the K. the Prince were cōstrained to yeeld to the Lords A cōstrained consent is the consent of a Captiue not of a K. therefore there was nothing done there either legally or royally For if it be not properly a Parliament where the subiect is not free certainely it can be none where the King is bound for all Kingly rule was taken from the King and twelue Peeres appointed and as some writers haue it 24 Peeres to gouerne the Realme and therefore the assembly made by Iack Strawe other rebels may aswell bee called a Parliament as that of Oxford Principis nomen habere non est esse Princeps for thereby was the King driuen not only to cōpoūd all quarrels with the French but to haue meanes to be revenged on the rebell Lords but he quitted his right to Normādy Aniou Mayne COVNS But sir what needed this extremity seeing the Lords required but the confirmation of the former Charter which was not preiudiciall to the King to graunt IVST Yes my good Lord but they insulted vpon the King and would not suffer him to enter into his own castles they put downe the Purvey or of the meate for the maintenance of his house as if the King had beene a bankrupt and gaue order that without ready money he should not take vp a Chicken And though there is nothing against the royalty of a King in these Charters the Kings of England beeing Kings of freemen and not of slaues yet it is soe contrary to the nature of a King to bee forced euen to those thinges which may be to his advantage as the King had some reason to seeke the dispensation of his oath from the Pope and to drawe in strangers for his owne defence yea Iure saluo Coronae nostrae is intended inclusiuely in all oathes and promises exacted from a Soueraigne COVNS But you cānot be ignorant how dangerous athing it is to cal in other natiōs both for the spoile they make as also so because they haue often held the possession of the best places with which they haue beene trusted IVST It is true my good Lord that there is nothing so daungerous for a King as to be constrained and held as prisoner to his vassals for by that Edward the second and Richard the second lost their Kingdomes and their liues And for calling in of strangers was not King Edward the sixth driuen to call instrangers against the rebels in Norfolke Cornewall Oxfordshire and elsewhere Haue not the K s. of Scotland beene oftentimes constrained to entertaine strangers against the Kings of England And the King of England at this time had he not bin diuerse times assisted by the Kings of Scotlād had bin endāgered to haue bin expelled for ever COVNS But yet you knowe those Kings were deposed by Parliament IVST Yea my good Lord being Prisoners being out of possession and being in their hands that were Princes of the blood and pretenders It is an old countrey prouerbe that might overcomes right a weake title that weares a strong sword commonly prevailes against a strong title that weares but a weake one otherwise Philip the second had never bin Duke of Portugal nor Duke of Millayne nor K. of Naples Scicilie But good Lord Errores not sunt trah udi in exemplum I speake of regall peaceable and lawfull Parliaments The King at this time was but a King in name for Glocester Leycester and Chichester made choise of other Nyne to whom the rule of the Realme was committed the Prince was forced to purchase his liberty frō the Earle of Leycester by giuing for his ransome the County Pallatine of Chester But my Lord let vs judge of those occasions by their events what became of this proud Earle was hee not soone after slaine in Euesham was he not left naked in the field and left a shamefull spectacle his head being cut off from his shoulders his priuy parts from his body laid on each side of his nose And did not God extinguish his race after which in a lawfull parliament at Westminster confirmed in a following parliament of Westminster were not all the Lords that followed Leycester disinherited And when that foole Glocester after the death of Leycester whom he had formerly forsaken made himselfe the head of a second rebellion and called in strangers for which not lōg before he had cried out against the K. was not hee in the end after that hee had seene the slaughter of so many of the Barons the spoile of their castles Lordships constrained to submit himselfe as all the suruiuers did of which they that sped best payd their sines and ransomes the King reserving to his younger sonne the Earledomes of Leycester and Derby COVN Well sir we haue disputed this King to his graue though it be true that he outliued all his enimies brought them to confusion yet those examples did not terrifie their successors but the Earle Marshall and Hereford threatned King Edward the first with a new warre IVST They did so but after the death of Hereford the Earle Marshall repented himselfe and to gaine the Kings favour he made him heire of all his lands But what is this to the Parliament for there was never K. of this land had more giuen him for the time of his raigne then Edward the sonne of Henry the third had COVNS How doth that appeare IVST In this sort my good Lord in this kings third yeare he had giuen him the fifteenth part of all goods In his sixt yeare a twentith In his twelfth yeare a twentyeth In his fourteenth yeare hee had escuage to wit forty shillings of euery knights Fee in his eighteenth yeare hee had the eleventh part of all moueable goods within the kingdome in his nineteenth yeare the tenth part of all Church liuings in England Scotland and Ireland for sixe yeares by agreement from the Pope in his three twentith yeare he raised a taxe vpō wooll and fels on a day caused all the religious houses to be searched al the treasure in thē to be seized brought to his coffers excusing himselfe by laying the fault vpō his treasurer he had also in the end of the same yeare of algoods of all Burgesses of the Commons the 10 ◠part in the 25 ◠yeare of the Parliamēt of S t Edmūdsbury he had an 18 th part of the goods of the Burgesses and of the people in generall the tenth part Hee had also the same yeare by putting the Clergy out of his protection a fift part of their goods and in the same yeare he set a great taxe vpon wools to wit from halfe a marke to 40 ◠vpon euery sacke wherevpon the Earle Marshall and the Earle of Hereford refusing to attend the King into Flanders pretended the greeuances of the people But in the end the king hauing pardoned thē cōfirmed the great Charter he had the ninth penny of all goods from the Lords and
this summe strangers not being inhabitants aboue 16 yeares 4 â— a head All that had Lands Fees and Annuities from 20 to 5â— and so double as they did for goods And the Cleargy gaue 6 the pound In the thirty seuenth yeare a Benevolence was taken not voluntary but rated by Commissioners which because one of the Aldermen refused to pay he was sent for a soldier into Scotland He had also another great subsedy of sixe shillings the pound of the Clergy and two shillings eight pence of the goods of the Laity and foure shillings the pound vpon Lands In the second yeare of Edward the sixt the Parliament gaue the King an ayde of twelue pence the pound of goods of his Natural subiects 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 appeare the same Parliament did also giue a second ayde as followeth to wit of euery Ewe kept in seuerall pastures 3 of euery weather kept as aforesaid 2 â— of euery sheepe kept in the Common 1 â— ob The House gaue the King also 8 the pound of euery woollen cloath made for the sale throughout England for three yeares In the third and fourth of the King by reason of the troublesome gathering of the polymony vpon sheepe the taxe vpon cloath this acte of subsedy was repeal'd and other reliefe giuen the King and in the kings seauenth yeare hee had a subsedy and two fifteenes In the first yeare of Queene Mary tunnage and poundage were granted In the second yeare a subsedy was giuen to King Philip and to the Queene shee had also a third subsedy in Annis 4. 5. Now my Lord for the Parliaments of the late Queenes time in which there was nothing new neither head money nor sheepe money nor escuage nor any of these kindes of payments was required but onely the ordinary subsedies those as easily graunted as demaunded I shall not neede to trouble your Lordship with any of them neither can I informe your Lordship of all the passages and actes which haue passed for they are not extant nor printed COVNS No it were but time lost to speake of the latter and by those that are alreadie remembred we may iudge of the rest for those of the greatest importance are publique But I pray you deale freely with mee what you thinke would bee done for his Maiestie if hee should call a Parliament at this time or what would bee required at his Maiesties hands IVST The first thing that would be required would be the same that vvas required by the Commons in the thirtenth yeare of H. the 8 to wit that if any man of the commons house should speake more largely then of duety hee ought to doe all such offences to be pardoned and that to be of record COVNS So might euery Companion speake of the King what they list IVST No my Lord the reuerence vvhich a Vassall ovyeth to his Soueraigne is alvvaies intended for euery speech howsoeuer it must import the good of the King and his estate and so long it may bee easily pardoned othervvise not for in Queene Elizabeths time vvho gaue freedome of speech in all Parliaments vvhen Wentworth made those motions that were but supposed dangerous to the Queenes estate he was imprisoned in the Towre notwithstanding the priviledge of the house and there died COVNS What say you to the Scicilian vespers remembred in the last Parliament IVST I say hee repented him heartily that vsed that speech and indeede besides that it was seditious this example held not The French in Scicily vsurped that Kingdome they kept neither law nor faith they tooke away the inheritance of the Inhabitants they tooke from them their wiues and rauished their daughters committing all other insolencies that could bee imagined The Kings Maiesty is the Naturall Lord of England his Vassals of Scotland obey the English Lawes if they breake them they are punished without respect Yea his Maiesty put one of his Barons to a shamefull death for being consenting onely to the death of a Common Fencer And which of these euer did or durst commit any outrage in England but to say the trueth the opinion of packing the last was the cause of the contention and disorder that happened COVNS Why sir doe you not think it best to compound a Parliament of the Kings seruaunts and others that shall in all obey the kings desires IVST Certainely no for it hath neuer succeeded well neither on the kings part nor on the subiects as by the Parliament before-remembred your Lordshippe may gather for from such a composition doe 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 vsed by King Henry the eight but euery way to his disadvantage When the King leaues himselfe to his people they assure themselues that they are trusted and beloued of their king and there was neuer any assembly so barbarous as not to aunswere the loue and trust of their King Henry the sixt when his estate was in effect vtterly ouerthrowne vtterly impouerished at the humble request of his Treasurer made the same knowne to the House or otherwise vsing the Treasurers owne words Hee humbly desired the King to take his staffe that hee might saue his wardship COVNS But you know they will presently bee in hand with those impositions which the King hath laid by his owne royall prerogatiue IVST Perchance not my Lord but rather with those impositions that haue beene by some of your Lordships laide vpon the King which did not some of your Lordships feare more than you doe the impositions laid vpon the Subjects you would neuer disswade his Majestie from a Parliament For no man doubted but that his Majestie was advised to lay those impositions by his Councell and for particular things on which they were laid the aduice came from petty fellowes though now great ones belonging to the Custome-house Now my Lord what prejudice hath his Majestie his revenue beeing kept vp if the impositions that were laid by the aduice of a few be in Parliament laid by the generall Councell of the kingdome which takes off all grudging and complaint COVNS Yea Sir but that which is done by the King with the aduice of his priuate or priuy Councell is done by the Kings absolute power IVS. And by whose power is it done in Parliament but by the Kinges absolute power mistake it not my Lord The 3 estates doe but advise as the priuy Councel doth which advice if the king embrace it becomes the kings own acte in the one the kings law in the other for without the kings acceptation both the publicke priuate aduices bee but as empty egge-shels and what doth his Majestie loose if some of those things which concerns the poorer sort be made free
good Lord that a subsidy was then denied the reasons are delivered in Enlish histories indeed the King not long before had spent much treasure in ayding the Duke of Britaine to no purpose for hee drew ouer the King but to drawe on good conditions for himselfe 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 yeares the Leaguers of France entertayned the Spaniards and the French Protestants and Netherlands Queene Elizabeth not with any purpose to greaten those that ayde them but to purchase to themselues an advantageous peace But what say the histories to this deniall they say with a world of payments there mentioned that the King had drawne the Nobility drie And besides that whereas not long before great summes of mony were giuen and the same appointed to be kept in foure castles and not to be expended but by the aduice of the Peeres it was beleeved that the same treasure was yet vnspent COVNS Good Sir you haue 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 aduice as it were by their licence IVST Surely my Lord the King was well aduised to take the mony vpon any condition they were fooles that propounded the restraint for it doth not appeare that the King tooke any great heed to those ouerseers Kings are bound by their piety and by no other obligation In Queene Maries time when it was thought that shee was with child it was propounded in Parliament that the rule of the Realme should bee giuen to king Philip during the minority 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 bee of age At which motion when all else were silent in the house Lord Dueres who was none of the wisest asked who shall sue the kinges bondes which ended the dispute for what bonde is betweene a king and his vassals then the bond of the kinges faith But my good Lord the king notwithstanding the deniall at that time was with gifts from perticular parsons otherwise supplyed for proceeding of his iourney for that time into France he tooke 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 hee had Escuage graunted him to wit 20 s of euery Knights Fee COVNS What say you then to the 28◠yeare of that King in which when the King demaunded reliefe the states would not consent except the same former order had bin taken for the appointing of 4 overseers for the treasure As also that the Lord chief Iustice the Lord Chancellor should be chosē by the states with some Barōs of the exchequor other officers IVS My good Lord admit the King had yeelded their demaunds then whatsoever had beene ordained by those magistrates to the dislike of the Common wealth the people had beene without remedie whereas while the King made them they had their appeale and other remedies But those demaunds vanished and in the end the King had escuage giuen him without any of their conditions It is an excellent vertue in a King to haue patience and to giue way to the fury of mens passions The whale when he is stroken by the fisherman growes into that fury that he cannot be resisted but will overthrowe all the ships and barkes that come in to his way but when he hath tumbled a while hee is drawne to the shore with a twind thred COVNS What say you then to the Parliament in the 29 th of that King IVST I say that the commons being vnable to pay the king relieues himselfe vpon the richer sort and soe it likewise happened in the 33 of that king in which hee was relieued chiefely by the Citty of London But my good Lord in the Parliament in London in the 38 yeare he had giuen him the tenth of all the revenues of the Church for three yeares and 3 markes of every knights Fee throughout the kingdome vpō his promise oath vpon the obscruing of magna Charta but in the end of the same yeare the king being thē in France he was denyed the aydes which he required What is this to the danger of a Parliament especially at this time they had reason to refuse they had giuen so great a some in the beginning of the same yeare And again because it was known that the King had but pretended warre with the king of Castile with whome he had secretly contracted an alliance and concluded a marriage betwixt his sonne Edward and the Lady Elenor. These false fires doe but freight Children and it commonly falles out that when the cause giuen is knowne to be false the necessity pretended is thought to be fained Royall dealing hath euermore Royall successe and as the King was denied in the eight thirtyeth yeare so was he denyed in the nine thirtieth yeare because the Nobility and the people saw that the King was abused by the Pope it plainly who aswell in despite to Manfred bastard son to the Emperour Fredericke the second as to cozen the King and to wast him would needes bestowe on the King the kingdome of Sicilie to recouer which the King sent all the treasure he could borrow or scrape to the Pope and withall gaue him letters of credence for to take vp what he could in Italy the King binding himselfe for the payment Now my good Lord the wisdome of Princes is seen in nothing more then in their enterprises So how vnpleasing it was to the State of England to consume the treasure of the land in the conquest of Sicily so farre of and otherwise for that the English had lost Normandy vnder their noses and so many goodly parts of France of their owne proper inheritances the reason of the deniall is as well to be considered as the denyall CONS Was not the King also denyed a subsidie in the fourty first of his raigne IVST No my Lord for although the King required mony as before for the impossible conquest of Sicily yet the house offered to giue 52000 markes which whether hee refused or accepted is vncertaine whilst the King dreamed of Sicily the Welsh inuaded spoyled the borders of England for in the Parliament of London when the King vrged the house for the prosecuting the cōquest of Sicily the Lords vtterly disliking the attempt vrged the prosecuting of the Welshmen which Parlament being proroged did again assemble at Oxford was called the madde Parlamēt which was no other thē an assembly of rebels for the Royall assent of the K. which giues life to all lawes form'd by the three estates was not a Royal assent when both