&Iic; am now at length arrived to the grand Objection of this case, the vali&rehy;dity 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 excusable 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 Ad&rehy;mittance 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 prepa&rehy;rations 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, Quæ non habet Legem. That necessity and self preservation su&rehy;perintend 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 person, or Secondly by that of his Representatives in Parliament, to whom he hath delegated his consent. To prove this I could produce in&rehy;finite 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 6. 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 memora&rehy;ble one of 14. Ed. 2. in a Writt of Error upon a judgement given in Dur&rehy;ham in Trespass by Heyburne against Keylow, for entring his house, brea&rehy;king his Chest, and taking away 70l. 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, the Commonalty of Durham (whereof the Plaintiff was one) apprehensive of the common danger, consulted toge&rehy;ther, 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 per&rehy;form such composition, and also what Ordinance should be made in that behalf, thereupon they compounded with the Scots for 1600 Marks, but because this Money was to be paid without the least delay, they all con&rehy;sented that Keylow the Defen&rehy;dant 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 70l, which was paid to&rehy;ward that Fine. The Jury were demanded whether the Plaintiff was pre&rehy;sent and consented to the taking of the Money, they said no. Whereupon the Plaintiff had Judgement to recover the 70l. upon this Judgement the Defendant brings his Writt of Error in the Kings Bench, and assigns er&rehy;rour in point of Law, and there the Judgement was reverst, because Hey&rehy;burn (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. Mich. 14. Fd. 2. B R. Rot. 60.

The next is a Record of the Parliament of 20 Ri. 2. some little time be&rehy;fore this Session, 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 Craves 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 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 Judg&rehy;es) 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 quo&rehy;ted saith) was thus. That since 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 lay&rehy;ing a charge upon the Commonalty, and that such charge could not be im&rehy;posed without a Parliament; and the Lords thereupon supplyed the pre&rehy;sent necessity with their own money, and advised a Parliament for farther supply, and Repayment of themselves, which was accordingly done. Rot. Parl. Ri. 2. pars I. a.

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 be&rehy;fore, this King had dissolved the lesser, and in the year of this Satute 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 feeds of discontent to ma&rehy;ny 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 prærogative 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 Roy&rehy;al Power was thus corroborated by this Statute, yet the Parliament took care, that no mans Life or Property should be ravisht from him. How&rehy;ever notwithstanding the said Restriction, this Statute was thought incon&rehy;venient, and thereupon repealed soon after, in 1. Ed. 6. cap. 12. Old booke of Statutes 31 He. 8. cap. 8.

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 Bacon His War with Spain. calls it) and yet every mans Right was then preserved inviola&rehy;ble. Nay the Queen was so tender in that particular, that (as our Histo&rehy;rians say) She gave Express Order that not so much as an Ear of Corn should be burnt, or other Goods of her Subjects devastated, until the E&rehy;nemy had actually Landed, and was even upon the very point of possessing them himself. Cambden in vita Elizab. 1588. 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, it must be understood of an actual Invasion of the Enemy, when the danger is in potentia proxima, and the Fire ready to take. 8. Ed. 4. 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, but it was (saith the Record) Super imminentem hostilem irruptionem scottorum inimicorum infra Hiberniam, & pro salvatione Civitatis prædictæ, & ne dictis ini&rehy;micis ad Civitatem prædictam facilior pateret ingressus &c. Claus. II. Ed. 2. Memb. 19 Dorso pro ma&rehy;jore & civibus Dublin. 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 e&rehy;nough drawn, for it was Pardonamus eis & cuilibet de communitate Civi&rehy;tatis prædictæ id quod ad nos pertinet de prostratione prædicta, &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. 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. Mich. 6. Ja&rehy;cobi Cokes. 12. Rep. 63.

I shall now draw nearer our own times, and present you with a Trium&rehy;virate 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 Par&rehy;liamentum Benedictum) I mean that of 3. Caroli primi. Cokes 3d Inst. 3.

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

The second is the Commission for Loane, 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 Rushw. Hist. Collect 3. Caroli 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 re&rehy;solved to be illegal, and so consented to be by his Majesty, and so decla&rehy;red a little after in the same Parliament in the Petition of Right. Poultons Sta&rehy;tutes 3. Car. I. cap. I.

The third is the Commission of Excise issued to 33. Lords and others of the Privy Councel in which they are commanded to raise Moneys by im&rehy;positions or otherwise, as in their judgements they shall find to be most convenient. Rushw Hist. collect. 30. Car. 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 di&rehy;rect 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 Cala&rehy;mities which follow this pernicious Councel. It is but natural to man&rehy;kind to bring in what Arguments they can to preserve their undoubted Rights, especially when irritated by that unhappy Thing which renders men not only miserable, but (as the Poet saith) Ridicule and contemn'd. Juvenal Saty. 3. versus 151. Neither have I here (I hope) invaded the just Regalities of his Sacred Ma&rehy;jesty (for which no person hath an higher veneration then my self) but rather confirm'd them. For (as Sir Francis Bacon then Atturney General said) whilst the Prærogative runs within its ancient and proper Banks, the main Channel thereof is so much the stronger, for Overflowes (he adds) evermore hurt the River. I. Refusutario fo. 65.

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 Guilme Fermyes Commentary on the Customier of Normandy. him to consider the case of Normandy. That Dutchy had been for 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 peo&rehy;ple, and the injustice of their Grievances, grants that from that time for&rehy;ward, 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, Unless in cases of great ne&rehy;cessity] which Minute and almost insensible exception we see hath eaten up (upon the matter) all their immunities, for though these States do annually assemble, yet their Convention is little better then the carkass of a Parlia&rehy;ment, and they are become but the necessary Executioners of the Royal pleasure. Comines Hist. of France, Lib. 13. Fortescue cap. 35.

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 Sup&rehy;ply 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, it seem&rehy;ing 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. Polydore Virgil. Ribadinira Cop. grave Surius And (by the way) this Act of singular piety he did, 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; Selden's Marc clausum, Lib 2 Spilm Glossary title Danegueld and yet his Treasure after his death was found to be, Nine hundred thousand pounds besides his Jewels and Plate. Speed, Baker, Haywards Hen 4. I. part. p. 56 Certainly a pro&rehy;digious 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 Subsidy given by them to her Predecessor, which release was afterward confirm'd by Parlia&rehy;ment. Old Statutes I Mariæ sissio 2. cap. 17. And Queen Elisabeth also remitted one Subsidy of four granted to her saying, It was all one to her, whether the Money were in Her Subjects Coffers or her own . Cambden vita Elizabethæ.

Secondly these Depredations begot many good Lawes for the firmer 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 34° as our Printed Statute Books say) was made the Statute de Tallagio non concedendo, with which the English defend themselves (saith Bodine) quasi Clypeo, as with a Buckler against their Prince. De Repub. lib. I. cap. 8

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, the Prince, Arch-Bishop of Canterbury and the Earl of Warwick also standing with him. Lib. 3. cap. 9. columna 2510 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 Rex erumpentibus lacrymis (saith he) veniam de com&rehy;missis humillime postulavit. The King bursting forth into Tears, did most humbly aske pardon for what he had done (a passionate transport of a Prince that before that time had rendred himself redoubtable among the Saracens as well as the French, and that had triumpht over Scotland and Wales!) Math. West&rehy;minster. pag. 409. 410. And after he had excused himself to them, with all the sweet&rehy;ness of Expression adds. Et omnia oblata reddam vobis. And I will restore all that I have forct from you. Math. Westm. ibid. And in pursuance of this promise forth&rehy;with makes an Bundelæ Bre&rehy;vium de priva&rehy;to Sigillo in Tutre London. Anno 25. Ed. I & pit. 26 Ed I Mem. 21 Ordination of Councel (which I 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 forci&rehy;bly 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 deter&rehy;mine those matters. Et ce qe 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. I. Memb. 21. inquirendo super grava&rehy;minibus popu&rehy;lo Regnifactis &c. Commissions were accordingly executed (ma&rehy;ny of which I have seen, and can produce the Copies) in which are con&rehy;tained many excellent particulars, too long here to be recited. And for those small Remainders of Moneys which hapned not to be restored or sa&rehy;tisfied by vertue of those Commissions, they were two or three years af&rehy;ter recovered in the very ordinary Courts of Justice, to prove which (among many others) I will cite 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. 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 sa&rehy;tisfying his Fathers Debts (as we find by our Records) so that upon the whole matter, notwithstanding this Objection; Pat. 4. Ed. I. Memb. 19. intus 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, (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. Pasch. 5. Ed. 3 casus 5.

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. 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 re&rehy;counts the Tallages and Exactions with which he had burdened his peo&rehy;ple which (he saith) 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. Rot. Almaniæ 12. Ed. 3. Mem. 22 in Dorso De excusando Rege populam versus.

Ob. There remains yet one Objection with which I am inforc'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 of 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 there 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 Ca&rehy;vil) agree may be suddain (though a great Statesman tells us, 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 hand of Nature) will dispose all Mankind to expose their Lives and Estates, which otherwise they must inevitably lose. Comines fol. 179. And this seems to be the case of this Kingdome in the Year 88. for there was then no Parliament sitting, but many of the Worthies of that time, (some of whose names are transmitted to Posteri&rehy;ty) at their own private charges, brought in men and Ships to the Com&rehy;mon Defence. Cambden vita Eliza.

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 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, where upon an imminent French in&rehy;vasion, King John issues out Writts, in which he summons all his Subjects, high and low to repair forthwith to Dover. Math. Paris 223. Matth. Westm. 92. Ad defendendum caput no&rehy;strum (saith the Record) & capita sua, & quod nullus remaneat qui Ar&rehy;ma portare possit sub nomine Base Cowardise or Turntail so the glossaries Culvertagij, & perpetuæ servitutis &c. Rot. Franciæ Anno 26. Ed. Memb. 5.

The other is upon a French invasion too, design'd against this King&rehy;dome in 26. Ed. 3. the which being a Record so apposite to my purpose I shall recite somewhat more at large.

Rex dilecto consanguineo & fideli suo Henrico Duci Lancastriæ salu&rehy;tem. Quia Adversarij nostri Franciæ nos & Regnum nostrum Angliæ in&rehy;vadere machinantes, ad nos & Dominium nostrum, & totam nationem Anglicanam pro viribus destruend. Nos considerantes omnes Incolas dicti Regni cujuscunque conditionis extiterint, cum versetur commune pericu&rehy;lum teneri de jure pro patria pugnare, & eam contra hostiles aggressus de&rehy;fensare. ---- vobis mandamus quod omnes homines defensabiles tam milites & Armigeros quam alios quoscunq; de dicto ducatu cujuscunq; status seu conditionis fuerint arraiari, & quemlibet eorum iuxta statum & faculates suas, Equitaturis & Armis competentibus 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 jealousy among the people that upon this occasion some suddain stop might be put upon the Exchequer, and thereupon the Bankers were exercised with restless soli&rehy;citations for the speedy payment of their Debts. The King for the sedati&rehy;on of these Fears and apprehensions, 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 let's see what were the grounds of this Declaration. See the De&rehy;claration at the end of this Treatise. 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 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 vul&rehy;gar Negotiation it seems a Riddle and matter inextricable, that these con&rehy;siderations which at that time appeard to have been of so politique and va&rehy;luable Regard, within the space of two or three years, upon a like oc&rehy;casion, should be thought by this Advisor clearly Obsolete, and altoge&rehy;ther void of Prudence; And the Credits of the Exchequer, Royal securi&rehy;ties, 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 far&rehy;ther support, but must of necessity fall to the ground.

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

&Aic;LL men agree that Rome (whether Monarchical or Republique) was a State founded upon the choicest Polities that ever were practised in the world. (And (as Florus saith) he that reads their Atcheivements con&rehy;templates not the Gests and Actions of one single people, but even of all mankind. In proemio ad Histori&rehy;am. 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 Cannæ, for then had Hanibal 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 Trea&rehy;sury was totally exhaust.

In this Extremity Levinus and Marcellus the Consulls declare forth&rehy;with 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, tantaq; 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: Livii. Lib. 26. The Com&rehy;monalty 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 Mar&rehy;ket-place, and in the hearing of the very Consuls themselves. In so great an Agony of the Body Politique, theLords of the Senate Assembled, to consult how they might with more security Levy Money, and string them&rehy;selves a fresh with new Sinews of War; after many temerarious courses proposed and rejected, they thus reasoned (as Livy and Florus relate) amongst themselves. Livii lib. 26 Flori lib. 2. Omne aurum (say they) Argentum æs signatum ad Triumviros Mensarios deferamus, nullo ante senatûs consulto facto, ut vo&rehy;luntaria oblatio, &c. Let us our selves that be Senators first bring into the publique Treasury all our Gold Silver and Money, and this too with&rehy;out 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 according&rehy;ly: Now see what the consequence hereof was. Hereupon (say the same Historians) the Knights and Gentlemen followed the example of the Se&rehy;nators, 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 e&rehy;nough to enter the particulars. Bodine commenting upon this prosperous Councel, hath these very words. Cum Annibal Italiam quateret, ur&rehy;bemque ipsam obsideret, Senatus diruto ærario nova tributa subditis aut sociis imperari noluit. Nihil enim prementibus hostibus tam periculosum When Hannibal had made Italy to tremble, and had besieged Rome it self, the Se&rehy;nate, 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. Bodin de Re&rehy;pub. lib. 6. ca. 2d Ærario. Neither is it to be forgotten, that the same Historians add, that parta victorii &c. That after Victory obtain'd, and the Carthaginians discomfited, the Senate had decreed the Repayment of every Lenders Money justly and ho&rehy;nourably, which was Executed accordingly. Livii Lib. 26. & Lib. 31. Bodin Lib. 6. cap. 2.

The Learned Boterus Relates a Story very apposite to this purpose. Boterus de politia Illu&rehy;sterium &c. Lib. 7. ca. 3. La&rehy;dislaus Dux Neopolitanus victus (saith he) fugatusq; ab hoste, &c. La&rehy;dislaus 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, saith that Author) to effect this by imposition of new and unusuall Taxes, this being intimated to one Gorellus (a person of singular Prudence and Gravi&rehy;ty) he forthwith repairs to the Duke, and bespeaks him after this man&rehy;ner, I am afraid (GREAT SIR) that whilst you are solicitous of re&rehy;pelling the Enemy, you take no care of falling into the hatred and Malevo&rehy;lence 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 dispoile 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 princi&rehy;pally) was to pay, and the Money was in a moment brought in, Pruden&rehy;tissimum sane pro re & tempore, &c. saith Boterus. A most prudent Coun&rehy;cel 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 Cæsar had suddain news brought him of a vast Army in the raising by Mark Antony to encounter with him; The Prize to be fought for was no less then the Empire of the World. Augustus (being young, and instigated by evil Councel) squee&rehy;ses the people with Taxes towards the surport of this War. The people hereupon began to Mutiny, insomuch that (as Plutarch Reports) the wi&rehy;sest 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 Cæsar into the hands of his Enemy. In vita An&rehy;tonii But (as he saith) the imprudent delaies of Antony gave time to the people of con&rehy;cocting 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 the Publique Benefits and Emoluments of the Common-wealth (as Seutonius writes) little less then Quater decies Millies See for this valuation Bu&rehy;dæns de Asse. Hackwel's A&rehy;pology and Savil's notes on Tacitus Histo&rehy;ry, Lib. 1 c. 6 sestertium, That is, Eleven Millions, Eighty thousand five hundred thirty three pounds six shillings eight pence Sterling: Besides his two paternal patrimonies, and other his Inheritances. Others report, thirty five Millions of Gold, be&rehy;sides the two aforesaid patrimonies.

Obj. Many other examples of like nature I could produce out of History and Policy, which yet (for brevity sake) I forbear to do, and hasten to an&rehy;swer an objection, viz. That (as certain Authors affirm) some Princes have by great Usuries Decoyed vast summes of their Subjects Moneys into their Exchequers, and forborn afterwards to repay them, 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. Life of Augu&rehy;stus bound up with Plutarch Lives.

Sol. I shall answer this Objection in the very words of the same Bodine, in an other place. De republica 6. cap. 2. Hæc quidem tolerabilia viderentur (saith he) Si quod Regibus nostris persuasum erat, Civitates, obsequio & fide majore, accep&rehy;tis 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 Usuries 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 Mo&rehy;neys should be cramp'd and discouraged: Therefore consideration for Moneys lent hath been entertaind (as the Scripture saith) of the Judaical Divorces) for the Hardness of mens hearts. And the Endeavours of a&rehy;bolishing thereof have proved sometimes inconvenient and dangerous to the States where it hath been attempted; Annalium 6 To prove which I shall produce but one Example reported by Cornelius Tacitus, who tells us, that in the Reign of Tiberius Cæsar. Magna vis accusatorum in eos irrupit qui pecunias fænore auctitabant, &c. That a great Rabble of Informers rose up against those persons which took excessive Usury, and thereupon every man cal&rehy;ling 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 pro&rehy;pitious, which being perceived by that predent Emperour, he forthwith caus'd an hundred Million of l. 791466. s. 1 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.

&Iic;T is a Rule that hath prevail'd among all Nations (as well Barbarous as Civil) That Quod Omnes tangit ab omnibus debet supportari. And a&rehy;gain. 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 fast&rehy;ned upon a Part. What is this but as if the States of Holland should im&rehy;pose 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 undeflowred.

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, 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 fructify&rehy;ing 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 La&rehy;bourers 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, Commitee men&rehy;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 persons that had but one hundred pound in all the world, had that All taken from them towards the Defence of the Kingdome, when may others that were worth hundred thousands, expended not a farthing at that time. And now what I shall say more &horfill; Pudet hæc opprobia nobis Et dici potuisse & non potuisse refelli.

Now for the Influences this Councel may have upon his Majesties Ex&rehy;chequer, 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 par&rehy;ticular, that in her time (they say) it went for a Proverb. As sure as Checke. For (as a great Author Writes) Outward esteem and Reputa&rehy;tion 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. Lord Herberts H. 8. 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, 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. Bodine Lib 2. cap 4 in fine Lord Herberts Hen 8. Last leaf but one. It is true indeed when the Exchequer is again opened, this Ob&rehy;jection will be in good measure answered, but till that time I fear it will re&rehy;main not inconsiderable.

I shall no farther pursue the Pestilence of this Councel 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 in his mind how he might render the State of Genoa obsequious and dependant upon himself, and this he did (among other reasons) that he might as occasion served with the greater facility Transport his Armyes out of Spain thorough this Territory into Italy. Thuani Hist. lib. 61. anno Dom. 1575. In order to this, sundry Experiments had he made, which yet by the jealousies of that people were alwayes rendred improsperous. Metarani Hist. Belgica Lib. 5. Bodine de repu. Lib. 6. Campa&rehy;nella Spanish Monarchy c. 21. Charles (being as he was a Prince of pro&rehy;digious Subtility) falls upon new Councels, he considered he had to do with a people that dealt much in Money, and were generally great Ban&rehy;kers, and Merchants, and therefore concluded that if by extraordinary Usuries 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. Helyns Cos&rehy;mography in Genoa. Lassels. Voyage into I&rehy;taly, I part. pa. 99. cum multis aliis. 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 Usury, till by this fine Dexterity he had conveyed into his hands no less then 420. Dutch Tun of Gold, some say eleven, others eigh&rehy;teen millions of Gold, and then secures this Debt to them very fairly upon the Tributes of Spain and the Indies. The silly Birds were now very se&rehy;cure, 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 occa&rehy;sion at first to cavil at some little misreckonings in the Accounts, and a while after insisted that he had heretofore 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 pub&rehy;lique 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 fortify this Act, by secret Combina&rehy;tion 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 Honourably 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 to&rehy;gether, that they differ each from other in sundry essential circumstance.

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.

&Iic; shall (I hope) auspiciously take the rise of my Conclusion from two me&rehy;morable Records. The one relating to Widdowes and Orphans, the other to those Worthies who with their Lives and Fortunes had many years agoe propugn'd the Rights of the English Crown.

That which concerns the former I shall for the excellency thereof (so far as it concerns my purpose) transcribe verbatim.

Die veneris proximo ante Festum beati Edwardi, Anno Regni Regis Henrici tertii 34. venit Dominus Rex cum suo Concilio ad scaccarium & ibidem proprio ore præcepit omnibus vicecomitibus Angliæ, tunc ibidem existentibus. Imprimis quod modis omnibus observarent & manutenerent li&rehy;bertates sanctæ Ecclesiæ, & similiter manutenerent Pupillos Orphanos, & viduas & celerem eis justiciam exhiberent, &c. Inter Commu&rehy;nia termino Mich. 35. Hen. 3. in Officio Remen. Thes. in Scac. Rot. 2. In&rehy;tus. præceptum Domi. Regis Here we have, it Registred in the Records of Fame, that the glorious King Henry the Third, came in his own person into his Court of Exchequer, environ'd with his Illustrious Councellors, and there with his own mouth gave it in charge to all the Sheriffs of England. Prov. 29.14. That in the first place (next after holy Church) they should Defend the Orphans and Widdows, and do unto them speedy Justice.

The other Record is that of II. Hen. 6. where that Renowned King gives express Order that a Roll should be forthwith made of such persons which had spent their Youths and Estates in the service of his Royal Grand&rehy;father, Father and Himself, to the intent that such of them (I shall give you the very words of the Record) which are without any Livelyhood, or Reward. Guerdon, and so in great mischief and necessity, and some but easily Guer&rehy;doned, and nought like to their Desert and Service, may, when Offices and Benefices fall, have them confer'd upon them, &c. Rot. Parl. 11. Hen. 6. Memb 6. Cokes 4th. Inst 56. Rot. Parl. 8. Hen. 6. Memb. 11. I hope no body will think me so presumptuous or vain, as to prescribe this for an Example; I know when we have served God and the King with our Lives and Fortunes, we are notwithstanding unprofitable Servants, and have still done but our indispensable duties, only this I shall say (and I speak it with an humble modesty) That I hope we that were Sufferers for our Loyalty, shall be thought now, as worthy of enjoying those poor Remnants and Scraps of our Fortunes, as these persons before us were of receiving their Guerdons and Rewards. I do never without a secret exultation of Mind consider this following Memoire that I find of Augustus Cæsar: upon the Defeat (saith my Author) of Mark Antony at the famous Battail of Actium, Au&rehy;gustus commenc'd Emperour of the World; some few years after, a certain old Souldier (that in this Battail had done Cæsar good service) hapned to be impleaded for his Life before his Imperial Majesty, and the Senate; Vita Octavii Augusti, bound up in Plutarch's Lives. The Soldier implores Cæsar (then present) to help him in this Distress, Cæsar recommended him to an able Advocate, the rough Soldier not contented with this, forthwith rips open his bosome, and exposing to the view of the whole Court the marks of the Wounds which he had received at the said Battaile of Actium; These wounds (quoth he) O Cæsar have I received on my mangled body in thy defence, and substituted no Deputy in my place! Augustus hereupon (overwhelm'd with the Passionateness of this Action) presently stood up and pleaded the Soldiers Cause himself, and carried it. An Action certainly well beseeming an Emperour of the World! And are there not many miserable persons concern'd now with the Bankers, whose Fathers, Husbands, Children, and other Relations have asserted the Crown of England with their dearest Lives and Fortunes? nay, are not several of that kind yet surviving, which do yet bear in their miserable bodies the Scars and glorious Remarks of their Loyalty, recei&rehy;ved in the Battails of Edge-hil, Newberry, Nasby, Worcester, and indeed where not? And shall we imagine that our Cæsar (a Prince of such emi&rehy;nent Clemency and Justice) will suffer these persons and their Families to starve for want of that which is their own? And that he will not proceed (as he hath begun) to be an Advocate and Intercessor for them in so just a Cause.

I dare be confident his Majesty is inexpressibly sensible of this Calamity, which is fallen upon us, and his Royal Bowels yerne with Compassion to&rehy;wards us. Neither is the Delay of Payment hitherto any Defect in His Majesty's innate Justice, but an Excressence and unhappy super&rehy;fetation of the first pernicious Councel of Shutting the Exchequer; to think otherwise were to blaspheme the greatest sweetness of Nature in the world, And to prophane that Illustrious Prince, of whom no man ever yet form'd a thought, but his mind was presently fild with the Idea of all that is Great, and Just.

For my part I am no Projector, and I have alwayes in my own Na&rehy;ture abhominated all Vermine of that kinde; But yet me thinks it is not impossible to designe a Course how to pay off this Debt of the Bankers, and that by waies not only practicable and Legal, but Grateful also to the Kingdome.

I am not ignorant that I have here all along in this Discourse dealt in an Argument of sublimity and importance, of which a man can hardly write perhaps without being in some measure Sacrilegious, But yet we find that our Saviour Christ excused the servants of King David, when they were ready to perish for want of food, though they broke into the House of God, and made bold with the holy Bread. Matth. 12.3 and 4. And the Law of this Land ac&rehy;quits the person that steals viands to pacify the present Languishments of nature. Stamfords Pleas of the Crown. Where the purturbations of the Judgement and Reason are so great, as in presumption of Law, man's Nature cannot overcome, such necessity carryeth a Priviledge in it self; (saith no mean Author) And I hope that man shall not be thought pragmatical or busy that deals in a matter in which the Fates of his Ruine or Happiness are imbarck't. Ld. Bacon's Maxims of Law, pa. 29.

There be many things which possibly I have forgot, and some things which I have perhaps industriously omitted. If any matter have fallen from me inconsiderately, (as in so long a Discourse may easily happen) I do with unspeakable humility and Prostration beg Pardon, requesting this one Favour, that no persons would censure me, or those worthy per&rehy;sons in my condition, until they have first represented our Cases to them selves, as their own.