Selected quad for the lemma: master_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
master_n	great_a	king_n	place_n	2,734	4	4.1078	3	false

Text snippets containing the quad

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

allegation much troubled mee when I heard those Records cited and so learnedly and earnestly pressed by Master Sollicitor and after by Master Atturney to bee so cleare that they might not bee gain-said but that they proved a cleare Prerogative or at least a Royall power that the King might do so especially when my brother Weston and my brother Berkley who had seene the Records pressed them and relyed upon them for the reasons of their judgements I say I was much doubtfull thereupon untill I had perused all those Records sent me by the Kings Councel and satisfied my judgement therein But now I answer That if there were any such Presidents as I shall shew that there is not one shewed to mee to prove this Writ to be usuall yet it were not materiall for now we are not to argue what hath beene done de facto for many things have been done which were never allowed but our question is What hath beene done and may bee done de jure And then as it is said in Cok. lib. 4. fol. 33. in Mittons Case Iudicand ' est legibus non exemplis and lib. 11. fol. 75. in Magdalen Colledge Case it is said Multitudo errantium non parit errori patrocinium and lib. 4. fol. 94. in Slades Case Multitude of Presidents unlesse they bee confirmed by Judiciall proceedings in Courts of Record are not to be regarded and none of these were ever confirmed by Judiciall Record but complained of But to give a more cleare answer unto them I say That in my opinion upon view and serious reading of all the Records that have beene sent mee on the Kings part for I have read them all over verbatim and I presume they sent all that were conceived to bee materiall and I having taken notes of every one of them and diligently considered of them I conceive there is not any President or Record of any Writ which maintaines this Case for there is not any President or Record of any such Writ sent to any Sheriffe of any Inland County or Maritine County to command the making of ships at the charge of the County but this is the first President that ever was since the Conquest that is produced in this kind but it is true that before 25. Ed. 1. there have been some Writs to Maritine Townes and Ports and other Townes as London c. Where they have had ships and Mariners to provide and prepare ships and to send them to places where the King pleased to appoint upon any just cause of feare of any danger for defence and great reason that they having ships and Masters of ships and Mariners should bee at the Kings command to bring all or as many as hee pleaseth for defence of the Sea and Kingdome being those that had the most benefit of the Seas and likely to have the losse if the Seas and Coasts were not duely guarded and those were most commonly appointed to bee at the Kings charge but sometimes upon some necessity they were appointed to be at the charge of the townes and parts adjoyning which I thinke was the true cause of the complaint in Parliament in 25. E. 1. and the making of that statute for staying that course for there is no Record afterwards of any such Writ in King Edw. 1. his time after that statute to Maritine townes to prepare or send ships at the charge of the townes and none after untill the time of Edward the third and then the warres being betweene him and the French King in Annis 10 11 12 13. of Edw. 3. were the most Writs awarded to the Maritine townes to send ships at their charge sufficiently furnished and those I thinke were the principall cause of the making of the statute of 14. Edw. 3. cap. 1. and after that statute no such Writs nor any Commissions for that purpose were awarded to make any ships at the charge of Maritine townes untill 1. Ric. 2. m. 18. when Writs were awarded to many Maritine townes and Inland townes for the making of ships which Record was much pressed by Mr. Atturny afterwards by my brother Weston my brother Berkley to prove that this course was and might be practised after the stat of 14. Ed. 3. for sending forth such Writs allowed but that Record is fully satisfied for it was grounded upon an ordinance in Parliament in 1. Ric. 2. m. 52. that all ancient Cities Burroughes and Townes that would have their liberties confirmed should have them confirmed without any charge of fine save onely to make a ship of warre for defence of the Realme so this was not compulsary to any but voluntarie to those that would have their liberties confirmed And afterwards in 1. H. 4. Commissions were awarded for the making of such Vessels for warre but those issuing forth without any ordinance in Parliament were complained of in Parliament 2. H. 4. m. 22. as to be against the liberty of the Subject as appeareth by the Statute before recited and the Commissions expresly repealed And since that time of 2. Henr. 4. no such Writs issued forth in any age to any Maritine Towne to cause ships or prepare ships at their owne charge for the Kings service untill these late Writs And now I shall take a short view of all the Records that have been cited and sent unto mee and leave them to the judgement of my Lords and others if any of them prove these Writs to be usuall and legall The Records in the time of King John THree of these are to arrest and make stay of all ships that they should not goe out of the Kingdome but to bee ready for the Kings service and the other was to bring ships of particular Townes to the mouth of the Thames for the Kings service A Commission to guard the Seas to Iohn de Marshall and to the Sheriffe of the County of Lincolne and all others to attend his commands Writs to the Barons of the Cinque Ports and divers other Townes to have their ships ready for the Kings service In the time of King Henry the third A Writ to the Bailiffe of Portsmouth to prepare one Gally A Commission to the Bishop of Rochester and others and to the Sheriffe of Kent to cause all men at armes in that County to bee sworne and to assesse them what armes they should find A Writ to the Sheriffe of Norfolke commanding him to cause them which were appointed to attend at the Sea coasts in that County and having served forty daies intended to depart that they should stay eight daies longer by reason of the danger and longer if need require The like was sent to the Sheriffe of Suff. and Essex A Writ to the Maior of Bedford commanding him to provide for the expences of them that were sent from thence for the guarding of the Seas yet it is but for eight daies more after the date of the Writ A Writ to the men of Essex

of those of 25. Edw. 1. 34. Edw. 1. and 14. Edw. 3. being in the negative and in force I conceive that those Writs to lay such a charge is against the Law and so the assessement by colour thereof not lawfull Now whereas the precedent Arguments have been that the Kingdome being in danger therefore these Writs went forth for the making of ships because there could not bee so suddenly any Parliament called And the Parliament is a slow body and the Kingdome may be lost whilest there is consultation And the danger is conceived to bee very great because the first Writ of 4. Augusti so mentioneth that the Pirates provide a great Navie to infest the Kingdome and it is fit with speed to provide a remedy and that the Writ of mittimus mentioneth that Salus Reipublicae periclitabatur And wee must beleeve these suggestions to bee true for the Kings Certificate by this Writ is Recordum superlativum as Master Sollicitor and my brother Berkley termed it and we must leave it upon the Kings conscience if it be not true to lay such a charge upon an untrue suggestion and the Defendant also by his Demurrer hath confessed all the suggestions in the Writ to be true therefore it must bee conceived that the Kingdome was in great danger and present remedy must be had by making these ships and may be commanded by those Writs and not to stay for a Parliament And my brother Crawley said It may bee that if a Parliament were called they will not yeeld to the going forth of such Writs although the Kingdome were never so much in danger And this charge in respect of the making of defence is not within the intention of these statutes and if it had bin expresly mentioned within a statute that such a charge should not bee imposed it had been a void statute and contrary to the Law that the Kingdome should not bee defended To all these I answer That the matter now in question is upon the Writ of 4. Augusti whether that bee legall or not and the suggestions therein bee sufficient or not for the Writ of Mittimus mentioning that Salue Reipublicae periclitabatur at the day of issuing forth of the Writ of 4. Augusti which is a year and a halfe after the first Writ doth not help it And this is not notified to the Sheriffe and Inhabitants of the County to make them the more carefull and in the greater contempt if a ship were not provided but it is onely a notification to the Barons of the Exchequer that the same was the reason why the same Writ issued forth That the suggestions are not absolute that any such danger was or such Navie was prepared by the Pirates but onely mentioneth Quia datum est nobis intelligi that the Pirates had done such mischiefe c. If such suggestions had been absolutely set downe yet wee are not alwaies bound absolutely to beleeve them because many times untrue suggestions are made in Writs and Patents and yet it doth not lye upon the Kings conscience neither doth the Law impute any fault to the King if any such be for the Law doth alwaies conceive honourably of the King that hee cannot nor will not signifie any untruth under his great Seale but is abused therein and the Law imputeth it to them that so mis-informed the King and thrust in such suggestions into the Writ and therefore all Patents grounded upon untrue suggestions are accounted void That the Demurrer confesseth nothing but that which is legally and well set downe but if it bee illegall the Demurrer confesseth it not but is well offered for that cause If the Kingdome were in danger yet a charge must not bee laid in generall upon the Subjects without their consent in Parliament for either the danger is neere and then present provision must be made by mens persons and the present ships of the Kingdome which the King may command from all parts of his Kingdome as need shall require but cannot command money out of mens purses by distraining their goods or imprisoning their persons But if the danger bee further off by reason of any forraine combinations as it is conceived it may be here then provision must bee made of ships by all the Kingdome for defence then as Philip de Comines saith fol. 179. that cloud is seene afarre off before that the tempest fall especially by a forraine war and such invasions cannot fall so soone but that the King may call his Sages together and by consent make provision for such defence So I say here if there be time to make ships or prepare ships at the charges of the Counties then is there time enough for his Majestie if hee please to call his Parliament to charge his Commons by consent in Parliament to have a subsidiary aide as alwaies hath been done in such cases and they are not so long coming or meeting when they come but to make provision for defence being for all their safeties For it appeareth by Coke lib. 9. fol. 1. in his Epistle that King Alfred made a Law that the Parliament should be held twice every yeare and oftner if need require in time of peace so that it was then conceived it was necessary to have Parliaments often to redresse inconveniences Also by a statute made 4. Edw. 3. cap. 14. It is enacted that a Parliament shall bee held once every yeare and oftner if need be Also by a statute made 36. Edw. 3. cap. 10. It is enacted for redresse of mischiefes and grievances that daily happen a Parliament shall bee holden every yeare as another time was ordained by a statute which I thinke referreth to 4. Edw. 3. Also it appeareth by the speed that was in the Parliament held in the third yeare of his Majesties raigne five Subsidies were granted two of them to bee paid within few daies after the Session of Parliament ended and therefore might as this case is beene ordered and provided for by Parliament within seven moneths as the time was betweene the Teste of the Writ and the time prefixed for ships to be prepared and sent Where it is objected that the Parliament perhaps would not have consented and so the Kingdome might have been lost It is answered That it is not to bee pre●umed that the Parliament would deny to doe that which is fit for the safety and defence of the Kingdome their owne estates and lives being in danger if the Kingdome were not sufficiently defended for it is a Rule Nihil iniqu●●m es● praesumendum in Leg● so of the high Court of Parliament that they would not deny that which is fitting But I confesse I doe thinke if it had beene moved in a Parliament they would never have consented to these Writs they never having been awarded before since the Conquest and if they had consented they would have taken a course how the same should have beene made with most conveniencie and not