Crown the ornaments thereof And it is an infalliable maxime that he that loves not his Majesties estate loves not his person COUNS. How came it then that the act was not executed IUST Because these against whom it was granted perswaded the King to the contrary as the Duke of Ireland Suffolk the chief Iustice Tresilian and others yea that which was lawfully done by the King and the great Councell of the kingdome was by the mastery which Ireland Suffolk and Tresilian had over the Kings affections broken and disavowed Those that devised to relieve the King not by any private invention but by generall Councell were by a private and partiall assembly adjudged traitors and the most honest Iudges of the land enforced to subscribe to that judgement In so much that Iudge Belknap plainly told the Duke of Ireland and the Earl of Suffolk when he was constrained to set his hand plainly told these Lords that he wanted but a rope that he might therewith receive a reward for his subscription And in this Councell of Nottingham was hatched the ruine of those which governed the King of the Iudges by them constrained of the Lords that loved the King and sought a reformation and of the King himself for though the King found by all the Shrieves of the shires that the people would not fight against the Lords whom they thought to bee most faithfull unto the King when the Citizens of London made the same answer being at that time able to arme 50000. men and told the Major that they would never fight against the Kings friends and defenders of the Realme when the Lord Ralph Passet who was near the King told the King boldly that he would not adventure to have his head broken for the Duke of Irelands pleasure when the Lord of London told the Earle of Suffolk in the Kings presence that he was not worthy to live c. yet would the King in the defence of the destroyers of his estate lay ambushes to intrap the Lords when they came upon his faith yea when all was pacified and that the King by his Proclamation had clear'd the Lords and promised to produce Ireland Suffolk and the Archbishop of Yorke Tresiltan and Bramber to answer at the next Parliament these men confest that they durst not appear and when Suffolk fled to Callice and the Duke of Ireland to Chester the King caused an army to be leavied in Lancashire for the safe conduct of the Duke of Ireland to his presence when as the Duke being encountered by the Lords ranne like a coward from his company and fled into Holland After this was holden a Parliament which was called that wrought wonders In the Eleventh year of this King wherein the fornamed Lords the Duke of Ireland and the rest were condemned and confiscate the Chief Iustice hanged with many others the rest of the Iudges condemned and banisht and a 10. and a 15. given to the King COUNS. But good Sir the King was first besieged in the Tower of London and the Lords came to the Parliament and no man durst contradict them IUST Certainly in raising an army they committed treason and though it appear that they all loved the King for they did him no harm having him in their power yet our law doth construe all leavying of war without the Kings commission and all force raised to be intended for the death and destruction of the King not attending the sequell And it is so judged upon good reason for every unlawfull and ill action is supposed to be accompanied with an ill intent And besides those Lords used too great cruelty in procuring the sentence of death against divers of the Kings servants who were bound to follow and obey their Master and Soveraigne Lord in that he commanded COUNS. It is true and they were also greatly to blame to cause then so many seconds to be put to death seeing the principalls Ireland Suffolk and York had escaped them And what reason had they to seek to enform the State by strong hand was not the Kings estate as dear to himself as to them He that maketh a King know his errour mannerly and private and gives him the best advice he is discharged before God and his own conscience The Lords might have â—â—tired themselves when they saw they could not prevail and have left the King to his own wayes who had more to lose then they had IUST My Lord the taking of Arms cannot be excused in respect of the law but this might be said for the Lords that the King being under yeares and being wholly governed by their enemies and the enemies of the kingdome and because by those evil mens perswasions it was advised how the Lords should have been murthered at a feast in London they were excusable during the kings minority to stand upon their guard against their particular enemies But we will passe it over go on with our parliaments that followed whereof that of Cambridge in the Kings 12th year was the next therein the King had given him a 10th and a 15th after which being 20. yeares of age rechanged saith H. Kinghton his Treasurer his Chancellour the Iustices of either bench the Clerk of the privy seal and others and took the government into his own hands He also took the Admirals place from the Earl of Arundell and in his room he placed the Earl of Huntingdon in the yeare following which was the 13th year of the K. in the Parliament at Westminster there was given to the King upon every sack of wooll 14s and 6d in the gound upon other Merchandise COUNS. But by your leave the King was restrained this parliament that he might not dispose of but a third part of the money gathered IUST No my Lord by your favour But true it is that part of this mony was by the Kings consent assigned towards the wars but yet left in the Lord Treasurers hands and my Lord it would be a great ease and a great saving to his Majesty our Lord and Master if it pleased him to make his assignations upon some part of his revenewes by which he might have 1000l upon every 10000l and save himself a great deale of clamour For seeing of necessity the Navy must be maintained and that those poor men as well Carpenters as ship-keepers must be paid it were better for his Majesty to give an assignation to the Treasurer of his Navy for the receiving of so much as is called ordinary then to discontent those poor men who being made desperate beggars may perchance be corrupted by them that lye in wait to destroy the Kings estate And if his Majesty did the like in all other payements especially where the necessity of such as are to receive cannot possible give dayes his Majesty might then in a little rowle behold his receipts and expences he might quiet his heart when all necessaries were provided for and then dispose the rest at his pleasure And my good Lord
Lord rather to be commended as preparing against all danger of Innovation COUNS. It should be so but call your observation to accompt and you shall find it as I say for indeed such a jealousie hath been held ever since the time of the Civill wars over the Military greatness of our Nobles as made them have little will to bend their studies that wayes wherefore let every man provide according as he is rated in the Muster Book you understand me IUST Very well my Lord as what might be replyed in the perceiving so much I have ever to deal plainly and freely with your Lordship more fear'd at home popular violence then all the forreine that can be made for it can never be in the power of any forraigne Prince without a Papisticall party rather to disorder or endanger his Majesties Estate COUNS. By this it seems it is no lesse dangerous for a King to leave the power in the people then in the Nobility IUST My good Lord the wisdome of our own age is the foolishnesse of another the time present ought not to be preferr'd to the policy that was but the policy that was to the time present so that the power of the Nobility being now withered and the power of the people in the flower the care to content them would not be neglected the way to win them often practized or at least to defend them from oppression The motive of all dangers that ever this Monarchy hath undergone should be carefully heeded for this Maxime hath no posterne Potestas humana radicatur in voluntatibus hominum And now my Lord for King Edward it is true though he were not subject to force yet was he subject to necessity which because it was violent he gave way unto it Potestas saith Pithagoras juxta necessitatem habitat And it is true that at the request of the house he discharged and put from him those before named which done he had the greatest gift but one that ever he received in all his dayes to wit from every person man and woman above the age of fourteen years 4d of old mony which made many Millions of Groats worth 61. of our mony This he had in generall besides he had of every benificed Priest 12d And of the Nobility and Gentry I know not how much for it is not set down Now my good Lord what lost the King by satisfying the desires of the Parliament house for assoon as he had the money in purse he recalled the Lords and restored them and who durst call the King to accompt when the Assembly were dissolued Where the word of a King is there is power saith Ecclesiasticus who shall say unto him what doest thou saith the same Author for every purpose there is a time and judgement the King gave way to the time and his judgement perswaded him to yeeld to necessity Consularius nemo melior est quam tempus COUNS. But yet you see the king was forc'd to yeeld to their demaunds JUST Doth your Lordship remember the saying of Monsier de Lange that he that hath the profit of the war hath also the honour of the war whether it be by battaile or retreate the King you see had the profit of the Parliament and therefore the honour also what other end had the King then to supply his wants A wise man hath evermore respect unto his ends and the King also knew that it was the love that the people bare him that they urged the removing of those Lords there was no man among them that sought himself in that desire but they all sought the king as by the successe it appeared My good Lord hath it not been ordinary in England and in France to yeeld to the demaunds of rebels did not King Richard the second graunt pardon to the outragious rogues and murtherers that followed Iack Straw and Wat Tâ—ler after they had murthered his Chancellor his Treasurer Chief Iustice and others brake open his Exchequer and committed all manner of outrages and villanies and why did he do it but to avoid a greater danger I say the Kings have then yeelded to those that hated them and their estates to wit to pernicious rebels And yet without dishonour shall it be called dishonour for the King to yeeld to honest desires of his subjects No my Lord those that tell the King those tales fear their own dishonour and not the Kings for the honour of the King is supreame and being guarded by Iustice and piety it cannot receive neither wound nor stain COUNS. But Sir what cause have any about our King to fear a Parliament IUST The same cause that the Earle of Suffolke had in Richard the seconds time and the Treasurer Fartham with others for these great Officers being generally hated for abusing both the King and the Subject at the request of the States were discharged and others put in their roomes COUN And was not this a dishonour to the King IUST Certainly no for King Richard knew that his Grandfather had done the like and though the King was in his heart utterly against it yet had he the profit of this exchange for Suffolke was fined at 20000 markes and 1000l lands COUNS. Well Sir we will speak of those that fear the Parliament some other time but I pray you go on with that that happened in the troublesome raigne of Richard the second who succeeded the Grandfather being dead IUST That King my good Lord was one of the most unfortunate Princes that ever England had he was cruell extreame prodigall and wholly carryed away with his two Minions Suffolk and the Duke of Ireland by whose ill advice and others he was in danger to have lost his estate which in the end being led by men of the like temper he miserably lost But for his subsedies he had given him in his first year being under age two tenths and two fifteenes In which Parliament Alice Peirce who was removed in King Edwards time with Lancaster Latimer and Sturry were confiscate and banished in his second year at the Parliament at Glocester the King had a marke upon every sack of Wooll and 6d the pound upon wards In his third year at the Parliament at Winchester the Commons were spared and a subsedy given by the better sort the Dukes gave 20 markes and Earles 6 markes Bishoppes and Abbots with myters six markes every marke 35. 4d and every Knight Iustice Esquire Shrieve Person Vicar Chaplaine paid proportionably according to their estates COUNS. This me thinks was no great matter IUST It is true my Lord but a little mony went far in those dayes I my self once moved it in Parliament in the time of Queen Elizabeth who desired much to spare the Common people I did it by her Commandement but when we cast up the subsedy Books we found the summe but small when the 30l men were left out In the beginning of his fourth year a tenth with a fifteen were granted upon
Commissioners which because one of the Aldermen refused to pay he was sent for a souldier into Scotland He had also another great subsedy of six shillings the pound of the Clergy and two shillings eight pence of the goods of the Laity and four shillings the pound upon Lands In the second yeare of Edward the sixt the Parliament gave the King an aid of twelve pence the pound of goods of his Naturall subjects and two shillings the pound of strangers and this to continue for three yeares and by the statute of the second and third of Edward the sixt it may appear the same Parliament did also give a second aid as followeth to wit of every Ewe kept in severall pastures 3d of every weather kept as aforesaid 2d of every sheep kept in the Common 1d ob The House gave the King also 8d the pound of every woollen cloath made for the sale throughout England for three years In the third and fourt of the King by reason of the troublesome gathering of the poly money upon sheep and the tax upon cloath this act of subsedy was repeal'd and other relief given the King and in the seventh yeare he had a subsedy and two fifteens In the first yeare of Queen Mary tunnage and poundage were granted In the second yeare a subsedy was given to King Philip and to the Queen she had also a third subsedy in Annis 4. 5. Eliz. Reg Now my Lord for the Parliaments of the late Queens time in which there was nothing new neither head money nor sheep money nor escuage nor any of these kinds of payments was required but onely the ordinary subsedies and those as easily graunted as demanded I shall not need to trouble your Lordship with any of them neither can I inform your Lordship of all the passages and acts which have passed for they are not extant nor printed COUNS. No it were but time lost to speak of the latter and by those that are already remembred we may judge of the rest for those of the greatest importance are publick But I pray you deal freely with me what you think would be done for his Majesty If he should call a Parliament at this time or what would be required at his Majesties hands IUST The first thing that would be required would be the same that was required by the Commons in the thirteenth yeare of Hen. the eight to wit that if any man of the commons house should speak more largely then of duty he ought to do all such offences to be pardoned and that to be of record COUNS. So might every Companion speak of the King what they list IUST No my Lord the reverence which a Vassall oweth to his Soveraigne is alwaies intended for every speech howsoever it must import the good of the King and his estate and so long it may be easily pardoned otherwise not for in Queen Elizabeths time who gave freedome of speech in all Parliaments when Wentworth made those motions that were but supposed dangerous to the Queens estate he was imprisoned in the Tower notwithstanding the priviledge of the house and there died COUNS. What say you to the Scicilian vespers remembred in the last Parliament IUST I say he repented him heartily that used that speech and indeed besides that it was seditious this example held not The French in Scicily usurped that Kingdome they neither kept law nor faith they took away the inheritance of the Inhabitants they took from them their wives and ravished their daughters committing all other insolencies that could be imagined The Kings Majesty is the Naturall Lord of England his Vassals of Scotland obey the English Laws if they break them they are punished without respect Yea his Majesty put one of his Barons to a shamefull death for being consenting onely to the death of a Common Fencer And which of these ever did or durst commit any outrage in England but to say the truth the opinion of packing the last was the cause of the contention and disorder that happened COUNS. Why sir do you not think it best to compound a Parliament of the Kings servants and others that shall in all obey the Kings desires IUST Certainly no for it hath never succeeded well neither on the kings part nor on the subjects as by the Parliament before-remembred your Lordship may gather for from such a composition do arise all jealousies and all contentions It was practized in elder times to the great trouble of the kingdome and to the losse and ruine of many It was of latter time used by King Henry the eight but every way to his disadvantage When the King leaves himself to his people they assure themselves that they are trusted and beloved of their king and there was never any assembly so barborus as not to answer the love and trust of their King Henry the sixt when his estate was in effect utterly overthrown and utterly impoverished at the humble request of his Treasurer made the same known to the House Or other wise using the Treasurers own words He humbly desired the King to take his Staffe that he might save his wardship COUNS. But you know they will presently be in hand with those impositions which the King hath laid by his own Royall Prerogative IUST Perchance not my Lord but rather with those impositions that have been by some of your Lordships laid upon the King which did not some of your Lordships fear more then you do the impositions laid upon the Subjects you would never disswade his Majesty from a Parliament For no man doubted but that his Majesty was advised to lay those impositions by his Councell and for particular things on which they were laid the advice came from petty fellows though now great ones belonging to the Custome-House Now my Lord what prejudice hath his Majesty his Revenue being kept up if the impositions that were laid by the generall Councell of the Kingdome which takes off all grudging and complaint COUNS. Yea Sir but that which is done by the King with the advice of his private or privy Councell is done by the Kings absolute power IUST And by whose power it is done in parliament but by the Kings absolute power Mistake it not my Lord The three Estates do but advise as the privy Councell doth which advice if the King imbrace it becomes the Kings own Act in the one and the Kings Law in the other for without the Kings acceptation both the publick and private advices be but as empty Egg shels and what doth his Majesty lose if some of those things which concerns the poorer sort to be made free again and the Revenue kept up upon that which is superfluous Is it a losse to the King to be beloved of the Commons If it be revenue which the King seeks is it not better to take it of those that laugh then of those that cry Yea if all be conten to pay upon moderation change of the Species Is it
and barbarous people they are to be perswaded to withdraw and unite themselves into severall Colonies that by it an interchangeable communication and commerce of all things may more commodiously be had and that they may so live together in civilitie for the better succour and welfare of one another And thereby they may more easily be instructed in the Christian Faith and governed under the Magistrates and ministers of the King or other superiour power under whom this Râ—so that on is sought Which course the 〈◊〉 〈◊〉 that 〈◊〉 took after he had taken upon him the Government of the 〈…〉 whereby he united all the people into one Citie that before lived dispersedly in many Villages The like is put in practice at this day by the â—â—râ—â—gales and Jesuits that they may with less difficultie and hinderance reform the rough behaviour and savage life of the people of Brazile who dwell scattered and dispersed in cave and cottages made of boughs leaves of the Palm-trees Alexander the Great built more than seventie Cities Selevâ—us built three Cities called â—pameâ— to the honour of his wife and five called Lâ—â—â—â—ca in memorie of his mother and fire called Seleacâ— to the honour of himself Safetie for Defence of the People and their goods in and near the Town IN the Situation of Cities there is to be required a place of Safetie by some natural strength commod ousness for Navigation and Conduct for the attaining of plentie of all good things for the sustenance comfort of mans life and to draw trade and entercourse of other Nations as if the same be situate in such â—ort as many people have need to repair thither for some natural commoditie or other of the Countrey which by traffick and transportation of coÌ„modities whereof they have more plentie than will supplie their own necessitie or for receiving of things whereof they have carcitie And much better will it be if the place afford some notable commoditie of it self from whence other Nations may more readily and at better rate attain the same Likewise and withall be so fertil pleasant and healthfull of it self that it may afford plentie of good things for the delight and confort of the inhabitants In former times great Nations Kings and Potentates have endured sharp conflicts and held it high Policie by all means to increase then Cities with multitudes of Inhabitants And to this end the Romans ever furnished themselves with strength and power to make their neighbour-People of necessitie willing to draw themselves to Rome to dwell and overthrow their Towns and Villages of mean strength down to the ground So did they for this cause utterly destroy many Cities bringing always the vanquished Captives to Rome for the augmentation of that Citie Romulus after a mighty fight with the Sabines condescended to Peace upon condition that â—â—â—â—â—s their King should come with all their people to dwell at Rome â—atâ—â—â— did accept and made choice of the Capitol and the Mount Quirmalis for his seat and Pâ—llace The same course hâ—ld Tamberlane the Great whereby he enlarged the great Samarâ—anda still bringing unto it the richest and wealthiest Citizens he had subdued And the Ottomanâ— to make the Citie Constantinople rich and great brought to it many thousand Families especially Artificers out of the subdued Cities as Mahomeâ— the great from Trâ—bizond Selim the First from Cairo and Seliman from â—aurk Authoritie and necessitie without the consideration of the conveniencies and commodiousness of Situation above mentioned are of small moment in the foundation of a Citie thereby onely it would be unlikely either to grow or continue in Magnificencie or Opulencie for it Profit Height and Delight go not companions therewith no authoritie or necessitie can retain much People or Wealth But of the place whereupon a Citie is to be founded be commodious for the aforesaid conveniences which help greatly for the felicitie of this life then no doubt the same is likely to draw much abundance of people and riches unto the same whereby it may by the help of Arts and Industrie in time become magnificent glorious Unto the good estate greatness and glorie of a Citie those things hereafter mentioned do greatly avail and are of much importance viz. Religion which is of such force and might to amplifie Cities and Dominions and of such attractive virtue to replenish the same with people and wealth and to hold them in due obedience as none can be more for without adoration of some Dietie no common wealth can subsist Witness Jerusalem Rome Constantinople and all other cities that have been famous for the prosession of Religion or Divine worship And no marvel for there is not any thing in this world of more efficacie force to allure and draw to it the hearts of Men than God which is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He is carefully defined and continually sought for of all creatures for all regard Him as their last end and refuge Light things apply themselves upwards heavy things downwards the Heavens to Revolution the Herbs to flowers Trees to bear fruit Beasts to present their kind and Man in seeking his tranquilitie and everlasting glory But forasmuch as God is of so high a nature as the sense and understanding of Man cannot conceive it every man directly turns himself to that place where he leaves some print of his power or declares some sign of his assistance And to such persons whom he seemeth more especially to have revealed himself Academies Schools of Learning with convenient immunities and privileges for Scholars and means for Recreation for Delight are of great importance to enlarge and enrich a citie for asmuch as men long for honour and profit and of Arts liberal sciences some bring certain wealth to men and some promotions preterments to honourable functions for by this means not onely young men those that are desirous of Learning and Virtue in the same Common-wealth will be retained in their own Countrey but also strangers will be drawn home to them And the more will this be available if occasion be given to Scholars and students to rise to degrees of Honour and preferment by their learned exercises and that by the Policie of the same citie good Wits be accounted of and rewarded well that the same Academies and Schools be stored with plentie of Doctours and learned men of great same and reputation Courts of Iustice with due execution of the same in a citie do much enable enlarge enrich it for it fasteneth a great liking in a citie to virtuous men and such as be wealthie that therein they may be free and in safetie from the violence of the oppressions of covetous and wicked men and there will be rather resort thither to inhabit or traffick there as occasions may minister unto them And many others that have cause of suite will repair thither whereas they may be sure to find Iudgement and Iustice duely
Justice and good order being more learned in the Law than in doing right and that he had by far more knowledge than conscience Certainly the unjust Magistrate that fancieth to himself a solid and untransparable bodie of Gold every ordinarie wit can vitrifie and make transparent pierce and discern their corruptions howsoever because not daring they cover their knowledge but in the mean while it is also true That constrained dissimulation either in the proud heart or in the oppressed either in publick estates or in private persons where the fear of God is not prevalent doth in all the leisure of her lurking but sharpen her teeth the voluntarie being no less base than the forced malitious Thus it fared between the Barons of England and their Kings between the Lords of Switzerland their people between the Sicilians and the French between the Dolphin and John of Burgoign between Charl the Ninth and the French Protestants and between Henry the third his successor and the Lords of Guise hereof in place of more particulars the whole world may serve for examples It is a difficult piece of Geographie to delinate and lay out the bounds of Authority but it is easie enough coÌ„ceive the best use of it and by which it hath maintained it self in lasting happiness t hath ever acquired more honour by perswading than by beating for as the bonds of Reason and Love are immortal so do all other chains or cords both rustâ—e rot Noble parts of their own Royal and Politick bodies But we will forbear for a while to stretch this first string of Civil Justice for in respect of the first sort of Men to wit of those that live by their own labour they have never been displeased where they have been suffered to enjoy the fruit of their own travels Meum Tuum Mine Thine is all wherein they seek their certaintie protection True it is that they are the Fruit-Trees of the Land which God in Deuteronomie commanded to be spared they gather honey and hardly enjoy the wax and break the ground with great labour giving the best of their grain to the easefull idle For the second sort which are the Merchants as the first feed the Kingdome so do these enrich it yea their trades especially those which are forcible are not the least part of our Martiall Policie as hereafter proved and to do them right they have in all ages and times assisted the Kings of this Land not onely with great sums of money but with great Fleets of Ships in all their enterprises beyond the seas The second have seldome or never offended their Princes to enjoy their trades at home upon tolerable conditions hath ever contented them for the injuries received from other Nations give them but the Commission of Reprisal they will either Right themselves or sit down with their own losse without complaint 3. The third sort which are the Gentrie of England these being neither seated in the lowest grounds and thereby subject to the biting of every beast nor in the highest Mountains thereby in danger to be torn with tempest but the Valleys between both have their parts in the inferiour Iustice being spread over all are the Garrisons of good order throughout the Realm Sir WALTER RALEIGH'S LETTERS Sir Walter Raleigh's Letter to Mr Secretary Winwood before his Iourney to Guiana Honourable SIR I Was lately perswaded by two Gentlemen my ancient Friends to acquaint your Honour with some offers of mine made heretofore for a Journey to Guiana who were of opinion That it would be better understood now than when it was first propounded which advice having surmounted my dispair I have presumed to send unto your Honour the Copies of those Letters which I then wrote both to his Majestie and to the Treasurer Ceuill wherein as well the reasons that first moved me are remembered as the objections by him made are briefly answered What I know of the riches of that place not by hear say but what mine eyes hath seen I have said it often but it was then to no end Because those that had the greatest trust were resolved not to believe it not because they doubted the Truth but because they doubted my Disposition towards themselves where if God had blessed me in the enterprise I had recovered his Majesties favour and good opinion Other cause than this or other suspition they never had any Our late worthy Prince of Wales was extream curious in searching out the Nature of my offences The Queens Majestie hath informed her self from the beginning The King of Denmark at both times of his being here was throughly satisfied of my innocencie they would otherwise never have moved his Majestie on my behalf The Wife the Brother and the Son of a King do not use to sue for men suspect but Sir since they all have done it out of their charitie and but with references to me alone Your Honour whose respect hath onely relation to his Majesties service strengthened by the example of those Princes may with the more hardnesse do the like being Princes to whom his Majesties good estate is not lesse dear and all men that shall oppugne it no lesse hatefull then to the King himself It is true Sir That his Majestie hath sometimes answered That his Councel knew me better than he did meaning some two or three of them And it was indeed my infelicitie for had his Majestie known me I had never been here where I now am or had I known his Majestie they had never been so long there where they now are His Majestie not knowing of me hath been my ruine and his Majestie misknowing of them hath been the ruine of a goodly part of his estate but they are all of them now some living and some dying come to his Majesties knowledge But Sir how little soever his Majestie knew me and how much soever he believed them yet have I been bound to his Majestie both for my Life and all that remains of which but for his Majestie nor Life nor ought else had remained In this respect Sir I am bound to yield up the same life and all I have for his Majesties service to die for the King and not by the King is all the ambition I have in the world Walter Raleigh Sir Raleigh's Letter to his Wife from Guiana Sweet Heart I Can yet write unto you but with a weak hand for I have suffered the most violent Calenture for fifteen days that ever man did and lived but God that gave me a strong heart in all my adversities hath also now strengthened it in the hell fire of heat We have had two most grievous sicknesses in our Ship of which fourtie two have died and there are yet many sick but having recovered the land of Guiana this 12 of November I hope we shall recover them We are yet two hundred men and the rest of our Fleet are reasonable strong strong enough I
father and mother I can say no more Time and Death calleth me away The everlasting God powerfull infinite and inscrutable God Almightie who is goodnesse it self the true Light and Life keep you and yours and have mercy upon me and forgive my Persecutors and false accusers and send us to meet in his glorious kingdom My dear Wife farewell Blesse my Boy Pray for me and let my true God hold you both in his Arms. Yours that was but now not mine own Walter Raleigh Sir Raleigh's Letter to Prince Henry touching the model of a Ship Most excellent Prince IF the Ship your Highness intends to build be bigger than the Victorie then her beams which are laid overthwart from side to side will not serve again and many other of her timbers and other stuff will not serve whereas if she be a size less the timber of the old Ship will serve well to the building of a new If she be bigger she will be of less use go very deep to water and of mightie charge our Channels decaying every year less nimble less mannyable and seldom to be used Grande Navio grande satica saith the Spaniard A Ship of six hundred Tuns will carrie as good Ordinance as a Ship of twelve hundred Tuns and where the greater hath double her Ordinance the less will turn her broad side twice before the great Ship can wind once and so no advantage in that over-plus of Guns The lesser will go over clear where the greater shall stick and perish the lesser will come and go leave or take and is yare whereas the greater is slow unmanyable and ever full of encumber In a well conditioned Ship these things are chiefly required 1. That she be strong built 2. Swift in sail 3. Stout-sided 4. That her Ports be so laid as that she may carry out her Guns all weathers 5. That she hull and trie well 6. That she stay well when boarding or turning on a wind is required To make her strong consisteth in the care and truth of the work-man to make her swift is to give her a large Run or way forward and so afterward done by act and just proportion and that in laying out of her bowes before and quarters behind the Ship-wright be sure that she neither sink nor hang into the water but lie clear and aâ—ove it wherein Ship-wrights do often fail and then is the speed in sailing utterly spoiled That she be stout-sided the same is provided by a long bearing floar and by sharing off from above waters to the low â—â—edge of the Ports which done then will she carry out her Ordinance all weâ—thers To make her to hull and to trie well which iâ— called a good sea-Ship there are two things principally to be regarded the one that she have a good draught of water the other that she be not overcharged And this is seldom done in the Kings Ships and therefore we are forced to lye or trie in them with our main Course and mizen which with a deep keel and standing streak she would perform The extream length of a Ship makes her unapt to stay especially if she be floatie and want sharpnesse of way forward And it is most true that such over-long Ships are fitter for the narrow Seas in summer than for the Ocean or long voyages and therefore an hundred foot by the Keel and thirtie five foot broad is a good proportion for a great Ship It is to be noted that all Ships sharp before not having a long floar will fall rough into the sea from a billow and take in water over head and ears and the same quality have all narrow-quartered ships to sink after the tail The high Charging of ships is that that brings many ill qualities it makes them extream Lee-ward makes them sink deep into the seas makes them labour sore in foul weather and oft-times overset Safety is more to be respected than shews or nicenesse for ease in sea journeys both cannot well stand together and therefore the most necessary is to be chosen Two Decks and an half is enough and no building at all above that but a low Masters Cabbin Our Masters and Mariners will say that the ships will bear more well enough and true it is if none but ordinary Mariners served in them But men of better sort unused to such a life cannot so well endure the rowling and tumbling from side to side where the seas are never so little grown which comes by high Charging Besides those high Cabbin works aloft are very dangerous in sight to tear men with their splinters Above all other things have care that the great Guns be four foot clear above water when all lading is in or else these best pieces are idle sea for if the Ports lie lower and be open it is dangerous and by that default was a goodly Ship and many gallant Gentlemen lost in the days of Henry the Eigth before the Isle of Wight in a Ship called by the name of Mary-Rose Sir Walter Raleighs PILGRIMAGE GIve me my Scallop shell of Quiet My Staff of Faith to walk upon My Scrip of Joy immortall Diet My Bottle of Salvation My Gown of Glorie Hopes true gage And thus I le take my Pilgrimage Bloud must be my Bodies onely Balmer No other Balm will there be given Whil'st my Soul like a quiet Palmer Travelleth towards the Land of Heaven Over the silver Mountains Where springs the Nectar Fountains There I will kisse the Bowl of Blisse And drink mine everlasting fill Upon every Milken hill My Soul will be a drie before But after it will thirst no more I le take them first to quench my Thirst And tast of Nectars suckets At those clear Wells Where sweetnesse dwells Drawn up by Saints in Chrystal Buckets Then by that happy blestfull day More peacefull Pilgrims I shall see That have cast off their rags of clay And walk apparelled fresh like me And when our Boâ—les and all we Are fill'd with immortalitie Then the blessed Parts wee 'l travell Strow'd with Rubies thick as gravell Sealings of Diamonds Saphire flowers High walls of Coral and Pearly Bowers From thence to Heavens bribeless Hall Where no corrupted voices brawl No Conscience molten into Gold No forg'd Accuser bought or sold No cause deferr'd no vain-spent Iourny For there CHRIST is the Kings Attorney Who pleads for all without degrees And he hath Angels but no Fees And when the twelve Grand-million Iury Of our Sins with direfull furie 'Gainst our Souls black Verdicts give Christ pleads his Death then we Live Be thou my Speaker taintless Pleader Unblotted Lawyer true Proceeder Thou would'st Salvation even for Alms Not with a bribed Lawyers Palms And this is mine eternall Plea To him that made Heaven Earth Sea That since my Flesh must die so soon And want a Head to dine next noon Iust at the stroak when my Veins start spread Set on my Soul an everlasting Head Then am I ready like
published that all men might plead it for their advantage but a Charter was left in deposito in the hands of the Archbishop of Canterbury for the time and so to his successours Stephen Langthon who was ever a Traytor to the King produced this Charter and shewed it to the Barons thereby encouraging them to make war against the King Neither was it the old Charter simply the Barons sought to have confirmed but they presented unto the King other articles and orders tending to the alteration of the whole commonwealth which when the King refused to signe the Barons presently put themselves into the field and in rebellious and outragious fashion sent the King word except he confirmed them they would not desist from making war against him till he had satisfied them therein And in conclusion the King being betrayed of all his Nobility in effect was forced to grant the Charter of Magna Charta and Charta de Forestis at such time as he was invironed with an Army in the Meadowes of Staynes which harters being procured by force Pope Innocent afterward disavowed and threatned to curse the Barons if they submitted not themselves as they ought to their Soveraigne Lord which when the Lords refused to obey the King entertained an army of strangers for his own defence wherewith having mastered and beaten the Barons they called in Lewes of France a most unnaturall resolution to be their King Neither was Magna Charta a Law in the 19. of Henry the 2d but simply a Charter which hee confirmed in the 21. of his reigne and made it a Law in the 25. according to Littletons opinion Thus much for the beginning of the Great Cbarter which had first an obscure birth from usurpation and was secondly fostered and shewed to the world by rebellion JUST I cannot deny but that all your Lordship hath said is true but seeing the Charters were afterwards so many times confirmed by Parliament and made Lawes and that there is nothing in them unequall or prejudicial to the King doth not your Honour think it reason they should be observed COUNS. Yes and observed they are in all that the state of a King can permit for no man is destroyed but by the Lawes of the land no man disseized of his inheritance but by the Lawes of the land imprisoned they are by the prerogative where the King hath cause to suspect their loyalty for were it otherwise the King should never come to the knowledge of any conspiracy or Treason against his Person or state and being imprisoned yet doth not any man suffer death but by the Law of the land JUST But may it please your Lordship were not Cornewallis Sharpe and Hoskins imprisoned being no suspition of Treason there COUNS. They were but it cost them nothing JUST And what got the King by it for in the conclusion besides the murmure of the people Cornewallis Sharpe and Hoskins having greatly overshot themselves and repented them a fine of 5 or 600l. was laid on his Majesty for their offences for so much their diet cost his Majesty COUNS. I know who gave the advice sure I am that it was none of mine But thus I say if you consult your memory you shall find that those Kings which did in their own times comfirme the Magna Charta did not onely imprison but they caused of their Nobility and others to be slain without hearing or tryall JUST My good Lord if you will give me leave to speak freely I say that they are not well advised that perswade the King not to admit the Magna Charta with the former reservations For as the King can never lose a farthing by it as I shall prove anon So except England were as Naples is and kept by Garrisons of another Nation it is impossible for a King of England to greaten and inrich himself by any way so assuredly as by the love of his people For by one rebellion the King hath more losse then by a hundred years observance of Magna Charta For therein have our Kings been forced to compound with Roagues and Rebels and to pardon them yea the state of the King the Mouarchie the Nobility have been endangered by them COUNS. Well Sir let that passe why should not our Kings raise mony as the Kings of France do by their letters and Edicts onely for since the time of Lewes the 11. of whom it is said that he freed the French Kings of their wardship the French Kings have seldome assembled the states for any contribution JUST I will tell you why the strength of England doth consist of the people and Yeomanry the Pefants of France have no courage nor armes In France every Village and Burrough hath a castle which the French call Chasteau Villain every good City hath a good Cittadell the King hath the Regiments of his guards and his men at armes alwayes in pay yea the Nobility of France in whom the strength of France consists doe alwayes assist the King in those leavies because themselves being free they made the same leavies upon ther Tennants But my Lord if you marke it France was never free in effect from civill wars and lately it was endangered either to be conquered by the Spaniard or to be cantonized by the rebellious French themselves since that freedome of Wardship But my good Lord to leave this digression that wherein I would willingly satisfie your Lordship is that the Kings of England have never received losse by Parliament or prejudice COUNS. No Sir you shall find that the subjects in Parliament have decreed great things to the disadvantage and dishonour of our Kings in former times JUST My good Lord to avoid confusion I will make a short repitition of them all then your Lordship may object where you see cause And I doubt not but to give your Lordship satisfaction In the sixt year of Henry the 3d there was no dispute the house gave the King two shillings of every plough land within England and in the end of the same year he had escuage payed him to wit for every Knights fee two marks in silver In the fifth year of that King the Lords demaunded the confirmation of the Great Charter which the Kings Councell for that time present excused alleadging that those priviledges were exhorted by force during the Kings Minoritie and yet the King was pleased to send forth his writ to the Sheriffes of every Countrey requiring them to certifie what those liberties were and how used and in exchange of the Lords demaund because they pressed him so violently the King required all the castles and places which the Lords held of his and had held in the time of his Father with those Manors and Lordships which they had heretofore wrested from the Crown which at that time the King being provided of forces they durst not deny in the 14 year he had the 15. peny of all goods given him upon condition to confirme the Great Charter For by reason
of the wars in France and the losse of Rochett he was them enforced to consent to the Lords in all they demanded in the tenth of his reigne he fined the City of London at 50000. marks because they had received Lewis of France in the 11. year in the Parliament at Oxford he revoked the great Charter being granted when he was under age and governed by the Earle of Pembroke and the Bishop of Winchester in this 11. year the Earles of Cornewall and Chester Marshall Edward Earle of Pembroke Gilbert Earle of Gloucester Warren Hereford Ferrars and Warwick and others rebelled against the King and constrained him to yeeld unto them in what they demaunded for their particular interest which rebellion being appeased he sayled into France and in his 15. year he had a 15th of the temporality and a disme and a half of the spirituality and withall escuage of every Knights fee. COUNS. But what say you to the Parliament of Westminster in the 16th of the King where notwithstanding the wars of France and his great charge in repulsing the Welsh rebels he was flatly denyed the Subsidy demanded IUST I confesse my Lord that the house excused themselves by reason of their poverty and the Lords taking of Armes in the next year it was manifest that the house was practised aganst the King And was it not so my good Lord think you in our two last Parliaments for in the first even those whom his Majesty trusted most betrayed him in the union and in the second there were other of the great ones ran counter But your Lordship spake of dangers of Parliaments in this my Lord there was a denyall but there was no danger at all but to returne where I left what got the Lords by practizing the house at that time I say that those that brake this staffe upon the King were overturned with the counterbuffe for he resumed all those lands which he had given in his minority he called all his exacting officers to accompt he found them all faulty he examined the corruption of other Magistrates and from all these he drew sufficient money to satisfie his present necessity whereby he not onely spared his people but highly contented them with an act of so great Iustice Yea Hubert Earle of Kent the chief Iustice whom he had most trusted and most advanced was found as false to the King as any one of the rest And for conclusion in the end of that year at the assembly of the States at Lambeth the King had the fortieth part of every mans goods given him freely toward his debts for the people who the same year had refused to give the King any thing when they saw he had squeased those spunges of the Common-wealth they willingly yeelded to give him satisfaction COUNS. But I pray you what became of this Hubert whom the King had favoured above all men betraying his Majesty as he did IUST There were many that perswaded the King to put him to death but he could not be drawn to consent but the King seized upon his estate which was great yet in the end he left him a sufficient portion and gave him his life because he had done great service in former times For this Majesty though he tooke advantage of his vice yet he forgot not to have consideration of his vertue And upon this occasion it was that the King betrayed by those whom he most trusted entertained strangers and gave them their offices and the charge of his Castles and strong places in England COUNS. But the drawing in of those strangers was the cause that Marshall Earle of Pembroke moved war against the King JUST It is true my good Lord but he was soon after slain in Ireland and his whole masculine race ten yeares extinguished though there were five Sons of them and Marshal being dead who was the mover and ring-leader of that war the King pardoned the rest of the Lords that had assisted Marshall COUNS. What reason had the King so to doe JUST Because he was perswaded that they loved his person and only hated those corrupt Counsellors that then bare the greatest sway under him as also because they were the best men of war he had whom if he destroyed having war with the French he had wanted Commanders to have served him COUNS. But what reason had the Lords to take armes JUST Because the King entertained the Poictovins were not they the Kings vassals also Should the Spaniards rebell because the Spanish King trusts to the Neapolitans Fortagues Millanoies and other Nations his vassals seeing those that are governed by the Vice-royes and deputies are in policy to be well entertained to be employed who would otherwise devise how to free themselves whereas being trusted and imployed by their Prince they entertain themselves with the hopes that other the Kings vassals do if the King had called in the Spaniards or other Nations not his Subjects the Nobilitie of England had reason of grief COUNS. But what people did ever serve the King of England more faithfully then the Gascoynes did even to the last of the conquest of that Duchie IUST Your Lordship sayes well and I am of that opinion that if it had pleased the Queen of Eng. to have drawn some of the chief of the Irish Nobilitie into Eng. and by exchange to have made them good free-holders in Eng. she had saved above 2. millions of pounds which were consumed in times of those Rebellions For what held the great Gascoigne firme to the Crown of England of whom the Duke of Espernon married the Inheritrix but his Earldome of Kendall in England whereof the Duke of Espernon in right of his Wife beares the Title to this day And to the same end I take it hath Iames our Soveraign Lord given Lands to divers of the Nobilitie of Scotland And if I were worthy to advise your Lordship I should think that your Lordship should do the King great service to put him in mind to prohibite all the Scottish Nation to alienate and sell away their inheritance here for they selling they not only give cause to the English to complain that the Treasure of England is transported into Scotland but his Majestie is thereby also frustrated of making both Nations one and of assuring the service and obedience of the Scots in future COUNS. You say well for though those of Scotland that are advanced and enriched by the Kings Majesties will no doubt serve him faithfully yet how their heires and successors having no inheritance to lose in England may be seduced is uncertain But let us go on with our Parliament And what say you to the denyall in the 26th year of his reigne even when the King was invited to come into France by the Earle of March who had married his Mother and who promised to assist the King in the conquest of many places lost IUST It is true my good Lord that a subsidie was then denied and the reasons are
delivered in English Histories and indeed the King not long before had spent much Treasure in aiding the Duke of Britain to no purpose for he drew over the King but to draw on good conditions for himself as the Earle of March his father in law now did As the English Barons did invite Lewes of France not long before as in elder times all the Kings and States had done and in late years the Leaguers of France entertained the Spaniards and the French Protestants and Netherlands Queen Elizabeth not with any purpose to greaten those that aide them but to purchase to themselves an advantageous peace But what say the Histories to this denyall They say with a world of payments there mentioned that the King had drawn the Nobility drie And besides that whereas not long before great summes of money were given and the same appointed to be kept in four Castles and not to be expended but by the advice of the Peeres it was beleeved that the same Treasure was yet unspent COUNS. Good Sir you have said enough judge you whether it were not a dishonour to the King to be so tyed as not to expend his Treasure but by other mens advice as it were by their licence IUST Surely my Lord the King was well advised to take the money upon any condition and they were fooles that propounded the restraint for it doth not appear that the King took any great heed to those overseers Kings are bound by their pietie and by no other obligation In Queen Maries time when it was thought that she was with Child it was propounded in Parliament that the rule of the Realme should be given to King Philip during the minoritie of the hoped Prince or Princesse and the King offered his assurance in great summes of money to relinquish the Government at such time as the Prince or Princesse should be of age At which motion when all else were silent in the House Lord Daâ—res who was none of the wisest asked who shall sue the Kings Bonds which ended the dispute for what other Bond is between a King and his vassals then the Bond of the Kings Faith But my good Lord the King notwithstanding the denyall at that time was with gifts from particular persons and otherwise supplyed for proceeding of his journey for that time into France he took with him 30 Caskes filled with Silver and Coyne which was a great Treasure in those dayes And lastly notwithstanding the first denyall in the Kings absence he had Escuage granted him to wit 20s of every Knights Fee COUNS. What say you then to the 28th year of that King in which when the King demanded reliefe the States would not consent except the the same former order had bin taken for the appointing of 4 overseers for the treasure as also that the Lord chief Iustice and the L. Chancelor should be chosen by the States with some Barons of the Exchequer and other officers JUST My good Lord admit the King had yeelded their demands then whatsoever had been ordained by those Magistrates to the dislike of the Common-wealth the people had been without remedie whereas while the King made them they had their appeal and other remedies But those demands vanished and in the end the King had escuage given him without any of their conditions It is an excellent vertue in a King to have patience and to give way to the furie of mens passions The Whale when he is strucken by the fisherman growes into that furie that he cannot be resisted but will overthrow all the Ships and Barkes that come into his way but when he hath tumbled a while he is drawn to the shore with a twin'd thred COUNS. What say you then to the Parliament in the 29th of that King IUST I say that the Commons being unable to pay the King relieves himself upon the richer sort and so it likewise happened in the 33. of that King in which he was relieved chiefly by the Citie of London But my good Lord in the Parliament in London in the 38th year he had given him the tenth of all the revenues of the Church for 3 years and three marks of every Knights Fee throughout the Kingdome upon his promise and oath upon the observing of Magna Charta but in the end of the same year the King being then in France he was denyed the aides which he required What is this to the danger of a Parliament especially at this time they had reason to refuse they had given so great a summe in the beginning of the same year And again because it was known that the King had but pretended war with the King of Castile with whom he had secretly contracted an alliance and concluded a Marriage betwixt his Son Edward and the Lady Elenor. These false fires do but fright Children and it commonly falls out that when the cause given is known to be false the necessitie pretended is thought to be fained Royall dealing hath evermore Royall successe and as the King was denyed in the eight and thirtieth year so was he denyed in the nine and thirtieth year because the Nobilitie and the people saw it plainely that the K. was abused by the Pope who as well in despite to Manfred bastard Son to the Emperour Frederick the second as to cozen the King and to waste him would needes bestow on the King the Kingdome of Sicily to recover which the King sent all the Treasure he could borrow or scrape to the Pope and withall gave him letters of credence for to take up what he could in Italy the King binding himself for the payment Now my good Lord the wisdome of Princes is seen in nothing more then in their enterprises So how unpleasing it was to the State of England to consume the Treasure of the Land and in the conquest of Sicily so far off and otherwise for that the English had lost Normandie under their noses and so many goodly parts of France of their own proper inheritances the reason of the denyall is as well to be considered as the denyall COUNS. Was not the King also denyed a Subsidie in the fortie first of his reigne IUST No my Lord for although the King required money as before for the impossible conquest of Sicily yet the House offered to give 52000 marks which whether he refused or accepted is uncertain and whilst the King dreamed of Sicily the Welsh invaded and spoyled the borders of England for in the Parliament of London when the King urged the House for the prosecuting the conquest of Sicily the Lords utterly disliking the attempt urged the prosecuting of the Welshmen which Parliament being proroged did again assemble at Oxford and was called the mad Parliament which was no other then an assembly of rebels for the royal assent of the King which gives life to all Lawes form'd by the three estates was not a royall assent when both the King and the Prince were constrained to yeeld to the
condition that for one whole year no subsedies should be demanded but this promise was as suddenly forgotten as made for in the end of that year the great subsedy of Poll mony was granted in the Parliament at Northampton COUNS. Yea but there followed the terrible Rebellion of Baker Straw and others Leister Wrais and others IUST That was not the fault of the Parliament my Lord it is manifest that the subsedy given was not the cause for it is plain that the bondmen of England began it because the were girevously prest by their Lords in their tenure of Villenage as also for the hatred they bate to the Lawyers and Atturneyes for the story of those times say that they destroyed the houses and Mannors of men of Law such Lawyers as they caught slew them and beheaded the Lord chief Iustice which commotion being once begun the head mony was by other Rebels pretended A fire is often kindled with a little straw which oftentimes takes hold of greater timber consumes the whole building And that this Rebellion was begun by the discontented slaves whereof there have been many in Elder times the like is manifest by the Charter of Manumission which the King granted in hec verba Rich. Dei gratid c. Sciatis quod de gratiâ nostrâ spirituali manumissimus c. to which seeing the King was constrained by force of armes he revoked the letters Pattents and made them voide the same revocation being strengthened by the Parliament ensuing in which the King had given him a subsedy upon Woolls called a Maletot In the same fourth year was the Lord Treasurer discharged of his Office and Hales Lord of St. Iohns chosen in his place in his fift year was the Treasurer again changed and the Staffe given to Segrave and the Lord Chancellour was also changed and the staffe given to the Lord Scroope Which Lord Scroope was again in the beginning of his sixt year turned off and the King after that he had for a while kept the Seal in his own hand gave it to the Bishop of London from whom it was soon after taken and bestowed on the Earle of Suffolke who they say had abused the King and converted the Kings Treasure to his own use To this the King condiscended and though saith Walsingham he deserved to loose his life and goods yet he had the favour to go at liberty upon good sureties and because the King was but young that the reliefe granted was committed to the trust of the Earle of Arundell for the furnishing of the Kings Navy against the French COUNS. Yet you see it was a dishonour to the King to have his beloved Chancellour removed IUST Truly no for the King had both his fine 1000l lands and asubsedy to boot And though for the present it pleased the King to fancy a man all the world hated the Kings passion overcomming his judgement yet it cannot be call'd a dishonour for the King is to believe the generall counsell of the Kingdome and to preser it before his affection especially when Suffolke was proved to be false even to the King for were it otherwise love and affection might be called a frenzie and a madnesse for it is the nature of humane passions that the love bred by fidelity doth change it self into hatred when the fidelity is first changed into falshood COUNS. But you see there were thirteen Lords chosen in the Parliament to have the oversight of the government under the King IUST No my Lord it was to have the oversight of those Officers which saith the story had imbezeled lewdly wasted and prodigally spent the Kings Treasure for to the Commission 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 ever he did if he had bin constant to himself But my good Lord man is the cause of his own misery for I will repeat the substance of the commission granted by the King and confirmed by Parliament which whether it had bin profitable for the King to have prosecured your Lordship may judge The preamble hath these words Whereas our Sovereigne Lord the King perceiveth by the grievous complaints of the Lords and Commons of this Realme that the rents profits and revenues of this Realme by the singular and insufficient Councell and evill government as well of some his late great Officers and others c. are so much withdrawen wasted given 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 appertaineth The King of his free will at the request of the Lords and Commons hath ordained William Archbishop of Canterbury and others with his Chancellour Treasurer keeper of his privy seal 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 appertaineth and to be due or ought to appertain and be due c. And all manner of gifts grants alienations and confirmations made by him of lands tenements rents c. bargained and sold to the prejudice of him and his Crown c. And of his jewels 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 read at large in the book of Statutes this commission being enacted in the tenth year of the Kings reigne Now if such a commission were in these dayes granted to the faithfull men that have no interest in the sales gifts nor purchases nor in the keeping of the jewells at the Queens death nor in the obtaining grants of the Kings best lands I cannot say what may be recovered and justly recovered and what say your Lordship was not this a noble act for the King if it had been followed to effect COUNS. I cannot tell whether it were or no for it gave power to the Commissiouers to examine all the grants IUST Why my Lord doth the King grant any thing that shames at the examination are not the Kings grants on record COUNS. But by your leave it is some dishonour to a King to have his judgement called in question IUST That is true my Lord but in this or whensoever the like shall be granted in the future the Kings judgement is not examined but their knavery that abused the King Nay by your favour the contrary is true that when a King will suffer himself to be eaten up by a company of petty fellows by himself raised therein both the judgement and courage is disputed And if your Lordship will disdain it at your own servants hands much more ought the great heart of a King to disdain it And surely my Lord it is a greater treason though it undercreep the law to tear from the
not more honourable and more safe for the King that the Subject pay by perswasion then to have them constrained If they be contented to whip themselves for the King were it not better to give them the Rod into their hands then to commit them to the Executioner Certainly it is farre more happy for a Soveraigne Prince that a Subject open his purse willingly then that the same be opened by violence Besides that when impositions are laid by Parliament they are gathered by the authority of the Law which as aforesaid rejecteth all complaints and stoppeth every mutinous mouth It shall ever be my prayer that the King embrace the Councel of Honour and safety and let other Princes imbrace that of force COUNS. But good Sir it is his Prerogative which the King stands upon it is the Prerogative of the Kings that the Parliaments do all diminish IUST If your Lordship would pardon me I would say then that your Lordships objection against Parliaments is ridiculous In former Parliaments three things have been supposed dishonour of the King The first that the Subjects have conditioned with the King when the King hath needed them to have the great Charter confirmed The second that the Estates have made Treasurers for the necessary and profitable disbursing of those sums by them given to the end that the Kings to whom they were given should expend them for their own defence for the defence of the Common-wealth The third that these have prest the King to discharge some great Officers of the Crown and to elect others As touching the first my Lord I would fain learn what disadvantage the Kings of this Land have had by confirming the great Charter the breach of which have served onely men of your Lordships rank to assist their own passions and to punish and imprison at their own discretion the Kings poor Subjects Concerning their private hatred with the colour of the Kings service for the Kings Majestie take no mans inheritance as I have said before nor any mans life but the Law of the Land according to the Charter Neither doth his Majesty imprison any man matter of practice which concerns the preservation of his estate excepted but by the law of the land And yet he useth his prerogative as all the Kings of England have ever used to for the supream reason cause to practise many things without the advice of the law As insurrections and rebellions it useth the marshall and not the common law without any breach of the Charter the intent of the Charter considered truely Neither hath any Subject made complaint or been grieved in that the Kings of this land for their own safeties and preservation of their estates have used their Prerogatives the great Ensigne on which there is written soli Deo And my good Lord was not Buckingham in England and Byron in France condemned their Peers uncalled And withall was not Byron utterly contrary to the custome priviledges of the French denyed an advocate to assist his defence For where lawes forecast cannot provide remedies for future dangers Princes are forced to assist themselves by their Prerogatives But that which hath been ever grievous and the cause of many troubles very dangerous is that your Lordships abusing the reasons of state do punish and imprison the K. Subjects at your pleasure It is you my Lords that when Subjects have sometimes need of the Kings prerogative do then use the strength of the Law and when they require the law you afflict them with the prerogative and tread the great Charter which hath been confirmed by 16 Acts of Parliament under your feet as a torn parchment or waste paper COUNS. Good Sir which of us do in this sort break the great Charter perchance you mean that we have advised the King to lay the new impositious IUST No my Lord there is nothing in the great Charter against impositions and besides that necessity doth perswade them And if necessity do in somewhat excuse a private man à fortiori it may then excuse a Prince Again the Kings Majesty hath profit and increase of revenue by the impositions But there are of your Lordships contrarie to the direct Letter of the Charter that imprison the Kings Subjects and deny them the benefit of the Law to the Kings disprofit And what do you otherwise thereby if the impositions be in any sort grievous but Renovare dolores And with all digg out of the dust the long buried memorie of the Subjects former intentions with their Kings COUNS. What mean you by that IUST I will tell your Lordship when I dare in the mean time it is enough for me to put your Lordship in mind that all the Estates in the World in the offence of the people have either had profit or necessity to perswade them to adventure it of which if neither be urgent and yet the Subject exceedingly grieved your Lordship may conjecture that the House will be humble suitors for a redresse And if it be a Maxime in policy to please the people in all things indifferent and never suffer them to be beaten but for the Kings benefit for there are no blows forgotten with the smart but those then I say to make them Vassals to Vassals is but to batter down those mastering buildings erected by K Henry the 7. fortified by his Son by which the people the Gentry of England were brought to depend upon the King alone Yea my good Lord our late dear Soveraign Q. Eliz. kept them up to their advantage as wel repaired as ever Prince did Defend me spend me faith the Irish Churle COUNS. Then you think that this violent breach of the Charter will be the cause of seeking the conformation of it in the next Parliament which otherwise could never have bin moved IUST I know not my good Lord perchance not for if the House presse the King to graunt unto them all that is theirs by the Law they cannot in Iustice refuse the King all that is his by the Law And where will be the issue of such a contention I dare not divine but sure I am that it will tend to the prejudice both of the King and Subject COUNS. If they dispute not their own liberties why should they then the Kings liberties which we call his Prerogative IUST Among so many and so divers Spirits no man can foretell what may be propounded but howsoever if the matter be not slightly handled on the Kings behalf these disputes will soon dissolve for the King hath so little need of his Prerogative so great advantage by the Lawes as the fear of imparing the one to wit the Prerogative is so impossible and the burthen of the other to wit the Law so weighty as but by a branch of the Kings Prerogative namely of his remission and pardon the Subject is no way able to undergo it This my Lord is no matter of flourish that I have said but it is the truth