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
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
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
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
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
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
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
relief the one half of the Woolls throughout England and of the Clergy all their Woolls after which in the end of the year he had granted in his Parliament at Westminster forty shillings upon every sack of Wooll and for every 30 wooll fels forty shillings for every last of leatherne as much and for all other merchandizes after the same rate The King promising that this years gathering ended he would thenceforth content himself with the old custome he had over and above this great aide the eight part of all goods of all Citizens and Burgesses and of other as of forreigne Merchants and such as lived not of the gain of breeding of sheep and cattell the fifteenth of their goods Nay my Lord this was not all though more then ever was granted to any King for the same Parliament bestowed on the King the ninth sheaf of all the corn within the Land the ninth fleece and the ninth lambe for two years next following now what think your Lordship of this Parliament COUNS. I say they were honest men IUST And I say the people are as loving to their King now as ever they were if they be honestly and wisely dealt withall and so his Majesty hath found them in his last two Parliaments if his Majestie had not been betrayed by those whom he most trusted COUNS. But I pray you Sir who shall a King trust if he may not rust those whom he hath so greatly advanced JUST I will tell your Lordship whom the King may trust COUNS. Who are they IUST His own reason and his own excellent Iudgement which have not deceived him in any thing wherein his Majesty hath been pleased to exercise them Take Councell of thine heart saith the book of Wisedome for there is none more faithfull unto thee then it COUNS. It is true but his Majesty found that those wanted no judgement whom he trusted and how could his Majestie divine of their honesties JUST Will you pardon me if I speak freely for if I speak out of love which as Solomon saith covereth all trespasses The truth is that his Majestie would never beleeve any man that spake against them and they knew it well enough which gave them boldnesse to do what they did COUNS. What was that JUST Even my good Lord to ruine the Kings estate so far as the state of so great a King may be ruin'd by men ambitious and greedy without proportion It had been a brave increase of revenue my Lord to have raysed 50000l land of the Kings to 20000l revenue and to raise the revenue of wards to 20000l more 40000l added to the rest of his Majesties estate had so enabled his Majestie as he could never have wanted And my good Lord it had been an honest service to the King to have added 7000l lands of the Lord Cobhams Woods and goods being worth 30000l more COUNS. I know not the reason why it was not done JUST Neither doth your Lordship perchance know the reason why the 10000l offer'd by Swinnerton for a fine of the French wines was by the then Lord Treasurer conferr'd on Devonshire and his Mistris COUNS. What moved the Treasurer to reject and crosse that raising of the Kings lands JUST The reason my good Lord is manifest for had the land been raised then had the King known when he had given or exchanged land what he had given or exchanged COUNS. What hurt had been to the Treasurer whose Office is truely to informe the King of the value of all that he giveth JUST So he did when it did not concerne himself nor his particular for he could never admit any one peece of a good Manour to passe in my Lord Aubignes book of 1000l and till he himself had bought and then all the remaining flowers of the Crowne were called out Now had the Treasurer suffer'd the Kings lands to have been raised how could his Lordship have made choice of the old â—ents as well in that book of my Lord Aubigne as in exchange of Theobalds or which he took Hatfield in it which the greatest subject or favorite Queen Elizabeth had never durst have named unto her by way of gift or exchange Nay my Lord so many other goodly Mannors have passed from his Majestie as the very heart of the Kingdome mourneth to remember it and the eyes of the Kingdome shedde teares continually at the beholding it yea the soul of the Kingdome is heavy unto death with the consideration thereof that so magnanimous a Prince should suffer himself to be so abused COUNS. But Sir you know that Cobhams lands were entayled upon his Cofens JUST Yea my Lord but during the lives and races of George Prook his children it had been the Kings that is to say for ever in effect but to wrest the King and to draw the inheritance upon himself he perswaded his Majestie to relinquish his interest for a pretty summe of mony and that there might be no counterworking he sent Prook 6000 l. to make friends whereof Lord Hume had 2000l back again Buckhurst and Barwick had the other 4000 l. and the Treasurer and his heires the masse of land forever COUNS. What then I pray you came to the King by this great consiscation IUST My Lord the Kings Majestie by all those goodly possessions Woods and goods looseth 500l by the year which he giveth in pension to Cobham to maintain him in prison COUNS. Certainly even in conscience they should have reserved so much of the land in the Crown as to have given Cobham meat and apparell and not made themselves so great gainers and the King 500l per annum looser by the bargain but it 's past Consilium non est eorum quae fieri nequeunt JUST Take the rest of the Sentence my Lord Sed consilium versatur in iis quae sunt in nostra potestate It is yet my good Lord in potestate Regis to right himself But this is not all my Lord And I fear me knowing your Lordships love to the King it would put you in a feaver to hear all I will therefore go on with my Parliaments COUNS. I pray do so and amongst the rest I pray you what say you to the Parliament holden at Iondon in the fifteenth year of King Edward the third IUST I say there was nothing concluded therein to the prejudice of the king It is true that a little before the sitting of the house the King displaced his Chancellour and his Treasurer and most of all his Iudges and Officers of the Exchequer and committed many of them to prison because they did not supply him with money being beyond the Seas for the rest the States assembled besought the King that the Lawes of the two Charters might be observed and that the great Officers of the Crowne might be chosen by Parliament COUNS But what successe had these petitions IUST The Charters were observed as before and so they will be ever and the other petition was rejected the King being
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
how excellently and easily might this have been done if the 400000l had been raised as aforesaid upon the Kings lands and wards I say that his Majesties House his Navy his guards his pensioners his munition his Ambassadors and all else of ordinary charge might have been defrayed and a great summe left for his Majesties casuall expences and rewards I will not say they were not in love with the Kings estate but I say they were unfortunately borne for the King that crost it COUNS. Well Sir I would it had been otherwise But for the assignments there are among us that will not willingly indure it Charity begins with it self shall we hinder our selves of 50000l per annum to save the King 20 No Sir what will become of our New years gifts our presents and gratuities We can now say to those rhat have warrants for money that there is not a penny in the Exchequer but the King gives it away unto the Scots faster then it comes in IUST My Lord you say well at least you say the truth that such are some of our answers and hence comes that generall murmure to all men that have money to receive I say that there is not a penny given to that nation be it for service or otherwise but is spread over all the kingdome yea they gather notes and take copies of all the privy seals and warrants that his Majesty hath given for the money for the Scots that they may shew them in Parliament But of his Majesties gifts to the English there is no bruit though they may be tenne times as much as the Scots And yet my good Lord howsoever they be thus answered that to them sue for money out of the Echequer it is due to them for 10. or 12. or 20. in the hundred abated according to their qualities that shew they are alwaies furnished For conclusion if it would please God to put into the Kings heart to make their assignations it would save him many a pound and gain him many a prayer and a great deal of love for it grieveth every honest mans heart to see the abundance which even the petty officers in the Exchequer and others gather both from the king and subject and to see a world of poore men runne after rhe King for their ordinary wages COUNS. Well well did you never hear this old tale that when there was a great contentation about the weather the Seamen complaining of contrary windes when those of the high Countreys desired rain and those of the valleys sunshining dayes Iupiter sent them word by Mercury then when they had all done the weather should be as it had been And it shall ever fall out so with them that complain the course of payments shall be as they have been what care we what petty fellows say or what care we for your papers have not we the Kings eares who dares contest with us though we cannot be revenged on such as you are for telling the truth yet upon some other pretence wee 'le clap you up and you shall sue to us ere you get out Nay wee 'le make you confesse that you were deceived in your projects and eat your own words learn this of me Sir that as a little good fortune is better then a great deal of virtue so the least authority hath advantage over the greatest wit was he not the wisest man that said the battel was not the strongest nor yet bread for the wise nor riches to men of understanding nor favour to men of knowledge but what time and chance came to them all IUST It is well for your Lordship that it is so But Qu Elizabeth would set the reason of a mean man before the authority of the greatest Councellor she had and by her patience therein she raised upon the usuall and ordinary customes of London without any new imposition above 50000l a year for though the Treasurer Burleigh and the Earle of Leicester and Secretary Walshingham all three pensioners to Customer Smith did set themselves against a poor waiter of the Custome-house called Carwarden and commanded the groomes of the privy Chamber not to give him accesse yet the Queen sent for him and gave him countenance against them all It would not serve the turn 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 her self but she had alwayes this answer That if any men complain unjustly against a Magistrate it were reason he should be severely punished if justly shee was Queen of the small as well as of the great and would hear their complaints For my good Lord a Prince that suffereth himself to be besieged forsaketh one of the greatest regalities belonging to a Monarchie to wit the last appeal or as the Trench call it le dernier resort COUNS. Well Sir this from the matter I pray you go on IUST Then my Lord in the Kings 15. year he had a tenth and a fifteen graunted in Parliament of London And that same year there vvas a great Councell called at Stamford to vvhich diverse men vvere sent for of diverse counties besides the Nobility of vvhich the King took advice vvhether he should continue the vvar or make a finall end vvith the French COUNS. What needed the King to take the advice of any but of his ovvn Councell in matter of peace or vvarre IUST Yea my Lord for it is said in the Proverbs where are many counsellers there is health And if the King had made the vvarre by a generall consent the Kingdome in generall vvere bound to maintain the vvarre and they could not then say when the King required aid that he undertook a needlesse vvarre COUNS. You say vvell but I pray you go on IUST After the subsedy in the 15. yeare the King desired to borrovv 10000l of the Londoners vvhich they refused to lend COUNS. And vvas not the King greatly troubled there vvith IUST Yea but the King troubled the Londoners soon aftar for the king took the advantage of a ryot made upon the Bishop of Salisbury his men sent for the Major and other the ablest citizens comitted the Major to prison in the Castle of Windsor and others to other castles and made a Lord Warden of this citie till in the end vvhat vvith 10000l ready money and other rich presents instead of lending 10000l it cost them 2000l Betvveen the fifteenth yeare and tvventieth yeare he had tvvo aides given him in the Parliaments of Winchester and Westminster and this later vvas given to furnish the Kings journey into Ireland to establish that estate vvhich vvas greatly shaken since the death of the Kings Grandfather vvho received thence yearly 30000l and during the Kings stay in Ireland he had a 10th and a 5th granted COUNS. And good reason for the King had in his army 4000. horse and 30000. foot IUST That by your favour vvas the Kings savity for great armies do
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
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
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
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