Hold you contented Sir the King needs no great disswasion IUST My Lord learn of me that â—here is none of you all than can â—erce the King It is an essentiall property of a man truely wise not to oâ—en all the boxes of his bosome even â—o those that are near'st dear'st unto him for when a man is discovered to the very bottome he is after the lesse esteemed I dare undertake that when your Lordship hath served the King twice twelve years more you will find that his Majesty hath reserved somewhat beyond all your capacities his Majesty hath great reason to put off the Parliament at his last refuge and in the mean time to make tryall of all your loves to serve him for his Majesty hath had good experience how well you can serve your selves But when the King finds that the building of your own fortunes and factions hath been the diligent studies and the service of his Majesty but the exercises of your leasures He may then perchance cast himself upon the generall love of his people of which I trust he shall never be deceived and leave as many of your Lordships as have pilfered from the Crown to their examination COUNS. Well Sir I take no great pleasure in this dispute goe on pray IUST In that Kings 5th year he had also a subsedy which is got by holding the house together from Easter to Christmas and would not suffer them to depart He had also a subsedy in his ninth year In his eleventh year the commons did again presse the King to take all the temporalities of the Church men into his hands which they proved sufficient to maintain 150. Earls 1500. Knights and 6400. Esquiers with a hundred hospitals but they not prevailing gave the king a subsedy As for the notorious Prince Henry the fift I find that he had given him in his second year 300000. markes and after that two other subsedies one in his fifth year another in his ninth without any disputes In the time of his successor Henry the sixt there were not many subsedies In this third year he had a subsedy of a Tunnage and poundage And here saith Iohn Stow began those payements which we call customes because the payement was continued whereas before that time it was granted but for a year two or three according to the Kings occasions He had also an ayde gathering of money in his fourth year and the like in his tenth year and in his thirteenth year a 15th He had also a fifteenth for the conveying of the Queen out of France into England In the twenty eight year of that King was the act of Resumption of all honours towns castles Signeuries villages Manors lands tenements rents reversions fees c. But because the wages of the Kings servants were by the strictness of the act also restrained this act of Resumption was expounded in the Parliament at Reading the 31th year of the Kings reigne COUNS. I perceive that those 〈◊〉 of Resumption were ordinary in former times for King Stephen resumed the lands which in former times he had given to make friends during the Civill wars And Henry the second resumed all without exception which King Stephen had not resumed for although King Stephen took back a great deal yet he suffered his trustiest servants to enjoy his gift IUST Yes my Lord and in after times also for this was not the last nor shall be the last I hope And judge you my Lord whether the Parliaments doe not only serve the King whatsoever is said to the contrary for as all King Henry the 6. gifts graunts were made void by the Duke of York when he was in possession of the Kingdome by Parliament So in the time of K. H. when K. Edw. was beaten out again the Parliament of Westminster made all his acts voyd made him and all his followers traytors and gave the King many of their heads lands The Parliaments of England do alwayes serve the King in possession It served Rich. the second to condemne the popular Lords It served Bollingbrooke to depose Rich. When Edw. the 4. had the Scepter it made them all beggars that had followed H. the 6. And it did the like for H. when Edw. was driven out The Parliaments are as the friendship of this world is which alwayes followeth prosperity For King Edw. the 4. after that he was possessed of the Crown he had in his 13. year a subsedy freely given him and in the year following he took a benevolence through England which arbitrary taking from the people served that ambitious traytor the Duke of Bucks After the Kings death was a plausible argument to perswade the multitude that they should not permit saith Sir Thomas Moore his line to raigne any longer upon them COUNS. Well Sir what say you to the Parliament of Richard the third his time IUST I find but one and therein he made diverse good Laws For King Henry the seventh in the beginning of his third year he had by Parliament an ayde granted unto him towards the relief of the Duke of Brittain then assailed by the French King And although the King did not enter into the warre but by the advice of the three estates who did willingly contribute Yet those Northern men which loved Richard the third raised rebellion under colour of the money impos'd and murthered the Earle of Northumberland whom the King employed in that Collection By which your Lordship sees that it hath not been for taxes and impositions alone that the ill disposed have taken Armes but even for those payments which have been appointed by Parliament COUNS. And what became of these Rebels IUST They were fairly hang'd the money levied notwithstanding in the Kings first year he gathered a marvailous great masse of money by a benevolence taking pattern by this kind of levie from Edw. 4th But the King caused it first to be moved in Parliament where it was allowed because the poorer sort were therein spared Yet it is true that the King used some art for in his Letters he declared that he would measure every mans affections by his gifts In the thirteenth year he had also a subsedy whereupon the Cornish men took Armes as the Northern men of the Bishoprick had done in the third year of the King COUNS. It is without example that ever the people have rebelled for any thing granted by Parliament save in this Kings dayes IUST Your Lordship must consider that he was not over much beloved for he took many advantages upon the people and the Nobility both COUNS. And I pray you what say they now of the new impositions lately laid by the Kings Majesty do they say that they are justly or unjustly laid IUST To Impose upon all things brought into the Kingdome is very ancient which imposing when it hath been continued a certain time is then called Customes because the subjects are accustomed to pay it and yet the great taxe upon wine is
Commissioners which because one of the Aldermen refused to pay he was sent for a souldier into Scotland He had also another great subsedy of six shillings the pound of the Clergy and two shillings eight pence of the goods of the Laity and four shillings the pound upon Lands In the second yeare of Edward the sixt the Parliament gave the King an aid of twelve pence the pound of goods of his Naturall subjects and two shillings the pound of strangers and this to continue for three yeares and by the statute of the second and third of Edward the sixt it may appear the same Parliament did also give a second aid as followeth to wit of every Ewe kept in severall pastures 3d of every weather kept as aforesaid 2d of every sheep kept in the Common 1d ob The House gave the King also 8d the pound of every woollen cloath made for the sale throughout England for three years In the third and fourt of the King by reason of the troublesome gathering of the poly money upon sheep and the tax upon cloath this act of subsedy was repeal'd and other relief given the King and in the seventh yeare he had a subsedy and two fifteens In the first yeare of Queen Mary tunnage and poundage were granted In the second yeare a subsedy was given to King Philip and to the Queen she had also a third subsedy in Annis 4. 5. Eliz. Reg Now my Lord for the Parliaments of the late Queens time in which there was nothing new neither head money nor sheep money nor escuage nor any of these kinds of payments was required but onely the ordinary subsedies and those as easily graunted as demanded I shall not need to trouble your Lordship with any of them neither can I inform your Lordship of all the passages and acts which have passed for they are not extant nor printed COUNS. No it were but time lost to speak of the latter and by those that are already remembred we may judge of the rest for those of the greatest importance are publick But I pray you deal freely with me what you think would be done for his Majesty If he should call a Parliament at this time or what would be required at his Majesties hands IUST The first thing that would be required would be the same that was required by the Commons in the thirteenth yeare of Hen. the eight to wit that if any man of the commons house should speak more largely then of duty he ought to do all such offences to be pardoned and that to be of record COUNS. So might every Companion speak of the King what they list IUST No my Lord the reverence which a Vassall oweth to his Soveraigne is alwaies intended for every speech howsoever it must import the good of the King and his estate and so long it may be easily pardoned otherwise not for in Queen Elizabeths time who gave freedome of speech in all Parliaments when Wentworth made those motions that were but supposed dangerous to the Queens estate he was imprisoned in the Tower notwithstanding the priviledge of the house and there died COUNS. What say you to the Scicilian vespers remembred in the last Parliament IUST I say he repented him heartily that used that speech and indeed besides that it was seditious this example held not The French in Scicily usurped that Kingdome they neither kept law nor faith they took away the inheritance of the Inhabitants they took from them their wives and ravished their daughters committing all other insolencies that could be imagined The Kings Majesty is the Naturall Lord of England his Vassals of Scotland obey the English Laws if they break them they are punished without respect Yea his Majesty put one of his Barons to a shamefull death for being consenting onely to the death of a Common Fencer And which of these ever did or durst commit any outrage in England but to say the truth the opinion of packing the last was the cause of the contention and disorder that happened COUNS. Why sir do you not think it best to compound a Parliament of the Kings servants and others that shall in all obey the Kings desires IUST Certainly no for it hath never succeeded well neither on the kings part nor on the subjects as by the Parliament before-remembred your Lordship may gather for from such a composition do arise all jealousies and all contentions It was practized in elder times to the great trouble of the kingdome and to the losse and ruine of many It was of latter time used by King Henry the eight but every way to his disadvantage When the King leaves himself to his people they assure themselves that they are trusted and beloved of their king and there was never any assembly so barborus as not to answer the love and trust of their King Henry the sixt when his estate was in effect utterly overthrown and utterly impoverished at the humble request of his Treasurer made the same known to the House Or other wise using the Treasurers own words He humbly desired the King to take his Staffe that he might save his wardship COUNS. But you know they will presently be in hand with those impositions which the King hath laid by his own Royall Prerogative IUST Perchance not my Lord but rather with those impositions that have been by some of your Lordships laid upon the King which did not some of your Lordships fear more then you do the impositions laid upon the Subjects you would never disswade his Majesty from a Parliament For no man doubted but that his Majesty was advised to lay those impositions by his Councell and for particular things on which they were laid the advice came from petty fellows though now great ones belonging to the Custome-House Now my Lord what prejudice hath his Majesty his Revenue being kept up if the impositions that were laid by the generall Councell of the Kingdome which takes off all grudging and complaint COUNS. Yea Sir but that which is done by the King with the advice of his private or privy Councell is done by the Kings absolute power IUST And by whose power it is done in parliament but by the Kings absolute power Mistake it not my Lord The three Estates do but advise as the privy Councell doth which advice if the King imbrace it becomes the Kings own Act in the one and the Kings Law in the other for without the Kings acceptation both the publick and private advices be but as empty Egg shels and what doth his Majesty lose if some of those things which concerns the poorer sort to be made free again and the Revenue kept up upon that which is superfluous Is it a losse to the King to be beloved of the Commons If it be revenue which the King seeks is it not better to take it of those that laugh then of those that cry Yea if all be conten to pay upon moderation change of the Species Is it
Justice and good order being more learned in the Law than in doing right and that he had by far more knowledge than conscience Certainly the unjust Magistrate that fancieth to himself a solid and untransparable bodie of Gold every ordinarie wit can vitrifie and make transparent pierce and discern their corruptions howsoever because not daring they cover their knowledge but in the mean while it is also true That constrained dissimulation either in the proud heart or in the oppressed either in publick estates or in private persons where the fear of God is not prevalent doth in all the leisure of her lurking but sharpen her teeth the voluntarie being no less base than the forced malitious Thus it fared between the Barons of England and their Kings between the Lords of Switzerland their people between the Sicilians and the French between the Dolphin and John of Burgoign between Charl the Ninth and the French Protestants and between Henry the third his successor and the Lords of Guise hereof in place of more particulars the whole world may serve for examples It is a difficult piece of Geographie to delinate and lay out the bounds of Authority but it is easie enough coÌ„ceive the best use of it and by which it hath maintained it self in lasting happiness t hath ever acquired more honour by perswading than by beating for as the bonds of Reason and Love are immortal so do all other chains or cords both rustâ—e rot Noble parts of their own Royal and Politick bodies But we will forbear for a while to stretch this first string of Civil Justice for in respect of the first sort of Men to wit of those that live by their own labour they have never been displeased where they have been suffered to enjoy the fruit of their own travels Meum Tuum Mine Thine is all wherein they seek their certaintie protection True it is that they are the Fruit-Trees of the Land which God in Deuteronomie commanded to be spared they gather honey and hardly enjoy the wax and break the ground with great labour giving the best of their grain to the easefull idle For the second sort which are the Merchants as the first feed the Kingdome so do these enrich it yea their trades especially those which are forcible are not the least part of our Martiall Policie as hereafter proved and to do them right they have in all ages and times assisted the Kings of this Land not onely with great sums of money but with great Fleets of Ships in all their enterprises beyond the seas The second have seldome or never offended their Princes to enjoy their trades at home upon tolerable conditions hath ever contented them for the injuries received from other Nations give them but the Commission of Reprisal they will either Right themselves or sit down with their own losse without complaint 3. The third sort which are the Gentrie of England these being neither seated in the lowest grounds and thereby subject to the biting of every beast nor in the highest Mountains thereby in danger to be torn with tempest but the Valleys between both have their parts in the inferiour Iustice being spread over all are the Garrisons of good order throughout the Realm Sir WALTER RALEIGH'S LETTERS Sir Walter Raleigh's Letter to Mr Secretary Winwood before his Iourney to Guiana Honourable SIR I Was lately perswaded by two Gentlemen my ancient Friends to acquaint your Honour with some offers of mine made heretofore for a Journey to Guiana who were of opinion That it would be better understood now than when it was first propounded which advice having surmounted my dispair I have presumed to send unto your Honour the Copies of those Letters which I then wrote both to his Majestie and to the Treasurer Ceuill wherein as well the reasons that first moved me are remembered as the objections by him made are briefly answered What I know of the riches of that place not by hear say but what mine eyes hath seen I have said it often but it was then to no end Because those that had the greatest trust were resolved not to believe it not because they doubted the Truth but because they doubted my Disposition towards themselves where if God had blessed me in the enterprise I had recovered his Majesties favour and good opinion Other cause than this or other suspition they never had any Our late worthy Prince of Wales was extream curious in searching out the Nature of my offences The Queens Majestie hath informed her self from the beginning The King of Denmark at both times of his being here was throughly satisfied of my innocencie they would otherwise never have moved his Majestie on my behalf The Wife the Brother and the Son of a King do not use to sue for men suspect but Sir since they all have done it out of their charitie and but with references to me alone Your Honour whose respect hath onely relation to his Majesties service strengthened by the example of those Princes may with the more hardnesse do the like being Princes to whom his Majesties good estate is not lesse dear and all men that shall oppugne it no lesse hatefull then to the King himself It is true Sir That his Majestie hath sometimes answered That his Councel knew me better than he did meaning some two or three of them And it was indeed my infelicitie for had his Majestie known me I had never been here where I now am or had I known his Majestie they had never been so long there where they now are His Majestie not knowing of me hath been my ruine and his Majestie misknowing of them hath been the ruine of a goodly part of his estate but they are all of them now some living and some dying come to his Majesties knowledge But Sir how little soever his Majestie knew me and how much soever he believed them yet have I been bound to his Majestie both for my Life and all that remains of which but for his Majestie nor Life nor ought else had remained In this respect Sir I am bound to yield up the same life and all I have for his Majesties service to die for the King and not by the King is all the ambition I have in the world Walter Raleigh Sir Raleigh's Letter to his Wife from Guiana Sweet Heart I Can yet write unto you but with a weak hand for I have suffered the most violent Calenture for fifteen days that ever man did and lived but God that gave me a strong heart in all my adversities hath also now strengthened it in the hell fire of heat We have had two most grievous sicknesses in our Ship of which fourtie two have died and there are yet many sick but having recovered the land of Guiana this 12 of November I hope we shall recover them We are yet two hundred men and the rest of our Fleet are reasonable strong strong enough I
delivered in English Histories and indeed the King not long before had spent much Treasure in aiding the Duke of Britain to no purpose for he drew over the King but to draw on good conditions for himself as the Earle of March his father in law now did As the English Barons did invite Lewes of France not long before as in elder times all the Kings and States had done and in late years the Leaguers of France entertained the Spaniards and the French Protestants and Netherlands Queen Elizabeth not with any purpose to greaten those that aide them but to purchase to themselves an advantageous peace But what say the Histories to this denyall They say with a world of payments there mentioned that the King had drawn the Nobility drie And besides that whereas not long before great summes of money were given and the same appointed to be kept in four Castles and not to be expended but by the advice of the Peeres it was beleeved that the same Treasure was yet unspent COUNS. Good Sir you have said enough judge you whether it were not a dishonour to the King to be so tyed as not to expend his Treasure but by other mens advice as it were by their licence IUST Surely my Lord the King was well advised to take the money upon any condition and they were fooles that propounded the restraint for it doth not appear that the King took any great heed to those overseers Kings are bound by their pietie and by no other obligation In Queen Maries time when it was thought that she was with Child it was propounded in Parliament that the rule of the Realme should be given to King Philip during the minoritie of the hoped Prince or Princesse and the King offered his assurance in great summes of money to relinquish the Government at such time as the Prince or Princesse should be of age At which motion when all else were silent in the House Lord Daâ—res who was none of the wisest asked who shall sue the Kings Bonds which ended the dispute for what other Bond is between a King and his vassals then the Bond of the Kings Faith But my good Lord the King notwithstanding the denyall at that time was with gifts from particular persons and otherwise supplyed for proceeding of his journey for that time into France he took with him 30 Caskes filled with Silver and Coyne which was a great Treasure in those dayes And lastly notwithstanding the first denyall in the Kings absence he had Escuage granted him to wit 20s of every Knights Fee COUNS. What say you then to the 28th year of that King in which when the King demanded reliefe the States would not consent except the the same former order had bin taken for the appointing of 4 overseers for the treasure as also that the Lord chief Iustice and the L. Chancelor should be chosen by the States with some Barons of the Exchequer and other officers JUST My good Lord admit the King had yeelded their demands then whatsoever had been ordained by those Magistrates to the dislike of the Common-wealth the people had been without remedie whereas while the King made them they had their appeal and other remedies But those demands vanished and in the end the King had escuage given him without any of their conditions It is an excellent vertue in a King to have patience and to give way to the furie of mens passions The Whale when he is strucken by the fisherman growes into that furie that he cannot be resisted but will overthrow all the Ships and Barkes that come into his way but when he hath tumbled a while he is drawn to the shore with a twin'd thred COUNS. What say you then to the Parliament in the 29th of that King IUST I say that the Commons being unable to pay the King relieves himself upon the richer sort and so it likewise happened in the 33. of that King in which he was relieved chiefly by the Citie of London But my good Lord in the Parliament in London in the 38th year he had given him the tenth of all the revenues of the Church for 3 years and three marks of every Knights Fee throughout the Kingdome upon his promise and oath upon the observing of Magna Charta but in the end of the same year the King being then in France he was denyed the aides which he required What is this to the danger of a Parliament especially at this time they had reason to refuse they had given so great a summe in the beginning of the same year And again because it was known that the King had but pretended war with the King of Castile with whom he had secretly contracted an alliance and concluded a Marriage betwixt his Son Edward and the Lady Elenor. These false fires do but fright Children and it commonly falls out that when the cause given is known to be false the necessitie pretended is thought to be fained Royall dealing hath evermore Royall successe and as the King was denyed in the eight and thirtieth year so was he denyed in the nine and thirtieth year because the Nobilitie and the people saw it plainely that the K. was abused by the Pope who as well in despite to Manfred bastard Son to the Emperour Frederick the second as to cozen the King and to waste him would needes bestow on the King the Kingdome of Sicily to recover which the King sent all the Treasure he could borrow or scrape to the Pope and withall gave him letters of credence for to take up what he could in Italy the King binding himself for the payment Now my good Lord the wisdome of Princes is seen in nothing more then in their enterprises So how unpleasing it was to the State of England to consume the Treasure of the Land and in the conquest of Sicily so far off and otherwise for that the English had lost Normandie under their noses and so many goodly parts of France of their own proper inheritances the reason of the denyall is as well to be considered as the denyall COUNS. Was not the King also denyed a Subsidie in the fortie first of his reigne IUST No my Lord for although the King required money as before for the impossible conquest of Sicily yet the House offered to give 52000 marks which whether he refused or accepted is uncertain and whilst the King dreamed of Sicily the Welsh invaded and spoyled the borders of England for in the Parliament of London when the King urged the House for the prosecuting the conquest of Sicily the Lords utterly disliking the attempt urged the prosecuting of the Welshmen which Parliament being proroged did again assemble at Oxford and was called the mad Parliament which was no other then an assembly of rebels for the royal assent of the King which gives life to all Lawes form'd by the three estates was not a royall assent when both the King and the Prince were constrained to yeeld to the
how excellently and easily might this have been done if the 400000l had been raised as aforesaid upon the Kings lands and wards I say that his Majesties House his Navy his guards his pensioners his munition his Ambassadors and all else of ordinary charge might have been defrayed and a great summe left for his Majesties casuall expences and rewards I will not say they were not in love with the Kings estate but I say they were unfortunately borne for the King that crost it COUNS. Well Sir I would it had been otherwise But for the assignments there are among us that will not willingly indure it Charity begins with it self shall we hinder our selves of 50000l per annum to save the King 20 No Sir what will become of our New years gifts our presents and gratuities We can now say to those rhat have warrants for money that there is not a penny in the Exchequer but the King gives it away unto the Scots faster then it comes in IUST My Lord you say well at least you say the truth that such are some of our answers and hence comes that generall murmure to all men that have money to receive I say that there is not a penny given to that nation be it for service or otherwise but is spread over all the kingdome yea they gather notes and take copies of all the privy seals and warrants that his Majesty hath given for the money for the Scots that they may shew them in Parliament But of his Majesties gifts to the English there is no bruit though they may be tenne times as much as the Scots And yet my good Lord howsoever they be thus answered that to them sue for money out of the Echequer it is due to them for 10. or 12. or 20. in the hundred abated according to their qualities that shew they are alwaies furnished For conclusion if it would please God to put into the Kings heart to make their assignations it would save him many a pound and gain him many a prayer and a great deal of love for it grieveth every honest mans heart to see the abundance which even the petty officers in the Exchequer and others gather both from the king and subject and to see a world of poore men runne after rhe King for their ordinary wages COUNS. Well well did you never hear this old tale that when there was a great contentation about the weather the Seamen complaining of contrary windes when those of the high Countreys desired rain and those of the valleys sunshining dayes Iupiter sent them word by Mercury then when they had all done the weather should be as it had been And it shall ever fall out so with them that complain the course of payments shall be as they have been what care we what petty fellows say or what care we for your papers have not we the Kings eares who dares contest with us though we cannot be revenged on such as you are for telling the truth yet upon some other pretence wee 'le clap you up and you shall sue to us ere you get out Nay wee 'le make you confesse that you were deceived in your projects and eat your own words learn this of me Sir that as a little good fortune is better then a great deal of virtue so the least authority hath advantage over the greatest wit was he not the wisest man that said the battel was not the strongest nor yet bread for the wise nor riches to men of understanding nor favour to men of knowledge but what time and chance came to them all IUST It is well for your Lordship that it is so But Qu Elizabeth would set the reason of a mean man before the authority of the greatest Councellor she had and by her patience therein she raised upon the usuall and ordinary customes of London without any new imposition above 50000l a year for though the Treasurer Burleigh and the Earle of Leicester and Secretary Walshingham all three pensioners to Customer Smith did set themselves against a poor waiter of the Custome-house called Carwarden and commanded the groomes of the privy Chamber not to give him accesse yet the Queen sent for him and gave him countenance against them all It would not serve the turn my Lord with her when your Lordships would tell her that the disgracing her great officers by hearing the complaints of busie heads was a dishonour to her self but she had alwayes this answer That if any men complain unjustly against a Magistrate it were reason he should be severely punished if justly shee was Queen of the small as well as of the great and would hear their complaints For my good Lord a Prince that suffereth himself to be besieged forsaketh one of the greatest regalities belonging to a Monarchie to wit the last appeal or as the Trench call it le dernier resort COUNS. Well Sir this from the matter I pray you go on IUST Then my Lord in the Kings 15. year he had a tenth and a fifteen graunted in Parliament of London And that same year there vvas a great Councell called at Stamford to vvhich diverse men vvere sent for of diverse counties besides the Nobility of vvhich the King took advice vvhether he should continue the vvar or make a finall end vvith the French COUNS. What needed the King to take the advice of any but of his ovvn Councell in matter of peace or vvarre IUST Yea my Lord for it is said in the Proverbs where are many counsellers there is health And if the King had made the vvarre by a generall consent the Kingdome in generall vvere bound to maintain the vvarre and they could not then say when the King required aid that he undertook a needlesse vvarre COUNS. You say vvell but I pray you go on IUST After the subsedy in the 15. yeare the King desired to borrovv 10000l of the Londoners vvhich they refused to lend COUNS. And vvas not the King greatly troubled there vvith IUST Yea but the King troubled the Londoners soon aftar for the king took the advantage of a ryot made upon the Bishop of Salisbury his men sent for the Major and other the ablest citizens comitted the Major to prison in the Castle of Windsor and others to other castles and made a Lord Warden of this citie till in the end vvhat vvith 10000l ready money and other rich presents instead of lending 10000l it cost them 2000l Betvveen the fifteenth yeare and tvventieth yeare he had tvvo aides given him in the Parliaments of Winchester and Westminster and this later vvas given to furnish the Kings journey into Ireland to establish that estate vvhich vvas greatly shaken since the death of the Kings Grandfather vvho received thence yearly 30000l and during the Kings stay in Ireland he had a 10th and a 5th granted COUNS. And good reason for the King had in his army 4000. horse and 30000. foot IUST That by your favour vvas the Kings savity for great armies do
â—am Marti Quam Mercurio The Ho. ble and learned Knight Sr. Walter Raleigh Ro Vaughan sculp REMAINS of S ir Walter Raleigh viz. Maxims of State Advise to his Son his Sons advise to his Father His Sceptick Observation concerning the causes of the Magnificencie and Opulency of Cities His Letters to divers persons of quality With The Prerogative of Parliaments being a Dispute between a Counsellour of State and a Justice of Peace LONDON Printed for William Sheares Iunior in Westminster Hall 1657. MAXIMS OF STATE With Instructions to his SON and the SONS advice to his aged FATHER Whereunto Is added Observations touching Trade and Commerce with the Hollander and other Nations Proving that our Sea and Land Commodities inrich and strengthen other Countries against our own By Sir WALTER RALEIGH LONDON Printed for Will. Shears Junior at the Blue Bible in Bedford Street in Covent-garden 1656 The Contents OF Government Page 1 Of Policie 2 Of Monarchie 3 Of Aristocracie or Senatorie State 5 Of Free State or Popular State 6 Of Tyrannie 7 Of Olygarchie or the Government of a few ibid. Of a Common-wealth 8 Of causes of States and Common-wealths in generall 10 Of Founding a State ibid. Of Causes preserving State or Common-wealth 15 Of Mysteries or Sophisms ibid. Of Axioms or Rules of preserving a State 1-9 Rules for preserving of a Kingdom Hereditarie 25 Rules for preserving of a Kingdom Conquered 25 Kingdoms hereditarie are preserved at home by the ordering of a Prince ibid. Kingdoms new gotten or purchased by force are preserved by Rules 10 35 Rules politick of Tyrants 41 Sophisms of a barbarous and professed tyranny 42 Sophisms of the sophisticall or subtile Tyrant to hold up his State 46 Of preservation of an Aristocracie 53 Of preservation of an Olygarchie by Sophisms ibid. Of preservation of an Olygarchie by Rules ibid. Of Conversion of States in generall 59 Causes of conversions of States are of two sorts Generall and Particular ibid. Particular causes of Conversion of State are of two sorts 60 Of sedition 61 Causes of sedition are of two sorts ibid. Of Alteration without violence 64 A Method how to make use of the Book before in the reading of the storie 67 Old age is not ever unfit for publick Gouernment ibid. Example of the like practice in Charls the Fifth 68 Of observation for the Affirmative and the Negative ibid. Of defence for David in marrying Abishag 70 Politicall Nobility Of Adoâ—ijah aspiring to the Kingdom 71 Observations Of ways of such as aspire to the Kingdom and marks to discern them 73 Politicall Prince 75 The TABLE of the Chapters containd in Sr WALTER RALEIGH'S INSTRUCTIONS to his SON CHAP. Page VIrtuous persons to be made choice of Friends Great care to be had in the choosing of a Wife Wisest men have been abused by flatterers Prâ—vâ—â—e Quarrels to be avoided Three Rules to be observed for the preservation of a mans estate What sort of servants are most fit to be entertained Brave rags wear soonest out of fashion Riches not to be sought by evil means ibid. What Inconveniences happen to such as delight in Wine Let God be thy protectour and directour in all thy Actions The Sceptick doth neither affirm neither deny any Position but doubteth of it and proposeth his Reason against that which is affirmed or denied to justifie his not Consenting Observations concerning the causes of the Magnificencie and Opulencie of Cities Safetie for defence of the people and their goods in and near a Town Causes that concern the Magnificencie of a Citie That the Seat of Government is upheld by the two great Pillars thereof viz. Civile Justice and Martiall Policie which are framed out of Husbandry Merchandise and Gentry of this Kingdom Sir Raleigh's letter to Mr Secretary Winwood before his Journey to Guiana To his Wife from Guiana To Sir Ralph Winwood To his Wife copied out of his own hand writing To his Wife after Condemnation To King James at his return from Guiana His third Letter to Secretary Winwood His Letter to Prince Henry touching the modell of a Ship His Speech immediately before he was beheaded Sir VValter Raleigh Observations touching Trade and Commerce with the Hollander and other Nations Proving that our Sea and Land Commodities inrich and strengthen other Countreys against our own FINIS MAXIMS OF STATE OF GOVERNMENT GOVERNMENT is of two sorts 1. P rivate of himself Sobriety Of his Family called Oeconomy 2. Publick of the Common-wealth called Pâ—licy A man must first Govern himself ere he be fit to Govern a Family And his Family e're he be fit to bear the Government in the Common-wealth Of Policie Policie is an Art of Government of a Common-wealth and some part of it according to that State oâ— form of Government wherein it is setled for the publick good State is the frame or set order of Common-wealth or of the Governours that rule the same especially oâ— the chief and Sovereign Governour that commandeth the rest The State of Sovereignty consisteth in five points 1. Making or anulling of Laws 2. Creating and disposing of Magistrates 3. Power over life and death 4. Making of War or Peace 5. Highest or last appeal Where these five are either in one or in more there is the State These five points of State rest either in 1. One Monarchie or Kingdom 2. Some few chief men for virtue and wisdom called an Aristocracie 3. Many called a Free-State or Popular State These three sorts of Government have respect to the common good and therefore are just and Lawfull States These 3. degenerate into 3. other Governments viz. 1. Monarchie into 1. Tyrrannie 2. Aristocracie into 2. Oligarchie 3. Popular state into 3. Common-wealth or Government of all the common and baser sort and therefore called a Common-wealth by an usurped Nick-name These all respect their own and not the publick good and therefore are called Bastard Governments I Monarchie A Monarchie or Kingdom is the Government of a State by one head or chief tending to the common benefit of all Monarchie or Kingdoms are of three sorts touching the right or possession of them viz. 1. Hereditary by descent as the English French c. 2. Elective by suffrage of the other Orders of some of them as the Pâ—loniâ—â— 3. 〈◊〉 or of both kinds viz. descent yet not tied to the next bloud as the ancient Jewish State Monarchies are of two sorts touching their power or Authority viz. 1. Intâ—re Where the whole power of ordering all State matters both peace and war doth by law custâ—â— appertain to the Prince as in the â—â—â—gest Kingdom where the Prince hatâ— power to make Laws League Waâ— To create Magistrates to pardon life Of appeal c. Though to give a contentment to the other degrees thâ—â— have a suffrage in making Laws yâ—â— ever subject to the Princes pleasure nor Negative will 2. 〈◊〉 or restrained that haâ—â— no full power in all the points or matters of State as the
contrarie 2. Magistrates and Officers which are to be executioners of that which consulted and found to be expedient for the Common-wealth wherein are to be observed the kinds of Magistrate than they be such as fit that kind of Government The time of their continuance and the manner of their election or appointing by whom out tâ— whom and in what manner they be chosen 3. Judges To determine in Civil and Criminal matters where are to be observed out of whom they are to be chosen what kinds are necessary and the manner of Judgement and Judicial proceeding In Magistrates are to be observed 1. Kinds of Magistrates 1. Civil 1. Superiour which are to be such of that kind as agree with the State as Consuls for a year and not perpetual Dictatours in a Senatorie State Praetors Censors that over-see manners orders of the people For a Kingdom Lieutenant of Shires Marshals Masters of Horse Admirals c. Inferiour as conservatours of Peace Constables c. Overseers of youth that take care for their education for civil and warlike exercise Clarks of the Market that provide for the quantity and price of victual Edâ—â—es for Buildings Streets Bounds Questours or Treasurers to keep and dispence the publick Treasury Aâ—uâ—â—ies or Recorders which keep the publick Record Goalers to keep prison and Prisoners Surveyours of woods and fields c. 1. As Bishops or Pastours Elders Wardens 2. Time of Magistrates whereof some are perpetual some for a time viz. for more years a year half a year according to the necessity of the Common-wealth and not perpetual or at least not Heredetary in a Kingdom Yearly in an Aristocracie or half yearly in a Free-State 3. Manner of choice by whom and how to be chosen where especially they are to be chosen by suffrage and not by Lot 2. Eclesiastical Causes preserving a State or Common-wealth In preserving of States a things required 1 Mysteries or Sophisms 1. General to all States 2. Particular for every several State 2. Rules or Actions 1. General for all States 2. Particular for every State Mysteries or Sophisms MYsteries or Sophisms of State are certain secret practices either for the avoiding of danger or averting such effects as tend to the preservation of the prefent State as it is set or founded State Mysteries are of two sorts 1. Generall That pertain to all States as first to provide by all means that the same degree or part of the Common-wealth do not exceed both in Quantity and Quality In Quantity as that the number of the Nobility or of great persons be not more than the State or Common-wealth can bear In Quality as that none grow in wealth Liberty Honours c. more than it is meet for that degree For as in weights the heavier weights bear down he Scale So in Common-wealths that part of degree that excelleth the rest in Quality and Quantity overswayeth the rest after it whereof follow alterations and conversions of â—tate Secondly to provide by all means that the middle sort of people exceed both the extreams viz. of Nobility and Gentry and the base rascal and beggarly sort For this maketh the State constant and firm when both the Extreams are tied together by a middle sort as it were with a band as for any conspiracie of the rich and beggarly sort together it is not to be feared To these two points the Particular rules in Sophisms of every Common-wealth are to be applied 2. Particular That serve for preservation of every Common wealth in that form of State wherein it is setled as in a Kingdom That the Nobility may be accustomed to bear the Government of the Prince especially such as have their dwelling in remote places from the Princes eye it is expedient to call them up at certain times to the Princes Court under presence of doing them honour or being desirous to see and enjoy their presence and to have their children especially their eldest to be attendant upon the Prince as of special favour towards them and theirs that so they may be trained up in duty and obedience towards the Prince and be as Hostages for the good hehaviour and faithfull dealing of their Parents especially if they be of any suspected note To that end serves the Persian practice in having a Band or Train of the Satrapa's children and other Nobles to attend the Court which was well imitated by our Train of Heâ—â—â—â—â—r if they were of the Nobler sort Again sometimes to borrow small sums of his Subjects and to pay them again that he may after borrow greater sums and never pay So in an Oligarchie least it decline to a Popular State they deceive the people with this and the like Sophisms viz. They compel their own sort to wit the rich men by great penalties to frequent their Assemblie for choosing of Magistrates for provision of Armour warlike Exercises making an Execution of Laws By that means seemin to bear a hard hand over the richer but to suffer the poorer and meaner sort to be absent and to neglect those Assemblies under pretence that they will not draw them from their business and private earnings Yet withall to cite thither some few of them viz. so many as are casily over-matched by the richer sort to make a shew that they would have the people or poorer sort partakers likewise of those matters yet terrifying those that come to their Assemblies with the tendiousnesse of consultations greatnesse of Fines if they should mis-do to the end to make them unwilling to come again or to have to do with those Consultations by which means the richer sort do still govern the State with the peoples liking and good contentment Aixoms Axioms or Rules of preserving the State are 1. General that serve for all Common-wealths 2. Particular that serve for every several State General Rules 1. THe first and principal Rule of Policie to be observed in all States is to profess practise maintain the true worship Religio of Almighty God prescribed unto us in his word which is the chief end of all Government The Axiom That God be obeyed simply without exception though he command that which seemeth unreasonable and absurb to Humane policy as in the Jews Common-wealth That all the men should repair yearly to one place to worship God four times leaving none to defend their coast though being beset with many Enemies Not to sow the seventh year but to suffer the ground to rest untilled without respect or fear of famine c. 2. To avoid the causes of Conversion whereby States are over thrown that are set down in the Title of conversions For that Common wealth as naturall bodies are preserved by avoiding that which hurteth the health and State thereof and are so cured by contrary medicines 3. To take heed that no Magistrate be created or continued contrarie to the Laws and policie of that State As that in a Seâ—atâ— there be not created a perpetual Dictaetor
as Caesar in Rome In a Kingdom that there be no Senate or Convention of equall power with the Prince in State matters as in Poland 4. To create such Magistrates as love the State as it is setled and take heed of the contrarie practise as to advance Popular persons in a Kingdom or Aristocracie And secondly to advance such as have skill to discern what doth preserve and what hurreth or altereth the present State 5. To that end to have certain Officers to pay abroad and to observe such as do not live and behave themselves in fit sort agreeable to the present State but desire rather to bee under some other form or kind of Government 6. To take heed that Magistracies be not sold for money nor bribe in their Offices which especially to be observed in that Common wealth which is governed by a few of the richer sort For if the Magistrate gain nothing but his Common Fees the common sort and such as want honour take in good part that they be not preferred and are glad rather that themselves are suffered to intend private business But if the Magistrate buy and sell matters the common people are doubly grieved both because they are debat'd of those preferments and of that gain they see to grow by them which is the cause that the German Oligarchies continue to firm for both they suffer the poorer sort to grow into wealth and the richer sort are by that means freed and secured from being under the poor 7. To take heed that the State as it is setled and maintained be not over-strict nor exceed in his kind viz. That a Kingdom be not too Monarchicall nor a Pâ—â—ulâ— State too Pâ—â—uâ—ar For which cause it is good that the Magistrates sometimes yield of his right touching honour and bahave themselves familiarly with those that are equall unto them in other parts though inferiour for place and office And sometimes popularly with the common people which is the cause that some Common wealths though they be very simply and un kilfully set yet continue firm because the Magistrates behave themselves wisely and with due respect toward the rest that are without honour and therefore some kind of Moderate Popularity is to be used in every Common-wealth 8. To take heed of small beginnings and to meet with them even at the first as well touching the breaking and altering of Laws as of other rules which concern the continuance of every severall State For the desease and a teration of a Common-wealth doth not happen all at once but grows by degrees which every common wit cannot discern but men expert in POLICIE 9. To provide that that part be ever the greater in number and power which favours the State as now it stands This is to be observed as a very Oracle in all Common-wealths 10. To observe a mean in all the degrees and to suffer no part to exceed or decay overmuch As first for preferments to provide that they be rather small and short than great and long and if any be grown to overmuch greatness to withdraw or diminish some part of his honour Where these Sophisms are to be practised viz. to do it by parts and degrees to do it by occasion or colour of law and not all at once And it that way serve not to advance some other of whose virtue and faithfulness we are fully assined to as high a degree or to a greater honour and to be the friends and followers of him that excelleth above that which is meet As touching wealth to provide that those of the middle sort as before was said be more in number and if any grow high and over charged with wealth to use the Sophisms of a Popular State viz to send him on Embassages and Forreign Negotiations or imploy him in some Office that hath great charges and little honour c. To which end the Fâ—â—â—â—ful served in some Common-wealths 11 To Suppress the Factions and quarrels of the Nobles and to keep other that are yet free from joyning with them in their partakings and Factions 12. To increase or remit the Common Taxes and Contributions according to the wealth or want of the People and Commonwealth If the people be increased in Wealth the Taxes and Subsidies may be increased If they be poor and their Wealth diminish specially by dearth want of Traffick c. to forbear Taxes and Impositions or to take little Otherwise grudge and discontentments must needs follow The Sophisms that serve for impositions are these and other of like sort To pretend business of great charge as War building of Ships making of Havens Castles Fortifications c. for the common defence sometimes by Lotteries and like devises wherein some part may be bestowed the rest reserved for other expences but Princely dealings needs no pretences 13. To Provide that the Discipline Training of youth of the better sort to such as agreeth with that Common-wealth As that in a Kingdom the sons of Noble men to be attendant at the Court that they may be accustomed to obedience towards the Prince In the Senatory State that the sons oâ— the Senatours be not idly nor over daintily brought up but well instructed and trained up in Learning Langues and nartiall exercise that they may be able to bear that place in the Common-wealth which their Father held and câ—nt any wise in a Popular State 14. To take heed least their Sophisms or secret practises for the continuance and maintenance of that State be not discovered least by that means they refuse and disappoint themselves but wisely used and be with great secrecie Particular Rules Rules and Axioms for preserving of a Kingdom Hereditary Conquered Kingdoms Hereditary are preserved at home by the ordering 1. HImself viz. By the tempering and moderation of the Princes Answer and Prerogative For the less and more Temperate their Power and State is the more firm and stable is their Kingdom and Government because they seem to be further off from a Master like and Tyrannte all Empire and lesse unequall in condition to the next degree to wit the Nobility and so lesse subject to grudge and envy 2. Nobility c. By keeping that degree and due proportion that neither they exceed in number more than the Realm or State can bear as the Scottish Kingdom and sometime the English when the Realm was overcharged with the number of Dukes Earls and other Noble whereby the Authority of the Prince was eclipsed and the Realm troubled with their Factions and Ambitions Nor that any one excel in Honour power or wealth as that he resemble another King within the Kingdom as the house of Lancaster within this Realm To that end not to load any with too much Honour or preferment because it is hard even for the best and worthiest men to bear their greatnesse and high Fortune temperately as appeareth by infinit examples in all States The Sophisms for preventing or reforming this inconvenience are to be
executed whereby the citie must needs be enlarged and enriched for our lives and all that ever we have are in the hands of Iustice so that if Iustice be not administred amongst men in vain is there any societie and commerce or any other thing can be profitable or safe so much is love and charitie failed and iniquitie increased upon the face of the earth The excellencie and multitude likewise of Artificers exercising their manuall arts and trades do marvellously increase and enrich a State whereof some are necessary some commodious for a civil life other some are of pomp and ornament and other some of delicacie and curiositie whereof doth follow con course of people that labour and work and current money which doth enrich and supply Materials for labourers and work-men buying and selling transportation from place to place which doth imploy and increase the artificious and cunning parts of the wit of Man and this art and exquisitnesse of work manship and skill is so powerfull herein that to far excels the simple commodities and materials that Nature produceth and is alone sufficient of it self to make a Citie or State both magnificient and glorious and the daily experience we have in these our dayes and in former times doth manifestly approve the same and make evident without all contradiction Some naturall benefits that a Citie also may have for the excellency of Art or work manship of some special commodities above any other place either through the qualitie of the Water or other matter whatsoever or some hidden mysterie of the inhabitants in working thereof may be a great help for the enlargement and enriching of a citie The command of a Countrie that affordeth some proper commoditie is of it self sufficient mightily to bring a Citie to great wealth and to advance it to great power and draweth thereby dependence and concourse much advantageous also as well for the publick weal as the private person A Citie also may be Lord of much Merchandize and traffick by means of the commodious situation to many Nations to whom it serveth and hath relation to as Ware houses Roomth and Store-houses by reason whereof the nations adjoyning do use to resort thereunto to make their provisions of such things And this consisteth in the largenesse of the Ports the fitnesse of the gulphs and creeks of the seas in the Navigable rivers and channels and the plain and safe ways that leadeth to the Citie or that come our turn by or near it Priviledge and freedom from Customs and exactions ' doth greatly increase the Trade and draw inhabitants to a citie whereby the same may become both rich and powerfull whereof the Maâ—ts and Fairs and Markets bear good witnesse which are frequented with great concourse of people Tradesmen and Merchants for no other respect but that they are there free and frank from Customs and exactions And the cities in Flanders are lively testimonies hereof where the Customs are very small By reason whereof all such as have erected new Cities in times past to draw concourse of people unto it have granted large immunities and priviledges at the least to the first inhabitants thereof The like have they done that have restored Cities emptied with Plague consumed with Wars or afflicted with Famin or some other scourge of God In respect whereof Freedom of Cities hath been often granted to such as would with their families inhabit there or would bring Corn and other necessaries for provision of victual The Romans to increase their Cities made the Towns that well deserved of them which they after called Municiple to be partakers of their franchises and priviledges The first means the Romans used to allure people to make their habitations rather in Rome than else where was the opening the Sanctuarie giving libertie and freedom to all that would come unto them In respect whereof there flocked thither with their goods numbers of people that were either racked with exactions thrust out of their habitations or unsafe or unsure for their lives in their own Countreys for Religion sake The very same reason in a manner hath increased so much the citie of Geneva for as much as it hath offered entertainment to all commers out of France and Italie that have either forsaken or been exiled their Countreys for Religions sake Likewise triumphs goodly buildings battels on the water fights of sword-players hunting of wild beasts publick shows and sights plays solemnized with great pomp and preparation and many other such things do draw the curious people to a citie inspeakably which leaves behind them much treasure and for such cause will rather settle themselves to inhabit there than in other places This was also the devise of Rome in her infancy to enlarge herself The Causes that Concern the Magnificencie of a CITIE TO confirm a Citie in her Greatness Justice Peace and Pleantie are the undoubted means for Justice assureth every man his own Peace causeth all Arts and negotiation whatsoever to flourish and Plentie of food and victuall that sustaineth the life of Man with ease and much contentment To conclude All those things that cause the Greatnesse of a Citie are also fit to conserve the same Sir Walter Raleigh's Seat of GOVERNMENT That the Seat of Government is up 〈…〉 y the two great pillars thereof viz. Civile Iustice and Martiall Policie which are framed out of Husbandrie Merchandize and Gentry of this Kingdom THey say that the goodliest CEDARS which grow on the high mountains of Libanâ—s thrust their roots between the clifts of hard Rocks the better to bear them selves against the strong storms that blow there As Nature hath instructed those kings of Trees so hath Reason taught the Kings of Men to â—oot themselves in the hardie Hearts of their faithfull Subjects And as those kings of Trees have large Tops so have the Kings of Men large Crowns whereof as the first would soon be broken from their bodies were they not underborn by many branches o would the other easily tytter were they not fastened on their heads with the strong chains of Civil Justice and Martial Discipline 1. For the administration of the first even God himself hath given direction Judge and Officers shalt thou make which shall judge the People with righteous judgement 2 The second is grounded on the first Laws of the world and nature that Force is to be repelled by Force Yea Moses in the 10 of Exodus and elsewhere hath delivered us many Laws Policies of War But as we have heard of the neglect and abuse in both so have we heatd of the decline and ruine of many Kingdoms States long before our days for that Policie hath never yet prevailed though it hath served for a short season where the counterfeit hath been sold for the natural and the outward shew and formalitie for the substance Of the Emperour Charls the Fourth the writers of that age witness that he used but the name of
gathering of money from the subject under title of a free gift whereas a fift a sixt a tenth c. was set down and required But my good Lord though divers Shires have given to his Majestie some more some lesse what is this to the Kings debt COUNS. Wee know it well enough but we have many other projects IUST It is true my good Lord but your Lordship will find that when by these you have drawn many petty summes from the subjects and those sometimes spent as fast as they are gathered his Majesty being nothing enabled thereby when you shall be forced to demand your great aide the the Countrey will excuse it self in regard of their former payments COUNS. What mean you by the great aide JUST I mean the aide of Parliament COUNS. By Parliament I would fain know the man that durst perswade the King unto it for if it should succeed ill in what case were he JUST You say well for your self my Lord and perchance you that are lovers of your selves under pardon do follow the advice of the late Duke of Alva who was ever opposite to all resolutions in businesse of importance for if the things enterprised succeeded well the advice never came in question if ill whereto great undertakings are commonly subject he then made his advantage by remembring his Countrey Councell But my good Lord these reserved Polititians are not the best servants for he that is bound to adventure his life for his Master is also bound to adventure his advice Keep not back Councell saith Ecclesiasticus When it may do good COUNS. But Sir I speak it not in other respect then I think it dangerous for the King to assemble the three estates for thereby have our former Kings alwayes lost somewhat of their prerogatives And because that you shall not think that I speak it at randome I will begin with elder times wherein the first contention began betwixt the Kings of this land and their subjects in Parliament IUST Your Lordship shall do me a singular favour COUNS. You know that the Kings of England had no formal Parliament till about the 18. year of Hen. the first for in his 17 year for the marriage of his Daughter the King raised a tax upon every hide of land by the advice of his privy Councell alone But you may remember how the subjects soon after the establishment of this Parliament began to stand upon termes with the King and drew from him by strong hand and the sword the great Charter JUST Your Lordship sayes well they drew from the King the great Charter by the sword and hereof the Parliament cannot be accused but the Lords COUNS. You say well but it was after the establishment of the Parliament and by colour of it that they had so great daring for before that time they could not endure to hear of Sr. Edwards lawes but resisted the confirmation in all they could although by those lawes the Subjects of this Iland were no lesse free than any of all Europe JUST My good Lord the reason is manifest for while the Normans and other of the French that followed Conquerour made spoyle of the English they would not endure that any thing but the will of the Conquerour should stand for Law but after a difcent or two when themselves were become English and found themselves beaten with their own rods they then began to favour the difference between subjection and slavery and insist upon the Law Meum tuum and to be able to say unto themselves hoc sac vives yea that the conquering English in Ireland did the like your Lordship knowes it better than I. COUNS. I think you guesse aright And to the end the subject may know that being a faithfull servant to his Prince he might enjoy his own life and paying to his Prince what belongs to a Soveraigne the remainder was his own to dispose Henry the first to content his Vassals gave them the great Charter and the Charter of Forrests JUST What reason then had K. Iohn to deny the confirmation COUNS. He did not but he on the contrary confirmed both the Charters with additions required the Pope whom he had them made his superior to strengthen him with a golden Bul. JUST But your honour knowes that it was not long after that he repented himself COUNS. It is rrue and he had reason so to do for the Barons refused to follow him into France as they ought to have done and to say true this great Charter upon which you insist so much was not originally granted Regally aud freely for Henry the first did usurpe the Kingdome and therefore the better to assure himself against Robert his eldest Brother hee flattered the Nobility and people with those Charters Yea King Iohn that confirmed them had the like respect for Arthur Duke of Britain was the undoubted heir of the Crown upon whom Iohn usurped And so to conclude these Charters had their originall from Kings de facto but not de jure JUST But King Iohn confirmed the Charter after the death of his Nephew Arthur when he was then Rex de jure also COUNS. It is true for he durst do no other standing accursed whereby few or none obeyed him for his Nobility refused to follow him into Scotland and he had so grieved the people by pulling down all the Parke pales before harvest to the end his Deere might spoil the corn And by seizing the temporalities of so many Bishopricks into his hands and chiefly for practising the death of the Duke of Britain his Nephew as also having lost Normandy to the French so as the hearts of all men were turned from him IUST Nay by your favour my Lord King Iohn restored K. Edwards Laws after his absolution and wrote his letters in the 15. of his reigne to all Sheriffes countermanding all former oppressions yea this he did notwithstanding the Lords refused to follow him into France COUNS. Pardon me he did not restore King Edwards Lawes then nor yet confirmed the Charters but he promised upon his absolution to doe both but after his return out of France in his 16. year he denyed it because without such a promise he had not obtained restitution his promise being constrained and not voluntary IUST But what think you was hee not bound in honour to performe it COUNS. Certainly no for it was determined the case of King Francis the first of France that all promises by him made whilest he was in the hands of Charles the fift his enemy were void by reason the Judge of honour which tells us he durst doe no other JUST But King Iohn was not in prison COUNS. Yet for all that restraint is imprisonment yea fear it self is imprisonment and the King was subject to both I know there is nothing more Kingly in a King than the performance of his word but yet of a word freely and voluntarily given Neither was the Charter of Henry the first so
relief the one half of the Woolls throughout England and of the Clergy all their Woolls after which in the end of the year he had granted in his Parliament at Westminster forty shillings upon every sack of Wooll and for every 30 wooll fels forty shillings for every last of leatherne as much and for all other merchandizes after the same rate The King promising that this years gathering ended he would thenceforth content himself with the old custome he had over and above this great aide the eight part of all goods of all Citizens and Burgesses and of other as of forreigne Merchants and such as lived not of the gain of breeding of sheep and cattell the fifteenth of their goods Nay my Lord this was not all though more then ever was granted to any King for the same Parliament bestowed on the King the ninth sheaf of all the corn within the Land the ninth fleece and the ninth lambe for two years next following now what think your Lordship of this Parliament COUNS. I say they were honest men IUST And I say the people are as loving to their King now as ever they were if they be honestly and wisely dealt withall and so his Majesty hath found them in his last two Parliaments if his Majestie had not been betrayed by those whom he most trusted COUNS. But I pray you Sir who shall a King trust if he may not rust those whom he hath so greatly advanced JUST I will tell your Lordship whom the King may trust COUNS. Who are they IUST His own reason and his own excellent Iudgement which have not deceived him in any thing wherein his Majesty hath been pleased to exercise them Take Councell of thine heart saith the book of Wisedome for there is none more faithfull unto thee then it COUNS. It is true but his Majesty found that those wanted no judgement whom he trusted and how could his Majestie divine of their honesties JUST Will you pardon me if I speak freely for if I speak out of love which as Solomon saith covereth all trespasses The truth is that his Majestie would never beleeve any man that spake against them and they knew it well enough which gave them boldnesse to do what they did COUNS. What was that JUST Even my good Lord to ruine the Kings estate so far as the state of so great a King may be ruin'd by men ambitious and greedy without proportion It had been a brave increase of revenue my Lord to have raysed 50000l land of the Kings to 20000l revenue and to raise the revenue of wards to 20000l more 40000l added to the rest of his Majesties estate had so enabled his Majestie as he could never have wanted And my good Lord it had been an honest service to the King to have added 7000l lands of the Lord Cobhams Woods and goods being worth 30000l more COUNS. I know not the reason why it was not done JUST Neither doth your Lordship perchance know the reason why the 10000l offer'd by Swinnerton for a fine of the French wines was by the then Lord Treasurer conferr'd on Devonshire and his Mistris COUNS. What moved the Treasurer to reject and crosse that raising of the Kings lands JUST The reason my good Lord is manifest for had the land been raised then had the King known when he had given or exchanged land what he had given or exchanged COUNS. What hurt had been to the Treasurer whose Office is truely to informe the King of the value of all that he giveth JUST So he did when it did not concerne himself nor his particular for he could never admit any one peece of a good Manour to passe in my Lord Aubignes book of 1000l and till he himself had bought and then all the remaining flowers of the Crowne were called out Now had the Treasurer suffer'd the Kings lands to have been raised how could his Lordship have made choice of the old â—ents as well in that book of my Lord Aubigne as in exchange of Theobalds or which he took Hatfield in it which the greatest subject or favorite Queen Elizabeth had never durst have named unto her by way of gift or exchange Nay my Lord so many other goodly Mannors have passed from his Majestie as the very heart of the Kingdome mourneth to remember it and the eyes of the Kingdome shedde teares continually at the beholding it yea the soul of the Kingdome is heavy unto death with the consideration thereof that so magnanimous a Prince should suffer himself to be so abused COUNS. But Sir you know that Cobhams lands were entayled upon his Cofens JUST Yea my Lord but during the lives and races of George Prook his children it had been the Kings that is to say for ever in effect but to wrest the King and to draw the inheritance upon himself he perswaded his Majestie to relinquish his interest for a pretty summe of mony and that there might be no counterworking he sent Prook 6000 l. to make friends whereof Lord Hume had 2000l back again Buckhurst and Barwick had the other 4000 l. and the Treasurer and his heires the masse of land forever COUNS. What then I pray you came to the King by this great consiscation IUST My Lord the Kings Majestie by all those goodly possessions Woods and goods looseth 500l by the year which he giveth in pension to Cobham to maintain him in prison COUNS. Certainly even in conscience they should have reserved so much of the land in the Crown as to have given Cobham meat and apparell and not made themselves so great gainers and the King 500l per annum looser by the bargain but it 's past Consilium non est eorum quae fieri nequeunt JUST Take the rest of the Sentence my Lord Sed consilium versatur in iis quae sunt in nostra potestate It is yet my good Lord in potestate Regis to right himself But this is not all my Lord And I fear me knowing your Lordships love to the King it would put you in a feaver to hear all I will therefore go on with my Parliaments COUNS. I pray do so and amongst the rest I pray you what say you to the Parliament holden at Iondon in the fifteenth year of King Edward the third IUST I say there was nothing concluded therein to the prejudice of the king It is true that a little before the sitting of the house the King displaced his Chancellour and his Treasurer and most of all his Iudges and Officers of the Exchequer and committed many of them to prison because they did not supply him with money being beyond the Seas for the rest the States assembled besought the King that the Lawes of the two Charters might be observed and that the great Officers of the Crowne might be chosen by Parliament COUNS But what successe had these petitions IUST The Charters were observed as before and so they will be ever and the other petition was rejected the King being
Crown the ornaments thereof And it is an infalliable maxime that he that loves not his Majesties estate loves not his person COUNS. How came it then that the act was not executed IUST Because these against whom it was granted perswaded the King to the contrary as the Duke of Ireland Suffolk the chief Iustice Tresilian and others yea that which was lawfully done by the King and the great Councell of the kingdome was by the mastery which Ireland Suffolk and Tresilian had over the Kings affections broken and disavowed Those that devised to relieve the King not by any private invention but by generall Councell were by a private and partiall assembly adjudged traitors and the most honest Iudges of the land enforced to subscribe to that judgement In so much that Iudge Belknap plainly told the Duke of Ireland and the Earl of Suffolk when he was constrained to set his hand plainly told these Lords that he wanted but a rope that he might therewith receive a reward for his subscription And in this Councell of Nottingham was hatched the ruine of those which governed the King of the Iudges by them constrained of the Lords that loved the King and sought a reformation and of the King himself for though the King found by all the Shrieves of the shires that the people would not fight against the Lords whom they thought to bee most faithfull unto the King when the Citizens of London made the same answer being at that time able to arme 50000. men and told the Major that they would never fight against the Kings friends and defenders of the Realme when the Lord Ralph Passet who was near the King told the King boldly that he would not adventure to have his head broken for the Duke of Irelands pleasure when the Lord of London told the Earle of Suffolk in the Kings presence that he was not worthy to live c. yet would the King in the defence of the destroyers of his estate lay ambushes to intrap the Lords when they came upon his faith yea when all was pacified and that the King by his Proclamation had clear'd the Lords and promised to produce Ireland Suffolk and the Archbishop of Yorke Tresiltan and Bramber to answer at the next Parliament these men confest that they durst not appear and when Suffolk fled to Callice and the Duke of Ireland to Chester the King caused an army to be leavied in Lancashire for the safe conduct of the Duke of Ireland to his presence when as the Duke being encountered by the Lords ranne like a coward from his company and fled into Holland After this was holden a Parliament which was called that wrought wonders In the Eleventh year of this King wherein the fornamed Lords the Duke of Ireland and the rest were condemned and confiscate the Chief Iustice hanged with many others the rest of the Iudges condemned and banisht and a 10. and a 15. given to the King COUNS. But good Sir the King was first besieged in the Tower of London and the Lords came to the Parliament and no man durst contradict them IUST Certainly in raising an army they committed treason and though it appear that they all loved the King for they did him no harm having him in their power yet our law doth construe all leavying of war without the Kings commission and all force raised to be intended for the death and destruction of the King not attending the sequell And it is so judged upon good reason for every unlawfull and ill action is supposed to be accompanied with an ill intent And besides those Lords used too great cruelty in procuring the sentence of death against divers of the Kings servants who were bound to follow and obey their Master and Soveraigne Lord in that he commanded COUNS. It is true and they were also greatly to blame to cause then so many seconds to be put to death seeing the principalls Ireland Suffolk and York had escaped them And what reason had they to seek to enform the State by strong hand was not the Kings estate as dear to himself as to them He that maketh a King know his errour mannerly and private and gives him the best advice he is discharged before God and his own conscience The Lords might have â—â—tired themselves when they saw they could not prevail and have left the King to his own wayes who had more to lose then they had IUST My Lord the taking of Arms cannot be excused in respect of the law but this might be said for the Lords that the King being under yeares and being wholly governed by their enemies and the enemies of the kingdome and because by those evil mens perswasions it was advised how the Lords should have been murthered at a feast in London they were excusable during the kings minority to stand upon their guard against their particular enemies But we will passe it over go on with our parliaments that followed whereof that of Cambridge in the Kings 12th year was the next therein the King had given him a 10th and a 15th after which being 20. yeares of age rechanged saith H. Kinghton his Treasurer his Chancellour the Iustices of either bench the Clerk of the privy seal and others and took the government into his own hands He also took the Admirals place from the Earl of Arundell and in his room he placed the Earl of Huntingdon in the yeare following which was the 13th year of the K. in the Parliament at Westminster there was given to the King upon every sack of wooll 14s and 6d in the gound upon other Merchandise COUNS. But by your leave the King was restrained this parliament that he might not dispose of but a third part of the money gathered IUST No my Lord by your favour But true it is that part of this mony was by the Kings consent assigned towards the wars but yet left in the Lord Treasurers hands and my Lord it would be a great ease and a great saving to his Majesty our Lord and Master if it pleased him to make his assignations upon some part of his revenewes by which he might have 1000l upon every 10000l and save himself a great deale of clamour For seeing of necessity the Navy must be maintained and that those poor men as well Carpenters as ship-keepers must be paid it were better for his Majesty to give an assignation to the Treasurer of his Navy for the receiving of so much as is called ordinary then to discontent those poor men who being made desperate beggars may perchance be corrupted by them that lye in wait to destroy the Kings estate And if his Majesty did the like in all other payements especially where the necessity of such as are to receive cannot possible give dayes his Majesty might then in a little rowle behold his receipts and expences he might quiet his heart when all necessaries were provided for and then dispose the rest at his pleasure And my good Lord