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 Approx. 156 KB of XML-encoded text transcribed from 38 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-11 (EEBO-TCP Phase 1). A10373 STC 20649 ESTC S1667 21354599 ocm 21354599 23938 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A10373) Transcribed from: (Early English Books Online ; image set 23938) Images scanned from microfilm: (Early English books, 1475-1640 ; 1713:4) 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. [8], 65, [1] p. [s.n.], Printed at Hamburgh : 1628. Preface signed: Walter Ralegh. Signatures: A-H⁴, I⁵. Reproduction of original in the Harvard University. Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England and Wales. -- Parliament. 2000-00 TCP Assigned for keying and markup 2001-00 SPi Global Keyed and coded from ProQuest page images 2001-08 TCP Staff (Michigan) Sampled and proofread 2003-07 SPi Global Rekeyed and resubmitted 2003-09 Olivia Bottum Sampled and proofread 2003-09 Olivia Bottum Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion Prerogatiue 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.K t. deceased . Dedicated to the Kings Maiesty , and to the House of Parlament now assembled . Preserued to be now happily ( in these distracted Times ) Published , and Printed at Hamburgh . 1628. To the KING . Most gracious Soueraigne : THose that are supprest and helpelesse are commonly silent , wishing that the common ill in al sort might be with their particular misfortunes : which disposition , as it is vncharitable in all men , so would it be in me more dogge-like then man-like , to bite the stone that strooke me : ( to wit ) the borrowed authoritie of my Soueragne misinformed , seeing their armes and hands that flang it , are most of them already rotten . For I must confesse it euer , that they are debts , and not discontentments , that your Maiesty hath laid vpon me ; the debts and obligation of a friendlesse aduersity , farre more payable in all Kinds , then those of the prosperous : All which , nor the least of them , though I cannot discharge , I may yet endeauour it . And notwithstanding my restraint hath retrenched all wayes , as well the wayes of labour and will , as of all other imployments , yet hath is left with me my cogitations , then which I haue nothing else to offer on the Altar of my Loue. Of those ( most gracious Soueraigne ) I haue vsed some part in the following dispute , betweene a Counsellour of Estate , and a Iustice of Peace , the one disswading , the other perswading the calling of a Parliament . In all which , since the Norman Conquest ( at the least so many as Histories haue gathered ) I haue in some things in the following Dialogue presented your Maiestie with the contentions and successes . Some things there are , and those of the greatest , which because they ought first to be resolued on , I thought fit to range them in the front of the rest , to the end your Maiestie may be pleased to examine your owne great and Princely heart of their acceptance , or refusall . The first is , that supposition , that your Maiesties Subiects giue nothing but with adiunction of their own interests , interlacing in one and the same act your Maiesties reliefe , and their owne liberties ; not that your Maiesties pietie was euer suspected , but because the best Princes are euer the least iealous , your Maiestie iudging others by your selfe , who haue abused your Maiesties trust . The fear'd continuance of the like abuse may perswade the prouision . But this caution , how euer it seemeth at first sight , your Maiesty shall perceiue by many examples following but friuolous . The bonds of Subiects to their Kings should alwayes be wrought out of Iron , the bonds of Kings vnto Subiects but with Cobwebs . This it is ( most renowned Soueraigne ) that this trafficke of assurances hath beene often vrged , of which , if the Conditions had beene easie , our Kings haue as easily kept them ; if hard and preiudiciall , either to their honours or estates , the Creditours haue beene paid their debts with their owne presumption . For all binding of a King by Law vpon the aduantage of his necessitie , makes the breach it selfe lawfull in a King. His Charters and all other instruments being no other then the suruiuing witnesses of vnconstrained will : Princeps non subijcitur nisi sua voluntate libera , mero moto & certa Scientia : Necessary words in all the grants of a King witnessing that the same grants were giuen freely and knowingly . The second resolution will rest in your Maiesty leauing the new impositions , all Monopolies , and other grieuances of the people to the consideration of the House ; Prouided , that your Maiesties reuenue be not abated , which if your Maiesty shall refuse , it is thought that the disputes will last long , and the issues will be doubtfull : And on the contrary , if your Maiesty vouchsafe it , it may perchance be stiled a yeelding , which seemeth by the sound to braue the Regalty . But ( most excellent Prince ) what other is it to th' eares of the wise , but as the sound of a trumpet , hauing blasted forth a false Alarme , becomes but common ayre ? Shall the head yeeld to the feet ? certainly it ought , when they are grieued ; for wisdome will rather regard the commodity , then obiect the disgrace , seeing if the feet lye in fetters , the head cannot be freed , and where the feet feele but their owne paines , the head doth not onely suffer by participation , but withall by consideration of the euill . Certainly , the point of honour well weighed hath nothing in it to euen the ballance , for by your Maiesties fauour , your Maiesty doth not yeeld either to any person , or to any power , but to a dispute onely , in which the Proposition and Minor proue nothing without a conclusion , which no other person or power can make , but a Maiesty : yea , this in Henry the third his time was called a wisedome incomparable . For , the King raised againe , recouers his authority : For , being in that extremity as hee was driuen with the Queene and his Children , Cum Abbatibus & Prioribus saris homilibus hospitia quaerere & prandia : For the rest , may it please your Maiesty to consider that there can nothing befall your Maiesty in matters of affaires more vnfortunately then the summons of a Parliament , with ill successe : A dishonour so perswasiue and aduenturous as it will not onely finde arguments ; but it will take the leading of all enemies that shall offer themselues against your Maiesties estate . Le labourin de la paurete ne saict poinct de breuct : of which dangerous disease in Princes , the remedy doth chiefly consist in the loue of the people , which how it may be had and held , no man knowes better then your Maiesty ; how to loose it , all men know , and know that it is lost by nothing more then by the defence of others in wrong doing . The onely motiues of mischances that euer came to Kings of this Land since the Conquest . It is onely loue ( most renowned Soueraigne ) must prepare the way for your Maiesties following desires . It is loue which obeyes , which suffers , which giues , which stickes at nothing : which Loue , as well of your Maiesties people , as the loue of God to your Maiesty , that it may alwayes hold shall be the continuall prayers of your Maiesties most humble vassall , Walter Ralegh . A DIALOGVE BETWEENE A COVNSELLOVR OF STATE , AND A IVSTICE OF PEACE . COVNSELLOVR . NOW Sir , what thinke you of M S ▪ Iohns tryall in Star-Chamber ? I know that the bruite ranne that he was hardly dealt withall , because he was imprisoned in the Towre , seeing his disswasion from granting a Benevolence to the King was warranted by the Law. IVSTICE . Surely Sir it was made manifest at the hearing , that M.S. Iohn was rather in loue with his owne letter ; he confessed hee had seene your Lordships letter before hee wrote his to the Maior of Marleborough , and in your Lordships letter there was not a word whereto the Statutes by M t S t Iohn alleadged , had reference ; for those Statutes did condemne the gathering of money from the Subject , vnder title of a free gift ▪ whereas a fift , a sixt , a tenth , &c. was set downe and required . But my good Lord , though diuers Shires haue giuen to his Maiestie , some more , some lesse , what is this to the Kings debt ? COVNS . We know it well enough , but we haue many other projects . IVST . It is true my good Lord : but your Lordship will find , that when by these you haue drawn many petty summs frō the subjects , & those sometimes spent as fast as they are gathered , his Maiesty being nothing enabled thereby , when you shal be forced to demand your great aide , the countrey will excuse it selfe in regard of their former payments . COVNS . What meane you by the great aide ? IVST . I meane the aide of Parliament . COVNS . By Parliament , I would faine know the man that durst perswade the King vnto it , for if it should succeed ill , in what case were he ? IVST . You say well for your selfe my Lord : and perchance you that are louers of your selues ( vnder pardon ) do follow the advice of the late Duke of Alva , who was euer opposite to all resolutions in businesse of importance ; for if the things enterprized succeeded wel , the advice neuer came in question : If ill , ( whereto great vndertakings are commōly subiect ) he then made his advantage by remembring his countrey councell : But my good Lord , these reserued Polititians are not the best seruants , for hee that is bound to adventure his life for his Master , is also bound to adventure his advice , Keep not backe councell ( saith Ecclesiasticus ) when it may doe good . COVNS . But Sir , I speake it not in other respect then I think it dangerous for the King to assemble the three estates , for thereby haue our former kings alwaies lost somwhat of their prerogatiues . And because that you shall not thinke that I speake it at randome , I will begin with elder times , wherein the first contention began betwixt the Kings of this land , and their subiects in Parliament . IVST . Your Lordship shall doe me a singular fauour . COVNS . You know that the Kings of England had no formal Parliament till about the 18 th yeare of Henry the first , for in his 17 yeare , for the marriage of his daughter , the King raised a tax vpon euery hide of land by the advice of his privy councell alone . But you may remember how the subiects soone after the establishment of this Parliament , beganne to stand vpon termes with the King , and drew from him by strong hand and the sword the great Charter . IVST . Your Lordship sayes well , they drew from the King the great Charter by the sword , and hereof the Parliament cannot be accused , but the Lords . COVNS . You say well , but it was after the establishment of the Parliament , & by colour of it , that they had so great daring , for before that time they could not endure to heare of S Edwards lawes , but resisted the confirmation in all they could , although by those lawes the Subjects of this Iland were no lesse free then any of all Europe . IVST . My good Lord , the reason is manifest ; for while the Normans & other of the French that followed the Conquerour , made spoyle of the English , they would not endure that any thing but the will of the Conquerour should stand for Law : but after a discent or two when themselues were become English , & found themselues beaten with their own rods , they then began to sauour the difference betweene subjection & slauery , & insist vpon the law , Meum & Tuum : & to be able to say vnto themselues , hoc fac & vives : yea that the conquering English in Ireland did the like , your Lordship knowes it better than I. COVNS . I thinke you guesse aright : And to the end the subiect may know that being a faithfull seruant to his Prince he might enioy his own life , and paying to his Prince what belongs to a Soueraigne , the remainder was his own to dispose . Henry the first to content his Vassals , gaue them the great Charter , and the Charter of Forrests . IVST . What reasō then had K. Iohn to deny the cōfirmatiō ? COVNS . He did not , but he on the cōtrary confirmed both the Charters with additions , & required the Pope whom he had thē made his superior to strengthē him with a goldē bul . IVST . But your honour knowes , that it was not long after , that he repented himselfe . COVNS . It is true , & he had reason so to do , for the Barons refused to follow him into France , as they ought to haue done , and to say true , this great Charter vpon which you insist so much , was not originally granted Regally and freely : for Henry the first did vsurpe the kingdome , and therefore the better to assure himselfe against Robert his eldest brother , hee flattered his Nobility and people with those Charters . Yea King Iohn that confirmed them had the like respect : for Arthur Duke of Britaine , was the vndoubted heire of the crowne , vpon whom Iohn vsurped . And so to conclude , these Charters had their originall from Kings de facto but not de iure . IVST . But King Iohn confirmed the Charter after the death of his Nephew Arthur , when he was then Rex de iure also . COVNS . It is true , for he durst doe no other , standing accursed , whereby few or none obeyed him , for his Nobility refused to follow him into Scotland : and he had so grieued the people by pulling downe all the Parke pales before harvest , to the end his deere might spoyle the Corne ; And by seizing the temporalities of so many Bishoprickes into his hands , and chiefly for practizing the death of the Duke of Brittaine his Nephew , as also hauing lost Normandy to the French , so as the hearts of all men were turned from him . IVST . Nay by your fauour my Lord. King Iohn restored K. Edwards Lawes after his absolution , and wrote his letters in the 15 ● of his reigne to all Sheriffes countermaunding all former oppressions , yea this he did notwithstanding the Lords refused to follow him into France . COVNS . Pardon me , he did not restore King Edwards Lawes then , nor yet confirmed the Charters , but he promised vpon his absolution to doe both : but after his returne out of France , in his 16 th yeare he denyed it , because without such a promise he had not obtained restitution , his promise being constrained , and not voluntary . IVST . But what thinke you ? was hee not bound in honour to performe it ? COVNS . Certainely no , for it was determined the case of King Francis the first of France , that all promises by him made , whilst he was in the hands of Charles the fifth his enemie , were voide , by reason the Iudge of honour , which tells vs he durst doe no other . IVST . But King Iohn was not in prison . COVNS . Yet for all that , restraint is imprisonment , yea , feare it selfe is imprisonment , and the King was subject to both : I know there is nothing more kingly in a King than the performance of his word ; but yet of a word freely and voluntarily giuen . Neither was the Charter of Henry the first so published , that all men might plead it for their advantage : but a Charter was left ( in deposito ) in the hands of the Archbishop of Canterbury for the time , and so to his successours . Stephen Langthon , who was euer a Traytor to the King , produced this Charter , and shewed it to the Barons , thereby encouraging them to make warre against the King. Neither was it the old Charter simplie the Barons sought to haue cōfirmed , but they presented vnto the King other articles and orders , tending to the alteration of the whole common-wealth , which when the King refused to signe , the Barons presently put themselues into the field , and in rebellious and outragious fashion sent the King word except he confirmed them , they would not desist from making warre against him till he had satisfied them therein . And in conclusion , the king being betrayed of all his Nobility , in effect was forced to graunt the Charter of Magna Charta , and Charta de Forestis , at such time as he was invironed with an Army in the meadowes of Staynes , which Charters being procured by force , Pope Innocent afterward disavowed , & threatned to curse the Barons if they submitted not themselues as they ought to their Soueraigne Lord , which when the Lords refused to obey , the King entertained an army of strangers for his own defence , wherewith hauing mastered & beaten the Barons , they called in Lewes of France ( a most vnnaturall resolution ) to be their King. Neither was Magna charta a law in the 19 th of Henry the 2● , but simply a Charter which hee confirmed in the 21 ● of his reigne , & made it a law in the 25 th , according to Littletons opinion . Thus much for the beginning of the great Charter , which had first an obscure birth from vsurpation , and was secondly fostered & shewed to the world by rebellion . IVST . I cannot deny but that all your Lordship hath said is true ; but seeing the Charters were afterwards so many times confirmed by Parliament & made lawes , & that there is nothing in them vnequall or prejudicial to the King : doth not your Honour thinke it reason they should be obserued ? COVNS . Yes , & obserued they are in all that the state of a King can permit , for no man is destroyed but by the lawes of the land , no man disseized of his inheritance but by the lawes of the land , imprisoned they are by the prerogatiue wherē the King hath cause to suspect their loyaltie : for were it otherwise , the King should neuer come to the knowledge of any conspiracy or treason against his Person or state , and being imprisoned , yet doth not any man suffer death but by the law of the land . IVST . But may it please your Lordship , were not Cornewallis , Sharpe , & Hoskins , imprisoned , being no suspition of treason there ? COVNS . They were , but it cost them nothing . IVST . And what got the King by it ? for in the conclusion ( besides the murmure of the people ) Cornewallis , Sharpe , & Hoskins hauing greatly ouershot themselues , and repented them , a fine of 5 or 600 l was laid on his Maiesty for their offences , for so much their diet cost his Maiestie . COVNS . I know who gaue the advice , sure I am that it was none of mine : But thus I say , if you consult your memory , you shall finde that those kings which did in their own times confirme the Magna Charta , did not onely imprison , but they caused of their Nobility and others to bee slaine without hearing or tryall . IVST . My good Lord , if you will giue me leaue to speak freely , I say , that they are not well advised that perswade the King not to admit the Magna Charta with the former reseruations . For as the King can neuer loose a farthing by it , as I shall proue anon : So except England were as Naples is , and kept by Garrisons of another Nation , it is impossible for a King of England to greaten and inrich himselfe by any way so assuredly , as by the loue of his people : For by one rebellion the King hath more losse then by a hundred yeares observance of Magna Charta . For therein haue our Kings beene forced to compound with Roagues and Rebels , and to pardon them , yea the state of the King , the Monarchie , the Nobility haue beene endangered by them . COVNS . Well Sir , let that passe , why should not our kings raise mony as the kings of France doe by their letters and Edicts only ? for since the time of Lewes the 11 th , of whom it is said , that hee freed the French Kings of their wardship , the French Kings haue seldome assembled the States for any contribution . IVST . I will tell you why ; the strength of England doth consist of the people and Yeomanry , the Pesants of France haue no courage nor armes : In France euery Village and Burrough hath a castle , which the French call Chastean Villain , euery good citty hath a good Cittadell , the king hath the Regiments of his guards and his men at armes alwayes in pay ; yea the Nobility of France in whom the strength of France consists , doe alwaies assist their King in those leavies , because them selues being free , they make the same leavies vpon their tennants . But my Lord , if you marke it , France was neuer free in effect from ciuill warres , and lately it was endangered either to be conquered by the Spaniard , or to be cantonized by the rebellious French themselues , since that freedome of Wardship . But my good Lord , to leaue this digression , that wherein I would willingly satisfie your Lordship , is , that the kings of England haue neuer receiued losse by Parliament , or preiudice . COVNS . No Sir , you shall find that the subiects in Parliament haue decreed great things to the disadvantage and dishonour of our kings in former times . IVST . My good Lord , to avoide confusion , I will make a short repetition of them all , and then your Lordship may obiect where you see cause ; And I doubt not but to giue your Lordship satisfaction . In the sixt yeare of Henry the 3 rd there was no dispute , the house gaue the King two shillings of euery plough land within England , and in the end of the same yeare he had escuage paid him ( to wit ) for euery knights fee two markes in siluer . In the fifth yeare of that King , the Lords demaunded the confirmation of the Great Charter which the kings Councell for that time present excused , alleadging that those priviledges , were extorted by force during the Kings Minoritie , and yet the King was pleased to send forth his writ to the Sheriffes of euery county , requiring them to certifie what those liberties vvere , and hovv vsed , & in exchange of the Lords demaund , because they pressed him so violently , the king required all the castles & places which the Lords held of his , & had held in the time of his Father , vvith those Manors & Lordships vvhich they had heeretofore vvrested from the Crovvne , vvhich at that time ( the King being provided of forces ) they durst not deny . In the 14 th yeare he had the 15 th peny of all goods giuen him vpon condition to confirme the great Charter : For by reason of the vvars in France , & the losse of Rochell , hee vvas then enforced to cōsent to the Lords in all they demanded . In the 10●● of his reigne hee fined the citty of London at 50000 markes , because they had receiued Lewes of France . In the 11 th yeare in the Parliament at Oxford , he revoked the great charter being granted vvhen he vvas vnder age , & gouerned by the Earle of Pembroke , & the Bishop of Winchester . In this 11 th yeare the Earles of Cornevvall & Chester , Marshall , Edward Earle of Pembroke , Gilbert Earle of Gloucester , Warren , Hereford , Ferrars , & Warwicke , & others rebelled against the King , & constrained him to yeeld vnto them in vvhat they demaunded for their particular interest , vvhich rebellion being appeased , he sayled into France , & in his 15 th yeare he had a 15 th of the temporality , & a disme & a halfe of the Spirituality , and vvithall escuage of euery Knights fee. COVNS . But what say you to the Parliament of Westminster in the 16 th of the king , where notwithstanding the wars of France and his great charge in repulsing the Welsh rebels , he was flatly denyed the Subsedie demaunded . IVST . I confesse , my Lord , that the house excused themselues by reason of their pouerty , and the Lords taking of Armes ; in the next yeare it was manifest that the house was practised against the king : And was it not so , my good Lord thinke you in our two last Parliaments , for in the first euen those whom his Majestie trusted most , betrayed him in the vnion , & in the secōd there were other of the great ones ran counter . But your Lordship spake of dangers of Parliaments , in this , my Lord , there was a deniall , but there was no danger at all : But to returne where I left , what got the Lords by practizing the house at that time ? I say that those that brake this staffe vpon the K. were ouerturned with the counterbuffe , for hee resumed all those lands which hee had given in his minority , hee called all his exacting officers to accompt , hee found them all faulty , hee examined the corruption of other magistrates , and from all these he drew sufficient mony to satisfie his present necessity , whereby hee not onely spared his people , but highly contented them with an act of so great Iustice : Yea Hubert Earle of Kent , the chiefe justice whom hee had most trusted , and most advanced , was found as false to the King , as any one of the rest . And for conclusion in the end of that yeare at the assemblie of the States at Lambeth , the King had the fortith part of euery mans goods given him freely towards his debts , for the people , who the same yeare had refused to giue the King any thing , when they sawe hee had squeased those spunges of the common wealth , they willingly yeelded to giue him satisfaction . COVNS . But I pray you , what became of this Hubert , whō the King had favoured aboue all men , betraying his Majestie as he did . IVST . There were many that perswaded the King to put him to death , but he could not be drawne to consent , but the King seized vpon his estate which was great ; yet in the end hee left him a sufficient portion , and gaue him his life because hee had done great service in former times : For his Majestie , though hee tooke advantage of his vice , yet hee forgot not to haue consideration of his vertue . And vpon this occasion it was that the King , betrayed by those whom hee most trusted , entertayned strangers , and gaue them their offices and the charge of his castles and strong places in England . COVNS . But the drawing in of those strangers was the cause that Marshall Earle of Pembroke moued warre against the King. IVST . It is true , my good Lord , but hee was soone after slaine in Ireland , and his whole masculine race , ten yeres extinguished , though there were fiue sonnes of them , & Marshall being dead , who was the mouer and ring-leader of that warre , the King pardoned the rest of the Lords that had assisted Marshall . COVNS . What reason had the King so to doe ? IVST . Because he was perswaded , that they loued his person , & only hated those corrupt Counselours , that then bare the greatest sway vnder him , as also because they were the best men of warre hee had , whom if he destroyed , hauing warre with the French , he had wanted Commanders to haue served him . COVNS . But what reason had the Lords to take armes ? IVST . Because the King entertayned the Poictoui●s , were not they the Kings vassals also ? Should the Spaniards rebell , because the Spanish King trusts to the Neopolitans , Portagues , Millanoies , and other nations his vassals , seeing those that are governed by the Vice-royes and deputies , are in pollicy to be well entertayned and to be employed , who would otherwise devise how to free themselues ; whereas , beeing trusted and imployed by their Prince , they entertaine themselues with the hopes that other the Kings vassals doe . if the King had called in the Spaniards , or other Nations , not his Subjects , the Nobility of England had had reason of griefe . But what people did euer serue the King of England more faithfully then the Gascoynes did even to the last of the conquest of that Duchy . IVST . Your Lordship sayes wel , & I am of that opinion that if it had pleased the Queene of Eng. to haue drawne some of the chiefe of the Irish Nobility into Eng. & by exchange to haue made them good freeholders in Eng. , shee had saued aboue 2. millions of pounds which were consumed in times of those rebellions . For what held the great Gascoigne firme to the Crowne of England ( of whom the Duke of Espernon married the inheritrix ) but his Earldome of Kendall in England , whereof the Duke of Espernon ( in right of his wife ) beares the title to this day . And to the same end I take it , hath Iames our Soueraigne Lord given lands to divers of the Nobility of Scotland . And if I were worthy to advise your Lordship , I should thinke that your Lordship should do the King great service to put him in mind to prohibite all the Scottish nation to alienate and sell away their inheritance here ; for they selling , they not only giue cause to the English to complaine that the treasure of England is transported into Scotland , but his Majesty is thereby also frustrated of making both Nations one , and of assuring the service and obedience of the Scots in future . COVNS . You say well , for though those of Scotland that are advanced and enriched by the Kings Majesties will , no doubt serue him faithfully , yet how their heires & successours , hauing no inheritance to loose in England may be seduced is vncertaine . But let vs goe on with our Parliament . And what say you to the deniall in the 26 ● yeare of his reigne , even when the King was invited to come into France by the Earle of March , who had married his mother , and who promised to assist the King in the conquest of many places lost . IVST . It is true , my 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 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 Commons of the Clergy , in the South hee had the tenth penny , and in the North the fift penny . In the two and thirtyeth yeare he had a subsedy freely graunted . In the three and thirtyeth yeare hee confirmed the great Charter of his owne Royall disposition , and the states to shew their thankfulnesse , gaue the king for one yeare , the fift part of all the revenues of the land and of the Citizens the sixt part of their goods . And in the same yeare the king vsed the inquisition called Traile Baston . By which all Iustices and other Magistrates were grievously fined that had vsed extortion or bribery , or had otherwise misdemeaned themselues to the great contentation of the people . This commission likewise did enquire of intruders , barrators & all other the like vermine , whereby the king gathered a great masse of treasure with a great deale of loue . Now for the whole raigne of this king , who governed England 35 yeares , there was not any Parliament to his preiudice . COVNS : But there was taking of armes by Marshall and Hereford . IVST : That 's true , but why was that ? because the king , notwithstanding all that was giuen him by Parliament , did lay the greatest taxes that ever king did without their consent . But what lost the king by those Lords ? one of them gaue the king all his lands , the other dyed in disgrace . COVNS : But what say you to the Parliament in Edward the Seconds time his successor : did not the house of Parliament banish Peirce Gaueston whom the king favoured ? IVST : But what was this Gaueston but an Esquier of Gascoine , formerly banisht the Realme by king Edward the first , for corrupting the Prince Edward , now raigning . And the whole kingdome fearing and detesting his venemous disposition , they besought his Maiesty to cast him off , which the king performed by an act of his owne , and not by act of Parliament , yea Gauestons owne fatherinlawe , the Earle of Glocesterw , as one of the Chiefest of the Lords that procured it . And yet finding the kings affection to follow him so strongly , they all consented to haue him recalled . After which when his credit so increased , that hee despised and set at naught all the auncient Nobility , and not onely perswaded the king to all manner of outrages and riots , but withall transported what he listed of the kings treasure , and jewels , the Lords vrged his banishment the second time , but neither was the first nor second banishment forced by acte of parliament , but by the forceable Lords his enemies . Lastly hee being recalled by the king , the Earle of Lancaster caused his head to bee stricken off , when those of his party had taken him prisoner . By which presumptuous acts , the Earle and the rest of his company committed treason and murder , treason by raysing an army without warrant , murder by taking away the life of the kings subiect . After which Gaveston being dead , the Spencers got possession of the kings favour , though the younger of them was placed about the K. by the Lords themselues . COVNS . What say you then to the Parliament held at London about the sixt yeare of that king ? IVST . I say that king was not bound to performe the acts of this parliament , because the Lords beeing too strong for the king , inforced his consent , for these be the words of our own history . They wrested too much beyond the boūds of reasō . CONS . What say you to the Parliaments of the white wands in the 13 th of the king . IVST . I say the Lords that were so moued , came with an army , and by strong hand surprised the King , they constrained , ( sayth the story ) the rest of the Lords and compelled many of the Bishops to consent vnto them , yea it sayth further , that the king durst not but graunt to all that they required , ( to wit ) for the banishment of the Spencers . Yea they were so insolent that they refused to lodge the Queene cōming through Kent in the Castle of Leedes , and sent her to prouide her lodging where shee could get it so late in the night , for which notwithstanding some that kept her out were soone after taken and hang'd , and the refore your Lordship cannot call this a Parliament for the reasons before alleaged . But my Lord what became of these Lawgiuers to the king , even when they were greatest , a knight of the North called Andrew Herkeley assembled the Forces of the Countrey , ouerthrew them and their army , slewe the Earle of Hereford and other Barons , tooke their generall Thomas Earle of Lancaster , the Kinges cozen-germane at that tyme possessed of fiue Earledomes , the Lords Clifford , Talbort , Mowbray , Maudiut , Willington , Warren , Lord Darcy , Withers , Kneuill , Leybourne , Bekes , Louell , Fitzwilliams , Watervild , and diverse other Barons , Knights and Esquires , and soone after the Lord Percy , and the Lord Warren tooke the Lords Baldsemere , and the Lord Audley , the Lord Teis , Gifford , Tuchet , and many others that fled from the battaile , the most of which past vnder the hands of the hangman , for constraining the King vnder the colour and name of a Parliament . But this your good Lordship may iudge , to whom , those tumultuous assemblies ( which our histories falsely call Parliaments haue beene daungerous , the Kings in the end ever preuailed , and the Lords lost their liues , & estates . After which the Spencers in their banishment at Yorke , in the 15 th of the King , were restored to the honors and estates , and therein the King had a subsedy giuen him the sixt penny of goods throughout England , Ireland , and Wales . COVNS : Yet you see the Spencers were soone after dissolued . IVST : It is true my Lord , but that is nothing to our subiect of Parliament , they may thanke their owne insolencie , for they branded & despised the Queene , whom they ought to haue honored as the Kings wife ; they were also exceeding greedy , & built thēselues vpon other mens ruines , they were ambitious & exceeding malitious , wherevpon that came , that when Chamberlaine Spencer was hang'd in Hereford , a part of the 24 th Psalme was written over his head : Quid gloriaris in malitia potens ? COVNS . Well Sir , you haue all this while excused your selfe vpon the strength and rebellions of the Lords , but what say you now to King Edward the third , in whose time ( and during the time of this victorious king , no man durst take Armes or rebel ) the three estates did him the greatest affront that euer king receiued or endured , therefore I conclude where I began , that these Parliaments are dangerous for a king . IVST . To answere your Lordship in order , may it please you first to call minde , what was giuen this great king by his Subjects before the dispute betwixt him and the house happened , which was in his latter dayes , from his first yeare to his fift yeare there was nothing giuen the king by his subjects : In his eight yeare at the Parliament at London a tenth and a fifteenth was graunted : in his tenth yeare hee ceased vpon the Italians goods heere in England to his owne vse , with all the goods of the Monkes Cluniacqs and others , of the order of the Cistertians . In the eleuenth yeare , hee had given him by parliament a notable relief , the one halfe of the woolls throughout England , and of the Cleargy all their wools , after which , in the end of the yeare hee had granted in his parliament at Westminster , forty shillings vpon every sacke of wool , and for every thirty wool fels forty shillings , for every last of leatherne , as much , and for all other merchandizes after the same rate . The king promising that this yeares gathering ended , he would thenceforth content himselfe with the old custome , he had ouer and aboue this great ayde the eight part of all goods of all citizens and Burgesses , and of others as of forreigne Marchants , & such as liued not of the gaine of breeding of sheepe and cattell the fifteenth of their goods : Nay my Lord : this was not all : though more then euer was granted to any king , for the same parliament bestowed on the king the ninth sheafe of all the corne within the lande , the ninth fleece , and the ninth lambe for two yeares next following : now what thinke your Lordship of this parliament . COVNS . I say they were honest men . IVST : And I say , the people are as loving to their king now , as euer they were , if they bee honestly and wisely dealt withall , and so his Majestie hath found them in his last two parliaments , if his Majestie had not beene betrayed by those whom he most trusted . COVNS . But I pray you Sir , who shall a king trust , if he may not trust those whom he hath so greatly advanced ? IVST . I will tell your Lordship whom the king may trust . COVNS . Who are they ? IVST . His owne reason , and his owne excellent judgement which haue not deceived him in any thing , wherein his Majestie hath beene pleased to exercise them , Take councell of thine heart ( saith the booke of Wisedome ) for there is none more faithfull vnto thee then it . COVNS . It is true , but his Majestie found that those wanted no judgement whom hee trusted , and how could his Majestie divine of their honesties ? IVST . Will you pardon mee if I speake freely , for if I speake out of loue , which ( as Salomon saith ) covereth all trespasses , The trueth is , that his Majestie would never beleeue any man that spake against them , and they knew it well enough , which gaue them boldnesse to do what they did . COVNS . What was that ? IVST . Even , my good Lord , to ruine the kings estate so farre as the state of so great a king may be ruin'd by men ambitious and greedy without proportion . It had beene a braue increase of revenue , my Lord , to haue raysed 50000′ land of the kings to 20000′ revenue , and to raise the revenue of wards to 20000′ more , 40000′ added to the rest of his Majesties estate , had so enabled his Majestie , as hee could never haue wanted . And my good Lord , it had beene an honest service to the king , to haue added 7000′ lands of the Lord Cobhams , woods and goods being worth 30000′ more . COVNS . I know not the reason why it was not done . IVST . Neither doth your Lordship , perchance knowe the reason why the 10000′ offer'd by Swinnerton for a fine of the French wines , was by the then Lord Treasurer conferr'd on Devonshire and his Mistris . COVNS . What moued the Treasurer to reject & crosse that raising of the kings lands ? IVST . The reason , my good Lord , is manifest , for had the land beene raised , then had the king knowne when hee had given or exchanged land , what hee had giuen or exchanged . COVNS . What hurt had that beene to the Treasurer whose office is truely to informe the King of the value of all that he giveth ? IVST . So hee did when it did not concerne himselfe nor his particular , for hee could neuer admit any one peece of a good Manour to passe in my Lord Aubignes booke of 1000′ land , till hee himselfe had bought , & then all the remaining flowers of the Crowne were culled out . Now had the Treasurer suffer'd the Kings lands to haue been raised , how could his Lordshippe haue made choice of the old rents , as well in that book of my Lord Aubigne , as in exchange of Theobalds , for which hee tooke Hatfield in it , which the greatest subject or favorite Queene Elizabeth had never durst haue named vnto her by way of gift or exchange . Nay my Lord , so many other goodly Mannors haue passed from his Majestie , as the very heart of the kingdome mourneth to remember it , and the eyes of the kingdome shedde teares continually at the beholding it ▪ yea the soule of the kingdome is heavy vnto death with the consideration thereof , that so magnanimous a Prince , should suffer himselfe to be so abused . COVNS . But Sir you knowe that Cobhams lands were entayled vpon his Cosens . IVST . Yea , my Lord , but during the liues and races of George Brooke his children , it had beene the kings , that is to say , for euer in effect , but to wrest the king , and to draw the inheritance vpon himselfe , he perswaded his Majestie to relinquish his interest for a petty summe of money ; and that there might be no counterworking , he sent Brooke 6000 l to make friends , vvhereof himselfe had 2000 l backe againe , Buckhurst and Barwicke had the other 4000 l , and the Treasurer and his heires the masse of land for euer . COVNS . What then I pray you came to the king by this great confiscation . IVST . My Lord , the kings Majestie by all those goodly possessiōs , vvoods & goods looseth 500 l by the yere which he giueth in pension to Cobham , to maintaine him in prison . COV . Certainly , even in conscience they should haue reserved so much of the land in the Crowne , as to haue giuen Cobham meate and apparell , & not made themselues so great gainers , and the King 500 l ( per annum ) looser by the bargaine , but it 's past : Consilium non est eorum quae fieri nequeunt . IVST . Take the rest of the sentence , my Lord : Sed consilium versatur in iis quae sunt in nostra potestate . It is yet , my good Lord , in potestate Regis , to right himselfe . But this is not all my Lord : And I feare mee , knowing your Lordships loue to the King , it would put you in a feaver to heare all : I will therefore goe on vvith my parliaments . COVNS . I pray doe so , and amongst the rest , I pray you what say you to the Parliament holden at London in the fifteenth yeare of King Edward the third ? IVST . I say there was nothing concluded therein to the prejudice of the King. It is true , that a litle before the sitting of the house , the King displaced his Chancellour and his Treasurer , and most of all his judges and officers of the exchequer , and committed many of them to prison , because they did not supplie him with mony being beyond the seas , for the rest , the states assembled , besought the King that the lawes of the two Charters might bee obserued , and that the great officers of the Crowne might bee chosen by parliament . COVNS . But what successe had these petitions . IVST . The Charters were observed , as before , & so they wil be euer , & the other petition was reiected , the King being pleas'd notwithstanding , that the great Officers should take an oath in Parliament to doe Iustice. Now for the Parliament of Westminster , in the 17 th yeare of the King , the King had three markes and a halfe for euery sacke of wooll transported ; and in his 18 th he had a 10 th of the Clergy , and a 15 ● of the Laity for one yeare . His Maiesty forbare after this to charge his subiects with any more payments , vntill the 29 th of his reigne , when there was giuen the King by Parliament 50 for euery sacke of wooll transported for sixe yeares , by which grant , the King receiued a thousand marks a day , a greater matter then a thousand pounds in these dayes , & a 1000 l a day amounts to 365000 a yeare , which was one of the greatest presents that euer was giuen to a King of this land . For besides the cheapnes of all things in that age , the Kings souldiers had but 3 d a day wages , a man at armes 6 l , a Knight but 2 ● . In the Parliament at Westminster , in the 33 ● yeare he had 26 ● 8 d for euery sacke of wooll transported , & in the 42 t● yeare 3 dismes & 3 fifteens . In his 45 l yeare he had 50000 of the Layty , & because the Spiritualty disputed it , & did not pay so much , the King chang'd his Chancellour , Treasurer , and Privy Seale , being Bishops , and placed Lay men in their roome . COVNS . It seemes that in those dayes the kings were no longer in loue with their great Chancellors , then when they deserued well of them . IVST . No my Lord , they were not , & that was the reason they were well serued , & it was the custome then , & in many ages after , to change the Treasurer & the Chancellour euery 3 yeares , & withall to heare all mens complaints against thē . COVNS . But by this often change , the saying is verified , that there is no inheritance in the fauour of Kings . Hee that keepeth the figge tree ( saith Salomon ) shall eat the fruite thereof ; for reason it is that the seruant liue by the Master . IVST . My Lord , you say well in both , but had the subiect an inheritance in the Princes favor , where the Prince hath no inheritance in the subiects fidelity , then were kings in more vnhappy estate then common persons . For the rest , Salomon meaneth not , that he that keepeth the figge tree should surfet , though he meant he should eate , hee meant not hee should breake the branches in gathering the figs , or eate the ripe , & leaue the rotten for the owner of the tree ; for what saith hee in the following chapter , he saith that he that maketh haste to be rich , cannot be innocent . And before that , he saith , that the end of an inheritance hastily gotten , cannot be blessed . Your Lordship hath heard of few or none great with Kings , that haue not vsed their power to oppresse , that haue not grown insolent & hatefull to the people ; yea , insolent towards those Princes that advanced them . COVNS . Yet you see that Princes can change their fancies . IVST . Yea my Lord , when favorites change their faith , when they forget that how familiar socuer Kings make thēselues with their Vassals , yet they are kings : He that provoketh a King to anger ( saith Salomon ) sinneth against his owne soule . And he further saith , that pride goeth before destruction , and a high minde before a fall . I say therefore , that in discharging those Lucifers , how deare soeuer they haue beene , kings make the world know that they haue more of Iudgement then of passion , yea they thereby offer a satisfactory sacrifice to all their people , too great benefits of subjects to their King , where the minde is blowne vp with their owne deseruings , and too great benefits of Kings confer'd vpon their subiects , where 〈◊〉 minde is not qualified with a great deale of modesty , are equally dangerous . Of this later and insolenter , had King Richard the second deliuered vp to Iustice but three or foure , he had still held the loue of the people , and thereby his life and estate . COVNS . Well , I pray you goe on with your Parliaments . IVST . The life of this great King Edward drawes to an end , so doe the Parliaments of this time , where in 50 yeares raigne , he neuer receiued any affront , for in his 49 th yeare he had a disme and a fifteene granted him freely . COVNS . But Sir it is an olde saying , that all is well that ends well : Iudge you whether that in his 50 th yeare in Parliament at Westminster hee receiued not an affront , when the house vrged the King to remoue & discharge frō his presence the Duke of Lancaster , the Lord Latimer his Chamberlaine , Sir Richard Sturry , and others whom the King fauoured and trusted . Nay , they pressed the King to thrust a certaine Lady out of the Court , which at that time bare the greatest sway therein . IVST . I will with patience answere your Lordship to the full , and first your Lordship may remember by that which I euen now said , that neuer King had so many gifts as this King had from his subiects , and it hath neuer grieued the subiects of England to giue to their King , but when they knew there was a devouring Lady , that had her share in all things that passed , and the Duke of Lancaster was as scraping as shee , that the Chancellour did eat vp the people as fast as either of them both . It grieued the subjects to feede these Cormorants . But my Lord there are two things by which the Kings of England haue beene prest , ( to wit ) by their subiects , and by their owne necessities . The Lords in former times were farre stronger , more warlike , better followed , liuing in their countries , then now they are . Your Lordship may remember in your reading , that there were many Earles could bring into the field a thousand Barbed horses , many a Baron 5 or 600 Barbed horses , whereas now very few of them can furnish twenty fit to serue the King. But to say the truth my Lord , the Iustices of Peace in England , haue oppos'd the iniusticers of warre in England , the kings writ runs ouer all , & the great Scale of England , with that of the next Constables will serue the turne to affront the greatest Lords in England that shall moue against the King. The force therefore by which our Kings in former times were troubled , is vanisht away . But the necessities remaine . The people therefore in these later ages , are no lesse to bee pleased then the Peeres ; for as the later are become lesse , so by reason of the trayning through England , the Commons haue all the weapons in their hands . COVNS . And was it not so euer ? IVST . No my good Lord , for the Noblemen had in their Armories to furnish some of thē a thousand , some two thousand , some three thousand men , whereas now there are not many that can arme fifty . COVNS . Can you blame them ? But I will only answere for my selfe , betweene you & me be it spoken , I holde it not safe to maintaine so great an Armory or Stable , it might cause me , or any other Nobleman to be suspected , as the preparing of some Innovation . IVST . Why so my Lord , rather to bee commended as preparing against all danger of Innovation . COVNS . It should be so , but call your observation to accompt , & you shall find it as I say , for ( indeed ) such a jelousie hath been held euer since the time of the Ciuill wars , ouer the Military greatnes of our Nobles , as made them haue litle will to bend their studies that wayes : wherefore let euery man prouide according as hee is rated in the Muster booke , you vnderstand me . IVST . Very well my Lord , as what might be replyed in the preceiuing so much ; I haue euer ( to deale plainly and freely with your Lordship ) more fear'd at home popular violence , then all the forreine that can be made , for it can neuer bee in the power of any forreine Prince , without a Papisticall party , either to disorder or endanger his Majesties Estate . COVNS . By this it seemes , it is no lesse dangerous for a king to leaue the power in the people , then in the Nobility . IVST . My good Lord , the wisdome of our owne age , is the foolishnes of another , the time present ought not to bee prefer'd to the Policy that was , but the policy that was , to the time present . So that the power of the Nobility being now withered , and the power of the people in the flowre , the care to content them would not be neglected , the way to win them often practized , or at least to defend them from oppression . The motiue of all dangers that euer this Monarchy hath vndergone , should bee carefully heeded , for this Maxime hath no posterne , Potestas humana radicatur in voluntatibus hominum . And now my Lord , for King Edward it is true , though he were not subject to force , yet was hee subiect to necessity , which because it was violent , hee gaue way vnto it , Potestas ( saith Pythagoras ) iuxia necessitatem habitat . And it is true , that at the request of the house he discharged & put from him those before named , which done , he had the greatest gift ( but one ) that euer he receiued in all his dayes ( to wit ) from euery person , man & woman aboue the age of fourteen yeares . 4 ● of old mony , which made many Millions of Groats , worth 6 ● of our mony . This he had in generall , besides he had of euery beneficed Priest , 12 d. And of the Nobility & Gentry , I know not how much , for it is not set down . Now my good Lord , what lost the King by satisfying the desires of the Parliament house ; for assoone as hee had the money in purse , hee recalled the Lords , and restored them , & who durst call the King to accompt , when the Assembly were dissolued . Where the word of a King is , there is power ( saith Ecclesiasticus ) who shall say vnto him , what doest thou ? saith the same Author , for euery purpose there is a time & judgment , the King gaue way to the time , & his judgmēt persweded him to yeeld to necessity , Consularius nemo melior est quàm tempus . COVNS . But yet you see the king was forc'd to yeeld to their demaunds . IVST . Doth your Lordship remember the saying of Monsieur de Lange , that he that hath the profit of the warre , hath also the honour of the warre , whether it be by battaile or retreate , the King you see had the profit of the Parliament , and therefore the honour also , what other end had the king then to supply his wants . A wise man hath euermore respect vnto his ends : And the king also knew that it was the loue that the people bare him , that they vrged the remouing of those Lords , there was no man among them that sought himselfe in that desire , but they all sought the King , as by the successe it appeared . My good Lord , hath it not been ordinary in England and in France to yeeld to the demaunds of rebels , did not King Richard the second graunt pardon to the outragious roagues & murtherers that follovved Iack Straw , & Wat Tyler , after they had murthered his Chancellor , his Treasurer , Chiefe Iustice , and others , brake open his Exchequer , and committed all manner of outrages and villanies , and why did he doe it , but to avoid a greater danger : I say the Kings haue then yeelded to those that hated them and their estates , ( to wit ) to pernicious rebels . And yet without dishonour shall it be called dishonour for the King to yeeld to honest desires of his subjects . No my Lord , those that tell the King those tales , feare their own dishonour , and not the Kings , for the honour of the King is supreame , and being guarded by Iustice and piety , it cannot receiue neither wound nor stayne . COVNS . But Sir , what cause haue any about our King to feare a Parliament ? IVST . The same cause that the Earle of Suffolke had in Richard the seconds time , and the Treasurer Fartham , with others ; for these great Officers being generally hated for abusing both the King and the subiect , at the request of the States were discharged , and others put in their roomes . COVNS . And was not this a dishonour to the king ? IVST . Certainly no , for King Richard knew that his Grandfather had done the like , and though the king was in his heart vtterly against it , yet had hee the profite of this exchange ; for Suffolke was fined at 20000 markes , & 1000 ● lands . COVNS . Well Sir , we will speake of those that feare the Parliament some other time , but I pray you goe on with that , that happened in the troublesome raigne of Richard the second who succeeded , the Grandfather beeing dead . IVST . That king , my good Lord , was one of the most vnfortunate Princes that euer England had , hee was cruell , extreame prodigall , and wholly carryed away with his two Minions , Suffolk ▪ & the duke of Ireland , by whose ill advice & others , he was in danger to haue lost his estate ; which in the end ( being led by men of the like temper ) he miserably lost . But for his subsedies hee had giuen him in his first yeare being vnder age two tenths , and two fifteenes : In which Parliament , Alice Peirce , who was remoued in king Edwards time , with Lancaster , Latimer , and Sturry . were confiscate & banished . In his second yeare at the Parliament at Glocester , the King had a marke vpon euery sacke of wooll , and 6 d the pound vpon wards . In his third yeare at the Parliament at Winchester , the Commons were spared , and a subsedy giuen by the better sort , the Dukes gaue 20 markes , and Earles 6 markes , Bishoppes and Abbots with myters fixe markes , euery marke 3● 4 d , & euery Knight , Iustice , Esquier , Shrieue , Parson , Vicar , & Chaplaine , paid proportionably according to their estates . COVNS . This me thinkes was no great matter . IVST . It is true my Lord , but a little mony went far in those dayes : I my selfe once moued it in Parliament in the time of Queene Elizabeth , who desired much to spare the Common people , and I did it by her Commaundement ; but when we cast vp the subsedy Bookes , wee found the summe but smal , whē the 30 ● men were left out . In the beginning of his fourth yeare , a tenth with a fifteene vvere granted vpon condition , that for one vvhole yeare no subsedies should bee demaunded ; but this promise vvas as suddenly forgotten as made , for in the end of that yeare , the great subsedy of Poll mony vvas granted in the Parliament at Northampton . COVNS . Yea , but there follovved the terrible Rebellion of Baker , Straw , and others , Leister , Wrais , and others . IVST . That vvas not the fault of the Parliament my Lord , it is manifest that the subsedy giuen vvas not the cause ; for it is plaine that the bondmen of England began it , because they vvere grieuously prest by their Lords in their tenure of Villenage , as also for the hatred they bare to the Lavvyers & Attorneyes : for the story of those times say , that they destroyed the houses & Mannors of men of lavv , and such Lavvyers as they caught , slevv them , & beheaded the Lord chiefe Iustice , which commotion being once begun , the head mony was by other Rebels pretended : A fire is often kindled with a litle straw , which oftentimes takes hold of greater timber , & consumes the whole building : And that this Rebellion was begun by the discontented slaues ( whereof there haue beene many in Elder times the like ) is manifest by the Charter of Manumission , which the King granted in haec verba ▪ Rich. Dei gratia &c. Sciatis quòd de gratia nostrâ spirituals manumissimus &c. to which seeing the King was constrained by force of armes , hee revoked the letters Pattents . and made them voide , the same revocation being strengthened by the Parliament ensuing . In which the King had giuen him a subsedy vpon wools , called a Maletot . In the same fourth yeare was the Lord Treasurer discharged of his Office and Hales Lord of S Iohns chosen in his place . In his fift yeare was the Treasurer againe changed , and the Staffe giuen to Segraue , and the Lord Chancellour was also changed , and the staffe giuen to the Lord Scroope : Which Lord Scroope was againe in the beginning of his sixt yeare turned out , and the King after that he had for a while kept the Seale in his own hand , gaue it to the Bishop of London , from vvhom it vvas soone after taken & bestovved on the Earle of Suffolke , vvho they say , had abused the king , and converted the kings Treasure to his ovvne vse . To this the King condiscended , and though ( saith Walsingham ) he deserued to loose his life and goods , yet he had the fauor to goe at liberty vpō good sureties : & because the K. vvas but yong , & that the reliefe granted vvas committed to the trust of the Earle of Arundell for the furnishing of the Kings Navy against the French. COVNS . Yet you see it vvas a dishonor to the K. to haue his beloued Chancellour remoued . IVS. Truly no , for the K. had both his fine 1000 lāds , & a subsedy to boot . And though for the present it pleased the K. to fancy a man all the vvorld hated ( the K s passiō ouercōming his Iudgmēt ) yet it cānot be cal'd a dishonor , for the K. is to belieue the general coūsel of the kingdom , & to prefer it before his affection , especially vvhen Suffolk vvas proued to be false euen to the K : for were it otherwise loue and affection might bee called a frenzie and a madnesse , for it is the nature of humane passions , that the loue bredde by fidelity , doth change it selfe into hatred , when the fidelity is first changed into falshood . COVNS : But you see there were thirteene Lords chosen in the Parliament , to haue the oversight of the government vnder the King. IVS : No my Lord , it was to haue the oversight of those Officers , which ( saith the Story ) had imbezeled , lewdly wasted , and prodigally spent the Kings treasure , for to the Cōmission to those Lords , or to any six of them , joyn'd with the Kings Counsell , was one of the most royall and most profitable that euer he did , if hee had bin constant to himself . But my good Lord , man is the cause of his own misery , for I wil repeate the substance of the commission granted by the K ▪ & confirmed by Parliament , which , whether it had bin profitable for the K. to haue prosecuted , your Lordship may judge . The preamble hath these words : Whereas our Sovereigne Lord the King perceiveth by the greivous complaints of the Lords & Commons of this Realme , that the rents , profits , & revenues of this Realme , by the singular and insufficient Councell and evill gouernment , aswell of some his late great Officers , and others , &c. are so much withdrawen , wasted , eloyued , giuen , granted , alienated , destroyed , and evill dispended , that he is so much impoverished and void of treasure and goods , and the substance of the Crown so much diminished and destroyed , that his estate may not honorably be sustained as appertayneth . The K. of his free will at the request of the Lords and Commons , hath ordayned Williā Archbishop of Canterbury and others with his Chancellour , Treasurer , keeper of his privy seale , to survey and examine as well the estate and governance of his house , &c. as of all the rents , and profits , and revenues that to him appertayneth , and to be due , or ought to appertaine and be due , &c. And all manner of gifts , graunts , alienations and confirmations made by him of lands , tenements , rents , &c. bargained and sold to the preiudice of him and his Crowne , &c. And of his iewels & goods which were his Grandfathers at the time of his death , &c. and where they be become . This is in effect the substance of the commission , which your Lordship may reade at large in the booke of Statutes , this commission being enacted in the tenth yere of the Kings reigne . Now if such a commission were in these daies granted to the faithfull men , that haue no interest in the sales , gifts nor purchases , nor in the keeping of the jewells at the Queenes death , nor in the obtaining , graunts of the Kings best lands , I cannot say what may be recouered , & justly recovered ; and what say your Lordship , was not this a noble acte for the King , if it had beene followed to effect ? COVNS . I cannot tell whether it were or no , for it gaue power to the Commissioners to examine all the graunts . IVST . Why my Lord , doth the King graunt any thing , that shames at the examination ? are not the Kings graunts on record ? COVNS . But by your leaue , it is some dishonour to a King , to haue his judgement called in question . IVST . That is true my Lord , but in this , or vvhensoever the like shall be graunted in the future , the Kings judgement is not examined , but their knavery that abused the K. Nay by your favour , the contrary is true , that vvhen a King will suffer himselfe to bee eaten vp by a company of petty fellowes , by himselfe raised , there in both the judgement and courage is disputed . And if your Lordship vvill disdaine it at your own servants hands , much more ought the great heart of a King , to disdaine it . And surely my Lord , it is a greater treason ( though it vndercreepe the law ) to teare from the Crowne the ornaments thereof : And it is an infallible maxime , that hee that loues not his Majesties estate , loues not his person . COVNS . How came it then , that the acte was not executed ? IVS. Because these , against vvhom it was graunted , perswaded the King to the contrary : As the Duke of Ireland , Suffolke , the chief Iustice Trisilian , & others , yea , that which vvas lawfully done by the King , and the great Councell of the kingdome , was ( by the mastery which Ireland , Suffolke , and Tresilian had ouer the Kings affections ) broken and disavowed . Those that devised to relieue the King , not by any private invention , but by generall Councell , were by a private and partiall assemblie , adjudged traytors , and the most honest Iudges of the land , enforced to subscribe to that judgment . In so much , that Iudge Belknap plainely told the Duke of Ireland , and the Earle of Suffolke , when hee was constrained to set to his hand , plainely told these Lords , that he wanted but a rope , that he might therewith receiue a reward for his subscription . And in this Councell of Nottingham vvas hatched the ruine of those which governed the King , of the Iudges by them constrained , of the Lords that loued the King , and sought a reformation , and of the King himselfe ; for though the King found by all the Shreeues of the shires , that the people would not fight against the Lords , whom they thought to bee most faithfull vnto the King , when the Citizens of London made the same answere , beeing at that time able to arme 50000● men , & told the Major , that they would never fight against the Kings friends , and defenders of the Realme , when the Lord Ralph Basset , who was neere the K. told the King boldly , that hee would not adventure to haue his head broken for the Duke of Irelands pleasure , vvhen the Lord of London told the Earle of Suffolke in the Kings presence , that he was not worthy to liue , &c. yet vvould the King in the defence of the destroyers of his estate , lay ambushes to entrap the Lords , when they came vpon his faith , yea when all was pacified , and that the King by his Proclamation had clear'd the Lords , and promised to produce Ireland , Suffolke , & the Archbishop of Yorke , Tresilian & Bramber , to answer at the next Parliament , these men confest , that they durst not appeare ; and when Suffolke fled to Callice , and the Duke of Ireland to Chester , the King caused an army to be leavied in Lancashire , for the safe conduct of the Duke of Ireland to his presence , when as the Duke being encountered by the Lords , ranne like a coward from his company , & fled into Holland . After this vvas holden a Parliament , which vvas called that vvrought vvonders . In the eleuenth yeare of this King , wherein the forenamed Lords , the Duke of Ireland & the rest , were condemned and confiscate , the Chiefe Iustice hang'd with many others , the rest of the Iudges condemned & banisht , & a 10 th and a 15 th given to the King. COVNS : But good Sir : the King was first besieged in the Tower of London , and the Lords came to the Parliament , & no man durst contradict them . IVST : Certainly in raising an army , they committed treason , and though it did appeare , that they all loued the King , ( for they did him no harme , hauing him in their power ) yet our law doth construe all leavying of war without the kings commission , and all force raised to be intended for the death & destruction of the K. not attending the sequell . And it is so judged vpon good reason , for every vnlawfull and ill action is suppos'd to be accompanied with an ill intēt . And besides , those Lords vsed too great cruelty , in procuring the sentence of death against diuers of the Kings servaunts , who were bound to follow and obey their Master and Soveraigne Lord , in that hee commaunded . COVNS . It is true , and they were also greatly to blame , to cause then so many seconds to be put to death , seeing the principalls , Ireland , Suffolke ▪ and Yorke had escaped them . And what reason had they to seeke to enforme the State by strong hand , was not the Kinges estate as deere to himselfe , as to them ? He that maketh a King know his errour manerly and priuate , and giues him the best aduice , hee is discharged before God , and his owne conscience . The Lords might haue retired themselues , when they saw they could not prevaile , and haue left the King to his owne wayes , who had more to loose then they had . IVST . My Lord , the taking of Armes cannot be excused in respect of the law , but this might be said for the Lords that the K. being vnder yeres , & being wholly governed by their enimies , & the enimies of the kingdome , & because by those evill mens perswasiōs , it was aduised , how the Lords should haue bin murthered at a feast in London , they were excusable during the kings minority to stand vpō their guards against their particular enemies . But we will passe it ouer and go on with our parliaments that followed , whereof that of Cambridge in the K s 12 th yeare was the next , therein the K. had giuen him a 10 th & a 15 th , after which , being 20. yeares of age rechāged ( saith H. Kinghton ) his Treasurer , his Chancellor , the Iustices of either bench , the Clerk of the priuy seale & others , & tooke the gouernment into his own hands . Hee also tooke the Admirals place frō the Earle of Arundell , & in his roome hee placed the Earle of Huntingdon in the yeare following , which was the 13 th yeare of the K. in the Parliament at Westminster , there was giuen to the King vpon every sacke of wooll 14 s and 6 d in the pound vpon other marchandize . COVNS : But by your leaue , the King was restrained this parliament , that he might not dispose of , but a third part of the money gathered . IVST : No my Lord , by your fauour . But true it is that part of this mony was by the Kings consent assigned towards the wars , but yet left in the Lord Treasurers hands , And my Lo : it would be a great ease , & a great sauing to his Maiestie our Lord and Master , if it pleased him to make his assignations vpon some part of his revenewes , by which he might haue 1000● vpon every 10000● , and saue himselfe a great deale of clamour . For seeing of necessity the Nauy must be maintained , & that those poore men aswell Carpenters as ship keepers must be paid , it were better for his Maiesty to giue an assignation to the treasurer of his nauy for the receiuing of so much as is called ordinary , then to discontent those poore men , who being made desperate beggers , may perchance be corrupted by them that lye in waite to destroy the K s estate . And if his Maiesty did the like in all other payments , especially where the necessity of such as are to receiue , cannot possible giues daies , 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 Kings stay in Ireland hee had a 10 th and a 15 th graunted . COVNS . And good reason , for the King had in his army 4000 horse and 30000 foote . IVST . That by your fauour , was the Kings sanity : for great armies do rather devour themselues then destroy enimies . Such an army , ( whereof the fourth part would haue conquered all Ireland ) was in respect of Ireland such an army as Xerxes led into Greece in this twentith yeare , wherein hee had a tenth of the Cleargy , was the great conspiracy of the Kings vnkle , the Duke of Glocester , and of Moubrey , Arundell , Nottingham , and Warwick , the Archbishop of Canterbury and the Abbotte of VVestminster , and others who in the 21 ● yeare of the King were all redeemed by parliament . & what thinkes your Lordship , was not this assembly of the 3 states for the kings estate , wherein hee so prevailed , that hee not onely overthrew those popular Lords , but besides ( the English Chronicle sayth , the king so wrought and brought things about , that hee obtained the power of both houses to be graunted to certaine persons ▪ to 15 Noblemen and Gentlmen , or to seauen of them . COVNS : Sir , whether the king wrought well or ill I cannot judge , but our Chronicles say , that many things were done in this parliament , to the displeasure of no small number of people , to wit , for that diverse rightfull heires were disinherited of their lands & liuings , with which wrongfull doings the people were much offended , so that the King with those that were about him , and chiefe in counsell , came into great infamy and slander . IVST . My good Lord , if your Lordship will pardon mee , I am of opinion that those Parliaments wherein the kings of this land haue satisfied the people , as they haue beene euer prosperous , so where the king hath restrained the house , the contrary hath happened , for the K ● atchiuements in this parliament , were the ready preparations to his ruine . COV : You meane by the general discontetmet that followed , and because the King did not proceede legally with Glocester and others . Why Sir , this was not the first time that the Kings of England haue done things without the Counsell of the land : yea , contrary to the lawe . IVST : It is true my Lord in some particulars , as euen at this time the Duke of Glocester was made away at Callice by strong hand , without any lawfull triall : for hee was a man so beloued of the people and so allied , hauing the Dukes of Lancaster , and Yorke his brethren , the Duke of Aumarle , and the Duke of Hereford his Nephewes , the great Earles of Arundell and VVarwicke , with diuerse other of his part in the conspiracy , as the King durst not trie him according to the law : for at the tryall of Arundell and VVarwicke , the king was forced to entertaine a petty army about him . And though the Duke was greatly lamented , yet it cannot be denyed but that he was then a traytor to the King. And was it not so my Lord with the Duke of Guise : your Lordship doth remember the spurgald proverbe , that necessitie hath no law : and my good Lord , it is the practice of doing wrong , and of generall wrongs done , that brings danger , and not where kings are prest in this or that particular , for there is great difference betweene naturall cruelty and accidentall . And therefore it was Machiauels advice , that all that a king did in that kind , he shall do at once , and by his mercies afterwards make the world know that his cruelty was not affected . And my Lord take this for a generall rule , that the immortall policy of a state cannot admit any law or priuiledge whatsoeuer , but in some particular or other , the same is necessarily broken , yea in an Aristocratia or popular estate , which vaunts so much of equality and common right , more outrage hath beene committed then in any Christian Monarchy . COVNS : But whence came this hatred between the Duke and the King his Nephew . IVST : My Lord , the Dukes constraining the King , when he was young , stucke in the kings heart , and now the Dukes proud speech to the King when hee had rendred Brest formerly ingaged to the Duke of Brittaine , kindled againe these coales that were not altogether extinguished , for he vsed these words : Your grace ought to put your body in great paine to winne a strong hold or towne by feares of armes , ere you take vpon you to sell or deliuer any towne gotten by the manhood and strong hand and policy of your noble progenitours . VVhereat , sayth the story , the King chaunged his countenance &c : and to say trueth ▪ it was a proud and maisterly speech of the Duke ; besides that inclusiuely hee taxed him of sloath and cowardize , as if he had neuer put himselfe to the adventure of winning such a place , vndutifull wordes of a subiect do often take deeper roote then the memory of ill deedes do : The Duke of Biron found it when the King had him at advantage . Yea the late Earle of Essex told Queene Elizabeth that her conditions was as crooked as her carkasse : but it cost him his head , which his insurrection had not cost him , but for that speech , who will say vnto a King ( saith Iob ) thou art wicked . Certainly it is the same thing to say vnto a Lady , thou art crooked ( and perchance more ) as to say vnto a King that he is wicked , and to say that hee is a coward , or to vse any other wordes of disgrace , it is one and the same errour . COVN : But what say you for Arundell , a braue and valiant man , who had the Kings pardon of his contempt during his minority . IVST : My good Lord , the Parliament which you say disputes the Kings prerogatiue , did quite contrary , and destroyed the kings charter and pardon formerly giuen to Arundell . And my good Lord , do you remember , that at the Parliament that wrought wonders , when these Lords compounded that parliament , as the King did this , they were so mercilesse towards all , that they thought their enemies , as the Earle of Arundell most insolently suffered the Qu : to kneele vnto him three houres for the sauing of one of her servants , and that scorne of his manebat alto mente repostum . And to say the truth , it is more barbarous & vnpardonable then any act that ever hee did to permit the wife of his Soueraigne to kneele to him being the Kings vassaile . For if he had saued the Lords seruant freely at her first request , as it is like enough that the Qu : would also haue saued him , Miseris succurrens paria obtinebis aliquando . For your Lordship sees that the Earle of Warwicke who was as farre in the treason as any of the rest , was pardoned . It was also at this parliament that the Duke of Hereford accused Mowbray Duke of Norfolke , and that the Duke of Hereford , sonne to the Duke of Lancaster , was banished to the Kings confusion , as your Lordship well knowes . COVNS . I know it well , and God knowes that the K. had then a silly and weake Counsell about him , that perswaded him to banish a Prince of the blood , a most valiant man , and the best beloued of the people in generall of any man liuing , especially considering that the K. gaue every day more then other offence to his subiects . For besides that he fined the inhabitants that assisted the Lords in his Minority of the 17 shires ) which offence he had long before pardoned , his blank Charters , & letting the Realme to farme to meane persons , by whom he was wholly advised , increased the peoples hatred towards the present gouernment . IVST : You say well my L. Princes of an ill destiny do alwaies follow the worst counsell , or at least imbrace the best after opportunity is lost , Qui confilia non ex suo corde sed alienis viribus colligunt , non animo sed auribus cogitant , And this was not the least griefe of the subiect in generall , that those men had the greatest part of the spoile of the cōmonwealth , which neither by vertue , valour or counsell could adde any thing vnto it : Nihil est sordidius , nihil crudelius ( saith Anto : Pius ) quāsi Remp. ij arrode , qui nihil in eam suo labore cōferent . COVNS : Indeede the letting to farme the Realme was very grievous to the subiect . IVST . Will your Lordship pardon me if I tell you that the letting to Farme of his Maiesties Customes ( the greatest revenue of the Realme ) is not very pleasing . COVNS . And why I pray you , doth not the K. thereby raise his profits every third yeare , and one farmer out bids another to the kings advantage . IVST . It is true my Lord , but it grieues the subiect to pay custome to the subject , for what mighty men are those Farmers become , and if those Farmers get many thousands every yeare , as the world knowes they doe , why should they not now ( being men of infinite wealth ) declare vnto the K. vpon oath , what they haue gained , and henceforth become the Kings collectors of his custome , did not Queene Elizabeth , who was reputed both a wise and just Princesse , after shee had brought Customer Smith from 14000 l a yeare to 42000 l a yeare , made him lay downe a recompence for that which hee had gotten ? And if these Farmers doe giue no recompence , let them yet present the King with the trueth of their receivings and profits . But my Lord for conclusion , after Bollingbrooke arriuing in England with a small troope : Notwithstanding the King at his landing out of Ireland , had a sufficient and willing army : yet hee wanting courage to defend his right , gaue leaue to all his souldiers to depart , & put himselfe into his hands that cast him into his graue . COVNS . Yet you see , hee was depos'd by Parliament . IVST . Aswell may your Lordship say hee was knock't in the head by Parliament , for your Lordship knowes , that if King Richard had ever escaped out of their fingers , that deposed him , the next Parliament would haue made all the deposers traytors and rebels , and that iustly . In which Parliamēt , or rather vnlawful assembly , there appeared but one honest man , to wit , the B. of Carliel , who scorned his life & estate , in respect of right & his allegiāce , & defēded the right of his Soveraigne Lo : against the K. elect & his partakers . COVNS . Well I pray goe on with the Parliaments held in the time of his successor Henry the fourth . IVST . This King had in his third yeare a subsedy , & in his fift a tenth of the Cleargie without a Parliament ; In his sixt yeare he had so great a subsedie , as the House required there might bee no record thereof left to posterity , for the House gaue him 20 of euery knights Fee , and of every 20● land , 20● and 12● the pound of goods . COVNS . Yea in the end of this yere , the Parliamēt prest the king to annex vnto the Crowne all temporall possessions belonging to Church-men within the land , which at that time , was the third foote of all England . But the Bishops made friends , and in the end saued their estates . IVST . By this you see , my Lord , that Cromwell was not the first that thought on such a businesse . And if king Henry the 8● had reserued the Abbeyes , and other Church lands , which he had given at that time , the revenue of the Crowne of England , had exceeded the reuenue of the Crowne of Spaine , with both the Indies , whereas vsed as it was , ( a little enriched the Crown ) served but to make a number of petty-foggers , and other gentlemen . COVNS . But what had the king in steed of this great revenue . IVST . Hee had a 15 th of the Commons , and a tenth , and a halfe of the Clergy , and withall , all pensions graunted by king Edward , and king Richard were made voide . It was also moved , that all Crowne lands formerly giuen ( at least given by K. Ed : and K. Rich : ) should bee taken backe . COVNS . What thinke you of that , Sir ? would it not haue beene a dishonour to the king ? and would not his Successors haue done the like to those that the king had advanced ? IVST . I cannot answere your Lordship , but by distinguishing ▪ for where the kings had given land for services , and had not beene over-reached in his gifts , there it had bin a dishonour to the king , to haue made voide the graunts of his predecessors , or his graunts , but all those graunts of the kinges , wherein they were deceived , the very custome and policy of England makes them voyde at this day . COVNS . How meane you that , for his Majestie hath given a great deale of land among vs since he came into England , and would it stand with the kinges honour to take it from vs againe ? IVST . Yea my Lord , very well with the kinges honour , if your Lordship , or any Lord else , haue vnder the name of 100 land a yeare , gotten 500● land , and so after that rate . COVNS . I will never belieue that his Majestie will ever doe any such thing . IVST . And I beleeue as your Lordship doth , but we spake e're-while of those that disswaded the King frō calling it a Parliament : And your Lordship asked mee the reason , why any man should disswade it , or feare it , to which , this place giues me an opportunity to make your Lordship an answer , for though his Majestle will of himself never question those graunts , yet when the Commons shall make humble petition to the King in Parliament , that it will please his Majestie to assist them in his reliefe , with that which ought to be his owne , which , if it will please his Majestie to yeeld vnto , the house will most willingly furnish and supply the rest , with what grace can his Majestie deny that honest suite of theirs , the like hauing beene done in many Kinges times before ? This proceeding , my good Lord , may perchance proue all your phrases of the Kings honour , false English. COVNS . But this cannot concerne many , & for my self , I am sure it concernes me little . IVST . It is true my Lord , and there are not many that disswade his Majestie from a Parliament . COVNS . But they are great ones , a fewe of which will serue the turne well enough . IVST . But my Lord , bee they neuer so great ( as great as Gyants ) yet if they disswade the King from his ready and assured way of his subsistence , they must devise how the K. may be else-where supplied , for they otherwise runne into a dangerous fortune . COVNS . Hold you contented Sir , the King needes no great disswasion . IVST . My Lord , learne of me , that there is none of you all , that can pierce the King. It is an essentiall property of a man truely wise , not to open all the boxes of his bosome , even to those that are neerest and deerest vnto him , for when a man is discovered to the very bottome , he is after the lesse esteemed . I dare vndertake , that when your Lordship hath served the King twice twelue yeares more , you will finde , that his Majestie hath reserved somewhat beyond all your capacities , his Majestie hath great reason to put off the Parliament , as his last refuge , and in the meane time , to make triall of all your loues to serue him , for his Majestie hath had good experience , how well you can serue your selues : But when the King finds , that the building of your owne fortunes and factions , hath beene the diligent studies , and the service of his Majestie , but the exercises of your leisures : Hee may then perchance cast himself vpon the general loue of his people , of which ( I trust ) hee shall never bee deceiued , and leaue as many of your Lordships as haue pilfered from the Crowne , to their examination . COVNS . Well Sir , I take no great pleasure in this dispute , goe on I pray . IVST . In that Kinges 5 th yeare , hee had also a subsedy , which he got by holding the house together from Easter to Christmas , and would not suffer them to depart . He had also a subsedie in his ninth yeare . In his eleventh yeare the Commons did againe presse the king to take all the temporalities of the Church-men into his hands , which they proved sufficient to maintaine 150 Earles , 1500 knights , and 6400 Esquiers , with a hundred hospitals , but they not prevayling , gaue the King a subsedy . As for the notorious Prince , Henry the fift , I finde , that he had given him in his second yeare 300000 markes , and after that two other subsedies , one in his fifth yeare , another in his ninth , without any disputes . In the time of his successour Henry the sixt , there where not many subsedies . In his third yeare , he had a subsedy of a Tunnage and Poundage . And here ( saith Iohn Stom ) began those payments , which wee call customes , because the payment was continued , whereas before that time it was granted but for a yeare , two , or three , according to the Kings occasions . Hee had also an ayde and gathering of money in his fourth yeare , and the like in his tenth yeare , and in his thirteenth yere a 15 th . He had also a fifteenth for the conveying of the Queene out of France into England . In the twenty eight yeare of that King was the acte of Resumption of all honours , townes , castles , Signieuries , villages , Manors , lands , tenements , rents , reversions , fees , &c. But because the wages of the Kings seruants , were by the strictnes of the acte also restrained , this acte of Resumption was expounded in the Parliament at Reading the 31 th yeare of the Kings reigne . COVNS . I perceiue that those acts of Resumption were ordinary in former times ; for King Stephen resumed the lands , which in former times hee had giuen to make friends during the Ciuill warres . And Henry the second resumed all ( without exception ) which King Stephen had not resumed ; for although King Stephen tooke backe a great deale , yet hee suffered his trustiest seruants to enjoye his gift . IVST . Yes my Lord , & in after times also ; for this was not the last , nor shall be the last , I hope . And judge you my Lord , whether the Parliaments doe not only serue the King , whatsoeuer is said to the contrary ; for as all King Henry the 6 , gifts & graunts were made voide by the Duke of Yorke , when he was in possession of the kingdome by Parliament . So in the time of K. H. when K. Edw : was beaten out again , the Parliament of Westminster made all his acts voyde , made him & all his followers traytors , & gaue the King many of their heads & lands . The Parliaments of England do alwaies serue the King in possession . It seru'd Rich. the second to condemne the popular Lords . It seru'd Bollingbrooke to depose Rich. When Edw. the 4. had the Scepter , it made them all beggars that had followed H. the 6. And it did the like for H. when Edw. was driuen out . The Parliaments are as the friendship of this world is , which alwayes followeth prosperity . For K. Edw. the 4 : after that hee was possessed of the Crown , he had in his 13 yeare a subsedy freely giuen him : & in the yeare following hee tooke a benevolence through England , which arbitrary taking frō the people , seru'd that ambitious traytor the Duke of Bucks . After the Kings death was a plausible argument to perswade the multitude , that they should not permit ( saith Sir Thomas Moore ) his line to raigne any longer vpon them . COVNS Well Sir , what say you to the Parliament of Richard the third his time ? IVST . I finde but one , and therein he made diuerse good Lawes . For K. Henry the seuenth in the beginning of his third yeare hee had by Parliament an ayde granted vnto him , towards the reliefe of the Duke of Brittaine , then assailed by the French King. And although the King did not enter into the warre , but by the advice of the three estates , who did willingly contribute : Yet those Northerne men which loued Richard the third , raised rebellion vnder colour of the mony impos'd , & murthered the Earle of Northumberland whom the King employed in that Collection . By which your Lordship sees , that it hath not beene for taxes and impositions alone , that the ill disposed haue taken Armes ▪ but euen for those payments which haue beene appoynted by Parliament . COVNS . And what became of those Rebels ? IVST . They were fairely hang'd , and the mony levied notwithstanding , in the Kings first yeare he gathered a marvailous great masse of mony , by a benevolence , taking patterne by this kind of levie from Edw. 4 th . But the King caused it first to be moued in Parliament where it was allowed , because the poorer sort were therein spared . Yet it is true that the king vsed some arte , for in his Letters hee declared that hee would measure euery mans affections by his gifts . In the thirteenth yeare hee had also a subsedy , whereupon the Cornish men tooke Armes , as the Northerne men of the Bishoppricke had done in the third yeare of the King. COVNS . It is without example , that euer the people haue rebelled for any thing granted by Parliament , saue in this kings dayes . IVST . Your Lordship must consider , that he was not ouer much belou'd , for hee tooke many advantages vpon the people and the Nobility both . COVNS . And I pray you what say they now of the new impositions lately laide by the Kings Maiesty ? doe they say that 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 this summe , strangers not being inhabitants aboue 16 yeares , 4 ● a head . All that had Lands , Fees , and Annuities , from 20 to 5● , and so double as they did for goods : And the Cleargy gaue 6 the pound . In the thirty seuenth yeare , a Benevolence was taken , not voluntary , but rated by Commissioners , which because one of the Aldermen refused to pay , he was sent for a soldier into Scotland . He had also another great subsedy of sixe shillings the pound of the Clergy , and two shillings eight pence of the goods of the Laity , and foure shillings the pound vpon Lands . In the second yeare of Edward the sixt , the Parliament gaue the King an ayde of twelue pence the pound of goods of his Natural subiects , and two shillings the pound of strangers , and this to continue for three yeares , and by the statute of the second and third of Edward the sixt , it may appeare , the same Parliament did also giue a second ayde , as followeth , ( to wit ) of euery Ewe kept in seuerall pastures , 3 : of euery weather kept as aforesaid 2 ● : of euery sheepe kept in the Common , 1 ● ob . The House gaue the King also 8 the pound of euery woollen cloath made for the sale throughout England for three yeares . In the third and fourth of the King , by reason of the troublesome gathering of the polymony vpon sheepe , & the taxe vpon cloath , this acte of subsedy was repeal'd , and other reliefe giuen the King , and in the kings seauenth yeare hee had a subsedy and two fifteenes . In the first yeare of Queene Mary , tunnage and poundage were granted . In the second yeare a subsedy was giuen to King Philip , and to the Queene , shee had also a third subsedy in Annis 4. & 5. Now my Lord , for the Parliaments of the late Queenes time , in which there was nothing new , neither head money , nor sheepe money , nor escuage , nor any of these kindes of payments was required , but onely the ordinary subsedies , & those as easily graunted as demaunded , I shall not neede to trouble your Lordship with any of them , neither can I informe your Lordship of all the passages and actes which haue passed , for they are not extant , nor printed . COVNS . No , it were but time lost to speake of the latter , and by those that are alreadie remembred , we may iudge of the rest , for those of the greatest importance are publique . But I pray you deale freely with mee , what you thinke would bee done for his Maiestie , if hee should call a Parliament at this time , or what would bee required at his Maiesties hands ? IVST . The first thing that would be required , would be the same that vvas required by the Commons in the thirtenth yeare of H. the 8 : ( to wit ) that if any man of the commons house should speake more largely , then of duety hee ought to doe , all such offences to be pardoned , and that to be of record . COVNS . So might euery Companion speake of the King what they list . IVST . No my Lord , the reuerence vvhich a Vassall ovyeth to his Soueraigne , is alvvaies intended for euery speech , howsoeuer it must import the good of the King , and his estate , and so long it may bee easily pardoned , othervvise not ; for in Queene Elizabeths time , vvho gaue freedome of speech in all Parliaments , vvhen Wentworth made those motions , that were but supposed dangerous to the Queenes estate , he was imprisoned in the Towre , notwithstanding the priviledge of the house , and there died . COVNS . What say you to the Scicilian vespers remembred in the last Parliament ? IVST . I say , hee repented him heartily that vsed that speech , and indeede besides that , it was seditious , this example held not : The French in Scicily vsurped that Kingdome , they kept neither law nor faith , they tooke away the inheritance of the Inhabitants , they tooke from them their wiues , and rauished their daughters , committing all other insolencies that could bee imagined . The Kings Maiesty is the Naturall Lord of England , his Vassals of Scotland obey the English Lawes , if they breake them , they are punished without respect . Yea his Maiesty put one of his Barons to a shamefull death , for being consenting onely to the death of a Common Fencer : And which of these euer did or durst commit any outrage in England , but to say the trueth , the opinion of packing the last , was the cause of the contention and disorder that happened . COVNS . Why sir ? doe you not think it best to compound a Parliament of the Kings seruaunts and others , that shall in all obey the kings desires ? IVST . Certainely no , for it hath neuer succeeded well , neither on the kings part , nor on the subiects , as by the Parliament before-remembred your Lordshippe may gather , for from such a composition doe arise all jealousies , and all contentions . It was practized in elder times , to the great trouble of the kingdome , and to the losse and ruine of many . It was of latter time vsed by King Henry the eight , but euery way to his disadvantage . When the King leaues himselfe to his people , they assure themselues that they are trusted and beloued of their king , and there was neuer any assembly so barbarous , as not to aunswere the loue and trust of their King. Henry the sixt when his estate was in effect vtterly ouerthrowne , & vtterly impouerished at the humble request of his Treasurer made the same knowne to the House , or otherwise , vsing the Treasurers owne words , Hee humbly desired the King to take his staffe , that hee might saue his wardship . COVNS . But you know , they will presently bee in hand with those impositions , which the King hath laid by his owne royall prerogatiue . IVST . Perchance not my Lord ; but rather with those impositions that haue beene by some of your Lordships laide vpon the King , which did not some of your Lordships feare more than you doe the impositions laid vpon the Subjects , you would neuer disswade his Majestie from a Parliament : For no man doubted , but that his Majestie was advised to lay those impositions by his Councell ; and for particular things on which they were laid , the aduice came from petty fellowes ( though now great ones ) belonging to the Custome-house . Now my Lord , what prejudice hath his Majestie ( his revenue beeing kept vp ) if the impositions that were laid by the aduice of a few , be in Parliament laid by the generall Councell of the kingdome , which takes off all grudging and complaint . COVNS . Yea Sir , but that which is done by the King , with the aduice of his priuate or priuy Councell , is done by the Kings absolute power . IVS. And by whose power is it done in Parliament , but by the Kinges absolute power ? mistake it not my Lord : The 3 estates doe but advise , as the priuy Councel doth , which advice if the king embrace , it becomes the kings own acte in the one , & the kings law in the other , for without the kings acceptation , both the publicke & priuate aduices bee but as empty egge-shels ; and what doth his Majestie loose if some of those things , which concerns the poorer sort be made free 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 feare of imparing the one , to wit , the prerogatiue , is so impossible , and the burthen of the other ( to wit ) the lawe so waighty , as but by a branch of the Kings prerogatiue , namely of his remission and pardon , the subiect is no way able to vndergoe it . This my Lord is no matter of flourish that I haue said , but it is the truth , and vnanswerable . COVNS . But to execute the lawes very severely , would be very grievous . IVST . Why my Lord , are the Lawes grievous which our selues haue required of our Kings ? and are the prerogatiues also which our Kings haue reserued to themselues also grieuous ? how cā such a people then be well pleased ? And if your Lordship confesse that the lawes giue too much , why does your Lordship vrge the prerogatiue that giues more ? Nay I will be bold to say it , that except the Lawes were better obserued , the prerogatiue of a religious Prince hath manifold lesse perils then the letter of the Lawe hath . Now my Lord , for the second & third , to wit , for the appointing of Treasurers , and remouing of Counsellers , our Kings haue evermore laught them to scorne that haue prest either of these , & after the Parliament dissolued , tooke the money of the Treasurers of the Parliament , and recalled & restored the officers discharged , or else they haue bin contented , that so me such persons should be remoued at the request of the whole kingdome , which they themselues out of their noble natures , would not seeme willing to remoue . COVNS . Well Sir , would you notwithstanding all these arguments advise his Maiesty to call a Parlament ? IVST : It belongs to your Lordships who enioy the Kings favour , & are chosen for your able wisdome to advise the K. It were a strange boldnesse in a poore and priuate person , to advise Kings , attended with so vnderstanding a Councell . But belike your Lordships haue conceiued some other way , how money may be gotten otherwise . If any trouble should happen , your Lordship knowes , that then there were nothing so daungerous for a King , as to be without money : a Parliament cannot assemble in haste , but present dangers require hasty remedies . It wil be no time then to discontent the subjects by vsing any vnordinary wayes . COVNS . Well Sir , all this notwithstanding wee dare not advise the king to call a parliament , for if it should succeede ill , wee that advise , should fall into the kings disgrace . And if the king be driuen into any extremity , wee can say to the K. that because we found it extreamely vnpleasing to his Maiestie to heare of a Parliament , we thought it no good manners to make such a motion . IVST . My Lord , to the first let me tell you , that there was never any iust Prince that hath taken any advantage of the successe of Councels , which haue beene founded on reason . To feare that , were to feare the losse of the bell , more then the losse of the steeple , and were also the way to beate all men from the studies of the Kings seruice . But for the second , where you say you can excuse your selues vpon the Kinges owne protesting against a parliament , the king vpon better consideration may encounter that finenesse of yours . COVNS : How I pray you ? IVST : Even by declaring himselfe to be indifferent , by calling your Lordships together , and by delivering vnto you , that he heares how his loving subiects in generall are willing to supply him , if it please him to call a Parliament , for that was the common answere to all the Sheriffes in England , when the late benevolence was commaunded . In which respect , and because you come short in all your proiects , and because it is a thing most daungerous for a King to be without treasure , he requires such of you , as either mislike , or rather feare a parliament , to set downe your reasons in writing , which you either misliked , or feared it . And such as wish and desire it , to set downe answeres to your obiections : And so shall the King prevent the calling or not calling on his Maiesty , as some of your great Councellers haue done in many other things shrinking vp their shoulders , and saying , the K. will haue it so . COVNS . Wel Sir , it growes late , and I will bid you farewell , only you shall take well with you this advice of mine , thst in all that you haue said against our greatest , those men in the end shal be your Iudges in their owne cause , you that trouble your selfe with reformation , are like to be well rewarded : for hereof you may assure your selfe , that wee will never allow of any invention how profitable soeuer , vnlesse it proceede , or seeme to proceede from our ▪ selues . IVST : If then my Lord , wee may presume to say that Princes may be vnhappy in any thing , certainly they are vnhappy in nothing more then in suffering themselues to be so inclosed . Againe , if we may beleeu Pliny , who tels vs , that t' is an ill signe of prosperity in any kingdome or state , where such as deserue well , find no other recompence then the contentment of their owne consciences , a farre worse signe is it , where the justly accused shall take revenge of the just accuser . But my good Lord , there is this hope remaining , that seeing he hath beene abused by them he trusted most , hee will not for the future dishonour of his iudgment ( so well informed by his owne experience ) as to expose such of his vassals ( as haue had no other motiues to serue him , then simply the loue of his person and his estate ) to their revenge , who haue only beene moued by the loue of their owne fortunes , and their glory . COVNS : But good Sir , the King hath not beene deceiued by all . IVST . No my Lord , neither haue all beene trusted , neither doth the world accuse all , but beleeue , that there be among your Lordships very just and worthy men , aswell of the Nobility as others , but those though most honoured in the Common-wealth , yet haue they not beene most imployed : your Lordship knowes it well enough , that 3 or 4 of your Lordships haue thought your hands strong enough to beare vp alone the weightiest affaires in the Common-wealth , and strong enough , all the land haue found them to beate downe whom they pleased . COVNS : I vnderstand you , but how shall it appeare that they haue onely sought themselues . IVST : There needes no perspectiue glasse to discerne it , for neither in the treaties of peace and warre , in matters of revenue , and matters of trade , any thing hath happened either of loue or of judgment . No my Lord , there is not any one action of theirs eminent , great or small , the greatnesse of themselues only excepted . COVNS : It is all one , your papers can neither answere nor reply , we can . Besides you tell the King no newes in delivering these complaints , for hee knowes as much as can be told him . IVST : For the first my Lord , whereas he hath once the reasons of things deliuered him , your Lordships shall neede to be well advised , in their answeres there is no sophistrie wil serue the turne , where the Iudge , & the vnderstāding are both supreame . For the 2 d , to say that his Maiesty knowes , & cares not , that my Lord were but to despaire all his faithfull subiects . But by your fauour my Lord , wee see it is contrary , wee find now that there is no such singular power as there hath beene , justice is described with a ballance in her hand , holding it even and it hangs as even now as ever it did in any kings dayes , for singular authority begets but generall oppression . COVNS . Howsoeuer it be , that 's nothing to you , that haue no interest in the kings fauour , nor perchance in his opinion , & concerning such a one , the misliking , or but misconceiuing of any one hard word , phrase , or sentence , will giue argumēt to the K. either to cōdemn or reiect the whole discourse . And howsoever his M● may neglect your informations , you may be sure that others ( at whom you point ) wil not neglect their revenges , you will therefore confesse it ( when it is too late ) that you are exceeding sory that you haue not followed my aduice . Remēber Cardinall Woolsey , who lost all men for the Kings service , and when their malice ( whom hee grieved ) had out-liued the Kings affection , you know what became of him as well as I. IVST . Yea my Lord , I know it well , that malice hath a longer life , than either loue or thankfulnesse hath , for as we alwaies take more care to put off paine , than to enjoy pleasure , because the one hath no intermission , & with the other we are often satisfied , so it is in the smart of injury and the memory of good turnes : Wrongs are written in marble : Benefits are ( sometimes ) acknowledged , rarely requited . But my Lord , wee shall doe the K. great wrong , to judge him by common rules , or ordinary examples , for seeing his Majesty hath greatly enriched and advanced those that haue but pretended his service , no man needes to doubt of his goodnesse towards those that shal performe any thing worthy reward . Nay , the not taking knowledge of those of his owne vassals that haue done him wrong , is more to be lamented , than the relinquishing of those that doe him right , is to be suspected . I am therefore , my good Lo : held to my resolutiō by these a , besides the former . The 1 , that God would neuer haue blest him with so many yeres , & in so many actiōs , yea in all his actions , had he paid his honest servants with evill for good . The 2 d , where your Lordship tells me , that I will be 〈◊〉 for not following your aduice . I pray your Lordship to belieue , that I am no way subiect to the common sorrowing 〈◊〉 worldly men , this Maxime of Plato beeing true . Dolores aex amore animi orga corpus noscuntur . But for my body , my mind values it at nothing . COVNS . What is it then you hope for or seeke ? IVST . Neither riches , nor honour , nor thankes , but I only seeke to satisfie his Majestie ( which I would haue bin glad to haue done in matters of more importance ) that I haue liu'd , and will die an honest man. EINIS . The Authours Epitaph , made by himselfe . EVen such is Time , which takes in trust Our Youth , and Ioy 's , and all wee haue , And payes vs but with age and dust , Which in the darke and silent graue , When wee haue wandred all our wayes , Shuts vp the story of our daies : And from which Earth , and Graue , and Dust The Lord shall raise mee vp I trust . Notes, typically marginal, from the original text Notes for div A10373-e380 Humanum est erra●e● Hen. 5. Hen. 6. Edw. 6. M. R. Eliz. R. Q. E.