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
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
the North the fift penny In the two and thirtyeth year he had a subsedy freely granted In the three and thirtyeth year he confirmed the great Charter of his own Royall disposition and the states to shew their thankfulnesse gave the King for one year the fift part of all the revenues of the land and of the Citizens the sixt part of their goods And in the same year the King used the inquisition called Trai le Baston By which all Justices and other Magistrates were grievously fined that had used extortion or bribery or had otherwise misdemeaned themselves to the great contentation of the people This Commission likewise did enquire of entruders barators and all other the like vermine whereby the King gathered a great masse of treasure with a great deal of love Now for the whole raigne of this King who governed England 35 years there was not any Parliament to his prejudice COUNS. But there was taking of armes by Marshall and Hereford JUST That 's true but why was that because the King notwithstanding all that was given him by Parliament did lay the greatest taxes that ever King did without their consent But what lost the King by those Lords one of them gave the King all his lands the other dyed in disgrace COUNS. But what say you to the Parliament in Edward the Seconds time his successor did not the house of Parliament banish Peirce Gaveston whom the King favoured JUST But what was this Gaveston but an Esquier of Gascoine formerly banisht the Realme by King Edward the first for corrupting the Prince Edward now raigning And the whole Kingdome fearing and detesting his venemous disposition they besought his Majestie to cast him off which the King performed by an act of his own and not by act of Parliament yea Gavestones own father in Law the Earle of Glocester was one of the chiefest of the Lords that procured it And yet finding the Kings affection to folow him so strongly they all consented to have him recalled After which when his credit so encreased that he dispised and set at naught all the ancient Nobility and not onely perswaded the King to all manner of outrages and riots but withall transported what he lifted of the Kings Treasure and Iewels the Lords urged his banishment the second time but neither was the first nor second banishment forced by Act of Parliament but by the forceable Lords his Enemies Lastly he being recalled by the King the Earle of Lancaster caused his head to be stricken off when those of his party had taken him prisoner By which presumptuous Act the Earle and the rest of his company committed Treason and murder Treason by raising an Army without warrant murder by taking away the life of the Kings Subject After which Gaveston being dead the Spencers got possession of the Kings favour though the younger of them was placed about the King by the Lords themselves COUNS. What say you then to the Parliament held at London about the sixt year of that King JUST I say that King was not bound to performe the acts of this Parliament because the Lords being too strong for the King inforced his consent for these be the words of our own History They wrested to much beyond the bounds of reason COUNS. What say you to the Parliaments of the White wands in the 13th of the King JUST I say the Lords that were so moved came with an Army and by strong hand surprized the King they constrained saith the story the rest of the Lords and compelled many of the Bishops to consent unto them yea it saith further that the King durst not but grant to all that they required to wit for the banishment of the Spencers Yea they were so insolent that they refused to lodge the Queen comming through Kent in the Castle of Leedes and sent her to provide her lodging where she could get it so late in the night for which notwithstanding some that kept her out were soon after taken and hang'd and therefore your Lordship cannot call this a Parliament for the reasons before alleadged But my Lord what became of these Lawgivers to the King even when they were greatest a Knight of the North called Andrew Herkeley assembled the Forces of the Countrey overthrew them and their Army slew the Earle of Hereford and other Barons took their generall Thomas Earle of Lancaster the Kings cozen germane at that time possessed of five Earledomes the Lords Clifford Talbort Moubray Maudiut Willington Warren Lord Darcy Withers Knevill Leybourne Bekes Lovell Fitz williams Watervild and divers other Barons Knights and Esquiers and soon after the Lord Percy and the Lord Warren took the Lords Baldsemere and the Lord Audley the Lord Teis Gifford Tucoet and many others that fled from the battaile the most of which past under the hands of the hangman for constraining the King under colour and name of a Parliament But this your good Lordship may judge to whom those tumultuous assemblies which our Histories falsely call Parliaments have been dangerous the King in the end ever prevailed and the Lords lost their lives and estates After which the Spencers in their banishment at York in the 15th of the King were restored to the honors and estates and therein the King had a subsedy given him the sixt penny of goods throughout England Ireland and Wales COUNS. Yet you see the Spencers were soon after dissolved IUST It is true my Lord but that is nothing to our subject of Parliament they may thank their own insolencie for they branded and dispised the Queen whom they ought to have honored as the Kings wife they were also exceeding greedy and built themselves upon other mens ruines they were ambitious and exceeding malicious whereupon that came that when Chamberlain Spencer was hang'd in Hereford a part of the 24th Psalm was written over his head Quid gloriaris in malitia potens COUNS. Well Sir you have all this while excused your self upon the strength and rebellions of the Lords but what say you now to King Edward the third in whose time and during the time of this victorious King no man durst take Armes or rebell the three estates did him the greatest affront that ever King received or endured therefore I conclude where I began that these Parliaments are dangerous for a King JUST To answer your Lordship in order may it please you first to call to mind what was given this great King by his subjects before the dispute betwixt him and the house happened which was in his latter dayes from his first year to his fift year there was nothing given the king by his Subjects in his eight year at the Parliament at London a tenth and a fifteenth was granted in his tenth year he ceased upon the Italians goods here in England to his own use with all the goods of the Monkes Cluniackes and others of the order of the Cistertians In the eleaventh year he had given him by Parliament a notable
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
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
inhabitants that assisted the Lords in his Minority of the 17. shires which offence he had long before pardoned his blank Charters and letting the Realme to farme to meon persons by whom he was wholly advised increased the peoples hatred towards the present government IUST You say well my L. Princes of an ill destiny do alwayes follow the worst counsell or at least imbrace the best after opportunity is lost Qui consilia non ex suo corde sed alienis viribus colligunt non animo sed auribus cogillant And this was not the least grief of the subject in generall that those men had the greatest part of the spoil of the commonwealth which neither by virtue valour or counsell could adde any thing unto it Nihil est sordidius nihil crudelius saith Anto Pius quamsi Remp. iâ— arrode qui nihil in eam suo labore conferent COUNS. Indeed the letting to farm the Realm was very grievous to the subject IUST Will your Lordship pardon me if I tell you that the letting to farm of his Majesties Customes the greatest revenue of the Realm is not very pleasing COUNS. And why I pray you doth not the King thereby raise his profits every third yeare one farmer outbids another to the Kings advantage IUST It is true my Lord but it grieves the subject to pay custome to the subject for what mighty men are those Farmers become and if those Farmers get many thousands every yeare as the world knows they do why should they not now being men of infinite wealth declare unto the King upon oath what they have gained and henceforth become the Kings collectours of his Custome did not Queen Elizabeth who was reputed both a wise and juft Princesse after she had brought Customer Smith from 14000l a yeare to 42000l a yeare made him lay down a recompence for that which he had gotten and if these Farmers do give no recompence let them yet present the King with the truth of their receivings and profits But my Lord for conclusion after Bullingbrook arriving in England with a small troop Notwithstanding the King at his Landing out of Ireland had a sufficient and willing army yet he wanting courage to defend his right gave leave to all his Souldiers to depart and put himself into his hands that cast him into his grave COUNS. Yet you see he was depos'd by Parliament IUST Aswell may your Lordship say he was knock't in the head by Parliament for your Lordship knows that if King Richard had ever escaped out of their fingers that deposed him the next Parliament would have made all the deposers traitours and Rebels and that justly In which Parliament or rather unlawfull assembly there appeared but one honest man to wit the B. of Carlile who scorned his life and estate in respect of right and his allegiance and defended the right of his Soveraigne Lord against the Kings elect and his partakers COUNS. Well I pray goe on with the Parliaments held in the time of his successor Henry the fourth IUST This King had in his third year a subsedv and in his fift a tenth of the Clergy without a Parllament In his sixt year he had so great a subsedie as the House required there might be no record thereof left to posterity for the House gave him 20s of every Knights Fee and of every 20l. land 20d and 12d the pouud of goods COUNS. Yea in the end of this year the Parliament prest the King to annex unto the Crown all temporall possessions belonging to Church-men within the land which at that time was the third foot of all England But the Bishops made friends and in the end saved their estates IUST By this you see my Lord that Cromwell was not the first that thought on such a business And if King Henry the 8. had reserved the Abbeyes and other Church lands which he had given at the time the revenue of the Crown of England had exceeded the revenue of the Crown of Spaine with both the Indies whereas used as it was a little enriched the Crown served but to make a number of pettifoggers and other gentlemen COUNS. But what had the King in steed of this great revenue IUST He had a 15th of the Commons and tenth and a half of the Clergy and withall all pensions graunted by King Edward and King Richard were made void It was also moved that all Crown lands formerly given at least given by King Edw and King Richard should be taken back COUNS. What think you of that Sir would it not have been a dishonour to the King and would not his Successors have done the like to those that the King had advanced IUST I cannot answer your Lordship but by distinguishing for where the Kings had given land for services and had not been over reached in his gifts there it had been a dishonour to the King to have made void the graunts of his predecessors or his graunts but all those graunts of the Kings wherein they were deceived the very custome and policy of England makes them voyd at this day COUNS. How mean you that for his Majestie hath given a great deal of Land among us since he came into England and would it stand with the K. honour to take it from us again IUST Yea my Lord very well with the Kings honour if your Lordship or any Lord else have under the name of 100l land a year gotten 500l land and so after that rate COUNS. I will never believe that his Majesty will ever doe any such thing IUST And I believe as your Lordship doth but we spake e're while of those that disswaded the King from calling it a Parliament And your Lordship asked me the reason why any man should disswade it or fear it to which this place gives me an opportunity to make your Lordship answer for though his Majesty will of himself never question those grants yet when the Commons shall make humble petition to the King in Parliament that it will please his Majesty to assist them in his relief with that which ought to be his own which if it will please his Majesty to yeild unto the house will most willingly furnish supply the rest with what grace can his Majesty deny that honest suit of theirs the like having been done in many Kings times before This proceeding may good Lord my perchance prove all your phrases of the Kings honour false English COUNS. But this cannot concern many and for my self I am sure it concerns me little IUST It is true my Lord there are not many that disswade his Majestie from a Parliament CO. But they are great ones a few of which will serve the turn wel enough IUST But my Lord be they never so great as great as Gyants yet if they disswade the King from his ready and assured way of his subsistence they must devise how the K. may be elsewhere supplied for they otherwise â—â—nne into a dangerous fortune COUNS.
still called Impost because it was imposed after the ordinary rate of payement had lasted many years But we do now a dayes understand those things to be impositions which are raised by the command of Princes without the advice of the Common-wealth though as I take it much of that which is now called custome was at the first imposed by Prerogative 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 unjust because they want a generall consent yet is this rule of Aristotle verified in respect of his Majestie Minus timent homines in justum pati à principe quem cultorem Dei putant Yea my Lord they are also the more willingly borne because all the world knows they are no new Invention of the Kings And if those that advised his Majestie to impose them had raised his lands as it was offered them to 20000l more then it was and his wards to asmuch as aforesaid they had done him farre more acceptable service But they had their own ends in refusing the one and accepting the other If the land had been raised they could not have selected the best of it for themselves If the impositions had not been laid some of them could not have their silks other pieces in farme which indeed grieved the subject ten times more then that which his Majestie enjoyeth But certainly they made a great advantage that were the advisers for if any tumult had followed his Majesty ready way had been to have delivered them over to the people COUNS. But think you that the King would have delivered them if any troubles had followed IUST I know not my Lord it was Machiavels counsell to Caesar Borgia to doe it and King H the 8. delivered up Empson and Dudley yea the same King when the great Cardinall Woolsey who governed the King and all his estate had by requiring the sixt part of every mans goods for the King raised a rebellion the King I say disavowed him absolutely that had not the Dukes of Norfolk and Suffolk 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 mind was never to aske any thing of his commons which might sound to the breach of his Laws Wherefore he then willed them to know by whose means they were so strictly given forth Now my Lord how the Cardinall would have shifted himself by saying I had the opinion of the Iudges had not the rebellion been appeased I greatly doubt COUNS. But good Sir you blanch my question and answer me 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 deliver them or defend them IUST My good Lord the people have not stayed for the Kings delivery neither in England nor in France Your Lordship knows how the Chancellour Treasurer and Chief Iustice with many others at severall times have been used by the Rebels And the Marshals Constables and Treasurers in France have been cut in pieces in Charles the sixt his time Now to your Lordships question I say that where any man shall give a King perilous advice as may either cause a Rebellion or draw the peoples love from the King I say that a King shall be advised to banish him But if the King do absolutely command his servant to do any thing displeasing to the Common-wealth and to his own perill there is the King bond in honour to defend him But my good Lord for conclusion there is no man in England that will lay any invention ether grievous or against law upon the Kings Majesty and therefore your Lordships must share it amongst you COUNS. For my part I had no hand in it I think Ingram was be that propounded it to the Treasurer IUST Alas my good Lord every poor waiter in the Custome-house or every promooter might have done it there is no invention in these things To lay impositions and sell the Kings lands are poor and common devices It is true that Ingram and his fellows are odious men and therefore his Majesty pleas'd the people greatly to put him from the Coffership It is better for a Prince to use such a kind of men then to countenance them hangmen are necessary in a common wealth yet in the Netherlands none but a hangmans sonne will marry a hangmans daughter Now my Lord the last gathering which Henry the seventh made was in his twentieth year wherein he had another benevolence both of the Clergy and Laity a part of which taken of the poorer sort he ordained by his testament that it should be restored And for King Henry the eight although he 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 he spent in Masking and Tilting Banquetting and other vanities before he was entred into the most consuming expence of the most fond and fruitlesse warre that ever King undertook In his fourth yeare he had one of the greatest subsedies that ever was granted for besides two fifteens and two dismes he used Davids Law of Capitation or head money and had of every Duke ten marks of every Earl five pounds of every Lord four pounds of every Knight four marks and every man rated at 8l in goods 4. marks and so after the rate yea every man that was valued but at 401 paid 12d and every man and woman above 15. yeares 4d He had also in his sixt yeare divers subsedies granted him In his fourteenth their was a tenth demanded of every mans goods but it was moderated In the Parliament following the Clergie gave the King the half of their spirituall livings for one yeare and of the Laity there was demanded 800000l which could not be leavied in England but it was a marvellous great gift that the king had given him at that time In the Kings seventeenth yeare was the Rebellion before spoken of wherein the King disavowed the Cardinall In his seventeenth yeare he had the tenth and fifteenth given by Parliament which were before that time paid to the Pope And before that also the moneys that the King borrowed in his fifteenth yeare were forgiven him by Parliament in his seventeenth yeare In his 35. yeare a subsedy was granted of 4d the pound of every man worth in goods from 20s to 5l from 5l to 10l and upwards of every pound 2s And all strangers denisens and others doubled this summe strangers not being inhabitants above 16. yeares 4d a head All that had Lands Fees and Annuities from 20. to 5. and so double as they did for goods And the Clergy gave 6d the pound In the thirty seventh 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 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
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
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
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
their sides had the Armado arrived but belike they staid for us at Maâ—gâ—â—t by which they knew we must passe towards the Indies for it pleased his Majestie to value us at so little as to command me upon my Alleageance to set down under my hand the Countrey and the River by which I was to enter it to set down the number of my men and burthen of my Ships and what Ordinance every Ship carried which being known to the Spanish Ambassadour and by him to the King of Spain a dispatch was made and letters sent from Madrid before my departure out of the Thames for his first letter sent by a Barque of Advise was dated the 19 of March 1617. at Madrid which letter I have here inclosed sent to your Honour the rest I reserve not knowing whether they may be intercepted or not The second by the King dated the second of May sent also by a Coronel of Diego de Poloâ—eque Governour of Guiana Elderedo and Trinidado The third by the Bishop of Portricho and delivered to Poâ—oniâ—que the 15 of July at Trinidado And the fourth was sent from the Farmer and Secretary of his Customs in the Indies At the same time by that of the Kings hand sent by the Bishop there was also a Commission for the speedie levying of three hundred souldiers and ten pieces of Ordinance to be sent froÌ„ Portricho for the defence of Guiana an hundred fiftie from Nuevo Rémo de Grando under the command of Captain Anthony Musica and the other hundred and fiftie from Portricho to be conducted by C. Franc. Laudio Now Sir if all that have traded to the Indies since his Majesties time knew that the Spaniards have flayed alive all the poor men which they have taken being but Merchant men what death and cruel torment shall we expect if they conquer us certainly they have hitherto failed grosly being set out thence as we were both for number time and place Lastly to make an Apologie for not working the Myne although I know his Majestie expects whom I am to satisfie so much as my self having lost my son and my estate in the Enterprise yet it is true that the Spaniards took more care to defend the passage leading unto it than they did the Town which by the Kings instructioÌ„s they might easily do the Countreys being Aspera Nemosa But it is true that when Capt. Kemish found the River low and that he could not approach the Banks in most places near the Myne by a Mile and where he found a discent a volley of Muskets come from the woods upon the Boat and slew two Rowers and hurt fix others and shot a valiant Gentleman of Captain Thornix of which wound he languisheth to this day He to wit Kemish following his own advice thought that it was in vain to discover the Myne for he gave me this for an excuse at his return that the Companies of English in the Town of S. Thome were not able to defend it against the daily and nightly assaults of the Spaniards that the passages to the Mynes were thick and unpassable woods and that the Myne being discovered they had no men to work it did not discover it at all for it is true the Spaniards having two gold Mynes near the Town the one possessed by Pedro Rodrigo de Paran the second by Harmian Frotinio the third of silver by Captain Francisco for the want of Negroes to work them for as the Indians cannot be constrained by a Law of Charls the Fifth so the Spaniards will not nor can endure the labour of those Mynes whatsoever the Bragadochio the Spanish Ambassador saith I shall prove under the Proprietors hand by the Custom-Book and the Kings Quinto of which I recovered an Ingot or two I shall also make it appear to any Prince or State that will undertake it how easily those Mynes and five or six more of them may be possessed and the most of them in those parts which never have as yet been attempted by any nor by any passage to them nor ever discovered by the English French or Dutch But at Kemish his return from Orinoque when I rejected his counsel and his course and told him that he had undone me and wounded my credit with the King past recovery he slew himself for I told him that seeing my son was slain I cared not if I had lost an hundred more in opening of the Myne so my credit had been saved for I protest before God had not Capt. Whitney to whom I gave more countenance than to all the Captains of my Fleet run from me at the Granadoes and carried another ship with him of Captain Woldestons I would have left my body at S. Thomes by my sons or have brought with me out of that or other Mynes so much Gold oar as should have satisfied the King I propounded no vain thing what shall become of me I know not I am unpardoned in England and my poor estate consumed and whether any Prince will give me bread or no I know not I desire your Honour to hold me in your good opinino to remember my service to my Lord of Arâ—undel and Pembrook to take some pity on my poor Wife to whom I dare not write for renewing her sorrow for her son and beseech you to give a copie of this to my Lord 〈◊〉 for to a broken mind a sick bodie and weak eyes it is a torment to write many Letters I have found many things of importance for discovering the state and weaknesse of the Indies which if I live I shall here after impart unto your Honour to whom I shall remain a faithfull servant Walter Raleigh Sir Raleigh's Letter sent to his Wife Copied out of his own hand writing I Was loath to write because I know not how to comfort you and God knows I never knew what sorrow meant till now All that I can say to you is that you must obey the will and providence of God and remember that the Queens Majestie bare the losse of Prince Henry with a magnanimous heart and the Ladie Harrington of her son Comfort your heart dearest Bess I shall sorrow for us both I shall for now the lesse because I have not long to sorrow because not long to live I refer you to Mr. Secretarie Winwoods Letter who will give you a copie of it if you send for it therein you shall know what hath passed I have written that Letter for my brains are broken and it is a torment for me to write and especially of misery I have desired Mr. Secretarie to give my Lord Carew a copie of his Letter I have clensed my ship of sick men and sent them home I hope God will send us somewhat before we return You shall hear from me if I live from the New found land where I mean to make clean my ships and revictual for I have Tobacco enough to pay for it The Lord blesse and comfort you that
gathering of money from the subject under title of a free gift whereas a fift a sixt a tenth c. was set down and required But my good Lord though divers Shires have given to his Majestie some more some lesse what is this to the Kings debt COUNS. Wee know it well enough but we have many other projects IUST It is true my good Lord but your Lordship will find that when by these you have drawn many petty summes from the subjects and those sometimes spent as fast as they are gathered his Majesty being nothing enabled thereby when you shall be forced to demand your great aide the the Countrey will excuse it self in regard of their former payments COUNS. What mean you by the great aide JUST I mean the aide of Parliament COUNS. By Parliament I would fain know the man that durst perswade the King unto it for if it should succeed ill in what case were he JUST You say well for your self my Lord and perchance you that are lovers of your selves under pardon do follow the advice of the late Duke of Alva who was ever opposite to all resolutions in businesse of importance for if the things enterprised succeeded well the advice never came in question if ill whereto great undertakings are commonly subject he then made his advantage by remembring his Countrey Councell But my good Lord these reserved Polititians are not the best servants for he that is bound to adventure his life for his Master is also bound to adventure his advice Keep not back Councell saith Ecclesiasticus When it may do good COUNS. But Sir I speak it not in other respect then I think it dangerous for the King to assemble the three estates for thereby have our former Kings alwayes lost somewhat of their prerogatives And because that you shall not think that I speak it at randome I will begin with elder times wherein the first contention began betwixt the Kings of this land and their subjects in Parliament IUST Your Lordship shall do me a singular favour COUNS. You know that the Kings of England had no formal Parliament till about the 18. year of Hen. the first for in his 17 year for the marriage of his Daughter the King raised a tax upon every hide of land by the advice of his privy Councell alone But you may remember how the subjects soon after the establishment of this Parliament began to stand upon termes with the King and drew from him by strong hand and the sword the great Charter JUST Your Lordship sayes well they drew from the King the great Charter by the sword and hereof the Parliament cannot be accused but the Lords COUNS. You say well but it was after the establishment of the Parliament and by colour of it that they had so great daring for before that time they could not endure to hear of Sr. Edwards lawes but resisted the confirmation in all they could although by those lawes the Subjects of this Iland were no lesse free than any of all Europe JUST My good Lord the reason is manifest for while the Normans and other of the French that followed Conquerour made spoyle of the English they would not endure that any thing but the will of the Conquerour should stand for Law but after a difcent or two when themselves were become English and found themselves beaten with their own rods they then began to favour the difference between subjection and slavery and insist upon the Law Meum tuum and to be able to say unto themselves hoc sac vives yea that the conquering English in Ireland did the like your Lordship knowes it better than I. COUNS. I think you guesse aright And to the end the subject may know that being a faithfull servant to his Prince he might enjoy his own life and paying to his Prince what belongs to a Soveraigne the remainder was his own to dispose Henry the first to content his Vassals gave them the great Charter and the Charter of Forrests JUST What reason then had K. Iohn to deny the confirmation COUNS. He did not but he on the contrary confirmed both the Charters with additions required the Pope whom he had them made his superior to strengthen him with a golden Bul. JUST But your honour knowes that it was not long after that he repented himself COUNS. It is rrue and he had reason so to do for the Barons refused to follow him into France as they ought to have done and to say true this great Charter upon which you insist so much was not originally granted Regally aud freely for Henry the first did usurpe the Kingdome and therefore the better to assure himself against Robert his eldest Brother hee flattered the Nobility and people with those Charters Yea King Iohn that confirmed them had the like respect for Arthur Duke of Britain was the undoubted heir of the Crown upon whom Iohn usurped And so to conclude these Charters had their originall from Kings de facto but not de jure JUST But King Iohn confirmed the Charter after the death of his Nephew Arthur when he was then Rex de jure also COUNS. It is true for he durst do no other standing accursed whereby few or none obeyed him for his Nobility refused to follow him into Scotland and he had so grieved the people by pulling down all the Parke pales before harvest to the end his Deere might spoil the corn And by seizing the temporalities of so many Bishopricks into his hands and chiefly for practising the death of the Duke of Britain his Nephew as also having lost Normandy to the French so as the hearts of all men were turned from him IUST Nay by your favour my Lord King Iohn restored K. Edwards Laws after his absolution and wrote his letters in the 15. of his reigne to all Sheriffes countermanding all former oppressions yea this he did notwithstanding the Lords refused to follow him into France COUNS. Pardon me he did not restore King Edwards Lawes then nor yet confirmed the Charters but he promised upon his absolution to doe both but after his return out of France in his 16. year he denyed it because without such a promise he had not obtained restitution his promise being constrained and not voluntary IUST But what think you was hee not bound in honour to performe it COUNS. Certainly no for it was determined the case of King Francis the first of France that all promises by him made whilest he was in the hands of Charles the fift his enemy were void by reason the Judge of honour which tells us he durst doe no other JUST But King Iohn was not in prison COUNS. Yet for all that restraint is imprisonment yea fear it self is imprisonment and the King was subject to both I know there is nothing more Kingly in a King than the performance of his word but yet of a word freely and voluntarily given Neither was the Charter of Henry the first so
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
Lords A contrained consent is the consent of a Captive and not of a King and therefore there was nothing done their either legally or royally For if it be not properly a Parliament where the subject is not free certainely it can be none where the King is bound for all Kingly rule was taken from the King and twelve Peeres appointed and as some Writers have it 24. Peeres to governe the Realme and therefore the assembly made by Iack Straw and other rebels may aswell be called a Parliament as that of Oxford Principis nomen habere non est esse princeps for thereby was the K. driven not only to compound all quarrels with the French but to have meanes to be revenged on the rebell Lords but he quitted his right to Normandy Anjou and Mayne COUNS. But Sir what needed this extremity seeing the Lords required but the confirmation of the former Charter which was not prejudiciall to the King to grant JUST Yes my good Lord but they insulted upon the King and would not suffer him to enter into his own Castles they put down the Purveyor of the meat for the maintenance of his house as if the King had been a bankrupt and gave order that without ready money he should not take up a Chicken And though there is nothing against the royalty of a King in these Charters the Kings of England being Kings of freemen and not of slaves yet it is so contrary to the nature of a King to be forced even to those things which may be to his advantage as the King had some reason to seek the dispensation of his oath from the Pope and to draw in strangers for his own defence yea jure salvo coronae nostrae is intended inclusively in all oathes and promises exacted from a Soveraigne COUNS. But you cannot be ignorant how dangerous a thing it is to call in other Nations both for the spoil they make as also because they have often held the possession of the best places with which they have been trusted JUST It is true my good Lord that there is nothing so dangerous 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 lives And for calling in of strangers was not King Edward the sixth driven to call in strangers against the Rebels in Norfolke Cornwall Oxfordshire and elsewhere Have not the Kings of Scotland been oftentimes constrained to entertain strangers against the Kings of England And the King of England at this time had he not bin diverse times assisted by the Kings of Scotland had bin endangered to have been expelled for ever COUNS. But yet you know those Kings were deposed by Parliament JUST 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 Proverbe that Might overcomes Right a weak title that weares a strong sword commonly prevailes against a strong title that weares but a weak one otherwise Philip the second had never been Duke of Portugal nor Duke of Millayne nor King of Naples Sicily But good Lord Errores non sunt trahendi in exemplum I speak of regall peaceable and lawfull Parliaments The King at this time was but a King is name for Glocester Leicester and Chichester made choise of other Nine to whom the rule of the Realme was committed and the Prince was forced to purchase his liberty from the Earle of Leicester by giving for his ransome the Countey Pallatine of Chester But my Lord let us judge of those occasions by their events what became of this proud Earle was he not soon after slain in Evesham was he not left naked in the field and left a shamfull spectacle his head being cut off from his shoulders his privie parts from his body and 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 disinheried And when that fool Glocester after the death of Leycester whom he had formerly forsaken made himself the head of a second Rebellion and called in strangers for which not long before he had cried out against the King was not he in the end after that he had seen the slaughter of so many of the Barons the spoil of their Castles and Lordships constrained to submit himself as all the survivers did of which they that sped best payed their fines and ransomes the King reserving his younger Son the Earledomes of Leycester and Derby COUNS. Well Sir we have disputed this King to the grave though it be true that he out-lived all his enemies and 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 War IUST They did so but after the death of Hereford the Earle Marshall repented himself and to gain the Kings favour he made him heir of all his Lands But what is this to the Parliament for there was never King of this land had more given him for the time of his raign then Edward the Son of Henry the third had COUNS. How doth that appear JUST In this sort my good Lord in this Kings third year he had given him the fifteenth part of all goods In his sixt year a twentyeth In his twelfth year a twentyeth in his fourteenth year he had escuage to wit forty shillings of every Knights Fee in this eighteenth year he had the eleventh part of all moveable goods within the Kingdome in his nineteenth year the tenth part of all Church livings in England Scotland and Ireland for six years by agreement from the Pope in his three and twentieth year he raised a taxe upon Wool and fels and on a day caused all the religious houses to be searched and all the treasure in them to be seized and brought to his coffers excusing himself by laying the fault upon his Treasurer he had also in the end of the same year of all goods of all Burgesses and of the Commons the 10th part in the 25th year of the Parliament of St. Edmundsbury he had an 18th part of the goods of the Burgesses and of the people in generall the tenth part He had also the same year by putting the Clergie out of his protection a fifth part of their goods and in the same year he set a great taxe upon Woolls to wit from half a marke to 40s upon every sack whereupon the Earle Marshall and the Earle of Hereford refusing to attend the King into Flanders pretended the greevances of the people Put in the end the King having pardoned them and confirmed the great Charter he had the ninth penny of all goods from the Lords and Commons of the Clergie in the South he had the tenth penny and in
rather devour themselves then destroy enemies Such an army vvhereof the fourth part vvould have conquered all Ireland vvas in respect of Ireland such an army as Xerxes led into Greece in this tvventieth yeare vvherein he had a tenth of the Clergy vvas the great conspiracy of the Kings unkle the Duke of Glocester and of Moubrey Arundell Nottingham and Warvvick the Archbishop of Canterbury and the Abbbot of Westminster and others vvho in the one and tvventieth yeare of the King vvere all redeemed by Parliament and vvhat thinks your Lordship vvas not this assemble of the 3. states for the kings estate vvherein he so prevailed that he not onely overthrevv those popular Lords but besides the English Chronicle saith the king so vvrought and brought things about that he obtained the power of both houses to be granted to certain persons to 15. Noblemen and Gentlemen or to seven of them COUNS. Sir whether the King wrought well or il I cannot judge but our Chronicles say that many things were done in this Parliament to the displeasure of no small number of people to wit for that diverse rightfull heires were disinherited of their lands and livings with which wrongfull doings the people were much offended so that the King with those that were about him and chief in Counsell came into great infamy slander IUST My good Lord if your Lordship will pardon mee I am of opinion that those Parliaments wherein the Kings of this land have satisfied the people as they have been ever prosperous so where the King hath restrained the house the contrary hath happened for the Kings atchievments in this Parliament were the ready preparations to his ruine COV You mean by the generall discontentment that followed and because the King did not proceed legally with Glocester and others Why Sir this was not the first time that the Kings of England have done things without the Counsell of the land yea contrary to the law IUST It is true my Lord in some particulars as even at this time the Duke of Glocester was made away at Callâ—ce by strong hand without any lawfull triall for he was a man so beloved of the people and so allied having the Dukes of Lancaster and York his brethren the Duke of Aumarle and the Duke of Hereford his Nephewes the great Earles of Arundell and Warwicke with diverse other of his part in the conspiracy as the King durst not trie him according to the law for at the triall of Arundell and Warwicke the King was forced to entertaine a petty army about him And though the Duke was greatly lamented yet it cannot be denyed but that he was then a traytor to the King And was it not so my Lord with the Duke of Guise your Lordship doth remember the spur-gald proverb that necessitie hath no law and my good Lord it is the practice of doing wrong and of generall wrongs done that brings danger and not where Kings are prest in this or that particular for there is great difference between naturall cruelty and accidentall And therefore it was Machiavels advice that all that a King did in that kind he shall do at once and by his mercies afterwards make the world know that his cruelty was not affected And my Lord take this for a generall rule that the immortall policy of a state cannot admit any law or priviledge whatsoever but in some particular or other the same is necessarily broken yea in an Aristocratia or popular estate which vaunts so much of equality and common right more outrage hath been committed then in any Christian Monarchy COUNS. But whence came this hatred between the Duke and the King his Nephew IUST My Lord the Dukes constraining the King when he was young stuck in the Kings heart and now the Dukes proud speech to the King when he had rendred Brest formerly engaged to the Duke Brittain kindled again these coales that were not altogether extinguished for he used these words Your grace ought to put your body in great pain to winne a strong hold or town by feats of armes ere you take upon you to sell or deliver any town gotten by the manhood and strong hand and policy of your noble progenitors Whereat saith the story the King changed his countenance c. and to say truth it was a proud and maisterly speech of the Duke besides that inclusively he taxed him of sloath and cowardise as if he had never put himself to the adventure of winning such a place undutifull words of a subject do often take deeper root then the memory of ill deeds do The Duke of Biron found it when the King had him at advantage Yea the late Earle of Essex told Queen Elizabeth that her conditions was as crooked as her carkasse but it cost him his head which his insurrection had not cost him but for that speech who will say unto a King saith Iob thou art wicked Certainly it is the same thing to say unto a Lady thou art crooked and perchance more as to say unto a King that he is wicked and to say that he is a coward or to use any other words of disgrace it is one and the same errour COUNS. But what say you for Arundell a brave and valiant man who had the Kings pardon of his contempt during his minority IUST My good Lord the Parliament which you say disputes the Kings prerogative did quite contrary and destroyed the Kings charter and pardon formerly given to Arundell And my good Lord do you remember that at the Parliament that wrought wonders when these Lords compounded that Parliament as the King did this they were so mercilesse towards all that they thought their enemies as the Earle of Arundell most insolently suffered the Qu to kneel unto him three houres for the saving of one of her servants and that scorne of his manebat alto mente repostum And to say the truth it is more barbarous unpardonable then any act that ever he did to permit the wife of his Soveraign to kneel to him being the Kings vassell For if he had saved the Lords servant freely at her first request as it is like enough that the Qu would also have saved him Miseris succurrens paria obtenibis aliquando For your Lordship sees that the Earle of Warwicke who was as farre in the treason as any of the rest was pardoned It was also at this Parliament that the Duke of Hereford accused Moubray Duke of Norfolke and that the Duke of Hereford Sonne to the Duke of Lancaster was banished to the Kings confusion as your Lordship well knows COUNS. I know it well and God knows that the King had then a silly and weak Councell about him that perswaded him to banish a Prince of the bloud a most valiant man and the best beloved of the people in generall of any man living especially considering that the King gave every day more then other offence to his subjects For besides that he fined 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
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
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