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

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so they wil be euer the other petition was reiected the King being pleas'd notwithstanding that the great Officers should take an oath in Parliament to doe Iustice. Now for the Parliament of Westminster in the 17 th yeare of the King the King had three markes and a halfe for euery sacke of wooll transported and in his 18 th he had a 10 th of the Clergy and a 15 ● of the Laity for one yeare His Maiesty forbare after this to charge his subiects with any more payments vntill the 29 th of his reigne when there was giuen the King by Parliament 50 for euery sacke of wooll transported for sixe yeares by which grant the King receiued a thousand marks a day a greater matter then a thousand pounds in these dayes a 1000 l a day amounts to 365000 a yeare which was one of the greatest presents that euer was giuen to a King of this land For besides the cheapnes of all things in that age the Kings souldiers had but 3 d a day wages a man at armes 6 l a Knight but 2 ● In the Parliament at Westminster in the 33 ● yeare he had 26 ● 8 d for euery sacke of wooll transported in the 42 t● yeare 3 dismes 3 fifteens In his 45 l yeare he had 50000 of the Layty because the Spiritualty disputed it did not pay so much the King chang'd his Chancellour Treasurer and Privy Seale being Bishops and placed Lay men in their roome COVNS It seemes that in those dayes the kings were no longer in loue with their great Chancellors then when they deserued well of them IVST No my Lord they were not that was the reason they were well serued it was the custome then in many ages after to change the Treasurer the Chancellour euery 3 yeares withall to heare all mens complaints against thē COVNS But by this often change the saying is verified that there is no inheritance in the fauour of Kings Hee that keepeth the figge tree saith Salomon shall eat the fruite thereof for reason it is that the seruant liue by the Master IVST My Lord you say well in both but had the subiect an inheritance in the Princes favor where the Prince hath no inheritance in the subiects fidelity then were kings in more vnhappy estate then common persons For the rest Salomon meaneth not that he that keepeth the figge tree should surfet though he meant he should eate hee meant not hee should breake the branches in gathering the figs or eate the ripe leaue the rotten for the owner of the tree for what saith hee in the following chapter he saith that he that maketh haste to be rich cannot be innocent And before that he saith that the end of an inheritance hastily gotten cannot be blessed Your Lordship hath heard of few or none great with Kings that haue not vsed their power to oppresse that haue not grown insolent hatefull to the people yea insolent towards those Princes that advanced them COVNS Yet you see that Princes can change their fancies IVST Yea my Lord when favorites change their faith when they forget that how familiar socuer Kings make thēselues with their Vassals yet they are kings He that provoketh a King to anger saith Salomon sinneth against his owne soule And he further saith that pride goeth before destruction and a high minde before a fall I say therefore that in discharging those Lucifers how deare soeuer they haue beene kings make the world know that they haue more of Iudgement then of passion yea they thereby offer a satisfactory sacrifice to all their people too great benefits of subjects to their King where the minde is blowne vp with their owne deseruings and too great benefits of Kings confer'd vpon their subiects where 〈◊〉 minde is not qualified with a great deale of modesty are equally dangerous Of this later and insolenter had King Richard the second deliuered vp to Iustice but three or foure he had still held the loue of the people and thereby his life and estate COVNS Well I pray you goe on with your Parliaments IVST The life of this great King Edward drawes to an end so doe the Parliaments of this time where in 50 yeares raigne he neuer receiued any affront for in his 49 th yeare he had a disme and a fifteene granted him freely COVNS But Sir it is an olde saying that all is well that ends well Iudge you whether that in his 50 th yeare in Parliament at Westminster hee receiued not an affront when the house vrged the King to remoue discharge frō his presence the Duke of Lancaster the Lord Latimer his Chamberlaine Sir Richard Sturry and others whom the King fauoured and trusted Nay they pressed the King to thrust a certaine Lady out of the Court which at that time bare the greatest sway therein IVST I will with patience answere your Lordship to the full and first your Lordship may remember by that which I euen now said that neuer King had so many gifts as this King had from his subiects and it hath neuer grieued the subiects of England to giue to their King but when they knew there was a devouring Lady that had her share in all things that passed and the Duke of Lancaster was as scraping as shee that the Chancellour did eat vp the people as fast as either of them both It grieued the subjects to feede these Cormorants But my Lord there are two things by which the Kings of England haue beene prest to wit by their subiects and by their owne necessities The Lords in former times were farre stronger more warlike better followed liuing in their countries then now they are Your Lordship may remember in your reading that there were many Earles could bring into the field a thousand Barbed horses many a Baron 5 or 600 Barbed horses whereas now very few of them can furnish twenty fit to serue the King But to say the truth my Lord the Iustices of Peace in England haue oppos'd the iniusticers of warre in England the kings writ runs ouer all the great Scale of England with that of the next Constables will serue the turne to affront the greatest Lords in England that shall moue against the King The force therefore by which our Kings in former times were troubled is vanisht away But the necessities remaine The people therefore in these later ages are no lesse to bee pleased then the Peeres for as the later are become lesse so by reason of the trayning through England the Commons haue all the weapons in their hands COVNS And was it not so euer IVST No my good Lord for the Noblemen had in their Armories to furnish some of thē a thousand some two thousand some three thousand men whereas now there are not many that can arme fifty COVNS Can you blame them But I will only answere for my selfe betweene you me be it spoken I holde it not safe to
they are justly or injustly laide IVST To impose vpon all things brought into the Kingdome is very auncient which imposing when it hath beene continued a certaine time is then called Customes because the subjects are accustomed to pay it yet the great taxe vpon wine is still called Impost because it was imposed after the ordinary rate of payment had lasted many yeares But we doe now a dayes vnderstand those things to bee impositions which are raised by the commaund of Princes without the aduice of the common-wealth though as I take it much of that which is now called custome was at the first imposed by Prerogatiue royall Now whether it be time or consent that makes them just I cannot define were they just because new and not justified yet by time or vnjust because they want a generall consent yet is this rule of Aristotle verified in respect of his Majestie Minus timent homines iniustum pati à principe quem cultorem dei putant Yea my Lord they are also the more willingly borne because all the world knowes they are no new Invention of the Kings And if those that advised his Maiestie to impose them had raised his lands as it was offered them to 20000 l more then it was and his wards to asmuch as aforesaid they had done him farre more acceptable seruice But they had their own ends in refusing the one and accepting the other If the land had beene raised they could not haue selected the best of it for themselues If the impositions had not been laide some of them could not haue their silkes others peeces in farme which indeed grieued the subiect tenne times more then that which his Maiestie enjoyeth But certainly they made a great advantage that were the advisers for if any tumult had followed his Maiesty ready way had beene to haue deliuered them ouer to the people COVNS But thinke you that the King would haue deliuered them if any troubles had followed IVST I know not my Lord it was Machiavels counsell to Caesar Borgia to doe it and K. H. the 8 deliuered vp Empson and Dudley yea the same King when the great Cardinall Woolsey who gouerned the King and all his estate had by requiring the sixt part of euery mans goods for the King raised a rebellion the King I say disavowed him absolutely that had not the Dukes of Norfolke and Suffolke appeased the people the Cardinall had sung no more Masse for these are the words of our Story The King then came to Westminster to the Cardinals palace and assembled there a great Councell in which he protested that his minde was neuer to aske any thing of his Commons which might sound to the breach of his Lawes Wherefore hee then willed them to know by whose meanes they were so strictly giuen foorth Now my Lord how the Cardinall would haue shifted himselfe by saying I had the opinion of the Iudges had not the rebellion beene appeal'd I greatly doubt COVNS But good Sir you blanch my question and answere mee by examples I aske you whether or no in any such tumult the people pretending against any one or two great Officers the King should deliuer them or defend them IVST My good Lord the people haue not stayde for the kings deliuery neither in England nor in France Your Lordship knowes how the Chauncellour Treasurer and Chiefe Iustice with many others at seuerall times haue bin vsed by the Rebels And the Marshals Constables and Treasurers in France haue beene cut in pieces in Charles the sixt his time Now to your Lordships question I say that where any man shall giue a King perilous advice as may either cause a rebellion or draw the peoples loue from the King I say that a King shal be advised to banish him But if the King doe absolutely commaund his seruant to doe any thing displeasing to the Common-wealth and to his own peril there is the King bound in honour to defend him But my good Lord for conclusion there is no man in England that will lay any invention either grieuous or against law vpon the Kings Maiesty And therefore your Lordships must share it amongst you COVNS For my part I had no hand in it I thinke Ingram was he that propounded it to the Treasurer IVST Alas my good Lord euery poore wayter in the Custome-house or euery promoter might haue done it there is no invention in these things To lay impositions and sell the Kings lands are poore and common devices It is true that Ingram and his fellowes are odious men and therefore his Maiestie pleas'd the people greatly to put him from the Coffership It is better for a Prince to vse such a kinde of men then to countenance them hang-men are necessary in a Commonwealth yet in the Nether-lands none but a hangmans sonne will marry a hang-mans daughter Now my Lord the last gathering which Henry the seuenth made was in his twentieth yeare wherein hee had another benevolence both of the Cleargy and Laity a part of which taken of the poorer sort hee ordained by his Testament that it should bee restored And for King Henry the eight although hee was left in a most plentifull estate yet he wonderfully prest his people with great payments for in the beginning of his time it was infinite that hee spent in Masking and Tilting Banquetting and other vanities before hee was entered into the most consuming expence of the most fond and fruitlesse warre that euer King vndertooke In his fourth yeare hee had one of the greatest subsedies that euer was granted for besides two fifteenes and two dismes hee vsed Dauids Lawe of Capitation or head-money and had of euery Duke ten markes of euery Earle fiue pounds of euery Lord foure pounds of euery Knight foure markes euery man rated at 8 ● in goods 4 markes and so after the rate yea euery man that was valued but at 40 paide 12 ● and euery man and woman aboue 15 yeares 4 ● Hee had also in his sixt yeare diuers subsedies granted him In his fourteenth there was a tenth demaunded of euery mans goods but it was moderated In the Parliament following the Clergie gaue the King the halfe of their spirituall liuings for one yeare of the Laity there was demanded 800000 ' which could not be levied in England but it was a marveilous great gift that the king had giuen him at that time In the Kings seuenteenth yeare was the Rebellion before spoken of wherein King disavowed the Cardinall In his seuenteenth yeare hee had the tenth and fifteenth giuen by Parliament which were before that time paide to the Pope And before that also the monyes that the King borrowed in his fifteenth yeare were forgiuen him by Parliament in his seuenteenth yeare In his 35 yeare a subsedy was granted of 4 ● the pound of euery man worth in goods from 20● to 5 ● from 5 ● to 10 l and vpwards of euery pound 2. And all strangers denisens and others doubled
confirme the great Charter For by reason of the vvars in France the losse of Rochell hee vvas then enforced to cōsent to the Lords in all they demanded In the 10●● of his reigne hee fined the citty of London at 50000 markes because they had receiued Lewes of France In the 11 th yeare in the Parliament at Oxford he revoked the great charter being granted vvhen he vvas vnder age gouerned by the Earle of Pembroke the Bishop of Winchester In this 11 th yeare the Earles of Cornevvall Chester Marshall Edward Earle of Pembroke Gilbert Earle of Gloucester Warren Hereford Ferrars Warwicke others rebelled against the King constrained him to yeeld vnto them in vvhat they demaunded for their particular interest vvhich rebellion being appeased he sayled into France in his 15 th yeare he had a 15 th of the temporality a disme a halfe of the Spirituality and vvithall escuage of euery Knights fee. COVNS But what say you to the Parliament of Westminster in the 16 th of the king where notwithstanding the wars of France and his great charge in repulsing the Welsh rebels he was flatly denyed the Subsedie demaunded IVST I confesse my Lord that the house excused themselues by reason of their pouerty and the Lords taking of Armes in the next yeare it was manifest that the house was practised against the king And was it not so my good Lord thinke you in our two last Parliaments for in the first euen those whom his Majestie trusted most betrayed him in the vnion in the secōd there were other of the great ones ran counter But your Lordship spake of dangers of Parliaments in this my Lord there was a deniall 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 vpon the K. were ouerturned with the counterbuffe for hee resumed all those lands which hee had given in his minority hee called all his exacting officers to accompt hee found them all faulty hee examined the corruption of other magistrates and from all these he drew sufficient mony to satisfie his present necessity whereby hee not onely spared his people but highly contented them with an act of so great Iustice Yea Hubert Earle of Kent the chiefe justice whom hee 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 yeare at the assemblie of the States at Lambeth the King had the fortith part of euery mans goods given him freely towards his debts for the people who the same yeare had refused to giue the King any thing when they sawe hee had squeased those spunges of the common wealth they willingly yeelded to giue him satisfaction COVNS But I pray you what became of this Hubert whō the King had favoured aboue all men betraying his Majestie as he did IVST There were many that perswaded the King to put him to death but he could not be drawne to consent but the King seized vpon his estate which was great yet in the end hee left him a sufficient portion and gaue him his life because hee had done great service in former times For his Majestie though hee tooke advantage of his vice yet hee forgot not to haue consideration of his vertue And vpon this occasion it was that the King betrayed by those whom hee most trusted entertayned strangers and gaue them their offices and the charge of his castles and strong places in England COVNS But the drawing in of those strangers was the cause that Marshall Earle of Pembroke moued warre against the King IVST It is true my good Lord but hee was soone after slaine in Ireland and his whole masculine race ten yeres extinguished though there were fiue sonnes of them Marshall being dead who was the mouer and ring-leader of that warre the King pardoned the rest of the Lords that had assisted Marshall COVNS What reason had the King so to doe IVST Because he was perswaded that they loued his person only hated those corrupt Counselours that then bare the greatest sway vnder him as also because they were the best men of warre hee had whom if he destroyed hauing warre with the French he had wanted Commanders to haue served him COVNS But what reason had the Lords to take armes IVST Because the King entertayned the Poictoui●s were not they the Kings vassals also Should the Spaniards rebell because the Spanish King trusts to the Neopolitans Portagues Millanoies and other nations his vassals seeing those that are governed by the Vice-royes and deputies are in pollicy to be well entertayned and to be employed who would otherwise devise how to free themselues whereas beeing trusted and imployed by their Prince they entertaine themselues with the hopes that other the Kings vassals doe if the King had called in the Spaniards or other Nations not his Subjects the Nobility of England had had reason of griefe But what people did euer serue the King of England more faithfully then the Gascoynes did even to the last of the conquest of that Duchy IVST Your Lordship sayes wel I am of that opinion that if it had pleased the Queene of Eng. to haue drawne some of the chiefe of the Irish Nobility into Eng. by exchange to haue made them good freeholders in Eng. shee had saued aboue 2. millions of pounds which were consumed in times of those rebellions For what held the great Gascoigne firme to the Crowne 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 Soueraigne Lord given lands to divers of the Nobility of Scotland And if I were worthy to advise your Lordship I should thinke 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 giue cause to the English to complaine that the treasure of England is transported into Scotland but his Majesty is thereby also frustrated of making both Nations one and of assuring the service and obedience of the Scots in future COVNS You say well for though those of Scotland that are advanced and enriched by the Kings Majesties will no doubt serue him faithfully yet how their heires successours hauing no inheritance to loose in England may be seduced is vncertaine But let vs goe on with our Parliament And what say you to the deniall in the 26 ● yeare 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 IVST It is true my
maintaine so great an Armory or Stable it might cause me or any other Nobleman to be suspected as the preparing of some Innovation IVST Why so my Lord rather to bee commended as preparing against all danger of Innovation COVNS It should be so but call your observation to accompt you shall find it as I say for indeed such a jelousie hath been held euer since the time of the Ciuill wars ouer the Military greatnes of our Nobles as made them haue litle will to bend their studies that wayes wherefore let euery man prouide according as hee is rated in the Muster booke you vnderstand me IVST Very well my Lord as what might be replyed in the preceiuing so much I haue euer to deale plainly and freely with your Lordship more fear'd at home popular violence then all the forreine that can be made for it can neuer bee in the power of any forreine Prince without a Papisticall party either to disorder or endanger his Majesties Estate COVNS By this it seemes it is no lesse dangerous for a king to leaue the power in the people then in the Nobility IVST My good Lord the wisdome of our owne age is the foolishnes of another the time present ought not to bee prefer'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 flowre 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 motiue of all dangers that euer this Monarchy hath vndergone should bee 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 hee subiect to necessity which because it was violent hee gaue way vnto it Potestas saith Pythagoras iuxia necessitatem habitat And it is true that at the request of the house he discharged put from him those before named which done he had the greatest gift but one that euer he receiued in all his dayes to wit from euery person man woman aboue the age of fourteen yeares 4 ● of old mony which made many Millions of Groats worth 6 ● of our mony This he had in generall besides he had of euery beneficed Priest 12 d. And of the Nobility 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 assoone as hee had the money in purse hee recalled the Lords and restored them 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 vnto him what doest thou saith the same Author for euery purpose there is a time judgment the King gaue way to the time his judgmēt persweded him to yeeld to necessity Consularius nemo melior est quàm tempus COVNS But yet you see the king was forc'd to yeeld to their demaunds IVST Doth your Lordship remember the saying of Monsieur de Lange that he that hath the profit of the warre hath also the honour of the warre 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 euermore respect vnto his ends And the king also knew that it was the loue that the people bare him that they vrged the remouing of those Lords there was no man among them that sought himselfe 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 roagues murtherers that follovved Iack Straw Wat Tyler after they had murthered his Chancellor his Treasurer Chiefe Iustice and others brake open his Exchequer and committed all manner of outrages and villanies and why did he doe it but to avoid a greater danger I say the Kings haue 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 feare their own dishonour and not the Kings for the honour of the King is supreame and being guarded by Iustice and piety it cannot receiue neither wound nor stayne COVNS But Sir what cause haue any about our King to feare a Parliament IVST 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 subiect at the request of the States were discharged and others put in their roomes COVNS And was not this a dishonour to the king IVST Certainly no for King Richard knew that his Grandfather had done the like and though the king was in his heart vtterly against it yet had hee the profite of this exchange for Suffolke was fined at 20000 markes 1000 ● lands COVNS Well Sir we will speake of those that feare the Parliament some other time but I pray you goe on with that that happened in the troublesome raigne of Richard the second who succeeded the Grandfather beeing dead IVST That king my good Lord was one of the most vnfortunate Princes that euer England had hee was cruell extreame prodigall and wholly carryed away with his two Minions Suffolk the duke of Ireland by whose ill advice others he was in danger to haue lost his estate which in the end being led by men of the like temper he miserably lost But for his subsedies hee had giuen him in his first yeare being vnder age two tenths and two fifteenes In which Parliament Alice Peirce who was remoued in king Edwards time with Lancaster Latimer and Sturry were confiscate banished In his second yeare at the Parliament at Glocester the King had a marke vpon euery sacke of wooll and 6 d the pound vpon wards In his third yeare at the Parliament at Winchester the Commons were spared and a subsedy giuen by the better sort the Dukes gaue 20 markes and Earles 6 markes Bishoppes and Abbots with myters fixe markes euery marke 3● 4 d euery Knight Iustice Esquier Shrieue Parson Vicar Chaplaine paid proportionably according to their estates COVNS This me thinkes was no great matter IVST It is true my Lord but a little mony went far in those dayes I my selfe once moued it in Parliament in the time of Queene Elizabeth who desired much to spare the Common people and I did it by her Commaundement but when we cast vp