the K. the Prince were cōstrained to yeeld to the Lords A cōstrained consent is the consent of a Captiue not of a K. therefore there was nothing done there either legally or royally For if it be not properly a Parliament where the subiect is not free certainely it can be none where the King is bound for all Kingly rule was taken from the King and twelue Peeres appointed and as some writers haue it 24 Peeres to gouerne the Realme and therefore the assembly made by Iack Strawe other rebels may aswell bee called a Parliament as that of Oxford Principis nomen habere non est esse Princeps for thereby was the King driuen not only to cōpoūd all quarrels with the French but to haue meanes to be revenged on the rebell Lords but he quitted his right to Normādy Aniou Mayne COVNS But sir what needed this extremity seeing the Lords required but the confirmation of the former Charter which was not preiudiciall to the King to graunt IVST Yes my good Lord but they insulted vpon the King and would not suffer him to enter into his own castles they put downe the Purvey or of the meate for the maintenance of his house as if the King had beene a bankrupt and gaue order that without ready money he should not take vp a Chicken And though there is nothing against the royalty of a King in these Charters the Kings of England beeing Kings of freemen and not of slaues yet it is soe contrary to the nature of a King to bee forced euen to those thinges which may be to his advantage as the King had some reason to seeke the dispensation of his oath from the Pope and to drawe in strangers for his owne defence yea Iure saluo Coronae nostrae is intended inclusiuely in all oathes and promises exacted from a Soueraigne COVNS But you cānot be ignorant how dangerous athing it is to cal in other natiōs both for the spoile they make as also so because they haue often held the possession of the best places with which they haue beene trusted IVST It is true my good Lord that there is nothing so daungerous for a King as to be constrained and held as prisoner to his vassals for by that Edward the second and Richard the second lost their Kingdomes and their liues And for calling in of strangers was not King Edward the sixth driuen to call instrangers against the rebels in Norfolke Cornewall Oxfordshire and elsewhere Haue not the K s. of Scotland beene oftentimes constrained to entertaine strangers against the Kings of England And the King of England at this time had he not bin diuerse times assisted by the Kings of Scotlād had bin endāgered to haue bin expelled for ever COVNS But yet you knowe those Kings were deposed by Parliament IVST Yea my good Lord being Prisoners being out of possession and being in their hands that were Princes of the blood and pretenders It is an old countrey prouerbe that might overcomes right a weake title that weares a strong sword commonly prevailes against a strong title that weares but a weake one otherwise Philip the second had never bin Duke of Portugal nor Duke of Millayne nor K. of Naples Scicilie But good Lord Errores not sunt trah udi in exemplum I speake of regall peaceable and lawfull Parliaments The King at this time was but a King in name for Glocester Leycester and Chichester made choise of other Nyne to whom the rule of the Realme was committed the Prince was forced to purchase his liberty frō the Earle of Leycester by giuing for his ransome the County Pallatine of Chester But my Lord let vs judge of those occasions by their events what became of this proud Earle was hee not soone after slaine in Euesham was he not left naked in the field and left a shamefull spectacle his head being cut off from his shoulders his priuy parts from his body laid on each side of his nose And did not God extinguish his race after which in a lawfull parliament at Westminster confirmed in a following parliament of Westminster were not all the Lords that followed Leycester disinherited And when that foole Glocester after the death of Leycester whom he had formerly forsaken made himselfe the head of a second rebellion and called in strangers for which not lōg before he had cried out against the K. was not hee in the end after that hee had seene the slaughter of so many of the Barons the spoile of their castles Lordships constrained to submit himselfe as all the suruiuers did of which they that sped best payd their sines and ransomes the King reserving to his younger sonne the Earledomes of Leycester and Derby COVN Well sir we haue disputed this King to his graue though it be true that he outliued all his enimies brought them to confusion yet those examples did not terrifie their successors but the Earle Marshall and Hereford threatned King Edward the first with a new warre IVST They did so but after the death of Hereford the Earle Marshall repented himselfe and to gaine the Kings favour he made him heire of all his lands But what is this to the Parliament for there was never K. of this land had more giuen him for the time of his raigne then Edward the sonne of Henry the third had COVNS How doth that appeare IVST In this sort my good Lord in this kings third yeare he had giuen him the fifteenth part of all goods In his sixt yeare a twentith In his twelfth yeare a twentyeth In his fourteenth yeare hee had escuage to wit forty shillings of euery knights Fee in his eighteenth yeare hee had the eleventh part of all moueable goods within the kingdome in his nineteenth yeare the tenth part of all Church liuings in England Scotland and Ireland for sixe yeares by agreement from the Pope in his three twentith yeare he raised a taxe vpō wooll and fels on a day caused all the religious houses to be searched al the treasure in thē to be seized brought to his coffers excusing himselfe by laying the fault vpō his treasurer he had also in the end of the same yeare of algoods of all Burgesses of the Commons the 10 ◠part in the 25 ◠yeare of the Parliamēt of S t Edmūdsbury he had an 18 th part of the goods of the Burgesses and of the people in generall the tenth part Hee had also the same yeare by putting the Clergy out of his protection a fift part of their goods and in the same yeare he set a great taxe vpon wools to wit from halfe a marke to 40 ◠vpon euery sacke wherevpon the Earle Marshall and the Earle of Hereford refusing to attend the King into Flanders pretended the greeuances of the people But in the end the king hauing pardoned thē cōfirmed the great Charter he had the ninth penny of all goods from the Lords and
so they wil be euer the other petition was reiected the King being pleas'd notwithstanding that the great Officers should take an oath in Parliament to doe Iustice. Now for the Parliament of Westminster in the 17 th yeare of the King the King had three markes and a halfe for euery sacke of wooll transported and in his 18 th he had a 10 th of the Clergy and a 15 ◠of the Laity for one yeare His Maiesty forbare after this to charge his subiects with any more payments vntill the 29 th of his reigne when there was giuen the King by Parliament 50 for euery sacke of wooll transported for sixe yeares by which grant the King receiued a thousand marks a day a greater matter then a thousand pounds in these dayes a 1000 l a day amounts to 365000 a yeare which was one of the greatest presents that euer was giuen to a King of this land For besides the cheapnes of all things in that age the Kings souldiers had but 3 d a day wages a man at armes 6 l a Knight but 2 ◠In the Parliament at Westminster in the 33 ◠yeare he had 26 ◠8 d for euery sacke of wooll transported in the 42 t◠yeare 3 dismes 3 fifteens In his 45 l yeare he had 50000 of the Layty because the Spiritualty disputed it did not pay so much the King chang'd his Chancellour Treasurer and Privy Seale being Bishops and placed Lay men in their roome COVNS It seemes that in those dayes the kings were no longer in loue with their great Chancellors then when they deserued well of them IVST No my Lord they were not that was the reason they were well serued it was the custome then in many ages after to change the Treasurer the Chancellour euery 3 yeares withall to heare all mens complaints against thē COVNS But by this often change the saying is verified that there is no inheritance in the fauour of Kings Hee that keepeth the figge tree saith Salomon shall eat the fruite thereof for reason it is that the seruant liue by the Master IVST My Lord you say well in both but had the subiect an inheritance in the Princes favor where the Prince hath no inheritance in the subiects fidelity then were kings in more vnhappy estate then common persons For the rest Salomon meaneth not that he that keepeth the figge tree should surfet though he meant he should eate hee meant not hee should breake the branches in gathering the figs or eate the ripe leaue the rotten for the owner of the tree for what saith hee in the following chapter he saith that he that maketh haste to be rich 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 haue not vsed their power to oppresse that haue not grown insolent hatefull to the people yea insolent towards those Princes that advanced them COVNS Yet you see that Princes can change their fancies IVST Yea my Lord when favorites change their faith when they forget that how familiar socuer Kings make thēselues with their Vassals yet they are kings He that provoketh a King to anger saith Salomon sinneth against his owne soule And he further saith that pride goeth before destruction and a high minde before a fall I say therefore that in discharging those Lucifers how deare soeuer they haue beene kings make the world know that they haue 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 minde is blowne vp with their owne deseruings and too great benefits of Kings confer'd vpon their subiects where 〈◊〉 minde is not qualified with a great deale of modesty are equally dangerous Of this later and insolenter had King Richard the second deliuered vp to Iustice but three or foure he had still held the loue of the people and thereby his life and estate COVNS Well I pray you goe on with your Parliaments IVST The life of this great King Edward drawes to an end so doe the Parliaments of this time where in 50 yeares raigne he neuer receiued any affront for in his 49 th yeare he had a disme and a fifteene granted him freely COVNS But Sir it is an olde saying that all is well that ends well Iudge you whether that in his 50 th yeare in Parliament at Westminster hee receiued not an affront when the house vrged the King to remoue discharge frō his presence the Duke of Lancaster the Lord Latimer his Chamberlaine Sir Richard Sturry and others whom the King fauoured and trusted Nay they pressed the King to thrust a certaine Lady out of the Court which at that time bare the greatest sway therein IVST I will with patience answere your Lordship to the full and first your Lordship may remember by that which I euen now said that neuer King had so many gifts as this King had from his subiects and it hath neuer grieued the subiects of England to giue 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 vp the people as fast as either of them both It grieued the subjects to feede these Cormorants But my Lord there are two things by which the Kings of England haue beene prest to wit by their subiects and by their owne necessities The Lords in former times were farre stronger more warlike better followed liuing 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 serue the King But to say the truth my Lord the Iustices of Peace in England haue oppos'd the iniusticers of warre in England the kings writ runs ouer all the great Scale of England with that of the next Constables will serue the turne to affront the greatest Lords in England that shall moue against the King The force therefore by which our Kings in former times were troubled is vanisht away But the necessities remaine The people therefore in these later ages are no lesse to bee pleased then the Peeres for as the later are become lesse so by reason of the trayning through England the Commons haue all the weapons in their hands COVNS And was it not so euer IVST No my good Lord for the Noblemen had in their Armories to furnish some of thē a thousand some two thousand some three thousand men whereas now there are not many that can arme fifty COVNS Can you blame them But I will only answere for my selfe betweene you me be it spoken I holde it not safe to
maintaine so great an Armory or Stable it might cause me or any other Nobleman to be suspected as the preparing of some Innovation IVST Why so my Lord rather to bee commended as preparing against all danger of Innovation COVNS It should be so but call your observation to accompt you shall find it as I say for indeed such a jelousie hath been held euer since the time of the Ciuill wars ouer the Military greatnes of our Nobles as made them haue litle will to bend their studies that wayes wherefore let euery man prouide according as hee is rated in the Muster booke you vnderstand me IVST Very well my Lord as what might be replyed in the preceiuing so much I haue euer to deale plainly and freely with your Lordship more fear'd at home popular violence then all the forreine that can be made for it can neuer bee in the power of any forreine Prince without a Papisticall party either to disorder or endanger his Majesties Estate COVNS By this it seemes it is no lesse dangerous for a king to leaue the power in the people then in the Nobility IVST My good Lord the wisdome of our owne age is the foolishnes of another the time present ought not to bee prefer'd to the Policy that was but the policy that was to the time present So that the power of the Nobility being now withered and the power of the people in the flowre the care to content them would not be neglected the way to win them often practized or at least to defend them from oppression The motiue of all dangers that euer this Monarchy hath vndergone should bee carefully heeded for this Maxime hath no posterne Potestas humana radicatur in voluntatibus hominum And now my Lord for King Edward it is true though he were not subject to force yet was hee subiect to necessity which because it was violent hee gaue way vnto it Potestas saith Pythagoras iuxia necessitatem habitat And it is true that at the request of the house he discharged put from him those before named which done he had the greatest gift but one that euer he receiued in all his dayes to wit from euery person man woman aboue the age of fourteen yeares 4 ◠of old mony which made many Millions of Groats worth 6 ◠of our mony This he had in generall besides he had of euery beneficed Priest 12 d. And of the Nobility Gentry I know not how much for it is not set down Now my good Lord what lost the King by satisfying the desires of the Parliament house for assoone as hee had the money in purse hee recalled the Lords and restored them who durst call the King to accompt when the Assembly were dissolued Where the word of a King is there is power saith Ecclesiasticus who shall say vnto him what doest thou saith the same Author for euery purpose there is a time judgment the King gaue way to the time his judgmēt persweded him to yeeld to necessity Consularius nemo melior est quà m tempus COVNS But yet you see the king was forc'd to yeeld to their demaunds IVST Doth your Lordship remember the saying of Monsieur de Lange that he that hath the profit of the warre hath also the honour of the warre whether it be by battaile or retreate the King you see had the profit of the Parliament and therefore the honour also what other end had the king then to supply his wants A wise man hath euermore respect vnto his ends And the king also knew that it was the loue that the people bare him that they vrged the remouing of those Lords there was no man among them that sought himselfe in that desire but they all sought the King as by the successe it appeared My good Lord hath it not been ordinary in England and in France to yeeld to the demaunds of rebels did not King Richard the second graunt pardon to the outragious roagues murtherers that follovved Iack Straw Wat Tyler after they had murthered his Chancellor his Treasurer Chiefe Iustice and others brake open his Exchequer and committed all manner of outrages and villanies and why did he doe it but to avoid a greater danger I say the Kings haue then yeelded to those that hated them and their estates to wit to pernicious rebels And yet without dishonour shall it be called dishonour for the King to yeeld to honest desires of his subjects No my Lord those that tell the King those tales feare their own dishonour and not the Kings for the honour of the King is supreame and being guarded by Iustice and piety it cannot receiue neither wound nor stayne COVNS But Sir what cause haue any about our King to feare a Parliament IVST The same cause that the Earle of Suffolke had in Richard the seconds time and the Treasurer Fartham with others for these great Officers being generally hated for abusing both the King and the subiect at the request of the States were discharged and others put in their roomes COVNS And was not this a dishonour to the king IVST Certainly no for King Richard knew that his Grandfather had done the like and though the king was in his heart vtterly against it yet had hee the profite of this exchange for Suffolke was fined at 20000 markes 1000 ◠lands COVNS Well Sir we will speake of those that feare the Parliament some other time but I pray you goe on with that that happened in the troublesome raigne of Richard the second who succeeded the Grandfather beeing dead IVST That king my good Lord was one of the most vnfortunate Princes that euer England had hee was cruell extreame prodigall and wholly carryed away with his two Minions Suffolk the duke of Ireland by whose ill advice others he was in danger to haue lost his estate which in the end being led by men of the like temper he miserably lost But for his subsedies hee had giuen him in his first yeare being vnder age two tenths and two fifteenes In which Parliament Alice Peirce who was remoued in king Edwards time with Lancaster Latimer and Sturry were confiscate banished In his second yeare at the Parliament at Glocester the King had a marke vpon euery sacke of wooll and 6 d the pound vpon wards In his third yeare at the Parliament at Winchester the Commons were spared and a subsedy giuen by the better sort the Dukes gaue 20 markes and Earles 6 markes Bishoppes and Abbots with myters fixe markes euery marke 3◠4 d euery Knight Iustice Esquier Shrieue Parson Vicar Chaplaine paid proportionably according to their estates COVNS This me thinkes was no great matter IVST It is true my Lord but a little mony went far in those dayes I my selfe once moued it in Parliament in the time of Queene Elizabeth who desired much to spare the Common people and I did it by her Commaundement but when we cast vp
condemne the gathering of money from the Subject vnder title of a free gift whereas a fift a sixt a tenth c. was set downe and required But my good Lord though diuers Shires haue giuen to his Maiestie some more some lesse what is this to the Kings debt COVNS We know it well enough but we haue many other projects IVST It is true my good Lord but your Lordship will find that when by these you haue drawn many petty summs frō the subjects those sometimes spent as fast as they are gathered his Maiesty being nothing enabled thereby when you shal be forced to demand your great aide the countrey will excuse it selfe in regard of their former payments COVNS What meane you by the great aide IVST I meane the aide of Parliament COVNS By Parliament I would faine know the man that durst perswade the King vnto it for if it should succeed ill in what case were he IVST You say well for your selfe my Lord and perchance you that are louers of your selues vnder pardon do follow the advice of the late Duke of Alva who was euer opposite to all resolutions in businesse of importance for if the things enterprized succeeded wel the advice neuer came in question If ill whereto great vndertakings are commōly subiect he then made his advantage by remembring his countrey councell But my good Lord these reserued Polititians are not the best seruants for hee that is bound to adventure his life for his Master is also bound to adventure his advice Keep not backe councell saith Ecclesiasticus when it may doe good COVNS But Sir I speake it not in other respect then I think it dangerous for the King to assemble the three estates for thereby haue our former kings alwaies lost somwhat of their prerogatiues And because that you shall not thinke that I speake it at randome I will begin with elder times wherein the first contention began betwixt the Kings of this land and their subiects in Parliament IVST Your Lordship shall doe me a singular fauour COVNS You know that the Kings of England had no formal Parliament till about the 18 th yeare of Henry the first for in his 17 yeare for the marriage of his daughter the King raised a tax vpon euery hide of land by the advice of his privy councell alone But you may remember how the subiects soone after the establishment of this Parliament beganne to stand vpon termes with the King and drew from him by strong hand and the sword the great Charter IVST 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 COVNS You say well but it was after the establishment of the Parliament by colour of it that they had so great daring for before that time they could not endure to heare of S Edwards lawes but resisted the confirmation in all they could although by those lawes the Subjects of this Iland were no lesse free then any of all Europe IVST My good Lord the reason is manifest for while the Normans other of the French that followed the 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 discent or two when themselues were become English found themselues beaten with their own rods they then began to sauour the difference betweene subjection slauery insist vpon the law Meum Tuum to be able to say vnto themselues hoc fac vives yea that the conquering English in Ireland did the like your Lordship knowes it better than I. COVNS I thinke you guesse aright And to the end the subiect may know that being a faithfull seruant to his Prince he might enioy his own life and paying to his Prince what belongs to a Soueraigne the remainder was his own to dispose Henry the first to content his Vassals gaue them the great Charter and the Charter of Forrests IVST What reasō then had K. Iohn to deny the cōfirmatiō COVNS He did not but he on the cōtrary confirmed both the Charters with additions required the Pope whom he had thē made his superior to strengthē him with a goldē bul IVST But your honour knowes that it was not long after that he repented himselfe COVNS It is true he had reason so to do for the Barons refused to follow him into France as they ought to haue done and to say true this great Charter vpon which you insist so much was not originally granted Regally and freely for Henry the first did vsurpe the kingdome and therefore the better to assure himselfe against Robert his eldest brother hee flattered his Nobility and people with those Charters Yea King Iohn that confirmed them had the like respect for Arthur Duke of Britaine was the vndoubted heire of the crowne vpon whom Iohn vsurped And so to conclude these Charters had their originall from Kings de facto but not de iure IVST But King Iohn confirmed the Charter after the death of his Nephew Arthur when he was then Rex de iure also COVNS It is true for he durst doe no other standing accursed whereby few or none obeyed him for his Nobility refused to follow him into Scotland and he had so grieued the people by pulling downe all the Parke pales before harvest to the end his deere might spoyle the Corne And by seizing the temporalities of so many Bishoprickes into his hands and chiefly for practizing the death of the Duke of Brittaine his Nephew as also hauing lost Normandy to the French so as the hearts of all men were turned from him IVST Nay by your fauour my Lord. King Iohn restored K. Edwards Lawes after his absolution and wrote his letters in the 15 ◠of his reigne to all Sheriffes countermaunding all former oppressions yea this he did notwithstanding the Lords refused to follow him into France COVNS Pardon me he did not restore King Edwards Lawes then nor yet confirmed the Charters but he promised vpon his absolution to doe both but after his returne out of France in his 16 th yeare he denyed it because without such a promise he had not obtained restitution his promise being constrained and not voluntary IVST But what thinke you was hee not bound in honour to performe it COVNS Certainely no for it was determined the case of King Francis the first of France that all promises by him made whilst he was in the hands of Charles the fifth his enemie were voide by reason the Iudge of honour which tells vs he durst doe no other IVST But King Iohn was not in prison COVNS Yet for all that restraint is imprisonment yea feare it selfe 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 giuen Neither was the Charter of Henry the
hands much more ought the great heart of a King to disdaine it And surely my Lord it is a greater treason though it vndercreepe the law to teare from the Crowne the ornaments thereof And it is an infallible maxime that hee that loues not his Majesties estate loues not his person COVNS How came it then that the acte was not executed IVS. Because these against vvhom it was graunted perswaded the King to the contrary As the Duke of Ireland Suffolke the chief Iustice Trisilian others yea that which vvas lawfully done by the King and the great Councell of the kingdome was by the mastery which Ireland Suffolke and Tresilian had ouer the Kings affections broken and disavowed Those that devised to relieue the King not by any private invention but by generall Councell were by a private and partiall assemblie adjudged traytors and the most honest Iudges of the land enforced to subscribe to that judgment In so much that Iudge Belknap plainely told the Duke of Ireland and the Earle of Suffolke when hee was constrained to set to his hand plainely told these Lords that he wanted but a rope that he might therewith receiue a reward for his subscription And in this Councell of Nottingham vvas hatched the ruine of those which governed the King of the Iudges by them constrained of the Lords that loued the King and sought a reformation and of the King himselfe for though the King found by all the Shreeues of the shires that the people would not fight against the Lords whom they thought to bee most faithfull vnto the King when the Citizens of London made the same answere beeing at that time able to arme 50000◠men told the Major that they would never fight against the Kings friends and defenders of the Realme when the Lord Ralph Basset who was neere the K. told the King boldly that hee would not adventure to haue his head broken for the Duke of Irelands pleasure vvhen the Lord of London told the Earle of Suffolke in the Kings presence that he was not worthy to liue c. yet vvould the King in the defence of the destroyers of his estate lay ambushes to entrap the Lords when they came vpon his faith yea when all was pacified and that the King by his Proclamation had clear'd the Lords and promised to produce Ireland Suffolke the Archbishop of Yorke Tresilian Bramber to answer at the next Parliament these men confest that they durst not appeare and when Suffolke 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 fled into Holland After this vvas holden a Parliament which vvas called that vvrought vvonders In the eleuenth yeare of this King wherein the forenamed Lords the Duke of Ireland the rest were condemned and confiscate the Chiefe Iustice hang'd with many others the rest of the Iudges condemned banisht a 10 th and a 15 th given to the King COVNS But good Sir the King was first besieged in the Tower of London and the Lords came to the Parliament no man durst contradict them IVST Certainly in raising an army they committed treason and though it did appeare that they all loued the King for they did him no harme hauing 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 destruction of the K. not attending the sequell And it is so judged vpon good reason for every vnlawfull and ill action is suppos'd to be accompanied with an ill intēt And besides those Lords vsed too great cruelty in procuring the sentence of death against diuers of the Kings servaunts who were bound to follow and obey their Master and Soveraigne Lord in that hee commaunded COVNS 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 Suffolke and Yorke had escaped them And what reason had they to seeke to enforme the State by strong hand was not the Kinges estate as deere to himselfe as to them He that maketh a King know his errour manerly and priuate and giues him the best aduice hee is discharged before God and his owne conscience The Lords might haue retired themselues when they saw they could not prevaile and haue left the King to his owne wayes who had more to loose then they had IVST My Lord the taking of Armes cannot be excused in respect of the law but this might be said for the Lords that the K. being vnder yeres being wholly governed by their enimies the enimies of the kingdome because by those evill mens perswasiōs it was aduised how the Lords should haue bin murthered at a feast in London they were excusable during the kings minority to stand vpō their guards against their particular enemies But we will passe it ouer and go on with our parliaments that followed whereof that of Cambridge in the K s 12 th yeare was the next therein the K. had giuen him a 10 th a 15 th after which being 20. yeares of age rechāged saith H. Kinghton his Treasurer his Chancellor the Iustices of either bench the Clerk of the priuy seale others tooke the gouernment into his own hands Hee also tooke the Admirals place frō the Earle of Arundell in his roome hee placed the Earle of Huntingdon in the yeare following which was the 13 th yeare of the K. in the Parliament at Westminster there was giuen to the King vpon every sacke of wooll 14 s and 6 d in the pound vpon other marchandize COVNS But by your leaue the King was restrained this parliament that he might not dispose of but a third part of the money gathered IVST No my Lord by your fauour 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 Lo it would be a great ease a great sauing to his Maiestie our Lord and Master if it pleased him to make his assignations vpon some part of his revenewes by which he might haue 1000◠vpon every 10000◠and saue himselfe a great deale of clamour For seeing of necessity the Nauy must be maintained that those poore men aswell Carpenters as ship keepers must be paid it were better for his Maiesty to giue an assignation to the treasurer of his nauy for the receiuing of so much as is called ordinary then to discontent those poore men who being made desperate beggers may perchance be corrupted by them that lye in waite to destroy the K s estate And if his Maiesty did the like in all other payments especially where the necessity of such as are to receiue cannot possible giues daies
Kings stay in Ireland hee had a 10 th and a 15 th graunted COVNS And good reason for the King had in his army 4000 horse and 30000 foote IVST That by your fauour was the Kings sanity for great armies do rather devour themselues then destroy enimies Such an army whereof the fourth part would haue conquered all Ireland was in respect of Ireland such an army as Xerxes led into Greece in this twentith yeare wherein hee had a tenth of the Cleargy was the great conspiracy of the Kings vnkle the Duke of Glocester and of Moubrey Arundell Nottingham and Warwick the Archbishop of Canterbury and the Abbotte of VVestminster and others who in the 21 â— yeare of the King were all redeemed by parliament what thinkes your Lordship was not this assembly of the 3 states for the kings estate wherein hee so prevailed that hee not onely overthrew those popular Lords but besides the English Chronicle sayth the king so wrought and brought things about that hee obtained the power of both houses to be graunted to certaine persons to 15 Noblemen and Gentlmen or to seauen of them COVNS Sir whether the king wrought well or ill 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 liuings with which wrongfull doings the people were much offended so that the King with those that were about him and chiefe in counsell came into great infamy and slander IVST My good Lord if your Lordship will pardon mee I am of opinion that those Parliaments wherein the kings of this land haue satisfied the people as they haue beene euer prosperous so where the king hath restrained the house the contrary hath happened for the K â— atchiuements in this parliament were the ready preparations to his ruine COV You meane by the general discontetmet that followed and because the King did not proceede legally with Glocester and others Why Sir this was not the first time that the Kings of England haue done things without the Counsell of the land yea contrary to the lawe IVST It is true my Lord in some particulars as euen at this time the Duke of Glocester was made away at Callice by strong hand without any lawfull triall for hee was a man so beloued of the people and so allied hauing the Dukes of Lancaster and Yorke his brethren the Duke of Aumarle and the Duke of Hereford his Nephewes the great Earles of Arundell and VVarwicke with diuerse other of his part in the conspiracy as the King durst not trie him according to the law for at the tryall of Arundell and VVarwicke 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 spurgald proverbe 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 betweene naturall cruelty and accidentall And therefore it was Machiauels 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 priuiledge whatsoeuer 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 beene committed then in any Christian Monarchy COVNS But whence came this hatred between the Duke and the King his Nephew IVST My Lord the Dukes constraining the King when he was young stucke in the kings heart and now the Dukes proud speech to the King when hee had rendred Brest formerly ingaged to the Duke of Brittaine kindled againe these coales that were not altogether extinguished for he vsed these words Your grace ought to put your body in great paine to winne a strong hold or towne by feares of armes ere you take vpon you to sell or deliuer any towne gotten by the manhood and strong hand and policy of your noble progenitours VVhereat sayth the story the King chaunged his countenance c and to say trueth it was a proud and maisterly speech of the Duke besides that inclusiuely hee taxed him of sloath and cowardize as if he had neuer put himselfe to the adventure of winning such a place vndutifull wordes of a subiect do often take deeper roote then the memory of ill deedes do The Duke of Biron found it when the King had him at advantage Yea the late Earle of Essex told Queene 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 vnto a King saith Iob thou art wicked Certainly it is the same thing to say vnto a Lady thou art crooked and perchance more as to say vnto a King that he is wicked and to say that hee is a coward or to vse any other wordes of disgrace it is one and the same errour COVN But what say you for Arundell a braue and valiant man who had the Kings pardon of his contempt during his minority IVST My good Lord the Parliament which you say disputes the Kings prerogatiue did quite contrary and destroyed the kings charter and pardon formerly giuen 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 kneele vnto him three houres for the sauing of one of her servants and that scorne of his manebat alto mente repostum And to say the truth it is more barbarous vnpardonable then any act that ever hee did to permit the wife of his Soueraigne to kneele to him being the Kings vassaile For if he had saued the Lords seruant freely at her first request as it is like enough that the Qu would also haue saued him Miseris succurrens paria obtinebis 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 Mowbray 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 knowes COVNS I know it well and God knowes that the K. had then a silly and weake Counsell about him that perswaded him to banish a Prince
they are justly or injustly laide IVST To impose vpon all things brought into the Kingdome is very auncient which imposing when it hath beene continued a certaine time is then called Customes because the subjects are accustomed to pay it yet the great taxe vpon wine is still called Impost because it was imposed after the ordinary rate of payment had lasted many yeares But we doe now a dayes vnderstand those things to bee impositions which are raised by the commaund of Princes without the aduice of the common-wealth though as I take it much of that which is now called custome was at the first imposed by Prerogatiue 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 vnjust because they want a generall consent yet is this rule of Aristotle verified in respect of his Majestie Minus timent homines iniustum pati à principe quem cultorem dei putant Yea my Lord they are also the more willingly borne because all the world knowes they are no new Invention of the Kings And if those that advised his Maiestie to impose them had raised his lands as it was offered them to 20000 l more then it was and his wards to asmuch as aforesaid they had done him farre more acceptable seruice But they had their own ends in refusing the one and accepting the other If the land had beene raised they could not haue selected the best of it for themselues If the impositions had not been laide some of them could not haue their silkes others peeces in farme which indeed grieued the subiect tenne times more then that which his Maiestie enjoyeth But certainly they made a great advantage that were the advisers for if any tumult had followed his Maiesty ready way had beene to haue deliuered them ouer to the people COVNS But thinke you that the King would haue deliuered them if any troubles had followed IVST I know not my Lord it was Machiavels counsell to Caesar Borgia to doe it and K. H. the 8 deliuered vp Empson and Dudley yea the same King when the great Cardinall Woolsey who gouerned the King and all his estate had by requiring the sixt part of euery mans goods for the King raised a rebellion the King I say disavowed him absolutely that had not the Dukes of Norfolke and Suffolke 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 minde was neuer to aske any thing of his Commons which might sound to the breach of his Lawes Wherefore hee then willed them to know by whose meanes they were so strictly giuen foorth Now my Lord how the Cardinall would haue shifted himselfe by saying I had the opinion of the Iudges had not the rebellion beene appeal'd I greatly doubt COVNS But good Sir you blanch my question and answere mee 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 deliuer them or defend them IVST My good Lord the people haue not stayde for the kings deliuery neither in England nor in France Your Lordship knowes how the Chauncellour Treasurer and Chiefe Iustice with many others at seuerall times haue bin vsed by the Rebels And the Marshals Constables and Treasurers in France haue beene cut in pieces in Charles the sixt his time Now to your Lordships question I say that where any man shall giue a King perilous advice as may either cause a rebellion or draw the peoples loue from the King I say that a King shal be advised to banish him But if the King doe absolutely commaund his seruant to doe any thing displeasing to the Common-wealth and to his own peril there is the King bound in honour to defend him But my good Lord for conclusion there is no man in England that will lay any invention either grieuous or against law vpon the Kings Maiesty And therefore your Lordships must share it amongst you COVNS For my part I had no hand in it I thinke Ingram was he that propounded it to the Treasurer IVST Alas my good Lord euery poore wayter in the Custome-house or euery promoter might haue done it there is no invention in these things To lay impositions and sell the Kings lands are poore and common devices It is true that Ingram and his fellowes are odious men and therefore his Maiestie pleas'd the people greatly to put him from the Coffership It is better for a Prince to vse such a kinde of men then to countenance them hang-men are necessary in a Commonwealth yet in the Nether-lands none but a hangmans sonne will marry a hang-mans daughter Now my Lord the last gathering which Henry the seuenth made was in his twentieth yeare wherein hee had another benevolence both of the Cleargy and Laity a part of which taken of the poorer sort hee ordained by his Testament that it should bee restored And for King Henry the eight although hee 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 hee spent in Masking and Tilting Banquetting and other vanities before hee was entered into the most consuming expence of the most fond and fruitlesse warre that euer King vndertooke In his fourth yeare hee had one of the greatest subsedies that euer was granted for besides two fifteenes and two dismes hee vsed Dauids Lawe of Capitation or head-money and had of euery Duke ten markes of euery Earle fiue pounds of euery Lord foure pounds of euery Knight foure markes euery man rated at 8 ◠in goods 4 markes and so after the rate yea euery man that was valued but at 40 paide 12 ◠and euery man and woman aboue 15 yeares 4 ◠Hee had also in his sixt yeare diuers subsedies granted him In his fourteenth there was a tenth demaunded of euery mans goods but it was moderated In the Parliament following the Clergie gaue the King the halfe of their spirituall liuings for one yeare of the Laity there was demanded 800000 ' which could not be levied in England but it was a marveilous great gift that the king had giuen him at that time In the Kings seuenteenth yeare was the Rebellion before spoken of wherein King disavowed the Cardinall In his seuenteenth yeare hee had the tenth and fifteenth giuen by Parliament which were before that time paide to the Pope And before that also the monyes that the King borrowed in his fifteenth yeare were forgiuen him by Parliament in his seuenteenth yeare In his 35 yeare a subsedy was granted of 4 ◠the pound of euery man worth in goods from 20◠to 5 ◠from 5 ◠to 10 l and vpwards of euery pound 2. And all strangers denisens and others doubled
confirme the great Charter For by reason of the vvars in France the losse of Rochell hee vvas then enforced to coÌ„sent to the Lords in all they demanded In the 10â—â— of his reigne hee fined the citty of London at 50000 markes because they had receiued Lewes of France In the 11 th yeare in the Parliament at Oxford he revoked the great charter being granted vvhen he vvas vnder age gouerned by the Earle of Pembroke the Bishop of Winchester In this 11 th yeare the Earles of Cornevvall Chester Marshall Edward Earle of Pembroke Gilbert Earle of Gloucester Warren Hereford Ferrars Warwicke others rebelled against the King constrained him to yeeld vnto them in vvhat they demaunded for their particular interest vvhich rebellion being appeased he sayled into France in his 15 th yeare he had a 15 th of the temporality a disme a halfe of the Spirituality and vvithall escuage of euery Knights fee. COVNS But what say you to the Parliament of Westminster in the 16 th of the king where notwithstanding the wars of France and his great charge in repulsing the Welsh rebels he was flatly denyed the Subsedie demaunded IVST I confesse my Lord that the house excused themselues by reason of their pouerty and the Lords taking of Armes in the next yeare it was manifest that the house was practised against the king And was it not so my good Lord thinke you in our two last Parliaments for in the first euen those whom his Majestie trusted most betrayed him in the vnion in the secoÌ„d there were other of the great ones ran counter But your Lordship spake of dangers of Parliaments in this my Lord there was a deniall 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 vpon the K. were ouerturned with the counterbuffe for hee resumed all those lands which hee had given in his minority hee called all his exacting officers to accompt hee found them all faulty hee examined the corruption of other magistrates and from all these he drew sufficient mony to satisfie his present necessity whereby hee not onely spared his people but highly contented them with an act of so great Iustice Yea Hubert Earle of Kent the chiefe justice whom hee 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 yeare at the assemblie of the States at Lambeth the King had the fortith part of euery mans goods given him freely towards his debts for the people who the same yeare had refused to giue the King any thing when they sawe hee had squeased those spunges of the common wealth they willingly yeelded to giue him satisfaction COVNS But I pray you what became of this Hubert whoÌ„ the King had favoured aboue all men betraying his Majestie as he did IVST There were many that perswaded the King to put him to death but he could not be drawne to consent but the King seized vpon his estate which was great yet in the end hee left him a sufficient portion and gaue him his life because hee had done great service in former times For his Majestie though hee tooke advantage of his vice yet hee forgot not to haue consideration of his vertue And vpon this occasion it was that the King betrayed by those whom hee most trusted entertayned strangers and gaue them their offices and the charge of his castles and strong places in England COVNS But the drawing in of those strangers was the cause that Marshall Earle of Pembroke moued warre against the King IVST It is true my good Lord but hee was soone after slaine in Ireland and his whole masculine race ten yeres extinguished though there were fiue sonnes of them Marshall being dead who was the mouer and ring-leader of that warre the King pardoned the rest of the Lords that had assisted Marshall COVNS What reason had the King so to doe IVST Because he was perswaded that they loued his person only hated those corrupt Counselours that then bare the greatest sway vnder him as also because they were the best men of warre hee had whom if he destroyed hauing warre with the French he had wanted Commanders to haue served him COVNS But what reason had the Lords to take armes IVST Because the King entertayned the Poictouiâ—s were not they the Kings vassals also Should the Spaniards rebell because the Spanish King trusts to the Neopolitans Portagues Millanoies and other nations his vassals seeing those that are governed by the Vice-royes and deputies are in pollicy to be well entertayned and to be employed who would otherwise devise how to free themselues whereas beeing trusted and imployed by their Prince they entertaine themselues with the hopes that other the Kings vassals doe if the King had called in the Spaniards or other Nations not his Subjects the Nobility of England had had reason of griefe But what people did euer serue the King of England more faithfully then the Gascoynes did even to the last of the conquest of that Duchy IVST Your Lordship sayes wel I am of that opinion that if it had pleased the Queene of Eng. to haue drawne some of the chiefe of the Irish Nobility into Eng. by exchange to haue made them good freeholders in Eng. shee had saued aboue 2. millions of pounds which were consumed in times of those rebellions For what held the great Gascoigne firme to the Crowne 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 Soueraigne Lord given lands to divers of the Nobility of Scotland And if I were worthy to advise your Lordship I should thinke 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 giue cause to the English to complaine that the treasure of England is transported into Scotland but his Majesty is thereby also frustrated of making both Nations one and of assuring the service and obedience of the Scots in future COVNS You say well for though those of Scotland that are advanced and enriched by the Kings Majesties will no doubt serue him faithfully yet how their heires successours hauing no inheritance to loose in England may be seduced is vncertaine But let vs goe on with our Parliament And what say you to the deniall in the 26 â— yeare 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 IVST It is true my