Page:Celebrated Trials - Volume 1.djvu/503

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ger and peril; and by law compel the doing thereof, in case of refusal and refractoriness? And whether, in such a case, is not the king sole judge, both of the danger, and when, and how, it is to be prevented and avoided?"

To which the judges answered,

"We are all of opinion, that when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, your majesty may, by writ under the great seal, command all your subjects, at their charge, to provide and furnish such number of ships, with men, munition, and victuals, and for such time as your majesty shall think fit, for the defence of the kingdom, and may by law compel the doing thereof, in case of refusal; and that your majesty is the sole judge, both of the danger, and when, and how, the same is to be prevented and avoided.

"Signed by all the twelve judges, viz. Jo. BRAMPSTON, Jo. FINCH, HUMPH. DAVENPORT, Jo. DENHAM, RICH. HUTTON, W. JONES, GEO. CROKE, THO. TREVOR, GEO. VERNON, FRA. CRAWLEY, ROB. BERKLEY, and FRA. WSETON."

This resolution his majesty caused to be published, and entered in the courts at Westminster, and directed: the judges to communicate it to the people, in their respective circuits.

The occasion of demanding the opinions of the judges was this: a writ had been issued in the eleventh year of King Charles I., directed to the sheriff of Bucks, the bailiff and burgesses of Buckingham, &c. reciting, that his majesty being given to understand, that the sea was infested by thieves, pirates, and sea-robbers, as well Turks, enemies to Christianity, as others, who took and plundered the ships of his majesty's subjects, and those of his allies who used to be protected heretofore by the English nation: that his majesty considering also the danger that in these times of war hung over us; and desiring to provide for the defence of the kingdom, the maintaining the dominion and protection of the sea, and the security of the subjects; he does therefore command the sheriff, &c. upon their faith and allegiance, that they provide in this county a ship of war, of 450 tons, with 180 men, guns, gunpowder, double tackling, and all other things necessary; and to bring the said ship to Portsmouth by the 1st of March

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