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
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
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
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
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
â—am Marti Quam Mercurio The Ho. ble and learned Knight Sr. Walter Raleigh Ro Vaughan sculp REMAINS of S ir Walter Raleigh viz. Maxims of State Advise to his Son his Sons advise to his Father His Sceptick Observation concerning the causes of the Magnificencie and Opulency of Cities His Letters to divers persons of quality With The Prerogative of Parliaments being a Dispute between a Counsellour of State and a Justice of Peace LONDON Printed for William Sheares Iunior in Westminster Hall 1657. MAXIMS OF STATE With Instructions to his SON and the SONS advice to his aged FATHER Whereunto Is added Observations touching Trade and Commerce with the Hollander and other Nations Proving that our Sea and Land Commodities inrich and strengthen other Countries against our own By Sir WALTER RALEIGH LONDON Printed for Will. Shears Junior at the Blue Bible in Bedford Street in Covent-garden 1656 The Contents OF Government Page 1 Of Policie 2 Of Monarchie 3 Of Aristocracie or Senatorie State 5 Of Free State or Popular State 6 Of Tyrannie 7 Of Olygarchie or the Government of a few ibid. Of a Common-wealth 8 Of causes of States and Common-wealths in generall 10 Of Founding a State ibid. Of Causes preserving State or Common-wealth 15 Of Mysteries or Sophisms ibid. Of Axioms or Rules of preserving a State 1-9 Rules for preserving of a Kingdom Hereditarie 25 Rules for preserving of a Kingdom Conquered 25 Kingdoms hereditarie are preserved at home by the ordering of a Prince ibid. Kingdoms new gotten or purchased by force are preserved by Rules 10 35 Rules politick of Tyrants 41 Sophisms of a barbarous and professed tyranny 42 Sophisms of the sophisticall or subtile Tyrant to hold up his State 46 Of preservation of an Aristocracie 53 Of preservation of an Olygarchie by Sophisms ibid. Of preservation of an Olygarchie by Rules ibid. Of Conversion of States in generall 59 Causes of conversions of States are of two sorts Generall and Particular ibid. Particular causes of Conversion of State are of two sorts 60 Of sedition 61 Causes of sedition are of two sorts ibid. Of Alteration without violence 64 A Method how to make use of the Book before in the reading of the storie 67 Old age is not ever unfit for publick Gouernment ibid. Example of the like practice in Charls the Fifth 68 Of observation for the Affirmative and the Negative ibid. Of defence for David in marrying Abishag 70 Politicall Nobility Of Adoâ—ijah aspiring to the Kingdom 71 Observations Of ways of such as aspire to the Kingdom and marks to discern them 73 Politicall Prince 75 The TABLE of the Chapters containd in Sr WALTER RALEIGH'S INSTRUCTIONS to his SON CHAP. Page VIrtuous persons to be made choice of Friends Great care to be had in the choosing of a Wife Wisest men have been abused by flatterers Prâ—vâ—â—e Quarrels to be avoided Three Rules to be observed for the preservation of a mans estate What sort of servants are most fit to be entertained Brave rags wear soonest out of fashion Riches not to be sought by evil means ibid. What Inconveniences happen to such as delight in Wine Let God be thy protectour and directour in all thy Actions The Sceptick doth neither affirm neither deny any Position but doubteth of it and proposeth his Reason against that which is affirmed or denied to justifie his not Consenting Observations concerning the causes of the Magnificencie and Opulencie of Cities Safetie for defence of the people and their goods in and near a Town Causes that concern the Magnificencie of a Citie That the Seat of Government is upheld by the two great Pillars thereof viz. Civile Justice and Martiall Policie which are framed out of Husbandry Merchandise and Gentry of this Kingdom Sir Raleigh's letter to Mr Secretary Winwood before his Journey to Guiana To his Wife from Guiana To Sir Ralph Winwood To his Wife copied out of his own hand writing To his Wife after Condemnation To King James at his return from Guiana His third Letter to Secretary Winwood His Letter to Prince Henry touching the modell of a Ship His Speech immediately before he was beheaded Sir VValter Raleigh Observations touching Trade and Commerce with the Hollander and other Nations Proving that our Sea and Land Commodities inrich and strengthen other Countreys against our own FINIS MAXIMS OF STATE OF GOVERNMENT GOVERNMENT is of two sorts 1. P rivate of himself Sobriety Of his Family called Oeconomy 2. Publick of the Common-wealth called Pâ—licy A man must first Govern himself ere he be fit to Govern a Family And his Family e're he be fit to bear the Government in the Common-wealth Of Policie Policie is an Art of Government of a Common-wealth and some part of it according to that State oâ— form of Government wherein it is setled for the publick good State is the frame or set order of Common-wealth or of the Governours that rule the same especially oâ— the chief and Sovereign Governour that commandeth the rest The State of Sovereignty consisteth in five points 1. Making or anulling of Laws 2. Creating and disposing of Magistrates 3. Power over life and death 4. Making of War or Peace 5. Highest or last appeal Where these five are either in one or in more there is the State These five points of State rest either in 1. One Monarchie or Kingdom 2. Some few chief men for virtue and wisdom called an Aristocracie 3. Many called a Free-State or Popular State These three sorts of Government have respect to the common good and therefore are just and Lawfull States These 3. degenerate into 3. other Governments viz. 1. Monarchie into 1. Tyrrannie 2. Aristocracie into 2. Oligarchie 3. Popular state into 3. Common-wealth or Government of all the common and baser sort and therefore called a Common-wealth by an usurped Nick-name These all respect their own and not the publick good and therefore are called Bastard Governments I Monarchie A Monarchie or Kingdom is the Government of a State by one head or chief tending to the common benefit of all Monarchie or Kingdoms are of three sorts touching the right or possession of them viz. 1. Hereditary by descent as the English French c. 2. Elective by suffrage of the other Orders of some of them as the Pâ—loniâ—â— 3. 〈◊〉 or of both kinds viz. descent yet not tied to the next bloud as the ancient Jewish State Monarchies are of two sorts touching their power or Authority viz. 1. Intâ—re Where the whole power of ordering all State matters both peace and war doth by law custâ—â— appertain to the Prince as in the â—â—â—gest Kingdom where the Prince hatâ— power to make Laws League Waâ— To create Magistrates to pardon life Of appeal c. Though to give a contentment to the other degrees thâ—â— have a suffrage in making Laws yâ—â— ever subject to the Princes pleasure nor Negative will 2. 〈◊〉 or restrained that haâ—â— no full power in all the points or matters of State as the
of his wisdom and equity whereby great reverence and estimation is gotten as in the example of Solâ—man which may seem the reason why our Kings of England had their Kings Bench in Place of publick justice after the manner of the ancient Kings that sate in the Gate where for better performing of this Princely duty some speciall causes may be selected which may throughly be debated and considered upon by the Prince in Private with the help and advice oâ— his learned Councell and so be decided publickly as before is said by the Prince himself At least the Prince is to take accompt of every Minister of publick Justice that it may be known that he hath a care of justice and doing right to his people which makes the Iusticers also to be more carefull in performing of their duties 17. To be moderate in his Taxes and in positions and when need doth require to use the Subjects purse to do it by Parliament and with their consents making the cause apparent unto them and shewing his unwillingnesse in charging them Finally so to use it that it may seem rather an offer from his Subjects than an exaction by him 18. To stop small beginnings unto this end to compound the dissentions that rise amongst the Nobles with caution that such as are free be not drawn into parts whereby many times the Prince is endangered and the whose Common-wealth set in a combustion as in the example of the Barons War and the late Wars of France which grew from a quarrel betwixt the â—â—â—â—oâ— Faction and the other Nobility 19. To stir up the people if they grow secure and negligent of Armour and other provision for the Common-wealth by some rumour or fear of danger at home to make more ready when occasion requireth But this seldom to be used least it be supposed a false Alarm when there is need indeed 20 To have speciall care that his children especially the heir apparent have such bringing up as is meet for a King viz. in learning specially of matters pertaining to State and in Martiall exercise contrary to the practise of many Princes who suffer their children to be brought up in pleasure and to spend their time in hunting c. which by reason of their defects afterwards is a cause of mis-government and alteration of State II. Kingdoms new gotten or purchased by force are preserved by these means FIrst if they have been Subjects before to his Ancestours or have the same tongue manners or fashions as have his own Countrey it is an easie matter to retain such Countries within their obedience in case the Princes bloud of the said Countrey be wholly extinct For men of the same quality tongue and condition do easily sâ—ole and combine themselves together so much the rather if the people of that Countrey have served before and were not accustomed to their own Liberty wherein especially is to be observed that the Laws and customs of that purchased Countrey be not altered nor innovated or at least it be done by little and little So the Bâ—rgundians and oquitans were annexed to France The reason because partlty they have been accustomed to serve and partly for that they will not easily agree about any other to be their Prince if the Bloud Royall be casâ— extinguished As for the invasion of a forreign Countrey where into the Prince hath no right or whereof the right heir is living It is not the part of a just Civil Prince much less a Christian Prince to enforce such a countrey and therefore the Machiavillian practises in this case to make sure work by extiguishing wholly the Bloud Royall is lewd and impertinent The like is to be said of murthering the Natives or the greatest part of them to the end he may hold the rest in sure possession A thing not onely against Christian Religion but it is inhumane injustice cruel and barbarous 2. The safest way is supposing a right that some good part of the Natives be transplanted into some other place and our Colonies consisting of so many as shall be thought meet be planted there in some part of the Province Castls Forts and Havens seized upon and more provided in fit places as the manner was of the Babylonian Monarch which Transplanted 10. Jews And of the Romans in France Tribes of the Germany Britain other places The reason 1. For that otherwise Forces of Horse and Foot are to be maintained within the Provinceâ— which cannot be done without great charge 2. For that the whole Province is troubled and grieved with removing and supplying the Army with victual carriages c. 3. For that Colonies are more sure and faithfull than the rest As for the Natives that are removed from their former seats they have no means to hurt and the rest of the Natives being free from the inconvenience and fearing that themselves may be so served if they attempt any thing rashly are content to be quiet The Turks practise in Asia where the chief grounds and dwellings are possessed by the Souldiers whom they call Timariâ—tae That the Prince have his seat and his residence in his new purchase especially for a time till things be well setled especially if the Province be great and large as the Turks in Greece The reasons 1. Because the presence of the Prince availeth much to keep things in order and get the good will of his new Subjects 2. They conceive that they have refuge by the Princes presence if they be oppressed by the Lieutenants and inferiour Governours Where it will be convenient for the winning the peoples hearts that some example be made of punishing of such as have committed any violence or oppression 3. Because being present he seeth and heareth what is thought attempted and so may quickly give remedy to it which being absent he cannot do or not do in time 4. If the Prince himself cannot be present to reside then to take heed that the charge of Governing or new purchases be committed to such as be sure men and of other meet quality that depend wholly upon the Princes savour and not to Natives or other of their own Subjects that are gracious for their Nobility or Virtue especially if the Province be great and somewhat far distant which may soon seduce the unsetled affections of those new subjects As for such Governours as depend wholly upon the Princes savour being not born but created Noble they will not so easily suffer themselves to be won from their duty and in case they would revolt yet they are not able to make any great strength for that the people obey them but as instruments and ministers to keep them in Subjection and not for any ill will 5. To have the children of the chief Noble men and of greatest Authority Hostages with them in safe keeping the more the bettter For that no bond is stronger than that of nature to contain the Parents and Allies in obedience and they the rest 6 To
Machiavilian at the least and that he be taken so to be for that it maketh him more to be feared and regarded and is thought thereby not unworthy for to Govern others 2. To make shew not of severity but of gravity by seeming reverent and not terrible in his speech and gesture and habit and other demeanour 3. To pretend care of the Common-wealth And to that end to seem loath to exact Tributes and other charges and yet to make necessity of it where none is To that end to procure such War as can bring no danger toward his State and that might easily be compounded or some other chargeable business and to continue it on that he may continue his exaction and contribution so long as he list And thereof to imploy some in his publick service the rest to hoord upon his Treasury which is sometimes practised even by lawfull Princes as Edward the fourth in his Wars against France when have levied a great sum of money throughout his Realm especially of the Londoners he went over Seas and returned without any thing doing 4. Sometimes to give an account by open speech and publick writing of the expence of such Taxes and Impositions as he hath received of his subjects that he may seem to be a good husband and frugal and not a robbe of the Common-wealth 5. To that end to bestow some cost upon publick buildings or some other work for the Common good especially upon the Ports Forts and chief Cities of his Realm that so he may seem a benefactour have a delight in the adorning of his Country or doing some good for it 6. To forbid feastings and other meetings which increase love and give opportunity to confer together of publick matters under pretence of sparing cost for better uses To that end the Curficu Bell was first ordained by William the Conquerour to give men warning to repair home at a certain hour 7. To take heed that no one grow to be over-great but rather many equally great that they may envy and contend one with another and if he resolve to weaken any of this sort to do it warily and by degrees If quite to wreck him and to have his life yet to give him a lawfull tryal after the manner of his Country And if he proceed so far with any or great power and estimation as to do him contumely or disgrace not to suffer him to escape because contumely and disgrace are things contrarie unto Houour which great spirits do most desire and so are moved rather to a revenge for their disgrace than to any thankfulnesse or acknowledging the Princes favour for their pardon or dismission True in Athâ—ists but not in true Christian Nobility 8. To unarm his people and store up their weapons under pretence of keeping them safe and having them ready when service requireth and then to arm with them such and so many as he shall think meet and to commit them to such as are sure men 9. To make schism or division under hand among his Nobility and betwixt the Nobility and the people and to set one Rich man against another that they combine not together and that himself by hearing the griefs and complaints may know the secrets of both parts and so have matter against them both when it listeth him to call them to an account 10. To offer no man any contumely or wrong specially about womens matters by attempting the chastity of their Wives or Daughters which hath been the ruin of many Tyrants and conversion of their States As of Tarquinius by Brutus Appius by Virginius Pisistratus by Harmodius Alexander Medices Duke of Florence Aloisus of Placenâ—â—a Rodericus King of Spain c. 11. To that end to be moderate in his pleasures or to use them closely that he be not seen For that men sober or watchfull or such as seem so are not lightly subject to contempt or conspiracies of their own 12. To reward such as atchieve some great or commendable enterprize or do any speciall action for the Common-wealth in that manner as it may seem they could not be better regarded in case they lived in a Free-State 13. All rewards and things gratefull to come from himself but all punishments exactions and things ungratefull to come from his Officers and publick Ministers And when he hath effected what he would by them if he see his people discontented withall to make them a Sacrifice to pacifie his Subjects 14. To pretend great care of Religion and of serving God which hath been the manner of the wickedest Tyrants for that people do less fear any hurt from those whom they do think Virtuous and Religious nor attempt likely to do them hurt for that they think that God protects them 15. To have a strong and sure Guard of forreign Souldiers and to bind them by good turns that they having at least profit may depend upon him and the present State As Caeligula the German Guard where the Nobility are many and mighty The like is practised by Lawfull Kings as by the French King 16. To procure that other great persons be in the same fault or case with them that for that cause they be forced to defend the TYRANT for their own safetie 17. To take part and to joyn himself with the stronger part if the Common people and mean degree be the stronger to joyn with them if the Rich and Noble to joyn with them For so that part with his own strengh will be ever able to overmatch the other 18. So to frame his manners and whole behaviour as that he may seem if not perfectly good yet tolerably evil or somewhat good somewhat bad These Rules of Hypocriticall Tyrants are to be known that they may be avoided and met withall and not drawn into imitation Preservation of an Aristocracie RUles to preserve a Senatory State are partly taken from the common Axioms and partly from those that preserve a Kingdom Preservation of an Oligarchie by Sophisms Rules 1. IN Consultations and Assemblies about publick affairs to order the matter that all may have liberty to frequent their Common Assemblies and Councels But to impose a Fine upon the richer sort if they omit that duty On the other side to pardon the people if they absent themselves and to bear with them under pretence that they may the better intend their Occupations and not be hindered in their trades and earnings 2. In election of Magistrates and Officers To suffer the poorer sort to vow and abjure the bearing of Office under colour of sparing them or to enjoyn some great charge as incident to the Office which the poor cannot bear But to impose some great Fine upon those that be rich if they refuse to bear Office being Elect unto it 3. In judiciall matters In like manner to order that the people may be absent from publick Trials under pretence of following their businesse But the Richer to be present and to compel them by Fines to frequent
a Palmer fit To tread those blest Paths which before I writ Of Death Iudgement Heaven Hell Who oft doth think must needs Die wel Sir Raleigh's VERSES Found in his Bible in the Gate-house at Westminster EVen such is Time which takes in trust Our Youth our Ioye and all we have And pays us nought but Age and Dust When in the dark and silent Grave When we have wandred all our ways Shuts up the storie oâ— our days And from which Grave Earth Dust The Lord shall raise me up I trust Sir W. RALEIGH On the Snuff of a Candle The night before he died Cowards fear to Die but Courage stout Rather than Live in Snuff wil be put out Sir WALTER RALEIGH'S SPEECH Immediately before he was beheaded UPon Simon and Judes day the Lieutenant of the Tower had a Warrant to bring his Prisoner to the Kings-Bench W 〈◊〉 〈◊〉 where the Attorney Generall demanded Execution according to the Iudgement pronouâ—ced against him at W 〈…〉 the Lord Chief Iustice caused the Indictment Verdict and Iudgement to be read and after asked him what he could say Why he should not die according to the Law his answer was That this fifteen years he had lived by the meer mercy of the King and did now wonder how his Mercy was turned into Iustice he not knowing any thing wherein he had provoked his Majesties displeasure and did hope that he was clear from that Iudgement by the Kings Commission in making him Generall of the Voyage to Guiana for as he conceived the words To his trusty and well beloved subject c. Did in themselves imply a Pardon But Master Attorney told him these words were not sufficient for that purpose Whereupon he desired the opinion of the Court to which the Lord Chief Iustice replied it was no Pardon in Law Then began Sir Walter Raleigh to make a long description of the events and ends of his Voyage but he was interrupted by the Chief Iustice who told him that it was not for any offence committed there but for his first fact that he was now called in question and thereupon told him That seeing he must prepare to die he would not add affliction to affliction nor aggravate his fault knowing him to be a man full of misery but with the good Samaritane administer oyl and wine for the comfort of his distressed Soul You have been a Generall and a great Commander imitate therefore that noble Captain who thrusting himself into the middest of a Battell cried aloud Mors me Expectâ—t ego Mortem Expectabo as you should not contemn so to do nor should you fear death the one sheweth too much boldnesse the other no lesse cowardize so with some other few instructions the Court arose and Sir Walter was committed into the hands of the Sheriff of Middlesex who presently conveyed him to the Gate house in Westminster Upon Thursday morning this Couragious although Committed Knight was brought before the Parliament-house where there was a Scaffold erected for his Beheading yet it was doubted over-night that he should be hanged but it fell out otherwise He had no sooner mounted the scaffold but with a chearfull Countenance and andaunted Look he saluted the Companie His Attire was a wrought Night-cap a Ruff band a hair-coloured Sattin Doublet with a black wrought Waste-coat under it a pair of black cut Taffery Breeches a pair of ash-coloured Silk Stockings a wrought black Velvet Night gown putting off his Hat he directed his Speech to the Lords present as followeth My honourable Lords and the rest of my good friends that come to see me die Know that I much rejoyce that it hath pleased God to bring me from darknesse to night and in freeing me from the Tower wherein I might have died in disgrace by letting me love to come to this place where though I lose my life yet I shall clear some false accusations unjustly laid to my charge and leave behind me a testimony of a true heart both to my King and Country Two things there are which have exceedingly possest and provoked his Majesties indignation against me viz. A Confederacie or Combination with France and disloyall and disobedient words of my Prince For the first his Majestie had some cause hâ—â—â—gh groundes upon a weak foundation to suspect mine inclination to the French action for not long before my departure from England the French Agent took occasion passing by my house to visit me had some conference during the time of his abode onely concerning my voyage and nothing else I take God to witnesse Another suspition is had of me because I did labour to make an escape from Plymouth to France I cannot deny but that willingly when I heard a rumour That there was no hope of my Life upon my return to London I would have escaped so the safeguard of my Life and not for any ill intent or conspiracie against the State The like reason of suspition arose in that I perswaded Sir Lewis Steakly my Guardian to flee with me from London to France but my answer to this is as to the other That onely for my safeguard and thought else was my intent as I shall answer before the Almightie It is alleadged That I seigned my self sick and in art made my body full of blisters when I was at Salisbury True it is I did to the reason was because I hoped therebâ— to defer my coming before the King and Councell and so by delaying might have gaine time to have got my Pardon I have an Example out of Scripture for my warrant that in case of necessity and for the safeguard of my life David seigned himself foolish and mad yet it was not imputed to him for sin Concerning the second Imputation laid to my charge that I should speak scandalous and reprochfull words of my Prince there is no witnesse against me but onely one and he a Chimicall French man whom I entertained rather for his Iests than his Iudgement this man to incroach himself into the favour of the Lords and gaping after some great reward hath falsely accused me of Seditions speeches against his Majestie against whom if I did either speak or think a thought hurtfull or prejudiciall the Lord blot me out of the book of Life It is not a time to flatter or fear Princes for I am a subject to none but Death therefore have a charitable conceit of me That I know to swear is an offence to swear falsly at any time is a great sin but to swear false before the presence of Almightie God before whom I am forthwith to appear were an offence unpardonable therefore think me not now rashly or untruly to confirm or protest any thing As for other objections in that I was brought perforce into England that I carried sixteen thousand pounds in money out of England with me more than I I made known that I should receive Letters from the French King and such like with many
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