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

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good Lord that a subsidy was then denied the reasons are delivered in Enlish histories indeed the King not long before had spent much treasure in ayding the Duke of Britaine to no purpose for hee drew ouer the King but to drawe on good conditions for himselfe 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 yeares the Leaguers of France entertayned the Spaniards and the French Protestants and Netherlands Queene Elizabeth not with any purpose to greaten those that ayde them but to purchase to themselues an advantageous peace But what say the histories to this deniall they say with a world of payments there mentioned that the King had drawne the Nobility drie And besides that whereas not long before great summes of mony were giuen and the same appointed to be kept in foure castles and not to be expended but by the aduice of the Peeres it was beleeved that the same treasure was yet vnspent COVNS Good Sir you haue 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 aduice as it were by their licence IVST Surely my Lord the King was well aduised to take the mony vpon any condition they were fooles that propounded the restraint for it doth not appeare that the King tooke any great heed to those ouerseers Kings are bound by their piety and by no other obligation In Queene Maries time when it was thought that shee was with child it was propounded in Parliament that the rule of the Realme should bee giuen to king Philip during the minority 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 bee of age At which motion when all else were silent in the house Lord Dueres who was none of the wisest asked who shall sue the kinges bondes which ended the dispute for what bonde is betweene a king and his vassals then the bond of the kinges faith But my good Lord the king notwithstanding the deniall at that time was with gifts from perticular parsons otherwise supplyed for proceeding of his iourney for that time into France he tooke 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 hee had Escuage graunted him to wit 20 s of euery Knights Fee COVNS What say you then to the 28● yeare of that King in which when the King demaunded reliefe the states would not consent except the same former order had bin taken for the appointing of 4 overseers for the treasure As also that the Lord chief Iustice the Lord Chancellor should be chosē by the states with some Barōs of the exchequor other officers IVS My good Lord admit the King had yeelded their demaunds then whatsoever had beene ordained by those magistrates to the dislike of the Common wealth the people had beene without remedie whereas while the King made them they had their appeale and other remedies But those demaunds vanished and in the end the King had escuage giuen him without any of their conditions It is an excellent vertue in a King to haue patience and to giue way to the fury of mens passions The whale when he is stroken by the fisherman growes into that fury that he cannot be resisted but will overthrowe all the ships and barkes that come in to his way but when he hath tumbled a while hee is drawne to the shore with a twind thred COVNS What say you then to the Parliament in the 29 th of that King IVST I say that the commons being vnable to pay the king relieues himselfe vpon the richer sort and soe it likewise happened in the 33 of that king in which hee was relieued chiefely by the Citty of London But my good Lord in the Parliament in London in the 38 yeare he had giuen him the tenth of all the revenues of the Church for three yeares and 3 markes of every knights Fee throughout the kingdome vpō his promise oath vpon the obscruing of magna Charta but in the end of the same yeare the king being thē in France he was denyed the aydes which he required What is this to the danger of a Parliament especially at this time they had reason to refuse they had giuen so great a some in the beginning of the same yeare And again because it was known that the King had but pretended warre with the king of Castile with whome he had secretly contracted an alliance and concluded a marriage betwixt his sonne Edward and the Lady Elenor. These false fires doe but freight Children and it commonly falles out that when the cause giuen is knowne to be false the necessity pretended is thought to be fained Royall dealing hath euermore Royall successe and as the King was denied in the eight thirtyeth yeare so was he denyed in the nine thirtieth yeare because the Nobility and the people saw that the King was abused by the Pope it plainly who aswell in despite to Manfred bastard son to the Emperour Fredericke the second as to cozen the King and to wast him would needes bestowe on the King the kingdome of Sicilie to recouer which the King sent all the treasure he could borrow or scrape to the Pope and withall gaue him letters of credence for to take vp what he could in Italy the King binding himselfe for the payment Now my good Lord the wisdome of Princes is seen in nothing more then in their enterprises So how vnpleasing it was to the State of England to consume the treasure of the land in the conquest of Sicily so farre of and otherwise for that the English had lost Normandy vnder their noses and so many goodly parts of France of their owne proper inheritances the reason of the deniall is as well to be considered as the denyall CONS Was not the King also denyed a subsidie in the fourty first of his raigne IVST No my Lord for although the King required mony as before for the impossible conquest of Sicily yet the house offered to giue 52000 markes which whether hee refused or accepted is vncertaine whilst the King dreamed of Sicily the Welsh inuaded spoyled the borders of England for in the Parliament of London when the King vrged the house for the prosecuting the cōquest of Sicily the Lords vtterly disliking the attempt vrged the prosecuting of the Welshmen which Parlament being proroged did again assemble at Oxford was called the madde Parlamēt which was no other thē an assembly of rebels for the Royall assent of the K. which giues life to all lawes form'd by the three estates was not a Royal assent when both
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
again the reuenue kept vp vpō that which is superfluous Is it a losse to the K. to be beloued of the Commons if it be revenue which the K. seekes is it not better to take it of those that laugh than of those that crie Yea if all bee content to pay vpon a moderation and chaunge of the Species Is it more honourable and more safe for the King that the Subject pay by perswasion then to haue them constrayned If they be contented to whip themselues for the King were it not better to giue them their rod into their owne hands than to commit them to the executioner Certainly it is farre more happy for a Soveraigne Prince that a Subject open his purse willingly than that the same bee opened by violence Besides that when impositions are laid by Parliament they are gathered by the authority of the lawe which as aforesaid rejecteth all complaints and stoppeth every mutinous mouth It shall ever be my praier that the King embrace the Councell of honour and safety let other Princes embrace that of force COVNS But good Sir it is his Prerogatiue which the K. stands vpon and it is the Prerogatiue of the kings that the Parliaments doe all diminish IVST If your Lordship would pardon mee I would say then that your Lordships objection against Parliaments is ridiculous In former Parliaments three thinges haue beene supposed dishonour of the King The first that the Subjects haue conditioned with the King when the King hath needed them to haue the great Charter confirmed the second that the Estates haue made Treasurers for the necessary and profitable disbursing of those summes by them given to the end that the kinges to whom they were giuen should expend them for their owne defence for the defence of the common-wealth The third that these haue prest the King to discharge some great Officers of the Crowne and to elect others As touching the first my Lord I would faine learne what disadvantage the Kings of this Land haue had by confirming the great Charter the breach of which haue served onely men of your Lordships ranke to assist their owne passions and to punish and imprison at their owne discretion the Kings poore Subjects Concerning their private hatred with the colour of the Kings service for the Kings Majestie takes no mans inheritance as I haue said before nor any mans life but by the Law of the land according to the Charter Neither doth his Majestie imprison any man matter of practice which concernes the preservation of his estate excepted but by the law of the land And yet hee vseth his prerogatiue as all the Kings of England haue ever vsed it for the supreame reason cause to practise many thinges without the aduice of the law As in insurrections and rebellions it vseth the marshall and not the common law without any breach of the Charter the intent of the Charter cōsidered truely Neither hath any Subject made complaint or beene grieued in that the Kings of this land for their own safties and preservation of their estates haue vsed their Prerogatiues the great Ensigne on which there is written soli Deo And my good Lord was not Buckingham in England and Byron in France condemned their Peeres vncall'd And withall was not Byron vtterly contrary to the customes priviledges of the French denyed an advocate to assist his defence for where lawes forecast cannot prouide remedies for future daungers Princes are forced to assist themselues by their prerogatiues But that which hath beene ever grievous and the cause of many troubles very dangerous is that your Lordships abusing the reasons of state doe punish and imprison the Kings Subiects at your pleasure It is you my Lords that when Subjects haue sometimes neede of the Kings prerogatiue doe then vse the strength of the law and when they require the lawe you afflict them with the prerogatiue and tread the great Charter which hath beene confirmed by 16. actes of Parliament vnder your feete as a torne parchment or wast paper COVNS Good Sir which of vs doe in this sort breake the great Charter perchance you meane that we haue aduised the King to lay the new impositions IVST No my Lord there is nothing in the great Charter against impositions and besides that necessity doth perswade them And if necessity doe in somewhat excuse a private man a fortiori it may then excuse a Prince Againe the Kinges Majestie hath profit and increase of revenue by the impositions But there are of your Lordships contrary to the direct letter of the Charter that imprison the Kinges Subjects and deny them the benefit of the law to the Kings disprofit And what do you otherwise thereby if the impositions be in any sort grievous but Renovare dolores and withall digge out of the dust the long-buried memory of the Subjects former intentions with their Kings COVNS What meane you by that IVST I will tell your Lordshippe when I dare in the meane time it is enough for mee to put your Lordship in minde that all the estates in the world in the offence of the people haue either had profit or necessity to perswade them to adventure it of which if neither bee vrgent and yet the Subject exceedingly grieved your Lordship may conjecture that the House will bee humble suitors for a redresse And if it bee a Maxime in policie to please the people in all thinges indifferent and neuer suffer them to bee beaten but for the Kinges benefit for there are no blowes forgotten with the smart but those then I say to make them vassals to vassals is but to batter downe those mastering buildings erected by King Henry the seaventh and fortified by his Sonne by which the people and Gentlemen of England were brought to depend vpon the King alone Yea my good Lord our late deare Soveraigne kept them vp and to their advantage as well repaired as ever Prince did Defend mee and spend me saith the Irish churle COVNS Then you thinke that this violent breach of the Charter will be the cause of seeking the confirmation of it in the next Parliament which otherwise could neuer haue bin moued IVST I knowe not my good Lord perchance not for if the House presse the King to graunt vnto them all that is theirs by the lawe they cannot in justice refuse the King all that is his by the lawe And where will bee the issue of such a contention I dare not divine but sure I am that it will tend to the preiudice both of the K and subiect COVN If they dispute not their owne liberties why should they then dispute the Kings liberties which wee call his prerogatiue IVST Among so many so diverse spirits no man can foretell what may be propounded but howsoeuer if the matter be not slightly handled on the Kings behalfe these disputes will soone dissolue for the King hath so little neede of his prerogatiue and so great advantage by the lawes as
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
his Maiesty might then in a litle rowle behold his receipts and expences hee might quiet his heart when all necessaries were provided for and then dispose the rest at his pleasure And my good Lord how excellently and easily might this haue bin done if the 400000● had beene raised as aforesaid vpon the Kings lands and wards I say that his Maiesties house his navy his guards his pensioners his munition his Ambassadors and all else of ordinary charge might haue beene defrayed and a great summe left for his Maiesties casuall expences and rewards I will not say they were not in loue with the Kings estate but I say they were vnfortunately borne for the King that crost it COVNS Well Sir I would it had beene otherwise But for the assignments there are among vs that will not willingly indure it Charity begins with itselfe shall wee hinder our selues of 50000● per annum to saue the King 20 No Sir what will become of our New-yeares gifts our presents and gratuities We can now say to those that haue warrants for money that there is not a penny in the Exchequer but the king giues it away vnto the Scots faster then it comes in IVST My Lord you say well at least you say the trueth that such are some of our answeres and hence comes that generall murmure to all men that haue money to receiue I say that there is not a penny giuen to that nation be it for seruice or otherwise but it is spread over all the kingdome yea they gather notes and take copies of all the priuy seales and warrants that his Maiesty hath given for the money for the Scots that they may shew them in Parliament But of his Maiesties gifts to the English there is no bruite though they may be tenne times as much as the Scots And yet my good Lord howsoeuer they be thus answered that to them sue for money out of the Exchequer it is due to them for 10 or 12 or 20 in the hundred abated according to their qualities that sue they are alwaies furnished For conclusion if it would please God to put into the Kings heart to make their assignations it would saue him many a pound and gaine him many a prayer and a great deale of loue for it grieueth every honest mans heart to see the abūdance which euen the petty officers in the Exchequer and others gather both from the king and subiect and to see a world of poore men runne after the King for their ordinary wages COVNS Well well did you never heare this old tale that when there was a great contention about the weather the Seamen complaining of contrary windes when those of the high Countreyes desired raine and those of the valleyes sunshining dayes Iupiter sent them word by Mercury then when they had all done the weather should be as it had bin And it shall euer fall out so with them that complaine the course of payments shall be as they haue beene what care we what petty fellowes say or what care wee for your papers haue not we the Kings eares who dares contest with vs though we cannot be revenged on such as you are for telling the trueth yet vpon some other pretence wee 'le clap you vp and you shall sue to vs ere you get out Nay wee 'le make you confesse that you were deceiued in your proiects and eate your owne words learne this of me Sir that as a little good fortune is better then a great deale of vertue so the least authority hath advantage ouer the greatest wit was he not the wisest man that said the battaile was not to the strongest nor yet bread for the wise nor riches to men of vnderstanding nor fauour to men of knowledge but what time chance came to them all IVST It is well for your Lordship that it is so But Qu Elizabeth would set the reason of a meane man before the authority of the greatest Councellor she had and by her patience therein shee raised vpon the vsuall and ordinary customes of London without any new imposition aboue 50000● a yeare for though the Treasurer Burleigh and the Earle of Leicester and Secretary Walshingham all three pensioners to Customer Smith did set themselues against a poore waiter of the Custome-house called Carwarden and commaunded the groomes of the privy Chamber not to giue him accesse yet the Queene sent for him and gaue him countenance against them all It would not serue the turne my Lord with her when your Lordships would tell her that the disgracing her great officers by hearing the complaints of busie heads was a dishonour to herselfe but shee had alwaies this answere That if any man complaine vniustly against a Magistrate it were reason he should be severely punished if iustly shee was Queene of the small aswell as of the great and would heare their complaints For my good Lord a Prince that suffereth himselfe to be besieged forsaketh one of the greatest regalities belonging to a Monarchie to wit the last appeale or as the French call it le dernier resort COVNS Well Sir this from the matter I pray you go on IVST Then my Lord in the kings 15 th yeare he had a tenth and at fifteene graunted in Parliament of London And that same yeare there was a great Councell called at Stamford to which diuerse men were sent for of diuerse counties besides the Nolility of whom the K. tooke advice whether he should continue the war or make a finall end with the French COVNS What needed the king to take the advice of any but of his owne Councell in matter of peace or warre IVST Yea my Lord for it is said in the Prouerbes where are many counsellers there is health And if the king had made the warre by a generall consent the kingdome in generall were bound to maintaine the warre and they could not then say when the King required ayde that he vndertooke a needlesse warre COVNS You say well but I pray you go on IVST After the subsedy in the 15 yeare the King desired to borrow 10000 l of the Londoners which they refused to lend COVNS And was not the King greatly troubled therewith IVST Yea but the King troubled the Londoners soone after for the king tooke the advantage of a ryot made vpon the Bishop of Salisbury his men sent for the Maior and other the ablest cittizens committed the Maior to prison in the Castle of Windsor and others to other castles and made a Lord VVarden of this citty till in the end what with 10000 l ready money and other rich presents insteed of lending 10000 l it cost them 20000 l. Betweene the fifteenth yeare and twentith yeare hee had two aydes giuen him in the Parliaments of VVinchester and VVestminster and this later was given to furnish the Kings iourney into Ireland to establish that estate which was greatly shaken since the death of the Kings Grandfather who receiued thence yearely 30000 l and during the
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