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
pleas'd notwithstanding that the great Officers should take an oath in Parliament to do Iustice. Now for the Parliament of Westminster in the 17th year of the King the King had three markes and a half for every sack of Wooll transported and in his 18th he had a 10th of the Clergie and a 15th of the Laity for one year His Majestie forbare after this to charge his Subjects with any more payments untill the 29th of his reigne when there was given the King by Parliament 50 for every sack of Wool transported for six yeares by which grant the King received a thousand markes a day a greater matter then a thousand pounds in these dayes and a 1000l a day amounts to 365000l a year which was one of the greatest presents that ever was given to a King of this land For besides the cheapenesse of all things in that age the Kings souldiers had but 3d. a day wages a man at armes 6d a Knight but 2s In the Parliament at Westminster in the 33th year he had 26s 8d for every sack of Wooll transported in the 42th year 3 dismes and 3 fifteens In his 45th year he had â—0000l of the Laity and because the Spiritualty disputed it and did not pay so much the King chang'd his Chancellour Treasurer Privy Seal being Bishops and placed Lay men in their roome COUNS. It seems that in those dayes the Kings were no longer in love with their great Chancellors then when they deserved well of them JUST No my Lord they were not and that was the reason they were well served and it was the custome then and in many ages after to change the Treasurer the Chancellour every 3 years and withall to hear all mens complaints against them COUNS. But by this often change the saying is verified that there is no inheritance in the favour of Kings He that keepeth the figge-tree saith Solomon shall eate the fruit thereof for reason it is that the servant live by the Master JUST My Lord you say well in both but had the subject an inheritance in the Princes favour where the Prince hath no inheritance in the Subjects fidelity then were Kings in more unhappy estate then common persons for the rest Solomon meaneth not that he that keepeth the figge tree should surfet though he meant he should eat he meant not he should break the branches in gathering the figs or eat the ripe and leave the rotten for the owner of the tree for what saith he in the following chapter he saith that he that maketh hast to be â—ich 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 have not used their power to oppresse that have not growne insolent and hatefull to the people yea insolent towards those Princes that advanced them COUNS. Yet you see that Princes can change their fancies IUST Yea my Lord when favorites change their faith when they forget that how familiar soever Kings make themselves with their Vassals yet they are Kings He that provoketh a King to anger saith Solomon sinneth against his own soul. And he further saith that pride goeth before distruction and a high mind before afall I say therefore that in discharging those Lucifers how dear soever they have been Kings make the world know that they have 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 mind is blown up with their own deservings and to great benefits of Kings conferr'd upon their Subjects where the mind is not qualified with a great deal of modesty are equally dangerous Of this later and insolenter had King Richard the second delivered up to Iustice but three or four he had still held the love of the people and thereby his life and estate COUNS. Well I pray you go on with your Parliaments IUST The life of this great King Edward drawes to an end so do the Parliaments of this time wherein 50 years raigne he never received any affront for in his 49th year he had a disme and a fifteen granted him freely COUNS. But Sir it is an old saying that all is well that ends well Iudge you whether that in his 50th year in Parliament at Westminster he received not an affront when the house urged the King to remove and discharge from his presence the Duke of Lancaster the Lord Latimer his Chamberlaine Sir Richard Sturry and others whom the King favoured and trusted Nay they pressed the King to thrust a certain Lady out of Court which at that time bare the greatest sway therein IUST I will with patience answer your Lordship to the full and first your Lordship may remember by that which I even now said that never King had so many gifts as this King had from his subjects and it hath never grieved the subjects of England to give 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 up the people as fast as either of them both It grieved the subjects to feed these Cormorants But my Lord there are two things by which the Kings of England have been prest to wit by their subjects and by their own necessities The Lords in former times were farre stronger more warlike better followed living 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 serve the King But to say the truth my Lord the Iustices of peace in England have oppos'd the injusticers of war in England the Kings writ runs over all and the great Seal of England with that of the next Constables will serve the turn to affront the greatest Lords in England that shall move against the King The force therefore by which our Kings in former times were troubled is vanisht away But the necessities remain The people therefore in these later ages are no lesse to be pleased then the Peeres for as the later are become lesse so by reason of the trayning through England the Commons have all the weapons in their hand COUNS. And was it not so ever IUST No my good Lord for the Noblemen had in their Armories to furnish some them a thousand some two thousand some three thousand men whereas now there are not many that can arme fifty COUNS. Can you blame them But I will onely answer for my self between you and me be it spoken I hold it not safe to mantain so great an Armory or Stable it might cause me or any other Nobleman to be suspected as the preparing of some Innovation IUST Why so my
hope to perform what we have undertaken if the diligent care at London to make our strength known to the Spanish King by his Ambassadour have not taught the Spanish King to fortifie all the enterances against us howsoever we must make the adventure and if we perish it shall be no honour for England nor gain for his Majestie to loose among many other an hundred as valiant Gentlemen as England hath in it Of Captain Baylâ—â—s base coming from us at the Canaries see a Letter of Kemishes to Mr cory of the unnatural weather storms rains and winds He hath in the same letter given a touch of the way that hath ever been sailed in fourteen days now hardly performed in fourtie days God I trust will give us comfort in that which is to come In passage to the Canaries I stayed at Gomerah where I took water in peace because the Countrey durst not denie it me I received there of an English race a Present of Oranges Lemmons Quinces Pome-granates without which I could not have lived those I preserved in fresh sands and I have of them yet to my great refreshing Your son had never so good health having no distemper in all the heat under the Line All my servants have escaped but Crab and my Cook yet all have had the sickness Crofts and March and the rest are all well Remember my service to my Lord Carew and Mr Secretarie Winwood I write not to them for I can write of nought but miseries yet of men of sort we have lost our Serjeant Major Captain Pigott and his Lieuetenant Captain Edward Hastings who would have died at home for both his liver spleen and brains were rotten My sons Lieuetenant Payton and my cosin Mr. Hews Mr. Mordant Mr. Gardiner Mr. Hayward Captain Jennings the Merchant Kemish of London and the Master Chyrurgion Mr. Refiner Mr. Moor the Governour of the Barmoudas our Provost Marsh. W. Steed Lieutenant Vescie but to mine inestimable grief Hammon and Talbâ—t By the next I trust you shall hear better of us in Gods hands we were and in him we trust This bearer Captain Alley for his infirmitie of his head I have sent back an honest valiant man he can deliver you all that is past Commend me to my worthy friends at Loathbury Sr John Leigh and Mr. Bowâ—r whose Nephew Knevil is well and to my cosin Blundell and my most devoted and humble service to her Majestie To tell you that I might be here King of the Indiâ—n were a vanitie but my name hath still lived among them here they feed me with fresh meat and all that the Countrey yields all offer to obey me Commend me to poor Carew my son From Galliana in Guiana the 14 of November Sir Raleigh's Letter to Sir Ralph Winwood SIR AS I have not hitherto given you any Account of our proceedings and passages towards the Indes so have I no other subject to write of than of the greatest misfortunes that ever befell any man for whereas for the first All those that Navigate between Cape de Vera and America do passe between fifteen or twentie days at most we found the wind so contrary and which are also contrary to nature so many storms and rains as we spent six weeks in the passage by reason whereof and that in so great heat we wanted water for at the Isle Prano of Cape de vero we lost our Anchours and Cables and our water Casks being driven from the Island with a Huâ—â—â—icano and were like all to have perished Great sicknesse fell amongst us and carried away great numbers of our ablest men both for sea and land The 17 of November we had sight of Guiana and soon after came to Anchour in five degrees at the River Gallianâ— here we staid till the fourth of December landed our sick men set up the Barges and Shallops which were brought out of England in quarters washed our Ships and took in fresh water being sed and cherished by the Indians of my old acquaintance with a great deal of love and respect my self being in the hands of death these 6 weeks and was not able otherwise to move than as I was carried in a chair gave order to 5 small Ships to sail into Orinoque having Captain Kemts for their Conductor towards the Mynes and in those five Ships five Companies of 50 under the command of Captain Parker and Captain North brethren to the Lord Mounteagle and the Lord North valiant Gentlemen and of infinite patience for the labour hunger and heat which they have endured my son had the third Company Captain Thornix of Kent the fourth Company Captain Chidlez by his Lieutenant the fifth but as my Sergeant Major Captain Peggot of the Low Countreys died in the former miserable passage so my Lieutenant Sir Warham S. Letter lay sick without hope of life and the charge conferred on my Nephew George Raleigh who had also served long with infinite commendations but by reason of my absence and of Sir Warhams was not so well obeyed as the Enterprize required As they passed up the River the Spaniard began the War and shot at us both with their Ordinance and Muskets whereupon the Companies were forced to charge them and soon after beat them out of the Town In the Assault my son more desirous of honour than safetie was slain with whom to say truth all the respects of this world have taken end in me And although these five Captains had as weak Companies as ever followed valiant Leaders yet were there amongst them some twentie or thirtie valiant adventurous Gentlemen and of singular courage as of my sons Companie Mr. Knivet Mr. Hammon Mr. Longwirth Mr. Iohn Pleasington his Officers Sir Iohn Hamden Mr. Simon Leak Corporall of the Field Mr. Hammon the elder Brother Mr. Nicholas of Buckingham Mr. Roberts of Kent Mr. Perin Mr. Tresham Mr. Mullinax Mr. Winter and his brother Mr. Wray Mr. Miles Herbart Mr. Bradshavv Capt. Hill and others Sir I have set down the names of these Gentlemen to the end that if his Majestie shall have cause to use their service it may please you to take notice of them for very sufficient Gentlemen The other five Ships staid at Trinidads having no other Port capable for them near Guiana The second Ship was commanded by my Vice Admirall Capt. John Pennington of whom to do him right he is one of the sufficientest Gentlemen for the Sea that England hath The third by Sir Warham S. Leiger an exceeding valiant and worthy Gentleman The fourth by Sr John Fern The fifth by Captain Chidley of Devon With these five Ships I daily attended their Armado of Spain which had they set upon us our force divided the one half in Orinoque an hundred and fiftie miles from us we had not onely been torn in pieces but all those in the River had also perished being of no force at all for the Sea fight for we had resolved to have been burnt by
Protestations he utterly denied FINIS The PREROGATIVE Of PARLIAMENTS In ENGLAND Proved In a Dialogue between a Counsellour of State and a Iustice of Peace Written by the worthy Knight Sir WALTER RALEIGH Dedicated to that part of the Parliament now assembled Preserved to be now happily in these distracted Times Published LONDON Printed for William Sheares Iunior in Westminster Hall 1657. To the KING Most gracious Soveraign THose that are supprest and helpelesse are commonly silent wishing that the common ill in all sort might be with their particular misfortunes which disposition as it is uncharitable in all men so would it be in me more dogge-like then man-like to bite the stone that strooke me to wit the borrowed authority of my Soveraigne misinformed seeing their armes and hunds that flang it are most of them already rotten For I must confesse it ever that they are debts and not discontentments that your Majesty hath laid upon me the debts and obligation of a friendlesse adversity farre more payable in all Kinds then those of the prosperous All which nor the least of them though I cannot discharge I may yet endeavour it And notwithstanding my restraint hath retrenched all wayes as well the wayes of labour and will as of all other imployments yet hath it left with me my cogitations then which I have nothing else to offer on the Altar of my Love Of those most gracious Soveraigne I have used some part in the following dispute between a Counsellour of Estate and a Iustice of Peace the one disswading the other perswading the calling of a Parliament In all which since the Norman Conquest at the least so many as Histories have gathered I have in some things in the following Dialogue presented your Majesty with the contentions and successes Some things there are and those of the greatest which because they ought first to be resolved on I thought fit to range them in the front of the rest to the end your Majesty may be pleased to examine your own great and Princely heare of their acceptance or refusall The first is that supposition that your Majesties Subjects give nothing but with adjuction of their own interest interlacing in one and the same act your Majesties reliefe and their own liberties not that your Majesties piety was ever suspected but because the best Princes are ever the least jealous your Majesty judging others by your self who have abused your Majesties trust The fear'd continuance of the like abuse may perswade the provision But this caution how ever it seemeth at first sight your Majesty shall perceive by many examples following but frivolous The bonds of Subjects to their Kings should alwayes be wrought out of Iron the bonds of Kings unto Subjects but with Cobwebs This it is most renowned Soveraigne that this trafficke of assurances hath been often urged of which if the Conditions had been easie our Kings have as easily kept them if hard and prejudiciall either to their honours or estates the Creditours have been paid their debts whith their own presumption For all binding of a King by Law upon the advantage of his necessity makes the breach it self lawfull in a King His Charters and all other instruments being no other then the surviuing witnesses of unconstrained will Princeps non subjicitur nifi sua voluntate libera mero motu certa Scientia Necessary words in all the grants of a King witnessing that the same grants were given freely and knowingly The second resolution will rest in your Majesty leaving the new impositions all Monopolies and other grievances of the people to the consideration of the House Provided that your Majesties revenue be not abated which if your Majesty shall refuse it is thought that the disputes will last long and the issues will be doubtfull And on the contrary if your Majesty vouchsafe it it may perchance be stiled a yeelding which seemeth by the sound to brave the Regalty But mose excellent Prince what other is it to th' eares of the Wise but as the sound of a trumpet having blasted forth a false Alarme becomes but common aire Shall the head yeeld to the feete certainly it ought when they are grieved for wisdome will rather regard the commodity then object the disgrace seeing if the feet lye in fetters the head cannot be freed and where the feet feele but their own paines the head doth not onely suffer by participiation but withall by consideration of the evill Certainly the point of honour well weighed hath nothing in it to even the ballance for by your Majesties favour your Majesty doth not yeeld either to any person or to any power but to a dispute onely in which the Proposition and Minor prove nothing without a conclusion which no other person or power can make but a Majesty yea this in Henry the third his time was called a wisedome incomparable For the King raised again recovery his authority For being in that extremity as he was driven with the Queen and his Children Cum Abbatibus Prioribus satis humilibus hospitia quaerere prandia For the rest may it please your Majesty to consider that there can nothing befall your Majesty in matters of affaires more unfortunately then the Commons of Parliament with ill successe A dishonour so perswasive and adventurous as it will not onely find arguments but it will take the leading of all enemies that shall offer themselves against your Majesties estate Le Tabourin de la paurete ne faict poinct de breuct of which dangerous disease in Princes the remedy doth chiefly consist in the love of the people which how it may be had held no man knowes better then your Majesty how to loose it all men know and know that it is lost by nothing more then by the defence of others in wrong doing The onely motives of mischances that ever come to Kings of this Land since the Conquest It is onely love most renowned Soveraign must prepare the way for your Majesties following desires It is love which obeyes which suffers which gives which stickes at nothing which Love as well of your Majesties people as the love of God to your Majesty that it may alwayes hold shall be the continuall prayers of your Majesties most humble vassall Walter Ralegh A DIALOGUE Between a COUNSELLOUR of STATE And a JUSTICE of PEACE COUNSELLOUR NOW Sir what think you of M. S. Iohns tryall in Star-Chamber I know that the bruit ranne that he was hardly dealt withall because he was imprisoned in the Tower seeing his disswasion from granting a Benevolence to the King was warranted by the Law JUSTICE Surely Sir it was made manifest at the hearing that M. S. Iohn was rather in love with his own letter he confessed he had seen your Lordships letter before hee wrote his to the Major of Marleborough and in your Lordships letter there was not a word whereto the Statutes by Mr. Sr. Iohn alleadged had reference for those Statutes did condemn the
Hold you contented Sir the King needs no great disswasion IUST My Lord learn of me that â—here is none of you all than can â—erce the King It is an essentiall property of a man truely wise not to oâ—en all the boxes of his bosome even â—o those that are near'st dear'st unto him for when a man is discovered to the very bottome he is after the lesse esteemed I dare undertake that when your Lordship hath served the King twice twelve years more you will find that his Majesty hath reserved somewhat beyond all your capacities his Majesty hath great reason to put off the Parliament at his last refuge and in the mean time to make tryall of all your loves to serve him for his Majesty hath had good experience how well you can serve your selves But when the King finds that the building of your own fortunes and factions hath been the diligent studies and the service of his Majesty but the exercises of your leasures He may then perchance cast himself upon the generall love of his people of which I trust he shall never be deceived and leave as many of your Lordships as have pilfered from the Crown to their examination COUNS. Well Sir I take no great pleasure in this dispute goe on pray IUST In that Kings 5th year he had also a subsedy which is got by holding the house together from Easter to Christmas and would not suffer them to depart He had also a subsedy in his ninth year In his eleventh year the commons did again presse the King to take all the temporalities of the Church men into his hands which they proved sufficient to maintain 150. Earls 1500. Knights and 6400. Esquiers with a hundred hospitals but they not prevailing gave the king a subsedy As for the notorious Prince Henry the fift I find that he had given him in his second year 300000. markes and after that two other subsedies one in his fifth year another in his ninth without any disputes In the time of his successor Henry the sixt there were not many subsedies In this third year he had a subsedy of a Tunnage and poundage And here saith Iohn Stow began those payements which we call customes because the payement was continued whereas before that time it was granted but for a year two or three according to the Kings occasions He had also an ayde gathering of money in his fourth year and the like in his tenth year and in his thirteenth year a 15th He had also a fifteenth for the conveying of the Queen out of France into England In the twenty eight year of that King was the act of Resumption of all honours towns castles Signeuries villages Manors lands tenements rents reversions fees c. But because the wages of the Kings servants were by the strictness of the act also restrained this act of Resumption was expounded in the Parliament at Reading the 31th year of the Kings reigne COUNS. I perceive that those 〈◊〉 of Resumption were ordinary in former times for King Stephen resumed the lands which in former times he had given to make friends during the Civill wars And Henry the second resumed all without exception which King Stephen had not resumed for although King Stephen took back a great deal yet he suffered his trustiest servants to enjoy his gift IUST Yes my Lord and in after times also for this was not the last nor shall be the last I hope And judge you my Lord whether the Parliaments doe not only serve the King whatsoever is said to the contrary for as all King Henry the 6. gifts graunts were made void by the Duke of York when he was in possession of the Kingdome by Parliament So in the time of K. H. when K. Edw. was beaten out again the Parliament of Westminster made all his acts voyd made him and all his followers traytors and gave the King many of their heads lands The Parliaments of England do alwayes serve the King in possession It served Rich. the second to condemne the popular Lords It served Bollingbrooke to depose Rich. When Edw. the 4. had the Scepter it made them all beggars that had followed H. the 6. And it did the like for H. when Edw. was driven out The Parliaments are as the friendship of this world is which alwayes followeth prosperity For King Edw. the 4. after that he was possessed of the Crown he had in his 13. year a subsedy freely given him and in the year following he took a benevolence through England which arbitrary taking from the people served that ambitious traytor the Duke of Bucks After the Kings death was a plausible argument to perswade the multitude that they should not permit saith Sir Thomas Moore his line to raigne any longer upon them COUNS. Well Sir what say you to the Parliament of Richard the third his time IUST I find but one and therein he made diverse good Laws For King Henry the seventh in the beginning of his third year he had by Parliament an ayde granted unto him towards the relief of the Duke of Brittain then assailed by the French King And although the King did not enter into the warre but by the advice of the three estates who did willingly contribute Yet those Northern men which loved Richard the third raised rebellion under colour of the money impos'd and murthered the Earle of Northumberland whom the King employed in that Collection By which your Lordship sees that it hath not been for taxes and impositions alone that the ill disposed have taken Armes but even for those payments which have been appointed by Parliament COUNS. And what became of these Rebels IUST They were fairly hang'd the money levied notwithstanding in the Kings first year he gathered a marvailous great masse of money by a benevolence taking pattern by this kind of levie from Edw. 4th But the King caused it first to be moved in Parliament where it was allowed because the poorer sort were therein spared Yet it is true that the King used some art for in his Letters he declared that he would measure every mans affections by his gifts In the thirteenth year he had also a subsedy whereupon the Cornish men took Armes as the Northern men of the Bishoprick had done in the third year of the King COUNS. It is without example that ever the people have rebelled for any thing granted by Parliament save in this Kings dayes IUST Your Lordship must consider that he was not over much beloved for he took many advantages upon the people and the Nobility both COUNS. And I pray you what say they now of the new impositions lately laid by the Kings Majesty do they say that they are justly or unjustly laid IUST To Impose upon all things brought into the Kingdome is very ancient which imposing when it hath been continued a certain time is then called Customes because the subjects are accustomed to pay it and yet the great taxe upon wine is
Commissioners which because one of the Aldermen refused to pay he was sent for a souldier into Scotland He had also another great subsedy of six shillings the pound of the Clergy and two shillings eight pence of the goods of the Laity and four shillings the pound upon Lands In the second yeare of Edward the sixt the Parliament gave the King an aid of twelve pence the pound of goods of his Naturall subjects and two shillings the pound of strangers and this to continue for three yeares and by the statute of the second and third of Edward the sixt it may appear the same Parliament did also give a second aid as followeth to wit of every Ewe kept in severall pastures 3d of every weather kept as aforesaid 2d of every sheep kept in the Common 1d ob The House gave the King also 8d the pound of every woollen cloath made for the sale throughout England for three years In the third and fourt of the King by reason of the troublesome gathering of the poly money upon sheep and the tax upon cloath this act of subsedy was repeal'd and other relief given the King and in the seventh yeare he had a subsedy and two fifteens In the first yeare of Queen Mary tunnage and poundage were granted In the second yeare a subsedy was given to King Philip and to the Queen she had also a third subsedy in Annis 4. 5. Eliz. Reg Now my Lord for the Parliaments of the late Queens time in which there was nothing new neither head money nor sheep money nor escuage nor any of these kinds of payments was required but onely the ordinary subsedies and those as easily graunted as demanded I shall not need to trouble your Lordship with any of them neither can I inform your Lordship of all the passages and acts which have passed for they are not extant nor printed COUNS. No it were but time lost to speak of the latter and by those that are already remembred we may judge of the rest for those of the greatest importance are publick But I pray you deal freely with me what you think would be done for his Majesty If he should call a Parliament at this time or what would be required at his Majesties hands IUST The first thing that would be required would be the same that was required by the Commons in the thirteenth yeare of Hen. the eight to wit that if any man of the commons house should speak more largely then of duty he ought to do all such offences to be pardoned and that to be of record COUNS. So might every Companion speak of the King what they list IUST No my Lord the reverence which a Vassall oweth to his Soveraigne is alwaies intended for every speech howsoever it must import the good of the King and his estate and so long it may be easily pardoned otherwise not for in Queen Elizabeths time who gave freedome of speech in all Parliaments when Wentworth made those motions that were but supposed dangerous to the Queens estate he was imprisoned in the Tower notwithstanding the priviledge of the house and there died COUNS. What say you to the Scicilian vespers remembred in the last Parliament IUST I say he repented him heartily that used that speech and indeed besides that it was seditious this example held not The French in Scicily usurped that Kingdome they neither kept law nor faith they took away the inheritance of the Inhabitants they took from them their wives and ravished their daughters committing all other insolencies that could be imagined The Kings Majesty is the Naturall Lord of England his Vassals of Scotland obey the English Laws if they break them they are punished without respect Yea his Majesty put one of his Barons to a shamefull death for being consenting onely to the death of a Common Fencer And which of these ever did or durst commit any outrage in England but to say the truth the opinion of packing the last was the cause of the contention and disorder that happened COUNS. Why sir do you not think it best to compound a Parliament of the Kings servants and others that shall in all obey the Kings desires IUST Certainly no for it hath never succeeded well neither on the kings part nor on the subjects as by the Parliament before-remembred your Lordship may gather for from such a composition do arise all jealousies and all contentions It was practized in elder times to the great trouble of the kingdome and to the losse and ruine of many It was of latter time used by King Henry the eight but every way to his disadvantage When the King leaves himself to his people they assure themselves that they are trusted and beloved of their king and there was never any assembly so barborus as not to answer the love and trust of their King Henry the sixt when his estate was in effect utterly overthrown and utterly impoverished at the humble request of his Treasurer made the same known to the House Or other wise using the Treasurers own words He humbly desired the King to take his Staffe that he might save his wardship COUNS. But you know they will presently be in hand with those impositions which the King hath laid by his own Royall Prerogative IUST Perchance not my Lord but rather with those impositions that have been by some of your Lordships laid upon the King which did not some of your Lordships fear more then you do the impositions laid upon the Subjects you would never disswade his Majesty from a Parliament For no man doubted but that his Majesty was advised to lay those impositions by his Councell and for particular things on which they were laid the advice came from petty fellows though now great ones belonging to the Custome-House Now my Lord what prejudice hath his Majesty his Revenue being kept up if the impositions that were laid by the generall Councell of the Kingdome which takes off all grudging and complaint COUNS. Yea Sir but that which is done by the King with the advice of his private or privy Councell is done by the Kings absolute power IUST And by whose power it is done in parliament but by the Kings absolute power Mistake it not my Lord The three Estates do but advise as the privy Councell doth which advice if the King imbrace it becomes the Kings own Act in the one and the Kings Law in the other for without the Kings acceptation both the publick and private advices be but as empty Egg shels and what doth his Majesty lose if some of those things which concerns the poorer sort to be made free again and the Revenue kept up upon that which is superfluous Is it a losse to the King to be beloved of the Commons If it be revenue which the King seeks is it not better to take it of those that laugh then of those that cry Yea if all be conten to pay upon moderation change of the Species Is it