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A63931 The case of the bankers and their creditors stated and examined by the rules of lawes, policy, and common reason, as it was inclosed in a letter to a friend / by a true lover of his King and country, and a sufferer for loyalty. Turner, Thomas, d. 1679. 1674 (1674) Wing T3335; ESTC R23756 39,443 46

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to be made that the King for the time being with the Advice of his Councel two Bishops two chief Justices and divers others might by His Proclamation make Ordinances for punishing offences and imposing penalties which should have the force of a Law but with this proviso that thereby no mans life or property Lands or Goods should be toucht or impeacht so then though the Royal Power was thus corroborated by this Statute yet the Parliament took care that no mans Life or Property should be ravisht from him However notwithstanding the said Restriction this Statute was thought inconvenient and thereupon repealed soon after in 1. Ed. 6. cap. 12. This Kingdome never laboured under a juster fear then in the Year 88. when it was assaild by that invincible Armada or Sea-Gyant as the Lord Bacon * His War with Spain calls it and yet every mans Right was then preserved inviolable Nay the Queen was so tender in that particular that as our Historians say She gave Express Order that not so much as an Ear of Corn should be burnt Cambden in vita Elizab. 1588. or other Goods of her Subjects devastated until the Enemy had actually Landed and was even upon the very point of possessing the● himself And therefore where the case of 8. Ed. 4. of plucking down the Suburbs of a City without the consent of the owners in time of War is Law 8. Ed. 4. it must be understood of an actual Invasion of the Enemy when the danger is in potentia proxima and the Fire ready to take And this manifestly appears by the Record of 11. Edw. 2. where the Mayor and Citizens of Dublin puld down the Suburbs of that City Claus 11. Ed 2. Memb. 19 Dorso pro majore civibus Dublin but it was saith the Record Super imminentem hostilem irruptionem scottorum inimicorum infra Hiberniam pro salvatione Civitatis praedictae ne dictis inimicis ad Civitatem praedictam facilior pateret ingressus c. And yet this Corporation neither would not trust to this point of Law but for their better security procured the King's Pardon which yet was cautiously enough drawn for it was Pardonamus eis euilibet de communitate Civitatis praedictae id quod ad nos pertinet de prostratione praedicta c. We Pardon as much as in us lies c. as appears by Pat. de anno 12. Edw. 2. Memb. 30. intus de pardonacione pro majore Civibus Dublin And so of the case of Gravesend Barge Mich. 6. Jacobe Cokes 12. Rep. 63. If the Ferry-man may justify to throw my Goods over-board to lighten the Vessel it must be upon an instant Tempest and inevitable peril but if the Ferry-man shall say I see a Cloud yonder my Masters its like to be a great storm and thereupon shall throw them over I doubt that is not at all justifiable in Law I shall now draw nearer our own times Cokes 3d Inst 3. and present you with a Triumvirate of precedents to say nothing of the Petition of Right in one and the self same Parliament no less then that which attain'd the name of Parliamen um Benedictum I mean that of 3. Caroli primi First the Judgement of the two Houses in that Parliament in Dr. Manwarings case Rushw Hist Collect. 3. Carol who was sentenc'd by them principally for declaring in a Sermon which he afterwards Printed that the King in Cases of imminent danger to the Kingdome might without Parliament Levy Money upon the Subject There were other collateral charges against him its true but this was the principal Journal of both Houses and to this he chiefly applyed his Defence and would have excused this Assertion by limiting it only to Cases of National Extremity but that would not serve his turn he himself submitting and the Sentence afterwards affirmed by the Kings Proclamation for suppressing the Book The second is the Commission for Loane Rushw Hist Collect 3. Caroli to carry on the War for the Palatinate in which was suggested the safety and very subsistance of the King People and Religion to be in instant danger that his Majestie 's Coffers were exhausted that the supply could not stay for a Parliament that the King upon his Accession to the Crown found himself ingaged in this War and that by advice in Parliament which I think may deserve some remark and only lending a little Money for prevention required Now I would fain know what suggestions could have possibly been more substantial or persuasive But because this course was compulsary and without consent these Commissions in the same Parliament were resolved to be illegal and so consented to be by his Majesty Poultons Statutes 3. Car. 1. cap 1. and so declared a little after in the same Parliament in the Petition of Right The third is the Commission of Excise issued to 33. Rushw Hist collect 30. Car. Lords and others of the Privy Councel in which they are commanded to raise Moneys by impositions or otherwise as in their judgements they shall find to be most convenient The Suggestions here were for the most part the same with those in the above mentioned Commission of Loane and yet adjudged by both Houses contrary to Law and the Lords desired his Majesty that this Commission of Excise might be canceld and shortly after it was canceld by the King and thereupon brought so canceld into the Lords House by the Lord Keeper and by the Lords so sent to the Commons In the last place I shall cite the Statute of 17. Car. 1. cap. 14. For the Reversal of the Judgement in the case of the Ship-writs I am not willing as well of brevity as other reasons to recite this Statute at large but I dare engage that no man shall read that Law but will say it is a most direct Judgement in the point against the violation of propriety in case of National danger If any man however shall for reasons best known to himself Arraign or Calumniate this Act of Parliament I shall say no more then this If it be Law why may I not vouch it If it be not why is it not Repeald why doth it still cumber our Statute Books I am heartily sorry to have had so invincible an occasion administred to me here of disturbing the Rest of these sleeping Muniments of propriety but this presumption also must be added to the black train of those Calamities which follow this pernicious Councel It is but natural to mankind to bring in what Arguments they can to preserve their undoubted Rights Juvenal Saty. 3. versus 152. especially when irritated by that unhappy Thing which renders men not only miserable but as the Poet saith Ridicule and contemn'd Neither have I here I hope invaded the just Regalities of his Sacred Malesty for which no person hath an higher veneration then my self but rather confirm'd them 1. Resusuta●i fol. 65. For as