The Struggle for Sovereignty. Группа авторов
against the State. It is not lawfull for the King to demand monies as monies, but it is lawfull to demand monies under another wrong name, and under this wrong name all former Lawes and Liberties shall be as absolutely cancelled, as if they had beene meere cobwebs, or enacted only out of meere derision. If former laws made to guard propriety of goods were just, and grounded upon good reason, why are they by this grosse fallacy, or childish abuse defeated. If they were not just, or reasonable, what needs such a fond subtiltie as this? Why should not they bee fairely avoided by Law? Why were they made at all? But be this invention what it will, yet wee see it is new; if it be quashed, the State is but where it was, we are still as our Ancestors left us; and since our preceeding Kings never heretofore put it in use in the most necessitous calamitous times, we may from hence infer, that the plea of State necessitie falls off of itselfe; if we admit not of this innovation, then the State suffers not; but if wee admit it, no necessity being of it, wee can frame no other reason for our so doing, but that our former franchises and priviledges were unjust, and therefore this way they must bee annulled. Some of our Judges doe prove, that if this were a personall service, yet it were void; and they cite the case of Barges, and Ballingers vessells, built truly for warre in time of imminent danger, and yet these charges upon complaint made by the Subject, were revoked, and disclaimed. But here in this case many other enormities and defects in Law are, for if ships bee intended to be built in Inland Countries, a thing impossible is injoined; and if monies be aimed at, that very aime is against Law: and if the Kingdome were to be disfranchised, it were not to bee done by an illegall way.
Besides, in the Writ, in the Assessement, in the Sheriffe’s remedie against recusants of it, in the execution of Law, by, or after Judgement, many inconveniences, errors, and mischiefes arise many wayes: and sure take the whole case as it is, and since the Creation no whole Kingdome was ever cast in such a cause before.
Besides, though the Judges ought wholly to have bent themselves upon this, to have proved this a personall service, and no pecuniary charge, they have roved after necessity, presumption of Law, and Prerogative, and scarce said anything at all hereof.
My Lord Bramston argues very eagerly, that personall services by Sea and Land are due to the King in cases of extremity, and all their records, cases, and precedents prove no more, and that men may be arrayed, and ships pressed, and that sumptibus populi;19 but there is nothing proved that the meere raising of monies in this case, is a personall service. J. Jones indeed argues to this purpose: If the Law intrust the King with so great a power over men’s persons, why not over their estates? There is cleare reason for the contrary: because the King, if he should abuse men’s personall aides, could not inrich or profit himselfe thereby, and we know it is gaine and profit, it is Auri sacra fames20 which hath power over the breasts of men. It is not ordinary for Tyrants to imbattaile hoasts of men, and make them charge upon the Sea-billowes, and then to gather up Cockles and Piwinckle shells in lieu of spoile, as one did once. But the world abounds with stories of such Princes, as have offended in abusing their power over men’s estates, and have violated all right divine and human, to attaine to such a boundless power.
Good Kings are sometimes weake in coveting boundlesse power; some affect rivality with God himselfe in power, and yet places that power in doing evill, not good: for few Kings want power to doe good, and therefore it misbecomes not sometimes good Subjects to be jealous in some things of good Kings. But J. Jones farther sayes, that Ships must be built, and without money that cannot be done: ergo. This necessity hath beene answered, and disproved already: and I now adde, that for the good of the Kingdome there is more necessity that Ship-money bee damned than maintained. Such unnaturall slavery seems to mee to bee attendant upon this all-devouring project, and such infamy to our Ancestors, our Lawes, and ourselves, nay and such danger to the King and his posterity, that I cannot imagine how any forraigne conquest should induce anything more to be detested and abhorred.
Those Kings which have beene most covetous of unconfined immoderate power, have beene the weakest in judgement, and commonly their lives have beene poore and toilsome, and their ends miserable, and violent: so that if Kings did rightly understand their owne good, none would more shunne uncontrollable absolutenesse than themselves.
How is the King of France happy in his great Prerogative? or in that terrible style of the King of Asses? Wee see that his immoderate power makes him oppresse his poore Pesants, for their condition is most deplorable, and yet set his power aside, and there is no reason why he should not be as a father to cherish them, as a God to comfort them, not as an enemy to impoverish them, as a tormentor to afflict them.
2. His oppression makes him culpable before God: he must one day render a sad account for all the evill which hee hath imposed, for all the good which he hath not procured to them. That the Vicegerent of God should doe the office of a tyrant, will be no light thing one day.
3. His sinne makes him poore: for were his Pesants suffered to get wealth and enjoy it, the whole land would be his treasury, and that treasury would containe twice as much as now it doth.
4. His poverty makes him impotent, for money being the sinewes of warre, how strong would his joints be, if all his subjects were abounding in money, as doubtlesse they would, if they wanted not liberty, and propriety? Besides, poverty depresses the spirit of a Nation: and were the King of France, King of an Infantery, as he is only of a Cavalry, were he a King of men, as he is only of beasts, had he a power over hearts as he hath over hands, that Country would be twice as puissant as it is.
5. His impotence, together with all other irregularities, and abuses is like to make his Monarchy the lesse durable. Civill wars have ever hitherto infected and macerated that goodly Country, and many times it hath been near its ruine. It now enjoys inward peace, but it doth no great exploits abroad, nor is ever likely to doe, unlesse by practising upon the distemper of other Nations. Should some other Prince practise in the like manner upon that, and propose liberty to the grieved people, much advantage might be taken: but these avisoes would better proceed from that most heroick, most terrible, most armipotent Churchman, which effects such great wonders here. Wee see hence that Princes by some gaine lose, as the whole body pines by the swelling of the spleene. We see that Rehoboam catcht at immoderate power, as the dog in the fable at a shadow, but instead of an uncertain nothing, he let fall and lost a certaine substance; and yet flatterers have scarce any other baite than this shadow of immoderate power, whereby to poison the phantasies of weake humours, undiscerning rash Princes.
My humble motion therefore is: First, that the judgement given in the Chequer Chamber for Ship-money, may bee reversed, and damned, as contrary to the right of the Subject.
Secondly, that those Judges which adhered to equity and integrity in this case, might have some honourable guerdon21 designed them.
Thirdly, that some dishonourable penalty may bee imposed upon those Judges which ill advised the King herein, and then argued as Pleaders, not as Judges; especially if any shall appeare to have solicited the betraying of the Kingdome.
Fourthly, that the meaning of our Lawes & Charters, may bee fully and expresly declared, and the force and vertue of Statutes and publicke Grants, may be vindicated from all such exceptions and objections as have beene particularly or generally made against them.
Fifthly, that a clearer solution may bee given in the foure maine points stirred, how farre prerogative is arbitrary and above Law; and how farre naturall allegeance bindes to yeeld to all demands not of Parliament: next, how the King is sole Judge of danger, as that his meere cognizance thereof shall be sufficient, though there be no appearance or probability thereof. Next, how a necessity of publicke ruine must bee concluded now, if Ship-money be not levied, when no such ruine hath been formerly, when this new plot was not devised. Lastly, how this Ship-scot pretending ships, but intending money, and really raising the same, can bee said to bee no pecuniary tollage within our Statutes, but a meere personall service.
Sixthly, that any Officers, or Ministers of State, which shall attempt to lay the like taxes hereafter upon the Subject, by vertue of the like void warrants, may be held and taken as Felons, or Traitors, or forcible Intruders.
Seventhly, that something may be inacted against forraigne or domesticall Forces also, if they shall be congregated for the like purposes;