It is not sufficient for Judge Jones to say that it is proprium quarto modo4 to a King, and an inseparable naturall prerogative of the Crowne to raise monies without assent, unlesse he first prove that such prerogative bee good and profitable for the people, and such as the people cannot subsist at all without it: nay such as no Nation can subsist without it. This word Prerogative has divers acceptions: sometimes it is taken for the altitude of Honour, sometimes for the latitude of Power. So wee say the prerogative of an Emperour is greater, than that of a King and that of a King, greater than that of a Duke, or petty Potentate: and yet of Kings we say that the King of Denmarke has not so great a Prerogative as the King of England, nor the King of England, as the King of France, &c. For here though their honor and title be the same, yet their power is not. Sometimes Prerogative signifies as much as Soveraignty, and in this generall consideration, wee say, that all supreame commanders are equall, and that they all have this essentiall inseparable Prerogative, that their power ought to be ample enough for the perfection, and good of the people, and no ampler: because the supreame of all human lawes is salus populi. To this law all lawes almost stoope, God dispences with many of his lawes, rather than salus populi shall bee endangered, and that iron law which wee call necessity itselfe, is but subservient to this law: for rather than a Nation shall perish, any thing shall be held necessary, and legal by necessity. But to come to the Prerogative of England, and to speake of it in generall, and comparatively; wee say it is a harmonious composure of policy, scarce to be parralled in all the world, it is neither so boundlesse as to oppresse the people in unjust things, nor so straite as to disable the King in just thinges. By the true fundamentall constitutions of England, the beame hangs even between the King and the Subject: the King’s power doth not tread under foot the people’s liberty, nor the people’s liberty the King’s power. All other Countries almost in Christendome, differ from us in this module of policy: some, but very few, allow a greater sphere of Soveraignty to their Princes; but for the most part now adays the world is given to republists, or to conditionate and restrained forms of government. Howsoever wee ought not to condemne any Nation as unjust herein, though differing from us; for though they seem perhaps very unpolitick, yet it is hard to bee affirmed that God and Nature ever ordained the same method of rule, or scope of royalty to all States whatsoever. Besides what dislike soever wee take at other regiments, yet except it bee in very great excesses or defects, wee must not thinke change always necessary, since custome in those great and generall points obtaines the force of another nature & nature is not to be changed. Divines of late have been much to blame here in preaching one universall forme of government as necessary to all Nations, and that not the moderate, & equall neither, but such as ascribes all to Soveraignty, nothing at all to popular libertie. Some Lawyers also and Statesmen have deserved as ill of late, partly by suggesting that our English lawes are too injurious to our King; and partly by informing, that this King is more limited by law than his Progenitors were, & that till hee be as the King of France is Rex Asinorum,5 hee is but a subject to his subjects, and as a Minor under the command of guardians: but what hath ensued out of the King’s jealousy of his subjects, and overstraining his prerogative? Nothing but irreparable losse, and mischiefe both to King and Commonwealth. And indeed the often and great defections, and insurrections, which have happened of late, almost all over Europe,6 may suffice to warne all wise Princes, not to overstrain their Prerogatives too high; nor to give care to such Counsellors as some of our Judges are, who affirme our King’s Prerogative to be in all points unalterable, and by consequence not depending upon law at all. By an other exception of this word Prerogative in England, we mean such law here establisht as gives the King such and such preeminences, and priviledges: before any subject, such as are not essentiall to royalty, but may be annulled by the same power, by which they were created. That a King shall defend and maintaine his subjects, is a duty belonging to the Office, not a priviledge belonging to the Crowne of a King; this obligation nature lays upon him, and no other power can dissolve it. Also that subjects shall afforde aide, and joine with their Princes in common defence, is a duty arising from the allegiance of the people, and not an honor redounding only to the Prince; nature’s law hath made this a tie not to be changed, or infringed: for that which is annexed by an eternall superiour power cannot be made severable, by a temporall human power. But that such an Emperour, King or Potentate, shall have such or such aid, and compell it by such or such meanes, at such or such times, as to the particular modes and circumstances of his aid, particular municipall Lawes must direct; and these it would be as dangerous to alter, as it is absurd to hold unalterable. In a Parliament held by King James, it was debated, whether or no Tenures in Capite,7 and allowance of Perveyors8 might bee repealed and divided from the Crowne; and it was held that by no Act or Statute they could bee taken away, because they were naturally inherent to the Crowne.
This resolution seemes very strange to me, since the Law of Tenures and Purveyors is not so naturall and essentiall to Monarchy, that it cannot or may not subsist without it. For if in other Countries it bee held a meere politicall way, perhaps an inconvenient thing, then why may not the