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
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
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
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
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
condition that for one whole year no subsedies should be demanded but this promise was as suddenly forgotten as made for in the end of that year the great subsedy of Poll mony was granted in the Parliament at Northampton COUNS. Yea but there followed the terrible Rebellion of Baker Straw and others Leister Wrais and others IUST That was not the fault of the Parliament my Lord it is manifest that the subsedy given was not the cause for it is plain that the bondmen of England began it because the were girevously prest by their Lords in their tenure of Villenage as also for the hatred they bate to the Lawyers and Atturneyes for the story of those times say that they destroyed the houses and Mannors of men of Law such Lawyers as they caught slew them and beheaded the Lord chief Iustice which commotion being once begun the head mony was by other Rebels pretended A fire is often kindled with a little straw which oftentimes takes hold of greater timber consumes the whole building And that this Rebellion was begun by the discontented slaves whereof there have been many in Elder times the like is manifest by the Charter of Manumission which the King granted in hec verba Rich. Dei gratid c. Sciatis quod de gratiâ nostrâ spirituali manumissimus c. to which seeing the King was constrained by force of armes he revoked the letters Pattents and made them voide the same revocation being strengthened by the Parliament ensuing in which the King had given him a subsedy upon Woolls called a Maletot In the same fourth year was the Lord Treasurer discharged of his Office and Hales Lord of St. Iohns chosen in his place in his fift year was the Treasurer again changed and the Staffe given to Segrave and the Lord Chancellour was also changed and the staffe given to the Lord Scroope Which Lord Scroope was again in the beginning of his sixt year turned off and the King after that he had for a while kept the Seal in his own hand gave it to the Bishop of London from whom it was soon after taken and bestowed on the Earle of Suffolke who they say had abused the King and converted the Kings Treasure to his own use To this the King condiscended and though saith Walsingham he deserved to loose his life and goods yet he had the favour to go at liberty upon good sureties and because the King was but young that the reliefe granted was committed to the trust of the Earle of Arundell for the furnishing of the Kings Navy against the French COUNS. Yet you see it was a dishonour to the King to have his beloved Chancellour removed IUST Truly no for the King had both his fine 1000l lands and asubsedy to boot And though for the present it pleased the King to fancy a man all the world hated the Kings passion overcomming his judgement yet it cannot be call'd a dishonour for the King is to believe the generall counsell of the Kingdome and to preser it before his affection especially when Suffolke was proved to be false even to the King for were it otherwise love and affection might be called a frenzie and a madnesse for it is the nature of humane passions that the love bred by fidelity doth change it self into hatred when the fidelity is first changed into falshood COUNS. But you see there were thirteen Lords chosen in the Parliament to have the oversight of the government under the King IUST No my Lord it was to have the oversight of those Officers which saith the story had imbezeled lewdly wasted and prodigally spent the Kings Treasure for to the Commission to those Lords or to any six of them joyn'd with the Kings Counsell was one of the most royall and most profitable that ever he did if he had bin constant to himself But my good Lord man is the cause of his own misery for I will repeat the substance of the commission granted by the King and confirmed by Parliament which whether it had bin profitable for the King to have prosecured your Lordship may judge The preamble hath these words Whereas our Sovereigne Lord the King perceiveth by the grievous complaints of the Lords and Commons of this Realme that the rents profits and revenues of this Realme by the singular and insufficient Councell and evill government as well of some his late great Officers and others c. are so much withdrawen wasted given granted alienated destroyed and evill dispended that he is so much impoverished and void of treasure and goods and the substance of the Crown so much diminished and destroyed that his estate may not honorably be sustained as appertaineth The King of his free will at the request of the Lords and Commons hath ordained William Archbishop of Canterbury and others with his Chancellour Treasurer keeper of his privy seal to survey and examine as well the estate and governance of his house c. as of all the rents and profits and revenues that to him appertaineth and to be due or ought to appertain and be due c. And all manner of gifts grants alienations and confirmations made by him of lands tenements rents c. bargained and sold to the prejudice of him and his Crown c. And of his jewels goods which were his Grandfathers at the time of his death c. and where they be become This is in effect the substance of the commission which your Lordship may read at large in the book of Statutes this commission being enacted in the tenth year of the Kings reigne Now if such a commission were in these dayes granted to the faithfull men that have no interest in the sales gifts nor purchases nor in the keeping of the jewells at the Queens death nor in the obtaining grants of the Kings best lands I cannot say what may be recovered and justly recovered and what say your Lordship was not this a noble act for the King if it had been followed to effect COUNS. I cannot tell whether it were or no for it gave power to the Commissiouers to examine all the grants IUST Why my Lord doth the King grant any thing that shames at the examination are not the Kings grants on record COUNS. But by your leave it is some dishonour to a King to have his judgement called in question IUST That is true my Lord but in this or whensoever the like shall be granted in the future the Kings judgement is not examined but their knavery that abused the King Nay by your favour the contrary is true that when a King will suffer himself to be eaten up by a company of petty fellows by himself raised therein both the judgement and courage is disputed And if your Lordship will disdain it at your own servants hands much more ought the great heart of a King to disdain it And surely my Lord it is a greater treason though it undercreep the law to tear from the
Crown the ornaments thereof And it is an infalliable maxime that he that loves not his Majesties estate loves not his person COUNS. How came it then that the act was not executed IUST Because these against whom it was granted perswaded the King to the contrary as the Duke of Ireland Suffolk the chief Iustice Tresilian and others yea that which was lawfully done by the King and the great Councell of the kingdome was by the mastery which Ireland Suffolk and Tresilian had over the Kings affections broken and disavowed Those that devised to relieve the King not by any private invention but by generall Councell were by a private and partiall assembly adjudged traitors and the most honest Iudges of the land enforced to subscribe to that judgement In so much that Iudge Belknap plainly told the Duke of Ireland and the Earl of Suffolk when he was constrained to set his hand plainly told these Lords that he wanted but a rope that he might therewith receive a reward for his subscription And in this Councell of Nottingham was hatched the ruine of those which governed the King of the Iudges by them constrained of the Lords that loved the King and sought a reformation and of the King himself for though the King found by all the Shrieves of the shires that the people would not fight against the Lords whom they thought to bee most faithfull unto the King when the Citizens of London made the same answer being at that time able to arme 50000. men and told the Major that they would never fight against the Kings friends and defenders of the Realme when the Lord Ralph Passet who was near the King told the King boldly that he would not adventure to have his head broken for the Duke of Irelands pleasure when the Lord of London told the Earle of Suffolk in the Kings presence that he was not worthy to live c. yet would the King in the defence of the destroyers of his estate lay ambushes to intrap the Lords when they came upon his faith yea when all was pacified and that the King by his Proclamation had clear'd the Lords and promised to produce Ireland Suffolk and the Archbishop of Yorke Tresiltan and Bramber to answer at the next Parliament these men confest that they durst not appear and when Suffolk fled to Callice and the Duke of Ireland to Chester the King caused an army to be leavied in Lancashire for the safe conduct of the Duke of Ireland to his presence when as the Duke being encountered by the Lords ranne like a coward from his company and fled into Holland After this was holden a Parliament which was called that wrought wonders In the Eleventh year of this King wherein the fornamed Lords the Duke of Ireland and the rest were condemned and confiscate the Chief Iustice hanged with many others the rest of the Iudges condemned and banisht and a 10. and a 15. given to the King COUNS. But good Sir the King was first besieged in the Tower of London and the Lords came to the Parliament and no man durst contradict them IUST Certainly in raising an army they committed treason and though it appear that they all loved the King for they did him no harm having him in their power yet our law doth construe all leavying of war without the Kings commission and all force raised to be intended for the death and destruction of the King not attending the sequell And it is so judged upon good reason for every unlawfull and ill action is supposed to be accompanied with an ill intent And besides those Lords used too great cruelty in procuring the sentence of death against divers of the Kings servants who were bound to follow and obey their Master and Soveraigne Lord in that he commanded COUNS. It is true and they were also greatly to blame to cause then so many seconds to be put to death seeing the principalls Ireland Suffolk and York had escaped them And what reason had they to seek to enform the State by strong hand was not the Kings estate as dear to himself as to them He that maketh a King know his errour mannerly and private and gives him the best advice he is discharged before God and his own conscience The Lords might have â—â—tired themselves when they saw they could not prevail and have left the King to his own wayes who had more to lose then they had IUST My Lord the taking of Arms cannot be excused in respect of the law but this might be said for the Lords that the King being under yeares and being wholly governed by their enemies and the enemies of the kingdome and because by those evil mens perswasions it was advised how the Lords should have been murthered at a feast in London they were excusable during the kings minority to stand upon their guard against their particular enemies But we will passe it over go on with our parliaments that followed whereof that of Cambridge in the Kings 12th year was the next therein the King had given him a 10th and a 15th after which being 20. yeares of age rechanged saith H. Kinghton his Treasurer his Chancellour the Iustices of either bench the Clerk of the privy seal and others and took the government into his own hands He also took the Admirals place from the Earl of Arundell and in his room he placed the Earl of Huntingdon in the yeare following which was the 13th year of the K. in the Parliament at Westminster there was given to the King upon every sack of wooll 14s and 6d in the gound upon other Merchandise COUNS. But by your leave the King was restrained this parliament that he might not dispose of but a third part of the money gathered IUST No my Lord by your favour But true it is that part of this mony was by the Kings consent assigned towards the wars but yet left in the Lord Treasurers hands and my Lord it would be a great ease and a great saving to his Majesty our Lord and Master if it pleased him to make his assignations upon some part of his revenewes by which he might have 1000l upon every 10000l and save himself a great deale of clamour For seeing of necessity the Navy must be maintained and that those poor men as well Carpenters as ship-keepers must be paid it were better for his Majesty to give an assignation to the Treasurer of his Navy for the receiving of so much as is called ordinary then to discontent those poor men who being made desperate beggars may perchance be corrupted by them that lye in wait to destroy the Kings estate And if his Majesty did the like in all other payements especially where the necessity of such as are to receive cannot possible give dayes his Majesty might then in a little rowle behold his receipts and expences he might quiet his heart when all necessaries were provided for and then dispose the rest at his pleasure And my good Lord
not more honourable and more safe for the King that the Subject pay by perswasion then to have them constrained If they be contented to whip themselves for the King were it not better to give them the Rod into their hands then to commit them to the Executioner Certainly it is farre more happy for a Soveraigne Prince that a Subject open his purse willingly then that the same be opened by violence Besides that when impositions are laid by Parliament they are gathered by the authority of the Law which as aforesaid rejecteth all complaints and stoppeth every mutinous mouth It shall ever be my prayer that the King embrace the Councel of Honour and safety and let other Princes imbrace that of force COUNS. But good Sir it is his Prerogative which the King stands upon it is the Prerogative of the Kings that the Parliaments do all diminish IUST If your Lordship would pardon me I would say then that your Lordships objection against Parliaments is ridiculous In former Parliaments three things have been supposed dishonour of the King The first that the Subjects have conditioned with the King when the King hath needed them to have the great Charter confirmed The second that the Estates have made Treasurers for the necessary and profitable disbursing of those sums by them given to the end that the Kings to whom they were given should expend them for their own defence for the defence of the Common-wealth The third that these have prest the King to discharge some great Officers of the Crown and to elect others As touching the first my Lord I would fain learn what disadvantage the Kings of this Land have had by confirming the great Charter the breach of which have served onely men of your Lordships rank to assist their own passions and to punish and imprison at their own discretion the Kings poor Subjects Concerning their private hatred with the colour of the Kings service for the Kings Majestie take no mans inheritance as I have said before nor any mans life but the Law of the Land according to the Charter Neither doth his Majesty imprison any man matter of practice which concerns the preservation of his estate excepted but by the law of the land And yet he useth his prerogative as all the Kings of England have ever used to for the supream reason cause to practise many things without the advice of the law As insurrections and rebellions it useth the marshall and not the common law without any breach of the Charter the intent of the Charter considered truely Neither hath any Subject made complaint or been grieved in that the Kings of this land for their own safeties and preservation of their estates have used their Prerogatives the great Ensigne on which there is written soli Deo And my good Lord was not Buckingham in England and Byron in France condemned their Peers uncalled And withall was not Byron utterly contrary to the custome priviledges of the French denyed an advocate to assist his defence For where lawes forecast cannot provide remedies for future dangers Princes are forced to assist themselves by their Prerogatives But that which hath been ever grievous and the cause of many troubles very dangerous is that your Lordships abusing the reasons of state do punish and imprison the K. Subjects at your pleasure It is you my Lords that when Subjects have sometimes need of the Kings prerogative do then use the strength of the Law and when they require the law you afflict them with the prerogative and tread the great Charter which hath been confirmed by 16 Acts of Parliament under your feet as a torn parchment or waste paper COUNS. Good Sir which of us do in this sort break the great Charter perchance you mean that we have advised the King to lay the new impositious IUST No my Lord there is nothing in the great Charter against impositions and besides that necessity doth perswade them And if necessity do in somewhat excuse a private man à fortiori it may then excuse a Prince Again the Kings Majesty hath profit and increase of revenue by the impositions But there are of your Lordships contrarie to the direct Letter of the Charter that imprison the Kings Subjects and deny them the benefit of the Law to the Kings disprofit And what do you otherwise thereby if the impositions be in any sort grievous but Renovare dolores And with all digg out of the dust the long buried memorie of the Subjects former intentions with their Kings COUNS. What mean you by that IUST I will tell your Lordship when I dare in the mean time it is enough for me to put your Lordship in mind that all the Estates in the World in the offence of the people have either had profit or necessity to perswade them to adventure it of which if neither be urgent and yet the Subject exceedingly grieved your Lordship may conjecture that the House will be humble suitors for a redresse And if it be a Maxime in policy to please the people in all things indifferent and never suffer them to be beaten but for the Kings benefit for there are no blows forgotten with the smart but those then I say to make them Vassals to Vassals is but to batter down those mastering buildings erected by K Henry the 7. fortified by his Son by which the people the Gentry of England were brought to depend upon the King alone Yea my good Lord our late dear Soveraign Q. Eliz. kept them up to their advantage as wel repaired as ever Prince did Defend me spend me faith the Irish Churle COUNS. Then you think that this violent breach of the Charter will be the cause of seeking the conformation of it in the next Parliament which otherwise could never have bin moved IUST I know not my good Lord perchance not for if the House presse the King to graunt unto them all that is theirs by the Law they cannot in Iustice refuse the King all that is his by the Law And where will be the issue of such a contention I dare not divine but sure I am that it will tend to the prejudice both of the King and Subject COUNS. If they dispute not their own liberties why should they then the Kings liberties which we call his Prerogative IUST Among so many and so divers Spirits no man can foretell what may be propounded but howsoever if the matter be not slightly handled on the Kings behalf these disputes will soon dissolve for the King hath so little need of his Prerogative so great advantage by the Lawes as the fear of imparing the one to wit the Prerogative is so impossible and the burthen of the other to wit the Law so weighty as but by a branch of the Kings Prerogative namely of his remission and pardon the Subject is no way able to undergo it This my Lord is no matter of flourish that I have said but it is the truth
and unanswerable COUNS. But to execute the Laws very severely would be very grievous IUST Why my Lord are the Laws grievous which our selves have required of our Kings And are the Prerogatives also which our Kings have reserved to themselves also grievous How can such a people then be well pleased And if your Lordship confess that the Lawes give too much why does your Lordship urge the Prerogative that gives more Nay I will be bold to say it that except the Lawes were better observed the Prerogative of a Religious Prince hath manifold lesse perils then the Letter of the Law hath Now my Lord for the second third to wit for the appointing of Treasures and removing of Councellors our Kings have evermore laught them to scorn that have prest either of these after the Parliament dissolved took the money of the Treasurers of the Parliament and recalled restored the Officers discharged or else they have been contented that some such persons should be removed at the request of the whole Kingdom which they themselves out of their Noble natures would not seem willing to remove COUNS. Well Sir Would you notwithstanding all these arguments advise his Majesty to call a Parliament IUST It belongs to your Lordships who enjoy the Kings favour are chosen for your able wisedome to advise the K. It were a strange boldnesse in a poor and private person to advise Kings attended with so understanding a Councell But be like your Lorpships have conceived some other way how money may be gotten otherwise If any trouble should happen your Lordship knows that then there were nothing so dangerous for a K as to be without money A Parliament cannot assemble in haste but present dangers require hasty remedies It will be no time then to discontent the subjects by using any unordinary wayes COUNS. Well Sir all this notwithstanding we dare not advise the King to call a Parliament for if it should succeed ill we that advise should fall into the Kings disgrace And if the King be driven into any extremity we can say to the King that because we found it extremely unpleasing to his Majesty to hear of a Parliament we thought it no good manners to make such a Motion IUST My Lord to the first let me tell you that there was never any just Prince that hath taken any advantage of the successe of Councels which have been founded on reason To fear that were to fear the losse of the bell more then the losse of the steeple and were also the way to beat all men from the studies of the Kings service But for the second where you say you can excuse your selves upon the Kings own protesting against a Parliament the King upon better consideration may encounter that fineness of yours COUNS. How I pray you IUST Even by declaring himself to be indifferent by calling your Lordships together and by delivering unto you that he heares how his loving subjects in generall are willing to supply him if it please him to call a Parliament for that was the common answer to all the Sheriffes in England when the late benevolence was commanded In which respect and because you come short in all your projects because it is a thing most dangerous for a King to be without treasure he requires such of you as either mislike or rather fear a Parliment to set down your reasous in writing which you either mislike or feared it And such as with and desire it to set down answers to your objections And so shall the King prevent the calling or not calling on his Majesty as some of your great Councellers have done in many other things shrinking up their shoulders and saying the K. will have it so COUNS. Well Sir it grows late I will bid you farewell onely you shall take well with you this advice of mine that in all that you have said against our greatest those men in the end shall be your Iudges in their own cause you that trouble your self with reformation are like to be well rewarded hereof you may assure your self that we will never allow of any invention how profitable soever unlesse it proceed or seem to proceed from our selves IUST If then my Lord we may presume to say that Princes may be unhappy in any thing certainly they are unhappy in nothing more then in suffering themselves to be so inclosed Again if we may believe Pliny who tels us that 't is an ill signe of prosperity in any kingdome or state where such as deserve well find no other recompence then the contentment of their own conseiences a farre worse signe is it where the justly accused shall take revenge of the just accuser But my good Lord there is this hope remaining that seeing he hath been abused by them he trusted most he will not for the future dishonour of his judgement so well informed by his own experience as to expose such of his vassals as have had no other motives to serve him then simply the love of his person and his estate to their revenge who have onely been moved by the love of their own fortunes and their glory COUNS. But good Sir the King hath not been deceived by all IUST No my Lord neither have all been trusted neither doth the world accuse all but believe that there be among your Lordships very just and worthy men aswell of the Nobility as others but those though most honoured in the Common-wealth yet have not been most imployed Your Lordship knows it well enough that three or 4 of your Lordships have thought your hands strong enough to beat up alone the weightiest affairs in the Commonwealth and strong enough all the Land have found them to beat down whom they pleased COUNS. I understand you but how shall it appear that they have onely sought themselves IUST There needs no perspective glasse to discern it for neither in the treaties of Peace and Warre in matters of Revenue and matters of Trade any thing hath hapned either of love or of judgement No my Lord there is not any one action of theirs eminent great or small the greatnesse of themselves onely excepted CO. It is all one your Papers can neither answer nor reply we can Besides you tell the King no news in delivering these Complaints for he knows as much as can be told him IUST For the first my Lord whereas he hath once the reasons of things delivered him your Lordships shall need to be well advised in their answers there is no sophistry will serve the turn where the Iudge the understanding are both supreme For the second to say that his Majesty knows and cares not that my Lord were but to despaire all his faithfull Subjects But by your favour my Lord we see it is contrary we find now that there is no such singular power as there hath been Iustice is described with a Balance in her Hand holding it even and it hangs as even now as ever it did in any Kings dayes for singular authority begets but generall oppression COUNS. Howsoever it be that 's nothing to you that gave no interest in the Kings favour nor perchance in his opinion and concerning such a one the misliking or but misconceiving of any one hard word phrase or sentence will give argument to the King either to condemne or reject the whole discourse And howsoever his Majesty may neglect your informations you may be sure that others at whom you point will not neglect their revenges you will therefore confesse it when it is too late that you are exceeding sory that you have not followed my advise Remember Cardinall Woolsey who lost all men for the Kings service when their malice whom he grieved had out-lived the Kings affection you know what became of him as vvell as I. IUST Yea my Lord I know it well that malice hath a longer life than either love or thankfulnesse hath for as we alwaies take more care to put off pain than to enjoy pleasure because the one hath no intermission with the other we are often satisfied so it is in the smart of iniury the memory of good turns Wrongs are written in marble Benefits are sometimes acknowledged rarely requited But my Lord we shall do the K. great wrong to judge him by common rules or ordinary examples for seeing his Majesty hath greatly enriched and advanced those that have but pretended his service no man needs to doubt of his goodnesse towards those that shall performe any thing worthy reward Nay the not taking knowledge of those of his own vassals that have done him wrong is more to be lamented than the relinquishing of those that do him right is to be supected I am therefore my good Lo held to my resolution by these 2 besides the former The 1 that God would never have blest him with so many years and in so many actions yea in all his actions had he paid his honest servants with evill for good The 2d where your Lordship tels me that I will be sorry for not following your advice I pray your Lordship to believe that I am no way subject to the common sorrowing of worldly men this Maxime of Plato being true Dolores omnes ex amore animi erga corpus nascuntur But for my body my mind values it at nothing COUNS. What is it then you hope for or seek IUST Neither riches nor honour or thanks but I onely to seek to satisfie his Majesty which I would have been glad to have done in matters of more importance that I have lived and will die an honest man FINIS The Authors Epitaph made by himself EVen such is Time which takes in wast Our Youth and Ioy 's and all we have And payes us but with age and dust Which be the dark and silent grave When we have wandred all our wayes Struts up the story of our dayes And from which Earth and Grave Dust The Lord shall raise me up I trust Chief Other degrees Other degrees Seeing Touching Hearing Smelling Tasting Situation for Safety Plenty Multitude of Inhabitants Religigion Academies Courts of Justice Artificers Privledge The first devises of Rome to allure strangers as is Sanctuarie Triumps Huband men Merchant Gentry Two things Sâ— W. Raleigh accused of