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A10373 The prerogative of parlaments in England proued in a dialogue (pro & contra) betweene a councellour of state and a iustice of peace / written by the worthy (much lacked and lamented) Sir W. R. Kt. ... ; dedicated to the Kings Maiesty, and to the House of Parlament now assembled ; preserued to be now happily (in these distracted times) published ... Raleigh, Walter, Sir, 1552?-1618. 1628 (1628) STC 20649; ESTC S1667 50,139 75

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Commons of the Clergy in the South hee had the tenth penny and in the North the fift penny In the two and thirtyeth yeare he had a subsedy freely graunted In the three and thirtyeth yeare hee confirmed the great Charter of his owne Royall disposition and the states to shew their thankfulnesse gaue the king for one yeare the fift part of all the revenues of the land and of the Citizens the sixt part of their goods And in the same yeare the king vsed the inquisition called Traile Baston By which all Iustices and other Magistrates were grievously fined that had vsed extortion or bribery or had otherwise misdemeaned themselues to the great contentation of the people This commission likewise did enquire of intruders barrators all other the like vermine whereby the king gathered a great masse of treasure with a great deale of loue Now for the whole raigne of this king who governed England 35 yeares there was not any Parliament to his preiudice COVNS But there was taking of armes by Marshall and Hereford IVST That 's true but why was that because the king notwithstanding all that was giuen him by Parliament did lay the greatest taxes that ever king did without their consent But what lost the king by those Lords one of them gaue the king all his lands the other dyed in disgrace COVNS But what say you to the Parliament in Edward the Seconds time his successor did not the house of Parliament banish Peirce Gaueston whom the king favoured IVST But what was this Gaueston but an Esquier of Gascoine formerly banisht the Realme by king Edward the first for corrupting the Prince Edward now raigning And the whole kingdome fearing and detesting his venemous disposition they besought his Maiesty to cast him off which the king performed by an act of his owne and not by act of Parliament yea Gauestons owne fatherinlawe the Earle of Glocesterw as one of the Chiefest of the Lords that procured it And yet finding the kings affection to follow him so strongly they all consented to haue him recalled After which when his credit so increased that hee despised and set at naught all the auncient Nobility and not onely perswaded the king to all manner of outrages and riots but withall transported what he listed of the kings treasure and jewels the Lords vrged his banishment the second time but neither was the first nor second banishment forced by acte of parliament but by the forceable Lords his enemies Lastly hee being recalled by the king the Earle of Lancaster caused his head to bee stricken off when those of his party had taken him prisoner By which presumptuous acts the Earle and the rest of his company committed treason and murder treason by raysing an army without warrant murder by taking away the life of the kings subiect After which Gaveston being dead the Spencers got possession of the kings favour though the younger of them was placed about the K. by the Lords themselues COVNS What say you then to the Parliament held at London about the sixt yeare of that king IVST I say that king was not bound to performe the acts of this parliament because the Lords beeing too strong for the king inforced his consent for these be the words of our own history They wrested too much beyond the boūds of reasō CONS What say you to the Parliaments of the white wands in the 13 th of the king IVST I say the Lords that were so moued came with an army and by strong hand surprised the King they constrained sayth the story the rest of the Lords and compelled many of the Bishops to consent vnto them yea it sayth further that the king durst not but graunt to all that they required to wit for the banishment of the Spencers Yea they were so insolent that they refused to lodge the Queene cōming through Kent in the Castle of Leedes and sent her to prouide her lodging where shee could get it so late in the night for which notwithstanding some that kept her out were soone after taken and hang'd and the refore your Lordship cannot call this a Parliament for the reasons before alleaged But my Lord what became of these Lawgiuers to the king even when they were greatest a knight of the North called Andrew Herkeley assembled the Forces of the Countrey ouerthrew them and their army slewe the Earle of Hereford and other Barons tooke their generall Thomas Earle of Lancaster the Kinges cozen-germane at that tyme possessed of fiue Earledomes the Lords Clifford Talbort Mowbray Maudiut Willington Warren Lord Darcy Withers Kneuill Leybourne Bekes Louell Fitzwilliams Watervild and diverse other Barons Knights and Esquires and soone after the Lord Percy and the Lord Warren tooke the Lords Baldsemere and the Lord Audley the Lord Teis Gifford Tuchet and many others that fled from the battaile the most of which past vnder the hands of the hangman for constraining the King vnder the colour and name of a Parliament But this your good Lordship may iudge to whom those tumultuous assemblies which our histories falsely call Parliaments haue beene daungerous the Kings in the end ever preuailed and the Lords lost their liues estates After which the Spencers in their banishment at Yorke in the 15 th of the King were restored to the honors and estates and therein the King had a subsedy giuen him the sixt penny of goods throughout England Ireland and Wales COVNS Yet you see the Spencers were soone after dissolued IVST It is true my Lord but that is nothing to our subiect of Parliament they may thanke their owne insolencie for they branded despised the Queene whom they ought to haue honored as the Kings wife they were also exceeding greedy built thēselues vpon other mens ruines they were ambitious exceeding malitious wherevpon that came that when Chamberlaine Spencer was hang'd in Hereford a part of the 24 th Psalme was written over his head Quid gloriaris in malitia potens COVNS Well Sir you haue all this while excused your selfe vpon the strength and rebellions of the Lords but what say you now to King Edward the third in whose time and during the time of this victorious king no man durst take Armes or rebel the three estates did him the greatest affront that euer king receiued or endured therefore I conclude where I began that these Parliaments are dangerous for a king IVST To answere your Lordship in order may it please you first to call minde what was giuen this great king by his Subjects before the dispute betwixt him and the house happened which was in his latter dayes from his first yeare to his fift yeare there was nothing giuen the king by his subjects In his eight yeare at the Parliament at London a tenth and a fifteenth was graunted in his tenth yeare hee ceased vpon the Italians goods heere in England to his owne vse with all the goods of the Monkes Cluniacqs and others of the order of the Cistertians
the subsedy Bookes wee found the summe but smal whē the 30 ● men were left out In the beginning of his fourth yeare a tenth with a fifteene vvere granted vpon condition that for one vvhole yeare no subsedies should bee demaunded but this promise vvas as suddenly forgotten as made for in the end of that yeare the great subsedy of Poll mony vvas granted in the Parliament at Northampton COVNS Yea but there follovved the terrible Rebellion of Baker Straw and others Leister Wrais and others IVST That vvas not the fault of the Parliament my Lord it is manifest that the subsedy giuen vvas not the cause for it is plaine that the bondmen of England began it because they vvere grieuously prest by their Lords in their tenure of Villenage as also for the hatred they bare to the Lavvyers Attorneyes for the story of those times say that they destroyed the houses Mannors of men of lavv and such Lavvyers as they caught slevv them beheaded the Lord chiefe Iustice which commotion being once begun the head mony was by other Rebels pretended A fire is often kindled with a litle straw which oftentimes takes hold of greater timber consumes the whole building And that this Rebellion was begun by the discontented slaues whereof there haue beene many in Elder times the like is manifest by the Charter of Manumission which the King granted in haec verba Rich. Dei gratia c. Sciatis quòd de gratia nostrâ spirituals manumissimus c. to which seeing the King was constrained by force of armes hee revoked the letters Pattents and made them voide the same revocation being strengthened by the Parliament ensuing In which the King had giuen him a subsedy vpon wools called a Maletot In the same fourth yeare was the Lord Treasurer discharged of his Office and Hales Lord of S Iohns chosen in his place In his fift yeare was the Treasurer againe changed and the Staffe giuen to Segraue and the Lord Chancellour was also changed and the staffe giuen to the Lord Scroope Which Lord Scroope was againe in the beginning of his sixt yeare turned out and the King after that he had for a while kept the Seale in his own hand gaue it to the Bishop of London from vvhom it vvas soone after taken bestovved on the Earle of Suffolke vvho they say had abused the king and converted the kings Treasure to his ovvne vse To this the King condiscended and though saith Walsingham he deserued to loose his life and goods yet he had the fauor to goe at liberty vpō good sureties because the K. vvas but yong that the reliefe granted vvas committed to the trust of the Earle of Arundell for the furnishing of the Kings Navy against the French COVNS Yet you see it vvas a dishonor to the K. to haue his beloued Chancellour remoued IVS. Truly no for the K. had both his fine 1000 lāds a subsedy to boot And though for the present it pleased the K. to fancy a man all the vvorld hated the K s passiō ouercōming his Iudgmēt yet it cānot be cal'd a dishonor for the K. is to belieue the general coūsel of the kingdom to prefer it before his affection especially vvhen Suffolk vvas proued to be false euen to the K for were it otherwise loue and affection might bee called a frenzie and a madnesse for it is the nature of humane passions that the loue bredde by fidelity doth change it selfe into hatred when the fidelity is first changed into falshood COVNS But you see there were thirteene Lords chosen in the Parliament to haue the oversight of the government vnder the King IVS No my Lord it was to haue the oversight of those Officers which saith the Story had imbezeled lewdly wasted and prodigally spent the Kings treasure for to the Cōmission to those Lords or to any six of them joyn'd with the Kings Counsell was one of the most royall and most profitable that euer he did if hee had bin constant to himself But my good Lord man is the cause of his own misery for I wil repeate the substance of the commission granted by the K confirmed by Parliament which whether it had bin profitable for the K. to haue prosecuted your Lordship may judge The preamble hath these words Whereas our Sovereigne Lord the King perceiveth by the greivous complaints of the Lords Commons of this Realme that the rents profits revenues of this Realme by the singular and insufficient Councell and evill gouernment aswell of some his late great Officers and others c. are so much withdrawen wasted eloyued giuen granted alienated destroyed and evill dispended that he is so much impoverished and void of treasure and goods and the substance of the Crown so much diminished and destroyed that his estate may not honorably be sustained as appertayneth The K. of his free will at the request of the Lords and Commons hath ordayned Williā Archbishop of Canterbury and others with his Chancellour Treasurer keeper of his privy seale to survey and examine as well the estate and governance of his house c. as of all the rents and profits and revenues that to him appertayneth and to be due or ought to appertaine and be due c. And all manner of gifts graunts alienations and confirmations made by him of lands tenements rents c. bargained and sold to the preiudice of him and his Crowne c. And of his iewels goods which were his Grandfathers at the time of his death c. and where they be become This is in effect the substance of the commission which your Lordship may reade at large in the booke of Statutes this commission being enacted in the tenth yere of the Kings reigne Now if such a commission were in these daies granted to the faithfull men that haue no interest in the sales gifts nor purchases nor in the keeping of the jewells at the Queenes death nor in the obtaining graunts of the Kings best lands I cannot say what may be recouered justly recovered and what say your Lordship was not this a noble acte for the King if it had beene followed to effect COVNS I cannot tell whether it were or no for it gaue power to the Commissioners to examine all the graunts IVST Why my Lord doth the King graunt any thing that shames at the examination are not the Kings graunts on record COVNS But by your leaue it is some dishonour to a King to haue his judgement called in question IVST That is true my Lord but in this or vvhensoever the like shall be graunted in the future the Kings judgement is not examined but their knavery that abused the K. Nay by your favour the contrary is true that vvhen a King will suffer himselfe to bee eaten vp by a company of petty fellowes by himselfe raised there in both the judgement and courage is disputed And if your Lordship vvill disdaine it at your own servants