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• Preface to the Second Edition
• Introduction
• I.: To the Meeting of the Third Parliament of Charles I. [—— 1628.]
• II.: From the Meeting of the Third Parliament of Charles I to the Meeting of the Long Parliament. [1628-1640.]
• III.: From the Meeting of the Long Parliament to the Outbreak of the Civil War. [1640-1642.]
• IV.: From the Outbreak of the Civil War to the Execution of the King. [1642-1649.]
• V.: The Commonwealth and Protectorate. [1649—1660.]
• Part I: From the Accession of Charles I to the Meeting of the Third Parliament of His Reign.
• 1.: Speech of Sir Nathaniel Rich, Proposing Terms On Which the House of Commons May Be Prepared to Grant Supply.
• 2.: Protestation of the Commons.
• 3.: Documents Relating to the Impeachment of the Duke of Buckingham.
• 4.: The Restraint of the Earls of Arundel and Bristol.
• 5.: The King’s Letter and Instructions For the Collection of a Free Gift.
• 6.: Commission For Raising Tonnage and Poundage With Impositions.
• 7.: The Commission and Instructions For Raising the Forced Loan In Middlesex.
• 8.: The Case of the Five Knights, Before the Court of King’s Bench.
• Part II: From the Meeting of the Third Parliament of Charles I. To the Meeting of the Long Parliament.
• 9.: Notes of a Bill Brought In By Sir Edward Coke to Secure the Liberties of the Subject.
• 10.: The Petition of Right.
• 11.: The Remonstrance Against Tonnage and Poundage.
• 12.: The King’s Speech At the Prorogation of Parliament At the End of the Session of 1628.
• 13.: The King’s Declaration Prefixed to the Articles of Religion.
• 14.: Resolutions On Religion Drawn By a Sub-committee of the House of Commons.
• 15.: Protestation of the House of Commons.
• 16.: The King’s Declaration Showing the Causes of the Late Dissolution.
• 17.: The Declaration of Sports 1 .
• 18.: Act of the Privy Council On the Position of the Communion Table At St. Gregory’s.
• 19.: Specimen of the First Writ of Ship-money.
• 20.: The King’s Case Laid Before the Judges, With Their Answer 2 .
• 21.: Extracts From the Speech of Oliver St. John In the Ship-money Case.
• 22.: Extracts From the Argument of Sir Robert Berkeley, Justice of the King’s Bench.
• 23.: The Scottish National Covenant.
• 24.: Petition of Twelve Peers For the Summoning of a New Parliament.
• 25.: The King’s Writ Summoning the Great Council.
• Part III: From the Meeting of the Long Parliament to the Outbreak of the Civil War.
• 26.: The Root and Branch Petition.
• 27.: The Triennial Act.
• 28.: The Protestation.
• 29.: The Act For the Attainder of the Earl of Strafford.
• 30.: The Act Against Dissolving the Long Parliament Without Its Own Consent.
• 31.: The Tonnage and Poundage Act.
• 32.: The Ten Propositions.
• 33.: Bill On Church Reform Bead Twice In the House of Lords 1 .
• 34.: The Act For the Abolition of the Court of Star Chamber.
• 35.: The Act For the Abolition of the Court of High Commission.
• 36.: Act Declaring the Illegality of Ship-money.
• 37.: Act For the Limitation of Forests.
• 38.: Act Prohibiting the Exaction of Knighthood Fines.
• 39.: Resolutions of the House of Commons On Ecclesiastical Innovations.
• 40.: Order of the House of Lords On the Services of the Church.
• 41.: Extract From the Instructions to the Committee In Scotland, Proposed By the House of Commons.
• 42.: The King’s Speech to the Recorder of the City of London.
• 43.: The Grand Remonstrance, With the Petition Accompanying It.
• 44.: The King’s Proclamation On Religion.
• 45.: The King’s Answer to the Petition Accompanying the Grand Remonstrance.
• 46.: The Impeachment of One Member of the House of Lords, and of Five Members of the House of Commons.
• 47.: A Declaration of the House of Commons Touching a Late Breach of Their Privileges.
• 48.: The Clerical Disabilities Act.
• 49.: The Impressment Act.
• 50.: The Militia Ordinance.
• 51.: The Declaration of the Houses On Church Reform.
• 52.: The King’s Proclamation Condemning the Militia Ordinance.
• 53.: The Nineteen Propositions Sent By the Two Houses of Parliament to the King At York.
• 54.: Declaration of the Houses In Defence of the Militia Ordinance.
• 55.: The King’s Letter Sent With the Commissions of Array to Leicestershire.
• 56.: The Votes of the Houses For Raising an Army.
• Part IV: From the Outbreak of the Civil War to the Execution of the King.
• 57.: The Propositions Presented to the King At the Treaty of Oxford.
• 58.: The Solemn League and Covenant.
• 60.: The Ordinance Appointing the Second Committee of Both Kingdoms.
• 61.: The Propositions of the Houses Presented to the King At Oxford, and Subsequently Discussed At the Treaty of Uxbridge.
• 62.: The King’s Propositions to Be Discussed At Uxbridge.
• 63.: The Self-denying Ordinance.
• 64.: The Negative Oath.
• 65.: Order of the Two Houses For Taking Away the Court of Wards.
• 66.: The Propositions of the Houses Sent to the King At Newcastle.
• 67.: The King’s First Answer to the Propositions Presented At Newcastle.
• 68.: The King’s Second Answer to the Propositions Presented At Newcastle.
• 69.: Suggested Answer to the Propositions Drawn Up For the King By the Leading Presbyterians and a Small Number of the Independents, and Forwarded By the French Ambassador to Cardinal Mazarin to Be Laid Before Queen Henrietta Maria.
• 70.: The King’s Third Answer to the Propositions Presented At Newcastle.
• 71.: The Heads of the Proposals Offered By the Army.
• 72.: The King’s Answer to the Propositions of Parliament.
• 73.: Letter of Charles I to the Speaker of the House of Lords.
• 74.: The Agreement of the People, As Presented to the Council of the Army.
• 75.: The Four Bills, With the Propositions Accompanying Them.
• 76.: The Engagement Between the King and the Scots.
• 77.: Additional Articles of the Engagement.
• 78.: The King’s Reply to the Four Bills and the Accompanying Propositions.
• 79.: The Vote of No Addresses.
• 80.: The Act 1 Erecting a High Court of Justice For the King’s Trial.
• 81.: The Agreement of the People.
• 82.: The Charge Against the King.
• 83.: The King’s Reasons For Declining the Jurisdiction of the High Court of Justice.
• 84.: The Sentence of the High Court of Justice Upon the King.
• 85.: The Death Warrant of Charles I.
• Part V: The Commonwealth and Protectorate
• 86.: Act Appointing a Council of State.
• 87.: Engagement Taken By the Members of the Council of State.
• 88.: The Act Abolishing the Office of King.
• 89.: An Act Abolishing the House of Lords.
• 90.: An Act Declaring England to Be a Commonwealth.
• 91.: An Act Declaring What Offences Shall Be Adjudged Treason.
• 92.: Engagement to Be Taken By All Men of the Age of Eighteen.
• 93.: Act Repealing Several Clauses In Statutes Imposing Penalties For Not Coming to Church.
• 94.: Act For the Settlement of Ireland.
• 95.: Declaration By the Lord General and the Council On the Dissolution of the Long Parliament.
• 96.: Summons to a Member of the So-called Barebones Parliament.
• 97.: The Instrument of Government.
• 98.: An Ordinance By the Protector For the Union of England and Scotland.
• 99.: An Ordinance By the Protector For Elections In Scotland.
• 100.: An Ordinance By the Protector For Elections In Ireland.
• 101.: The Constitutional Bill of the First Parliament of the Protectorate.
• 102.: The Humble Petition and Advice.
• 103.: The Additional Petition and Advice.
• 104.: The Writ Summoning Richard Cromwell to the House of Lords of the Protectorate.
• 105.: The Declaration of Breda.
• Appendix: the Navigation Act.

20.

The King’s Case laid before the Judges, with their Answer2 .

Carolus Rex.

When the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, whether may not the King, by writ under the Great Seal of England, command all the subjects of our kingdom at their charge to provide and furnish such a number of ships, with men, victuals, and munition, and for such time as we 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 the sole judge both of the danger, and when and how the same is to be prevented and avoided?

May it please your Most Excellent Majesty,

We have, according to your Majesty’s command, every man by himself, and all of us together, taken into serious consideration the case and question signed by your Majesty, and inclosed in your royal letter; and we are of opinion, that when the good and safety of the kingdom in general is concerned, and the kingdom in danger, your Majesty may, by writ under the Great Seal of England, command all your subjects of this your kingdom, at their charge to provide and furnish such a number of ships, with men, victuals, and munition, and for such time as your Majesty shall think fit for the defence and safeguard of this 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.

John Bramston,

John Finch,

Humphry Davenport,

John Denham,

Richard Hutton,

William Jones,

George Croke,

Thomas Trevor,

George Vernon,

Francis Crawley,

Robert Berkeley,

Richard Weston.

[2 ] An earlier opinion had been given by the Judges at Finch’s instance in November, 1635 (Rushworth, iii. App. 249), to the following effect:—‘I am of opinion that, as when the benefit doth more particularly redound to the ports or maritime parts, as in case of piracy or depredations upon the seas, that the charge hath been, and may be lawfully imposed upon them according to precedents of former times; so when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger (of which His Majesty is the only judge), then the charge of the defence ought to be borne by all the realm in general. This I hold agreeably both to law and reason.’