when imminent danger is, and this defence hath alwayes beene held effectuall enough, it is consequent that if hee be not destitute of competent Aid in present distresses, he cannot pretend a greater necessity in dangers more remote, when they are but suspected or perhaps pretended only.
My Lord Bramston sayes here, that there is a necessity of preventing a necessity: and that the Sea is part of the Kingdome, and therefore of necessity to bee guarded as the kingdome. The answer is, That the safety of the Kingdome does not necessarily depend upon the Ship-scot, and so this necessity being removed, the necessity grounded upon this, falls off of itselfe. For if the Kingdome may escape ruine at hand when it is a storme, without Ship-money, it may much more escape it afar off, being but a cloud. But grant the Sea to be a part of the Kingdome to some purposes, yet how is it a part essentiall, or equally valuable, or how does it appeare that the fate of the Land depends wholly upon the dominion of the Sea? France subsists now without the regiment of the Sea, and why may not we as well want the same? If England quite spend itselfe, and poure out all its treasure to preserve the Seigniory of the Seas, it is not certaine to exceed the Navall force of France, Spaine, Holland, &c. And if it content itselfe with its ancient strength of shipping, it may remaine as safe as it hath formerly done. Nay I cannot see that either necessity of ruine, or necessity of dishonour can bee truly pretended out of this, that France, Spaine, Holland, &c. are too potent at Sea for us.
The dominion of the seas may be considered as a meer right, or as an honour, or as a profit to us. As a right it is a theme fitter for schollers to whet their wits upon, than for Christians to fight and spill bloud about: and since it doth not manifestly appeare, how or when it was first purchased, or by what law conveyed to us, wee take notice of it only as matter of wit and disputation. As it is an honour to bee masters of the sea, and to make others strike saile to us as they passe; it’s a glory fitter for women and children to wonder at; than for Statesmen to contend about. It may bee compared to a chaplet of flowers, not to a diadem of gold: but as it is a profit to us to fence and inclose the sea, that our neighbours shall not surprise us unawares, it’s matter of moment, yet it concernes us but as it doth other Nations. By too insolent contestations hereupon, wee may provoke God, and dishonour ourselves; we may more probably incense our friends, than quell our enemies, wee may make the land a slave to the sea, rather than the sea a servant to the land. But I pray Master Selden to pardon me for this transition, and I returne my matter. If the Kingdome could not possibly subsist without Ship-money in such a danger, yet there is no necessity that the King should be so sole Judge of that danger, as that he may judge therein contrary to the opinion, and perhaps knowledge of other men. I allow the King to be supreame, and consequently sole Judge in all cases whatsoever, as to the right, and as to the diffusion of Judgement; but as to the exercise, and restraint of judgment, he is not, nor ought not to be accounted sole Judge. In matters of Law the King must create Judges, and swear them to judge uprightly, and impartially, and for the subject against himself, if law so require; yea though hee bee of contrary judgement himselfe, and by his Letters sollicite the contrary. The King’s power is as the disgestive faculty in nature, all parts of the body contribute heat to it for their owne benefit, that they may receive backe againe from it a better concocted and prepared supply of nourishment, as it is their office to contribute, so it is the stomacke’s to distribute.
And questionlesse sole judgement in matters of State, does no otherwise belong to the King, than in matters of Law, or points of Theology. Besides, as sole judgement is here ascribed to the King, hee may affirme dangers to be foreseene when he will, and of what nature he will: if he say only, Datum est nobis intelligi,13 as he does in this Writ, &c. To his sole indisputable judgement it is left to lay charges as often and as great as he pleases. And by this meanes, if he regard not his word more than his profit, hee may in one yeare draine all the Kingdome of all its treasure, and leave us the most despicable slaves in the whole world.
It is ridiculous also to alledge, as J. Jones does, that it is contrary to presumption of Law to suspect falsity in the King: for if Law presume that the King will not falsly pretend danger to vexe his subjects, of his owne meere motion, yet no Law nor reason nor policy will presume, that the King may not be induced by misinformation to grieve the people without cause. The Sunne is not more visible than this truth, our best Kings, King Charles, King James, Queene Elizabeth, and all the whole ascending line, have done undue illegall things at some times, contrary to the rights and Franchises of England, being misinformed, but having consulted with the Judges, or States in Parliament, they have all retracted, and confessed their error. Nay there is nothing more knowne, or universally assented to than this, that Kings may be bad; and it is more probable and naturall that evill may bee expected from good Princes, than good from bad. Wherefore since it is all one to the State, whether evill proceed from the King mediately or immediately, out of malice, or ignorance. And since wee know that of all kindes of government Monarchicall is the worst, when the Scepter is weilded by an unjust or unskilfull Prince, though it bee the best, when such Princes as are not seduceable (a thing most rare) reigne, it will bee great discretion in us not to desert our right in those Lawes which regulate and confine Monarchy, meerly out of Law-presumption, if wee must presume well of our Princes, to what purpose are Lawes made? and if Lawes are frustrate and absurd, wherein doe we differ in condition from the most abject of all bondslaves?
There is no Tyranny more abhorred than that which hath a controlling power over all Law, and knowes no bounds but its owne will: if this be not the utmost of Tyranny, the Turkes are not more servile than we are and if this be Tyranny, this invention of ship-money makes us as servile as the Turkes. We must of necessity admit, that our Princes are not to be misse-led, and then our Lawes are needlesse; or that they may be misse-led, and then our Lawes are useless. For if they will listen to ill counsell, they may be moved to pretend danger causlesly; and by this pretence defeate all our lawes and liberties, and those being defeated, what doth the English hold, but at the King’s meere discretion, wherein doth he excell the Captive’s condition? If we shall examine why the Mohametan slaves are more miserably treated, than the Germans, or why the French Pesants are so beggarly, wretched, and beastially used more than the Hollanders, or why the people of Milan, Naples, Sicily are more oppressed, trampled upon, and inthralled than the Natives of Spaine? there is no other reason will appeare but that they are subject to more immoderate power, and have lesse benefit of law to releeve them.
In nature there is no reason, why the meanest wretches should not enjoy freedome, and demand justice in as ample measure, as those whom law hath provided for: or why Lords which are above law should bee more cruell than those which are more conditionate. Yet we see it is a fatall kind of necessity only incident to immoderate power, that it must be immoderately used: and certainly this was well known to our ancestors, or else they would not have purchased their charters of freedome with so great an expence of bloud as they did, and have endured so much so many yeares, rather than to bee betrayed to immoderate power, and prerogative. Let us therefore not bee too carelesse of that, which they were so jealous of, but let us look narrowly into the true consequence of this ship-scot, whatsoever the face of it appeare to be. It is vaine to stop twenty leakes in a ship, and then to leave one open, or to make lawes for the restraint of royalty all other ways, that it may not overflow the estates of the Commonalty at pleasure, and yet to leave one great breach for its irruption.
All our Kings hitherto have been so circumscribed by law, that they could not command the goods of their subjects at pleasure without common consent. But now if the King bee but perswaded to pretend danger, hee is uncontroleable Master of all we have, one datum est intelligi, shall make our English Statutes like the politick hedge of Goteham, and no better. I doe not say that this King will falsifie, it is enough that we all, and all that we have are at his discretion if he will falsifie, though vast power be not abused, yet it is a great mischiefe that it may, and therefore vast power itselfe is justly odious, for divers reasons. First, because it may fall into the hands of ill disposed Princes, such as were King John, Henry the third, Edward the second, Richard the second. These all in their times made England miserable, and certainly had their power beene more unconfineable, they had made it more miserable. The alterations of times doe not depend upon the alteration of the people, but of Princes: when Princes are good it fares well with the people, when bad ill. Princes often vary, but the people is always the same in all ages, and capable of small, or no variations. If Princes