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

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Commons of the Clergy in the South hee had the tenth penny and in the North the fift penny In the two and thirtyeth yeare he had a subsedy freely graunted In the three and thirtyeth yeare hee confirmed the great Charter of his owne Royall disposition and the states to shew their thankfulnesse gaue the king for one yeare the fift part of all the revenues of the land and of the Citizens the sixt part of their goods And in the same yeare the king vsed the inquisition called Traile Baston By which all Iustices and other Magistrates were grievously fined that had vsed extortion or bribery or had otherwise misdemeaned themselues to the great contentation of the people This commission likewise did enquire of intruders barrators all other the like vermine whereby the king gathered a great masse of treasure with a great deale of loue Now for the whole raigne of this king who governed England 35 yeares there was not any Parliament to his preiudice COVNS But there was taking of armes by Marshall and Hereford IVST That 's true but why was that because the king notwithstanding all that was giuen 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 gaue the king all his lands the other dyed in disgrace COVNS But what say you to the Parliament in Edward the Seconds time his successor did not the house of Parliament banish Peirce Gaueston whom the king favoured IVST But what was this Gaueston 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 Maiesty to cast him off which the king performed by an act of his owne and not by act of Parliament yea Gauestons owne fatherinlawe the Earle of Glocesterw as one of the Chiefest of the Lords that procured it And yet finding the kings affection to follow him so strongly they all consented to haue him recalled After which when his credit so increased that hee despised and set at naught all the auncient Nobility and not onely perswaded the king to all manner of outrages and riots but withall transported what he listed of the kings treasure and jewels the Lords vrged his banishment the second time but neither was the first nor second banishment forced by acte of parliament but by the forceable Lords his enemies Lastly hee being recalled by the king the Earle of Lancaster caused his head to bee stricken off when those of his party had taken him prisoner By which presumptuous acts the Earle and the rest of his company committed treason and murder treason by raysing an army without warrant murder by taking away the life of the kings subiect After which Gaveston being dead the Spencers got possession of the kings favour though the younger of them was placed about the K. by the Lords themselues COVNS What say you then to the Parliament held at London about the sixt yeare of that king IVST I say that king was not bound to performe the acts of this parliament because the Lords beeing too strong for the king inforced his consent for these be the words of our own history They wrested too much beyond the boūds of reasō CONS What say you to the Parliaments of the white wands in the 13 th of the king IVST I say the Lords that were so moued came with an army and by strong hand surprised the King they constrained sayth the story the rest of the Lords and compelled many of the Bishops to consent vnto them yea it sayth further that the king durst not but graunt to all that they required to wit for the banishment of the Spencers Yea they were so insolent that they refused to lodge the Queene cōming through Kent in the Castle of Leedes and sent her to prouide her lodging where shee could get it so late in the night for which notwithstanding some that kept her out were soone after taken and hang'd and the refore your Lordship cannot call this a Parliament for the reasons before alleaged But my Lord what became of these Lawgiuers to the king even when they were greatest a knight of the North called Andrew Herkeley assembled the Forces of the Countrey ouerthrew them and their army slewe the Earle of Hereford and other Barons tooke their generall Thomas Earle of Lancaster the Kinges cozen-germane at that tyme possessed of fiue Earledomes the Lords Clifford Talbort Mowbray Maudiut Willington Warren Lord Darcy Withers Kneuill Leybourne Bekes Louell Fitzwilliams Watervild and diverse other Barons Knights and Esquires and soone after the Lord Percy and the Lord Warren tooke the Lords Baldsemere and the Lord Audley the Lord Teis Gifford Tuchet and many others that fled from the battaile the most of which past vnder the hands of the hangman for constraining the King vnder the colour and name of a Parliament But this your good Lordship may iudge to whom those tumultuous assemblies which our histories falsely call Parliaments haue beene daungerous the Kings in the end ever preuailed and the Lords lost their liues estates After which the Spencers in their banishment at Yorke in the 15 th of the King were restored to the honors and estates and therein the King had a subsedy giuen him the sixt penny of goods throughout England Ireland and Wales COVNS Yet you see the Spencers were soone after dissolued IVST It is true my Lord but that is nothing to our subiect of Parliament they may thanke their owne insolencie for they branded despised the Queene whom they ought to haue honored as the Kings wife they were also exceeding greedy built thēselues vpon other mens ruines they were ambitious exceeding malitious wherevpon that came that when Chamberlaine Spencer was hang'd in Hereford a part of the 24 th Psalme was written over his head Quid gloriaris in malitia potens COVNS Well Sir you haue all this while excused your selfe vpon 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 rebel the three estates did him the greatest affront that euer king receiued or endured therefore I conclude where I began that these Parliaments are dangerous for a king IVST To answere your Lordship in order may it please you first to call minde what was giuen this great king by his Subjects before the dispute betwixt him and the house happened which was in his latter dayes from his first yeare to his fift yeare there was nothing giuen the king by his subjects In his eight yeare at the Parliament at London a tenth and a fifteenth was graunted in his tenth yeare hee ceased vpon the Italians goods heere in England to his owne vse with all the goods of the Monkes Cluniacqs and others of the order of the Cistertians
his Maiesty might then in a litle rowle behold his receipts and expences hee might quiet his heart when all necessaries were provided for and then dispose the rest at his pleasure And my good Lord how excellently and easily might this haue bin done if the 400000● had beene raised as aforesaid vpon the Kings lands and wards I say that his Maiesties house his navy his guards his pensioners his munition his Ambassadors and all else of ordinary charge might haue beene defrayed and a great summe left for his Maiesties casuall expences and rewards I will not say they were not in loue with the Kings estate but I say they were vnfortunately borne for the King that crost it COVNS Well Sir I would it had beene otherwise But for the assignments there are among vs that will not willingly indure it Charity begins with itselfe shall wee hinder our selues of 50000● per annum to saue the King 20 No Sir what will become of our New-yeares gifts our presents and gratuities We can now say to those that haue warrants for money that there is not a penny in the Exchequer but the king giues it away vnto the Scots faster then it comes in IVST My Lord you say well at least you say the trueth that such are some of our answeres and hence comes that generall murmure to all men that haue money to receiue I say that there is not a penny giuen to that nation be it for seruice or otherwise but it is spread over all the kingdome yea they gather notes and take copies of all the priuy seales and warrants that his Maiesty hath given for the money for the Scots that they may shew them in Parliament But of his Maiesties gifts to the English there is no bruite though they may be tenne times as much as the Scots And yet my good Lord howsoeuer they be thus answered that to them sue for money out of the Exchequer it is due to them for 10 or 12 or 20 in the hundred abated according to their qualities that sue they are alwaies furnished For conclusion if it would please God to put into the Kings heart to make their assignations it would saue him many a pound and gaine him many a prayer and a great deale of loue for it grieueth every honest mans heart to see the abūdance which euen the petty officers in the Exchequer and others gather both from the king and subiect and to see a world of poore men runne after the King for their ordinary wages COVNS Well well did you never heare this old tale that when there was a great contention about the weather the Seamen complaining of contrary windes when those of the high Countreyes desired raine and those of the valleyes sunshining dayes Iupiter sent them word by Mercury then when they had all done the weather should be as it had bin And it shall euer fall out so with them that complaine the course of payments shall be as they haue beene what care we what petty fellowes say or what care wee for your papers haue not we the Kings eares who dares contest with vs though we cannot be revenged on such as you are for telling the trueth yet vpon some other pretence wee 'le clap you vp and you shall sue to vs ere you get out Nay wee 'le make you confesse that you were deceiued in your proiects and eate your owne words learne this of me Sir that as a little good fortune is better then a great deale of vertue so the least authority hath advantage ouer the greatest wit was he not the wisest man that said the battaile was not to the strongest nor yet bread for the wise nor riches to men of vnderstanding nor fauour to men of knowledge but what time chance came to them all IVST It is well for your Lordship that it is so But Qu Elizabeth would set the reason of a meane man before the authority of the greatest Councellor she had and by her patience therein shee raised vpon the vsuall and ordinary customes of London without any new imposition aboue 50000● a yeare for though the Treasurer Burleigh and the Earle of Leicester and Secretary Walshingham all three pensioners to Customer Smith did set themselues against a poore waiter of the Custome-house called Carwarden and commaunded the groomes of the privy Chamber not to giue him accesse yet the Queene sent for him and gaue him countenance against them all It would not serue the turne my Lord with her when your Lordships would tell her that the disgracing her great officers by hearing the complaints of busie heads was a dishonour to herselfe but shee had alwaies this answere That if any man complaine vniustly against a Magistrate it were reason he should be severely punished if iustly shee was Queene of the small aswell as of the great and would heare their complaints For my good Lord a Prince that suffereth himselfe to be besieged forsaketh one of the greatest regalities belonging to a Monarchie to wit the last appeale or as the French call it le dernier resort COVNS Well Sir this from the matter I pray you go on IVST Then my Lord in the kings 15 th yeare he had a tenth and at fifteene graunted in Parliament of London And that same yeare there was a great Councell called at Stamford to which diuerse men were sent for of diuerse counties besides the Nolility of whom the K. tooke advice whether he should continue the war or make a finall end with the French COVNS What needed the king to take the advice of any but of his owne Councell in matter of peace or warre IVST Yea my Lord for it is said in the Prouerbes where are many counsellers there is health And if the king had made the warre by a generall consent the kingdome in generall were bound to maintaine the warre and they could not then say when the King required ayde that he vndertooke a needlesse warre COVNS You say well but I pray you go on IVST After the subsedy in the 15 yeare the King desired to borrow 10000 l of the Londoners which they refused to lend COVNS And was not the King greatly troubled therewith IVST Yea but the King troubled the Londoners soone after for the king tooke the advantage of a ryot made vpon the Bishop of Salisbury his men sent for the Maior and other the ablest cittizens committed the Maior to prison in the Castle of Windsor and others to other castles and made a Lord VVarden of this citty till in the end what with 10000 l ready money and other rich presents insteed of lending 10000 l it cost them 20000 l. Betweene the fifteenth yeare and twentith yeare hee had two aydes giuen him in the Parliaments of VVinchester and VVestminster and this later was given to furnish the Kings iourney into Ireland to establish that estate which was greatly shaken since the death of the Kings Grandfather who receiued thence yearely 30000 l and during the