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
as Caesar in Rome In a Kingdom that there be no Senate or Convention of equall power with the Prince in State matters as in Poland 4. To create such Magistrates as love the State as it is setled and take heed of the contrarie practise as to advance Popular persons in a Kingdom or Aristocracie And secondly to advance such as have skill to discern what doth preserve and what hurreth or altereth the present State 5. To that end to have certain Officers to pay abroad and to observe such as do not live and behave themselves in fit sort agreeable to the present State but desire rather to bee under some other form or kind of Government 6. To take heed that Magistracies be not sold for money nor bribe in their Offices which especially to be observed in that Common wealth which is governed by a few of the richer sort For if the Magistrate gain nothing but his Common Fees the common sort and such as want honour take in good part that they be not preferred and are glad rather that themselves are suffered to intend private business But if the Magistrate buy and sell matters the common people are doubly grieved both because they are debat'd of those preferments and of that gain they see to grow by them which is the cause that the German Oligarchies continue to firm for both they suffer the poorer sort to grow into wealth and the richer sort are by that means freed and secured from being under the poor 7. To take heed that the State as it is setled and maintained be not over-strict nor exceed in his kind viz. That a Kingdom be not too Monarchicall nor a Pâ—â—ulâ— State too Pâ—â—uâ—ar For which cause it is good that the Magistrates sometimes yield of his right touching honour and bahave themselves familiarly with those that are equall unto them in other parts though inferiour for place and office And sometimes popularly with the common people which is the cause that some Common wealths though they be very simply and un kilfully set yet continue firm because the Magistrates behave themselves wisely and with due respect toward the rest that are without honour and therefore some kind of Moderate Popularity is to be used in every Common-wealth 8. To take heed of small beginnings and to meet with them even at the first as well touching the breaking and altering of Laws as of other rules which concern the continuance of every severall State For the desease and a teration of a Common-wealth doth not happen all at once but grows by degrees which every common wit cannot discern but men expert in POLICIE 9. To provide that that part be ever the greater in number and power which favours the State as now it stands This is to be observed as a very Oracle in all Common-wealths 10. To observe a mean in all the degrees and to suffer no part to exceed or decay overmuch As first for preferments to provide that they be rather small and short than great and long and if any be grown to overmuch greatness to withdraw or diminish some part of his honour Where these Sophisms are to be practised viz. to do it by parts and degrees to do it by occasion or colour of law and not all at once And it that way serve not to advance some other of whose virtue and faithfulness we are fully assined to as high a degree or to a greater honour and to be the friends and followers of him that excelleth above that which is meet As touching wealth to provide that those of the middle sort as before was said be more in number and if any grow high and over charged with wealth to use the Sophisms of a Popular State viz to send him on Embassages and Forreign Negotiations or imploy him in some Office that hath great charges and little honour c. To which end the Fâ—â—â—â—ful served in some Common-wealths 11 To Suppress the Factions and quarrels of the Nobles and to keep other that are yet free from joyning with them in their partakings and Factions 12. To increase or remit the Common Taxes and Contributions according to the wealth or want of the People and Commonwealth If the people be increased in Wealth the Taxes and Subsidies may be increased If they be poor and their Wealth diminish specially by dearth want of Traffick c. to forbear Taxes and Impositions or to take little Otherwise grudge and discontentments must needs follow The Sophisms that serve for impositions are these and other of like sort To pretend business of great charge as War building of Ships making of Havens Castles Fortifications c. for the common defence sometimes by Lotteries and like devises wherein some part may be bestowed the rest reserved for other expences but Princely dealings needs no pretences 13. To Provide that the Discipline Training of youth of the better sort to such as agreeth with that Common-wealth As that in a Kingdom the sons of Noble men to be attendant at the Court that they may be accustomed to obedience towards the Prince In the Senatory State that the sons oâ— the Senatours be not idly nor over daintily brought up but well instructed and trained up in Learning Langues and nartiall exercise that they may be able to bear that place in the Common-wealth which their Father held and câ—nt any wise in a Popular State 14. To take heed least their Sophisms or secret practises for the continuance and maintenance of that State be not discovered least by that means they refuse and disappoint themselves but wisely used and be with great secrecie Particular Rules Rules and Axioms for preserving of a Kingdom Hereditary Conquered Kingdoms Hereditary are preserved at home by the ordering 1. HImself viz. By the tempering and moderation of the Princes Answer and Prerogative For the less and more Temperate their Power and State is the more firm and stable is their Kingdom and Government because they seem to be further off from a Master like and Tyrannte all Empire and lesse unequall in condition to the next degree to wit the Nobility and so lesse subject to grudge and envy 2. Nobility c. By keeping that degree and due proportion that neither they exceed in number more than the Realm or State can bear as the Scottish Kingdom and sometime the English when the Realm was overcharged with the number of Dukes Earls and other Noble whereby the Authority of the Prince was eclipsed and the Realm troubled with their Factions and Ambitions Nor that any one excel in Honour power or wealth as that he resemble another King within the Kingdom as the house of Lancaster within this Realm To that end not to load any with too much Honour or preferment because it is hard even for the best and worthiest men to bear their greatnesse and high Fortune temperately as appeareth by infinit examples in all States The Sophisms for preventing or reforming this inconvenience are to be
rather devour themselves then destroy enemies Such an army vvhereof the fourth part vvould have conquered all Ireland vvas in respect of Ireland such an army as Xerxes led into Greece in this tvventieth yeare vvherein he had a tenth of the Clergy vvas the great conspiracy of the Kings unkle the Duke of Glocester and of Moubrey Arundell Nottingham and Warvvick the Archbishop of Canterbury and the Abbbot of Westminster and others vvho in the one and tvventieth yeare of the King vvere all redeemed by Parliament and vvhat thinks your Lordship vvas not this assemble of the 3. states for the kings estate vvherein he so prevailed that he not onely overthrevv those popular Lords but besides the English Chronicle saith the king so vvrought and brought things about that he obtained the power of both houses to be granted to certain persons to 15. Noblemen and Gentlemen or to seven of them COUNS. Sir whether the King wrought well or il I cannot judge but our Chronicles say that many things were done in this Parliament to the displeasure of no small number of people to wit for that diverse rightfull heires were disinherited of their lands and livings with which wrongfull doings the people were much offended so that the King with those that were about him and chief in Counsell came into great infamy slander IUST My good Lord if your Lordship will pardon mee I am of opinion that those Parliaments wherein the Kings of this land have satisfied the people as they have been ever prosperous so where the King hath restrained the house the contrary hath happened for the Kings atchievments in this Parliament were the ready preparations to his ruine COV You mean by the generall discontentment that followed and because the King did not proceed legally with Glocester and others Why Sir this was not the first time that the Kings of England have done things without the Counsell of the land yea contrary to the law IUST It is true my Lord in some particulars as even at this time the Duke of Glocester was made away at Callâ—ce by strong hand without any lawfull triall for he was a man so beloved of the people and so allied having the Dukes of Lancaster and York his brethren the Duke of Aumarle and the Duke of Hereford his Nephewes the great Earles of Arundell and Warwicke with diverse other of his part in the conspiracy as the King durst not trie him according to the law for at the triall of Arundell and Warwicke the King was forced to entertaine a petty army about him And though the Duke was greatly lamented yet it cannot be denyed but that he was then a traytor to the King And was it not so my Lord with the Duke of Guise your Lordship doth remember the spur-gald proverb that necessitie hath no law and my good Lord it is the practice of doing wrong and of generall wrongs done that brings danger and not where Kings are prest in this or that particular for there is great difference between naturall cruelty and accidentall And therefore it was Machiavels advice that all that a King did in that kind he shall do at once and by his mercies afterwards make the world know that his cruelty was not affected And my Lord take this for a generall rule that the immortall policy of a state cannot admit any law or priviledge whatsoever but in some particular or other the same is necessarily broken yea in an Aristocratia or popular estate which vaunts so much of equality and common right more outrage hath been committed then in any Christian Monarchy COUNS. But whence came this hatred between the Duke and the King his Nephew IUST My Lord the Dukes constraining the King when he was young stuck in the Kings heart and now the Dukes proud speech to the King when he had rendred Brest formerly engaged to the Duke Brittain kindled again these coales that were not altogether extinguished for he used these words Your grace ought to put your body in great pain to winne a strong hold or town by feats of armes ere you take upon you to sell or deliver any town gotten by the manhood and strong hand and policy of your noble progenitors Whereat saith the story the King changed his countenance c. and to say truth it was a proud and maisterly speech of the Duke besides that inclusively he taxed him of sloath and cowardise as if he had never put himself to the adventure of winning such a place undutifull words of a subject do often take deeper root then the memory of ill deeds do The Duke of Biron found it when the King had him at advantage Yea the late Earle of Essex told Queen Elizabeth that her conditions was as crooked as her carkasse but it cost him his head which his insurrection had not cost him but for that speech who will say unto a King saith Iob thou art wicked Certainly it is the same thing to say unto a Lady thou art crooked and perchance more as to say unto a King that he is wicked and to say that he is a coward or to use any other words of disgrace it is one and the same errour COUNS. But what say you for Arundell a brave and valiant man who had the Kings pardon of his contempt during his minority IUST My good Lord the Parliament which you say disputes the Kings prerogative did quite contrary and destroyed the Kings charter and pardon formerly given to Arundell And my good Lord do you remember that at the Parliament that wrought wonders when these Lords compounded that Parliament as the King did this they were so mercilesse towards all that they thought their enemies as the Earle of Arundell most insolently suffered the Qu to kneel unto him three houres for the saving of one of her servants and that scorne of his manebat alto mente repostum And to say the truth it is more barbarous unpardonable then any act that ever he did to permit the wife of his Soveraign to kneel to him being the Kings vassell For if he had saved the Lords servant freely at her first request as it is like enough that the Qu would also have saved him Miseris succurrens paria obtenibis aliquando For your Lordship sees that the Earle of Warwicke who was as farre in the treason as any of the rest was pardoned It was also at this Parliament that the Duke of Hereford accused Moubray Duke of Norfolke and that the Duke of Hereford Sonne to the Duke of Lancaster was banished to the Kings confusion as your Lordship well knows COUNS. I know it well and God knows that the King had then a silly and weak Councell about him that perswaded him to banish a Prince of the bloud a most valiant man and the best beloved of the people in generall of any man living especially considering that the King gave every day more then other offence to his subjects For besides that he fined the