SECT. 1. The Case put between the King and the Bankers.

I think it is now evident enough to every man that understands any thing, that the concernment of the Bankers is now become the concernment of their Creditors, and that both their interests are common, and so insepe­rably twisted together, that the prosperity of the latter, will depend alto­gether upon the Fate of the former. Insomuch that if the Banker never receive his debt, I do not in probability see how he will be able to satisfie his Creditor: we are therefore by invincible necessity obliged to maintain the right of the Banker, and in order thereunto I will now put his Case, which in short is no more but this.

A Banker lends to the King an hundred thousand pounds, more or less; this money is secured to the said Banker upon the Customes, or any other Branch of the King's Revenues, &c. by Order Registred in the Exchequer, or by Talley of Loane, or both, and then the King (upon the War-like pre­parations of our neighbour Princes and States) is advised to make stop of all payments out of the Exchequer, which is executed accordingly; whe­ther by this Councel executed the Subjects property be invaded? and I clearly conceive it is.

SECT. 2. That by this Councel of stopping Payments out of the Ex­chequer, the Subject, prop [...]rt [...]is in vaded at Common Law.

IT is an Essential principle of the Law of this Realine. That the Subject hath an undoubted property in his Goods and Possessions. Otherwise there shall remain no more industry, no more Justice, no more valour, for who will labour? who will hazzard his person in he day of B [...]tta [...] for that which is not his own? How can the Subject [...]y any Act of Boun [...]y ingra­tiate himself with his Soveraign? Neither was this Right of propriety in­troduc there by any Charter or Edict of Princes, but was the old Funda­mental Law, Lambards Ar­chaion, Fortes. de laudibus Le­gum Angliae. cap. 17. Dug­dales Origines Jurid ciales. Insinite Authorities there quoted to prove this, See there Fol. 5.6. springing from the Original, Frame, and first Architecture of the Kingdome. There were manifest Footsteps of this Law in the Brit [...]ish, Roman, Saxon and Danish Governments here, nay it was of that vigour and puissance to survive even the very Norman Conquest. To prove which I shall crave leave to produce this following short memorable Record. One Shirboorn a Saxon at the time of the Conquest, being seized of a Castle and Lands in Norfolke, William the Conquerer gave the same to one War­ren a Norman, of principal Quality; Shirboorn dying, his Heir shewed to the Conquerour that he was his Subject, and that he ought to Inherit the said Castle and Land, by vertue of that Law which he himself had establisht in England. In this Case the Conquerour gave Judgement for Shirboorn a­gainst Warren, and pronounc'd his own former gift void. See for this Cambden in his Description of Norfolk. And Sir John Davis Rep. 41, a. The Case of Tanistry. And there it is said by Judge Calthrop, that he him­self had seen an Authentique Copy of this Judgement.

For indeed the Common Law is not more solicitous of any one thing then to preserve the property of the Subject from the inundation of the Prerogative. And therefore where a custome is to pay Toll for all Cattle that shall be driven over a common Bridge, this Custome shall bind the Subject but not the King; but where a Custome is to pay Toll for all Cat­tle that shall be driven over a mans private Freehold, there the Custome shall prevail against the Prerogative, and what's the Reason? why, be­cause the Law will not allow the King to invade the Subjects Inheritance and Property without consent and compensation. For this see the expre [...]s book of 46 of Ed, 3. cited in Plowden 236. a. The Lord Barkley's case. Many other cases of this nature are there recited, and in other Books of our Law, which for brevity I for bear to mention.

To come then to the Hinge upon which this point turns. I do lay this down for an indisputeable ground. That the Law of the Court of Exche­quer is the universal Law of this Land, and so is Plowden 320. b. and 321. b. The case of Mines, and Cooks 2d Report 16. b. Lanes case adjudg'd. Now then by the Law of the Exchequer, when the King hath charged himself to the Subject by Talley and liberate (as in our case) to pay a summe of money out of his Customes or any other branch of his Revenue, and his Collector hath received this Revenew; this money though at first it appertains in property to the King, yet as soon as ever the Kings Credi­tor comes to this Collector, and shewes him his Talley and Liberate, and demands payment accordingly, the property of this money (to the pro­portion of the Debt) by meer operation of Law, is transfer'd out of the King into the Collector or Receiver, and in an instant becomes the proper and personal Money of the said Collector, or Receiver; in respect of his charge over to the party. And so it is clearly affirmed by all the Judges of both Benches Plowden 186. a. Lord Darcyes case.

And therefore if the King grant a summ of money to I. S. to be received out of his Customs of London, I say that by the delivery of the Talley Li­berate, and assets in the hands of the Customer, the Customer is become a Debtor to I. S. and he may bring his Action of Debt upon this matter against the Customer. Coke's 4 Institutes, 116. F. N. B 121. F. 21. H. 6. Fitzh. Debt 43.27. H. 6.9. Fitzh. Bar. 314. Brook Talley d'Exche­quer. 1.37. H. 6.15. Brooke ibid. 3.

Nay in such case if the Receiver dye, the Action will lye against his Ex­ecutor. And therefore where the King had granted a Fee by Patent to the Clercke of the Parliament to be received out of the profits of the Hana­par, and the Clercke of the Hanapar dyed, yet adjudged that debt would well lye against his Executor, because so much of the Kings money was al­tered in property in the hands of the Testator, and yet here was no con­tract, privity in word, suit or Execution of Law between the King and Testa or, or Executor, 2. Hen. 7.8. b. &c. Fitzh. Bar. 124. Ploxden 36. b. and 186. a. So if the King assign Talleys upon the Dismes (gran­ted him by Parliament) to his Creditors, and they shew them to the Col­lectors of the Dismes, the King is hereby discharged, and the Collecto s are charg'd, and the King cannot pardon the Collectors, or the Clergy which granted the Dismes. 1. Hen. 7.8. a. Brook Charter de pardon, 37. Nay so careful is the Law of the Subjects property in such case, that if af­ter a like grant of the Disms, the King should dye, yet the Collectors are chargeable to the King's Grantee and not to his Successor. 1. Hen. 7.8. a. per omnes Justitiaries, Brooke Quinzime 7. Fitzh. Quinzime. 2. Brook Talley d' Exchequer, 5.

Ob. Now if any man shall say to me. Sir you have abundantly prov'd the [Page]stopping of the Exchequer, to be an invasion of Property as to the Colle­ctor and Customer, and the like by the Common Law, but nothing at all as to the Banker or his Creditor, which was the position you undertook to maintain.

To this Objection, I give this plain Answer. That the stop of the Ex­chequer to the Collectors, Customers, &c. is by inevitable consequence a stop to the Bankers and their Crediors, (and so likewise their property viola­ted) because by this Obstruction the Collector, &c. is disabled to satisfy the Banker, and the Banker his Creditor, and that Creditor his Creditor, and so in an infinite rotation throughout the Kingdom: just as a wrongful dis­inheritance of the Grandfather, is an injury to the Father, and Son, and so to all their Line in succession to the worlds end. Or (because this is the Hinge of the case as to the Common Law, and I would make it plain) I will suppose twenty Mills to be built upon one River, each of them in sequence one below the other, a person comes and damms up this River, or diverts the current thereof into a new Channel; I do say that by this diversion or Ob­struction of the Stream the 20th Mill is injured as well as the first, because (if there were no Impediment) that water which comes to the first Mill would at the long run arrive to the twentieth.

In so plain a case I need not make any Application, or indeed use any farther Argument as to the Common law-part of this discourse. I shall therefore cite but one other case, and that a far stronger one then ours, and then discharge my self of this Section.

The Case is Mich. 1. Hen. 7. Fol. 3. b. and abridg'd by Fitzherbert Barr. 122. Touts les Justices fueront al White Fryers pur lour Fees, &c. (saith the Book) All the Judges were assembled at White Fryars to con­sult about the payment of their Salleries which were behind. And their Case was this. By a Statute made 18. Hen 6. it is Enacted that the Custo­mers shall pay the Judges their Salleries, out of the first Moneys arising out of the Customes of London. And then Richard the third grants License to certain Merchants to carry Wools, and to retain the Customs thereof in their own hands (which was as it were a little diminutive stopping of the Exchequer as to the Iudges in this Case) And the question was whether the Customers shall be chargeable to the Judges for those reteinments of the Merchants, and after mature debate, Resolved by them all, That the Customers were chargeable even for those recemments, though they ne­ver came to their hands; and in the end of that case, it is said, that the Judges design'd each of them to bring his Action against the Customers, which they perceiving, they forthwith agreed with the Judges to pay them their galleries.

Now any man that shall well consider this case will find the Reason thereof to be, because though the King had granted the Priveledge of re­teining the Customes to these Merchants, yet in contemplation of Law, the Customers did still actually receive those Customes, and so were chargea­ble to the Judges (like the case I put before of Hen. 7.8. a. where the King remitred the Dismes to the Collector, or Clergy) and the rather in this case, because this private License of the Kings shall not prevail over an act of Parhament, which had secured unto them their Salaries out of the Cu­stomes, which leads me to the next position which I have proposed to assert, which is.

SECT. 3. That by this Councel of stopping Payments in the Exche­quer, the Subjects Property is invaded against Statute-Law.

OUr Books tell us (and not without Reason) That the Parliament Est un Court de tresgrand honor & justice, Plowden 398. b Earle of Lei­cesters case. de que nul doyt imaginer chose dishonourable, is a Court of thrice great Honour, and Justice, of which no man may presume to think a dishonourable thing. And we can­not but suppose (saith the Lord Chance lour Fortescue) that Statute Laws carry with them no mean force as well as Wisdome. Dum non unius aut centum folum consultorum prudentia, sed plusquam trecentorum electorum, Fortescue de laudebus legum Angliae. ca. 8. &c. When they are the results not of the prudence of one or two or three hundred only of the Select men of the Kingdome, but of a far greater number. In this Orbe. the King like the Sun shines in the Exaltation of Majesty and grandeur, invironed by the illustrious members of both Hou­ses, and from the conjunction of this great and lesser lights, propitious and refreshing influences are derived to the whole Kingdome. Hobart 256. Duncombs case. 21 Hen. 7. a per Vavasor. The Acts of this Court are the highest securities this Nation can give, and such se­curityes that do in themselves comprehend the universal consent of all man­kind in this Realme, as well future as present.

I shall not here insist upon the Grand Charter, or upon any other Bul­works of propriety of that nature (though possibly pertinent enough to my purpose) but shall rather choose at present to apply my self to a Statute. Law of much fresher date and memory, and design'd for the Relief of this very particular case. And that is the Statute of 190 of his now Majesty, Chap. 12. which I shall recite (so far as it concerns my purpose) verbatim.

Whereas it hath been found by experience upon the late Act for Twelve hundred and fifty thousand pounds, made at Oxford, and other Acts of Parliament since that time, that the power of Assigning of Orders in the Ex­chequer upon those Acts, without Revocation, hath been of great use and advantage to the persons concerned in them, and to the Trade of this King­dome, and given great Credit to His Majesties Exchequer: Be it Ena­cted and it is hereby Enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, That every person or persons, Native or Forreigner, Bodies Politique or Corporate, to whom any Moneys shall be due in your Majesties Exchequer, and shall have any Order Registred in the Office of the Auditor of the Receipt, for the pay­ment thereof out of any branch of your Majesties Revenue; That such person or persons, Native or Forreigner, Bodies Politique, or Corporate, their Successors, Executors, Administrators or Assigns, respectively, by Endorsement of their Order, may Assign and transfer their Right, Title, Interest and Benefic of such Order, or any part thereof, to any other; which being notified in the Office of the Auditor of the Receipt aforesaid, and an Entry and Memorial thereof also made in the Book of Registry aforesaid for such Orders (which the Officers shall on request accordingly make) shall Entitle such Assignee, his Executors, Administrators and Assigns, or Suc­cessort respectively, to the benefit thereof, and payment thereon. Now it will be plain to any man that shall consider this Statute, that the Parliament doth therein admit an unquestionable duty of the Mony, to the Lenders in the Ex­chequer (for so are the words, Every person to whom any mony shal be due in your Majesties Exchequer &c.) and the makers of this Act, could never mean that nothing should be transferd to the Assignee: For indeed all the Powers of the Universe can never make me Donor of that which never ap­pertained to me, nor I never had in me to give, And therefore this money must first of necessity vest in my self in point of property, Nit dat quod non ha­bet before I can transfer it to another person, so then if this Law secure this money to my Assignee, a multo fortiori to my self. Now that this Statute secures this money to my Assignee, I shall prove by three unanswerable reasons (as I suppose) all drawn out of the Bowels of this very Law it self.

First, the Inducements of this Statute appear in the preamble thereof to be. Advantage to the persons concern'd. To the Trade of the Kingdome, and also great credit to the Exchequer. Therefore the makers of this Law could never design a transferring of the husk or shell only, that is of the Order or Paper, but even of the fruit it self, I mean the money in specie, for that is it which carryes the Advantage, the Trade, and the credit with it and not the Order or writings as many of us find by wofull Experi­ence.

Secondly, there is no man doubts but that the moneys lent upon the Oxford Act of 17. Car. 2. cap. 1. for 1250000 l. And upon the Pole-mo­ny, Bill 18. Car. 2. cap. 1. And upon the Act of 19. Car. 2. cap. 8. for 1256000 l. were unquestionably secured to the Assignees of the Lenders by those several Acts; why then I say that all moneys since that time Lent into the Exchequer, & charg'd upon any branch of the King's Revenue, are equal­ly secur'd to them by this Act, and that not only first because this Act in the preamble thereof refers expresly to those other Acts; But Secondly, (then which I think nothing can be plainer) because the moneys secured by this Act to the Assignees are secured with almost all the same numerical, iden­tical words, with which the moneys lent upon the three other Acts are se­cured: And this will be obvious to any person that shall curiously com­pare all these Acts together, to the which for brevity sake I am inforc't to refer my Reader.

Lastly, this Act declares in express terms that the Assignees of such Or­ders for money due in the Exchequer, their Executors Administrators and Assignes in infinitum shall be Entituled To the Benefit of such Orders, and Payment thereon, which words being so plain, that he that runs may read, and wrote as it were with a Beame of the Sun, I think there can be no place left for farther cavil or subterfuge in this matter.

I had almost forgot to observe that this Law (the King being therein concerned) is a general Act of Parliament, Cooks 4th. Rep. 77. a. Hollands Case. Plowd. Lord Barkley's case, ibid. Wim­bishes case. of the which not only the Judges, but even every individual Subject of this Kingdome ought to take knowledge of course; for as the inferiour Members (saith the Book) can­not estrange themselves from the actions and passions of the head, no more can any Subject be a stranger to the concernments of his Sovereign. This I would add to those Answers I gave before to the Objection, that this affair was private, and that few persons were concernd in the present Case of the Bankers and their Creditors, now I proceed.

SECT. 4. That this Counsel of stopping up the Exchequer, is expresly contrary to His Majesties gracious promises, and Decla­rations Printed and publish't by His own especial Com­mand.

MY design all along in this discourse being to discover the pestilence and mischief of this Councel, in relation as well to his Majesty as his people. I cannot with better advantage discharge my self of the Province I have undertaken in this Section, and manifest how unhandsomly his Ma­jesty hath been treated by this Adviser, then by considering a while the sanctimony of promises among Princes.

Nothing then I say is more sacred or tremendous among Princes then their publik Faiths and Declarations. This the Emperour Tiberius un­derstood well when he said Caeteris mortalibus in eo stant concilia quod sibi conducere putant, Tacit. Ann. lib. 4. principum vero, &c. Inferiour persons may order their Councels, as they best sort with their advantages, but the condition of Po­tentates is different, whose actions are principally to be directed to Fame and Glory. Cambden and Baker vita Eli­zab. Regina. And for this reason Q. Elizabeth in her private Letters to K James, was used to admonish him that a Prince must be such a lover of Truth, that more credit may be given to his bare Word, than to anothers Oath.

And we know that the man after God's own heart, and a King too, writes, He that promiseth to his Neighbour, and disappointeth him not, though it were to his own hindrance. Psal. 15.5. I do never without Admiration think of that great saying of Charles the 5th. Emperour, when he was prest to break his word with Luther, for his safe return from Wormes. Fides rerum promis­sarum (quoth he) etsi toto mundo exulet tamen apud imperatorem eam con­sistere oportet. Xenocarus vita Caroli 5. Though the faith of promises should be banisht out of the world, yet it ought alway to find Sanctuary in an Emperours breast. And to this virtue even Campanella the Jesuite doth vigorously advise Phil. the 2d. of Spain, Spanish Mo­narchy c. 27. for nothing saith he doth more effectually oblige the Sub­ject to the Prince then fidelity of promises. By this means (continues he) Alexander Farnese Duke of Parma, contain'd the Netherland in Obe­dience to Spain, Cicero 1 Of­fic. whereas the Duke of Alva by the contrary course lost them. And this will not seem strange to a man that shall consider, that sides (as Tully saith) est justicia fundamentum. Faith is the Foundation [Page]upon which Justice is built, Boterus de poli­tia. Lib. 2. c. 9. Justitia vero nulla esse potest (saith Boterus) nisi conventionum fuerit, & promissorum certa fides, ac necessaria solutio rerum creditarum. But there can be no Justice without performance of promises, and fair satisfaction of Debts. And this most of all in the case of Princes, De Repu. Lib. 1. cap. 8. Fortescue c. 37. for (as Bodine affirms) Cum summus Princeps mutuae fidei in­ter privatos ac Legum omnium ulicr & vindex est, quanto magis datam a se fidem ac promissa servare tenetur. For when a Prince is himself to avenge the violations of Faith and Lawes among his Subjects, how much more then ought he himself to observe his own Faith and Promises: And in this very point he voucheth there a judgement of the Parliament of Paris against Charles the 9th. of France, and a little after adds, Itaque in judi­ciis cum Fides principis agitur, &c. Therefore saith he, when the Faith of a Prince happens to be debated in Judicature, we are rather to consult the benefit of the Subject, and in such case to treat the Prince more se­verely.

And this indeed is no more then what the municipal Lawes of this King­dome warrant, which say, Cooks 11. Rep. Magdalen Col­ledge case. that the Grants of the King are to be Expoun­ded liberally, and withal imaginable favour to the Subject, for the Honour and Dignity of the King, as also that the King's Teste meipso is Recordum Suparlativum, a Record of the highest puissance and grandeur. I have the more largely here dilated upon this Subject, that I might with a grea­ter clearness disclose the Poyson of this Advice, it being so apparently con­trary to his Majesties most gracious Promises and Declarations Printed and promulgated by his own immediate Order, and particularly that of the 18th. of June 1667 (of the which several Copies then Printed were pre­serv'd by my self and others, as the highest Muniments and Securities for our Monies in the Bankers hands.)

This is stiled His Majesties Declaration to all his loving Subjects to pre­serve inviolably the Securities by him given for moneys, See this De­claration, in the end of this Treatise and the due course of payments thereon in the Receipt of the Exchequer. In this Declaration (about the middle) these very numerical wo [...]ds following are inserted. And that we will not upon any occasion whatsoever, permit or suffer any Alteration, Anticipation, or Interruption to be made of our said Subjects (that is, of the Bankers) Securities, but that they shall from time to time receive the moneys so secured unto them ( upon several branches of the Roy­ [...]l Revenue, and other late Acts of Parliament saith the preamble) in the same course and method, as they were charged and ought to be satisfied. Im­mediatly after follow these remarkable words, which Resolution we shall likewise hold firm and sacred in all Future Assignments and Securities to be by Ʋs granted upon any Other advance of money by any of our Subjects (note this is general) upon any Futute Occasion for Our service. And we cannot doubt upon the Publishing this Our Royal Word and Declaration of [Page]Our Sincere Intention, but that all reasonable persons will rest satisfied, &c.

Now I would fain know what more adaequate or preventive words could have been devised by the Wit or Providence of men and Angels to have sti­fled so great a calamity in the Birth.

Neither will it be an Observation perhaps altogether immaterial and im­pertinent, that in the very next Session of Parliament, viz. in the October immediately following the Statute of the 19th. of his now Majesty, cap. 12. (which I have before recited) was made, as it were in Buttress and support of this Royal Edict and Declaration.

These things standing thus as I have represented them, however the King's Honour and Justice (like a Rock of Diamonds) remains still im­penetrable, neither is his Sacred Majesty in this case any more to be accu­sed of the breaches of fidelity, then the chast Lucretia was guilty of in­continence, when wearied out and forc't by the Adulterer. St. Austin. Duo fuerunt (saith the holy Father) at unus commisit Adulterium. Two they were, and yet but one of them committed Adultery.

When Judge Thorp was condemned to death in Parliament for Bribery The reason of that judgement is given, Quia (saith the Record) predictus Willielmus Thorpe sacramentum domini Regis quod erga populum suum hae­buit custodiendum, Rōt. Parl. 24. Ed. 3. part. 3. Memb. 2. in Dorso. Et Fot. Parl. 25 Ed 3. Pars 10. memb. 17. maliciose false & rebelliter frēgit &c. Because the said William Thorp had broken the Kings Oath, it doth not say his own Oath, but the Kings Oath, that solemne and grand obligation, which is the secu­rity of the whole Kingdome, and the knot of the Diadem, so that as the Kings Oath may be broken by others, (his own unspotted honour and justice unviolated) so likewise may his Royal Faith and gracious promises as in our case.

SECT. 5. The grand Objection of necessity and National Danger supposing also our Fears to be at that time just) considered at large and Answe­red. That the Subjects property is not violable in this State, but by his own consent, in cases of far greater National danger then this was, proved by sundry Records and otherwise, the Rapines of Edw. the 1st. and 3d. upon the Subjects Moneys in Churches, &c. considred and answered. What courses the Law hath pro­vided for the preservation of the Kingdome, where the danger is instant and cannot stay for a Parliament.

I am now at length arrived to the grand Objection of this case, the vali­dity of which I am necessitated (though with reluctancy in my self) to consider, because if this Objection prove impregnable, the Councel of stopping the Exchequer may seem to be built upon a good, or at leastwise an exccusable foundation, and so in all that I have hitherto said, I shall seem to have trifled with and eluded my Reader. And herein (because I pretend not to any Arcanums of State) I shall handle this point by way of Ad­mittance, and shall suppose that the fears and jealousies which at the time of shutting the Exchequer did possess this State were just, and such as might well fall upon constant and deliberating mindes. The Objection then will run thus.

Ob. Ob. That our Neighbour Princes and States were making vast prepa­rations for War, that the Heavens about us were black and Cloudy, and where the storm might fall no man could Divine. That Necessitas est Lex temporis, Quae non habet Legem. That necessity and self preservation su­perintend all Lawes. That it is more eligible to lop off one member from the Body Politique, or at least wise to let an Arm, or perhaps a finger thereof blood, then that the whole should be endangered, &c.

Sol. Sol. The Objection I must confess is important and weighty, and will deserve a substantial Answer. In order thereunto I must in the first place mind my Reader that I have (as I suppose) by irrafregable Argument proved the property of the Subject in this case violated. I will then add, that it is a Fundamental Law of this Realm, that the Subjects propriety is not violable, no not in cases of National Danger, without his own free and voluntary consent, and that, First by the consent of his own individual [Page]person, or Secondly by that of his Representatives in Parliament, to whom [...]e hath delegate [...] his consent. To prove this I could produce in­finite Records of Parliament and other Courts, but (for brevities sake) shall content my self with some few, doing herein like one that chooseth 5 or [...] full eares of Wheat out of a select sheaf, who must necessarily leave behind him as good as he takes.

The first Record therefore that I shall insist upon, will be that memora­ble one of 14. Ed. 2. in a Writt of Error upon a judgement given in Dur­ham in Trespass by Heyburne against Keylow, for entring his house, brea­king his Chest, and taking away 70 l. in money upon a special verdict, the case was this.

The Scots had entred the Bishoprick with a formidable Army, making great burnings and spoil, Mich. 14. Fd. 2. B R. Rot. 60. the Commonalty of Durham (whereof the Plaintiff was one) apprehensive of the common danger, consulted toge­ther, and at length agreed to send their agents to compound with the Scots, for money to depart, and were all sworn (the Plaintiff being one) to per­form such composition, and also what Ordinance should be made in that behalt, thereupon they compounded with the Scots for 1600 Marks, but because this Money was to be paid without the least delay, they all con­sented that Keylow the Defendant and others, should go into every mans house, to search for ready Money, to make up the said summe, and that it should be repayd by the same Commonalty, and thereupon the Defen­dant entred the Plaintiffs house, and took the said 70 l, which was paid to­ward that Fine. The Jury were demanded whether the Plaintiff was pre­sent and consented to the taking of the Money, they said no. Whereupon the Plaintiff had Judgement to recover the 70 l. upon this Judgement the Defendant brings his Writt of Error in the Kings Bench, and assigns er­rour in point of Law, and there the Judgement was reverst, because Hey­burn (whose Money it was) had agreed to this Ordinance, and was sworn to perform it, and Keylow had done nothing but by the express consent of Heyburn, and therefore was no Trespassor, and that Heyburn had no other remedy for his Money, but against the Commonalty of Durham. By which it appeareth, that if the owner of the money had not particularly concented, such Ordinance could not have bound him, and yet this was in a case of imminent danger, and for publique defence.

The next is a Record of the Parliament of 20 Ri. 2. some little time be­fore this Session, Rot. Parl. 2. Fi. 2. pars 1. [...]. the French had actually invaded this Realm, they had burnt Portsmouth, Dertmouth, Plymouth, Rye and Hastings, they had possest themselves of the Isle of Wight, beseiged Winchelsy, and at length entring the Thames with their victorious Fleet, came up to Graves end, and burnt most part of that Town, and (which was yet worse) in the North, the Scots had burnt Roxborough, and were ready to over run all the North [Page]of England, the Realme being thus beset both by Sea and Land with the united puissance of two mighty Kingdomes, and like a Candle burning at both ends, the publique Treasure also exhaust; a great Councel was forthwith call'd of the Prelacy, Baronage, and other great men, and Sages (or Judg­es) of the Nation, to consult about these difficulties, they came at length to a final resolution, the which Scroop, then Lord Chancellour, delivered to all the Lords in the ensuing Parliament, which (as the Roll above quo­ted saith) was thus. That unce the last Parliament, the said Councel met, and considering the great danger the Kingdome was in, and how money might be raised for the Common Defence, which could not wait the delay of a Parliament, and how the Kings Coffers had not sufficient in them, they all concluded that money could not be had for such defence, without lay­ing a charge upon the Commonalty, and that such charge could not be im­posed without a Parliament; and the Lords thereupon supplyed the pre­sent necessity with their own money, and advised a Parliament for farther supply, and Repayment of themselves, which was accordingly done.

I think no man will pretend that our late danger (to say no more) was greater than this; and yet because there was no other course in those times thought lawful for the raising Treasure upon the Subjects Goods then by their own ascent in Parliament, only that course was then thought fittest to be practised, which was such as ought to be obeyed.

The next Record is the Statute of 31. Hen. 8. cap. 8. some years be­fore, this King had dissolved the lesser, Old booke of Statutes 31. He. 8. cap. 8. and in the year of this Statute the greater Monasteries; which being a new precedent made a great noise, and the event thereof was apprehended with terrour and amazement all over the Christian world, this administred secret seeds of discontent to ma­ny of the people, which after broke out into open Rebellions (as our Chronicles declare) in several parts of the Kingdome; this King (though standing as much upon his praerogative as any of his Predecessors) to provide against the like suddain eruptions of this Torrent, which would not stay for Parliaments, procures a Statute to be made, that the King for the time being, with the Advice of his Councel, two Bishops, two chief Justices, and divers others, might by His Proclamation, make Ordinances for punishing offences, and imposing penalties, which should have the force of a Law, but with this proviso [that thereby no mans life, or property, Lands or Goods should be toucht or impeacht] so then though the Roy­al Power was thus corroborated by this Statute, yet the Parliament took care, that no mans Life or Property should be ravisht from him. How­ever notwithstanding the said Restriction, this Statute was thought incon­venient, and thereupon repealed soon after, in 1. Ed. 6. cap. 12.

This Kingdome never laboured under a juster fear then in the Year 88. when it was assaild by that invincible Armada, or Sea-Gyant (as the Lord [Page] Bacon His War with Spain. calls it) and yet every mans Right was then preserved inviola­ble. Nay the Queen was so tender in that particular, that (as our Histo­rians say) She gave Express Order that not so much as an Ear of Corn should be burnt, Cambden in vita Elizab. 1588. or other Goods of her Subjects devastated, until the E­nemy had actually Landed, and was even upon the very point of possessing the [...] himself. And therefore where the case of 8. Ed. 4. of plucking down the Suburbs of a City without the consent of the owners, in time of War, is Law, 8. Ed. 4. it must be understood of an actual Invasion of the Enemy, when the danger is in potentia proxima, and the Fire ready to take. And this manifestly appears by the Record of 11. Edw. 2. where the Mayor and Citizens of Dublin puld down the Suburbs of that City, Claus 11. Ed 2. Memb. 19 Dorso pro ma­jore & civibus Dublin. but it was (saith the Record) Super imminentem hostilem irruptionem scottorum inimicorum infra Hiberniam, & pro salvatione Civitatis praedictae, & ne dictis ini­micis ad Civitatem praedictam facilior pateret ingressus &c. And yet this Corporation neither would not trust to this point of Law, but for their better security procured the King's Pardon, which yet was cautiously e­nough drawn, for it was Pardonamus eis & euilibet de communitate Civi­tatis praedictae id quod ad nos pertinet de prostratione praedicta, &c. We Pardon as much as in us lies, &c. as appears by Pat. de anno 12. Edw. 2. Memb. 30. intus de pardonacione pro majore & Civibus Dublin.

And so of the case of Gravesend Barge. Mich. 6. Ja­cobe Cokes. 12. Rep. 63. If the Ferry-man may justify to throw my Goods over-board to lighten the Vessel, it must be upon an instant Tempest, and inevitable peril; but if the Ferry-man shall say, I see a Cloud yonder my Masters, its like to be a great storm, and thereupon shall throw them over, I doubt that is not at all justifiable in Law.

I shall now draw nearer our own times, Cokes 3d Inst. 3. and present you with a Trium­virate of precedents (to say nothing of the Petition of Right) in one and the self same Parliament (no less then that which attain'd the name of Par­liamen um Benedictum) I mean that of 3. Caroli primi.

First the Judgement of the two Houses in that Parliament in Dr. Man­warings case, Rushw Hist. Collect. 3. Carol who was sentenc'd by them principally for declaring in a Sermon (which he afterwards Printed) that the King in Cases of immi­nent danger to the Kingdome, might without Parliament Levy Money up­on the Subject. There were other collateral charges against him its true, but this was the principal, Journal of both Houses. and to this he chiefly applyed his Defence, and would have excused this Assertion by limiting it only to Cases of Natio­nal Extremity, but that would not serve his turn, he himself submitting, and the Sentence afterwards affirmed by the Kings Proclamation for sup­pressing the Book.

The second is the Commission for Loane, Rushw. Hist. Collect 3. Caroli to carry on the War for the Palatinate, in which was suggested the safety and very subsistance of the King, People, and Religion to be in instant danger, that his Majestie's [Page]Coffers were exhausted, that the supply could not stay for a Parliament, that the King upon his Accession to the Crown, found himself ingaged in this War, and that by advice in Parliament (which I think may deserve some remark) and only lending a little Money for prevention required, Now I would fain know what suggestions could have possibly been more substantial or persuasive, But because this course was compulsary, and without consent, these Commissions in the same Parliament were re­solved to be illegal, and so consented to be by his Majesty, Poultons Sta­tutes 3. Car. 1. cap, 1. and so decla­red a little after in the same Parliament in the Petition of Right.

The third is the Commission of Excise issued to 33. Rushw. Hist. collect. 30. Car. Lords and others of the Privy Councel in which they are commanded to raise Moneys by im­positions or otherwise, as in their judgements they shall find to be most convenient. The Suggestions here, were for the most part the same with those in the above mentioned Commission of Loane, and yet adjudged by both Houses contrary to Law; and the Lords desired his Majesty that this Commission of Excise might be canceld, and shortly after it was canceld by the King, and thereupon brought so canceld into the Lords House by the Lord Keeper, and by the Lords so sent to the Commons.

In the last place I shall cite the Statute of 17. Car. 1. cap. 14. For the Reversal of the Judgement in the case of the Ship-writs, I am not willing (as well of brevity as other reasons) to recite this Statute at large, but I dare engage that no man shall read that Law, but will say it is a most di­rect Judgement in the point against the violation of propriety in case of National danger. If any man however, shall for reasons best known to himself, Arraign or Calumniate this Act of Parliament, I shall say no more then this. If it be Law, why may I not vouch it? If it be not, why is it not Repeald? why doth it still cumber our Statute Books?

I am heartily sorry to have had so invincible an occasion administred to me here, of disturbing the Rest of these sleeping Muniments of propriety; but this presumption also must be added to the black train of those Cala­mities which follow this pernicious Councel. It is but natural to man­kind to bring in what Arguments they can to preserve their undoubted Rights, Juvenal Saty. 3. versus 152. especially when irritated by that unhappy Thing which renders men not only miserable, but (as the Poet saith) Ridicule and contemn'd. Neither have I here (I hope) invaded the just Regalities of his Sacred Ma­lesty (for which no person hath an higher veneration then my self) but ra­ther confirm'd them. 1. Resusuta [...]i. fol. 65. For (as Sir Francis Bacon then Atturney General said) whilst the Praerogative runs within its ancient and proper Banks, the main Channel thereof is so much the stronger, for Overflowes (he adds) evermore hurt the River. Guilme Jermyes Commentary on the Customier of Normandy.

If any man after all this Evidence be yet unsatisfyed in this point, I will send him to France (for I would rather find a President there) and advise [Page]him to consider the case of Normandy. That Dutchy had be [...] some time rak'd with Exactions contrary to their Franchise and Customes, and thereupon complain to Lewis the 10th. the then French King, he by his Charter in the year 1314. recognizing the Right & Priveledges of these peo­ple, and the injustice of their Grievances, grants that from that time for­ward, they shall be discharged from all Subsidies and Impositions to be laid upon them by him or his Successors, yet with this deadly sting in the tail of all [Si necessitie grand ne le requiret, Ʋnless in cases of great ne­cessity] which Minute and almost insensible exception we see hath eaten up (upon the matter) all their immunities, Comines Hist. of France, Lib. 13. Fortescue cap. 35. for though these States do annually assemble, yet their Conve [...]tion is little better then the carkass of a Parlia­ment, and they are become but the necessary Executioners of the Royal pleasure.

Obj. Ay, but did not our Ed. 1. and Edw. 3. do greater things then stopping the Exchequer? are not our Chronicles full, of their breaking even into the Churches and Abbies, and ravishing the Treasure of the Subject for Sup­ply of their Warrs.

Admitting this Allegation to be true, I Answer.

Sol. First, we discourse not here what hath been done, de facto, but what may be done de Jure. And to counterballance these, we may put other Princes of this Realm of a contrary complexion into the other Scale.

Edward the Confessor restored the Danegeld Money (a grievous Taxe formerly in use here) to the persons from whom it was exacted, Polydore Virgil. Riba [...]ra Cop­grave Surius. it seem­ing to him (as no mean Authors write) that he saw the Devil danceing and triumphing upon that vast heap of Treasure, when he was conducted by his Officers to view the same. And (by the way) this Act of singular piety he did, S [...]lden's Mare clausum, Lib 2 Spi [...]m Glossary title Danegueld when his people laboured under a dreadful Famine.

King Henry the Second (say our Chronicles) maintain'd great Wars, and obtaind a larger Dominion then pertain'd at any other time to this Realm of England, and notwithstanding never demanded Subsidy of his Subjects; Speed, Baker, Haywards Hen 4.1. part p. 56 and yet his Treasure after his death was found to be, Nine hundred thousand pounds beside, his Jewels and Plate. Certainly a pro­digious summe in those dayes!

It is notorious also that Queen Mary did by her Letters Patents, of her meer Grace and great Clemency for the succour and relief of her loving Subjects (saith that Record) pardon and remit a whole Subsid [...] given by them to her Predecessor, Old Statutes 1 Maria sessio 2. cap. 17. which release was afterward confirm'd by Parlia­ment. And Queen Elisabeth also remitted one Subsidy of four granted to her saying, Cambden vita Elizabeth [...]. It w [...] all one toher, whether the Money were in Her Subjects Coffers or her own

Secondly these Depredations begot many good Lawes for the firmer [Page]munition of property for future time, and particularly this violence of Edw. 1. was executed in the 25th. year of his Reign, and in that very year (and not in 340 as our Printed Statute Books say) was made the Statute de Tallagio non concedendo, De Repub. lib. 1. cap. 8. with which the English defend themselves (faith Bodine) quasi Clypeo, as with a Buckler against their Prince.

Thirdly, this King (as our Chronicles affirm) layd this outrage much to heart, and that before his Royal Pallace at Westminster, invironed with infinite numbers of his people, thither by him purposely summoned, and being rais'd upon an Ascent or Pedestal, the better to be heard and seen, Lib. 3. cap. 9. columna 2510. the Prince, Arch-Bishop of Canterbury and the Earl of Warwick also standing with him. Rogavit populum accepta licentia (saith Knighton) ut omnia condonaretur ei, & orarent pro eo. He earnestly intreated the people that they would forgive him, and pray for him. And Matthew Westminster goes yet farther Kex erumpentibus lacrymis (saith he) veniam de com­missis humillime postulavit. The King bursting forth into Tears, Math. West­minster. pag. 409. 410. did most humbly aske pardon for what he had done (a passionate transport of a Prince that before that time had rendred himself redout table among the Saracens as well as the French, and that had triumpht over Scotland and Wales!) And after he had excused himself to them, with all the sweet­ness of Expression adds. Et omnia oblata reddam vobis. Math. Westm. ibid. And I will restore all that I have forct from you And in pursuance of this promise forth­with makes an Bundelae Bre­vium de priva­to Sigillo in Turre London. Anno 25. Ed. 1. & pat. 26 Ed. 1. Mem. 21. Ordination of Councel (which have seen in French, and can produce the Copy) to issue forth Commissions of Oyer and Terminer, into all the Counties of England, to enquire what things had been forci­bly taken by his Officers, out of the Churches or else where, from the Clergy or Laytye, either to guard the Seas, or for any other purpose, with Warrants or without, during his Wars with France, and to deter­mine those matters. Et et qu serra pris, seit returne a ceaux, qe le damage ont receu (saith the Record) And that those things that were forct away might be return'd to them that had receiv'd the damage, and to punish the parties offending, which Pat. 26. Ed. 1. Memb. 21. inquirendo super grava­minibus popu lo Regnifacti &c. Commissions were accordingly executed (ma­ny of which I have seen, and can produce the Copies) in which are con­tained many excellent particulars, too long here to be recited. And for those small Remainders of Moneys which hapned not to be restored or sa­tisfied by vertue of those Commissions, they were two or three years af­ter recovered in the very ordinary Courts of Justice, to prove which (among many others) I will eite this one Record. Coia. Pa. 29. Edw. 1. Rot. 18. The King pro urgentissimis Regni negotiis, & pro defentione totius Regni (saith the Record) had seized divers summes of money in all the Abbies, Cathedrals, and Religious Houses within the Realm, & (quo citius commode poterit) promised repayment: In the Parliament of 29 Edw. 1. at Lincoln the King is Petitioned for repayment, who promiseth payment. [Page]Ita quod Regis conscientia super hoc exoneretur, and there, and Rot. 19. Divers summes are adjudged to be repaid. Again it is not at all probable this Prince would be negligent in paying his own, that was so just in sa­tisfying his Fathers Debts (as we find by our Records) so that upon the whole matter, Pot. 4. Ed. 1. Memb. 19. intut notwithstanding this Objection; I think we may concurr well enough with Sir William Herle Ch. Justice of the Common Pleas, who in 5. of Edw. 3. saith of this Ed. 1, Pasch. 5. Ed 3 casus 5. (in whose time he lived) Que fuit pluis sage Roy que unques fuit. That he was one of the wisest Kings that ever was in the World.

For Ed. 3. his Rapines likewise produc't very benificial Lawes to the Subject, as will be manifest to any man that shall peruse the Statutes of that time. Fot. Alminiae 12. Ed. 3 Mem. 22 in Dorso De excusando R [...]ge populam versut. They were actions which he never justified, but excused alway with singular Resentments. As appears by his Letter (extant upon Record) to John Stratford then Arch-bishop of Canterbury, in the which he re­counts the Tallages and Exactions with which he had burdened his peo­ple which (be faith) he could not mention without inexpressible grief of mind, and there excuseth himself upon the inevitable necessity of his warrs, and desires the Arch-bishop to satisfy the people, and to stir them up to pray for him, hoping ere long he should make them compensation, and give them comfort.

Ob. There remains yet one Objection with which I am infore't to encounter, se defendendo, because I perceive it ready to assail me. And that is, that the Parliament is a great Body, (I speak it with all due reverence) and moves slowly, and therefore if the Law allow not some other course (as this of stopping the Exchequer or the like) in raising money in case of suddain Danger, the Kingdome may be lost before the Parliament can supply.

Sol. To this I answer, That all Warrs are either Offensive or Defensive. If it be Offensive, it cannot be suddain, for it is the King's own Act, and the result of mature deliberation; and so their may be time enough to call a Parliament, if it stand with his Sacred Majestie's good will and pleasure. If it be a Defensive War by Forreign invasion, which I shall (to avoid Ca­vil) agree may be suddain (though a great Statesman tells us, Comines fol. 79. that these Clouds are commonly visible afar off before the Tempest fall) I say if by Forreign Invasion, then first the impulse of self-preservation (an indelible Character wrote on every man's mind by the very band of Nature) will dispose all Mankind to expose their Lives and Estates, which otherwise they must inevitably lose. And this seems to be the case of this Kingdome in the Year 88. [...]ambden vi­ [...] Eliza. for there was then no Parliament sitting, but many of the Worthies of that time, (some of whose names are transmitted to Posteri­ty) at their own private charges, brought in men and Ships to the Com­mon Defence.

But Secondly, if we are to suppose that men must be drag'd and haled to their own preservation; I say then the Law hath provided, that in case [Page]of Forreign invasion, every Subject within the Land, high or low, whether he hold of the King or not, may be compel'd at his own charge, to serve the King in person. To prove this I can vouch Authorities from Common Law. Statutes and Records which for brevity I will not quote at large, but (least any man should doubt hereof) will only point where they may be found.

Common Law, see 7. H. 4. Brook Tenures 44. & 73. Fitch. Protection 100. Coke 7. Re. 7. b. Calvins case. 2 Rolls Title Imposition 165. &c. 1 Inst. 69. b. in fine.

For Statute Laws see (among many others) 1. Ed. 3. cap. 5.11. H. 7. cap. 1.11. H. 7. cap. 18. &c.

For Records (among many others that I have seen) I will crave leave to vouch two.

The First is 14. Johannis Regis, Math. Paris 223. Matth. Westm. 92. where upon an imminent French in­vasion, King John issues our Writts, in which he summons all his Subjects, high and low to repair forthwith to Dover. Ad defendendum caput no­strum (saith the Record) & capita suae, & quod nullue remaneat qui Ar­ma portare possit sub nomine Base Cowardise or Turwail so the glossaries Culvertagij, & perpetuae servitutis &c.

The other is upon a French invasion too, design'd against this King­dome in 26. Ed. 3. the which being a Record so apposite to my purpose I shall recite somewhat more at large. Rot. Franciae Anno 26. Ed. 3. Memb. 5.

Rex dilecto consanguineo & fideli suo Henrico Duci Lancastriae salu­tem. Quia Adversarij nostri Franciae nos & Regnum nostrum Angliae in­vadere machinantes, ad nos & Dominium nostrum, & totam nationem Anglicanam pro viribus destruend. Nos considerantes omnes Incolas dicti Regni cujuscunque conditionis extiterint, cum versetur commune pericu­lum teneri de jure pro patriâ pugnare, & eam contrae hostiles aggressus de­fensare. —vobis mandamus quod omnes homines defensabiles tam milites & Armigeros quam alios quoscun (que) de dictō ducatu cujuscun (que) status seu conditionis fuerint arraiari, & quemlibet eorum iuxta statum & faculates suas, Equitaturis & Armit competentib us muniri &c.

I shall conclude this Section with a case of very recent Memory, and of singular Notoriety throughout the whole Kingdome, I mean that of the Conflagration of our Ships by the Dutch not many years past in the River of Chatham. There prevail'd at that time an universal jealoufy among the people that upon this occasion some suddain stop might be put upon the Exchequer, and thereupon the Bankers were exercised with restless soli­citations for the speedy payment of their Debts. The King for the sedati­on of these Fears and apprehensions, See the De­claration at the end of this Treatise. is advised (and not without infinite prudence) to issue forthwith his Declaration to preserve inviolable the course of payments in the Exchequer, which was accordingly done. Now [...] see what were the grounds of this Declaration. Why truly they are exprest there to be. First, Least the Credit of the Bankers (who had been so useful to the King) might be weakned. Secondly, Least the King's Securities might be undervalued. Lastly, Least in consequence the publick [Page]Safety might be endangered. Now all that I shall say is this. That (of what valew in reason of State it may be, I know not, but) to men of vul­gar Negotiation it seems a Riddle and matter inextricable, that these con­siderations which at that time appeard to have been of so politique and va­luable Regard, within the space of two or three years, upon a like oc­casion, should be thought by this Advisor clearly Obsolete, and altoge­ther void of Prudence; And the Credits of the Exchequer, Royal securi­ties, and the publique safety so little by him consulted. Idem manens idem, semper facit idem.

I have at length discharg'd my self of this grand and Colossus Objection, in how tolerable measure I must leave to the Candor of my intelligent Reader; But if it happen that I have herein given a substantial and effective answer thereunto, I dare say this pernicious Councel hath then no far­ther support, but must of necessity fall to the ground.

However I am to enter my Protestation, that I would gladly have de­clin'd so sublime and important an Argument, if the nature of this discourse had not (much against my own inclination) compeld me to the con­trary.

SECT. 6.
That this Councel is contrary to the Policies that have been practised heretofore by the wisest Forreign States of the World, in far greater Ex­igencies then ours. The Objection (of Princes not repaying money lent them by their Subjects to keep them in better Obedience) Answered. The inconvenience that hapned at Rome upon an Impeachement of the Bankers and Usurers. That persons concerned here in the Stop of the Exchequer, will be losers by loss of opportunities for bargains, &c. in this interval.

ALL men agree that Rome (whether Monarchical or Republique) was a State founded upon the choicest Polities that ever were practised in the world. In proemio ad Histori­am. And (as Florus saith) he that reads their Atcheivements con­templates not the Gests and Actions of one single people, but even of all mankind. Let us then consider, what expedients this so prudent a Nation exercised in cases of like nature.

It is plain this State was never under a streighter duress or pinch then after their dismal defeat at the Battail of Cannae, for then had Hanibal [Page]broke into Italy like a Deluge of the Sea, bearing down all before him, and at length this Tempest of War had begirt the very walls even of Rome, with his triumphant Army, and which was yet worse, the Roman Trea­sury was totally exhaust.

In this Extremity Levinus and Marcellus the Consulls declare forth­with by Edict, That each private person of such an Estate (and so others proportionably) should furnish out a Souldier at their own charge for thirty dayes. Ad id-edictum (saith Livy) Tantus fremitus hominum, Livii. Lib. 26. tanta (que) indignatio fuit, ut magis Dux quam materia seditionis, deesset. Upon this Edict so hot was the rage and petulancy of the people, that there wanted nothing but a Leader, to have put all into a cumbustion: The Com­monalty crying out that they had now for many years been loaded with Tributes that their Lands lay fresh and devastated, and that they could not by any force be compel'd to give that, which they had not to give: And this and much more they spake, not in corners, but even in the Mar­ket-place, and in the hearing of the very Consuls themselves. In so great an Agony of the Body Politique, the Lords of the Senate Assembled, to consult how they might with more security Levy Money, and string them­selves a fresh with new Sinews of War; after many temerarious courses proposed and rejected, Livii lib. 26. Flori lib. 2. they thus reasoned (as Livy and Florus relate) amongst themselves. Omne aurum (say they) Argentum Aes signatum ad Triumviros Mensarios deferamus, nullo ante senatûs consulto facto, ut vo­luntaria oblatio, &c. Let us our selves that be Senators first bring into the publique Treasury all our Gold Silver and Money, and this too with­out any formal Decree, that so this voluntary Oblation of ours may excite an emulation of supplying the Common-wealth, first in those of the Equestrian Order, and then of the Commonalty; In pursuance of this proposal, the Lords of the Senate brought in all their Treasure according­ly: Now see what the consequence hereof was. Livii lib. 26. Flori. Lib. 2. Hereupon (say the same Historians) the Knights and Gentlemen followed the example of the Se­nators, and the Commoners that of the Knights and Gentlemen; And the Contributions were so large, and the Conflicts so sharpe for priority of registring names, that the Exchequer had hardly Books and Clarkes e­nough to enter the particulars. Bodin de Re­pub. lib. 6. ca. 2d Aerario. Bodine commenting upon this prosperous Councel, hath these very words. Cum Annibal Italiam quateret, ur­bemque ipsam obsideret, Senatus diruto aerario nova tributa subditis aut sociis imperari noluir. Nihilenim prementibus hostibus tam periculosum. When Hannibal had made Italy to tremble, and had besieged Rome it self, the Senate, though the publique Treasure were spent, would not impose new Tributes upon their Subjects and Colleagues; For nothing (saith he) can be more hazardous upon an instant impression of an Enemy. Neither is it to be forgotten, that the same Historians add, that partā victoriā &c. [Page]That after Victory obtain'd, Livii Lib. 26. & Lib. 31. Boden Lib. 6. cap. 2. and the Carthaginians discomfited, the Se­nate had decreed the Repayment of every Lenders Money justly and ho­nourably, which was Executed accordingly.

The Learned Bo [...]erus Relates a Story very apposite to this purpose. La­dislaus Dux Neopolitanus victus (saith he) fugatus (que) ab hoste, Boterus de politia Illu­sterium &c. Lib. 7. ca. 3. &c. La­dislaus Duke of Naples being vanquisht of the Enemy, flies to Naples, and there consults about raising Money for the reinforcing of his Army, and had resolved (by the Advice of persons more factious then wise, faith that Author) to effect this by imposition of new and unusuall Taxes, this being intimated to one Gorellus (a person of singular Prudence and Gravi­ty) he forthwith repairs to the D [...]ke, and bespeaks him after this man­ner, I am afraid (GREAT SIR) that whilst you are solicitous of re­pelling the Enemy, you take no care of falling into the hatred and Malevo­lence of your own Subjects, by this imposition of a new Tribute: I beseech you Sir, what can your greatest Enemies breath after with a warmer zeal then that you should follow a Councel, that will assuredly dispotle you of the Love and fidelity of your people. Banish then GREAT SIR, out of your Royal Breast so pernicious a determination; for that money which you want, my self with some other of your servants (who are to run the same Risques of Fortune with your Majesty) will presently supply you; And taking a Pen in his hand, he put down what each person (himself princi­pally) was to pay, and the Money was in a moment brought in, Pruden­tissimum sane prore & tempore, &c. saith Boterus. A most prudent Coun­cel for the matter and occasion, given by Gorellus, and approved by the Duke, by which (saith he) the wiles of the Enemy were prevented, and the popular quiet and contentment consulted.

Now because contraries appear best by opposition, I will produce one instance a little diverse from this. Augustus Caesar had suddain news brought him of a vast Army in the raising by Mark Antony to encounter with him; The Prize to be sought for was no less then the Empire of the World. Augustus (being young, and instigated by evil Councel) squee­ses the people with Taxes towards the surport of this War. The people hereupon began to Mutiny, Invita An­tonii. insomuch that (as Plutarch Reports) the wi­sest men of that time took it for granted, that if Antony in this conjuncture had approacht nearer with his Army, the Romans would have assuredly revolted, and delivered up Caesar into the hands of his Enemy. But (as he saith) the imprudent delaies of Antony gave time to the people of con­cocting their discontents, and of the sedation of their Passions; neither is it to be neglected that this Illustrious person, after the defeat of Antony, and his own access to the Empire, took such warning by this hazzardous mistake, that ever after he abandoned all Councels of this Nature. And unto that degree that in the last twenty years of his Reign, he laid out up­on [Page]the Publique Benefits and Emoluments of the Common-wealth (as Seutonius writes) little less then Quater decies Millies See for this valuation Bu­daens de Asse. Hackwel's A­pology and Savil's notes on Tacitus Histo­ry, Lib. 1 c. 6. sestcrtium, vita Octavii cap. Ultimo. That is, Eleven Millions, Eighty thousand five hundred thirty three pounds six shillings eight pence Sterling: Befides his two paternal patrimonies, and other his Inheritances. Others report, thirty five Millions of Gold, be­sides the two aforesaid patrimonies.

Obj. Many other examples of like naturel could produce out of History and Policy, which yet (for brevity sake) I forbear to do, and hasten to an­swer an objection, viz. That (as certain Authors affirm) some Princes have by great Ʋsuries Decoyed vast summes of their Subjects Moneys into their Exchequers, and forborn afterwards to repay them, Life of Augu­stus bound up with Plutarche Lives. on purpose to oblige their people to a stricter Obedience and fidelity to the Crown, And this Artifice (as Bodine Reports) was recommended as a subtle project to the French Kings, and accordingly practised by them.

Sol. I shall answer this Objection in the very words of the same Bodine, De repub. lib. 6. cap. 2. in an other place. Hee quidem tolerabilia viderentur (saith he) Si quod Regibus nostris persuasum erat, Civitates, obsequie & fide majore, accep­tis mutuo pecuniis, devincire potuissent, sed nullis temporibus graviores in Gallia tumultus, aut plures Civitatum defectiones, extiterunt. These Councels had been tollerable (saith he) if as these State-Mountebanks would perswade our Kings, the people by this deteiner of their Money would have been conteind in better Obedience, but alass, there were never more dangerous Tumults in France, or more frequent Revolts of Cities known, then in those very times. Essayes.

All States have tollerated Ʋsuries in one kind or Rate or other, And it is impossible (saith the Lord Bacon) to conceive the inconveniencies that will ensue not only to Merchants but all other persons if the borrowing of Mo­neys should be cramp'd and discouraged: Therefore consideration for Mo­neys lent bath been entertaind (as the Scripture saith) of the Judaical Divorces) for the Hardness of mens hearts. And the Endeavours of a­bolishing thereof have proved sometimes inconvenient and dangerous to the States where it hath been attempted; Annalium l. 6. To prove which I shall produce but one Example reported by Cornelius Tacitus, who tells us, that in the Reign of Tiberius Caesar. Magna vis accusatorum in eos irrupit qui pecunias saenore auctitabant, &c. That a great Rabble of Informers rose up against those persons which took excessive Ʋsury, and thereupon every man cal­ling in his Debts, on a suddain ensued a great want and scarcity of money, and an universal discontent, and the aspect of affairs seem d not very propitious, which being perceived by that prudent Empero [...]r, he forthwith caus'd an hundred Million of l. [...] s d. 791466 13.4. sterling. Sesterces of his own to be put into the Bank to be lent to all men that had occasion for three years without interest, and thereupon all things-became calm and sedate again.

Lastly, though the Exchoquer here be again opened (as in good time I hope it will) yet the persons therein concern'd will notwithstanding sustain infinite damage, in point of irreparable loss of those opportunityes of ad­vantagious Bargains, Marriages, and sundry other particulars, which in this interval save been offered unto them.

SECT. 7.
That this Councel is contrary to the Common Reason of Mankind, and in some respects against the Rules of humanity. That it is per­nicious to the credit of his Majesties Exchequer. The case be­tween Phillip the Second of Spain, and the Banker of Genoa, truly stated, and demonstrated to be essentially different from our case. Campanella's Advice to King Phillip to make speedy payment of that Debt.

IT is a Rule that hath prevail'd among all Nations (as well Barbarous as Civil) That Quod Omnes tangit ab omnibus debet supportari. And a­gain. Qui sentit commodum, sentire debet & onus. Where the utility and peril is common, there the charge and contribution ought to be common also. But I doubt if this Councel happen to be weighed in this Ballance it will prove light, for as it is plain that the Defence of the Kingdome was an utility to the whole, so it is as evident that the charge thereof was fast­ned upon a Part. What is this but as if the States of Holland should im­pose the expense of defending their Countrey from the Sea, upon a parcel of their people? Or (if we may compare great things with small) as if the Banks and Walls of the great Level of the Fenns, should be maintained by a small number of the Proprietors? And yet this seems to be the present case, and how far this proceeding is contrary to the common Reason of Mankind. I leave to the world to judge.

But this is not all neither, For this charge is not laid only upon a Part, but in great measure upon the most impotent and necessitous part of the Kingdome, and upon many of those glorious Worthies which maugre all the Temptations and menaces of wicked men preserved their Virgin Loyalty chast and undeslowred.

I have observed that some persons in Parliaments have used it as a motive to supply our Kings with Money, because say they, that which you give, [Page]is but like a vapour exhaled by the Sun, which gathereth into a cloud, and in short time distils again upon the Earth in gentle dews, and fructify­ing showres. But this Advice, what was it but to draw up the Tears of Orphans and Widdowes, the milk of helpless Babes, the sweat of the La­bourers brow, and the heart blood of several poor Loyallists, (among others) to fertilitate the Lands of many persons which (not to say worse) wallow in all Afluence and Riches? Amos 3.12. compar'd with 2 Sam. 12.2. Or (if I may use a Scripture Metaphor) to take two Leggs, or a piece of an Ear of a Lambe, which we had rescued out of the Jaws of the Cromwel Sequestrators, Committee mens decimators, &c Lyon, and give it to the Rich men that have many Flocks &. Herds. For nothing is more evident, then that many of those wretched person; that had but one hundred pound in all the world, had that All taken from them towards the Defence of the Kingdome, when many others that were worth hundred thousands, expended not a farthing at that time. And now what I shall say more— Pudet haec opprobia nobis ‘Et dici potuisse & non potuisse refelli.’

Now for the Influences this Councel may have upon his Majesties Ex­chequer, in all likelyhood they cannot prove very propitious and benigne. Few things have been more dear to Princes then the Reputation and Glory of their Exchequers, And Queen Elizabeth wars so punctual in this par­ticular, that in her time (they say) it went for a Proverb. As sure as Checke. Lord Herberts H. 8. For (as a great Authour Writes) Outward esteem and Reputa­tion is the same to great persons and Things, which the Skin is to the Fruit, which though it is but a slight and delicate cover, yet without it the Fruit will be subject to discolour and Rot. He that hath a mind to contemplate the Consequences of a discredited Treasury let him but consider the Cases of Henry the second of France, Reported by Bodine, Bodine Lib 2. cap 4 in fine, Lord Herberts Hen 8. last leaf but one. and of our King Henry the 8th. by the Lord Herbert (for I would rather they should de­clare them then I) And I am afraid that when men shall be importun'd to lend money upon any future Occasion, they will be apt enough to discourse within themselves, That that which hath been done may be done again, and that the Moneys of other men were secured unto them by Declarations and Acts of Parliaments, and that they cannot expect higher securities then these, &c. It is true indeed when the Exchequer is again opened, this Ob­jection will be in good measure answered, but till that time I fear it will re­main not inconsiderable.

I shall no farther pu [...]sue the Pestilence of this C [...]uncel in this particular (it being so obvious to the meanest understanding) but shall now state the Case between Phillip the Second of Spain, and the Bankers of Genoa, as I have extracted it out of the best Authors I could find, which treat upon that Subject.

Charles the Fifth Emperour of Germany, had for a long season revol­ved [Page]in his mind how he might render the State of Genoa obsequious and dependant upon himself, Thuani First lib. 61. anno Dom. 1575. Metarani Hist. Belgica Lib. 5. Bodine de repu Lib. 6. Campa­nella Spanesh Monarchy c. 21. Helyns Col­mography in Genoa. Lassels. Voyage into I­taly, 1 part. pa. 99. cum multis alus. and this he did (among other reasons) that he might as occation served with the greater fa [...]ility Transport his Armyes out of Spain thorough this Territory into Italy. In order to this, sundry Experiments had he made, which yet by the jealousies of that people were alwayes readred improsperous. Charles (being as he was a Prince of pro­digious Subtility) falls upon new Councels, he considered he had to do with a people that dealt much in Money, and were generally great Ban­kers, and Merchants, and therefore concluded that if by extraordinary Ʋsuries he could allure their Money into his Exchequer, he should then be in possession of the best Hostages they could give him for their Fidelity and Observance. This Emperour dying, Phillip his Son, after his Fathers Example (to make these birds more confident, and less jealous of the Snare) proceeds for some time to feed these unhappy money-changers with excessive Ʋsury, till by this fine Dexterity he had conveyed into his bands no less then 420. Datch Tun of Gold, some say eleven, others eigh­teen millions of Gold, and then secures this Debt to them very fairly upon the Tribu [...]es of Spain and the Indies. The filly Birds were now very se­cure, and Sate fair, and there wanted nothing but the drawing the Net. Thereupon King Phillip (being exhausted with his Low-Country Wars and with all) sensible of the weight of so ponderous a Debt, takes occa­sion at first to cavil at some little misreckonings in the Accounts, and a while after insisted that he had hereto [...]o [...]e paid them more Interest money then they ought to have received, and therefore (quoth he) that overplus ought in all reason to be deducted out of the Principal, and thereupon by pub­lique Edict (taking the Opportunity likewise of some Civil discords, which at that time raged among them) forthwith stops their Pensions issuable out of the said Tributes. And then to forti [...]y this Act, by secret Combina­tion with the Pope (to render the Action more specious) procures a Bull from his Holiness to confirm all that he had done, however for so much Principal Money as was afterward agreed to be due (which in the year 1600. I find was One Million and half of Gold) the Crown of Spain hath ever since to this day justly and Honurably satisfied the Interest.

This is the true state of this Case (according to my discovery thereof). Now it will be evident to any person that shall compare these two cases to­gether, that they differ each from other in sundry essential circumstances.

For,

First, this Severity of King Phillip was not exerted upon Children and Subjects, but upon a Forreign State, of which Spain had then just causes of Apprehension and Jealousy, and so the Action well enough consistent with the Rules of Policy.

Secondly the Envy and Enormity of this Feate, was by a curious Leger­demain juggled upon his Holiness, and King Phillip to all outward appea­rance rendred innocent thereof: Helin's Cos­mograph. This Debt (saith Peter Heylin) was cut off by the Pope's Authority, that so King Phillip might be obliged to that See. Hoc debitum (saith Metaranus) per pontificis decretum propter in­gentes usuras fuit diminutum, & moderatum. Bodin. de Rep. lib. 9. cap. 2 This Debt by the Pope's Decree was moderated upon pretence of excessive Ʋsury. And Bodine Droling facetiously upon the proceeding, Metarini Hist. Belg. Lib. 5. sed risu dignares est (saith he) quod non modo Genuensibus verum etiam Philippo, &c. It was thought ve­ry pleasant and ridicule that not only the Genoeses but Phillip also should be interdicted, he, because he took money to Ʋsury, they, because they lent it. However they were both (this being done only by compact, and to give the better grace to this neat Emuncture or wipe) in a little time ab­solved again.

Thirdly, in this case the Interest Money was and is punctually satisfyed, and I wish I could affirm as much in ours.

Fourthly, I do not find that this Debt of the Genoeses was secured unto them by any Act of the Cortes or Parliament of Spain and so the Common Faith of that Nation inviolate. But in our case, our Debt is secured to the Bankers and their Assignees by National Obligation, As I have (I think) above most evidently proved.

Lastly, Campanella the Jesuite a man of infinite subtility, Campanella Span. Mon. chap. 21. and one that seems to be even anxious, and eaten up with zeal for the Grandeur and prosperity of Spain, the which he cultivates with a singular diligence in his Discourse of that Monarchy. This very man, I say, doth with all his vigor, not only advise, but importune King Phillip with all speed to pay this Debt to the Genoeses. Least saith he (among other reasons there given) if there should happen any Rising in Italy to the prejudice of that King the Genoan Banners might march also along with them for company.