THE CASE OF THE BANKERS And their CREDITORS.  
Stated and Examined; By the Rules of Laws, Policy, and common Reason, as it was enclosed in a Letter to a Friend.  
By a true Lover of his King and Country, and a Sufferer for Loyalty.  
Ad Reges potestas omnium pertinet, ad singulos proprietas, Seneca de Benificijs,  Lib. 7. Cap. 4. & 5. 
Rex ad tutelam Legis, Corporum, & Bonorum erectus est. Lord Chancellor Fortescue,  cap. 13.7. Rep. Calvin's Case, 5. a 
Concilia callida & audacia, prima froute laeta, tractatu dura, eventu tristia.  Erasmus in Epistolis. 
That State is in ill condition, where the justly accused shall take Revenge of the just Accuser, and where he that would save his Prince must ruin himself. Sir Walter Raleighs Prerogative of Parliament.  
Printed in the Year, 1674.   

Dear Sir,  
IN Obedience to your Command, I have committed to Paper some Notions I had conceived of the Bankers business, and the calamitous dependants thereon. I remember you thought me (though concerned enough) pretty warm in this Argument last time I discoursed it with you; and truly if hard usages will make a wise man mad, the Effect it hath upon a Fool (as I am) may well want a name. I have I praise-God weathered out all those dreadful storms which fell some years since upon the Loyal par y, (as you know) though with the Shipwreck of my per●on and Estate, and this (if I may speak it without Ostentation) I did with constancy and joy, for though I could see then nothing but Tempests and Hurricanes without me, 
Plin. in Pany●er. ad Trajanum imperat. ●●psy●polit. Lib. 4. Cap 11. Raleighs Prerog. of Parliament in finc.  yet my mind was always refreshed with sereneties and calmness, triumphing that I was thought worthy at any rate, to suffer for so glorious a cause. After his Majesty's Happy Restauration, though neglected and despised, as many of far greater merit than myself likewise were, we did all however possess our souls with patience (though wise men tell us that it was never accounted the best policy to dismiss 〈◊〉 deservers in point of Recompense with the satisfaction only of their Consciences, and the rewards ●f the next world). And now when we and our miserable Families had thought to have protracted (at least) a contemptible life with those poor remainders, and broken pieces of our Fortunes, behold in one moment those also are ravished from some of us by our friends. By what name shall I express this treatment? shall I call it a violation of the Widow's Mite? or a breaking into the Almsbasket? no these reach it not, all nature cannot furnish me with a similitude.  
Sir mistake me not, I would not be thought here to lay so great a calamity at the door of my dread Sovereign (a Prince in his own free nature, and unforced inclination not to be paralleled for all Royal Graces) no Sir, the Law teaches me to conceive more Honourably of the King's Justice (by which his Throne is Established) and te●● me that whatsoever wrong is done to the Subject, is effected by misinformations of his Majesty, 
Pro. 16.12.  and pernicious Counsels.  
Nihil aliud potest Rex in tearis (saith Bracton) cum sit Dei minister & vicarius nisi id solum quod de jure potest. 
Bracton lib. cap. 9  The King can do nothing seeing he is God 's Vicegerent, but that which he may lawfully do. Rex hoc solum non potest facere, 
Cook d. 11. Rep. 72. a Magdalen col case.  quod non potest injuste agere (say the Judges in another Case) This one thing only the King cannot do, that he cannot do injustice (which yet is so far from impotency or imperfection, that it is a Character also of the Divinity). And therefore Markham Chief Justice of England told King Edward the 4th. that he could not Arrest any man for a misdemeanour (as a Subject might) because if the King did wrong, 
1 Hen. 7.4 b pet Hussey ch. Justice d'An gliter.  the party could not have his Action against him; we receive Life and Vigour from the influences of Heaven, but Distempers proceed from the Vapours of the Earth, which vapours yet can convey no infection into those Calestial bodies: Even so sometimes the countenance of Princes may concur in the Execution of illegal advices, without sharing in the Obliquity and injustice of them.  
The Poets have a witty Fable of Tiresias, the great Soothsayer, that he foretold future events by the flying of birds, not that he did see the birds (for he was blind) but (say they) he had always his Daughter Manto near at hand, who informed him of the manner of their flights, and according to her advertisements, the Father evermore divined: The Mythology or Moral of this Fable is oftentimes applicable to the best and most virtuous Princes, they hear with other men's Ears, they see sometimes through the spestacles of other men's eyes, and according to the colour of the glass, so is the object represented to them; black or red, or perhaps white, whereas the true tincture of the thing may be clearly otherwise; and yet all this while the fault is not in the eye, but in the deceptive glass. If a false Light-house be erected near a dangerous Rock in the Sea, and in a dark and tempestuous night the Ship is steered that way, as to a safe Port, and thereupon suffereth wrack, no body can with any reason impute this misfortune to the error or incogitancy of the Pilot, or governor of the Vessel, but rather to the malice and falsity of this wicked invention. 
Seneca de Ben ficio lib 3. cap. 30.  Upon this ground it is that Seneca (a wise man, Tutor to an Emperor, and one that well understood what he wro●e) breaks forth into that passionate interrogation, Quid omnia possidentibus deest? ille qui verum dicat. What thing only do they want which possess all things? Even (answers he) a person that will give them honest Advertisements. And therefore the Lord Chancellor Bacon (among many other his excellent Counsels to the late Duke of Buckingham) urgeth this following document to him with a warmer zeal then ordinary. 
Cabala of Letters fol. 41.  In respect of the King your Master (saith he) you must be very wary that you give him true information, and if the matter concern him in his government, that you do not flatter him; if you do, you are as great a Traitor to him, in the Court of Heaven, as he that draws his Sword against him.  
This grievance of our hath been represented to his Majesty under the pretence and umbrages of Royal Prerogative (which in truth he is obliged to maintain) and of public Emolument and advantage (which certainly are the most glorious Objects of Royal prudence). With these and the like Blandishments Sir this Crystal Fountain of Justice hath been poisoned and contaminated. This is the Coloquintida with which so unspeakable a sweetness hath been embittered, these are the Paintings with which so deformed an Advice hath been sophisticated. But let me tell you Sir, if in the sequel of this discourse I shall not clearly wipe off all these Varnishes and false colours, and effectively prove this advice to be as mischievous to his Sacred Majesty as his people, I shall think I have very meanly acquitted myself in this business.  
I hope I shall not be thought to reflect herein, upon any person whatsoever, any farther than his own Conscience may scourge him in this particular. And I know there be many great and illustrious Hero's near his Majesty, (to whose service I could willingly sacrifice an hundred lives had I them) that do abominate so pernicious a Council. 'Tis not for me rashly to touch heads irradicated with the Beams of Royal favour: For my part I meddle not with the person, but with the Advice abstracted, Amo hominem, odi vitia, is a good Rule  
And I praise God and the King, we live not now in an Age wherein it is more hazardous to discover, an evil action, than to commit it, or wherein the justly accused shall take Revenge of the just Accuser.  
Neither would I be understood here to erect myself into an Advocate for the Trade and mystery of Banking, A God's name where the Usuries of those people are by the King found outrageous and illegal, let them be regulated and reduced to just moderations. All that I contend for is, that the Bankers (whose concernments are now apparently become ours) may by Opening the Exchequer be enabled to satisfy their just debts to their Creditors, that so the good and bad, the nocent and innocent may not thus be overwhelmed together in one and the same common Ruin.  
Sir, let us not flatter ourselves, posterity will assuredly discourse our Actions, with the same freedom that we do those of our Ancestors. 
Annalium lib. 4.  Irridenda est eorum socordia (saith Tacitus) qui presenti potentia credunt extingui posse sequentis aevi memoriam. The improvidence of those persons (saith he) is ridiculous, who think by present power to extinguish the memory of future Ages. No this cannot be, the voluminous Histories of all Nations which we daily read and handle, prove this project altogether idle and impracticable. Certainly there abides in mankind an immortal principle, a Ray of the Divinity which natrually inclineth us to a desire of Glory, and to have our names guilded to all Ages in the eternal Records of Far●e.  
Now Sir because you shall see with what Candour and fairness I will prosecute secute this Argument, I shall deduce my following Observations from the wisest Historians and Statesmen, from the greatest and most glorious Princes that the world hath at any time afforded, from justictaries of the most profound Learning, and chastest integrity, nay from bodies of the wisest men of this and other nations in conjunction, from Parliaments and their Determinations remaining with us upon Record, 
Bacon's Essay of Council. Alphonso King of Cortile: Lipsis Epistola ad porit. Ad Nicoclem.  and (because I would take off all imaginable objection ●o the credit of my Authors) I shall produce only such which have long since departed this lise, which for that reason (as a wise King was used to say) were the most faithful Councillors. Such as these (as Isocrates tells) cannot be daunted with fear, or blinded with affection, or corrupted with preferments.  
These have indeed the character of true Councillors, 
Cast●llanus de Officio Regis Lio. 1. cap. 55.  which is, Ut non modo ne quid fa si dicere audeant, sed etiam ne quid veri non audeant, that they will neither dare to tell a falsity, or conceal a truth.  
That would rather (as Seneca tells Nero) Veris offendere quam placere adulando. 
De elem●ntia Lib. 2. cap. 2.  Offend by telling Truth, then please by destructive adulations and flattery. And lastly, such which Demetreus Phalereus advised King Ptolemy to converse with often; 
Stobeus sermone 46.  because quoth he, ibi quae amici monere non audeant Reges, ea sacile omnia possint reperire. There Kings may discover those matters themselves, which possibly their best friends sometimes dare not advise them to.  
Sir, I fear I have trespassed too far upon your patience by way of Letter already, I shall therefore for your farther satisfaction in all these particulars refer you to the ensuing discourse, detaining you here no longer than while I subscribe myself,  
Dear Sir, Your most Faithful friend and Servant Sma. Ro.   

THE Introduction.  
THE King's Debt to the Bankers, with the miserable consequences thereof, hath now (for little less than three years together) exercised the world with matter, not only of discourse, but astonishment For indeed who will not be startled to see the common Faith of a Nation violated, and a forcible breach made upon all that may be card Religious and binding, and this also in great measure, to the Ruin of Orphans and Widows, and several, even of those who with unwearied constancy resisted unto blood, and loss of whatsoever was dear unto them in defence of the Crown of England. I shall not here launch out into the story of particular cases, that Theme will be infinite, and of force to endue stones with speech, and (by a contrariety of Miracle) to overwhelm the most eloquent with silence.  
I doubt not but I have already Arrested my Reader with frequent amusements, and he is by this time impatient to know what may be the reason of all these words? and wherefore a private passenger in the Ship of the Commonwealth, should in this manner concern himself in the sailing thereof?  
I answer, First that every Subject is obliged to vindicate, and propugne the Honour and Innocency of his Sovereign; and to cast the Envies and Malignancy of Pestilent Counsels, upon the Donors and contrivers thereof, and perhaps this duty could never be more seasonably exerted then in this present Case. For I should be sorry that this Advisor (as a person of great Honour and worth, said not long since, of one of them openly) should like a Rabbit start out of his Borough, and look about him, and then run in again, and hid himself, and think no body observed him. Certainly he is no good Minister or Servant that will throw the odium of his own evil actions upon his Lord and Master.  
I answer, Secondly that all men are interressed in the safety of the Vessel they are imbarqut in, though all ought not to preside at the Helm: And pernicious Advices (like the falcities of the Turkish Koran) oftentimes gain strength by the prohibitions of disputing them. I know I shall be thought to broach a Paradox, if I should affirm that some moderate freedoms of this nature, have been sometimes Characters and marks of the happiest and most peaceable Ages of the world; and yet if this assertion be not in some measure true, 
Elay of Sedition and troubles  we must abandon faith to all History: For (as the Lord Bacon well notes) such Liberties give vent and discharge oftentimes to popular discontentments, and besides the Prince is hereby instructed in what part the Subject is pinched and grieved, when perhaps he shall attain this information no other way. And therefore Augustus Caesar (one of the happiest and greatest Prince it may be that the Sun ever saw) when he was told at any time, 
Eutropius lib. 8.  that even his own person, and his Edicts were too boldy discoursed of in Rome, 
Boterus de politia. lib. 7. c. 8.  Quod in Civitate libera, linguas quoque civium liberas esse oportere. That in a free City, the Citizen's discourse ought also to be free. And this candid profession of his, might possibly be no mean ingredient in the composition of his own felicities. Thuanus' writing to the great Henry the 4th. of France, 
Thuani Epistola ante Historiam suam ad Hen. 4. Franciae.  unto other Laudatives of that Prince's Reign, adds this, as none of the meanest. Ea est Domine rarae tuorum temporum faelieitas (saith he) in quibus unicuique sentire quae velit, & quae sentiat eloqui licet. Such (Great Sir) is the rare happiness of your times, that in them every man may think what he pleaseth, and speak what he thinketh And of the same complexion was that serene Age, in which the excellent Emperor Trajan Reigned, as Cornelius Tacitus (who was then living) affirms from whom the said Thuanus seems to have borrowed the very individual words before recited. 
Taciti Hist. lib. 1. in proemio.  I writ not this in countenance of clamour, and scurrilities against those things which I have always reverenced and held sacred; but under favour, in our present case, where all nature is big, and in travail to be delivered of speech, I hope her voice shall not be stifled and suppressed.  
Thirdly, I shall redargue this Objector, with that principle (which the Advisers of this calamity have thought so puissant) I mean exigences, and invincible necessity, a necessity of no ordinary nature neither, but of near alliance to that thing which we proverbially say breaks through stone walls, that in hard winterly weather infuseth boldness even into Brutes, that also where nature languisheth, and the means wherewith she should be supported are unjustly substracted from her. The old Comic saith well 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pecunia Anima, & sanguis est mortalibus. Money is the lise and blood of mankind. To deprive a man wrongfully then of that little money which he possesseth, what is it but to deprive him of his blood, yea of his life? I know the great and opulent men of the world cannot descend so low as to conceive how much it importeth poor men and their Families to be in a moment despoiled of all their subsistence, and to be bereaved perhaps of a few poor weatherbeaten, water-drencht Relics, which they had rescued out of the wrecks of their Fortunes in the late dreadful storm of Rebellion, but yet they may please to believe, that we are as much pain with the pressures of our Little fortunes, as they are with those of their great ones. I speak this not out of any pride I take in comparing great things with small, but only to dispose my Reader to a favourable construction of my words, if my zeal may seem to transport me beyond the bounds of decency.  
Lastly I am not altogether without hope, but that something possibly may happen to be said in this Scribble, that may conduce to the healing up this wound again. For the Physicians have a good Aphorism, Primus gradus sanitatis, est novisse morbum. The first degree of health is to know the nature of the disease.  
I know some men are apt enough to allege, that this case is the less considerable, because but a few persons are therein concerned. In this place I shall say no more, but that this Assertion is a great mistake. For first, out Money being expended for the defence of the Kingdom, it was laid out upon the public utility, and certainly it will be very disproportionable that the common advantage should be maintained by a private contribution, and upon this reason a person of great Honour and prudence not long since in an Audience of the whole Kingdom doubted not to affirm, That this concern was little less than national  
But because this may seem to many to be but a precarious and begging Argument, and being founded upon a consideration of service and advantage, some time since done, may (in this ungrateful Age) prove but of mean regard. I will therefore Secondly, demonstrate this matter to be of Epidemical concernment in point of continuing and permanent interest: In order to this, I will suppose that the King owes a Banker 1000 l. this Banker owes me the like sum, I owe as much to a third, be to a fourth, and so in infinitum, and the Banker, myself, and the third person, have little else to satisfy our Creditors than this 1000 l. which is owing severally to us. (which case may be well supposed to have happened since the stop of the Exchequer) In this case than I say, it will be most evident, that if the King never payeth the Banker, the Banker can never pay me, or I the third person, or he the fourth, so that by a necessary chain of consequences, the 4th. person and his Creditors in infinitum, are as much grieved by the King's nonpayment of the Banker, as I may self, who am the Bankers immediate Creditor. For as (I said before) money is the blood of the Body Politic, and we know if the circu●at on thereof be stopped in one Member, that blood can ne●er be transmitted to the ●eigh● ouring Vein, and thereupon not only that part, but the whole body in fine becomes Feavourish and languishant. The like may be said of Rents, Executorships, Legacies, etc. And I doubt not but every man's consideration, and the particular interests of most persons, will furnish them with infinite instances of like nature, in a very little time.  
But if this Reason prove not sufficiently praevalent in this matter, I must be enforced to go a step higher, and to say, Thirdly, That if this proceeding fall out to be an invasion of property (as I think I shall anon prove it is) than I say every individual person will be interressed in the Fate of this Cause. 
The Principal Creditors of the Bankers have been computed to a number, little inferito this. The Creditors by consequence are far more.  For by the same reason that the Rights of Ten thousand men may be violated, the Rights of Twenty thousand men may, and so in infinitum. And I think it is obvious to every man, that the public and Parliamentary Cares, and wisdom of this State have been extended in point of redressing Grievances, not only to bodies of men, in number much infeririour to ours; but oftentimes even to particular persons, where the presures have been enormous.  
This is the Answer I shall give to this Allegation at present, in the sequel of this discourse, very probably I may add more.  
These things premised, I shall now forthwith address myself to the main business. In the Argument whereof I shall observe these Gradations, or steps.  

1. First, I shall shortly put the ease (as it now stands) between the King and the Bankers.  
2. Secondly, I shall prove that by this Council of stopping payments in the Exchequer, the Subjects property is invaded at Common Law.  
3. Thirdly, that hereby it is invaded contrary to the Statute Law.  
4. Fourthly, that this Council is expressly contrary to his Majesty's gracious promises and Declarations. Printed and promulgated by His own especial command.  
5. Fifthly, I shall at large answer the grand Objection of necessity, and National danger (supposing too our fears to be at that time just) And shall prove by sundry Records and otherwise that the Subjects property is not violable but by his own consent, in cases of far greater National Danger then this was. I shall answer, the Rapines of Ed. 1. and 3d. (and because I would take up this Objection by the Roots) I shall then show what courses the Law hath provided for preservation of the Kingdom, where the danger is instant and cannot stay for a Parliament.  
6. Sixthly I shall prove that this Council is contrary to the Policies hitherto used by the wisest Foreign States of the World, in far greater Exigencies than ours. I shall answer the Objection of some Princes not repaying Money lent them by their Subjects, to retain them in better Obedience.  
7. Seventhly, I shall prove this Council to be contrary to common Reason, and in some respects to violate the Rules of Humanity. That it is pernicious to the credit of his Majesty's Exchequer. Then I shall truly state the case between Philip the 2d. of Spain and the Bankers of Genoa, and shall prove that case essentially different from ours.  
And Lastly, shall frame a Conclusion upon the whole matter.   

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 inseparably 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 satisfy 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 Customs, or any other Branch of the King's Revenues, etc. by Order Registered in the Exchequer, or by Talley of Loane, or both, and then the King (upon the Warlike 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 Council executed the Subjects property be invaded? and I clearly conceive it is.   

SECT. 2. That by this Council 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 hazard his person in he day of Butter for that which is not his own? How can the Subject ●y any Act of Boun●y ingratiate himself with his Sovereign? Neither was this Right of propriety introduc there by any Charter or Edict of Princes, but was the old Fundamental Law, 
Lambards' Archaion, Forts. de laudibus Legum Angliae. cap. 17. Dugdales Origines Jurid ciales. infinite Authorities there quoted to prove this, See there Fol. 5.6.  springing from the Original, Frame, and first Architecture of the Kingdom. There were manifest Footsteps of this Law in the British, 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 Norfolk, William the Conqueror gave the same to one Warren a Norman, of principal Quality; Shirboorn dying, his Heir showed to the Conqueror that he was his Subject, and that he ought to Inherit the said Castle and Land, by virtue of that Law which he himself had established in England. In this Case the Conqueror gave Judgement for Shirboorn against Warren, and pronounced 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 Authentic 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 custom is to pay Toll for all Cattle that shall be driven over a common Bridge, this Custom shall bind the Subject but not the King; but where a Custom is to pay Toll for all Cattle that shall be driven over a man's private Freehold, there the Custom 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 express 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 adjudged. 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 sum of money out of his Customs or any other branch of his Revenue, and his Collector hath received this Revenue; this money though at first it appertains in property to the King, yet as soon as ever the King's Creditor comes to this Collector, and shows him his Talley and Liberate, and demands payment accordingly, the property of this money (to the proportion of the Debt) by mere operation of Law, is transferred 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 sum 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. Brook ibid. 3.  
Nay in such case if the Receiver die, the Action will lie against his Executor. And therefore where the King had granted a Fee by Patent to the clerk of the Parliament to be received out of the profits of the Hanapar, and the clerk of the Hanapar died, yet adjudged that debt would well lie against his Executor, because so much of the King's 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. etc. Fitzh. Bar. 124. Ploxden 36. b. and 186. a. So if the King assign Tallies upon the Dimes (granted him by Parliament) to his Creditors, and they show them to the Collectors of the Dimes, the King is hereby discharged, and the Collecto s are charged, and the King cannot pardon the Collectors, or the Clergy which granted the Dimes. 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 die, yet the Collectors are chargeable to the King's Grantee and not to his Successor. 1. Hen. 7.8. a. per omnes Justiciaries, Brook Quinzime 7. Fitzh. Quinzime. 2. Brook Talley d' Exchequer, 5.  
Ob. Now if any man shall say to me. Sir you have abundantly proved the 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, etc. is by inevitable consequence a stop to the Bankers and their Crediors, (and so likewise their property violated) because by this Obstruction the Collector, etc. 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 world's 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 dams 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 myself of this Section.  
The Case is Mich. 1. Hen. 7. Fol. 3. b. and abridged by Fitzherbert Barr. 122. Touts les Justices fueront all White Friars pur lour Fees, etc. (saith the Book) All the Judges were assembled at White Friars to consult about the payment of their Salaries 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 Salaries, out of the first Moneys arising out of the Customs of London. And then Richard the third grants Licence 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 judges 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 designed 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 Privilege of retaining the Customs to these Merchants, yet in contemplation of Law, the Customers did still actually receive those Customs, and so were chargeable to the Judges (like the case I put before of Hen. 7.8. a. where the King remitred the Dimes to the Collector, or Clergy) and the rather in this case, because this private Licence of the Kings shall not prevail over an act of Parhament, which had secured unto them their Salaries out of the Customs, which leads me to the next position which I have proposed to assert, which is.   

SECT. 3. That by this Council 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 honour & justice, 
Plowden 398. b Earl of Leicester's case.  de que nul doit 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 Wisdom. Dum non unius aut centum folum consultorum prudentia, sed plusquam trecentorum electorum, 
Fortescue de laudebus legum Angliae. ca 8.  etc. When they are the results not of the prudence of one or two or three hundred only of the Select men of the Kingdom, but of a far greater number. In this Orb. the King like the Sun shines in the Exaltation of Majesty and grandeur, environed 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 Kingdom. 
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 Realm, 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 myself to a Statute. Law of much fresher date and memory, and designed 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 Kingdom, and given great Credit to His Majesty's 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 Foreigner, Bodies Politic or Corporate, to whom any Moneys shall be due in your Majesty's Exchequer, and shall have any Order Registered in the Office of the Auditor of the Receipt, for the payment thereof out of any branch of your Majesty's Revenue; That such person or persons, Native or Foreigner, Bodies Politic, 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 Money, to the Lender's in the Exchequer (for so are the words, Every person to whom any money shall be due in your Majesty's Exchequer etc.) and the makers of this Act, could never mean that nothing should be transferred 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 myself in point of property, 
Nit dat quod non habet  before I can transfer it to another person, so than if this Law secure this money to my Assignee, a multo fortiori to myself. 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 itself.  
First, the Inducements of this Statute appear in the preamble thereof to be. Advantage to the persons concerned. To the Trade of the Kingdom, 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 itself, I mean the money in specie, for that is it which carries the Advantage, the Trade, and the credit with it and not the Order or writings as many of us find by woeful 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 Lender's by those several Acts; why then I say that all moneys since that time Lent into the Exchequer, & charged upon any branch of the King's Revenue, are equally secured to them by this Act, and that not only first because this Act in the preamble thereof refers expressly to those other Acts; But Secondly, (than 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 enforced 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 Assigns in infinitum shall be Entitled 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 Beam 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, 
Cook's 4th. Rep. 77. a. Holland's Case. Ploughed. Lord Barkley's case, ibid. Wimbishes case.  of the which not only the Judges, but even every individual Subject of this Kingdom ought to take knowledge of course; for as the inferior 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 concerned in the present Case of the Bankers and their Creditors, now I proceed.   

SECT. 4. That this Counsel of stopping up the Exchequer, is expressly contrary to His Majesty's gracious promises, and Declarations Printed and published by His own especial Command.  
MY design all along in this discourse being to discover the pestilence and mischief of this Council, in relation as well to his Majesty as his people. I cannot with better advantage discharge myself of the Province I have undertaken in this Section, and manifest how unhandsomely 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 than their public Faiths and Declarations. This the Emperor Tiberius understood well when he said Caeteris mortalibus in eo stant concilia quod sibi conducere putant, 
Tacit. Ann. lib. 4.  principum vero, etc. Inferior persons may order their Counsels, 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 another's Oath.  
And we know that the man after God's own heart, and a King too, writeth, 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. Emperor, when he was pressed to break his word with Luther, for his safe return from Worms. 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 banished out of the world, yet it ought always to find Sanctuary in an Emperor's breast. And to this virtue even Campanella the Jesuit 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 than fidelity of promises. By this means (continues he) Alexander Farnese Duke of Parma, contained the netherlands in Obedience to Spain, 
Cicero 1 office.  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 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 Laws among his Subjects, how much more than 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, etc. 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 than what the municipal Laws of this Kingdom warrant, which say, 
Cooks 11. Rep. Magdalen College 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 Poison of this Advice, it being so apparently contrary to his Majesty's 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 preserved by myself and others, as the highest Muniments and Securities for our moneys in the Bankers hands.)  
This is styled His Majesty's 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 Royal 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. Immediately after follow these remarkable words, which Resolution we shall likewise hold firm and sacred in all Future Assignments and Securities to be by Us 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 Our Sincere Intention, but that all reasonable persons will rest satisfied, etc.  
Now I would fain know what more adequate 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, than the chaste Lucretia was guilty of incontinence, when wearied out and forced 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, 
Ront. Parl. 24. Ed. 3. part. 3. Memb. 2. in Dorso. Et Fot. Parl. 25 Ed 3. Pars 10. memb. 17.  maliciose false & rebelliter frengit etc. Because the said William Thorp had broken the King's Oath, it doth not say his own Oath, but the King's Oath, that solemn and grand obligation, which is the security of the whole Kingdom, and the knot of the Diadem, so that as the King's 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 Subject's Moneys in Churches, etc. considered and answered. What courses the Law hath provided for the preservation of the Kingdom, 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 myself) to consider, because if this Objection prove impregnable, the Council 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 minds. The Objection than 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 Laws. That it is more eligible to lop off one member from the Body Politic, or at least wise to let an Arm, or perhaps a finger thereof blood, then that the whole should be endangered, etc.  
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 ●e hath delegate● his consent. To prove this I could produce infinite Records of Parliament and other Courts, but (for brevity's sake) shall content myself with some few, doing herein like one that chooseth 5 or ● full ears 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 Writ of Error upon a judgement given in Durham in Trespass by Heyburne against Keylow, for entering his house, breaking his Chest, and taking away 70 l. in money upon a special verdict, the case was this.  
The Scots had entered the Bishopric with a formidable Army, making great burn 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 departed, 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 man's house, to search for ready Money, to make up the said sum, and that it should be repaid by the same Commonalty, and thereupon the Defendant entered 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 Writ of Error in the King's Bench, and assigns error in point of Law, and there the Judgement was reversed, 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 public 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 possessed themselves of the Isle of Wight, besieged Winchelsy, and at length entering 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 of England, the Realm being thus beset both by Sea and Land with the united puissance of two mighty Kingdoms, and like a Candle burning at both ends, the public Treasure also exhausted; a great Council was forthwith called 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, than Lord Chancellor, 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 Council met, and considering the great danger the Kingdom was in, and how money might be raised for the Common Defence, which could not wait the delay of a Parliament, and how the King's 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 supplied 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 Subject's 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 book of Statutes 31. Herald 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 terror and amazement all over the Christian world, this administered 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 Kingdom; this King (though standing as much upon his prerogative as any of his Predecessors) to provide against the like sudden 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 Council, 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 man's life, or property, Lands or Goods should be touched or impeached] so than though the Royal Power was thus corroborated by this Statute, yet the Parliament took care, that no man's Life or Property should be ravished from him. However notwithstanding the said Restriction, this Statute was thought inconvenient, and thereupon repealed soon after, in 1. Ed. 6. cap. 12.  
This Kingdom never laboured under a juster fear than in the Year 88 when it was assailed by that invincible Armada, or Sea-Gyant (as the Lord Bacon 
* His War with Spain.  calls it) and yet every man's 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 pulled 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 etc. 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 eye & evilibet de communitate Civitatis praedictae id quod ad nos pertinet de prostratione praedicta, etc. We Pardon as much as in us lies, etc. 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 Coke. 12. Rep. 63.  If the Ferryman may justify to throw my Goods overboard to lighten the Vessel, it must be upon an instant Tempest, and inevitable peril; but if the Ferryman 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, 
Coke 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 than that which attained the name of Parliamen 'em 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 sentenced by them principally for declaring in a Sermon (which he afterwards Printed) that the King in Cases of imminent danger to the Kingdom, 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 chief applied 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 King's 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 subsistence of the King, People, and Religion to be in instant danger, that his majesty's Coffers were exhausted, that the supply could not stay for a Parliament, that the King upon his Accession to the Crown, found himself engaged 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 Council 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 cancelled, and shortly after it was cancelled by the King, and thereupon brought so cancelled into the Lord's 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 than this. If it be Law, why may I not vouch it? If it be not, why is it not Repealed? why doth it still cumber our Statute Books?  
I am hearty sorry to have had so invincible an occasion administered 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 Council. 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 contemned. Neither have I here (I hope) invaded the just Regalities of his Sacred Malesty (for which no person hath an higher veneration than myself) but rather confirmed them. 
1. Resusuta●i. fol. 65.  For (as Sir Francis Bacon then Attorney General said) whilst the Prerogative runs within its ancient and proper Banks, the main Channel thereof is so much the stronger, for Overflows (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 Precedent there) and advise him to consider the case of Normandy. That Duchy had be●●●●● some time raked with Exactions contrary to their Franchise and Customs, and thereupon complain to Lewis the 10th. the than French King, he by his Charter in the year 1314. recognising the Right & Privileges 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 necessity grand ne le requiret, Unless 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 than the carcase 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 Abbeys, and ravishing the Treasure of the Subject for Supply of their Wars.  
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 counterbalance 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 Tax 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 writ) 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) maintained great Wars, and obtained a larger Dominion than pertained at any other time to this Realm of England, and notwithstanding never demanded Subsidy of his Subjects; 
Speed, Baker, Hayward's 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 sum in those days!  
It is notorious also that Queen Mary did by her Letters Patents, of her mere 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 confirmed 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 Laws 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 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) laid this outrage much to heart, and that before his Royal Palace at Westminster, environed with infinite numbers of his people, thither by him purposely summoned, and being raised upon an Ascent or Pedestal, the better to be heard and seen, 
Lib. 3. cap. 9 columna 2510.  the Prince, Archbishop 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 entreated 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 ask pardon for what he had done (a passionate transport of a Prince that before that time had rendered himself redout table among the Saracens as well as the French, and that had triumphed 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 forced 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 Council (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 inquire what things had been forcibly taken by his Officers, out of the Churches or else where, from the Clergy or laity, 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 return a ceaux, qe le damage ont receu (saith the Record) And that those things that were forced away might be returned to them that had received the damage, and to punish the parties offending, which 
* Pat. 26. Ed. 1. Memb. 21. inquirendo super gravaminibus popu lo Regnifacti etc.  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 happened not to be restored or satisfied by virtue 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 sums of money in all the Abbeys, 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 sums 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 Father's 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 concur 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 produced very beneficial Laws 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 always with singular Resentments. As appears by his Letter (extant upon Record) to John Stratford then Archbishop 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 wars, and desires the Archbishop 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 enforced 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 sudden Danger, the Kingdom may be lost before the Parliament can supply.  
Sol. To this I answer, That all Wars are either Offensive or Defensive. If it be Offensive, it cannot be sudden, 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 majesty's good will and pleasure. If it be a Defensive War by Foreign invasion, which I shall (to avoid Cavil) agreed may be sudden (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 Foreign Invasion, than 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 Kingdom 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 dragged and haled to their own preservation; I say then the Law hath provided, that in case of Foreign invasion, every Subject within the Land, high or low, whether he hold of the King or not, may be compelled 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 (lest any man should doubt hereof) will only point where they may be found.  
Common Law, see 7. H. 4. Brook Tenors 44. & 73. Fitch. Protection 100 Coke 7. Re. 7. b. calvin's case. 2 Rolls Title Imposition 165. etc. 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. etc.  
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, & quoth nullue remaneat qui Arma portare possit sub nomine 
* Base Cowardice or Turwail so the glossaries  Culvertagij, & perpetuae servitutis etc.  
The other is upon a French invasion too, designed against this Kingdom 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 quoscunque de dictō ducatu cujuscunque status seu conditionis fuerint arraiari, & quemlibet eorum iuxta statum & faculates suas, Equitaturis & Armit competentibus muniri etc.  
I shall conclude this Section with a case of very recent Memory, and of singular Notoriety throughout the whole Kingdom, I mean that of the Conflagration of our Ships by the  not many years passed in the River of Chatham. There prevailed at that time an universal jealoufy among the people that upon this occasion some sudden 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 expressed there to be. First, Lest the Credit of the Bankers (who had been so useful to the King) might be weakened. Secondly, Lest the King's Securities might be undervalved. Lastly, Lest in consequence the public Safety might be endangered. Now all that I shall say is this. That (of what value 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 appeared to have been of so politic 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 public safety so little by him consulted. Idem manens idem, semper facit idem.  
I have at length discharged myself of this grand and Colossus Objection, in how tolerable measure I must leave to the Candour of my intelligent Reader; But if it happen that I have herein given a substantial and effective answer thereunto, I dare say this pernicious Council 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 declined so sublime and important an Argument, if the nature of this discourse had not (much against my own inclination) compelled me to the contrary.   

SECT. 6.  
That this Council is contrary to the Policies that have been practised heretofore by the wisest Foreign States of the World, in far greater Exigencies than ours. The Objection (of Princes not repaying money lent them by their Subjects to keep them in better Obedience) Answered. The inconvenience that happened 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, etc. in this interval.  
ALL men agree that Rome (whether Monarchical or Republic) 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 Achievements 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 straighter duress or pinch then after their dismal defeat at the Battle of Cannae, for than had Hannibal 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 exhausted.  
In this Extremity Levinus and Marcellus the Consuls declare forthwith by Edict, That each private person of such an Estate (and so others proportionably) should furnish out a Soldier at their own charge for thirty days. Ad id-edictum (saith Livy) Tantus fremitus hominum, 
Livii. Lib. 26.  tantaque 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 combustion: 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 compelled to give that, which they had not to give: And this and much more they spoke, not in corners, but even in the Marketplace, and in the hearing of the very Consuls themselves. In so great an Agony of the Body Politic, 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, etc. Let us ourselves that be Senators first bring into the public 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 Commonwealth, 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 sharp for priority of registering names, that the Exchequer had hardly Books and Clerks enough to enter the particulars. 
Bodin de Repub. lib. 6. ca 2d Aerario.  Bodine commenting upon this prosperous Council, 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 itself, the Senate, though the public 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 partan victoriam etc. That after Victory obtained, 
Livii Lib. 26. & Lib. 31. Boden Lib. 6. cap. 2.  and the Carthaginians discomfited, the Senate had decreed the Repayment of every Lender's 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) fugatusque ab host, 
Boterus de politia Illusterium etc. Lib. 7. ca 3.  etc. Ladislaus Duke of Naples being vanquished 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 than wise, faith that Author) to effect this by imposition of new and unusual 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 breathe after with a warmer zeal then that you should follow a Council, 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, myself with some other of your servants (who are to run the same Risks 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, etc. saith Boterus. A most prudent Council 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 divers from this. Augustus Caesar had sudden 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 than the Empire of the World. Augustus (being young, and instigated by evil Council) 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 approached 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 delays 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 hazardous mistake, that ever after he abandoned all Counsels of this Nature. And unto that degree that in the last twenty years of his Reign, he laid out upon the Public Benefits and Emoluments of the Commonwealth (as Seutonius writes) little less than Quater decies Millies 
* See for this valuation Budaens de Ass. 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: Besides 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 Usuries Decoyed vast sums of their Subjects Moneys into their Exchequers, and forborn afterwards to repay them, 
Life of Augustus bound up with plutarch 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. He quidem tolerabilia viderentur (saith he) Si quod Regibus nostris persuasum erat, Civitates, obsequy & fide majore, acceptis mutuo pecuniis, devincire potuissent, sed nullis temporibus graviores in Gallia tumultus, aut plures Civitatum defectiones, extiterunt. These Counsels had been tolerable (saith he) if as these State-Mountebanks would persuade our Kings, the people by this deteiner of their Money would have been contained in better Obedience, but alas, there were never more dangerous Tumults in France, or more frequent Revolts of Cities known, then in those very times. 
Essays.   
All States have tolerated 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 Moneys should be cramped and discouraged: Therefore consideration for Moneys lent bathe been entertained (as the Scripture saith) of the Judaical Divorces) for the Hardness of men's 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, etc. That a great Rabble of Informers risen up against those persons which took excessive Usury, and thereupon every man calling in his Debts, on a sudden 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 caused 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 concerned will notwithstanding sustain infinite damage, in point of irreparable loss of those opportunityes of advantageous Bargains, Marriages, and sundry other particulars, which in this interval save been offered unto them.   

SECT. 7.  
That this Council 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 Majesty's Exchequer. The case between Philip 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 Philip to make speedy payment of that Debt.  
IT is a Rule that hath prevailed 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 Council happen to be weighed in this Balance it will prove light, for as it is plain that the Defence of the Kingdom was an utility to the whole, so it is as evident that the charge thereof was fastened upon a Part. What is this but as if the States of Holland should impose the expense of defending their Country 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 Fens, 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 Kingdom, and upon many of those glorious Worthies which maugre all the Temptations and menaces of wicked men preserved their Virgin Loyalty chaste 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, 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 showers. But this Advice, what was it but to draw up the Tears of Orphans and Widows, the milk of helpless Babes, the sweat of the Labourers brow, and the heart blood of several poor loyalists, (among others) to fertilitate the Lands of many persons which (not to say worse) wallow in all Afluence and Riches? 
Amos 3.12. compared with 2 Sam. 12.2.  Or (if I may use a Scripture Metaphor) to take two Legs, or a piece of an Ear of a Lamb, which we had rescued out of the Jaws of the 
* Cromwell Sequestrators, Committee men's decimators, &c  Lion, 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 Kingdom, 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 Council may have upon his Majesty's Exchequer, in all likelihood they cannot prove very propitious and benign. 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 Check. 
Lord herbert's H. 8.  For (as a great Author 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 Herbert's 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 importuned 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 than these, etc. 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 pursue the Pestilence of this Council in this particular (it being so obvious to the meanest understanding) but shall now state the Case between Philip 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 Emperor of Germany, had for a long season revolved 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 occasion served with the greater facility Transport his Armies out of Spain through this Territory into Italy. In order to this, sundry Experiments had he made, which yet by the jealousies of that people were always readred improsperous. Charles (being as he was a Prince of prodigious Subtlety) falls upon new Counsels, 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 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. This Emperor dying, Philip his Son, after his Father's 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 bands no less than 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  Birds were now very secure, and Sat fair, and there wanted nothing but the drawing the Net. Thereupon King Philip (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 misreckoning in the Accounts, and a while after insisted that he had heretofore paid them more Interest money than 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 public 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 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 Philip was not exerted upon Children and Subjects, but upon a Foreign 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 Feat, was by a curious Legerdemain juggled upon his Holiness, and King Philip to all outward appearance rendered innocent thereof: 
Helin's Cosmograph.  This Debt (saith Peter Heylin) was cut off by the Pope's Authority, that so King Philip 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 Usury. 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, etc. It was thought very pleasant and ridicule that not only the Genoeses but Philip also should be interdicted, he, because he took money to Usury, 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 satisfied, 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 Jesuit a man of infinite subtlety, 
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 vigour, not only advise, but importune King Philip with all speed to pay this Debt to the Genoeses. Lest 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.   

The Conclusion.  
I shall (I hope) auspiciously take the rise of my Conclusion from two memorable Records. The one relating to Widows and Orphans, the other to those Worthies who with their Lives and Fortunes had many years ago propugned 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 proxime ante Festum beati Edwardi, Anno Regni Regis Henrici tertii 34. venit Dominus Rex cum suo Concilio ad scaccarium & ibidem proprio ore praecepit omnibus vicecomitibus Angliae, 
InterCommunia termino Mich. 35. Hen. 3. in Officio Remen. Thes. in Scac. Rot. 2. Intus. praeceptum Doms. Regis  tunc ibidem existentibus. Imprimis quod modis omnibus observarent & manutenerent libertates sanctae Ecclesiae, & similiter manutenerent Pupillos Orphanos, & viduas & celerem eis justiciam exhbierent, etc. Here we have, it Registered in the Records of Fame, that the glorious King Henry the Third, came in his own person into his Court of Exchequer, environed with his Illustrious Councillors, 
Prov. 29.14.  and there with his own mouth gave it in charge to all the Sheriffs of England. That in the first place (next after holy Church) they should Defend the Orphans and Widows, and do unto them speedy Justice.  
The other Record is that of 11. 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 Grandfather, 
Rot. Parl. 11. Hea. 6. Memh 6. cock 54th. Inst ●6. Rot. Parl. 8. Hen. 6. Memb. 11.  Father and Himself, to the intent that such of them (I shall give you the very words of the Record) which are without any Livelihood, or 
* Reward.  Guerdon, and so in great mischief and necessity, and some but easily Guerdoned, and nought like to their Desert and Service, may, when Offices and Benefices fall, have them conferred upon them, etc. 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 Fortanes, as these persons before us were of receiving their Guerdons and Rewards. I do never without a secret exaltation of Mind consider this following Memoire that I find of Aug sius Caesar: upon the Defeat (saith my Author) of Mark Antony 〈…〉 famous Battle of Actium, Augustus commenced Emperor of the World, 
vita Octavis Augusti, bound up in Plutarch's Lives.  some few yeaas after, a certain old Soldier (that in this Battle had done ●●●sar good service) happened to be impleaded for his Life before his Imperiat Majesty, and the Senate; The Soldier implores Caesar (then present) to help him in this Disiress, Caesar recommended him to an able Adoccate, the routh Soldier not contented with this, forthwith rips open his bosom, and exposing to the view of the whole Court the marks of the Wounds which he had received at the said Battle of Actium; These wounds (quoth he) O Caesar have I received on my mangled body in thy defence, and subs●●uted no Deputy in my place! Augustus hereupon (overwhelmed with the Passionateness of this Action) presently stood up and pleaded the Soldiers Cause himself, and carried it. An Action certainly well beseeming an Emperor of the World! And are there not many miserable persons concerned 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, received in the Battles of Edgehil, Newberry, Nasby, Worcester, and indeed where not? And shall we imagine that our Caesar (a Prince of such eminent 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 yearn with Compassion towards us. Neither is the Delay of Payment hitherto any Defect in His Majesty's innate Justice, but an Excressence and unhappy superfetation of the first pernicious Council of Shutting the Exchequer; to think otherwise were to blaspheme the greatest sweetness of Nature in the world, And to profane that Illustrious Prince, of whom no man ever yet formed a thought, but his mind was presently filled with the Idea of all that is Great, and Just.  
For my part I am no Projector, and I have always in my own Nature abhominated all Vermin of that kind; But yet me thinks it is not impossible to design a Course how to pay off this Debt of the Bankers, and that by ways not only practicable and Legal, but Grateful also to the Kingdom.  
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, 
Matth. 12.3 and 4.  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. 
Stamfords' Pleas of the Crown.  And the Law of this Land acquits the person that steals viands to pacify the present Languishments of nature. Where the purturbations of the Judgement and Reason are so great, as in presumption of Law, man's Nature cannot overcome, such necessity carrieth a Privilege in itself; 
Ld. Bacon's Maxims of Law, pa. 29.  (saith not 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 Ruin or Happiness are imbarcked.  
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 persons in my condition, until they have first represented our Cases to themselves, as their own.  
Protesting in the last place that I have written nothing but with a mind at all times ready to sacrifice the Body it dwells in to the Honour and Safety of my Gracious Sovereign and his Kingdoms, And upon that glorious account, prepared always to suffer more, than He or They deserve; that advised His Majesty to the stopping the Exchequer.  
Illud omnium maximè tenendum erit a Princip●, ut fortunis alienis temper atum fuisse cognoscatur: Nam citius parentum cadem oblivioni dant Homines; quam Fortunarum suarum direptione●.  Nic. Machiavelli princeps, Cap. 17.   

His Majesty's Declaration To all His Loving Subjects, to preserve Inviolable the Securities by Him given for Moneys, and the due Course of Payments thereupon in the Receipt of the EXCHEQUER.  
WHereas We are given to understand, That divers of Our good and Loyal Subjects, Goldsmiths and others, who have advanced to Us great Sums of Money for the Public Service, which are sufficiently secured unto them upon several Branches of Our Revenue, and other moneys arising by several late Acts of Parliament, have upon occasion taken from the late Attempt of the Dutch Fleet, and the false Reports spread thereof, been pressed in an unusual manner, with many sudden Demands by their Creditors, for present Payment, through Fears and Apprehensions; which may weaken the Credit of Our said Subjects, 
☜  who have been so useful to Us bring an undervalue on Our said Securities, and in consequence endanger the Public Safety in this present Conjunctur: We have therefore thought fit (as well for satisfying the minds of our good Subjects, whose fears so transported them to call for their moneys in such a manner; as for the allaying such Jealousies and misapprehensions as may be taken up by those concerned in the said Securities) to Declare, as we do hereby declare, that as the Course of Payments in our Exchequer hath hitherto been punctual, and according to the due Order, even in this time of disturbance and interruption of Payments amongst our Subjects; so Our steadfast resolution for preserving inviolable to all such Our good Subjects, who have Lent or Advanced any moneys for Our service as aforesaid, All and every the Securities and Assignments any ways made by Us for and towards the Repayment and satisfaction of the said several sums of money: 
☞  And that We will not upon any occasion whatsoever permit or suffer any Alteration, Anticipation, or Interruption to be made of our said Subjects Securities; but that they shall from time to time receive the Moneys so secured unto them, in the same Course and Method, as they were charged, 
☞  and aught to be satisfied. Which resolution we shall likewise hold firm and sacred, in all Future Assignments and Securities to be by Us Granted upon any other Advance of Money by any of our Subjects upon any Future Occasion for Our Service. And we cannot doubt upon the publishing this our Royal Word and Declaration of our sincere Intention, but that all reasonable persons will rest satisfied that their fe●●s were causeless, & their respective Interests in no danger at all, and that no evil can happen to them on this Occasion; since the Securites by Us to them given being inviolable, we doubt not but that our said Subjects will satisfy every person both their Principal and Interest, as they have formerly done with untainted Reputation. And of this our Declaration we straight charge and Command our High Chancellor of England, the Lords Commissioners of our Treasury, the Chancellor and Under-Treasurer of our Exchequer, and all other our Officers and Ministers whatsoever whom it doth or may concern, to take notice and duly to observe the same, as they will be answerable to Us at their utmost perils.  
Given at Our Court at whitehall, this 18th. day of June 1667. And in the Nineteenth year of Our Reign.   

THE Postscript TO THE Letter.  
THus (Sir) I have (as you see according to the Model of my weak Talon) discovered the Enormity and pernicious Influences of this Advice, I ●ake God to witness I have done this, without the least Malice or Design against any man's person, of what Degree or Quality soever; Indeed if any man shall come from behind the Curtain & with a bare & open face shall say I am the Man that gave this Advice. That person I must confess (and only that person) hath not escaped my Animadversions, and from him only, and no body else I hope I can with Reason, expect Reproof. And then let all Mankind judge, whether of the two is more to be blamed, he that hath lead his Prince out of the old via Regia or King's high way, into by and untrodden Paths, unknown to the Law, and to walk upon Precipices, or he that hath given an honest Alarm or Outcry of this evil Dealing.  
The Lord Treasurer Burleigh (under whose old English Counsels this Kingdom flourished, and became formidable to all the world, 
Cottoni posthuma p. 313.  and one perhaps that better understood the Genius and temper of this Nation then this Advisor) was used to tell his Queen. Madam (says he) Win Hearts and you'll be sure of Hands and Purses. 
vita Dionise.  And Dion (in Plutarch) doth admonish the Son of King Dionysius. That the Love of the subject (obtained by virtue and Justice) is the strongest guard and security of a Prince.  
The great God of Heaven and Earth and my own Conscience will be my Compurgators and Witnesses, that whatever I have said in this Discourse, I have done it with a most ardent and passionate Desire of the Prosperity of my dread Sovereign, and an unfeigned Love to my dear Countrymen, and to raise and enkindle (as well as I could) an universal Disposition in this Kingdom towards the Payment of this Debt; That thereupon so considerable a part of the English Nation (as are concerned with the Bankers) may not be overwhelmed with an inevitable Ruin, and that so great a Member thereof may not be ravished and torn limbmeal from the Body of this Commonwealth.  
I shall probably be thought by some persons to have prosecuted this Argument with a warmer Zeal than became me, and to have sallied out sometimes perhaps into Extravagancies and Inconsideration: I can only Reply, that the Authors and Testimonies by me vouched, are Authentic, and of approved Credit, and by me truly and carefully quoted, That after I have sacrificed my Person and Fortunes to mine Allegiance in the Late Rebellion; no man I hope will suppose that I should now become Apostate or Renegado to so glorious a Cause, That Necessity, and the want of a man's own, are spurs sharp and invincible; And Lastly that I have been actuated all along in this Discourse with no other Impulses of mind, than those which loosened the Tongue of the Dumb Son of King Croesus, when he saw a Soldier ready to offer violence to his Father crying out, It is the King! At whose Royal Feet I am always ready upon Occasion to lay down my Life, together with that poor Mite or Fragment of Estate, which the Rebbeiss and this Advisor have left me: Praying (in the Scripture Language) That God would strike through the Loins of all them that hate His Majesty, but that upon his own Head his Crown may for ever flourish.  
I am Sir your most Affectionate Servant, S. R.   

Errata.  
Reader,  
Some faults thou art desired to amend, which by reason of the absence of the Author, and haste, have escaped the Press. As in the third page of the Letter in the first sheet, Line 18. for irradicated read irradiated, etc. The Poyntings also in many places are to be amended.  
FINIS.