-RALEGH- LIBRARY UNIVERSITY OF NORTH CAROLINA /\io4- Digitized by tine Internet Arciiive in 2011 witii funding from University of Nortii Carolina at Chapel Hil http://www.archive.org/details/prerogativeofparOrale THE PREROGATIVE OF ^ PARLIAMENTS in E N gland: Proued in a Dialogue (^pro (y contra) betweene a Counccllour of Srate and a luftice of P^ace. Written by the worthy (much lacked and lamented) Six IValter Raleigh Knight, deceafed. Dedicated to the l^ngs MateHie, and tothe Uoufe ofFarUment mtp AJfsmhled. ' Preferued to be now happily (in thcfe diftraded Times) Puhhjhsd^ and Printe d at Mtdelburge. _i^^f^^^_ To the Ki NG, Moft 'gracious Souerai^ne : Hefe th.4t ^refup- preji and helpeUffe are commonly fiknt^ wijhmg that the common ill in dfort might he with thetr ■particuUr misfor- tunes : which difpO" fttion^ ai it is vn- churitAhie in aH men^ fo would it he in me more dogge-likc then man-like^ to bite the fiene thatftrooke me ! [to WftJ the horroned autho- ritie iff my Soueragne mi fin formed, feeing their Armes And hands that flang it. Are moB of them aL ready rttten. For I muft confeffe it ener^ that they are debts ^ and net difcontentments, that your Ma» . ieBy hath laid r OwSiV.what (Wrfce you of M; S:Mm triail jn Scat Chamber} I know that the brute ran that .helf ". ""« * Benevolence to the King was vva, ranted by "•ngJthJtMr^Vr M» !?/': ' V"'? "l'"^' "'^''■'f=« « 'i-c ^'^ I.econ/eff"d he h^1?;;/«''^"'°^^ wrote hi, to the Maio' of i?"/f ""'";''" '"'" '"'''« ''^ fl'ips letter there XBlff'^''''1f* ' "''.'" y°"'Lord. condemncthesSina J """V '^^ ='«"'= Statutes did title of a free gift .wE!fir%^'°" 'heSubieft. under downe and required Be? '°'^'';;V "'"'''' ^'- ™» <"« Shires haue given tohifM "'J.S°°''^°fd. though divers ^ Covins* (8) G or N ?v VVc kaowit well enough, but wc haue many other projects* I V5 T. It is tf tic my good Lord: but ycurLordHiip will find, that when by thcfe yea haue drawne many petty fums from the fubjcdls, & thofe fomctimes fpent as faft as they arc gathered, his Majefty being nothing enabled thereby, vvheni' you ihall bt forced to demand your great aitti, the Countrey Will exci f fefufed to follow him into France, il they oiigKf to hatfd donc,and to fay true,this^r*4t Chrter vpon which you in*-" fift To much, was not originally granted Regally aad freely .• for Hffirf the firft did vfiirpe the Kingdomc , and therefore the better to alTurc himfclfe againft Rdhert his eld eft bro- ther, he flattered his Nobility and people with thofe Char- ters. Yea King lebn that confirmed them had the like re- fpc(S; fot yirthftr-Dukz of B»'//4i»«, was rhevndoubtedheire of the Crownc , vpon whom !oh» v(urped. And To to con- clude^thefe Charters had their originall from Kings dt faUo^ hvituoidttHTt, I vs T, But King lohn confirmed the Charter after the death of his nephew Arthur , when he was then J^x de inre ajifoi CovN^. Itistrue,for hcdarft doeno other, ftandiag istccurred,vvhereby few or none obeyed him, for his Nobility refufed to follow him into Scotlmti: and he had fo grieved the people by pulling downe all the Parke pales before har- veft. to the end his Deere might fpoilc the Corne ; And by feizing the temporalities of fo many Biflioprickes into his hands^ and chiefly for praftifing the ^death of the Duke of Bmr of his Reigiic to all Shcrilfes, countermaii- ding all former oppreirion8,yeathis he did notwkhftaiiding the Lords refufed to follow him into France, CoVNS. Pardonme, he did not reft ore King E^ft^o*^^; L^wes then, nor yet confirmed the Charters, but he promi- fcd vpon his abfolution to doe both: but after his returnc out of Fr4«':*j in his \6\ yearehc denied if, bccaufe without fuch aproftiife ht! had not obtained reftitution, hispromifc kciagconftrained, and not voluntary, I VST. Bit what thinkc yott? was h^ not bouJsd in ls©HOut to pcrf^vmc it?- r C 6 V N fi? Ccnainly no, for it was detci'ttiined tTie cafe of King Francis the firft o£FfaHct , that all promifes by him niade, whilfthc was inthe handsof CW/« the fife his ene- my, were void, by rcafon the ludgc of honour , which tdl» vs he duift doe no other. I VST. But King /tfA» was not in prifon, C o V N s. Ycc for all that , rcftrainc is imprifonment^ yci, fearc it felfc is impfifonment, and the King was fubieiS to bothrlknow there isnothing more kingly in a Kingjthem the performance of his word j bur yet of a word freely and voluntarily given.Neither was the Charter of /i/^wy^ the firft fo publifhedjthat all men might plead it for their advantage: but a Charter was left ( in depofito ) m the hands of the Arch- bi(hop of CanterhMY) for the time , and fo to his fuccclfourSi . StephsH Lmfthott^-^ho was ever a Tray tor to the King, pro* duced this Charter, and fliewed it to the Barons,thcreby en- couraging them to make warre againft the King, Neither wasic tkcold Charter fimply the Barons fought to haue co- firmed, but they prefented vnto the King other articles and • orders, ten ding to the alteration of the whole Common- Wealth : which when che Kingrefufed toflgne, the Barons prcfencly put themfelres into the field,and in rebellious and oacragiousfafhion fentthe Kingword,:except he confirmed them, they would not dcfift from making warre againft h im till he had fatisficd them thejein.And in conclufion.theKiDg being betrayed of all his Nobility, in cffe(f^ was forced to grant thaCharter of Magna Charta^ and Charta de Fore ■ j?if, at fuch time as hewasinvironed with an Army in the meadowes of Sujisss , which Charters being procured by force,Popc ImtaffeKt afterward difavovved, and threatned to cur.fe the Barons , ifthcyfubmittcdnoc themfelves as they ought to their Soveraignc Lord , which when the Lords re- fufcd to obey, the King enterteined an army of ftrangcrs for his ownc defence, wherewith having mattered & beaten the JBarons, thej called in Lervif oiFranee{z raoft vnnaturall re* foIution)to be their King* Neither was M^g^a Charta a law sgcheip. ;0ffftf»/^clic,2.- hut (imply a Chattcj: which iic (-5) coft firmed in the 21. of his rcigne, 5c mide it a '^hW in the ij, aecording^>«A/ and yet the King was pleafed to fend forth his writ to the Sheriffcs ofcuery Couci* ty,rcquiring them to certifiewhat thofe liberties were, and how vfcd, and in exchange of the Lords demand) becaule they prefled him fo violently .'the king required all the eaftlef &: places, which the Lords held of his,& had held in the time of his Father, with thofe Manors and Lordfliips which they had heretofore wrcfted from the Crownc, which at that timcCthc King being provided cf force8)thcy durfl not deny. In the 14. yeare he had the ly. penny of all goods given him vpon Condition to confirmc the great Charter: For by rcafon of the wars in France , and the lotle of RecheHy he was then enforced tocofcnt to the Lords in all they demanded.In the lo.of his rcigne hee fined the Citty oi London at 50000. markcs , bccaufc they had received Z.«)r*lr of Fr^wr. In the u. yeare ia the Parliament at Oxford^ he revoked the great Charter being granted when he was vnder age,& governed hy the Baric oi Pemhrekf, and the Bifhop of fVinehefier, Ja this IE. yeare the Earlcs of Ctfr/^erw^i? and ^^f/?f/', Marfliall, JEdw4rd Earle of Pembroke , Cilkert Earle of CUficefier ^ Warren, Hertjerd, Ierrars^& fVarwickfiZnd others rebelled a- gainft the King, and conftrained him to yeeld vnto thcra in what they demaundcd for their particular intereft, which lebellion beingappeafedjbe failed into France^znd in his i$»' yeare he had a 15. of the temporality, & a difnic& a halfc of |fec Spirituality , and w ithall cfcuage of every Knights fee* ^ " Coy as* (9) CovNs, But what fay you to the Parliament of pr'vNs. What rcafon had the King fo to doc? I V s T. Becaufc hee was fo perfwadcd,that they loued his ■Pcrfon, andonely hated thofe corrupt" Counfelours,that then bare the greateft fway vndcr him, as alfo becaufe they were thebeft men of warre hee had, whoai if he deftroyed, hauing warre with the French^ he had wanted Co.iimanders to haue feruediiina. Gov N s . But what reafon had the Lords to take armes,? I V s T. Becaufe the King entertained the Peitlouim^^xe. not they the Kings vaflals alfo? Should the 5f^w<iglam^j'y/v\Kf^Q( thQ Duke of E^erKon (in right of his wife) bearcsrhetitieto this day. And to the fame end I take it, hath lames our Soueraignr Lord giuen lands codi- uers of the Nobilirie of Scotland. And if I were worthy to adnifc your Lordlhip, I fhould thinke that your Lordfhip Ihould doc the King great feruicc to put him in minde to pfo-. hibife all the ScottipiNsLtion to alienate and' fell away their inheritance here; for they felling, they notonely giue eaafe to the E»glifi} to complaine that the rreafureof S/igUnd is . tranfported into Scotland, but his Maieftie is thereby alio fruftrated of making both Nations one, and of affuring tlie feruice and obedience of the Scots in future. CoVNS. You fay well, for though thofe of Scotiand that areaduanced, and enriched by the Kn^s Maiefiies will, no doubt fcrue him faithfully, yet how their Heircs and fucccf- fours, hauing no inheritance to looPc in EngUndmzy bcefe-^ duced is vncertaine. But let vs goc on with our Parliamenr. And what fay you to the deniall in the fixe and tvrcntiechyeere of his reigne, euen when the King was inuited to cotne into France by the Earle of c long before had fpentmuch treafare iv\ a'" i*^rg C a.- ^ii>s tbe Duke of Britaioe to no purpofc, for hec 4rew cuer the King but to draw^ on good condirioiis for hifrXclfc, as the Earle oizyMarch his father in law now did : As the Englifh Barons did inuite Lewes of France not long before, as in el- der times,all tbe-Kings and States hadd0ne,and in lat-e yccres ths Leaguers of Frame entertained the S^niards, and the Fr^w^ Proteftants, and Netherlands, Q^cziz£lix.^btth,v\ol 'with aiiy jMirpofe to greaten thofc that aide then^,but to pur- chafe to tbemfelues an aduantagcous Peace. But what fay the Hiftorics to this dcnbll ? they Dy with a world of pay- ments there flnemioned, that the King had irawne the Nobi- litie drie. And befidcs, that whereas not long before great fummes of money were giuen, andthe fame appointed ro bee kept in foure Caftles, and not to bee expet.ded but by the ad- uice of the Pceres ; it was belecued tliat the fame rreafure was yet vnfpent. Co V N s . Good Sir, you haue faid enough,iudge you whe- ther it were not a dillionour to the King to bee fo ty ed,3s not to expend hisTreafure, but by other mensaduceasicwere by their licence. I V s T. Surely my Lord,thc King was well aduifcd to take the money vpon any condition^ and they were foolcs that propunded the reftraint, for it doeth not appeare that the King tooke any great heed to thofe ouerfccrs. Kwgi are boiind by their Pietie, and by no other obligation. In Qucene fJJ^aries tirae,when it was thoughtthat Ihe was with chi!d,it was pro- pounded in Parliamentjthat the rule of the Realme Ihouldbee giuen to King FhiUp during the minority of the hoped Prince or PriRCcffe,& the King offered his aflurance in great fummes of money to relinquilh the gouernment at fuch time as the Prince or Priiiceflc fhould be of age : At which motion when all elfe were fiient inthe honfe. Lord Dmvcs (who was none of thewifeft ) asked whoiball fue the Kings bondcs, which ended the difpute, for what bond is betweene a King and his valTals, then the bond of the Kings Faith. ) But my good Lord, the King notwithilanding the denial! at that time was with gifts trom particular perfons, and otberwife fupply- cd ed for proceeding of his iouroey for that time into France, he tookewithJiim thirtie Caskes filled with filuerand coyne, which was a great Ti^allire m thofe da}'es. And iaftly, not- withftaading the firft denyall intl-ie Kings abfent he had E£cu- age granted him (to wit) 20 $. of euery Knights Fee. Gov N s . W hat lay you then to the 28 . yeere of that King, invvhich when the King demanded reliefe, the States would not confent exce|>t the fame former order had beene taken for the appointing of fouie Ouerleers for the treafure. As alfo that the Lordchiefe luftice and the Lr rd Chancellor iLoald be chofen by the States with fome Barons-of the Exchequor and other officers. I vs. My good Lord,admit the King had yeelded their de- mands, then whatfoeuer h id beene ordained by thofe Magi- ftrates to the diflike of the Common-wealth, the people had beene without remedy, whereas while the King made them, they had their Appeale and other remedies. But thofe de- mands vaniflied, and in the end, the King had Efciiage giueii him, without any of their conditions. It is an excellent ver- tue in a King to haue patience, and to glue way to the furie of mens pafsions. The W hale when he is ftroken by the Fiflier- man, growes into that farie,that he cannot be refifted,but will ouerthrow all the Ships and Barkes that come into his way, but when he hath tumbled a while, he is drawne to thcfhore with a twine thred . Cov N s . What fay you then to the Pai-liament in the nine and twentieth yeere of that King. I VST. I fay that the Commons being vnable to pay, the King relieues'himfelfe vpon the Richer fort, audio it likewife happened in the 55. of the King, in which heewas relieued chiePely by the Citie of London. But my good Lord, in the Parliament in London, in the 3 8. yeere,hee had giuen him the tenth of all the Reuenues of the Church for three yeeres, and three markes of cuery knights fee throughout the kingdome, vpon his promiie & oath vpon the obferuing o£f»a^na Charta but in the end of t5|j| fame y eere,the king being then in France, he was denyed the aides which hee required. What is this to C 3 the (I4> the danger of a Parliament? efpecially at this time they had rcafon to refufejthey had giuen fo great a fummc ia the begin- ning of the fame y eare And ag lin becaufe it was known that the Ki.g had but pretended warre with the king of Caftilc withwhon)heljadfecrctly concradcd an alliance and con- cluded a mariage betwecne his Sonne Edward and the Lady Slemr. Thcfe falfe fires doe but fright Children and it commonly falksout that when the caufe giuen is knowne to be falfe, theneccltity prctendfd is thought tobeefained, Royall dealing hath euerraore Royall fuccefTc t and as the King was denied in the eight and thirtieth yeare, fowashec dented in the nine and thirtieth yeare, becaufe the Nobility and the people faw it plainely that the King was abufed by the Pope, who afwell in defpite to Manfred baftard fon to the £mperour Frederkh the fecond^s to cozen the King and CO waft him, would needs beftow on the King the kingdomc of Sicilicj to recouer which, the King fent all the Treafurc he could borrow or fcrapc to the Pope, and withall gaue him letters oFcredence, for to take vp what he could in Italy, the King binding hin^felfe for the payment. Now ray good Lord the wifdome of Princes is fecn in nothing more then in their enterprifes. So hovy vnpleafing it was to the State of Eng- land to confume the treafure of the Land, and in the cojiqueft of Sicily, fo iarreof, and otherwifc for that the Englifli had lofi: t4ormandy vnder their nofes and fo many goodly parts, ofFranccoftheiro^nc proper inheritances : the reafon of thcdcniallisas welltobe confideredasthedeniall. Cons. Was not the King alfo dvnyed a Subfidy in the fourry firft of his raigne. Iv jSt . No my Lord, for although the King required mo- ny as before for the impofsible conqueft of Sicily , yet the Houfi offered to giue jiooomarkes, which whither hce re- fufed or accepted is vnccrtaine,& whilft the King dreamed ©f Sicily, the Wel(h inuaded and fpoyled the borders of Eng, land, for in the Parliament of London j whenrhc Ki''g vrged the he vSe for the profecuting the coqueft^TSicily , the L >rds utterly Qifliking the attempt , vrged the profccatif^^ of the Wtiihj^cn 05) Welflimcn : which Parliament being prorogcd did again af- ^ ^^ ^^ femble at Oxford, & was called the tnaddeParlament, which i*^«^^^ was no other then an affcmbly of rebels, for the Royal! affenc 1!/^^!^ of the K. which gines life to all lawcs, form'd by the three eftatcsjvas not a Royal aflVntjWhcn both the K. & the Prince were cod rained to yceldtothe Lords, A conftrained confenc is the confenc of a Capriue,and not of a K- and therefore there was nothing done there either legally or royally. For if it be not properly a Parliament where the fubitd 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 tweluc Peercs appoin- ted, and as fame writers bauc ic24Peeres, to gotierne the Realme, and therefore the aflembly made by fackjStra^^^e and other rebels n^ay afw^cl be called a Parliament as that of Ox- ford* Princifisnomenhnbereiftonefi ejfe PrincepSt for thereby wasthe King driuen not only to compouud all quarrels with the French, but to hauc meanes to be revenged on the rebell Lordsvbut he quitted his right to Normady Aniou & Maync. CovNs.Butfir, what needed this extremity, feeing the Lords required but the confirmation of the former Charter, which was not preiadiciaU to the King to graunt ? IvsT. Ycsmy good Lord, but they infultcd vpcn the King,and would not fuffer him to encer into his own Caftles, they put downe the Purueyor ©f the meatc for the mainetc- nancc ofhishoufe, as if the King had beene a bankrupt, and gauc order that without ready money he Ihouid not rake vp a ChfckenfAnd though there is nothing againft the Royalty of a King in thefe Charters (the Kings of England beeing Kings offrcemen and not of flaues) yet it is (o contrary ro the nature of a King to be forced cncn to thofe things which may bee to his aduanrage, as the King had fomc rcafon to feekethedifpcnfationqt his Oath from the Pope, and to drawc in ftrangers for his owne dc fence ; yea lurefdm Co- rona noflrdt is inicndedinclufiuely in all oarhcs. and promifcs exaded from aSoueraigne, : . U'O -c:< ;-; u "^\. V'*^ ** Cov N. But you caaot be ignorant'ho'W xiangerohs a thin^ ic is to call in ocher nat.iQjbu^ for the Ipoile they makcas al- fo its') (bjbccaufc they haue ofen kli3 the polVcfsipn of the beft pla- ces with which they h^ue beene tniftcd IvsT. lets true my good Lbai, char there iftrothmg Co daungerous for a K ng as to be conftrain d ami he'd as prifo- ner to his vaffa'.s, tor by ih^t:^B'dW'frd the ff.QC'cJ^^n ^ Rtchard the fccond loft their Kingdomes and their lines. And for cA- Hngifiof ftrangers, was not Km^ Edward the fixth driucn to call in ftnin^ers againft the rebels in Noifolke, Corne- wall, Oxfordfliirc and elfewhere ? Haae not the Kings of Scotland bene oftentines conftrained co cntertaine ftrangers againftthe Kings of England, And the King of England at this time had he nobindtiierfetimesarsiftedby the Kings of Scotland, had bin endangered co haue bin expelled for eucr. Gov Ns. But yet you know thofc Kings were depofed by Parliament. I V ST. Yea my good Lord being prif^ners, being out of poflfefsion, and being in their hands that were Princes of the blood and pretenders. It \s an; old Countrcy prouerbe : (that imght ouercomes right : ) a weake title that wcares afhong fword^ commonly preuailes againft a ftroiig title that weares buta Weake onejOtherwife PhtUp the (econd had neuer becrifc Duke of Portugall,nor pake of Millaine,nor King of Naples and Scicilie. But gQoSjLoid^Errorcs nsnfunt traberidi in exem- flum • I rpeake of regall, peaceable, andlawfuli Parliaments, The King at this tine was but a King in namc/or Gloceftcr, Leycefter and Chicheftcr made choife of other nine, to whom the rule of the Realme was cerrmittcd, and the Prince u^as forced to purchafe bis libertie from the Earlc of Leycefter, bygiuingfor hisranfomc the County Pallatine of Chefter. But my Lord let vs iudge of thofe occafions by their euents, what became of this |rroud Earic ? was hee not foone after flaine in Eueftiam } was he not left naked in the field,and left a (hamcfull fpeftacle, his head being cut off from his (houl- ders^his priuy parts from his bodv',and laid on each ide of his nofc? Anddiditot God extinguilh his race, after which in a lawfull Parliament at Wcftrainfter (confirmed in a follow- ing Parliament of Weftiminfter) were not all the Lords that followed (17) followed Ley cefter difinheritcd ? And when that foole Glo- ccfter, after the death of LeyceRer (whom hec had formerly forfaken) made himfelfc the head of a fccond Rebellion, and called in ftrangcrs, for which not long before he had cried out • aeainft the K. was not he in the end, after that he had fecne the daughter of fo many of the Barons, the fpoile of their Ca- ftles and Lordfhips conftrained to fubmit himlelfc, as all the furuiuersdid, of which they thatfpedbeft, paid their fines and ranfomes, the King referuing to his younger Tonne, the Earledoracs of Leycefter and Derby. Gov N s . Well fir,we haue difputed this King to his graue, though it be trae,thac he outl iued al 1 his enemics,and brought them toconfufion, yctthofc exaa.ples didnoi:terrifie their fucceffors, bat the Earle iJMarfijaU. a«d Hereford, threatned iCing£^w^''^thefirft,withanewwarre. IV s T They did fo, but after the death cf Hereford, the Earle MarJhaS repented himfclfe, and to gaine the Kings fa- uour, he made him heire of all his Lands. But what is this to the Parliament? for there was neuer Kmgof this land had more giuen him for the time of his Raigne, then Edward the fonne of Henry the third had. CoVNS. Howdoethitappeare? I V ST. In this fort my good Lord,tnthis Kings third y cere hee had giuen him the fifteenth part of all goods. In his fij^t yeere a twentieth : in his twelfth yeerc a twentieth : m his fourcteenth yeere he had Efcuage (to wit) fourtie (hillings of cuery Knights Fee : in his eighteenth yeare hee hadtheele- ucnthparcof allmoueable goods vvithinthckingdome,inhis nineteenth yeere the tenth part of all Church liuings in Sng- land, Scotland, and Ireland, for (ixe yeeres, by agreement from the Pope/m his three and twentith yeere he raifed ataxe vpon wooll and fcls.& on aday caufed al the religious houfes to be fearchcd,&al thetreafure inthetobefeized & brought to his coffers, excufiug himlelfe,, by laying the fauk vpon his crearurer,he hadalfo in the end of the fame yeere,of al goods, of all Burgefles, and of the Commons the lo, part : in the a j, yeere of the Parliament of S. EdmHndshfiry,Ue had an 1 8. part of the eoods of the Burgefles, and of the people in generall, *" D the (r8> the tenth part. Hechad alfothe fameyeerc by putting the Clergy out of his protedion a fift part of their gcx)d"j, and in the fame ycerc he let a great taxe vpon woolls, to wit, ff om halfeamarke to 40, (hillings vpon cucry facte, whereupon the Earle Marshall, and the Earle of Hereford refufing to at- tend the King into Flanders, pretended the greeuances of the people. But in the enJ, the King hauing pardoned them,and confirmed the great Charter, hce had the; ninth penny of all goods, from the Lords and Commons of the Clergy, in the South he had the tenth penny,and in the North the fife penny. In the two and thirtieth yecre, he had aSubfedy freely gran- ted : in the three and thirtieth yeerc, hce confirmed the great Charter of his ownc Royal! difpoficion, and the States to & in many ages a;ter,to change the Treafurer and the Chancellor euery j.yeares.fic withalltoheareallmcnscomplainrsagainfttl;<^o CovNS. But by this often change, the faying is verifi- ed, that there is no inheritance in the friuour of Kings. Hee that keepeth th^ (i^ge tree (iaiixh Salomof^fuall cate the frmte thereof liov reafon it is thatthe kruant liue by the Mafter. ' IvsT , My Lord, you fay well m both,but had the iubie6V •an inheritance inthe Princes favor, where the Prince hatn no inheritance iftthe^ie^s fidelicy,th€n were kings in more £ vn- (26) vnhappy eftate then common perlbinsr For the re([iSaUmon mcaneth not, that liethat ke^pctlo the ji^g^ tree fliould fuifer, though he meant he ftiouldeatc, hee meant not he fhould breake the branches in gathering the figs, or eace the ripej& leaue the rotten for the owner of the tree j for what faith hec in the following chapt€r,he faith that he that mah^eth hafie to he richt cannot he innocent . And before that, he faith, that the end of an tnheritunce hxflily gotten, cannot be yiejjed. Your Lordfhip hath heard of few or none great with'Kings, that haue Gifit vfed their power to opprelTe, that haue not grown infolent & hatefull to the people jyca^infolent towards thofe Princes that advanced them. CovNs, Yet )oii fee that Princes can change their fancies. IvsT. Yea my Lord^when favorites change their faith, when they forget that how familiar focuer Kings make the- felues with their Vailalsj yet they are kings : He that provo- ke th A King to anger {(zxxh Salomon) fnneth itgainfi his owne foHle, And he further faith, that pride goeth before dejlru&ioti, 4nd a high mtnde before a faX, I fay i:herefore,that in difchar- ging thofe Lucifers , how deare foeuer they haue beene, l}\t\\ that of the next Conftables willferuethe turneto afiront.he greatell Lords in £«^/<2W that fhallmoue againQ the Kins, The force therefore by wh.ich our Kings in former times were troubled is vaniilit away. But the nece(hties rernaine. The people therefore in thele later ages, are no ielle to bee pleafed then the Peeres ; for as the later are become leire,fo iy reafonofthetrayning through EngUnd^ tlv; Commons ■ . . £ 2 luue • (»») haaeallthc weapons in their hands. ^ CovNS^ Andwasitnotfbeuer ? I VST. No my good Lord, for the Noblemen had in their Armories to ftirnifhlbme of them a thoufandjfome two thoufand, fome three thoufand men, whereas now there are not many that can armc fifty. C o V N 5 . Can you blame them ? But I wifl only anfwer for my felfe,bet weene you and me be it fpoken, I Kold it not fafe to maintained great an Armorie or Stable, it might caufe me or any other Noble man to be fufpeded.as the pre- paringof fome Innouation. Xnijti^BSimmm, Why fomy Lord, rather to bee commended as preparing againft alldanger of Innouation. G o V N s . It (hould be fo, but call your obfcruationto ac- compt,ard you (hall find it asl fay, for (indced)fuch a jealou- fie hath been held euer fince the time of the Ciuill wars, ouer the Military greatncsofourNobles,asmadethemhauc litis will to bend their ftudiesthat waies : wherefore let euery man prouidc according as hee is rated in the Mufter booke, you vnderftand me. I V- s T. Very well my Lord, as what might be replied in the perceiuingfomuch ; I haueeuer ( todeale plainely and freely with your Lordlhip ) more feard at home popular violence,then ail the forreinc that can be made,for it can ne- uer bee in the power of any forreinc Prince, without a Pa- pifticall party, cither to dilbrder or endanger his Majefties E(?ate. CovNS. By this it feemes , itisno leffc dangerous for a.king to leaue the power in the psople.then in the Ncbility. I vs T. My good Lord, the wifedome of our owns age, is the foolifhnes of another, the time prcfent ought not to bee prefer'd to the Policy that was, but the Policy that u^as, to the time p.efent. So that the power of the Nobility being now withered, and the power of the people inthefiowrcj the care to content them would not be neglefted, the way to win them often pradiicd, or atlcan; to defend them from opprefijon. The motiuc of all dangers thai euer this Manar- chy (29) chy hath vndergone, fhould bee carefully heeded, for this Maxime hath no porterne , Poteftas humanci ramcatur in volnntatibus hominHin, And now my Lord, for King Ed^uird it is true, thoi>gh he were not rubje6l to force, yet was hee fubic6lton?ce3icy,whichbccaufeitwas violent, hee gauc way vntoit, Potsfias (^diixh Pitkagoras ) jitxtanecejfitatCTru habitat. And it is truc,thatat the requeftof thehoule he dis- charged and put from him thole before named, which done, he had the greatcfl: gift ( but one J that euer he receiued in all his daiesfto wir)fromeuery pcrlbn^man and woman, aboue the ageotfourteene yeares 4^^ ofold mony,which made ma- ny Millions of Groats,worth 6^ of our mony.This he had in generalhbcfideshchadofeuery benificedPrieft,! 1^, Andof the Nobility and Gentry,! know not ho*v much/or it is not fet downe.Now my good Lord, what loft the King by fatif- fy ing the dcfires of the Parliament houfe ; for atfoone as hee had the money in purfe, hee recalled the Lordsj and reftored them,and who durft call the King to accompt.when the Af- fembly were dilfolued. Where the word of a Kinj is, there is foVcer (fjith Sccleji^fticus ) ^hojhallfay vnto him, V^hat doefi thoai'Cs.khthe fame Author, for euery purpofe there is a time & judgcment.the King gaue way to the time,& his judgmec perfwaded him to yceld to neceflity, ^Qfjfularim nemo mehor ejf (jjff aft temp uu CovN s . But yet you fee the King was forc'd to yeeld to their deraaunds, IvsT. Doth yourLordOiip remember the fay ing of /!/(?«<- fienr de Lavge, that he that hath the profit of the warrc, hath alio the honour of the vvarre, whether it be by battaile or re- treate. the King you fee had the pi-ofit of the Parliarnent.and therefore the honour alfo, what other end had the king then to fupply his wants* A wife man hath es^ermore rcrpe6l vn- to his ends : and the king alfo knew that it was the loue that the people bare him, that they vrged the remouingof thofe Lords, there was no man among them that fought Ismfelfe in that defire, but they all fought \X\z King, as by the fuc- cellc it appeared. My good Loi d, hath it not been ordinary E 3 in (5°) in England and in France to yeeld to the demaunds of rebels, did not Ming Ruhard the fecond graunt pardon to the out- raijious rogues and murtbercrs that tollowed latk^Straw, & IVat Ttler,3Stct they had n^urthered his Charcellor^his Trea- {iner^Chiefe luftice, and others^ brake open his Exchtquer, and committed all manner of outrages and vi]]anies,and why did he doe it, but to avoid a greater danger : I fay the Kings haue then yeeidcd to thofe that hated them and their cftates, (to wir) to pernicious rebels. And yet without difhonour ihaliit be called difhonour for the King to yeeld to honeft defirw ofhis fubje6}s. No my Lord, tho(e that tell the King thofetaleSjfeare their ownediflionourjand not the Kings/or the liououtof the King is fupreame, and being guarded by iijftice and piety, it cannot receiue neither wound nor fhyne. CovNs. ButSir, whatcaufe haue any vnder our King to fearea Parliament.^ Iv s T, -The fame caufe that the Earle of Sti^olke had in Richard the feconds time, and the Treafurer Fartham^ with others ; for thcfe great officers being generally hated for ab- ufing both the Kin^ and the fubie^l, at the rcqueft of the States vveredifcharged, and others put in their roomc«. CovNS. And was not this ahfchw£re hk Grandfathers at th'i'timeofhis-death^^.hn'U ^erethej-be become^ $^ This (34) This isinefFe6V the fubftancc ofthecotnmifnon, which your Lordfhip may r cade at large in the bookc af Statutes, this commiffion being enabled in the tenth yere of the Kingf reigne. Now if fudi a comFnifiion were in thtffedaJes gran- ted to the faithfall men that hauenointercft in the fales,gift$ nor purchafts , nor in the keeping of the Jewells at the Queencs death, nor in the obtaining,grauntsof the Kings beiHands, I cannot fay what may be recoucred, & jufily re. covered} and what fay your Lordfliip, was netthis anobitt a(fte for the King, if it had becne followed toeffe6l ? CoVNS, I cannot tell vvheiher itwere or no, for it gaue power to the Commiflioners to examine all the graunts, IvsT. Why my Lord, doth the King graunt any thing, that fhames at the examination ? are not the Kings grams on record ? CovNS. But by your Icaiie, it is Tome dishonour to a King, tohauehi» judgement c?l!fdinqucflion. IviT. That i< true my Lord, but m thisj or wHenfoc* Ver the like (hall be g-^aanred in the future, the Kuigs judge- ment is not < xamincd, Dut their knavery that abu-td tiie K, Nay by your favour, the contrary is true, that whena King will iijffer himfcUe to bee eaten vp by a company of petty fello ACS, by himfelfc railed, therein both the judgement and courage is difputed. And if your Lordfhip will difdaifle it at your own fervants hands, much more ought the great heart of a King,to difdaine it. And iurely ray Lord,it is a greater ireafon (though it vndercrecpe the law ) to tcare from the Growne the ornaments thereof : And it is an infallible ma.- xime, that hee that loues not his Maiefties eftatej loues not hisperfon. CovNs. How came it then, that thca61:e was not esc" cuted ? IvsT. Bccaufcthefejagainft whom irwas graijnted,per- fwaded the King to the contrary : As the Duke oUreland^ 5«^/%,the chief luSkiccTreftltan, & others,yea,that which W4S lawfully done by the King, and the great Councellof the kingdom?, was,(by the maftsyy y^hichfrelmd, SnfoJh^ ■" And- (3 and Trsfilia*i had oucr the Kings afFe£liors)brokcn and ^[t- avowed. Thofcthatdeuifed torelieue the King, not by any private invention, but by generallCourcelL were byapri- vateandpactiaUaircmblicadjudgedcraitors, and the moft honcft ladgcsof theland, entorccdtofiiblcribetothat judg. mcnt. I n fo much that Judge Belki^ap plainely told the Duke oflrelaffd ^9,nd the Earle ot'SuffoIke, when hce was confirai- ned to fee to his hand, plainely told thcfe Lords,that he wan= ted but a rope, that he might therewith receiue a reward for hisfubfcription. And in this Councell of Nottmgbam was liatchcd the ruine of th»fe which governed the King, of the lodges by them conftrained, of the Lords that loued the King,and fought a reiorination,and of the King himfelfe; for though the King found by all the Shrceues of thcfhires, that tjic people would not fight againCl the Lordes, whom they thought to bee moftfaithtullvnto the King, when the Citi- zens ot Lc^dftw made the fame anfwere, being at that time able to arme 50000 men,(& told the Major that they would ni ver fight againtt the Kmgs frien'^s, and defenders of the Re.1l me, when the Lord Ralph B^f»t, who was neere the K» toldthe-King boldly that he would not adventure to haue his head broken for the Duke of IreUnds pleafore, when the Lord of London told theEaric oiSujfelki in the Kings prcfcnce, that he was not worthy to liuej&c.yet would the King in the defence of the deftroyers of his eftate, lay am- bulhes to intrap the Lords, when they came vpon his faith^ yea when all was pacified, and that the King by his Procla- Biation had cleer'd the Lords, and promifed to produce Ire. Und^Suffolkipc the Archbifliop of Tsrke^TrefiUan & 'Bram. hereto anfwer at the next Parliamentjthefe men confeft, that they durft not appeare^and when Snfoike fled to C^liice, znd rficDukeof /rbutthis might be faid for the Lords that the K.beingvndery€rc$,and being wholly goucrned by their enimies.Sc theenimiesof the Jcingdome,andbecaufcby thofe evill mens perfwafions.ie was adui(ed,howthe Lords iboukl haue bin raurthcrcd at a fcaft in London ^ they were exoulable |4«ringthe kings minority to ftaad rgo tlicir guards againft (37) their particular enemies. But we will paffc it ouer and go on with our parliaments that followed, whereof that of Cam- bridge in the Ks. 1 1^^ yeare was the next, therein the K.had giuen him a i c'' & a 1 5"^^,aftcr which being 2 o.yeres of age rechaged(raith//.i^<»^fo/«»)h is Treafurerjhis Chanccllor,thc lufticcsofcither bench,thc Clerk of the priuy feale &: others, & tookc the gouernment into his owne hands. Heaifo tookc the Admirals place fro theEarle of Arundelhand in his roomc hec placed the Earle of Huntingdon in the yeare followingi which was the i j'^^yearofthe K.in the Parliament at Weftw minfler there was giuen t© the King vpon every lackc of wooll 1 4^and 6^ in the pound vpon other Merchandife, CoVN $, But by your ieaue, the King was reftrained this parliament, that he might notdifpofe of, but a third part of the money gathered. Iv s T :No my Lord,by yourfauour. But true it is that part of this mony was by the Kings eonfent affigncd towards the wars,but yet left in the Lord Trcafiirers hands, And my Lo; itwouldbeagreateafejandagreatfauingtohisMaiefiicour Lord and Mafferjifitpleafed him to make his affignations vpon fome part of his rcuonewes,by which he might haue 1000* vpon every looooij&faue hirafclfca great dealcof clamour. For feeing of neccffity the Nauy mull be maintai- ned,and that thofe poore men afvvcU Carpentersas fliip-kee* pers muft be paid, it were better for bis Maiefty to giue an afsignationtothetreafurer ofhis nauy for the rcceiuingot fo much as is called ordinary, then to difcontent thofc poore men, who being made defpcrate beggars, raay perchance be corrupted by them that lyein waiteto deftroy the Ks.eftate* And if his Maiefty did tlte like in all other payments, efpeci- ally where the neceffity offuch a? arc to rtceiu-e, cannot pof^ fiblegiacdaies, his Maiefty might then in a litlerowle be- hold his receipts and expences, hec might quiet his heart when all neceflaries were provided for, and then difpofe the reft at his pleafure. And my good Lord, how excellently and eafily might this haue bin done, if the 400 goo* had been railed as aforc(ai(fi vpon the Kings lands, and wards, 1 fay that his Maiefties houle,his navy, his guards^ his penfioners, F.2 hi« his ttiunidon, bis Ambailkdors and all elfe ofordinary charge might haue beene defrayed , and a great fumme left for his Maiefties cafuall expences and rewardes, 1 will not fay they were not in loue with the Kings cfiate, but I fay they were vfifortunately borne for the King that croll it. C ov N s . Well Sir,I would it had been otherwife^ But for thea/fignments, there are among vs that will not willingly indure it. Charity begins with it relfe,-fhall wee hinder our felues of 50000^ per anritim to fauc the King 2 o/No Sir, what will become of our Ncw-ycares gifts, our presents and gra- tuities/ We can now f^y to tho(e that haue warrants for mo- ney:, that there is not a penny in the Exchcqucnbut the king- giues it away vnto the Scottes fader then it comes in. i V s T. My Lord you fay well, at leaft you fay the trueth, that fuch arc feme of our anlweres, and hence comes that generall murmure to all men that haue money to receiue, I Sy that there is not a penny giuen to that nation,be it for fcr- uice or otherwife but it is ipread ouer all the kingdome; yea they gather notes, and take copies of all the priuy (eales and warrants that his Maiefty nath giuen for the money for the Scots, that they may (hew thtiA in Parliament. But of his Maiefties gif3« to the Engl rfn. thercis nobiuitc though they may be tcnne times as much ai. the Scots. And yet my good Lord, howfoeuer they be thus aniwered that to them (uc for money out of the Exchequer, it is due to them for i p or 1 2. or 20 in thehundred,abated according to their quali- ties that fheWjthey areiilwaies turnifbcd.For concJufion^fit would pleafe Gcd to put into the Kings heart to make their afl:gnations,it would iaue him many a pound, and gaine him many a praycr,and a grtatdeale of louc, for it grieucth every honed mans heart to Se the abundance which euenthe petty officers in the Exchequer, and others gather both from th« king and fubieft, and to fee a world ofpoore mentunnca^ ter the king for their ordinary wages. GovNS. Wdl, well, [did you neuer heare this old tale* that when there was a great contenetion aboutthc weather the/S^amencoropIairiing of contrary wiitd€5> whcnthofe of 0^) the high Countreyes defired raine, and thofeof the vailcyes funlhining dayes, Inftterkni them word by Mercnry, theoj when they had all done, the weather fliould be as it had bin. And it (hall cucr fail out ib with them that complainc, the courfe of pay ments (hall be as they haue beene,whac care we what petty fellowes lay ? or what care wee for your papers ? haue not we the Kings eares, who dares eontcft with vs ^ though wc cannot be revenged on fuch as you are for telling the trueth, yet vpon fomc other pretence, wec'ie clap you vp>and you Ihall fucto vs ere you get out. Nay wee'le make you confdle that you were deceiued in yourproie^is, and eatc your ownc words: learnethisofmeSir, that as a little good fortune v^ better then a great dealc of vcrtuc : io the le«ft authority hath advantage ouer the greateft wit, was he notthe wifeft man that faidjffc^'i^rffr*!//? vtat nottothcfirwm g^fiyfJor Jet bread for the Tfeije^ tier riches to men of vnderjiafi- dutg^nor fmmr to met of knowledge : buc^at time & chance came to them alL IvsT. It is well for your Lordfhip that it is fo. Bat Qu : £Uz. and vpculd hears ihetrxQmpl4ims, For my good Lord, aPrincetbatfuflFercth iiimlclfe (40) himCeifetobebefiegedjforfaketh one of the greateftfcga- lilies belonging tea Monarchic, towit, the laft appcale,or &$ the French call it, ie dernier re fort, CovN s •• Well Sir, this from the matter, I prayyougo on. I VST . Then ny Lorcl,in the kings 1 5 '^ ycarc he hid a tcntb and a fiftecnc graunted in Parliament of London. And that fame ycare there was a great Councell called at Stamford to which diuerfc men were fcnt for, of diucrf* counties bciides the Nobility jof whom the K.tooke advice whether he ihould continae the war,or make a finall end with the Frcncb. CovNS. What needed the king to take the ad¥icc of any but of his o wne Councell in matter of peace or warrc Iv s T.Yea my Lord, for it is faid in the Pronerbes, WW^ are many ceutife Her s ^ there is health. And if the king had made the warre by a generall confent>thc fcingdome in gene- rail were bound tomaintaine the warre, and they could not then fay when the King required ayde, that herndertooke a need leflc warre. Gov N s . You fay well,bu£ I pray you go on. IvsT. Afcerthe fubfedy inthe i j.yeare, the Kingdcfired to borrow 1 0000' of the Londoners, which they rcfufed to lend. C ov N s . And was not the King greatly troubled there- with. ivsT : Yea but the King troubled the Londoners (bone after, for the king to^ke theaduanta-ge of a ryot made vpon the Bifnop of Salisbury his mcn/cnftor the Mafor,and other the abkftcittizens, committed the Maior to prifon in the Caftle of W indfor, and others to other cadles, and made a Lo-d Warden ofthiscittyjtili inthe end what with 1 coco^ ready money, arid other' ricB^refdnirs, inftee^i©f lending 1 ocoo- ir cortthem<2 oodbV Bctweerte the'fifc^cnthyearc and twt ntirh yt-are,hee had two aydes-giuen him inthe Par- liaments ot VVinchefter and Weftminilers and this later ivas given to furnifhthe Kings journey into Ire]and,toefta- *lifli that eflate which was greatly fhaken (ince the death of -the (41) the Kings Grandfather, who receiued thence yearely 500C0' and during the Kings ftay in 1 reland he had a i o''' and 315*** graunted. CovKs. And good rcafon,for the King had in his army . ^oochorfe and 3 oooo.fGotc. Ivs T. That by your fauour,was th&Kings fauity : for great armies do rather devour thcmfelues then deftroy enimics. Such an army,(whereof the fourth part would haue conque- red all Ireland; wasinrcfpeft of Ireland fuch an army as Xerxts led into Grceccin this twentith yearc, wherein hec had a tenth of the Cleargy , was the great confpiracy of the Kings vnkJe. the Duke ofGlocefter, and of Moubrey,Arun- delljNottingham.and Warwickjthe Archbilhop of Canter- bury and the Abbotte on Weflminftcr, and others who in the 2ifhycreoftheKing were all redeemed by parliament, and what thinks your Lordfhip,was not this aflembly of the 3 flates for the kings e{^ate,wherein he fb prevailed, that he . not onely overthrew thofe popular Lords, butbcfidcs fthc Bnglifli Chronicle fay th^ the king To wrought and brought things about,that hee obtained the power of both houfes to be graunted to certaine per/ons,to 15-Nobkmen and Gen- tl«men,or to feauen of them, CovNS. Sir, whether the king wrought wclJor ill I caa- not judge, but our Chronicles fay , that many things were done in this parliament, to the difpleafure of no fmall num- ber of people^ to wit, for that diverfe rightful] heireswer^ difinhcrited of their lands & liuings, with which wrongful! doings the people were much offended,- fo that the king with thole that were about him, and chiefe incouriiell,came into great infamy andflarider. IvsT. My good Lord, if your Lordfhip will pardon mee, I am of opinion that thofe Parliaments wherein the kings of this land haue fatisfiedtheptopie, as they haue beene euer profpcrous; fb where the kirghath rel^rained the houfc, the contrary hath happened, for the Ks archiuemenrs in thisParliament,were the ready preparations to his ruine, Cov.Youmeaneby the general diftontecmec that follow- G ed <'4»> cdj and becaufethe King did not proceede legally with Glo- cefter and others. Why Sir, this was not the firrt time that the Kings of England haue done things without the Coun- fcJl of the land : yea,contrary to the law. IvsT : It is true my Lord in fome particulars, as ewen at this time the Duke of Glocefter was made away at Callice by ftrong hand, without any lawful] triall: for he was a man fo beloued of the people and fo allied, hauing the Dukes of Lancafter, and Yorke his brethren, tlieDuVe ofAumarle, and the Duke of Hertford his Nephewcs, the great Earles of Arubdelland Watwicke, with diuerfe other of his part intheconrpiracy,astlicKing durft not trie him according tothelaw:foracthetriallof Arundell and Warwicke, the king was forced to enrertainc a petty army about him. And though the Duke was greatly lamented, yet it cannoi be denyed but that he was then a tray tor to the King. And was it not fo my Lord with the Duke ofGuife : your Lord- ITiip doth remember the fpurgald proverbe, that necejfitte hath no lavp : arid my good Lord, it is the prafticc of doing wrong, and of general! wrongs done, that brings danger, and not where kings ^-jre preft in this or that particular, for there IS great difference betwecne naturall cruelty andac-, cidentall. And therefore it was oJMachmitels advice, that all that a Ktng did in that kind^ hejhall do at once, nnd by hk mercies afterwards wake the world know that his cruelty Was. not ajfeBed, A nd my Lord take this for a generall rule, that the immortall policy of a fiate cannot admit any law or pri^ uiledge whatfbeuer, but in fon^.e particular or other, the fame is neceffarily broken, yea in an Ariftocratia or popular e[-late,which vaunts fo much of equality and common rihgr,; more outrage hath beene committed then in. any Chriftran Monarchy. Cov N s. But whence came this hatred betweea the Duke and the King his Nephew. J VST. My Lord,the Dukes conftraining the King,when he. was young, ftuckein the Kings heart, and now the Dukes, proud fpeech to the King when he.e hadrcndrcd^rf/ for- merly- (43) fnerly engaged to the Duke of Brfttaine,kindkd agair.c thefe ^oalcs that were not altogether cxtinguifhed, for he vfcd thtie words: Tour grace ought to put^cnr body in great paine towinneajireng holder tewne hyfeates a/ Hfntcs^ ere yon take Vpon joH to fell r deliucr any to^'ne got fen bjt the WAnhood and flrong hand APd policy of your twble progenitors. Whereat ^ layth the ftory, the King changed his ccuntenanccj &c : and to fay truerh, . it vva« a proud and maifterly fpeech of the Duke; befidesthatinclufuiely hce taxed him oi floath and cowardi(c, as if he had neuf^r put himlelfe to the adventure of winning (lich a place, vndutifuli wordes ofa fubieft do often take deeper roore then the memory of ill deedcsdo : The Duke of Biron foindic when the King hadhimatad- vantagc. Yea the late Earle of Efllx told Quccne E/ix.aheth that her conditions wwrls crooked as her carkalle:but it coft Jf^^*^'''''**'^ him his head, which-hisinfurrefticn had not coft him, buc for that fpeech, who ^tHfay ijnto a King ( faith 7o^ ) then art V(>icked,Qtx.XdX\Aj it is the fame thing to fay vnto a Lady,thou arc crooked ( and .perchance more } as to fay vnto a King that he \s wicked, and to f^^y that hee is a coward jOr to vie any other wordes of difgrace , it v^ one and the fame cr- rour- Covn: But what fay youfor ArundelLabraucand vah'ant man, who had the Kings pardon of his contempt during h?& minority, Ivs T : My good Lord, the Parliament which you fay dif- • pates ckc Kings prerogatir.e,didqMitecontraiy,and d^ftroy- ed the kings charter and pardon formerly giuen to Ariindeil, And my good Lord, do you remember, that attheTarlia- ment that wrought wonders, when thefe Lords compoun- ded that parliament, as the King did this, they .were fomer- cileiTe roward- all, that they thought their enemies, as the Earle of Arundtll mofl infoleiitly fuffcr fid the Qu •• to kneele vnto hiiTi three houres for the fauing of one of tier fcrvants^, and that (corne of his mambai aitamente.rcpafin^. And to fay tiiC truth, it is more barbarous & vnpardonable then any acl that ever hee did to permit the vvifij , of bis Souefaigne to G 2, --^ ■ ;'.' Kntele r44; kneele to hira being the Kings vafTailc. For if he hadfaoed the Lords Tcruantfredy at her firft requeft, as it is like e- nough that the Qu: would alfb haue faued him,c^i/u cogitant. And this was not the leaft griefe of thefubie6l in generall, that thofe men had the greaceft part of the fpoile of the commonwealth, which neither by vertue, valour or counfell could adde any thing vnto it : T^hilefl for^^tu^, nihil critdelifts^({mh jinte: - Tiu.()^Ma/i, Remp. ij nrrode^tjut yiihiiin earn [no Inhere confer ent, Cov N s Indecde the letting co farrnc the Realme was ve- ry grieuoustothefubie6l. Iv s T.Will your Lordfhip pardon me if I tel you that the letting to Farme of his Maiefties Cullomes ( the greateft re- venue of the Realme) is not very plealing, C ov N And why I pray you,doth not the K. thereby raife- his profitscuery third yearc, and one larmer out bids ano- ther to the Kings advantage,. iv s t; (4f) Irs fi It is true my Lord.bat: it grieues the fabkSk to paj cuftometothefubje<5t,for what mighty men arethofcl-ar- raers become, and if thofe Farmers get many thoufands eve- ry yeare,as the world kno.ves they doe, why fliould they not now ( being men of infinite wealthy declare vnto the K. vponanoathjWhat they hauegaincd,and henceforth become the Kings collectors ofhisCuftome,did not Qiiecne EUz^- ^^r^ who was reputed both a wife and juft PrincetTe, after (hee had brought Cttfivmer Smith from 14000'ayeareto 420 oo^ a yeare.made him lay downc arecompence for thac which hee had gotten .'' And if thefe Farmers doe giue noe recompencc, let them yet prefent the King with thetrueth of their receivings and profits. But my Lord for conclufion, AhQt'Bolitnjibrook^e arriuing in £«^/«s»^ with afmalltroopc : Notwithftanding the King at his Landing out Qi Ireland ^hid. a fufficient and willing army :yet hee wanting courage to defend hisright,gaue leaue to all his Souldiersto depart,and put himfelte into his hands thatcaft him into his graue. CovN s , Yet you fee,he was depos'd by Parliament, IvsT. Afwellraay your Lordfhip fay he was knock'c in the head by Parhament, for your Lordlhip knowes that if King Richard had euer efcaped out of their fingers, that de- pofcd him, ehe next Parliament would haue made all the de- ppfcrs traitors and rebels,and that iuftly. \a which Parlia- raetjOr rather vnlawfnl aflembly.there appeared but one ho- neft man,to wit,the B.of Carlicl, who fcorned his life, and e- ftate,in refpet^l of right & his alkgiance, & defeded the right ofhis Soueraigne Lo:againft the K.ele6i and his partakers. CoVNS. Well I pray go on wirh the Parliaments held in the time ofhis fucceflkir Henry the fourth, Iv s T. This King had mhh third yeare a fubfedy, and m his fife a tenth of the Cleargie withouta Parliament 5 In his fix: yeare he had fo great a fubff die, as the Houfe required there might be no record thereof left to poftericy, for the Houie gaue him 2o<"ofeuery knights Fee, and of euery 2 o.^ hnd , 2 od and 1 2 ^^ the pound of goods. Cov N s.Yea in theendofthisyere.the Parliamecpreflthe G a King (40 , King to annex vnto the Crowne all temporal! poficffions be- longing to Church-nicn within theland^which at that time,, v/as the third foote of all £«^/.'i;v^. But the Bifiiops made friends, and in thc.end faued their eftates, IvsT, By this you fee, my Lord, that ^ycjwWf // was not the firft that thought on fuch a bufines. And if King Hefjyj the 8^^ had refciucd the Abbeycs, andothtr Church lands, which he had giuenat that time, the rcuenue of the Crowne of Efi^Und, had exceeded the rcuenue of the Crowne of Spaifje, with both the Indies,whcr( as vftd as it was, (a little enriched the Crowne)(trued but to make a number of petti- foggers, and other gentlemen. GovNs. But what hadtheking in fteed of this great re- venue. IvsT. Heehada ij'^^'oftheCommons, andateoth,and ahalfe of the Clergy, and witballj all pcn(;ons graunred by l^ing Edward^and king Richard were made voide. it was al- fomoved.thatall Crowne lands formerly giuen(at leaft gi- ven by K.£df:and K./i!/£:^:)(hould be taken backe. .CovNs. What thinke you ofthatjSir? would it not haue beqne a diiLoriOar to the:king? and would rot his Succeifors haue done.the like to thofe that the King had aduancid / IvsT. I cannot anfwere your Lordfiiip, but by diflin- guifiiing; for Vwhere the Kings had giuen land for fcruiccs, ar)d had not bcens ouer-reachcd in iiis gifts, there it had bin adiilionQurtotheking, to haue made voide thcgrauntsof h]spredccciTors,orhiJ>graunts;but all thofe graunts of the kingeS) wherein they w?et e deceived, the very cuftomc and policy o^ England makes tiiem voyde at this day. CovNs. How meane you that, for his Majeftie hath gi- vena great deaje of Land among vsiincehe came into £«^- Ur:dj and would it ftand with the kinges honour to tnkc it. from vs-^gainc. Ivsx- Ycamy Lord> very vvelhvirh the kinges honour, if your Loidn>?p,ar any Lordelfc, hiue vnder thcnameof I o» ' la.'id a y^arejgotten 5 o o' l&nd,and fo alter that rate. Cov.Njs. C47) CovNS'. I will never belieue that his Majsfifc will ever Hbe any foch thing. Iv ST, And 1 belieue as your Lordfhip dothjbat we fpake yre-whilebf chofe that dilTwsded the King troni calling it a Parliament : And your Lordlliip asked me the rcafon, why any man fliould di(Tfwade it, or tcare it, to which, this place giues mc an opportunity to make your Lordfhip an anfWer, for though his Majefty will of himfelf ntver queftion thofe graunts, yet when the Commons fliall make humble petiti- on to the King in Parlianienr.that it will pleafe his Maieftie toafsift them in his reliefer with that which ought to be his owne, which, if it will pleafe his'Majcftie toyceld vnto,the houfe WillmOil willingly turniih and fupply the reft, with what grace can his Majeftic deny that honeil: fuite of theirs, the like hauing beene done in many Kings times before ? This proceeding, my good Lord, may perchance proue all your phr^fes of the Kings honour, falfc£«^///7j. CovNS. Butthis cannot conccrne many, and for my fclf^ I am fure it concernes me littl:". IvsT. It is true my Lord, and there are not many that diffwadehis Majafliefrom a Parliament. CovNs. But ihey are great ones, afcw of which will (erue the tnrnc well enough, IvsT. But my Lord, be theyneuer {o great^as great as Gyants) yet if they didwade the King from his ready and' atfured way of his fubfiflence, they muil: dcvife how the K'.' may be elfi- where fupplied^ for they other wife runne into a dangerous fortune. Gov Ns. Hold you contented Sir, the King needes no great diifwafion, IvsT. My Lordjiearne ofme.that there is none of you all^ that can pierce the King.- it is an effenriall property ofa m.an trucly wife, not to open all tlie boxes of his borome,even to thofe that are neareit and dearcll: vnto him, for when a man is dilcovetedtothcvery botcome; he is afrer the Icffe cftee- med. 1 dare vndertake,rhat when your Lordfliip iiath ferved the King twice twdueyeares more, you will finde, that his MaJL'ftie (4«) Majcftie hath refcrved fomewhat beyond all your capaci. ticSjhis Majtfty hath great reafon to put off the Parliament, ay his laft refuge, and in the meane time, to make trial! of all yourlouesto ferue bim, for his Majcflie hath had good ex- perience, how well youcan ferue yourfelucs : But when the King findSjthat the building of your owne fortunes and fa- 6lions,hath beene the diligent ftudiss, and the fcrvice of his Majeftie, buttheexereifesof yourleifures : Hee may then perchance caft himfeif vpon the generall loue of his people, of which ( I truft) hee fhaH neuer be deceiued, andleaueas many of your Lordihips as haue pilfered from the Crowne, to their examination. C ovN s . Well Sir, I take no great pleafurc in this difpute , goeonlpray. I VST. In that Kinges 5^^ yeare, hee had al(b a fubfcdy, which he got by holding the houfe together from Eafter to ChriftmaSjand would not fnffer them to dtpart.He hadalfo a fubfcdy in his ninth yearc. In his eleuenth yeare the Com- mons did againe prefle the king to take all the temporalities of the Church. men into his hands> which they proved fuf- flcient to maintaine 1 5 o.Earles, 15 oo.knights, & 6400. Ef^ quiersj with a hundred hofpitals, but they not prevayliwg, gaue the King a fubfedy. As for the notorious Prince, iF/<»ry the fift, I finde,that he had given him in hisfecond yeare 3 0000 o.markcs,and after that two other fubfedies, onein his fifth yeare, another in his ^ninth, without any difputes. In the time of his fuccelTour Henry tht fixt, there were not many lubfedies. In his third ytare, he had a fubfedy of a Tunnage and Poundage. And here Cfaith John Stow) began rhofe paymcncs, which wee call(fuftomes,becaure the pay- ment v/as continued; whereas before that time it was gran- ted but for a yeare, two or three, according to the kings oc- cafions. He \\Adi aUoan ayde and gathering of money in his fourth yearc-. and the like in his tcn'ch yeare, and in his thir- teenih verea i y'^. He had alfo a fifteenth for thecouneying of (A9) ^«if the Queenc wat of France into England, In the twenty tt j q^L^^ eight yeare of that King was the a6ie of Refiimption of all J a -^ honours,towncSjCaftles,Signkuries,villages,Manors,lands, tenements,rents,re\rerfions/eeSj^c. But becaufe the u ages of the Kings feruants, wcseby the ftriflnesof tlie aftealfb reftrained, this adc of Refumption was expounded in the V&rliumtnt it ReaMn£ ihe 3 1'^h yeare of the Kings rei^ne. CovNs. I perceiue chat thofe a6ls of Refumption were ordinary in former times j for King Stephen refumcd the landi, which in former times he had giuento make friends during the Ciuill warres. And Benry the ftcond rcfumed all (without exception) which King 5rr^^*« had not refu- mcd J for although King Stepbett tookc backc a great deale, yet he fuffcred his truftieft fcrvants to eftjoy his gift. . JvsT. Yes my lord, & in after times alfb ; for this was mot the laft, nor (hall be the laft , I hope. And judge you ray Lord, whether the Parliaments doe not only ferue the King, whatfoeueris (aid to the contrary ; for as all King Henry the 6 J gifts and graunts were made Yoide by the Duke oiTorke, ' when he was in pofleffion of the kingdomc by Parliament. So in the time of iC.H. when K.Edw : was beaten out again, the Parliament of W<^Jiminfi^r made all his z^s voyde, made him & all his folioivers traytors, and gaue the King many of their heads & lands. The Parliaments of £«gi4/frt( do aiwaies fcrue the King in pofteifion. It ieru'd /?/V^.thc(econd to con- demne the popular Lords. Ir (cru'd Solkngbrookie todcpoft Rich, When £<^»r.che4.had the Scepter, it made them ail ;b;ggars that had followed /i/.the 6. And it did the like for H. when Edx».w2s driuen cur. The Parliaments arc as the friendfliip of this world is, which alwayesfoUoweth prof- parity . For K.Edw, the 4: after that he was poflk fled ofthd Crown,hchadinhi8i 3.ycareaiubfedyfrtely^ii]enhim :& in the yeare following hee tooke a benevolence through EngUnds which arbitrary taking fro the people, feru'd that ambitious tray tor cheDuke of Bucks. Aft .°r the Kings death was a plaufible argument to perfwade ilie multitude, ' * H that (50) that they (hould not permit (faith SkThffMostJkfpreXhis line to raigns any longer vpon them. ovi,-^ v m^ ■.> , CovNs. Well Sir, what fay you.tOjthcParlitnEiem of RichArd the third his time ? • : ; " IvsT. Ifindebutone, and therein he trade diuerfe good Lavvcs.For T^Menryx\\t ieuenth ift the beginning of his third yeare he had by Parliament an ayds granted vnto him, to- wards the reliefc of the Dake o^BrttiAifie, tncn aflailedby the French King. And although the King did not enter into the warre, but by the a^iviceol tl>e three eftatcs j who did willingly contribute: Yet thofe Northerne men which loued Richard the third, railed rebellion vrtder colour of the mony imposed, & murthered ihz Earle of NorthnmberUnd whom the King employed in that Colle'-:0^ ^CovNS. It is without example, that euer the people haue rebelled for any thing granted by Parliament^ faue in this kings dayes. iviT. Your.Loirdfhip mud confider, that he was not o- uet rRuch-belou'd, forhectooHe many advantiJges vpon the peopk .^nd the NobilitiV'. both,. ;•: , . • CoVNS, CevN s . And I pc^y you what fay they now ofthc new- impoficions lately laJde by the Kings Maiefty /" doe they fay that they arc juftly or vnjurtjy laide > IvsT, To Impole vpon all thing? brought into the Kingdome is very ancient : which impofing when it hath becne continued acertaine timejs then called Cuftomes,be- caufe the fubie^'is are accuftomed to pay it, and yet the great taxe vpon wine is ftiil called Impoftbtcaiife it wasinipoicd after theordinary race ot payment, had lafted many yearies, .But wc doe noxv a dayes vnderftand thofe things to bee im- pofitions, which are rai(ed by the commaund of Princes, without the adu.ceof the common wealth, though ( as I takeit;)much otthar which is nowcalledcuftome, was at the firit impofcd by Prerogatiue royall : Now w^^ether it be time or conlent that makes them jufl:,, I cannot define, were they jjft becaufe new, and not juftifiedyet by time, or vn- Jurt becaufe they want a generall confent : yet is this rule of ey^rifiotle verified in rcfpeft of his Majeftie : aJf^WM ttmeni homines tntHJiiim pAti a princi^e qnem cultorem dei j>mant^ Yea my Lord, thev are alfo the more willingly borne, be- caufe all the world knowcs they are no new Inventionof the Kings.' and \i thofe that advifed his Maiellie toimpo/e them, had railed hisland.ie6t tenne tiiTitebj more then that which his MaielHe enioyeth. But ctf^. tainly they made a great aduantage that were the" ^dvi- Tcrs, - for if,any tumulc had followed his Maiefly, ready '.way had beene to haue ddiuercd tfacm ouer to the ;pc0pie. '■• •; .; . • . • Gov N s . , B.ut. thinke you that the King would haucde- fe.rcd tilt m if any tipubles had followed / ■ . - H 2 . IVST, TvsT. I know not my Lord, it was MachiafueU contu fell to €*^w and his fellowcsare odious men, and there- fore his Maieftie plcaPd the people greatly to put him from theCoffcrfliip. It is better for a Prince tovfc fuchakinde ofmen, then to countenance them, hang men are neceflary in a common, wealth : yet in the Netherlands, none but a hangmans (bnne will marry a hangmans daughter. Now my Lord, the laft gathering which Hefjrj the feauenrh made, was in his twentieth yeare^ wherein hee had another bene* volcnceboth oftheCleargyand Laity, a part of which ta- ken of the poorer fort, hee ordained by his rcrtamentthat it Ihould bee reftored. And for King Nerjrj the eight , al- though hee was left in a mod pkncituU e£bate, yet hee woh- derfully preft his people with great payments ; for in the beginningofhistime it was infinite that he fpenc inMaf- king and Tilting, Banqciecting, and other vanities, before he waij entred into the moft confijming cxpence of the nx)fl; fond and fruit!e(Te war re thateuer King vndertooke. In his fourth yearehehad one of the greated fiibfcdies thateuer was graunted ; for bcfides two fiftecnes and two difmes.he v(ed i)^«/^jLawe©f Capitation or head money,and had of euery Duke ten marks, of cuery Earlefiue pounds, ofeue- ry Lord foure pounds, of eucry Knight foure marker, and e*- uery man rated at 8Un goods,4 markes,and fbaftcr the rate: yea cuery man that was valued but at 40 paidc i 2*^, and e^ uery man and woman abouc 1 5 yeares 4^', Hee had aKbin- his fixt years diuers fubfedies granted him. In his four- teenth their was atenth demaundrd ofeuery m^ans goods, but it was moderated. In rhe Parliimenc Allowing » (14) the Clerglegaue the King the halfe of their fpirltualHiufngs for oneyeare;& of the Laicy there was demanded 8000 oo^, ivhich could not be Iravied in England, but it was a marvel- lous great gift that the king had giueh him at that time. Jn the Kings -feuentcenth yearc wai the Rebellion be fore Tpo- ken of, wherein the King difavowed the Cardinal): ■ Jnhis feuenteenth ycere hce had the tenth and fifteenth giuen by Parliapnent, vvhk:h were before that time p?ide to the Pope. And before that alfo, the monycs that the King bor- rowed in bis fifteenth y care were forgiuen him by Parlia- ment in his feuenteenth ycare. In his 3 5 .ycare a (ubfedy was grantfdof4'4hepoiindof euery man worth in goods from 2 o^to 5',fiom 5'to .10' and vpwards of eucry pound 2^- And all (IrangerSjdenifens and others doubled this Itimme, ftran- gers not being inhabitants aboue 1 6. ycarts 4^^ a head. AH that had Lands, Fees, and Annuities, from 20 to 5- and fo double as they did for goods : And the Cleargy gaue 6*^ the pound, in the thirty leuenth yeerc,a Benevolence was taken not voluntary, but rated by Gominiflioneri, which becaufe one of the Aldermen ref ufed to pay,he was fent for a fouldier mto Scot Unci. He \rta.d alio another great fubf- dy of fixe {hil- lings the pound of the Cler"gy ,and t wo fhillings eight pence of the goods of the Laity, and fourc (hillings the pound vpon Lands. .' Inthe fecond ycare of Edward the fixt, the Parliament gaue the King an aydeoftwelue pence the pcund of goods of his Naturall fubie^s,and two fhillings the pound ol' Ih-an- gers,and this to continue forthree yeares, and by the ftatutc of the fecond and third of Ed\> ard tht f?kt, irtnay rppcsie, ■the fame Parliament did alio giue a fscond aydc,. as follow- •erh,fto wit) ofeuery Ewe kcptin feuerail pafiures,^'' : of tuery weather kept as aforefaid i^ : of eucry fiieepe kept in ■theCom.mOn.i^ob. TheHoufe gaue the King alfo^^^the pound ofeuery woollen cloath made for the fale through- out En^Undiox three yeares In the third amd fourth of the Ilingybyreafon ofthetroublelome gathering of the poly «niony vpos n)e«pe,and the taxe vpon cloai'h,thisa61e oJ fub- (55) Hcii^ was rcpeal'd, and other rclicfc giuen the King, and m the kings (cauench yeare hee had a fubfcdy and twofif- teencs. In the firft yeare of Queenc tJ^ary, tunnage and poun- M,R, dage were granted. In the fccond yeare a fubfcdy was giuen to KingT^^^/j/j^and to the Qucene,fhcehad alfo a third Tub- {t6y in ty4mis ^.^ ^. ' Now my Lord, for the Parliaments of the late Qaecnes ^//~ r timCjin which there was nothing nevv,neithcr head nToney, nor (hecpe money. nor efciiagc, nor any of thefe kindes of payments was required,butontl-y the ordinary rubfedics,& thole as eafily graunted as demaunded, I Ihaii not neede to trouble your Lord fliip with any of them, neither can I in- forhieyour Lordfhip of all the paHages and a6tes which -haue pafTed, for they are not extanr,nor printed, -• CbVNs. No, ic were buttimeloft tolpcakc ofthcIac- ter'jSfid by thofe that are already remembred, we may fudgfe of the refi ,; for thofe of the gr^ateft importance are pLib- iique. B-Jt I pray you deale freely with mee, what you thinks would bee done for his Maieftie, if hee Ihould call a Parliam^rru acthis timej or what would be required ac his Maieftieshands.^ ;. u Ivs T, The firft thing that would be rcq'ured, would be the fame that was required by the Commons in the thir- teenth yeare of /^.the S ; ^to wit) chat if any man of the com- mons houfe fliould fpeake more largely i, then of diiety hec ooghc to doe,all fuch offences to be pardoned.andthat to be of record'. CovNS. So might euery Companion fpeake of the King whar. they lift. IviT. No my Lord ^ the -reuerence' which a VafTdH owech to hi3 Soueraigne> is alwaies intended for euery fp.fech, hovvfocuer it mull in- port thegood of the King, and his eftace, and fo long it may bee eafily pardoned^ othcrwif^ hot, for in QtJtene EUz^ateths time >. who gaiie frecdome ok fp :ech in ail Patliamems , whtn W^yay^ordj made xkoU " ' moti- (50 isotions, that were but fuppofed dangerous to the Qaeencs cftate,he was imprifoncd intheTowre,notwithftandingthc ,priviledge of the hotik jaud there died. CovNS. What fay you to the Scieiltan vefers rcm«m- ibrcd in the hft Parhamcnt ? IvsT. I fay, h(x repented him heartily that vfed tb« speech, and indeed bcfdes that, it was leditious, this ex- am pie held not : The Frtncb in Sctcily vfurped that King- ^domc, they 4cept neither law nor faith, they tooke away the inheritance of the Inhabitants, they tooke from them their wiuesjand rauifhed their daughters, committing all other iniolencies that.could bee imagined. The Kings Maicily is the N iturall Lord oiEngUod, bis Vadals oi ScetUndo. bey the EngUfli Lawes, if they breakc tfacm, they arc puni- Ihed without refpcft. Yea his Maiefly put one of his Ba- rons to a Ihamefull death, for being contenting onely to the death of a Common Fencer i And which of ;thefe eucr did or durfl commit any outrage in En^lmd, but lo (ay the trueth, the opinion of packing the laft, was thccaufc of the conten- tion and dilbrder th» happened. Cgvns. Why fir r" doe you not think it befitocompound .a Parliament of the Kings fcruaonts and others, that (hallin all obey the kings defires ? IVsT. Certaintly no, for it hath neucr fi«:ceedcd well, iieitheronthe kings part, nor on thcrubie<5ls,asby the Par- liament before-remcmbred your Lordfbippe may gatbcr, forfromfuchacompofitiondoeaiifeall jefiloufies, and all contentions. It was pra6lized in elder times, to the great trouble of the kingdome , and to the lolle and ruinc oi ma- ny. It WaS of latter time vfed by King Henry the eight, feuc euery way to his difadvantage. When the King leaues himfelfe to his people , they allure themftlues that they are trufted and bcloucd of their kinr, and there was ncuer any afTembJy fo barbarous, as not to auniwerc the iouc and truft of their King. Hmry the Hxt when hiscftatc was inc#e5l vttcrly ouerthrowne, tc vtterly impouerifhed at' the (57) the humble rcqueft of his Treafurer made the {ame knowne to the Houfe:Or othervvife,v{ing rhe Trefurers own words He humbly defired the King to take his Staffe,that he might faue his wardfliip. ^e/mc. But you knovv,they will prefently be in hand with thofe impofitions^ which the King hath layd by his owne RoyallPrerogatiue. * /»//. Perchance not my Lord ; but rather with thofe im- pofitions that haue beene by fome of your Lordfhips layd vpon the King,whieh did not fome of your Lordfhips feare more then you doe the impofitions layd vpon the Subieds, you would neuer diffwade his Maieflie from a Parliament : For no man doubted,but that his Maieflie was aduifed to lay thofe impoiations by his Councelli and for particular things on which they were layd, the aduicc came fiompettiefel- lowes (though now great ones) belonging to the Cuflomc- Houfe. Now my Lord, what preiudice hath his Maieftie ( hisReuenue being kept vp ) if the impofitions that were layd by the aduice of a few, be in Parliament layd by the ge- nerall CounccU of the KindgomCjNvhich takes off all grudg-- ing and complaint. ^ouHc. Yea Sir, but that which Is done by the King,with the aduice of his priuate or priuic Councell, is done by the Kings abfblute power. luff. And by whole power is it done in Parliament, biit by the Kings abfolute power ? Miflake it not my Lord : The three Eftates doe but aduilc, as the priuie Councell doth,, which aduice if the Kingimbrace.it becomes the Kings own Ad in the one,and the Kings Law in the other, for without the Kings acceptation, both the publicke and priuate aduices be but as emptie Egg-fhels ; and what doth his Maieflie lofe if fome of thofe things,which concernes the poorer fort be made fir-ee againe,and the Reuenue kept vp vpon that which is fuperfluous ? -Is it a loffe to the King to be beloued of the Commons ? If it be reuenue w hich the Kingfeekes,is it not better to take it of thofe that laugh, then of thofe that cry ? Tea if all be content to pay vpon moderation and change of I the (58) the Species : I^ it not more honourable & more fafe for the Kingjthat the Subied pay by perfwafionjthen to haue them conltrayned ? If they be contented to whip themfGliies for the King, were it not better to giue them the Rod into their handsjthen to commit them to the Executioner ? Certainly it is farr more happy For a Soueraigne Prince,that a Subiecl, open his purfe vvillingly, then tliat the fame be opened by violence. BefideSjthat when impolitions are layd by Parlia- ment,they arc gathered by the authoritie of the Law,vv hich ( as afbref aid ) reicJlcth all complaints, and ftoppeth euerie mutinous mouth: It fhali eucr be my prayer that the King embrace the Connctilof Honour and vafetie, and let other Princes embrace that of force. (^ounc. But good Sir,it is his Prerogatiue which the King ftands vpottj and it is ihe Prerogatiue of the Kings^thatthe Pariiamen s doe alldiminifli. IttU. If your Lordfhip would pardon me, I would fay then, that your Lordfjhipsobiefiionagainft Parliaments is rediculous. In former Parliaments three things haue beene luppofed diihonour of the King. The firfl,that the Subiecls haue conditioned with the King, when the King hath needed • them,to haue the great Charter confirmed:¥lx fecond,that the Eitates haue made Treafurers for the neceffarie and pro- fitable disburfing of thofe llmlmes by them giaen, to the end, that the Kings, to whom they were giuen, fnould ex- pend them for their own defencc,and for the defence oi the Common-wealth : The third,that theie haue prelt the King to difcharge f bme great Officers of the Crowne,and to elect others. As touching the firfl my Lord, I would faine learne what difaduantage the Kings of this Land haue had by con- firming the great Charter, the breach of which haue ferued onely men of your Lorcillliips ranke, to alfift their owne palfioiis, and to punifh ^nd imprifcn at their owne difcreti- on the Kings poorc Subieds. Concerning their priuate hatred, with the colour of the Kings feruice, for the Kings MaiefHe take no mans inheritance (as t haue laid before)nor any (59) any mans life, biitbvtheLawoftbeLancI, according to the Cl]arttr.Neither cioth his Majcfty impnion any man (mat- ttr oFpia.'f-icc, w hich ccncernesthe prtfcruation of his c- llate excepted; but by the law of the land. Anti yet he vlcth his prcrogatiue as all the Kings of ii«^/W. haiie euer vfcd it.-fbrthefiipreame realbn caufe to pi-a:l:ire many things without tlie adliice ofthe law. As in mfurreflions and rebel- lionSjit vleth the marftiall, and not the common law, with- out any breach ofthe Cliarter^the intent oftheCharterccn- fidercd truely. Neither hath any Subjecl maile complaint, or bcenegrieued,in that the Kings ofthisland/or their own fafetiesj& preferuation oftheir eftateSjhaue vfed their Pre- rogatiuesjthe great Enfignc, on which there is written/^/i Deo. And my good Lord^ \\2iSV\otBucl^ngham in England, and Byron in fr.tw^condemned^their Pcci es vncall'd ? And vvithall,vvas not Byron vtterlyf contrary to tlie cuftomes and priuiledges of the French) denyed an aduccate to affiil his defence? for where lawes forecaft cannot prouide remedies for future dangers. Princes are forced* to afsiftthtmielues by their Trerogatiues. But that which hath beene euer grie- uouSjandthe caufe of many troubles,very dangerous is,that your Lordihips abufing the reafoflsof itate, doe punifh and imprifbn the Kings Subjed-s at your pieallire. It is you my Lords, that when Sub jeds haue fometimes neede of the Kings prercgatiue, doe then vie the ftrengdi ofthe Iaw,and wkn they require the law, you afPift them with thepre- rogatiue,and tread the great Charter (which hath been con- firmed by 16. Ads of; Parliament) vnder your te, as a tome parchment or \v afte paper . Counc. ur proistfts, and btcaufe it is a thing moft dangerous for a King to bee with- out trcafure,he requires fuch ofyQir,as either miflikc, or ra- ther ther feare a parliament ,to fet doWu your reafons m writing/ wh»ilyotieithermiflikd,orfeai-ed it. Andfuch aswifh and dcfire it, to itt downe anlwers to your obiedions: And (o fhall the King preuent the calling or not calling on his Maiefty ,as forne oFyour great Couneeilers haue done m ma- ny other things Oiriiiking vpthcir {houIders,and faying,the K. will haue it fo. • Comtc. Well Sii, it growes late, and I will bid you tare- weIl,onely you fliall take well with you this aduice ofmmej that 'in alkhat you haue faid againft cur greateft,thofemen in the end lliali he vour ludges in their owne caufe, you that troiX)le your Iclft with rcf-crmation, are like to be well re- warded ; for hereof you may affure your felfe, that we wiU neuer allow ofany inuention how profitable Ibeuer, vnlefle itprocttdtjoriametoproceedefromourfelues. . J/^/?. Iftlicn my Lord, we may preliime to fay that Prin- ces may be vnhappy in anything^certainly they are vnhappy in nothing more then in fuffering themielues to be -fo inclc- led.Ag?.me,if we may beleeue *P%,who tels vs,that'tisan ill fgnt c f-profperity in any kingdome or ftate, where fuch as dkerue weil,find no other recompence then the content- ment of their owne confciences, afarre worfe ligne is it whnethc juftly accufedihalltakereuengeofthe juftaccu- fer . But my good Lord, there is this hope remaining, that feeing he hath been abufed by them he trufied moft,he will . not for the future difhonour of his iudgement(ib well infor- • imd by his owne experience) as to expofeluch of his vaf- fais(as haut had no other motiuts to ferue him, then (imply theloueofhisperfcnandhiseftate)totheir mienge, who haue onely b eene moued by the loue of their owne iortimes, and their glory. . . CouHc. But good Sir, the King hath not beene decerned; byall. • ^ ■ • ■' -^•■ -, .^ luB. No my Lord,neither haue all beene trufted, neither doth the world accufe all, but beleeue, that there be among } our Lordlhups very-iuft and wojrtfay men,afwell of the No- bilitv as others, but thofe though m6 ft honoured in the ■ ,•' • ' Common- ' ; ■ (%) Common-wealthyyethaue they not beene moft imployed ;> Your Lordiliip knows it well enough jthat thi ee or foui e of your Lordfliipshauethouglit your hands ftrong enough to beare vp aloue the weightieft affaires in the Common- wealth^d ftrong enough, all the Land haue found them to beate downe whom they pleafed . Coune, I vnderftand you, but how iliall it appeare that they hauc onely Ibught themfekies. IhB. There needs no perfpediueglaffe to difceme it, for neither in the treaties of Peace and Warre, in matters of Reucnue,and matters of Trade,any thing hath hapned either of loue or of iudgcment. No my Lord, there is not any one adion of theirs eminent, great or fmall, thegreatneifeof rhemfelues onely exx:epted. . ^omc. It is all one, your Papers can neither anfwer nor reply , we can. Befides you tell the King no newes in deliuer- ingthefe ComplaintSj for he knowes as much as can be told him. lu.fi. Forthefirftmylord, whereas he hath once the realbns of things deliuered him, your Lordiliips jliall need to be wcU aduiled, in their anfwcrs there is ho Ibphiftry will feruethe turne,.where the ludge, and the vnderitanding. are both fupreme. For the fecond, to fay thit his Maieftie knowes,and cares not,that my Lord were but to defpaire all hisfaithfiiUSubieds. Butbyyotu* fauour my Lord, wee fee it is contrarie, we find now that there is no fuchiingalai' power as there hath beene, luftice is defaibcd with a Bal- ance in her Handjholdmg it euen, and it hangs as euen now as euer it did in any Kings dayes, for fingular authoritic be- gets but generall oppreffion . Counc. Howfoeuer it be,that*s nothing to you, that haue no intereft in the Kings fauor,nor perchance in his opinion, and concerning fuch a one, the miflikmg, or but mifconcei- uing of any one hard word,phrafe, or fentence,vvill giue ar- gument to the King either to condcmne or reied the whole difcourfe.And howfoeuer his Maieftie may negled your in- formations,you may be Hire that others(at whom you point will uill not neg!e(?l thctr rcucnges,you will therefore confcfle it (when it is too late)that you are exceeding forythat you hauc not foilowed my aduice.Remcmber Cardinall iVvolfij, who loft al men for the Kings leruice,&v\' hen their malice(vvhom he gricLicd) had out-liued the Kings affedion, you know what became of him as well as I . Infl. Yea my Lord,I know it well,that malice hath alon- ger lifr,than either loue or thankfulnefle hath^ for as we al- waies take more care to put cflf paine, than to enjoy plea- fure,becaufe the one hath no intermifsion, & with the other we arc often (ms^c^ry f b it is in the fmart of injury and the memory of good turnes : Wrongs are roritun in marble : Benefits are (^fometimes) ackncrtoleageA, rarely requited. But my Lord, we (hall doe the K. great wrong, to judge him by common rules,or ordinary exaraples/or leeing his Majefty hath greatly enriched and aduanced thofe that haue but pre- tended his leruice, no man needs to doubt of his goodneffe towards thofe that fhal performe any thijig worthy reward. Nay,the not taking knowledge of thole of his ownevalTals that haue done him wrong, is more to be lamented, than the relinquifhing oftho^ that doe him right, is to be fufpeded. I am therfore,my good Lo:heId to my lefolution by thefe 2, befides the former. The i ,that God would neuer haue bleft him with (b many yeeres,& in fo many aflions,yea in all his a(!ilions,had he paid his honeft feruants with euill for good . The 2