-RALEGH- LIBRARY UNIVERSITY OF NORTH CAROLINA Ml Digitized by the Internet Archive in 2011 with funding from University of North Carolina at Chapel Hill http://www.archive.org/details/perogativeofparlOOrale THE Perogative of Parliaments in , i PROVED IN A DI ALOGVB BE. ; TVVEtfftE a covn* SELLOVR OF S TATE, AND A IVSTICE OF PEACE? Written by the worthy Knight \ Sir Waltbr R A HIGH, Dedicated to the Kings Majefty, and to the Meufeof Parliament mw ajjembled, Preferred to be now happily fin chefedift rafted Titles) Ane Printed \6^l / 'A /< . / 1 Ol': Vv L ,<«sm^flj&- ,w, -- ,,M '- ,,!,i mmmmu&mmimmmm To the King, Moft gracious Soveraigne s Ho fe that art fttp- f reft and hetyeleffe are commonly p lent wijhing that the common iUin at fort might be with their fArticuUr mufor* tmes : which diffo* ftion, as ituvn- cbaritable in all men } fo mutt it be in me more dogge-Uke then man- like , to bite the fione tbat ftrooke me : (to wit) the borrowed au- thority of my Soveraigne mfnformidjtewg their armes and hands that Jiang it, are mofi of them al- ready rotten. For I mufi sonfeffe it everjhat they are debts , and not difcontentments Jhat jour Ma~ iefty'hath laid vfph me-fhe dibts And obligation of afriendleffe adverfity, ftrre wore payable in all Kinds jhenthofe of the prober om : A& which >nor A 2 ih 9 rv the leafi of themfhwgh Icanmt difchargej may yet endeavour it. And nstwithfanding my rcflraint hath re- trenched all wayesji* well the wayes of labour and will, as of all other impkyments, yet bath it left with me my cogitations .then which I baue nothing elfe to offer on the Altar of my Love. Ofthefe (moftgraciow Sgvsra?gne)l bane ufed fimepart in the following difputef>etweene aQqiw- fellow of E/iate^and a Iufiice of Peace jhe one dif- fwddiftgjke other per (wading the callmgofa Par- liament. In ail which, fmce the Norman Conqucft {at the leafl fo manias Hi fortes baue gathered) i hatte ' i n fome things in the following Dialogue pre - fented pur Matepe with the contentions andfuc- ceffer. Some things there are, and thofe ofthegreateft, which bee m ft they ought firfi to be refohedon\ I thought fit to range them in the front oftherefljo the end your ijztaiejly may be pleafed to examine your owne great and Princely heart of their accep- tance \$r refu falL The fir ft is, that fttppofttion, that your Maie> (ties Sublets giue nothing but with admtlion ef their owne inter ep ^interlacing in one & the fame a&your ^aiefies relief e i and their own liberties- not thjt your Maie fiies piety was eusr fu(fiec3ed. but becaufe the be jl Princes are euer the the leaftieai. hm? your Maiefiieiudging others by your Jelfe, who have abufedyour Maiefks trufi. Thefedr'd sontimanct of the like &bufe may perfwade the pro - u'tfio® ***** ^, ^ vtfion. Bat this caution\ how euer it feemeth at frfi fight, ymr Majeftyfialt perceive by many ex- amples following but frivolous .The bonds of Sub- tests to their Kings jhouldalwayes be wrought out of Iron the bonds of Kings vnto Subjects but with Cobwebs* TkifipUfwoft renowned Soveraigne) that this trafficke ofaffurances bath beene ofttn vrged^ of which } ij 'the Conditions had beene eafte, our Kings havens eafly kept them ^if hard and preiudiciai, either to their honours or eftates 9 the Creditours haue beene paid their debts with their owns pre* fumption. for all binding of a King by Law vpon the ad- vantage of his neceljity, makes the breath it felfe lawful) in a King, Bis Charters and all other in * ftruments being no other then thefurvwing witnef Jes ofvnconftrained will:9nnc€ps Ron fubjickur niii fuavohmtate libera, tnero moru & ccrta Scientia: Necejfary words in all the grants of a King witnessing that the fame grant t were given freely and knowingly . The fecond resolution will reft in your Maiefty , leaving the new impefitions, all Monopolies, and other gruvames of the people to the confi deration of the Houfe, Provided^ hat jour Matefiies reve- nue be net abated>which if your Maiefty jh nit efufe, it is thought thai the dilutes will lap longhand the if ues will be doubtful; said on t he contrary if your Maiefty vouch fafe it^it may pr chance be filled*, yeelding 7 which (eemttb by the jwndto brave the . A i But- But ( mo ft excellent Prime) what other u it u th'eares of the Wifejbut asthfoundof a trumpet > butting blafted forth afalfo Alar me ^ becomes but common Ayr e * Shall the besdyteld to the feete t certainly it ought 9 when they are grkvedyfor wif- dome mil rather regard the commodity \the# obieB the dijgrace y feeing if the feet lye in fetter $ 9 th& bead cannot be freed, and where the feet feele but their owue painesjhe head doth not enely fuffer bf fartieipiathny but wit hall by confederation of the tviH. Certainly the pint of honour well weighed hath nothing in it to even the ballance,for by your Ma~ iefiiei favour \your Majefty doth not yteld either u an) perfon,or to any power fat to a difpute onelyjn which the Proportion and UMhor proue nothing without a conclufia phich no other perfon or power cm make, but a Majefy :yea, this in Henry the third his time was called a wifedome incomparable. For, the King raifed againe/ecouery hk authority: V or, being in that extremity as he was driuen with the Jtueene and his Children,Qwm Abbat&us & Priorious fans humilibus hofpitia qtfa*rere& p rand h : For the reft, may itpleafe pur Maiefjty to conftder that there can nothing befall your Ma- te fly in matters of affaires more unfortunately then the fummons of Parliament jvitbitt [ucce§t : kA difhonour foperfwaftue and adventurists aa it will not omly find arguments ; but it will take the lea. dwg.if all enemies that fhall offer tkemfelues a> gainft your vMmefiies eft ate . Le Tabourin de la paurefe fie hi& poind cfe breE& .• of which danger cm dijeafe in Primes \th remedy doth chiefly con ft ft in the hue of the people, whtch how it may be had and held, no man knowes better then pur UMaiefty * how to Uofeit^alLmtn hnow^and Know that it is to/i by nothing mors then by the defence of others in wrongdoing*? he onely motiues of mi/chances that euer came to Kings of this Landfince the Conqueft. It is onely \o\iz(moft renowned S over aigne) mafi prepare the way for your Maiefties following deft res* It is louc which obeyes^whichfuffers^whichgiueSy which flicies at nothing : which Love % as well of your Male ft us people , as the love df God to your Maiefty/hat it may alwayes holdjhall bo the con- tinuaU prayers efytur Maiefties moft humble v&ffall) Waiter Ralegfc «s- - -J»- - - ._ ' COVNSEILOVR, DIALOGVE BE* TVVEENE A C.OVN. SELLOVR OF S TATE, AMD A IVSTICE OF PEA GEr •O W Sir,what think you ofM. S Johns tryallinSta*- Chamber/ Iknow that the bruit ranne that he was hardly dealt withall, be- ctufe he was irnprifoned in the Towre,feeing his diflwafion from granting a Benevolence to theKing was warranted by the Law Ivsticb. Surely Sir it was made manifeft at the hea> ring,that bASJehn was rather in love with his own letter; heconfeffed he had feene your Lord fliips letter, before hee wrote his to the Maior of Marlcborouohj\\& in your Lord- ihips lester there was not a word whereto the Statutes by M r .S%M» alleadged,had reference ; for thofe Statutes did condsmne the gathering of money from the Subjcc"t,vnder title of a free gift 5 whereas a' fift,a fixt >a tenth,&c. was fee downe and required. But my good Lord, though divers Shires haue giuen to his Majeftie, forue more, fome ltife, what is this to the Kings debt 2 B Co vns. (f) Co vms. We^know it well eaeugh, but we haugmajiy #fh»r projects, Ivs t. It is true my good Lord : hue your Lordih ip will £rd,thatwh«n by thefe you have drawn many petty fumms from thefubjcftsj&thafe fomctimes fpent as f*£ as they are gatkeredjhis Ma/efty being nothing enabled thereby, when you fhalbe forced to demand your great aide, the countrcy will excufejt felfe is regard of th«r former payments* Covns. What meane you by the great aide ? - I v $ t» I meane the aide of Parliament. Covns* By Parliament, ) w«uld fainc know the rnivk that durft perfwade the King VAto it a forifit fliould fucce^cd ill, in what cafe were he ? J vst ♦ You fay well for your felfe my Lord, and per- chance you that are lovers of your felvesCvnder pardon jdo follow the advice of the late Duke otAlva , who was euer oppofite t<* all refolutiens in bufinsCfe of itnpcreance ; for if the things ^ntcrpr-ifed fucceeded wel,the advice never came in queftion; if ill, ( whereto great vndertaki»gs are comment ly iub/edl:) he then made his advantage byreoaembringhis ©ountrey councell j But my good Lord, thefe referued Poli- titians are not the beft fervants, for he that is bound to ad- venture his life for his Matter, is alfo bound to adventure ius advice, Kcepe not backs councell (faith Ecclefiaftict% ) when it may doe aood. Covns* But Sir,I fpeake it not in other refpe£t then I think it dangerous for the King to affcmblethe three eftates for thereby haue our former Kings alwayes loft fornwhat of their perogatives. And becaufe that you (hall notthinkethat I fpeakc it at randome,! will begin with elder times, where- in the firft contention began betwixt the Kings of this land and their fubjeAs in Parliament. Ivst* YourLord/liipihalldoemea lingular favour. Govms. You know that the Kings of England had no formalParliament till about the 1 8.yeare of Ben ,the firft/or in his 1 7 yeare.for the marriage of his Daughter, the King faifed.a t& vponevv-ry hide of laiod by the advice ©f his pri- vy ii) vy councell alone. Bat you may remember how the fubje&s foonc after the eftabhihment of this Parliament, beganne t$ (land vpon termes with the King, and drew from him by ftrong hand and thefword the great Charter. IrsT. Your Lord ftiip fay es well , they drew from the King the great Charter fey thefword, and bereof the Parlia- ment cannot be accufed, but the Lords. Covns, You fay well, but it was after the eftablifli- ment of the Parliamenc,and by colour of ir,thac they had fo groat daring, for before that time they could not endure tt> hears of Sr. Edwards hrwes^ but reftftcd the confirmation m all they could,although by thofe ^iawes the Subje&s of this Hand were no lefle free than any of all Europe. Just. My good Lord,the reafon is manifeft ; forwbjlc the Normans & other of the French that fallowed th e Con- querour made fpoyle of the Eng/i/b, they would not endure that any thin g but the will of the Conqucrour (hould ftand for Law •* but after a difcent or iwo when shemfelves were become Englijbfo. found themfelues beaten with their own rods,they then bagan to favour the difference between fub- jedlipn and flaveryj&infift vpon the hw m Metim &tuum$L to be able to fay vnto themfelucs,W fete & vives: yea that the conquering Englifh in Ireland, did the like, your Lord- (hip knoi^es it better than I. Covns* I thinke you guefjfe aright : And to the end the fubjeft may know that being a faithful! fetvant to hisPrince he might enjoy his owne life,and paying to his Prince what belongs to a Soveraigne,the remainder was his own to dif- pofe, Henry the firfc to content his Vaifals gaue thena the great Chartered the Charter efFsrrefts. JvsT.What reafon then ha&KJehnto deny the eonfirmatie* Covns, He did not, but he on the contrary confirmed both the Charters with additions^ required the Pope whom he had tkc made his fuperior to ftrengthe himwith igoUebttL Ivst. But your honour knowes, that it was not long after ,th at he repented himfelfe. Ce v n s t It is crue,& he had reafon fo to dojor the Barons B 2 ref|i' _ -. . .* (4) refufed to follow him into France, as they ought to haoe done, and to fay ttue,chi$ great Charter vpon which you in- fill fo rnuchjWas not originally granted Regally and freely; for Henry the firft did vfurpe the K-ingdome, and therefore the better to allure himfelfe againft Robert his eldeft Bro- ther,hee flattered the Nobility and people with thofe Char* tars. Yea King lohn that confirmed them had the like re- fpe£t>fbr Arthur Dukeof2?n7^,was the vndoubted heire of the Growne, vpon whom lohn ufurped. And fo to con. qiude, thefe Charters had their originall from Kings defatto but not de jure. Iv s t* But King lohn confirmed the Charter after the death of his Nephew drthur t wb.cn he was then Rex de iure alfo. Covn s . It is true } for he durft doe no other, Handing accurfed, whereby few or none obeyed him/or his Nobility refufed to follow him into Scotland, and he had fo grieved the people by pulling downe all the Parke pales bef ore har- veft, to the end his Deere might fpoyle the corne j And by feizing the temporalities of fo many Bilhoprick.es into his hands, and chiefly for prattifing the death of the Duke of Brit aine his Nephew, as alfohavi- g loft Normandy to the French , Co as the hearts of all rn^n wereturned from him. ' Ivst« Nay by your favour my Zord,King lohn refto- red K< Edwards Lawes after his abfolucion,* and wrote his lettersin the i 5, ofhisrefgnetoallSheriffes countelrmant ding all former opprefIions,yea this he did notwithstanding the Lords refufed to follow him into France. C o v w s < Pardon me 3 he did not reftore King Edwards Lawes then,nor yet confirmed theCharters,but he promifed vpon his abfolution to doe both : but after his retume out of France. in his \6. yearehsdenyed it,becaufe without fuch a promife he had not obtained re&itucion, his promife b:ing couitrained,and not voluntary. I vst. But what thinkeysu t ,was hce not bound in honour to. perfprrae it. 'CoVNS* (5) Covn s. Certainely no, tor it was determined the cafe of King Francis the firft of France,thatall promifesby him made, whilft he was in the hands of Charles the fift his ene- my, were void, by reafon the Judge of Jionour, which tells Vf he durft doe no other. Ivs t. But King John was not in prifon. Covni, Yet for all that, reftrainc is imprifonmenr, yea/eare it fclfe is imprifonraent, and the King was fubjevt to bath: I know there is nothing more kingly in a kingrhan the performance of his werd j but yet of a word freely and voluntarily giuea»Ncitk*: was ikeC barter otHcnry the firft fo publifhedjChat all men might plead it for their advantage bat a Charter was left(«'« depofitoyxn the hands of the Arch- bifhopof Canterbury for she time, andfoto his fucceifourSf Stephen Langthonfjfao was eoer a Tray tor to theKing,pro. dueei chits Charter jxA fliewed it to th* Barons^hereby en- couraging them to make warre againft the King* Neither- was it the old Charter fimply the Barons fought to haue co - firmed,but they prcfented vnto the King other articles and orders , tending to the alteration of the whole comrao«i- wealth, which when the King refufed to figne, the Barfcns prefently put themfelvss into the field,and in rebellious and outragious fafhion fen? the King word,excepi heconfirmecf thentyhey would not defjftfrom making warre againilhim, till hehadfatisfied them therein. And in condufion»the king being beuayed of all his Nobility , i» erfett was forced to grant the Charter of Magna Charta 9 and Chart a de Fere, (Hty at fuch tiaie as he was inviroaed with an Army in tha Mcadowesof Staynes, which Charters being procured by force, Pvpefffweent after wird disavowed, and threatned to curfe the Barons if they fubonitted noe themfelves as th*y eugUt ta th«ir Sovcraigne Lord, which when the Lords re • fufed to obey,the King ensertai&ed an army of (bangers fat hi* ownc defence, wheiewith having mattered & beaten the Barons, thsy eaUcdin Lewes o{Frattce{t.mo^. vnnaturallre-' folucion)to be their KingNeitbet was Magna Chart* a law an tj*e so. of Henry th% a d . but fimply a Charter which bee B 3 con- y ijonfirmed in *he 2 1 of his reigne, and made it a law in the a 5 . according to Littletons opinion* Thus mucb for the beginning of the Great Chart tfr,which had firft an obfearc birch from vfiurpation, & was fecondly foilered & fljewed to the world by rebellion. I vs t , J cannot deny but that all your Lordlhip hath faid is true $ but feeing tho Charters were afterwards fo many times confirmed by Parliament & made hwes,& that there is nothing in them vnecjuall or prejudicial to the KiBg,doth not your Honour thinke it reafen they mould b® obferued I Cov n s , Yes^and obferued they are in all that the ftatc of a King can permit,for no man is deftroyed but by the lawes of the land , no man diffeized of his inheritance but by the iawes of the land, imprifoned they are by the perogatiue where the King hath caufeto fufpecT: thek loyalty: for were it otherwife, the King fhould neuer come to the knowledge of any confpiracy o* Treafon againit his Perfon or fiate,and lieing imprifoned,yet doth not any man fuffer death but by jthelawofthe land. Ks t. But may it plcafe your Lordmip,were no* Come- wallis, Sharped Hastens imprifoned, hang SO fufpition of Treafon there I C o vn s . They were. but k coft them nothing. Ivst. And what got the King by it?for in the- conclufi- on(befides themurmureof the people) Coniewaliu i Sharpe y & Ho skins having greatly ouerfliot themfeiues, & repented shem 9 a fine of 5 or doQ^was laid on his Majefly for their of* fences,for fo much their diet coft his Majeft y* Cov n s • I know who gaue the advice, fare I am that it was none of mine : But thus / fay, if you confult your me- mory , you fhall find tfcatthofe Kings which did in »heir own times confirms the Magna Chart a , did not onely im- prifon,but they caufed of their Mobility andothers to bse flaine without hearing or tryall, Ivst. My good Lord,ifyou will giue me leauc to fpeake freely,/ fay^hat they are not well advifed that perfwade the King not to admit the Magna Chart a with the former re- fer- (7) tervations.For as the King can never lofe a farthing by ie.as I fliall prove anon: So cxceptExgland were as Naples is,and kept by Garrifom of another Nation, it is impofiblefor a King tfiEngUttdto greatenand mnch himfelfe by any way fo atf"uredly,as by the love of his p.feople^or by one lebdli . on the King hath morelolle then by a hundred yeares obfer • vanceof Magna Chartajrox therein haue our Kings becne forced to compound with Roagues and Rebels, and to par* don them.yea the ftateof the King, the Monarchic, the No- bility haue beene endangered by them. Covns- WellSir,lec that palfe, why fhould not our Kings raife inony &$ the Kings of France doe by their letters and Edifts ofily ? for fince the time of Lewes the 1 1, of whon* ic is faid, that he freed the French Kings of their wardfhip, the French Kings hauefeldorneafletnbled the iUtesfor any contribution. Ivst. I will tell you why : the ftrength of England doth confift or* the people and Y«omanry # the Pcfan ts of France haue no courage nor armes .■ Jn France every Village and Burrough hath a caftle,whieh the French call Chafjteau Vil- lain, every good Cky hath a good Cittadcll,the King hath the Regiments of his guards and his men at armes alwayes sn pay 5 y ea the Nobility of France in whom the ftrength of France confifts, doe alwayes aflift the King in thofe leavies, becaufe themfelves beingfree , they made the fame leavies vpon their Tennants -But my Lordjif you marke it, France was never free in effed from civill warret , and lately it was endangered either to be conquered by theSpaniard,erto be cantonized by the rebellious French themfelves, fince that freedomeof Wardfliip. But my good Lord, to leave this di- greffion, thae wherein I would willingly fatiCfic your Lord- fhipjisjthat the Kings of England haue neuer receiued loffe by Parliament, or prejudice. Covns. No Sir,you (hall find that the fubjects inParlia. ment hauedecreed great things to the difadvantage and dis- honour of ©u* Kings in former times. Iu st. My goodLord,to avoid confuiion , I will make a Shore repitition of them all, and then your Lordlhip may cbjeft where you fee caufe ; And I doubt not but to giue your Lordlhip fatiffa&ion.In the fiKt yeare of Henry the 3* there was no difpute,the houfcgaue the King two (hillings of every plough land within England, and in the end of the fame yeare he had ejcuage paid him ( to wit ) for euery Knights fee two markes in filver. In the fifth yeare of thac King, the Lords demaunded the confirmaeion of the Great Charter which the Kings Councell for that timcprefcntex- c»fed,alleadgingthat thoie priuiledges , were exhorted by force during the Kings Minoritie, and yet the King was pleafed to fend forth his writ to theSheriffes of cuery coun« t:y, requiring them to certific what thofe liberties were, and how ufed,and in exchange of the Lords dem3und, becauf* they prefied him fo violently ,the king required all the caftles & places which the Lords held of his,&had held in the time of his Father,withtho(e Manor s^adLordfhips which they had heretofore wreftad from the Crowne, which at thac time(theKiog being prouided of forcesjtbey durit not deny, in the J 4 yeare he had the 1 5-peny of all goods giuen him, vpon condition to confirme the great Charter i^ot by reafon of the wars in France^ the loffe of Roche/l , hee was then enforced to confent totheLords in all they demanded,in the ioth.of his reigne hee fined the City cf London at 50000, markes* becaufe they had received Lewis of France, in th« 1 1 .yeare in the Parliament at Oxford, he revoked the great charrer,being granted when he was vnder age, & gouerncd by the Earle cf Pembroke and theBiftiop oiwinchefter, in this 1 1 yeare tis* Earle* of Corns-wall in C6*/?*r,Marfhall, Edward Earle of Pembroke^ Gilbert Earle of Gloucefier> Warren, Hereford i Ferrars y & 1¥arv>ickjw& others rebelled againil the King,and conftrajnedhirn to yceld vntothemia what they dsmaunded for their particular intereft , which rebellion being appeafed J he fayled into -France, & in his 15 . yeare he 'had ai 5 a of the temp3rality,& a difme 9c a halfe ©"the fpirituality,and yithall efcuage of eiwry Knights fee* CoVNS* Couns. But what fay you to the Parliament of Weftmm- fier in the 1 6 tb of the King, where notwithftanding the war* of 'France and his great charge in repulfing the JVelfh rebels, he was 6atly denyed the Subiidy demanded. ]u s t . I confeiTe, my Lord, that the houfe excufed them- selves by reafon of their poverty, and the Lords taking of Armes ; in the next yeare it was manifeft that the houfe was praclifed againft the King: And was it not fojmy good Lord, thinke yoir in our two lait Parliaments, for in the firft even thoie whom his Majefty uufted moft, betrayed him in the u- nion, & in the fecond there were other of the great ones ran counter .But your Lordfhip fpake ofdangers of Parliaments, in this, my Lord,there was a denyall, but there was no dan- ger at all : but to returne where I left,what got the Lords by practizing the houfe at that time? I fay that thole that brake this ftafFe upon the King, were overturned with the counter- bufFe, for he refumed all thofe lands which hee had given in his minority, hee called all his exacting officers to accompt, he found them all faulty, he examined the corruption ofo- ther Magiftrates, and from all theie he drew diffident mo- ney to fatisfie hisprefent neceffity, whereby he not onety {pared his people, but highly contented them with an aft of lo great Juftice : Yea Hubert Earle of Kent ,the chiefe Juftice whom hee had moft trufted,, and molt advanced, was found as falie to the 'King as any one of the reft. And for conclu- iion in the end of that yeare at the aflembly of the States at Lambeth ,the King had the fortieth part of every mans goods given him freely toward his debts, for the people, who the fame yeare had refufed. to give the King any thing, when they {aw hee had fqueafed thofe fpunges of the Com- mon-wealth , they willingly yeelded to give him fatis- ra&ion. Couns. But I pray you, what became of this Hubert) whom the King had favoured above all men, betraying his Majefty as he did. Just. There were many that perfwaded the King to C put (10) put him to death,but he could not be drawne to confent,but the King feized upon hiseftate which was great 5 yet in the end hee left him a fufficient portion, and gave him his life becaufe hee had done great fervice in former times : For his Majeity, though hee tooke advantage of his vice, yet hee forgot not to have confideration of his vertue. And upon this occafion it was that the King, betrayed by thofe whom hee nioft trufted, entertained irrangers 3 andgave them their offices and the charge of his Caftles and ftrong places in England. Couns. But the drawing in of thofe Grangers was the caufe that Mar {hall Earle of Pembroke moved warre againft the King. Just. It is true, my good Lord, but hee was foone after flaine inlr eland ^nd his whole mafculine race, ten yeares ex- tinguiihed,though there were five fonnes of them 5 and Mar- Jhallbdng dead, who was the mover and ring-leader of that warr, the King pardoned the reft of the Lords that had af- fiftcdMarfhafl, Coun s . What reafon had the King fo to doe > Just. Becanfe he was perfwaded,that they loved his per- fon,& only hated thofe corrupt Councilors, that then bare the greateft fway under him., as alfo becaufe they were the beft men of warre hee had, whom if heedefcroyed, having" wane with the Frenches had wanted Commanders to have (erved him. Coun s . But what reafon had the Lords to take amies 1 Just. Becaufe the King entertained the PoiBovins, were not they the Kings vaflals alfo? Should the Spaniards rebell* becauie the Spanijh King trufts to the Neapolitans , Por- t agues, M'dlanoies^ and other nations his vaflals,(eeing thofe that are governed by the Vice-royes and deputies,are in po- licy to be well entertained and to be employed , who.would • otherwise devife how to free themfelves ; whereas, being trufted and imployed by their Prince, they entertaine them- felves with the hopes that other the Kings vaflals doe, if the King had called in the Spaniards^ or other Nations, not his Subjefts, en; Subjects 5 the Nobilitie of England had had reafoh of griefe. Coun. But what people did ever ferve the King of 'England more faithfully then the Gajcoynes did,even to the lait of the conquelt cf that Duchie ? Just. Your Lordfhip fayes well 5 and I am of that opinion, that if it had pieafed the Queen of Eng.to have drawn fbme of the chief or the Irifh Nobilitie into Eng. and by exchange to have made them good free-holders in Eng* (he had faved above 2 millions of pounds, which were confumedin times of thofe Rebellions. For what held the great Gafcoigne firme to the Crowne of England (of whom the Duke of Efbernm married thelnheritrix)but hisEarldomeofX^^//in£^- land, whereof the Duke of ' Ejpernon (m right of his Wife} beares the Title to this day? And to the fame end I take it, hath fames our Soveraign Lord given Lands to divers of the Nobilitie of Scotland. And if I were worthy to advife your Lordfhip,, I mould thinke that your Lordfhip mould doe the King great fervice, to put him in mind to prohibite all the Scettijh Nation to alienate and fell away their inheritance here ^ for they fell ing,they not only give caufe to the English to complaine, that theTreafure of England is transported into Scotland, but his Majeftie is thereby alfo frustrated of making both Nations one, and of afliiring the fervice and obedience of the Scots in future, Couns. You fay well, for though thofe of Scotland that 'are advanced and enriched by the Kings rVla jetties will, no doubt ferve him faithfully, yet how their heires and fuccef- fors,having no inheritance to lofe in England, may be fedu- cedis uncertaine. But letusgoe on with our Parliament. And what fay you to the denyall, in the 26 th yeare of his reigne , even when the King was invited to come into France by the Earle olCMarch, who had married his Mother, and who promifed to affiit the King in the conqueft of many places loft f Just. It is true my good Lord,that a fubfidie was then deni- ed, 8c the reafbns are delivered in Sngllfh hiftories,and indeed the King not long before had fpent much Treafure in aiding C 2 the ^^•^ * ■ '*~ - ^ (12) the Duke of B ritaine to no purpofe; for he drew over the King but to draw on good conditions for himfelfe 3 as the Earle of CMarch his father in law now did : As the Englijh Barons did invite Levees of France not long before, as in el- der times all the Kings and States had done, and in late yeares the Leaguers of France entertained the Spaniards^nd the French Proteftants and Netherlands, Queene Elizabeth, not with any purpofe to greaten thofe that ayde them, but to purchafe to themfelves an advantageous peace. But what •fay the Hiftories to this denyall ? They fay,with a world of payments there mentioned, that the King had drawne the Nobilitie drie. And befides, that whereas not long before great llimmes of money were given, and the fame appointed to be kept in foureCaftles,and not to be expended but by the advice of the Peeres \ it was beleeved, that the fameTreafure was yet unfpent. Couns . Good Sir you have faid enough \ judge you whe- ther it were not a difhonour to the King to be fo tyed, as not: to expend hisTreafure but by other mens advice, as it were by their licence. Just* Surely, my Lord, the King was well advifed to take the money upon any condition , and they were fooles that propounded the reltraint-, for it doth not appeare, that the King tooke any great heed to thofe overfeers : Kings are bound by > their fietie , and by no other obligation. In Queene Maries time, when it was thought that fhee was with Child, it was propounded in Parliament , that the rule of the Realme mould be given to King Philip, during the minoritie of the hoped Prince or Princefle -, and the King offered his afltirance in great fummes of money, to relinquifh the Go- vernment at fuch time as the Prince or Princefle mould be of age : At which motion , when all elfe were Bent in the Houiej Lord D acres (who was none of the wi- feft ) aSked who mail foe the Kings Bonds I which ended the difpute, ( for what Bond is betweene a King and his vaf- fals,then the Bond of the Kings Faith? J Butmiy good Lord, the. King , notwithftanding the denyall at ■ that time, was (13) was with gifts from particular perfbns, & otherwise, (upply- ed for proceeding of his journey for that time into France . he tooke with him 30 Caskes filled with Silver and Coyne, which was a great Treafure in thole dayes. And Jaftly, not- withftanding the fir ft denyall , in the Kings abfencehehad Efcuage granted him (to wit) 20 5 of every Knights Fee. Couns. What fay you then to the 28 th yeare of that King, in which when the King demanded reliefe, the States would not con(ent 5 except the fame former order had bin taken for the appointing of 4 oye'rfeers for the treafuretas alfo that the Lord .chief Juftice 8uhe L.Chancelor mould be chofen by the States 5 with fome Barons of the Exchequer & other officers. Just. My good Lord, admit the King had yeelded their demandsjthen whatfoever had beene ordained by thofe Ma- giftrates to the diflike of the Common-wealth , the people had beene without remedie , whereas while theKing made them, they had their appeale and other remedies . But thofe demands vanifhed.and in the end the King had efcuage giveii him 5 without any of their conditions . It is an excellent ver- tue in a King to have patiencejand to give way to the furie of mens paflions. The Whale when he isftrucken by the filher- man, growes into that furicj that he cannot be refitted, but will overthrow all the Ships and Barkes that come into his way; but when he hath tumbled a while,he is drawne to the (hore with a twind thred. Couns. What fay you then to the Parliament in the 2- ftile, with whom he had (ecretly contracted an alliance,and concluded a Marriage betwixt his fonne Edward and the Lady Elenor. Theft falfe fires doe but fright Children,and it commonly falls out, that when the caufe given is knowne to be falfe , the neceflitie pretended is thought to be fained. Royall dealing hath evermore B-oyall fi.icc.efle: and as the King was denyed in the eight and thirtieth yeare, fo was he denyed in the nine and thirtieth yeare, becaufe the Nobilitie and the people faw it plainely,that the K.was abufed by the Popc,who as well in defpiteto Manfred baftard fbnne to the Emperour Frederickjhz (econd.-as to cozen the King and to walte him D would needes beftow on the King the Kingdome ot Sicily-, to recover which, the King lent all the Treafare he could borrow or fcrape to the Pope,and withall gave him letters of credence, for to take up what he could in Italy 9 the King binding himfelfe for the payment. Now, my good Lord, the wildome of Princes is feene in nothing more then in their enterprifes. So how unpleaiing it was to the State of England to confiime the Treafure of the Land, & in the con- quetl of Sicily fo farre off,and otherwife,for that the Englijh had loft Normandie under their notes, and fo many goodly parts of France, o£ their own proper inheritances : the reafon of the deny all is as well to beconfidered as thedenyall. Couns. Was not the King alfo denyed a Subfidie in the fortie firft of his reigne ? Just. No,my Lord : for although the King required mo- ney as before, for the impoffible conqueft of Sicily , y«t the Houfe offered to give 52000 marks, which whether he refu- fed or accepted, is uncertaine : and whilft the King dreamed of Sicily 3 the Weljh invaded and fpoyled the borders of Eng- land; for in the Parliament of London, when the King urged the Houfe for the profeewting the coqueft of Sicily, the Lords utterly difliking the attempt, urged the profecuting of the -Welflimen (15) Welfhmen: which Parliament being proroged did again afc (emble at Oxford, & was called the mad Parliament, which was no other then an aflembly of rebels,for the royal aflent of the K. which gives life to all Lawes, fbfm'd by the three eftates,was not a royall affentAvhen both the K.& the Prince were coftrained to yeeld to the Lords. A conftrained content is the content of a Captive & not of a K.and therefore there was nothing done there either legally or roy ally.For if it be not properly a Parliament where the fubjecT: is not free,cer- tainely it can be none where the King is bound,for all king- ly rule was taken from the King, and twelve Peeres appoin- ted, and as fome Writers hive it 24. Peeres, to governe the Realme,and therefore the aflembly made by JackJStraw and other rebels may afwell bee called a Parliament as that of Oxford. Princips nomen habere jion efi ejfe princepsfor there- by was the K. driven not only to copound all quarrels with the French, but to have meanes to be revenged on the rcbell Lords:but he quitted his right to Normandy, Anjon StAfayne, Couns. But Sir. what needed this extremity, feeing the Lords required but theconfirmation of the former Charter, which was not prejudiciall to the King to grant > Just. Yes my good Lord, but they in ful ted upon the King, & would not differ him to enter into his own Caftles^, they putdowne the Purveyor of the meate for the mainte- nance of his houfe, as if the King had been a bankrupt, and gave order that without ready money he fhould not take up a Chicken. And though there is nothing againft the royalty of a King in thefe Charters (the Kings of England being Kings of freemen and not of (laves ) yet it is fo contrary to to the nature of a King to bee forced even to thofe things which may be to his advantag;e,as theKing had fome reafon to feeke the difpenfation of his oath from the Pope, and to draw in Grangers for his owne defence : yea jure falvo Co- rona no fir a is intended inclusively in all oathes and promifes exafted from a Soveraigne. CouN.Butyou cannot be ignorant how dangerous a thing if is to call in other nations both for the fpoil they make, as alfb 3 (16) fo, bccaufe they have often held the pofleffion of the beft places with which they have beene trufted. Just • It is true my good Lord, that there is nothing fo dangerous for a King as to be conftrained and held as pri- * foner to his vaflfals, for by that, Edwardthe. fecond 3 and Ri- . chard the fecond loft their Kingdomes and their lives. And for calling in of (gangers, was not King Edward the fixth driven to call -in ftrangers againft the Rebels in Norfolke, Cornewall, Oxfordfhire and clfewhere ?Have not the K s .of Scotland beene oftentimes conftrained to entertame ftran- gers againft the Kings of England: And the King of England at this time had ha not bin diverfe times aflfifted by the Kings of Scotl.had bin endangered to have been expelled for ever. Couns. But yet you know thofe Kings were depofed by Parliament. Ju s t. Yea my good Lord being Prifoners, being out of pofleffionjand being in their hands that were Princes of the blood and pretenders. It is an old country Proverbe, (that Might overcomes Right) a weafce title that weares a ftrong fword,commonly prevailes againft a ftrong title that w r eares but a weake one,otherwi(e Philip the fecond had never been Duke of Portugal, nor Dukeof Millayne ; norK. of Naples 8c Sicily. But good Lord, Errores non funt trahendi in exem- plnm. I fpeake of regall, peaceable, and lawfull Parliaments. The King at this time was but a King in name^for Glocefter 3 Leicefter and Chichefter made choife of other Nine, to whom the rule of the Realme was committed, & the Prince was forced to purchafe his liberty fro the Earle of Leicefter, by giving for his ranlbme the County Pallatine of Chefter. But my Lord let us judge of thole occasions by their events, what became of this proud Earle ? was hee not foone after flaine in Evefham ? was he not left naked in the field, and left a fhamefull fpe&acle, his head being cut off from his moul- ders, his privie parts from his body 3 &:laid on each fide of his nofe ? And did not God extinguish his race ; after which in a lawful! Parliament at Weftminfter ( confirmed in a follow- ing Parliament of Weftminfter) were not all the Lords that • • followed folio wedLeyeerter diftiinmcd? And when that foole Glo«a e aker the death oj Ley cefter Y whom hee had formerly rbrfc - ken >adehimlelfe the head of | fccond Rebellion, and cal- led m (hangers, for which not long before he had cried out a* gainlt the King,was not he in the cnd,aftcr that he had fcen? the daughter et fo many of the Barons \ the fpoil e of t h £irCa itlcs.and Lordfliips contained tofubmit himfelfe, as all th« lumvcrsdid.or which they that fpedbeft, payd their fine* .ndranlomcs, the King reserving his younger fW the harledomes or Ley cefter and Derby. Covns : Welliir, we have difputcd this King to the grave though it be true,that he out lived all his enemies,* brlugh. them to conrufion, yetthofe examples did not terrific their iucceffors, butiheEarlcMarftiall, and Hereford, threatned King Edward the firft, with a new Warre. Jvst. They didfo, but after the death of Hereford the Earle Marpiall repented himfelfe, and to gaine the Kings fa- vour, he made him heire of all his Lands. But what istnis to the Parliament? for there was never K. of this land had r*orc given him for the time or bis raigne, then EdwardxU Sonne or Henry the third had. Covns. H<#w doth that appeared hr s t. In this fort my good Lord,in this Kings third years he had given him the fifteenth part of all goods. In his fixt ycare a twemith.Inhis twelfth yeare a tw«ntyeth 9 in his four- teenth yeare he had efcuage (to wit) forty /hillings of every Knights Fee, in his eighteenth yeare he had the eleventh part of all moveable goods within the Kingdome,in his nineteenth yeare the tenth part of all Church livings in England, Scot- land and lreland ; f©r fixe yearly agreement from thcPepe, in his three and twentieth yeare heraifed a taxe vpon Wcolf and fcls,and on a day caufed all the religious houfesto be fear- ched, and all thetresfurc in them to be feized and brought to hiscoifers r excufing himfelfe by laying the fault vpon his Treafurer b he hsd alio in the end of the fame yeare,ofall goods of ai! Burgcffes,& of theCommons the i oth part, in the 2 5th years of g Parliament o£$t. Edmunds bury J\thz& an 18th pare *f the goods of the Burgefles, and of she people in general!. (is; the tenth parti Hee tud alio the fame yearc by putting the Giergie out of his prote&iou a fife pare of their goods, and in the fame yeare he tec a great taxe vpon Woolls, to wit, from halfe a niarke to 40 s* vpoa every facke, whereupon the Earle ,was one or the chiefeft of the Lords that procured it. And 36et finding theKings affection to follow him fo ftrongly,they all confeuted to have him recalled. After which when his credit fo encreaied, that he difpif«d and fet at naught all the ancient Nobility , and not onely perfwaded the King to all manner of outrages and riots , but withalltranfpoited what hee lilted of the Kings Treafure, and Jewels , the Lords vr- ged his bani&ment the fecond time, but neither was the firffc nor fecond banilhment forced by Act of Parliament , but by the forceable lords his Enemies. Laftly he being recalled by the King, the Earle of Lancafier caufed his head to be Uric- ken off, when thole of his party had taken him prifoner. By which prefurapcuous Aft, the Harle and the reft of his coil* pany committed Treafon and murder, Treafon by railing ^n Army without warrant, murder by taking away the life ofthe KingsSubjccT* After which Gauefton being dead,the S fencers g@c poilcflion of theKings favor,though the younger of thena was placed about the King, by the Lords therafelves. Covn. What fay you then to the Parliament held at Lon- don about the fixt yeare of that Kiug» Jvs t. I fay that King was not bound to performs the acls or this Parliament 9 becaufe the Lords being coo ftrong for the Kmg s inforced h:s confent, forthefe be the words of our owncHiftory. They ^refledtoemueh btjond the bounds of reafqn. Covn. Wha: fry you tothd Parliaments ofthe White wands in the i gth ofthe King. Jvst. I fay the Lords that were fo moved, came with an Army, and by ftrong hand furprized the King, they con drai- ned, (fayth the ftory ) the reft ofthe lords and compelled many ofthe Bifhops to confent vnto them , yea it fayth fur- ther, that the K * ""*' " ' ""' -r«d (2<>; tid t (t& wit) forthe banilhment of the Spencers.Ya they Wt*rc ia inlolent that they refufed to lodge the ^ueene comming through Kent in theCaftleof Leedes f u\d fentherto provide her lodging where fhe could get it fo late in the night , for which notwithstanding feme that kept her out were foone af- ter taken and hang'd, and therefore your Lordfliip cannot cali this a Parliament for ths reafons before alleaged. Buc my Lord what became of thefe Lawgivers to the King, even when they were grcateft , a Knight of the North called Andrew Herk^ley, alfetnbled the Forces of the Countrey, o* verthrcw them and their Army , flew the Earle of Hereford^ and other Barons , &ooke their genexaWTbomas Earleof Lan* cafier, the Kings cozsn-germane at that time poffetfed of five Earledomes, the Lords Clifford, Talbort y tJMoubray^ Man- dint ;Wi!lington, Warren, Lord D arc y t Withers, Knevill 9 L,ey bourne, B ekes, Level/, Fit^willtams, Watervild , and divers other Barons, Knights and Efquiers, and foone after the Lord Percy, and the Lord Warren tooke the Zords Bald* femere, and the Zord Audley, the Zord ft is, Gijford, Tu. chet, and many others that fied from the battaile , the more of which paft vnder the hands of the hangman, for conihai- siing the King vnder colour and name of a Parliament. But this your good Zordfhip may jadge, to whom, thofe tumul- tuous a(remblies( which our Hiftories. falfely call Parliaments have beene dangerous, the King m the end ever prevailed , and the Zotds loft their lives, and eftates. After whick the Spencers in their banifhm£ntat7V%,in the i «: thof theKing, were reftored r© the honors and eftates, andUberein the King had a fubfedy given him the fixe penny of goods throughout England, Ireland, and Wales, Covn» Yet you fee the Spencers were foone after diflblved. Ivst» It is true my Zord, but that is nothing to our fub- ie£r, of Parliamentjthcy may ihanke their owne infolcneie/or tbey branded and difpifed the Queene, whom they ought t© Haave honored as die Kings wife; they were alfo exceeding gree- dy,and buile themfdves vpon other mens mines , tbey were ambitious and exceeding malicious, whercvpon that came, that («) that whca Cfeamberlaine S fencer washtiig'din Hereford^ part of th» 24th P/*to* was vrrictcn over his head : gmid gioriari* in malitia patens ? ""^ Covns. Well Sir, you have all this while excufed your kite vpon the ftrength and rebellions of the Lords,but what lay you now to King Edward the third, in tthofe time ( and during the time o£ this victorious King, no man durft take Armes or rebell) the three eftates did him the greatelt affront that ever King received or endured , therefore I conclude where i began , that thefe Parliaments are dangerous for a King, J vst. To anfwer your Lordfliip in order, may it pkafe you rirft to call to mind , what was given this great King by his Subjects before thedifpute betwixt him and the houie happened, which was in his latter dayes,frorn his firit yeare, tohis lift yeare there wis nothing given theKmg by hisbub* jeclrs, In his eight yeare at the Parliament at London a tenth and a fifteenth was granted, in his tench yeare hee ceafed vpon the Italiam goods here in Exg/andtohis owne vfc, with all the goods of the ^Jplonkes Cfonucp and others, of the order of the Cifiertiam^ In the eleaventh yeare, he had given him by Parliament a notable reliefe,the one halfe of the Wooils throughout England], and of the Clergie all their Woolisjafrer which, in the end of the yeare hee had granted in his Parliament at Wefttmnfter , forty {hillings vpon every facke of Wooll,andror every thirty wooll fcls forty (hillings, for every laft of lcatherne , as much , and for all other mer- chandizes after the fame rate. The Ki^gpromiflr.gth^tthis yeares gathering ended, he would thenceforth content him- felfe wish the old enftoa^e, he had over and above this great ayde the eight part of sll goods of ail Citizens and Burgeilcs; asd of other as of forreigue Merchants, and fueh as lived not of the gaiaeof breeding of Iheepe and eattell the fifteenth of their goods. Nay my Z-crd : this was net all, though more then ever was granted to any King, for the fame Parliament beftowed on the King the ninth (heafeof all the come witK in the Land, the ninth fleece, and the. ninth larobe for two D 3 yeares yeares next following j now what tUakeyourLordmip of this Parliament, Covn. 1 fay they were honeft men. Ivst. And 1 fay , the people are as loving to th«ir King now, as ever they were, if they be honeltly and wifely dcak Withall, and fo his Ma;citie hath found theminhis laflrwo Parliaments, if his Majef-tiehadnot beene betrayed by thofe whom he moft trufted. Co vn $ . But I pray you Sir, who (hall a King truft, if he may nottruft thole whom he hath fo greatly advanced I IvsT f I will tell your Lordfhip whom the King may truth Covn, Who are they? Jvst. His owne reafon , and his owne excellent Judge- ment which have not deceived him in any thing, wherein his Majeftyhath beene pleafedto exercife them, T*k$ Councell ef thine hearttfaith. the booke of Wifedome ) for there is none more faithfullvnto thee then it. Covm. It is true, but his Majeftiefound that thofe wan- ted no judgement whom hee trufted , and how could his Maieftie divine of their honefties . ? Ivst. Will you pardon meeifl fpeake freely, for if I fpeake out ofcloue, which fas Salomon (aith)covereth a/I tref- patfet) The trueth is, that his Miieitic would never belceve any man that fpakeagainit them , and they knew it well c» nough, which gave thesn boldnefle to doe what they did. Covn. What was that? Jvst. Even^raygood Lord 5 torimie the Kingseftace fo farre as the ftate or fo great a King may Eeruin'd by men am- bitious and greedy without proportion. It had beene a brave ancreafe of revenue, my Lord, to have ray fed 5 ooool. land of the Kings to 20000I. revenue, and to raife the revanueof wards to aooool, more, 40000!. added to the reft of his Ma. icftiese(tate 3 had fo enabled his Maieftie, as hee could never have wanted, And my gaod Lord 3 it had beene an honeft fer- vice to the King, to have added 700c! Lands of theZord Cob* kams, Woods and goods being worth 3 ooool, more. O /N (*J) Covn, I know not the reafon why it was not done, Ivst. Neither doth your Zordflnp , perchance know the reason why the I oo® ol. offer' d by Swi>merten for a fine of the Frtncb wines, was by the then Lord Treasurer conferr'd on D evonjhire and his AH fir is . Covn. What moved the Treafurer to reieft and crofle that railing of the Kings lands? Ivs t. The reafon, my good Lord, h manifeft, for had the land beene raifed , then had the King knowne when he had given or exchanged land , what nee had giuen or exchan* ged. CoVNSf What hurt had that beene to the Treafurer whofa Gflice is truely towiorme the King of the value of all thathegiveth ? ;. ... Ivs t. So hee did when it did not concerne himfelre nor his particular, for hee could never admit any onepeeceofa good Manour to patfe in my Lord Aubigms booke or i ooo I. hnd, till hee himlclfehad bought, and then all the remaining flowers oftheGrowne were culled out. Now had the Trea- surer fufferd the Kings lands to haue beene raifed,now could his Lordfliip have made choyce ©f the old rents, as well in that booke of my Lwd Aubigne&in exchange of Theobalds, for which hee tooke Hatfield in it, which the greateft fubjeft or favorite Queene £/&*M& had neuer durft. haue named viuoneVby way «r gift ct exchange, Nay my Zord,fomany other goodly Manners have palled from his Maieftie, as the very heart of thekingdomc .mourneth to remember it, and the eyes of the kingdomc fliedde teares continually at the beholding it: yeathefoule of the kingdome is heavieunto death with the eonfideranon thereof, that [o magnanimous a Prince, mould fugcr hknfclfe to be fo abufed. Covns. But Sir you knowe that Cobhams lands were entaylcdvponhisCofens. Ivsi. Yea my LoxL but during the U*es and races or Gear re Brooke his children, it had teene the Kings, that is to fay,foreuerineffea,bucte wreft the king, and to draw the inheritance vpon himfelfe,hee perfwadsd his Maieibe to r<*- (»4-> Hequim his intcreft for a pretty fumme of money $ and that there might be no counterworking, he fent Brooke 6q ool.to make friends, whereof bimfilfe had 2000I. backe againe, Bttckburft and Bttrwic'ke had the other 4oool.and theTrea- furcr and his heires the malic of land forever. Covns. What then I pray you came to the King by thi s g*eat confifcariom Jvst. Myxoid, the Kings Majeftie by all thofe goodly poifedions, Woods & goods loofeth- 500I. by theyeare which he giveth in penfion to Cobham. to maintainehim in prifon. Gov. Certainly, even in confeknee they fhould have ret ferved fo much of the land in the Crowne, as to have given Co^m meaceandapparelljand net made themfelves (o great gainers, aadthe King 500I. {per annum) loofer by the bar- gains, but it's paft : C onjilium non efi eorum qua fieri neqne* ttnt Jvst, Take the reft of the Sentence,my Lord : Sedconfi. Hum verfatur in ijs qua font in noftra poteftate. It is yet, my good \jo{&jnpoteflateRegisjLo right feimfelfe, But this is not all my Lord j And I feare me, knowing your Lordfliipslove to the King, it would put you in a feavertoheareall, I will therefore goe on with my Parliaments, Covn. I pray doefo, and amongft the reft, I pray you what fay you to the Parliament holden at London'vsx the fu> te«nth ye3re of King Edward the third? I vst. I fay there was nothing concluded therein to the prejudice of the King* It is true, that a little before the fitting ofthehoufe, the King difplacedhis Chanccllour and his Treafurer , and raoft of all his ludges and Officers of the Ex- chequer , and committed many of them to prifon , becaufe they did not fupply him with many, being beyond the Seas, for the reft, the States ailembledj befought the King that the lawesof the two Charters might bee obferved , and that the great 0§icers of the Crowne might be cfeofen by Parlia» menr, Covn. But what fucceGe had thefe petitions. Ivst» The Charters were obferved, as beforehand fo they wilt t*tt : will be ever, and the other petition was reic&ed, the King b« ing pleafU notwithstanding, that the great Officers, (hould take an oath in Parliament to doe Iufhce. Now for the Par- liament of tf^/fw/"/^, intbeiyth yeare-of the King, the King had three narkes and a haifefor every fac-ke of Woott, tranfported; and in hi* 1 8 th he had a x oth of the Clergie.and a 1 5 eh of the Laity for one yeare. His Maicftic forbare after this to charge his Subie&s with any more payments, vntill tbeaoth ©fhisreigne, when there was given the King by .Parliament 50 for every fackeofWooll tranfported for fixe yeares,by which grant; the King received a thoufand market a day , a greater matter then a thaafand pounds in thefe dayc«,anda looel. a day amounts to 3*'5©«ol,ayeare,whick was one of the greateft paefems that ever was giyen to a King of this land. For befides the chcapenetTc of all things in that age, the Kings fouldiers had but 3d. a day wages, a rn an atarraes 6* d» a Knight but 2 s. In the Parliament xx.fr efimin- Jter $ \a the 3 3th yeare he had 26s*8d. for every facke ofWooll tranfported,and in the42th yeare } difmes and 3 fifteens, la his 45 th yeare he had 5oooeU of rhe Zaity, and becaufe the Soiritualtydifputedit , and did not pay fo much, the King changed his Chancellour, Treafurer,and privy Seale, being Bifaops, and placed Lay- men in their roome. Covn» It feemestbatin thofc dayes fifce Kings werd no longer in love with their great Chancellors, then when tiny dtferved well of them. Jvs t. No my Lotd,they were ootjandthat was the reafon they were well ferved,and it was the enftome then,& in many ages after ,to change the Treafarer and the Chancellour every ;. |f ' ., 3 years,& withall to beare all mens complaints againft them. ';" Covn: But by this often change, the fay ing is verified, < ' ^yf that there is no inheritance in thefavour of Kings. Bee that ] r "i keepeth the Hgge-tree {faithS *l omen) (hall eate the frttit there, of 5 for reafon it is that the fervant live by the M after. J vst. MyLord,fou fay well in both,but had thefubjeeT: an inheritance in the Princesfavoar, where thePrince hath no inheritance in the Subjects fidelity, then were^Kings in more E vnha|g iPa (2*; vnhappy cftate then common perfons, For the reft, Salomon meaneth not, that he that keepetk thefigge-tree mould furfet, though he meant he mould eate i hee meant not hee fliould fereake the branches in gathering the figs, or eate the ripe,and leave the rotten for the owner or the tree j for what faith hea in the following chapter, he faith that he that make th haft to be rich y cannot be innocent. And before that,hefaitlvW the fffd of an inheritance hafti/y gotten, cannot be bleffed. Your Lord Hi ip hath heard cf few or none great with Kings that foave not vfed their power to opprette, that have not grownc infolent and hatefull to the people;yea,iaf©lent towards thofg Princes that advanced them, Covns* Yet you fee tjiat Princes can change their fancies. I vst. Yea my Lord, when favorites change their faith when they forget that how familiar foever Kings make then** felves with their Vaflals, yet they aK Kings : He that provo- heth a King to anger (faith Salomon) finneth againfi hi* oven Joule. And he further (atthjihn pride goeth before diftrttblion 9 and a high mind before a fall. 1 fay therefore, that indifchara ging thofe Xueifers , how deare foever they have beene, Kings make the world know that they have more of fudge- mentthenofpaflion , yea they thereby offer a fatiffaclory facrirlce to all their people, too great benefits of fob/efts to their King, where the mind is blownc vpwith their ©wne defervings, and too great benefits of Kings conferr'd vpon aheir Subjects , where the mind is not qualified with a greag dealeofmodefty are equally dangerous. Of this later and infolenter, had King Richard the fecond delivered vp to Tij- $ice but rhree or foure, he had ftill held the love of the peo- ple, and thereby his life and eftate. Covws. Well, Ipiayyou goe on with your Parlia^ wents. Ivst, The life of this great King Edward drawes t© an end, fo doe the Parliaments of this time, wherein 50 yeares raigne, he never received any affront 3 for in his 49th year* he bad a difmc arjd a fifceeoe granted him freely. Covns, But Sir it is an olde faying , that all is well that ends well : Iudge you whether that in his 5 oth yearc in Par- liament at Weftminfter hee received not an affront, when the hoafe urged the King to remove aid difcharge from his pre- tence the Duke or Lancafter^hc Lord Latimer his Chamber- lains, Sir Richard Starry and others whom the King favoured andtrufted. Nay, they pretfed the King to thruft a certaine Lady out of the Court, which at that time bare the greateft fway therein. Ivst. I will with patience anfwere your Lordfliip to the full , and firft your Lordfliip may remember by thac which 1 even now faid, that never King had fa many girts as this King had from his fubjetts, and it hath never grieved the fubiects of England to give to their King , but when they knew there was a devouring Lady, that had her (hare in all things that patted, and the Duke of Laneafier was as fera- ping as iliee , that the Chancellour did eate up the people as faft as cither of them both. It grieved the fubiecTs to feede thefe Cormorants. But my Lord there are two things by which the Kings of England have beenepreft, (to witjl by their fubk&s, and by their owne neceflities. The Lords in former times Were farre Wronger , more warlike, better fol- lowed, living in their Countries, then now they are. Your Lordfliip may remember in your reading , that there were many Earles could bring into the field a thoufand Barbed horfes,many a Baron 5 or 6" 00 Barbed- hor fes, whereas now very few of them can furniih twenty fit to ferve the King. But to fay the truth my Lord, the Juftices of Peace in Eng- land^ have opposed the injufticers ef warre in England^ the kings writ runs over all, & the great Seale of England^ wk» thac of the next Conftables will ferve the curne to affront the greateft Lords in England that fliall move againfl the King. The force therefore by which our Kings in former times were troubled, is vanilht away. But the neceffities remaine. The people therefore in thefe later ages , are no lcflTe to bee pleated then the Peeres ; for as the later are become leife, fo by reafon of the trayning through England ', the Copmons E 2 havi ( 2 s; Baveafl the weapons m their hands. Co v n • And was it not fo ever J Ivst : No«iy good Lord ; for the Noblemen had in their Armories, to furnilh fome of tkema tkoufand fomc 2 thou- fand, fome three choufand men, whereas now there are noc waay tbat can arme firry. Covn: Can you blame them 2 But Iwill oaely anfwere for my felfc, betwecne you and roe be it fpoken, I helde jenot iafe to rminttine fo great an Armory or o'iable,it might caufe me, or any other Nobleman to be fufpcc~ted,as the preparing of fo.ne Innovation. Ivst. Why foray Lord, rather to bee commended as preparing againfl all danger of Innovation. Co vn, It mould be fo, but call your obfcrvati&n to ac- compt,an«i yonftall find it as 1 fay,forfindeed)fuch a jealou* He hath beenc held evei* fince the time of the Ciuill wars,over the Military greatnes of our Nobles, as made ahem have little will co bend their ftudies that way es .* wherefore let every man provide aecordingas he is rated in the Mufor Booke, you vnderfland me. J vst. Very well my Lord, as what might be rcplycd in * n e perceiving fo much 5 I have ever (to dcale plainly and freely with your Zordfhip ) more fcar'd at home popular violence, then all the forreinethat can be made, for it can ne- ver be in the power of any forraigne Prince, without a Pa* pi fticall party, rirhcrto difordcror endanger his Maiefties Iftate,. Covn. By this it fecmes , it is uo Uffe dangerous for a King to leave the power in the people,then in the Nobility. Ivst. My good Lord, the wifdome of our owncagc, is ihefoohfhneffe of another, the time prcfent ought not to bee preferr'd to the policy that was, but the policy that was, to the time prcfent, Sothatthepowet of the Nobility being now withered , and the power of the people in the flower, the care to con tent them would not be ncgle&ed , the way to win them often prattized, or at leaft to defend them from »ppreipo% Jhc motive of all dangers that ever this Mona*- cfey hath vndergone , fliouldbce caremlly heeded, for ihis Maxime hath no pofterne , Peteftas httmanaradicatur i» •voluntati'but hominum.And now my Lord, for King Edward it is true, though he were not fubieft to force , yet was hee. fubjed to necellity, which becaule it was violent, hee gave way vnto it, Potcftas [faith Pythagoras) juxt a nece£ttatemL> habitat, And it is true, that at the requeif of the houte he dif- eharged and put from him thofe before named, which done, he had the greateft gift (but one) that ever he received in all his dayes (to wit) from every peifon, man and woman above the age of fourteen yeares, 4I. of old mony, which made ma- ny Millions of Groats, worth 61. of our mony. This he hadin generall, belides he had of every beneficed Prieft, 1 2d„ And o£ the Nobility and Sentry,! know not how muck,for it is not fet down. Now my good Lord, tvhat loft the King by fatif- fying the defires of the Parliament houfc j for aifosne as hee had the mony in purfe, he recalled the Z-ords, and reftored them, and who durft call the King to accompt, when the Af- fembly were difiolved- Where the word »fa King is, there is p oiver^fahh Eec left 'aft icw)who fi all fay vutohim^vfhst doeft then ?lairh the fame Author, for every purpofe there isa time 5c iudgementjthcKing gave way to the time,5t his iudgemene perfwaded him to yecldto neceflSty, Confularitu nemo meli 4 er eft qttam tempas. Cov n. But yet you fee the King was fore'd toyceld to their demands. Ivs t. Doth your Lordfliip semember the faying o>iMon* fteur de Langt, that He that hath the profit of the warre,hath alfo the honour of the warrCj whether it be by battaile or re« treate, the King yon fee had the profit of the Pathamcnt, and therefore the honour alfo , what other end had the king then to fupply his wants, A wife man hath evermore refpeft vn- to his ends : And the King alfo knew that it was the love that the people bare him,tha* they vrged the removing of thofe Zords , there was no man among them that fought himfejfie in that defire , but they all fought the King , as by thefuo $cffe it appeared. My good Losd, feath it not beene ordinary E 3 V ^ (3<>) in EttgUndandm franee to yeeld to the demaunds of rebels, did not King Richard the feeond graunt pardon to the out- ragious roagues and raurtherers that followed lachjStraw % and Wat Tyler , after they had murthcred his Chancellor, his Trcafurer, Chiefe Iuftice and others, brake open his Ex-che- quer, and committed all manner of outrages and villanics, and why did he doe it, but to avoid a greater danger: J fay the Kings have then ye elded to thofe that hated them & their eftates,(co witj to pernicious rebels. And yet without diflio- nour,mall it be called di&onour for the King to yecld to ho- aeftdefires of his fubje&s. No my Lord, thofe that tell the King thofe tales,fcarc their own difhonour,and not theKings; for the honour of the King is fupreame , and being guarded byluftice and piety, it cannot receive neither wound nor ftayne. Covn» But Sir, what caufe have any about our Kingt® fearc a Parliament? Ivs t. The fame caufe that the Earl« of Sufolkje had in JLkhard the feconds time, and the Treafurer Fartham, with others, for thefe great Officers being generally hated for abu- fing both the King andfheSubie&,at thereqtieft oftheStates were difcharged, and others put in their roomes. Covn» Andwasiiot this a dishonour to the King? Jvst, Certainly no, for King Richard knew that his Orand^ather had done the like, and though the King was in his heart vtterly againft it , yet had heftfee profit of this ex- change ; for Suffolk^ was fined at soooo marfce5, and iocol. lands . Govif-x Well Sir, wee will fpeake of thofe that fcarc the Parliament fomc other time, but I pray you goe on with that, that happened in the troublefomc raigneof Richard the feeond who fugceeced , rjbe Grandfather being des«J» Tv s T f That King, my good Zord , was one of the mod vnfonunate Princes that ever Eng/attdhzd, heewas cruell, extreame prod* gall, and wholly carry ed away with his two Mink>n$,S#f&/t JJ &tU$&ukzofJrelafqi i hy whefe ill advice & others, (30 others, He was in dasger to Have loft ftis eftate ; which in the end (being led by men of the like temper) hee miferably loft* But tor his iubfedies hee had given him in his rlr£ yeare be- ing vndcr gge two tenths, and two filrteenes .* ]n which Par- liament, /itiecPeirce, vvho was removed in King Edrvards t«we,with Lancafier^Latimer^ndSturry^cx^ coniifcate and feanHhed, in his fecond yeare at the Parliament at GIocefier t the King had a marke vpon every facke of Wooll.and fiU the pound vpon wards. In hii third yeare at the Parliament at Winck*fter y the Gommons were fpared, and a fubfedy given by the better fort, the Dukes gave 2 o inarkes , and Earles 6 matkes, Bilhopsand Abbots with myters fixe markes, every marke 3 s^d. and every Knigbt, luftice, Efcjuier,Shrieue, parfon, Vicar, and Chaplaine, paid proportionably according to their eftates. Covn. This methinkes was no great matter. Ivsi. It is true my Lord , but a little mony went farre in thofe daye3 s I my felfe once moved k in Parliament in the time of jgueecc Elizabeth j who deiir'ed much to fpare the Common people, and 1 did it by her Comrmnderncnt ; but when we caft vp the fnbfedy Bookes, wee found the fumme but fmall,whenthe 30 1. men were left out,Ia the beginning ©f his fourth yeare,acenrh with a fifteen were granted vpon condition, that for one whole yeare no fubfedies mould bee demanded - r but this promifewasas fuddainly forgotten as made, for in the end of that yeare , the great, fubfedy of Poll mony was granted in the Parliament at Northampton. Govks. Yea, but there followed the terrible Rebellion of B*kfr % Straw ,and others, Leifier, Wrais, and others. Jvst # That was not the fault of the Parliament my Lord, it is manrfeft that the fubfedy given was not the caufe ; for it is plaine that the bondmen of England began it , beeaufe they were grievoufly preft by their Lords in their tenure of Villenage , as alfo for the hatred they bare to the Law- yers and Actorneyes :for the flory of thofe times fay s that they deftroyedthchoufesandMandursof men ofLaw, and fueh lawyers as they caught, flew t^ena , and beheaded the Lord chiefs m «iucfe luftiee, which commotion being oace begun, the head tnony was by other Rebels pretended : A fire is often kind- led with alicrle Itraw , which oftentimes takes hold cf grea- ter timber, and confumes the whole building : And that this Rebellion was begun by the difccnicnted flaues ( whereof there have beene many in Elder times the like J is raanifeft by the Charter or Manttrmjfion ^ which the King granted, in hac verba ? Riebo Dei gratiafoc Sciat it quod de gratia noftrafti. rituali manwnijjimm ,5cc to which ,, feeing the King was con* {trained by force of Armes , he revoked the Letter t» Patterns, and made them voide , the fame revocation beingftrcnthc- ned by the Parliament enfuing, in which the King had given him a fubfedy vpon Woolls , called a ^JMalettt : In the fame fourth yearewasthe £ord Treafurer difcharged of his Of' ficc ,and Hales Lord of St. Johns chofen in his place.m his fife ycare was the Treafurer againe changed, and theStafTe given to SetraHe, and the £ord Ghancellour was alfo changed, and the ftaffe given totheLotd Seroope -.Which Lord Scrtope was againe in the beginning of his fixt yeare turned off, and the King afcer that he had for a while kept the Scale in his owns hand, gave it to the Bifhop of London, from whom it was foone after taken and bellowed on the Earle o£S*ff*/kf 9 who they fay hadabufed the King,and converted the Kings Trea- sure to his owne vfe. To this the King condifcended , and though (faith fValfinghant) he deferved to ldpfe his life and goods, yet he had the favour to goe at liberty vpon good fure* ties,and beeaufelthcK.was but yoag,and that the reliefe gran- ted was committed to the trail of the Earle cf Arundell for the furnifliing of the Kings Nayy againfc the French, Covn. Yet you fee it was a diftionour to the King to have his beloved Chancellour rcmoVed. Ivs t. Truly no,fortheK.had both his fine I oool lads & afub- fedy to boot And though for $ prefent ifcpleaftd.theK.io fan. cy aman all the world hated(theKs.paflionovercoraminghis judgemcnt)yet it cannot be cal'dadimonor/ortheK-istobi' might might be called a frenzic and a madnefle s for it is the nature of humane paflions,that the love bred by fidelity, doth change it fcif intQhatred,when thefidehtyis fiift changed into falihood, C^^VN. But you fee there were thiaeene Lords chofen in the Parliament , to have the overlight of the government under the King, J v s t. No my Lord, it was to have the overfight of thofe Oincers.wbich^faith rheftoryjhadimbezeledjlewcily wafted, and prodigally {pent the Kings Trealure, ror to the Commit (Ion to thoi g Lords, or to any lixc of them, joy ned with the Kings Count ell, was one or the moll royali and moft profi- table that ever he did,ir he had been conftam to himfelle. But my good Lord,man is the caufc of his owne mifery, for I will repcate the fubftance of the comrmflton granted by the King, and confirmed by Parliament,which whether it had been pro- fitable for the King to have profecuted, your Lord fliip may judge. The preamble hath thefe words : Whereas our Sove- raigne Lord the Kingfsrceiw°thby the grievous complaints of the Lords aud Commons of this Realm y ethat the rents^profits, *nd revenues of this Realme, bj the fingular and inefficient Ceuncell and ' evil I government ^ as well cf fame hid late great Officers, and others^&c, are fo much withdrawne, wafted^, loyued, given, granted, alienated, deftroyed, and evill difpew ded t that he is jo much impoveripjed and void oftreafure and goods y and the [ub ft ance cftheCrowne fo much diminiftjed and deftroyedjhat his eftaet may not honorably fa fuftainedas ap* fertaineth. The King ofhi-s free mil at the Lords and Com« Htonshath ordained William Archbishop ef Canterbury end others with his Chancellour,Treafmer, keeper of his Privie Scale, tofurvey and examine as well the eft ate and gover- - nanceofhishomfe^&c as of all the rents , and profits, and revenues to him appertain eth^ and 1 9 be due, or ought to tfpertaine andhe due ,&i % and all manner of 'gift slants \a lie- nations and confirmations made by him of lands, iejge>»*Htf ? rents \&c. bargained and fold to the prejudice of kin exd his Crown ,&c. and of his Jewels and goods which were his Grand, fathers at the time of his death ^c, and where they be become. p This . (34; This is in effeft the fubftance »f the commiiTion , Which your Lordlhip may read at large in the Booke of S"tatutes,this comraiffion being enacted in the tenth yeare of the Kings reigne. Nom if iuch a corn-million were in thefedaies granted to the faithfull men, that have no intcreft in the fales, gifts, norpurchafes , nor in the keeping of the Ie wells at the jgueenes death, nor in the obtaining graunts of the Kings belt lands, I cannot fay what may be recovered, and iuftly re« covered; and what fay your Lord (hip, was not this a noble acTe for the King, if it had beene followed to effect ? Covns. Jcannottell whether it were or no, lor it gave power to the Commifuonersto examine all the graunts; , ; Jvst* Why my Lord; doth the King grant any thing, that fhamesat the examination ? are not the Kings grants on record ? G o v m . But by your leaue, it is lome difhonour to a King to have his judgement called in queftion, Ivst. That is true my Lord , but in this, or whenfoevcr the like ihall bee granted in the future, the Kings Judgement is not examined , but their knavery that abufed the King. Nay by your favour, the contrary is true , that when a King will fuffer himfelfe to bee eaten vp by a company of petty Fellowes, by himfelfe raifed, therein both the judgement and courage is difputed. And if your Zordfhip will difdaineit at your owne fcrvants hands, much more ought the great heart of a King, to "difdaine it. And furely my Lord, it is a greater treafon (though it vndercreepe the law ) to teare from the Crowne the ornaments thereof : And it is an infallible raaxi- me, that he that loves not his Maicfties ellate, loves not his perfon. Covns , How came it then, that the Acle wai not exe- cuted ? ' Jvst. Becaufethefe, againft whomit was granted, per. fwaded tkeKingtothecourarary : As the Duke of Ireiand t Sitffp/fathc chiefeluftice Trifrfiangi Mothers. yea, that which was lawfully done by the King,, and the great Gouneell ©F 'she kingdoaie, wasfby themaftcry which Ireland, Suffolk? t and >nd Treftlian had over the Kings affeclions) broken and diC- avowed. Thofe that devifcd ro relieve the King , not by any privace intention, but by generall Counccll, were by a pri- vate and partiall afiembly, adjudged traytorSj and the moil honett ludges of the land > enforceia' to fubienbe to that judge- ment. Inibtjjuch, that Iudge BtHznay plamely teld the Duke of Ireland, and the Earle oiSufolke t when hee was conftrais ned to fet to his hand ? plainely told thofe Zords,that h^ wan. ted but a rope, that he might therewith receive a reward for his fubfcriptiom And in this Gourceli of Nottingham was hatched theruine of thofe which governed the King, of the Judges by them conflrained, of the Lords that loved the King, and fought a reformation,aiid of the King himfelfej for though the King found by all the Shreeves of the (hires, that the people would not fight againft the Zords , whom they thought to bee rnoft faithfull unto the Ki*ng, when the Citi- zens of London made thefajneanfwere, beting at that time able toarme 50000 mcn,and told the Major, that they would nevef fight againft the Kings friends , and defenders of the Realme, when the Lord Ralph Bajfet, who was neers the K« told the King boldly, that hee would not adventure to have his head broken for the Duke of Ir elands pleafure, wlaea theLordof Z£z. Bram- 6er, to anfwer ac the next Parliament, thefe men confe/t, that they durft not appearand when Suffolke fled to CW/w,and the Duke of Ireland to Ckefter, the King caufed an army ta be feayied in Lancalhire, for the fafe conduct of the Duke of /r^»dtohisprefence, when as the Duke being encounter red by theLords,rannelik a coward from his company, and fled into Holland. After this was holden a Parliament, which y?as called that wrought wonders, in the eleventh yeare F 2 of e i tlrfs King, wherein theforenamed Zords, the Duke of ire- Und and the reft, were condemned and confifcate, the Ghiefc Iuftice hang'dwith many other s.theretVoi" the Judges con- demned and banifhc,and a i o th and a i 5 th given to theKing , Covn. But good Sir, the King was firil befieged in tht T»wer QiLond9n,to\& the Lords came to the Parliament, and no man diirfl contradict them* Ivst. Certainly in raihug an Army, they committed trca- fon, and though it did appeare, that they all loved the King, (Tor they did him no harme,having him in their power J yet ©urlawdothconftrueallleavying of war without the Kings coramiffion, and all force raifed t© be intended for the death ic destruction ©f rhe K» not attending the fequcll.And it is fo judged vpon good reafon, for every vnlawf ull and ill action isfuppofd to be accompanied with an ill intent, and betides, thole Lords vfed too great cruelty, in procuring the fentence or'death againft d'vers of the Kings fervant$,who were bound to follow and obey their Maftcr and Soveraigne Laid, in that he commanded. Covns. It is true, and they were alfo greatly to blame, to caufe then fo many feconds to be put to death, feeing the principalis, Ireland t Suffolk?) and forks kad efcaped them. And whatreafon had they to fceketo. enforme the State by ftrong hand, was n«t the Kings eftatc as «Jeere to hita/elfe, as to them f He that maketh a King know hiscrror manner- ly and private, and gives him the belt advice, hee is difchar- ged before God and his owne confeience^ The Zords might have retired themfelves, when they faw they could not pre- vaile,and have left the king to his own waies,who had rn©re to loofc then they had. Ivs t. My Lord the taking of Armes cannot be excufed in refpeel of the law, but this might befaid for the Lords that the King being ynderyearesj& being wholly governed by their cnemies,& theEnemiesof thekingdorae,& becaufe by thofc evill mens perfwaCons, it was advifed,how the Lords Should have been murtheredat a feaft inLondon, they were cxcufable Airing the kings minority to ftand vpon their guards agaiaffc their (37; » their particular enemies. But we will paffe it over and goc on with our Parliaments that followed, whereof that or Cam~ bridge in the Ks I 2 th ycare was the next, therciw the K. had given him a loth & a i 5, after which,king 20 yearesof aga rcchanged(faithH.^T/>;|^^«)hisTreafurer,hjsChancellor J the Iuftices of sither bench,the Clerk or the privy feale & others, & teoke the government into his own hands. Hee alio toekc the Admirals place from the Earle of Awufe//,& in hi* roome hee placed the Earle of Huntington in the yeare following, which was the 1 j yeare of the K. in the Parliament at Weft- Riinfter , there was given to thg King vpon every facke of wooll 14 s. and 6 d. in the pound vpon other rnarchandize. Covns. Bui by your leave, the King was reftrained this parliament, that hee might net difpole of, but a third part of the money gathered. Jvst. No my Lord,by your favour. But true it is that pare of this mony was by the Kings content affigned towards the war«, but yet left in the Lord Treafurers hands, And my Lord it would be a great cafe, and a great faving to his Majefty our Lord and Matter, if it pleafedhim to make his alfignations vpon fomc part of his revenewes , by which he might have 1 000, vpon every 1 cocol,and fave himfclfe a great deale of clamour. For feeing of necelTity the Navy mud bee maintai- ned, and that thofepoore men a f well Carpenters asfhipkee- pers muft be paid, it were better for his Majefty to give an affignation to the treafurer of his Navy for the receiving of fo much as is called ordinary, then to difconccnt thofe poore men, who being made defperate beggers, may perchance be corrupted by them that lye in wake to deftrcy the Ks eftatc. And if his Maiefty did the like ia all other payments, efptci" ally where the necelTity of fuch as are to receive, cannot pot- able give dayes, his Maiefty might then in a little rowle be- hold his receipts and expences, hee might quiet kis heart when all necerTaries were provided for , and then difpofe the reft at his pleafure. And my good Lord, how excellently and cafily might this have bin done,if the 4oooool.had beene raifed as aforefaid vpon the Kings lands, and Wards, 1 fay shat bis Majeftves houfe, his navy, his guards, his pgnfioners, F 3 ~"~ his (38) lus munition, his AftibalTaders and all clfe of ordinary charge saiight have beenc defrayed , and a greet fun^ne left for his Maiefties cafuall expences and rewards , J will not fay they were not in love with the Kings eftatc, but 1 fay they were vnfortunately borne for the King that croft, it. Covn. WellSir,I wouldit hadbeene-otherwife, Butfpr the alignments, there are among us that will not willingly indure it. Charity begins with it felfe. (hall wee hinder our felves oEfoooQl.psrannti to fave the King 20 ? No Sir,what will become of our New-yeares gifts, our prefents and gra- tuities I We can now fay to thole that have warrants for mo- ney, that there is not a penny in the Exchequer, but the King gives it away vntothe Scots falter then it comes in. Ivst. My Lord you fay well, atleaft you fay the trueth, that fuch are fome of our anfweres , and hence comes that generall murmure to all men that have money to receive, I fay that there is not a penny given to that nation,be it for fer- viee or otherwife but it is fpread ouer all the kingdome : yea they gather notes , and take copies of all the priuy feales and warrants that his Majefty hath given for the money for the Scots, that rhey may (hew them in Parliament. But of his Majefties gifts to the Englifh , there is no bruite .though they may be tenne times as much as the Scots* And yet my good Xord, howfoever they be thus anfwered that to them hie for money out of the Exchequer, it is due to them lor 1 o, or 1 s, or 20 in the hundred, abated according to their quali« ties that fue 5 they arealwayes furniihed. For eondufion, ific would pkale God to put into the Kings heart to make theiu affignations, it would favc him mnny 9 peund,ard gaine hina many a prayer ,and a great deale of love-, for it grievtth every hsneft paaras heart to fee the abusdance which even the petty officers in the Exchequer, and others gather both from the king and fubfect, and to fee a world of poore men run&ie af- ter the King for their ordinary wages. Covn. Well, well, did you never heare this olde tale, that when there was a great contention about the weather, the Sea-mf n complaining of contrary windes, when thofe of the (39) tfeerm*h Countries defired raine , andthofe of the Valleye 5 funfti£ingdayes,/*/>*V^fent them word by Mercury, then* When they had done, the weather lbould bee as it had beene» and it mail ever fall out To wi'th them that complame, th c courfe of payments Ihall be as they have beene, what care W e what petty fellowes fay 2 or what care we for your papers • have not we the Kings eares , who dares conteft with v s ? though we cannot be reveaged on fuch as you are for telling the trixth , yet vpon fome other pretence , wee le clap yo" vp, and you ihall foe to us ere you get out. Nay wee'k make yeuconfetie that you were deceived in your proiecls , and •cate your owne word?, learne this of me Sir, that asa little good fortune is better then a great deale or vcrtue . fo the leaft authority hath advantage over the greateft wit, was he not the wifeft man that laid, the bait die was not thepo*. tefonor vet bread for the mfe % Hor riches to men of vntierftan- • dinger favour to men of knowledge /but what time & chance came to them nlh ."'..*,« r\ Ivst. It is well for yeurLordfhip that it is f&But ^ueene Elizabeth would fet the reafon or a means man, before the authority of the greareft Counceller me had, and by her pa- tience therein fhee railed vpon thevfualland ordinary ctt- fiomes ofLondon without any new inapofition above 5°oOol ayeare, for though the Treafurer Burleigh, and the Barle ok Leicefter, and Sect erary Walfmgham all three pcnfioners ro Guftomer Smith &d fet themfelves againfta poore waiter of the Cuftome htmfe called Car-warden, and commanded - the groomes of the privie Chamber not to give him accetle , yet the j>ueene fent for him s and gave him countenance a- gainft them all. It would not ferve the turne, my Lord, with her • when your Lordfiiips would tell her, that the dif- irracing her great officers by hearing the complaints of bufie heads, was a dishonour to her felfe, but (hee had alwayes this anfwere, That if any man complains vniufilj agatnft *M*gt- ftrateJtwere reafon he Jhouldbe fever ■elypumfhedjfiu/lly, (Be was Queen •ftheJmaUju well as of the great ,and would heare their complasnts, For my good Lord, a Pnnce that fu&cmh —----■■— & ~ tumielfi (4°r tiimfelre to be befieged, forfaketh one of the grVateft regali- ties be longing to a Monarchy, to wit,thelaft appcale, or as the French call it, le dernier re fort* Covn. Well $ir> this from the matter, I pray you goe on. j I vst. Then myLord,in theKings i 5th yearehehad a tenth and at fifteene granted in Parliament or Londoa. And that fame yeare there was a great Councell called at Stamford to which divers men were lent i©r , of divers counties befidcs the Nobility ,of whom the King tookc advice whether he mould continue the Warre, or m^ke afinall end with the French* Covn. What needed the King to take the advice of any but of his ownc Councell in matter of peace or Warre. Ivst. Yea my Lord,forit is f aid in the Proverbes, Where Are many counfellers, there is health. And if the King had ( made the warre by a generall confent, the Kingdome in gene- rail were bound to mamtaine the warre, and they could not then fay when the King required ayde,thathe vndertookea needlelie warre. C o v n ♦ You fay well, but I pray you goe on, Ivst. After the fubfedy m the 1 5 th yeare, the Kingdefi- red to borrow 1 ooool. of the Londoners, which they reiuled to lend. Covn. And was not the King greatly troubled there- with. Ivst. Yea, but the King troubled tfie Londoners (oonc after, for the King tooke the advantage of a Ryot msde vpon the BiOiop of Salisbury his men, feat for the Miior,and other the ablefl: Citizens , committed the Maior to prifon ia the Caitic of Windfor, and others to other Catties , and made a Lord Warden of this City, till in the end what with 1 0000!. ready money, and other rich prefents, initead of lending 1 000 >V it coil them 20000I. Bcrweene the fifteenth yearc and t ventith yeare, hee'had two aydes given him in the Par- liaments, of Winchefter and Wsitminfter •* and this late* was giv.-n tofurnifh the Kings Iourney into Ireland to eita- bliih that eft ate which was greatly maken fince the death ^f the (4t) the Kings Grandfather, who received thence yearly 3000°. I', and during the Kings ftay in Ireland he had a 1 o £ \ and a 1 5 tb . granted. Couns. And good reafon, for the King had in his Army 4000. horfe, and 30000. foot. Jus T.That by your favour ,was the Kings fanity:for great Armies do rather devoure themfelves then deftroy enemies. Such an army, ( wherof the fourth part would have conque- red all Ireland,) was in reipeft of Ireland fuch an Army as Xerxes led into Greece in this twentieth yeere, wherein hee had a tenth of the Clergy, was the great confpiracie of the Kings Uncle, the Duke of Glocefter, and of Maubre, Arun- delljNottinghamjand Warwick,the Archbiftiop of Canter- bury, and the Abbot of Weftminfter,and others who in the 2 1 . yeare of the Kihg were all redeemed by Parliament : And what thinkes your Lordfhip,was not this Aflenibly of the 3, ftates for the Kings cftate, wherein hee fo prevailed, that hee not onely overthrew thole popular Lords, but befides (the Englilh Chronicle faith, the King fo wrought and brought thing9 about, that he obtained the power of both houfes to be granted to certaineperfons, to 1 5 . Noblemen and Gen- tlemen, or to feven of them. Couns. Sir, whether the King wrought well or ill I can- not judge, but our Chronicles fay, that many things were done in this Parliaments the difpleafure of no fmall num- ber of people, to wit, for that diverfe rightfull heires were disinherited of their lands and livings, with which wrong- full doings the people were much offended, fo that the King with thofe that were about him,and chiefe in counfelljCame into great infamy and flander. Just. My good LoTd, if your Lordfhip will pardon me, I am of opinion that thofe Parliaments wherein the Kings of this Landhave fatisfied the people, as they have been ever profperous, fo where the King hath reftrained the hou(e,the contrary hath hapned, for the Kings achievement in this Parliament, were the ready preparations to his ruhie. Coun.You mean by the general difcontetmet that follow- G ed (4>) ed v andbecaufe the King diJ not proceed legally with Glo* eefter and others. Why Sir, this was not the firft time that the Kings of England have done things without the Coun- cell of t he land : yea, contrary to La w. Just. It is true my Lord in fome particulars, as even* at this time the Duke of Glocefter was made away at Calice by fti ong handjWithout any lawfull trialhror he was a man fo beloved of the people and fo allied, having the Dukes of Lancafter, and Yorke his brethren, the Duke of Aumarle, and the Duke of Herford his Nephewes, the great Earles of Arundell and Warwickc, with diverie other of his pare in the confpirack>as the King durft not trye him according to the law : for at the try all of Arundell and Warwick, 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 tray tor to the King, And was it not fo my Lord with the Duke of Guife ; your Lord- fhip doth remember the fpur-gal'dproverbe, that necejjjty hath no Law : and my good Lord^itis the practice of doing Wrong, and of general! wrongs done , that brings danger, and not where Kings are preft in this or that particular, for there is great difference betwetne naturall cruelty and ac- cidental!. And therefore it was CMachiavels advice, that all that a King did in that kinde^ hejhall doe at once, and by his mercies afterwards make the world know that his cruelty was not affiHed. And my Lord take this for a gcnerall rule, that the immortal policie of a ftate cannot admit any law or prj- viledge whatfoever , but in fome particular or other , the fame is necefTaiily broken,yea in an Arifiocratia or popular eftate,which vaunts fo much of equality and common right, more outrage hath beene committed then in any Chriftian Monarchy. Couns. But whence came this hatred betweene the Duke and the King his NT ephew. Just. My Lord,the Dukes conftraining the King, when he was young, ftucfce in the Kings heart, and now the Pukes proud fpeech to the King when he had rendred Breft for- merly C45.) merly ingaged to the Duke of -S^V/^W, kind led againe thefe eoales that were not altogether extinguimed , for he ufed thefe words : Tour Grace ought to put y cur body in great paine, to iv'mne ajlrong Hold or Towne fry feat es of Armes ere you takjf upon you to feller Miveran-j Towne gotten by the manhood and firong hand and bolide of- your noble Progenitors. Whereat • faith the itoiie, the King changed his countenance, &c. And to lay truth,it was a proud and mafrerly fpeechof the Duke 5 befidesthat, inclusively he taxed him of (loath and cowar- dize 3 as if he had never put himfclfe to the adventure of winning fiich i plafce V undtitifiill words of a urbjea doe often take deeper rok theri the memorie of ill deedesdoe : The Duke of Biron found it, when the King had him at ad- vantage. Yea,tlie lat&Earle of Etfex told Queene Elizabeth, Humanum eft that her conditions was as crooked as her carkas : but it colt ^rare. him his Head, which his frifurreftion had not coft him, but for that fpeech . I Who will fay unto a King({k\t\\ lob) thou art wicked? Certaincly, it is the fame thing to fay unto a Lady, Thou art crooked- (and perchance more J as to fay unto a King, that he is wicked, and to fay that he is a Coward, or to life any other words of difgrace, it is one and the fame errour.; vd bllim; ■ «...■ . iLiy • Court. But what fa y you for sArmdel^ a brave and valiant inan,who had the Kings Pardon of his contempt during his minoritie. Just. My good Lord, the Parliament which you fay di A putes the Kings Prerbgative,did quite contrary, & deftroyed the Kings Charter arid Pardon formerly given to zXrundeL And my good Lord, doe you remember, that at the Parlia- ment that wrought wonders^when thefe Lords compounded that Parliament, as the King did this, they were Co merci- lefle towards all that they thought their enemies, as the Earle of Arundel moil infolently fuffered theQn: to kneele -uiito him three houres for the faving of one of her fervants : and that (corn of his manebat alto mente repoftum.And to faf the truth, it is more barbarous and unpardonable then any • aft that ever he did, to permit the Wife of iiis Soveraigne to • . G 2 kneele (44) knecle to him, being the Kings vaffule. For if he had faved the Lords fervant freely at her firft requeft, as it i$ like e* nough that the Qjj: would alfo have faved him, Miferis fuc* currens taria obtinebis aliquando. For your Lordfhip fees that the Earle of Warwicke,who was as farre in the treafon as any of the reft, was pardoned. It was alfo at this Parlia- ment that the Duke of Hereford aecuied U^foivbray Duke of Norfolke, and that the Duke of Hereford,fonne to the Duke of Lancafter, was banifhed, to the Kings confufion, as your Lord/hip well knowes. Couns. I know it wel^and Qod knowes that the K. had then a filly and weake Connfell about him, that perfwaded him to banifh a Prince of the blood,a moft valiant man«and the belt beloved of the people in generall of any man living, efpecially confideiing that the K. gave every day more then other offence to his fubje&s. For berldes that he fined the in- habitants that afllfted the Lords in his Minoritie of the 17 fhires,which offence he had long before pardoned,his blank Charters ,and letting the Realme to farme to meane perfons, by whom he was wholly advifed 3 increafed the peoples ha- tred towards the pretent government. Jus t. You fay well my LJPrinces of an ill deftiny doe al- wayes follow the worft counfell, 01 at leaft imbrace the beft after opportunitie is loft, Qui confilia non exfuo corde fed&li* enis viribus celligunt 3 non ammo fed mribus cogitant. And this was not the leaft griefe of the fubjett in generall, that thofe men had the greateft part of the fpojle of the comonwealth, which neither by vertue* valouror counfell could addc any thing unto it : Nihil eftfordidus, nihil crude Urn (faith Anto: Fius)qua fi Remp.ij arrode t qui nihil in earn fuo labore conferent, Coun s . Indeede the letting to farme the Realme was very grievous to the fubjeft. Just. Will your Lordfhip pardon me,if I tell you that the letting to farme of his Majefties Cuftomes (the greateft Re- venue of the Realme,) is not very pleafing* Couns. And why I pray you,doth not the K.thereby raife his profits every third yearejand one farmer out-bids ano- ther^ the Kings advantage. Just. (45.) Just. It is true my Lord, but ic-grieVes $6$k$& to pay cuftome to the fubjeft>for whatjmightae men are thole Far- mers become:and if thole Farmers get many fchpttfands eye- ry yeare,as the world knowes they doe, why mould they not nowfbeing men of infinite wealth J declare unto the K.upon oatha what they have gained , and henceforth become the Kings Collectors of hisGuftome > Did not Queeqe Eliza- beth, who was reputed both a wile and juft Princefle , after fhee had brought Quftomer Smith from 14000 P. a yeare to 42000 1\ a yeare , made him lay downe a recompence for that which he had gotten? And if thefe Farmers doe give no recompence, let them yet prefent the King with the truth of their receivings and profits. But my Lord for condufion, after Hullingbrooke arriving in England with a fmall troupe;, notwithstanding the King at his landing out of Ireland, had a fufficient and willing armie; yet he wanting courage to de- fend his right, gave leave to all his fbuldiers to depart, and put himlelfe into his hands that call him into his grave. Couns. Yet you fee D he was depos'd by Parliament. Just. Afwell may your Lordlhip fay he was kuockt in the head by Parliament ; for your Lord(hip&nowes 3 that if King Richard had ever elcaped out of their fingers, that depofed him, the next Parliament would have made all the depofers tray tors and rebels,and that juftly* In which Parlianient,or rather unlawful!, aflembly , there appeared hut one honeft man,to wit, the B.of £V/iwithout a Parliament:In his fixth yeare be had fo great a Subfedie, as the Houfe required there might be no record thereof left to pcfteritie - for the Houfe gave him 20 s. of every Knights Fee 5 and of every 20 1\ land 20 s« and 1 2 d« the pound of goods* CoiJNS.Yea,in the end of this yere,the Parliament preit the G 3 King 1■■:,.• Couns.' But what had the King in ftead of this great Re;- venue ? 1 Just. He had a 1 5 th of the Commons, and a Tenth and a halfe of the Clergie •, and withall,all penfions granted by King Edward and King Richard^vere made void. It was alfb moved/that all Crowne Lands formerly giveri(at leaft given by K.JSaf.and K.Rich, Jfhould be taken back. Couns. What thinke you of that,Sir ? Would it not have beene a dilhonour to the King? And would not his Succeflbrs 'have done the like to thofe that the King had advanced \ Just. I cannot anfwere your Lordlhipjbut by diftinguifh- ing: for where the Kings had given Land for fervices, and had not beene over- reached in his gifts, there it had beene a diftionotir to the King, to have made void the Grants of his prcdeceflbrsjor his Grants; but all tho(e Grants of the Kings wherein they were deceived, the very euftome and policie of '^England makes them void at this day. Couns. How meane you that? for his Majeftie hath given a great deale of Land among us fince he came into England^ and wonld itftand with the Kings honour to take it from m againe ? ..■_.: \ Just. Yeaim.y Lord, very well with the Kin^s honour;, if your Lordmip, or any Lord elfe , have under the name of ioo i\ land a yeare, gotten 5 co 1\ land, and fo after that rate. :; - ■ COUNS. (47) : CouNs. I will'ncver beleeye that his-Majefty will ever doc any fuch thing. Ju^t. And I beleeve as your Lordfhip doth, but we fpake e're-while of thofe that dhTwaded the King from calling it a Parliament : And your Lordfhip asked me the reafon., why any man fhoiild diffwade it, or leare it, to which, this place gives me an opportunity to make your Lordfhip an anfwer^ for though his Majefty will ofhimfelfe never queftion thofe grants, yet when the Commons fhall make humble petiti- on to the King in Parliament, that it will pleafe his Majefty to afTift them in his reiiefe, with that which ought to be his ownc, which, if it will pleafe his Majefty to yeeld unto, the houfe will naoft willingly furnifhand fupply the reft, with what grace can his Majefty deny that honeft fuite of theirs, the like having beenedonein many Kings times before > This proceeding, my good Lord, may perchance prove all your phrafes of the Kings honour, falfe Bngllfb. Couns. But this cannot concern many ,and for my felfe D I am fure it concernes me little. Just, It is true my Lord, and there are not many that dirtwatde his Ma-jefty from a Parliament. Couns. 'But they are great ones, a few of which will ferve the turrie well enough* , • Just. But my Lord, be they never Co great ('as great as Gyants) yet if they diflwadc the King from his ready and aifured way of his fubfiftence, they mult devife how the K. may be elfe-where fupplied 3 for they otherwife run into a dangerous fortune. Coun s , Hold you. contented Sir, the King needes no great diflwafion. Ju s t. My Lorcflearn of me,that there is none of you all, that can pierce the King.lt is an eflentiall property of a man truly wife, not to open all the boxes of his bolbme, even to thofe that are neereft and deareft unto him, for when a man is difcovered to the very bottome, he is after the lefle eftee- med.I dare under take 3 th at when your Lordfhip hath ferved the King twice twelve yeares more, you will finde, that his Majefty. ( Majeftie hath referved fomewhat beyond all your capaci- ties, his Majefty hath great reafon to put off the Parliament, as his laft refuge, and in the meane time,to make tryall of all your loves to (erve him, for his Majefty hath had good ex- perience, how well you can ferve your felves : But when the King findeSjthat; the building of your owne fortunes and fa- ctions, hath beene the diligent ftudies, and the fervice of his Majefty, but the exercifes of your leifures : Hee may then perchance caft himfelf upon the generall love of his people, of which (I truft) hee (hall never be deceived, and leave as many of your Lordfhips as have pilfered from the Crowne, to their examination. Coun s . Well Sir, I take no great pleafure in this di£ pute, goe on I pray. Just. In that Kings 5 th .yeare, hee hadalfo afubfidy, which he got by holding the houfe together from Eafter to Chriftmas,and would not fuffer them to depart.He had alfo a fubfedy in this ninth yearc. In his eleventh year theCom- mons did again prefle the King to take all the temporalities of the Church-men into his hands, which they proved fuf- ficient to maintaine 150. Earles, 1 5oo# Knights, and 6400. £fquires,with a hundred Hofpitals, but they not prevailing, gave the King a fubfedy. Hen. 5. As for the notorious Prince, Hwyj the fifthj find that he had given him in his fecond yeare 3ooooo.marks, and after that two other fubfcdies,one in his fifth yeare 3 another in his ninth, without any dif "putes. Hen. 6. In the time of his i'ucceflbur Henry the fixth, there were not many fubfedies. In his third yeare,be had a fubfedy of a Tunnage and Poundage. And here (fai4h John Stow) began thole payments , which wee call cuftomes, becairfe the pay- ment was continued, whereas before that time it was gran- ted but for a yeere^wojor three,according to the Kings oc- cafions. Hee had alfo an ayde and gathering of mony in his fourth yeare, and the like in his tenth yeere, and in his thir- teenth yeare a i 5 th . He had alfo a fifteenth for the conveying of (49) ©f the Queene out $£.&$»& into England, In the twenty eighth yeere of that King was the aft of Rcfumption of all honours,townes 3 Caitles.,Signieuries,villages,ManorsJands, tenements, rents, reverfiens, fees.&c. But becaufc the wage* of the Kings fervants, were by the ftriftnefle of the Aft alfo reftrained, this Aft ofRefumption was expounded in the Parliament at Reading the 3 1 . yeare of the Kings rejgne. Couns.^ I perceive that thofe Afts ofRefumption were ordinary in former times j for King Stephen refumed the lands, which in former times hee had given to make friend* during the Civill warrcs* Ancl Henry the fecond refumed all (without exception) which King Stephen had not refu- med ; for although King Stephen toofce backe a great deale , yet hec fuffered his truftieft fervants to enjoy his gift. Just. Yes my Lord,andin after times alfo; for this was not the laft, nor (hall he thclaft, I hope. And judge you my Lord, whether the Parliaments doe not only (erve the King s whatsoever is fajd to the contrary: fot as all King Henry the €. gifts and grants were made void by the Duke of Torke, when hee was in pofleffion of the Kingdomc by Parliament; So in the time of K.H. when K.Edw 4 wn$ beaten out againe, the Parliament of Wjeftmi-after made all his Afts void, made him & all his followers traytors, & gave the King many of their heads & lands. The Parliament of England do alwaiei (erve the King in pofleflion.lt (erv'd Richxfa fecond to con- demne ^he popular JLords. It ferv'd TSoUngbrooke to depofc 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 driven put. The Parliaments are as the friendftrip of this world is, which alwayes followeth pros- perity. For fC. £dw, the 4-after that he was poflefled of the Qrowne 3 he had;in his 1 3-year a faib^iedy freely given him: & In the yeare following, hee tooke a benevolence through England, which arbitrary taking fro the people, ferv*d tha€ ambitious tray tor the Duke of Bucks* After the Kings death was a plaufible argument to perfwade the multitude , H thai (50) that they fhould not permit ( faith Sir Thomas UWoore) his line to raigne any longer vpon them. Couns. Well Sir, what fay you to the Parliament of Richard the third his time ? Just . I finde but one , and therein he made diverfe good Laws.For K.Hemy the feventh in the beginning of his third yeare he had by Parliament an ay de granted vnto him, to- wards the reliefc of the Duke oi'Brhtaine, then aflailed by the French King. And although the King did not enter into thewarre, but f by the advice of the three eftates , who did willingly contribute: Yet thofe Northern men which loued Richard thethird,rai(ed rebellion under colour of the mony impos'd y 8c murthered the Earle of Northumberland whom the King employd in that Collection. By which your Lordftiip fees, that it hath not beene for taxes and impofiti- ons alone 3 that the ill difpofed have taken Armes : but even for thofe payments which have beene appoynted by Parlia- ment. Couns. And what became of thofe Rebels I Just. They were fairely hang'd, and the mony levied notwithftanding,in the Kings firft yeare he gathered a mar- vailous great mafle of mony, by a benevolence, taking pat- terne by this kind of levie from Edw,^ th . But the King cau- fcd it firft to be moved in Parliament,where it was allowed, becaufe the poorer fort were therein fpared. Yet it is true, that the King wCed fome arte, for in his Letters he declared that hee would mcafure every inans affe&ions by his gifts* In the thirteenth yeare hee had alfo a fubfidy, whercvpon the Cornifh men tooke Armes, as the Northern men of the Bifhopriekc had done in the third yeare of the King. Ceiws. It is without example, that ever the people have rebelled for any thing granted 6y Parliament , fave in this Kings day es. Jui.t. Your Lordftiip muft confider 5 thathewasnoto- vermuch belov'd, for he tooke many advantages vpon the people and the Nobility both. Coun& (V) Couns. And I pray you what (ay they now of the new impofitions lately laid by the Kings Majefty ? doe they fay that they are juftly or unjuftly laid ? Just. To impose upon all things brought into the Kingdome is very ancient : which impofing when it hath beene continued a certaine time, is then called Guftomes,be- caule the fubjefts are accuftomed to pay it, and yet the great taxe upon wine is ftill called lmpoft,becauleit was impoied after the ordinary rate of payment had laftcd many yeares. But we doe now a dayes underftand thole things to bee im- pofitions, which are railed by the command of PrinceSj, without the advice of the Common-wealth, though (as I take it J much of that which is now called cuftome, was at the firft impofcd by Prerogative roy all .- Now whether it be rime or content that makes them juft, I cannot define, were they juft becaufe new, andnotjuftifiedyetby time, or un- juft becaufe they want a general! content : yet is this rule of Gsfrifiotlevcrmedin refpeft of his Majefty : LMinustimem homines ihjufium pari a principe quern cultorem c Dei put ant* Yea my Lord, they are alfo the more willingly borne, be- caufe all the world knowesthey are no new Invention of the Kings. And if thofe that acWifed his Majefty to impofe them,had railed hislands(as it was offered them J to 200oo\ more then it was, and his wards to afmuch as aforefaid,they had done him farre more acceptable fervice. But they had their owneends in refufing the one,and accepting the other. If the land had beene railed , they could not have fele&ed the belt of it for themfelves ; if the impofitions had not been laid> fome of them could not have their filfces, others pee- ces in farme, which indeed grieved the fiabjeft tenne times more then that which his Majefty enjoyeth. But cer- tainely they made a great advantage that were the advi- fcrs, for if any tumult had followed his Majefty , ready way had beene to have delivered them over to the people. Couns. But thinke you that the King would have deli-] vered them if any troubles had followed . ? H 2 Just* Just. I know not my Lord* it was LMachUvels eouh- fe]] to C*f** Borgia to dee it, and K, H. the 8. delivered up £mpfon and *Dudley 3 yea. the fame King,when the great Car- dinal! WoolfeyjR ho governed the King and all his eftate,had (by requiring the fixth part of every mans goods for the KingJ raifed a rebellion, the King I fay disavowed him ar> folutely, that had not the Dukes of Norfolke and Suffolke appeafed the people,theCardinali had fung no more Mafle: for thefe are the words of our Story : The King then came to Wefiminfter to the Cardinals Palace^nd afTembled there a great Gouncell, in which he protefted, that hid mind* -was ne- ver to aske any thing of his £ommons, which mig ht found to the Breach of his Lawes. Wherefore bee then willed them to know by whole meanes they were fo ftri&ly given foorth. Now my Lord , how the Cardinall would have (hifted himfelfe, by faying, / had the opinion of the Judge •*, had not therrebellion beenc appeas'd, I greatly doubt. Gohns. But good Sir, yOn blanch my queftion, and anfwer mee by examples. I aske you whether or no in any ftich tumult, the people pretending againftany one or two great Officers, the King fliould deliver them, or defend them? j Just. My good Lord, the people have not ftaid for the Kings delivery, neither in England not in France : Your Lordfhip knowes how the Chauncellour, Treafurer, and Chicfe Juftice, with many others at feverall times have been ufed by the Rebels: And theMarfhaKConftables^ndTreai* furers in Trance , have been cut in pieces in Charles the fixth his time. Now to your Lordfliips queftion, I fay that where any man (hall give a King perilous advice, as may either caufe a rebellion, of draw the peoples love from the King, I foy 3 that a King fhalbe advifed to banifh him,But if the King doe abfolutely command his fervant to doe any thing diC pleafing to the Common- wealth,and to his own peril, there is the King bound in honour to defend him . But my good Lord f®r conduiiojijjtheie is no man InEnglar/d that will lay any flap any invention either grievous or againit Law upon the Kings Majefty : And therefore your Lordfhips mult ihare it amongft you. Couns . For my part, I had no hand in it,(i thinkej In- gram was he that propounded it to the Treafurer. Just. Alas my good Lord every poore wayter in the Cuftome-houfe, or every promoter might have done it; there is no invention in thefe things.To lay impofitions and fell the Kings lands, are poore and common devices. It is true that Ingram and his fellowes are odious men,and there- fore his Majefty pleas'd the people greatly to put him from the CofFerfnip. It is better for a Prince to ufe fuch a kinde of men, then to countenance them ; hang-men are neceflary in a Common-wealth : yet in the Netherlands, none but a hang-mans fonne will marry a hang-mans daughter. Now my Lord, the laft gathering which Henry the leventh made, was in his twentieth yeare, wherein hee had another bene- volence both of the Clergy and Laity, apart of which ta- ken of the poorer fort, he ordained by hisTeftament that ic fiiould bee reftored. And for King Henry the eighth, al- though hee was left in a moft plentifull eftate, yet hee won- derfully prefthis people with great payments; for in the beginning of his time it was infinite that hee {pent in Ma£* king and Tilting, Banqueting and other vanities, before hee Was entered into the moft confuming expence of the mofl fond and fruitlefle warre that ever Kingundertooke. In his fourth yeare heehadoneofthegreateft futftdies that ever Was granted; for befides two fifteene? and two difmes, hee uCcd Davids Law of Capitation or head-money, and had of every Duke ten markes, of every Earle five pounds, of eve- ry Lord foure pounds, of every Knight foure markes, & e- very man rated at 8. 1\ in goods, 4. markes, and 10 after the rate : yea every man that was valued but at ^p 1 paid I2 d .and every man and woman above 15. yeares 4ft He had alfo in his fixth yeare divers fubfedies granted hirm In his fourc- teenth there was a tenth demanded of every mans goods > but it was moderated. In the Parliament following, H 3 the (H) the Clergy gave the King the halfe of their fpirituall livings for one yeere, & of the Laity there was demanded 8ooooo l . which could not be levied in England, but it was a marvel- lous great gift that the King had given him at that time. In the Kings Seventeenth yeare was the Rebellion before fpo- ken of, wherein the King difavowed the Cardinall. In his (eventeenth yeare hee had the tenth and fifteenth given by Parliament, which were before that time paid to the Pope. And before that alfo, the monies that the King bor- rowed in his fifteenth yeere were forgiven him by Parlia- ment in his feventeenth yeare.In his 3 5. yeare a fubfidy was granted of 4 d .the pound of every man worth in goods from 20 s .to 5 l .from 5'.to io 1 .^: upwards of every pounds 5 . And all ftrangers,denifbns and others doubled this fumme,ftran- gers not being inhabitants ahove itf.yeares, 4 a .a head. All that had Lands, Fees, and Annuities, from 20. to 5 ', and fo double as they did for goods : And the Clergy gave 6 d . the pound.In the thirty (eventh yeare,a Benevolence was taken, not voluntary, but rated by Commiffioners, which becaufe one of the Aldermen refufed to pay , he was fent for a foldier into Scotland. He had alfb another great fubfidie of fix mil- lings the pound of the Glergy,and two millings eight pence of the goods of the Laity, and foure {hillings the pound up- on Lands. . • .- Edw. 6. * n tnc ^cond yeare of Edwardthc fixth, the Parliament gave the King an aide of twelve pence the pound of goods of his natural fiibjeftaand two (hillings the pound of ftran- gers, and this to continue for three years, and by the ftatute of the feeond and third of J^vms/thefixth,itmay appeare, the fame Parliament did alfo give a feeond ayde, as follow- ed^ (to wit) of every Ewe kept in feverall paftures, 3 d . of .every Wether kept as aforefoid, i d . of every Sheepe kept in the Common, i, d . ob. The Houfe gave the King alfo 84, the pound of every woollen cloath made for the fale through- out England for three yeares. In the third and fourth of the King , by reafbn of the troublefbrae gathering of the poly mony upon fticepe,and the taxe upon cloth, this aft of fub- fay fidy was repeal'da and other reliefe given the King, and in the Kings feaventh yearc hee had a fubfidy and two fif- teens. In the firft yeare of Queene Mari^Tunnage and Poun- Just- The firft thing that would be required, would be thefamethat was required by the Commons in the thir- tenth yeare of H. the orfto witjthat if any man of the com- mons houfe mould fpeake more largely , then ofduety hee ought to doe, all fuch offences to be pardoned, and that to be of record . Couns. So might euery Companion fpeake of the King what they lift. Just. No my Lord $ the reverence which a VafTall oweth to his Soveraigne, is alwayes intended for every fpeech^howfoever it rauft import the good of the King, and his eftate 5 and fb long it may bee eafily pardoned.>otherwife not. for in Queene Elizabeths time , who gave freedome ©f fpeech in ail Parliaments, when Wentworth made thofe 1 moti- motions, that were but fuppoled dangerous to the Queenes cftate, he was imprifoned in the Tower, notwithstanding the priviledge of the houle, and there-dyed* Coun$. What fay you to the ScieUian vefpers remem- bred In the laft Parliament ? Just. I fay, bee repented him heartily that tiled that fpeech, and indeede befides that, it was (Seditious, this ex- ample held not : The French in St icily ufurped that King- dome, they kept neither law nor faith, they tooke away the inheritance or the Inhabitants, they tooke from them their wives, and raviCbed their daughters, committing all other infolencies that could bee imagined. The Kings Majefty is the Naturall Lord of England, his Vaflals of Scotland o« bey the Englifli Lawes, if they breakc them, they are puni- fticd without refpeft. Yea, his Majefty put one of his Ba- rons to a ffeamefull death, for being contenting onely to the death of a Common Fencer : And which of thefeever did or durft commit any outrage in England, but to fay the truth , the opinion of packing the laft, was the caule of the conten- tion and cUlbrder that happened. Coun s . Why fir Moe you not think it beft to compound it Parliament of the Kings iervants and others, that mall in allobey thcKingsdefires ? Jus-r, Ceitainely no, for it hath never Succeeded well, neither on the Kings part, nor on the fubjec"is,as by the Par- liament before-remembred your Lordlhip may gather, for from fuch a compofition doe arife all jealoufies, and all contentions. It was pra&ized in elder times, to the great trouble ot the Kingdome, and to the lofle and rujne of ma- ny. It was of latter time ufed by King Henry the eighth* but every way to his disadvantage. When the King leaves himlelfe to his people , they afiyre thejnfelves that they are trufted and beloved of their King, and there was never any aflembly fo barbarous , as not to anfwer the love and truft of their King. Henry thefixt when his eftate was in effeft utterly overihrowne, and utterly impoveriftied at the (17) he humble requeft of his Treafurer made the fame knowne to the Houfe , or otherwife , uiing the Treafurers owde words, Hee humbly dejired the King to take his ftajfe, that he might fave his Vrardjhip. Couns. Butyou know, they will prefently bee in hand with thofe impofitionSjWhich the King hath laid by his own Royall prerogative. Just. Perchance not my Lord,but rather with rhoie im- pofitions that have beene by fome of your Lord (hips laid upon the King, which did not fome of your Lordfhips feare more then you doe the impositions laid upon the Subjects, you would never diflwade his Majefty from a Parliament : For no man doubted, but that hisMajeftie was advifed to Jay thofe impositions by his Councell ; and for particular things on which they were laid, the advice came from pet- ty fellowes (though now great ones,) belonging to the Cu» ftome-houfe. Now my Lord, what prejudice hath hisMa- jeftie ( his revenue being kept up j if the impofiitons that were laid by the advice of a few,be in Parliament laid by the generall Councel of the Kingdome,which takes ofFall grud- ging and complaint. Couns. Yes Sir,but that which isdone by the King,with the advice of his private or privie G6nncell,isdonebythe Kings abfolute power. Just. And by whofe power is it done in Parliament,but by the Kings abfolute power >miftake it not my Lord : The $. eftates doe butadvife 3 as the privy Councel doth, which ad- vice if the King embrace, it becomes the Kings owne aft in theone,& the Kings law in the other, for without the King* acceptation, both the publikc and private advices bee but as empty egge-mels • and what doth his Majefty loofe if fome of thofe things,which concerns the poorer fort be made free againi& the revenue kept up upo that which is fupcrfluous 9 Is it a lofle to the K.to be beloved of the Commons ? if it be revenue which the King feekes, is it not better to take it of thofe that laugh, than of tjhofe that cry ? Yea, if all be con-; tent to pay upon a moderation and change of the Species ;: (58) Is it not more honorable 8c more fafe for the Kin g, that the Subject pay by perfwaiion, then to have them conftraynecU If they be contented to whip themfelves for the King , were H not better to give them their Rod into their owne hands, then to commit them to the executioner > Certainely , it is farre more happie for a Soveraign Prince,that a Subject open his Purfe willinglyjthen that the fame be opened by violence. Befides that, when impofitions are layd by Parliaments they are gathered by the authoritie of the Law, which fas afore- faidj rejefteth all complaints, and ftoppeth every mutinous mouth: It (hall ever be my prayer,thatthe King embrace the Councell of honor and (afetie,and let other Princes embrace that of force. Couns. But good Sir,it is his Prerogative which the King ftands upon, and it is the Prerogative of the Kings, that the Parliaments doe all diminifh > Just. If your Lordlhip would pardon me, I would (ay then, that your Lordfhips objc&ion againft Parliaments is ridiculous. In former Parliaments, three things have beene fuppoied difhonour of the King. The firft, that the Subjects have conditioned with the King, when the King hath needed them,to have the great (Charter confirmed : The fecond,thal the Eftates have madeTreafurers for the neceflarie and pro- fitable disbursing of thofe fummes by them given , to the end, that the Kings, to whom they were given , mould ex- pend them for their owne defence, and for the defence of the Common-wealth : The third 3 that theft have preft the King to dilcharge fome great Officers of theCrowne, and to eleft others. As touching the firft,my Lord 3 I would faine learne what difadvantage the Kings of this Land have had,by con- firming the great Charter ; the breach of which,have ferved onely men of your Lordfhips ranke,to affift their owne pa£ fions,and to puriiih and imprifon at their owne dhcretion the Kings poore Subjects. Concerning their private hatred, ■with the colour of the Kings fervice, for the Kings Ma- Jeftie takes no mans inheritance (as I have faid before) nor any tjrf iny mans life, but by the Law of the Land, according to the Charter* Neither doth his Majeftie imprifon any man,(mat- ter of pra£tice 3 which concernes the prcfervationof his eftatc excepted) but by the Law of the Land. And yet he ufeth his Prerogative, as all the Kings of England have ever ufed it: for the fupreme reafbn caulesto practice many things with- out the advice of the Law. As in Iniurrections and Rebelli- ons^ ufeth the Marftiall,and not the common Law.without any breach of the Charter , the intent of the Charter confi- dered truely. Neither hath any Subject made complaint,or beenc grieved, in that the Kings of this Land, for their owne fafeties,and prefervation of their eftates, have u(ed their Pre rogatives,the great Enfigne, on which there is written foil Deo. And,my good Lord, was not 'Buckingham in England, and Byron in France condemned 3 their Peercs uncall'd } And withalljWas not Byron utterly (contrary to the cuftomes and privilcdges of the French) denyed an Advocate, to aflift his defence ? for where Lawes fore-caft cannot provide remedies for future dangers, Princes arc forced to aflift themfelves by their Prerogatives. But that which hath been ever grievous, and the caule of many troubles very dangerous,is,that your Lordftiips abuling the reaibns of State, doe punifli and im- prifon the Kings Subjects at your pleamre. It is you, my Lords,that when Subjects have fometimes need of the Kings Prerogative 3 doe then ufe the ftrength of the Law, and when they require theLaw 3 you afflict them with the Prerogative, and tread the great Charter ("which hath beene confirmed by 1 6*. Acts of Parliament,) under your feet,as a torne Parch- ment or waft Paper. Couns. Good Sir, which of us doe in this fort breake the great Charter > Perchance you meane, that we have advifeet the King to lay the new impofitions. Jus t. No,my Lord,there is nothing in the great Charter againft impolitions : and befides that , neceflitie doth per- (wade them. And if neceflitie doe in fomewhat excufe a pri- vate man a fortiori, it may then excule a Prince, Agai»e,the I 2 Kings (66) Kings Majeftie hath profit and inereafe of Revenue by the impositions. But there are of your Lordfhips ( contraric to the direct Letter of the Charter ) that imprifon the Kings fubjefts, and denie them the benefit of the Law, to the Kings difprofit. And what doe you otherwife thereby (if the im* poiitions be in any fort grievous) but Renovare dslores ? and withall digge out of tfae duft the long-buried memorie of the fubje&s former intentions with their Kings. Couns. What nieane you by that? Just. I will tell your Lordfhip when I dare : in the meane time it is enough for me,to put your Lordfhip in miad, that all the eftates in the world,in the offence of the people, have either had profit or neceflitie to perfwade them to adventure it; of which, if neither be urgent, and yet the fubjeft ex- ceedingly grieved, your Lordfhip may con je&ure, that the Hoirfewill be humble fuitors foraredrefle. And if it be a Maxime in policie, to pleafe the people in all things in- different, and never fuffer them to be beaten_, but for the Kings benefit, (for there are no*blowes forgotten with the fniart but thofe) then I fay to make them vaflals to vaflais, is but to batter downe thofe mattering buildrngs,erefted by King Henry the feventh , and fortified by his Sonne, by which the people and Gentlemen of England were (wrought to depend upon the King alone. Yea, my good Landfyendtne, faith the Irijh Churle. Coun s . Then you thinke, that this violent breach of tfae Charter will be the caufe of feeking the confirmation of it in the next Parliament, which otherwise could never have been moved. Just. I know not my good Lord, perchance not ; for if the Houfe prefle the King to graunt unto them all that is theirs by the Law, they cannot (in juftice) refufe the King all that is his by the Law. And where will be the iflue of fuch a contention X I dare not divine, but fore I am that (6i) that it Will tend to the prejudice both of the K. and fubjeft. Coun. If they difpute not their owne liberties 5 why (houid they then difpute the Kings liberties, which we call his Pre- rogative. Just. Among fo many and fo diverfe fpirits, no man can fore-tell what may be propounded • but howfoever, if the matter be not (lightly handled on the Kings behalfe, tbeie difputes will (bone diiTolve : for the King hath fo little need of his Prerogative, and fo great advantage by the Lawes,as the feare of impairing the one, to wit, the Prerogative, is (b impo(Tible,and the burthen of the other (to wit) the Law fo weightie s as but by a branch of the Kings Prerogative, namely, of his remi(fion & pardon,the fubje&is no way able to undergoe it. This : my Lord 3 isno matter of flourifla that I have (aid,but it is the truth 5 and unailfwerable. Couns. But to execute.the Lawes very feverely^ would be very grievous. Just. Why, my Lord, are the Lawes grievous which our (elves have required of our Kings ? And are the Prerogatives alfo which our Kings have referved to themfelves, alio grie- vous I How can fuch a people then be well pleafed > And if your Lordfhip confefle that the Lawes give too much, why does your Lordftrip urge the Prerogative, that gives more ? Nay,I will be bold to fay it,that except the Lawes were bet- ter obferved, the Prerogative of a religious Prince hath ma- nifold lefle perils then the Letter of the Law hath. Now,my Lord,for the fecond and third, to wit, for the appointing of Trea(urers,and removing of Coun fellers, cur Kings have e- vermore Iaught them to fcorn that have prett either of the(e, and after the Parliament difTolved, tooke the Money of the Treafarers of the Parliament, and recalled and reitored the officers difebarged , orelfethey have beene contented., that fonie fuch perfons mould be removed at the requeft of the whole fcingdome, which they themfelves out of their noble natures would not (eeme willing to remove. Couns. Well Sir, would you notwithstanding all theft argument9 3 advife his Majeftie to call a Parliament? I 3 Just. (6%) Juir • It belongs to your Lordftrips, who enjoy the Kings favour ,and are chofen for your able wtfdome to advife the K It were a ftrange boldnefle in a poore and private perfon, to advifc Kings , attended with fo underftanding a GouncelL But belike your Lordfhips have conceived fome other way, how money may be gotten otherwife. If any trouble (hould happen, your Lordfhip knowcs, that then there were no- thing fo dangerous for a King, as to be without money : a Parliament cannot aflemble in hafte 3 but prefcnt dangers re- quire haftie remedies. It will be no time then to difcontcnt the fubje&s,by ufing any unordinarie wayes. Couns. Well Sir, all this notwithftanding, we dare not advife the King to call a Parliament • for if it (hould fiicceed ill,wethatadvi(e,fhould fall into the Kings difgracc. And if the King be driven into any extremitie,we can fay to the K. That because we found it extremely unplt afing to his Maje- ftie to heare of a Parliament , we thought it no good manners to make (iich a motion. Just. My Lord, to the firft let me tell you 3 that there was never any juft Prince that hath taken any advantage of th« fuccefle of Councels,which have beene founded on reafon. To feare that, were Co feare the lofle of the Bell more then the lofle of the Steeple,and were al(b the way to beat all men from the ftudics of the Kings fervice. But for the fecondj, where you fay you can excufe your (elves upon the Kings owne protecting againft a Parliament, the King upon better consideration may encounter that fmenefle of yours. Couns. How I pray you? Just. Even by declaring himlelfe to be indifferent, by calling your Lordfhips together,and by delivering unto you, that he heares how his loving (ubje&s in generall are wil- ling to fiipply him,if itpleafe him to call a Parliament • for that was the common anfwer to all the Sheriffes inEngland, when the late benevolence was commanded. In which re- fpeft, and becaufe you come fbort in all your projefts, and becaufe it is a thing moft dangerous for a King to be with- ©nt Treafure,he requires fuch of yotyas either miflike,or ra- ther (*3> tiler fear a Parliament^ let down your reafons in Writing.; for which you either miflifced, or feared it. And fuch as wifh and defire it, to (et downe aniwers to your obje&ions : And Co (hall the King prevent the calling or not calling on his Majeftie, as fbmeof your great Counfellers have done in many other things,ftir«ikin^^their (houIders,and laying, The K. will have it fo. Couns. Well Sir, it growes late,and I will bid you fare- well ; only you (hall take well with you this advice of mine, that in all that you have (aid againft our greateft,tho(e men In the end (halbe your Judges in their owne caufe : you that trouble your felfe with reformation, are like to be well re- Warded ; for hereof you may allure your felfe, that we will never allow of any invention, how profitable fbever, unlene it proceed,or (eeme to proceed from our (elves. Just . If then 5 my Lord,we may prefame to (ay that Prin- ces may be unhappy in any thing , certainely they are un- happy in nothing more then in fuffcring themlelves to be (b inclofed. Againe,if we may bcleeve P//#v>who tells us, that 'tis an ill figne of profperity in any kingdome or State,where (uch as deferve well, nnd no other rccompence then the con- tentment of their owne confciences j a farre worle figne is it, where the juftly accufcd (hall take revenge of the juft accufer. But,my good Lord,there is this hope remaining, that feeing he hath beene abufed by them he trtafted mod , fee will not for the future Co difhonour his judgement ( (b well infor- med by his owne experience) as to expo(e fiich of his vaflals (as have had no other motives to ferve him, then (imply the love of his Perfon and his Eftate) to their revenge^who have onely beene moved by the love of their owne fortunes, and their glory. CouNs. But good Sir, the King hath not beene deceived by all. Just, No,my Lord, neither have all beene trufted, neither doth the world accufe all ; but beleeve, that there be among your Lordfhips very juft and worthy men, afwell of the No* bilitie as others D but thoft though moft honoured in the Common* Common-wealth, yet have they not beene mod imployed your Lordfhip knowes it well enough , that 3. or 4-of your Lordfhips have thought your hands ftrong enough to beare up alone the weightieft affaires in the Common-wealth;, and ftrong enough, all the land have found them to beate downe whom they pleafed. Coun s . I underftand you, but how (hall it appeare that they have onely fought themfelves. Jus x . There needes no profpettive glafle to diicerne it, for neither in the treaties of peace and warre, in matters of revenue, and matters of trade, any thing hath happened ei- ther of love or of judgement. No my Lord, there is not any one action of theirs eminent,great orfmall, the greatnefle of themfelves onely excepted. Coiws. It is all one, your papers can neither anfwer nor reply, we can. Befides you tell the King no newes in delive- ring thele complaintsj for he knowes as much as can be told him. Just. For the firftmy Lord, whereas hee hath once the reafons of things delivered him, your Lordfhips fliall neede to be well advifed , in their anfwers there is no fophiftrie wil ferve the turn,where the Judge, & the underflanding are both fupreme. For the 2 d , to fay that his Majefty knowes, & cares not^hat my Lord were but to defpaire all his faith- full fubje&s. But by your favour my Lord , we fee it is con- tr ary, wee finde now that there is no iiich Angular power as there hath beene, juftice is defcribed with aballanceinber hand,holding it even,and it hangs as even now as ever it did in any Kings daies,for fingular authority begets but generall oppreffion. Couns. Howfoever it be, that's nothing to you.that have no intereft in the Kings favor, nor perchance in his opinion, & concerning fuch a one,the mifliking,or but mifconceiving of any one hard word, phrafe, orfentence, will give argu- met to the K. either to c5iemn or reject the whole difcourfe*- And howfoever his M'^.may negleft your informations^you may be fure that others (at whom you point)wil not neglect their their revenges, you will therefore confefle it (when it is too latej that you are exceeding forry that you have not fol- lowed my advice. Remember Cardinall Woolfey, who loft all men tor the Kings lervice : and when their malice (whom he grieved ) had out-lived the Kings affeftion, you know what became of him as well as I. Just. Yea 3 my Lord, 1 know it well, that malice hath a longer life then either love or thankfulnefTe hath : for as we alwayes take more care to put ofFpaine, then to enjoy plea- fure,becaule the one hath no intermiiTion D and with the other we are often fatisfied ; lb it is in the fmart of in/urie and the memorie of good tunics : Wrongs are written in Marble, Benefits are (fometimes') acknowledged 3 rarely requited. But, my Lord, we fhall doe the K. great wrong, to judge hina by common rules,or ordinarie examples: for feeing his Majeftie hath greatly enriched and advanced thole that have but pre- tended his fervice, no man needes to doubt of his goodneflc towards thole that dial performe amy thing worthy reward, Nay, the not taking knowledge of thole of his owne vaflals that have done him wrong, is more to be lamented then the relinquishing of thole that doe him right, is to be fufpefted. I am therefore,my good L.hcld to my refolution by thele j, befides the former. The i . that God would never have blerfc him with fo many years, and in Co many a&ions, yea in all his actions, had hee paid his honeft iervants with evill for good. The 2 . where your Lordfhip tells me, that I willbe ibrry for not following your advice, t pray your Lordfhip tobeleeve, that I am no way fubjeffc to the common for- rowing of worldly men, this ^/"^/w^ of 'Plato being-true, Dolores omnes ex amore animi erga corpus nafcmtur. But for my body, my minde values it at nothing. Coun s . What is it then you hope for or feeke > Just. Neither riches, nor honour,nor thanks,but I onely feeke to fatisfie his Majefty (which I would have beene glad to have done in matters of more importance) that / have liv'd) and will dje m hone ft man. FINIS. The Authors Epitaph, made by himfelfe. TJ Venfuch is Time, which takes in trujt **Our Youths and Joyes,and all rve have y And pay es us hut with age. and duft > Which inthe darke and filent grave, When rve have rvandredall our rvayes, Shuts up the ft or y of our dayes : And from which Earth, and Grave, mdDuft % TheLordJhaUmfemeup Itruft. i