with men victuall and munition and for such time as Your Majesty shall think fit for the defence safegard of the Kingdome from such danger and perill and that by Law Your Majesty may compell the doing thereof in case of refusall or refractorinesse 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 In the whole and in every part of them are against the Lawes of the Realme the Right of Property and the liberty of the Subjects and contrary to former Resolutions in Parliament and to The Petition of Right THat the Writ following in hae● verba viz. CHARLES by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Our right trusty and welbeloved Councellor Thomas Lord Coventry Keeper of Our great Seal of England greeting These are to will and require you that for the safegard of the Seas and defence of the Realme you issue forth or cause to be issued forth of our high Court of Chancery these ensuing Writs in the forme following with Duplicats of them under Our Great Seale of England unto the Counties Cities Townes and places hereafter ensuing and for so doing this shall be your warrant REx c. Vic. Com. nostri Buck. Ballivis Burgensibus Burgi paroch de Buckingham Maiori Ballivis Burgensibus Burgi de Chepping Wicombe alias Wicombe Ballivis Aldermannis Burgensibus Burgi de Aylesbury ac probis hominibus in eisdem Burgis parochiis membris eorundem in Villis de Agmondisham Wendover Marlowe magna ac in omnibus aliis Villis Burgis Villat Hamlet aliis locis in dicto Com. Buck. salutem Quia datum est nobis intelligi quod praedones quidam Piratae maris Grassatores tam nominis Christiani hostes Mahumetani quam alii congregat Naves bona ac mercimonia non solum Subditorum nostrorum verumetiam Subditorum Amicorum nostrorum in mari quod per gentem Anglicanam ab olim defendi consuevit nefariè diripientes spoliantes ea ad libitum suum deportavere hominesque in eisdem in captivitatem miserrimam mancipantes Cumque ipsos conspicimus Navigium indies praeparantes ad Mercatores nostros ulterius molestand regnum gravand nisi citius remedium apponatur eorumque conatui virilius obvietur consideratis etiam periculis quae undique his guerrinis temporibus imminent ita quod nobis Subditis nostris defensionem maris regni omni festinatione qua poterimus accelerare convenit Nos volentes defensioni regni tuitioni maris securitati Subditorum nostrorum salvae conductioni Navium Merchandizarum ad regnum nostrum Angliae venient ' de eodem regno ad partes exteras transeunt ' auxiliante Deo providere maxime cum nos Progenitores nostri Reges Angliae Domini maris praedict. semper hactenus extiterint plurimum nos taederet si honor iste regnis nostris temporibus depereat aut in aliquo imminuatur Cumque onus istud defensionis quod omnes tangit per omnes debeat supportari prout per legem consuetudinem regni nostri fieri consueverit Vobis praefat. Vicecom Maior Ballivis Aldermannis Burgensibus probis hominibus omnibus aliis quibuscunque supramentionat Villis Burgis Vill Hamlet locis suprad eorumque membris in fide ligeantia quibus nobis tenemini sicut Nos honorē nostr. diligitis necnon sub forisfactur omniumque quae nobis forisfacere poteritis firmiter injungend Mandamus quod unam Navem de guerra portagii quadringent quinquagint doliorum cum hominibus tam Magistris peritis quam Marinariis valentioribus expertis centum octoginta ad minus ac etiam tormentis tam majoribus quam minoribus pulvere tormentario ac hastis telis aliisque armatur necessar pro guerra sufficien cum duplici eskippamento necnon cum victual usque ad primum diem Marcii jam proximè