Justice and good order being more learned in the Law than in doing right and that he had by far more knowledge than conscience Certainly the unjust Magistrate that fancieth to himself a solid and untransparable bodie of Gold every ordinarie wit can vitrifie and make transparent pierce and discern their corruptions howsoever because not daring they cover their knowledge but in the mean while it is also true That constrained dissimulation either in the proud heart or in the oppressed either in publick estates or in private persons where the fear of God is not prevalent doth in all the leisure of her lurking but sharpen her teeth the voluntarie being no less base than the forced malitious Thus it fared between the Barons of England and their Kings between the Lords of Switzerland their people between the Sicilians and the French between the Dolphin and John of Burgoign between Charl the Ninth and the French Protestants and between Henry the third his successor and the Lords of Guise hereof in place of more particulars the whole world may serve for examples It is a difficult piece of Geographie to delinate and lay out the bounds of Authority but it is easie enough coÌ„ceive the best use of it and by which it hath maintained it self in lasting happiness t hath ever acquired more honour by perswading than by beating for as the bonds of Reason and Love are immortal so do all other chains or cords both rustâ—e rot Noble parts of their own Royal and Politick bodies But we will forbear for a while to stretch this first string of Civil Justice for in respect of the first sort of Men to wit of those that live by their own labour they have never been displeased where they have been suffered to enjoy the fruit of their own travels Meum Tuum Mine Thine is all wherein they seek their certaintie protection True it is that they are the Fruit-Trees of the Land which God in Deuteronomie commanded to be spared they gather honey and hardly enjoy the wax and break the ground with great labour giving the best of their grain to the easefull idle For the second sort which are the Merchants as the first feed the Kingdome so do these enrich it yea their trades especially those which are forcible are not the least part of our Martiall Policie as hereafter proved and to do them right they have in all ages and times assisted the Kings of this Land not onely with great sums of money but with great Fleets of Ships in all their enterprises beyond the seas The second have seldome or never offended their Princes to enjoy their trades at home upon tolerable conditions hath ever contented them for the injuries received from other Nations give them but the Commission of Reprisal they will either Right themselves or sit down with their own losse without complaint 3. The third sort which are the Gentrie of England these being neither seated in the lowest grounds and thereby subject to the biting of every beast nor in the highest Mountains thereby in danger to be torn with tempest but the Valleys between both have their parts in the inferiour Iustice being spread over all are the Garrisons of good order throughout the Realm Sir WALTER RALEIGH'S LETTERS Sir Walter Raleigh's Letter to Mr Secretary Winwood before his Iourney to Guiana Honourable SIR I Was lately perswaded by two Gentlemen my ancient Friends to acquaint your Honour with some offers of mine made heretofore for a Journey to Guiana who were of opinion That it would be better understood now than when it was first propounded which advice having surmounted my dispair I have presumed to send unto your Honour the Copies of those Letters which I then wrote both to his Majestie and to the Treasurer Ceuill wherein as well the reasons that first moved me are remembered as the objections by him made are briefly answered What I know of the riches of that place not by hear say but what mine eyes hath seen I have said it often but it was then to no end Because those that had the greatest trust were resolved not to believe it not because they doubted the Truth but because they doubted my Disposition towards themselves where if God had blessed me in the enterprise I had recovered his Majesties favour and good opinion Other cause than this or other suspition they never had any Our late worthy Prince of Wales was extream curious in searching out the Nature of my offences The Queens Majestie hath informed her self from the beginning The King of Denmark at both times of his being here was throughly satisfied of my innocencie they would otherwise never have moved his Majestie on my behalf The Wife the Brother and the Son of a King do not use to sue for men suspect but Sir since they all have done it out of their charitie and but with references to me alone Your Honour whose respect hath onely relation to his Majesties service strengthened by the example of those Princes may with the more hardnesse do the like being Princes to whom his Majesties good estate is not lesse dear and all men that shall oppugne it no lesse hatefull then to the King himself It is true Sir That his Majestie hath sometimes answered That his Councel knew me better than he did meaning some two or three of them And it was indeed my infelicitie for had his Majestie known me I had never been here where I now am or had I known his Majestie they had never been so long there where they now are His Majestie not knowing of me hath been my ruine and his Majestie misknowing of them hath been the ruine of a goodly part of his estate but they are all of them now some living and some dying come to his Majesties knowledge But Sir how little soever his Majestie knew me and how much soever he believed them yet have I been bound to his Majestie both for my Life and all that remains of which but for his Majestie nor Life nor ought else had remained In this respect Sir I am bound to yield up the same life and all I have for his Majesties service to die for the King and not by the King is all the ambition I have in the world Walter Raleigh Sir Raleigh's Letter to his Wife from Guiana Sweet Heart I Can yet write unto you but with a weak hand for I have suffered the most violent Calenture for fifteen days that ever man did and lived but God that gave me a strong heart in all my adversities hath also now strengthened it in the hell fire of heat We have had two most grievous sicknesses in our Ship of which fourtie two have died and there are yet many sick but having recovered the land of Guiana this 12 of November I hope we shall recover them We are yet two hundred men and the rest of our Fleet are reasonable strong strong enough I
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
contrarie 2. Magistrates and Officers which are to be executioners of that which consulted and found to be expedient for the Common-wealth wherein are to be observed the kinds of Magistrate than they be such as fit that kind of Government The time of their continuance and the manner of their election or appointing by whom out tâ— whom and in what manner they be chosen 3. Judges To determine in Civil and Criminal matters where are to be observed out of whom they are to be chosen what kinds are necessary and the manner of Judgement and Judicial proceeding In Magistrates are to be observed 1. Kinds of Magistrates 1. Civil 1. Superiour which are to be such of that kind as agree with the State as Consuls for a year and not perpetual Dictatours in a Senatorie State Praetors Censors that over-see manners orders of the people For a Kingdom Lieutenant of Shires Marshals Masters of Horse Admirals c. Inferiour as conservatours of Peace Constables c. Overseers of youth that take care for their education for civil and warlike exercise Clarks of the Market that provide for the quantity and price of victual Edâ—â—es for Buildings Streets Bounds Questours or Treasurers to keep and dispence the publick Treasury Aâ—uâ—â—ies or Recorders which keep the publick Record Goalers to keep prison and Prisoners Surveyours of woods and fields c. 1. As Bishops or Pastours Elders Wardens 2. Time of Magistrates whereof some are perpetual some for a time viz. for more years a year half a year according to the necessity of the Common-wealth and not perpetual or at least not Heredetary in a Kingdom Yearly in an Aristocracie or half yearly in a Free-State 3. Manner of choice by whom and how to be chosen where especially they are to be chosen by suffrage and not by Lot 2. Eclesiastical Causes preserving a State or Common-wealth In preserving of States a things required 1 Mysteries or Sophisms 1. General to all States 2. Particular for every several State 2. Rules or Actions 1. General for all States 2. Particular for every State Mysteries or Sophisms MYsteries or Sophisms of State are certain secret practices either for the avoiding of danger or averting such effects as tend to the preservation of the prefent State as it is set or founded State Mysteries are of two sorts 1. Generall That pertain to all States as first to provide by all means that the same degree or part of the Common-wealth do not exceed both in Quantity and Quality In Quantity as that the number of the Nobility or of great persons be not more than the State or Common-wealth can bear In Quality as that none grow in wealth Liberty Honours c. more than it is meet for that degree For as in weights the heavier weights bear down he Scale So in Common-wealths that part of degree that excelleth the rest in Quality and Quantity overswayeth the rest after it whereof follow alterations and conversions of â—tate Secondly to provide by all means that the middle sort of people exceed both the extreams viz. of Nobility and Gentry and the base rascal and beggarly sort For this maketh the State constant and firm when both the Extreams are tied together by a middle sort as it were with a band as for any conspiracie of the rich and beggarly sort together it is not to be feared To these two points the Particular rules in Sophisms of every Common-wealth are to be applied 2. Particular That serve for preservation of every Common wealth in that form of State wherein it is setled as in a Kingdom That the Nobility may be accustomed to bear the Government of the Prince especially such as have their dwelling in remote places from the Princes eye it is expedient to call them up at certain times to the Princes Court under presence of doing them honour or being desirous to see and enjoy their presence and to have their children especially their eldest to be attendant upon the Prince as of special favour towards them and theirs that so they may be trained up in duty and obedience towards the Prince and be as Hostages for the good hehaviour and faithfull dealing of their Parents especially if they be of any suspected note To that end serves the Persian practice in having a Band or Train of the Satrapa's children and other Nobles to attend the Court which was well imitated by our Train of Heâ—â—â—â—â—r if they were of the Nobler sort Again sometimes to borrow small sums of his Subjects and to pay them again that he may after borrow greater sums and never pay So in an Oligarchie least it decline to a Popular State they deceive the people with this and the like Sophisms viz. They compel their own sort to wit the rich men by great penalties to frequent their Assemblie for choosing of Magistrates for provision of Armour warlike Exercises making an Execution of Laws By that means seemin to bear a hard hand over the richer but to suffer the poorer and meaner sort to be absent and to neglect those Assemblies under pretence that they will not draw them from their business and private earnings Yet withall to cite thither some few of them viz. so many as are casily over-matched by the richer sort to make a shew that they would have the people or poorer sort partakers likewise of those matters yet terrifying those that come to their Assemblies with the tendiousnesse of consultations greatnesse of Fines if they should mis-do to the end to make them unwilling to come again or to have to do with those Consultations by which means the richer sort do still govern the State with the peoples liking and good contentment Aixoms Axioms or Rules of preserving the State are 1. General that serve for all Common-wealths 2. Particular that serve for every several State General Rules 1. THe first and principal Rule of Policie to be observed in all States is to profess practise maintain the true worship Religio of Almighty God prescribed unto us in his word which is the chief end of all Government The Axiom That God be obeyed simply without exception though he command that which seemeth unreasonable and absurb to Humane policy as in the Jews Common-wealth That all the men should repair yearly to one place to worship God four times leaving none to defend their coast though being beset with many Enemies Not to sow the seventh year but to suffer the ground to rest untilled without respect or fear of famine c. 2. To avoid the causes of Conversion whereby States are over thrown that are set down in the Title of conversions For that Common wealth as naturall bodies are preserved by avoiding that which hurteth the health and State thereof and are so cured by contrary medicines 3. To take heed that no Magistrate be created or continued contrarie to the Laws and policie of that State As that in a Seâ—atâ— there be not created a perpetual Dictaetor
of his wisdom and equity whereby great reverence and estimation is gotten as in the example of Solâ—man which may seem the reason why our Kings of England had their Kings Bench in Place of publick justice after the manner of the ancient Kings that sate in the Gate where for better performing of this Princely duty some speciall causes may be selected which may throughly be debated and considered upon by the Prince in Private with the help and advice oâ— his learned Councell and so be decided publickly as before is said by the Prince himself At least the Prince is to take accompt of every Minister of publick Justice that it may be known that he hath a care of justice and doing right to his people which makes the Iusticers also to be more carefull in performing of their duties 17. To be moderate in his Taxes and in positions and when need doth require to use the Subjects purse to do it by Parliament and with their consents making the cause apparent unto them and shewing his unwillingnesse in charging them Finally so to use it that it may seem rather an offer from his Subjects than an exaction by him 18. To stop small beginnings unto this end to compound the dissentions that rise amongst the Nobles with caution that such as are free be not drawn into parts whereby many times the Prince is endangered and the whose Common-wealth set in a combustion as in the example of the Barons War and the late Wars of France which grew from a quarrel betwixt the â—â—â—â—oâ— Faction and the other Nobility 19. To stir up the people if they grow secure and negligent of Armour and other provision for the Common-wealth by some rumour or fear of danger at home to make more ready when occasion requireth But this seldom to be used least it be supposed a false Alarm when there is need indeed 20 To have speciall care that his children especially the heir apparent have such bringing up as is meet for a King viz. in learning specially of matters pertaining to State and in Martiall exercise contrary to the practise of many Princes who suffer their children to be brought up in pleasure and to spend their time in hunting c. which by reason of their defects afterwards is a cause of mis-government and alteration of State II. Kingdoms new gotten or purchased by force are preserved by these means FIrst if they have been Subjects before to his Ancestours or have the same tongue manners or fashions as have his own Countrey it is an easie matter to retain such Countries within their obedience in case the Princes bloud of the said Countrey be wholly extinct For men of the same quality tongue and condition do easily sâ—ole and combine themselves together so much the rather if the people of that Countrey have served before and were not accustomed to their own Liberty wherein especially is to be observed that the Laws and customs of that purchased Countrey be not altered nor innovated or at least it be done by little and little So the Bâ—rgundians and oquitans were annexed to France The reason because partlty they have been accustomed to serve and partly for that they will not easily agree about any other to be their Prince if the Bloud Royall be casâ— extinguished As for the invasion of a forreign Countrey where into the Prince hath no right or whereof the right heir is living It is not the part of a just Civil Prince much less a Christian Prince to enforce such a countrey and therefore the Machiavillian practises in this case to make sure work by extiguishing wholly the Bloud Royall is lewd and impertinent The like is to be said of murthering the Natives or the greatest part of them to the end he may hold the rest in sure possession A thing not onely against Christian Religion but it is inhumane injustice cruel and barbarous 2. The safest way is supposing a right that some good part of the Natives be transplanted into some other place and our Colonies consisting of so many as shall be thought meet be planted there in some part of the Province Castls Forts and Havens seized upon and more provided in fit places as the manner was of the Babylonian Monarch which Transplanted 10. Jews And of the Romans in France Tribes of the Germany Britain other places The reason 1. For that otherwise Forces of Horse and Foot are to be maintained within the Provinceâ— which cannot be done without great charge 2. For that the whole Province is troubled and grieved with removing and supplying the Army with victual carriages c. 3. For that Colonies are more sure and faithfull than the rest As for the Natives that are removed from their former seats they have no means to hurt and the rest of the Natives being free from the inconvenience and fearing that themselves may be so served if they attempt any thing rashly are content to be quiet The Turks practise in Asia where the chief grounds and dwellings are possessed by the Souldiers whom they call Timariâ—tae That the Prince have his seat and his residence in his new purchase especially for a time till things be well setled especially if the Province be great and large as the Turks in Greece The reasons 1. Because the presence of the Prince availeth much to keep things in order and get the good will of his new Subjects 2. They conceive that they have refuge by the Princes presence if they be oppressed by the Lieutenants and inferiour Governours Where it will be convenient for the winning the peoples hearts that some example be made of punishing of such as have committed any violence or oppression 3. Because being present he seeth and heareth what is thought attempted and so may quickly give remedy to it which being absent he cannot do or not do in time 4. If the Prince himself cannot be present to reside then to take heed that the charge of Governing or new purchases be committed to such as be sure men and of other meet quality that depend wholly upon the Princes savour and not to Natives or other of their own Subjects that are gracious for their Nobility or Virtue especially if the Province be great and somewhat far distant which may soon seduce the unsetled affections of those new subjects As for such Governours as depend wholly upon the Princes savour being not born but created Noble they will not so easily suffer themselves to be won from their duty and in case they would revolt yet they are not able to make any great strength for that the people obey them but as instruments and ministers to keep them in Subjection and not for any ill will 5. To have the children of the chief Noble men and of greatest Authority Hostages with them in safe keeping the more the bettter For that no bond is stronger than that of nature to contain the Parents and Allies in obedience and they the rest 6 To
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
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