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
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
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
rather devour themselves then destroy enemies Such an army vvhereof the fourth part vvould have conquered all Ireland vvas in respect of Ireland such an army as Xerxes led into Greece in this tvventieth yeare vvherein he had a tenth of the Clergy vvas the great conspiracy of the Kings unkle the Duke of Glocester and of Moubrey Arundell Nottingham and Warvvick the Archbishop of Canterbury and the Abbbot of Westminster and others vvho in the one and tvventieth yeare of the King vvere all redeemed by Parliament and vvhat thinks your Lordship vvas not this assemble of the 3. states for the kings estate vvherein he so prevailed that he not onely overthrevv those popular Lords but besides the English Chronicle saith the king so vvrought and brought things about that he obtained the power of both houses to be granted to certain persons to 15. Noblemen and Gentlemen or to seven of them COUNS. Sir whether the King wrought well or il I cannot judge but our Chronicles say that many things were done in this Parliament to the displeasure of no small number of people to wit for that diverse rightfull heires were disinherited of their lands and livings with which wrongfull doings the people were much offended so that the King with those that were about him and chief in Counsell came into great infamy slander IUST My good Lord if your Lordship will pardon mee I am of opinion that those Parliaments wherein the Kings of this land have satisfied the people as they have been ever prosperous so where the King hath restrained the house the contrary hath happened for the Kings atchievments in this Parliament were the ready preparations to his ruine COV You mean by the generall discontentment that followed and because the King did not proceed legally with Glocester and others Why Sir this was not the first time that the Kings of England have done things without the Counsell of the land yea contrary to the law IUST It is true my Lord in some particulars as even at this time the Duke of Glocester was made away at Callâ—ce by strong hand without any lawfull triall for he was a man so beloved of the people and so allied having the Dukes of Lancaster and York his brethren the Duke of Aumarle and the Duke of Hereford his Nephewes the great Earles of Arundell and Warwicke with diverse other of his part in the conspiracy as the King durst not trie him according to the law for at the triall of Arundell and Warwicke the King was forced to entertaine a petty army about him And though the Duke was greatly lamented yet it cannot be denyed but that he was then a traytor to the King And was it not so my Lord with the Duke of Guise your Lordship doth remember the spur-gald proverb that necessitie hath no law and my good Lord it is the practice of doing wrong and of generall wrongs done that brings danger and not where Kings are prest in this or that particular for there is great difference between naturall cruelty and accidentall And therefore it was Machiavels advice that all that a King did in that kind he shall do at once and by his mercies afterwards make the world know that his cruelty was not affected And my Lord take this for a generall rule that the immortall policy of a state cannot admit any law or priviledge whatsoever but in some particular or other the same is necessarily broken yea in an Aristocratia or popular estate which vaunts so much of equality and common right more outrage hath been committed then in any Christian Monarchy COUNS. But whence came this hatred between the Duke and the King his Nephew IUST My Lord the Dukes constraining the King when he was young stuck in the Kings heart and now the Dukes proud speech to the King when he had rendred Brest formerly engaged to the Duke Brittain kindled again these coales that were not altogether extinguished for he used these words Your grace ought to put your body in great pain to winne a strong hold or town by feats of armes ere you take upon you to sell or deliver any town gotten by the manhood and strong hand and policy of your noble progenitors Whereat saith the story the King changed his countenance c. and to say truth it was a proud and maisterly speech of the Duke besides that inclusively he taxed him of sloath and cowardise as if he had never put himself to the adventure of winning such a place undutifull words of a subject do often take deeper root then the memory of ill deeds do The Duke of Biron found it when the King had him at advantage Yea the late Earle of Essex told Queen Elizabeth that her conditions was as crooked as her carkasse but it cost him his head which his insurrection had not cost him but for that speech who will say unto a King saith Iob thou art wicked Certainly it is the same thing to say unto a Lady thou art crooked and perchance more as to say unto a King that he is wicked and to say that he is a coward or to use any other words of disgrace it is one and the same errour COUNS. But what say you for Arundell a brave and valiant man who had the Kings pardon of his contempt during his minority IUST My good Lord the Parliament which you say disputes the Kings prerogative did quite contrary and destroyed the Kings charter and pardon formerly given to Arundell And my good Lord do you remember that at the Parliament that wrought wonders when these Lords compounded that Parliament as the King did this they were so mercilesse towards all that they thought their enemies as the Earle of Arundell most insolently suffered the Qu to kneel unto him three houres for the saving of one of her servants and that scorne of his manebat alto mente repostum And to say the truth it is more barbarous unpardonable then any act that ever he did to permit the wife of his Soveraign to kneel to him being the Kings vassell For if he had saved the Lords servant freely at her first request as it is like enough that the Qu would also have saved him Miseris succurrens paria obtenibis aliquando For your Lordship sees that the Earle of Warwicke who was as farre in the treason as any of the rest was pardoned It was also at this Parliament that the Duke of Hereford accused Moubray Duke of Norfolke and that the Duke of Hereford Sonne to the Duke of Lancaster was banished to the Kings confusion as your Lordship well knows COUNS. I know it well and God knows that the King had then a silly and weak Councell about him that perswaded him to banish a Prince of the bloud a most valiant man and the best beloved of the people in generall of any man living especially considering that the King gave every day more then other offence to his subjects For besides that he fined the
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
still called Impost because it was imposed after the ordinary rate of payement had lasted many years But we do now a dayes understand those things to be impositions which are raised by the command of Princes without the advice of the Common-wealth though as I take it much of that which is now called custome was at the first imposed by Prerogative royall Now whether it be time or consent that makes them just I cannot define were they just because new and not justified yet by time or unjust because they want a generall consent yet is this rule of Aristotle verified in respect of his Majestie Minus timent homines in justum pati à principe quem cultorem Dei putant Yea my Lord they are also the more willingly borne because all the world knows they are no new Invention of the Kings And if those that advised his Majestie to impose them had raised his lands as it was offered them to 20000l more then it was and his wards to asmuch as aforesaid they had done him farre more acceptable service But they had their own ends in refusing the one and accepting the other If the land had been raised they could not have selected the best of it for themselves If the impositions had not been laid some of them could not have their silks other pieces in farme which indeed grieved the subject ten times more then that which his Majestie enjoyeth But certainly they made a great advantage that were the advisers for if any tumult had followed his Majesty ready way had been to have delivered them over to the people COUNS. But think you that the King would have delivered them if any troubles had followed IUST I know not my Lord it was Machiavels counsell to Caesar Borgia to doe it and King H the 8. delivered up Empson and Dudley yea the same King when the great Cardinall Woolsey who governed the King and all his estate had by requiring the sixt part of every mans goods for the King raised a rebellion the King I say disavowed him absolutely that had not the Dukes of Norfolk and Suffolk appeased the people the Cardinall had sung no more Masse for these are the words of our Story The King then came to Westminster to the Cardinals Palace and assembled there a great Councell in which he protested that his mind was never to aske any thing of his commons which might sound to the breach of his Laws Wherefore he then willed them to know by whose means they were so strictly given forth Now my Lord how the Cardinall would have shifted himself by saying I had the opinion of the Iudges had not the rebellion been appeased I greatly doubt COUNS. But good Sir you blanch my question and answer me by examples I aske you whether or no in any such tumult the people pretending against any one or two great Officers the King should deliver them or defend them IUST My good Lord the people have not stayed for the Kings delivery neither in England nor in France Your Lordship knows how the Chancellour Treasurer and Chief Iustice with many others at severall times have been used by the Rebels And the Marshals Constables and Treasurers in France have been cut in pieces in Charles the sixt his time Now to your Lordships question I say that where any man shall give a King perilous advice as may either cause a Rebellion or draw the peoples love from the King I say that a King shall be advised to banish him But if the King do absolutely command his servant to do any thing displeasing to the Common-wealth and to his own perill there is the King bond in honour to defend him But my good Lord for conclusion there is no man in England that will lay any invention ether grievous or against law upon the Kings Majesty and therefore your Lordships must share it amongst you COUNS. For my part I had no hand in it I think Ingram was be that propounded it to the Treasurer IUST Alas my good Lord every poor waiter in the Custome-house or every promooter might have done it there is no invention in these things To lay impositions and sell the Kings lands are poor and common devices It is true that Ingram and his fellows are odious men and therefore his Majesty pleas'd the people greatly to put him from the Coffership It is better for a Prince to use such a kind of men then to countenance them hangmen are necessary in a common wealth yet in the Netherlands none but a hangmans sonne will marry a hangmans daughter Now my Lord the last gathering which Henry the seventh made was in his twentieth year wherein he had another benevolence both of the Clergy and Laity a part of which taken of the poorer sort he ordained by his testament that it should be restored And for King Henry the eight although he was left in a most plentifull estate yet he wonderfully prest his people with great payments for in the beginning of his time it was infinite that he spent in Masking and Tilting Banquetting and other vanities before he was entred into the most consuming expence of the most fond and fruitlesse warre that ever King undertook In his fourth yeare he had one of the greatest subsedies that ever was granted for besides two fifteens and two dismes he used Davids Law of Capitation or head money and had of every Duke ten marks of every Earl five pounds of every Lord four pounds of every Knight four marks and every man rated at 8l in goods 4. marks and so after the rate yea every man that was valued but at 401 paid 12d and every man and woman above 15. yeares 4d He had also in his sixt yeare divers subsedies granted him In his fourteenth their was a tenth demanded of every mans goods but it was moderated In the Parliament following the Clergie gave the King the half of their spirituall livings for one yeare and of the Laity there was demanded 800000l which could not be leavied in England but it was a marvellous great gift that the king had given him at that time In the Kings seventeenth yeare was the Rebellion before spoken of wherein the King disavowed the Cardinall In his seventeenth yeare he had the tenth and fifteenth given by Parliament which were before that time paid to the Pope And before that also the moneys that the King borrowed in his fifteenth yeare were forgiven him by Parliament in his seventeenth yeare In his 35. yeare a subsedy was granted of 4d the pound of every man worth in goods from 20s to 5l from 5l to 10l and upwards of every pound 2s And all strangers denisens and others doubled this summe strangers not being inhabitants above 16. yeares 4d a head All that had Lands Fees and Annuities from 20. to 5. and so double as they did for goods And the Clergy gave 6d the pound In the thirty seventh yeare a Benevolence was taken not voluntary but rated by
not more honourable and more safe for the King that the Subject pay by perswasion then to have them constrained If they be contented to whip themselves for the King were it not better to give them the Rod into their hands then to commit them to the Executioner Certainly it is farre more happy for a Soveraigne Prince that a Subject open his purse willingly then that the same be opened by violence Besides that when impositions are laid by Parliament they are gathered by the authority of the Law which as aforesaid rejecteth all complaints and stoppeth every mutinous mouth It shall ever be my prayer that the King embrace the Councel of Honour and safety and let other Princes imbrace that of force COUNS. But good Sir it is his Prerogative which the King stands upon it is the Prerogative of the Kings that the Parliaments do all diminish IUST If your Lordship would pardon me I would say then that your Lordships objection against Parliaments is ridiculous In former Parliaments three things have been supposed dishonour of the King The first that the Subjects have conditioned with the King when the King hath needed them to have the great Charter confirmed The second that the Estates have made Treasurers for the necessary and profitable disbursing of those sums by them given to the end that the Kings to whom they were given should expend them for their own defence for the defence of the Common-wealth The third that these have prest the King to discharge some great Officers of the Crown and to elect others As touching the first my Lord I would fain learn what disadvantage the Kings of this Land have had by confirming the great Charter the breach of which have served onely men of your Lordships rank to assist their own passions and to punish and imprison at their own discretion the Kings poor Subjects Concerning their private hatred with the colour of the Kings service for the Kings Majestie take no mans inheritance as I have said before nor any mans life but the Law of the Land according to the Charter Neither doth his Majesty imprison any man matter of practice which concerns the preservation of his estate excepted but by the law of the land And yet he useth his prerogative as all the Kings of England have ever used to for the supream reason cause to practise many things without the advice of the law As insurrections and rebellions it useth the marshall and not the common law without any breach of the Charter the intent of the Charter considered truely Neither hath any Subject made complaint or been grieved in that the Kings of this land for their own safeties and preservation of their estates have used their Prerogatives the great Ensigne on which there is written soli Deo And my good Lord was not Buckingham in England and Byron in France condemned their Peers uncalled And withall was not Byron utterly contrary to the custome priviledges of the French denyed an advocate to assist his defence For where lawes forecast cannot provide remedies for future dangers Princes are forced to assist themselves by their Prerogatives But that which hath been ever grievous and the cause of many troubles very dangerous is that your Lordships abusing the reasons of state do punish and imprison the K. Subjects at your pleasure It is you my Lords that when Subjects have sometimes need of the Kings prerogative do then use the strength of the Law and when they require the law you afflict them with the prerogative and tread the great Charter which hath been confirmed by 16 Acts of Parliament under your feet as a torn parchment or waste paper COUNS. Good Sir which of us do in this sort break the great Charter perchance you mean that we have advised the King to lay the new impositious IUST No my Lord there is nothing in the great Charter against impositions and besides that necessity doth perswade them And if necessity do in somewhat excuse a private man à fortiori it may then excuse a Prince Again the Kings Majesty hath profit and increase of revenue by the impositions But there are of your Lordships contrarie to the direct Letter of the Charter that imprison the Kings Subjects and deny them the benefit of the Law to the Kings disprofit And what do you otherwise thereby if the impositions be in any sort grievous but Renovare dolores And with all digg out of the dust the long buried memorie of the Subjects former intentions with their Kings COUNS. What mean you by that IUST I will tell your Lordship when I dare in the mean time it is enough for me to put your Lordship in mind that all the Estates in the World in the offence of the people have either had profit or necessity to perswade them to adventure it of which if neither be urgent and yet the Subject exceedingly grieved your Lordship may conjecture that the House will be humble suitors for a redresse And if it be a Maxime in policy to please the people in all things indifferent and never suffer them to be beaten but for the Kings benefit for there are no blows forgotten with the smart but those then I say to make them Vassals to Vassals is but to batter down those mastering buildings erected by K Henry the 7. fortified by his Son by which the people the Gentry of England were brought to depend upon the King alone Yea my good Lord our late dear Soveraign Q. Eliz. kept them up to their advantage as wel repaired as ever Prince did Defend me spend me faith the Irish Churle COUNS. Then you think that this violent breach of the Charter will be the cause of seeking the conformation of it in the next Parliament which otherwise could never have bin moved IUST I know not my good Lord perchance not for if the House presse the King to graunt unto them all that is theirs by the Law they cannot in Iustice refuse the King all that is his by the Law And where will be the issue of such a contention I dare not divine but sure I am that it will tend to the prejudice both of the King and Subject COUNS. If they dispute not their own liberties why should they then the Kings liberties which we call his Prerogative IUST Among so many and so divers Spirits no man can foretell what may be propounded but howsoever if the matter be not slightly handled on the Kings behalf these disputes will soon dissolve for the King hath so little need of his Prerogative so great advantage by the Lawes as the fear of imparing the one to wit the Prerogative is so impossible and the burthen of the other to wit the Law so weighty as but by a branch of the Kings Prerogative namely of his remission and pardon the Subject is no way able to undergo it This my Lord is no matter of flourish that I have said but it is the truth
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
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
condition that for one whole year no subsedies should be demanded but this promise was as suddenly forgotten as made for in the end of that year the great subsedy of Poll mony was granted in the Parliament at Northampton COUNS. Yea but there followed the terrible Rebellion of Baker Straw and others Leister Wrais and others IUST That was not the fault of the Parliament my Lord it is manifest that the subsedy given was not the cause for it is plain that the bondmen of England began it because the were girevously prest by their Lords in their tenure of Villenage as also for the hatred they bate to the Lawyers and Atturneyes for the story of those times say that they destroyed the houses and Mannors of men of Law such Lawyers as they caught slew them and beheaded the Lord chief Iustice which commotion being once begun the head mony was by other Rebels pretended A fire is often kindled with a little straw which oftentimes takes hold of greater timber consumes the whole building And that this Rebellion was begun by the discontented slaves whereof there have been many in Elder times the like is manifest by the Charter of Manumission which the King granted in hec verba Rich. Dei gratid c. Sciatis quod de gratiâ nostrâ spirituali manumissimus c. to which seeing the King was constrained by force of armes he revoked the letters Pattents and made them voide the same revocation being strengthened by the Parliament ensuing in which the King had given him a subsedy upon Woolls called a Maletot In the same fourth year was the Lord Treasurer discharged of his Office and Hales Lord of St. Iohns chosen in his place in his fift year was the Treasurer again changed and the Staffe given to Segrave and the Lord Chancellour was also changed and the staffe given to the Lord Scroope Which Lord Scroope was again in the beginning of his sixt year turned off and the King after that he had for a while kept the Seal in his own hand gave it to the Bishop of London from whom it was soon after taken and bestowed on the Earle of Suffolke who they say had abused the King and converted the Kings Treasure to his own use To this the King condiscended and though saith Walsingham he deserved to loose his life and goods yet he had the favour to go at liberty upon good sureties and because the King was but young that the reliefe granted was committed to the trust of the Earle of Arundell for the furnishing of the Kings Navy against the French COUNS. Yet you see it was a dishonour to the King to have his beloved Chancellour removed IUST Truly no for the King had both his fine 1000l lands and asubsedy to boot And though for the present it pleased the King to fancy a man all the world hated the Kings passion overcomming his judgement yet it cannot be call'd a dishonour for the King is to believe the generall counsell of the Kingdome and to preser it before his affection especially when Suffolke was proved to be false even to the King for were it otherwise love and affection might be called a frenzie and a madnesse for it is the nature of humane passions that the love bred by fidelity doth change it self into hatred when the fidelity is first changed into falshood COUNS. But you see there were thirteen Lords chosen in the Parliament to have the oversight of the government under the King IUST No my Lord it was to have the oversight of those Officers which saith the story had imbezeled lewdly wasted and prodigally spent the Kings Treasure for to the Commission to those Lords or to any six of them joyn'd with the Kings Counsell was one of the most royall and most profitable that ever he did if he had bin constant to himself But my good Lord man is the cause of his own misery for I will repeat the substance of the commission granted by the King and confirmed by Parliament which whether it had bin profitable for the King to have prosecured your Lordship may judge The preamble hath these words Whereas our Sovereigne Lord the King perceiveth by the grievous complaints of the Lords and Commons of this Realme that the rents profits and revenues of this Realme by the singular and insufficient Councell and evill government as well of some his late great Officers and others c. are so much withdrawen wasted given granted alienated destroyed and evill dispended that he is so much impoverished and void of treasure and goods and the substance of the Crown so much diminished and destroyed that his estate may not honorably be sustained as appertaineth The King of his free will at the request of the Lords and Commons hath ordained William Archbishop of Canterbury and others with his Chancellour Treasurer keeper of his privy seal to survey and examine as well the estate and governance of his house c. as of all the rents and profits and revenues that to him appertaineth and to be due or ought to appertain and be due c. And all manner of gifts grants alienations and confirmations made by him of lands tenements rents c. bargained and sold to the prejudice of him and his Crown c. And of his jewels goods which were his Grandfathers at the time of his death c. and where they be become This is in effect the substance of the commission which your Lordship may read at large in the book of Statutes this commission being enacted in the tenth year of the Kings reigne Now if such a commission were in these dayes granted to the faithfull men that have no interest in the sales gifts nor purchases nor in the keeping of the jewells at the Queens death nor in the obtaining grants of the Kings best lands I cannot say what may be recovered and justly recovered and what say your Lordship was not this a noble act for the King if it had been followed to effect COUNS. I cannot tell whether it were or no for it gave power to the Commissiouers to examine all the grants IUST Why my Lord doth the King grant any thing that shames at the examination are not the Kings grants on record COUNS. But by your leave it is some dishonour to a King to have his judgement called in question IUST That is true my Lord but in this or whensoever the like shall be granted in the future the Kings judgement is not examined but their knavery that abused the King Nay by your favour the contrary is true that when a King will suffer himself to be eaten up by a company of petty fellows by himself raised therein both the judgement and courage is disputed And if your Lordship will disdain it at your own servants hands much more ought the great heart of a King to disdain it And surely my Lord it is a greater treason though it undercreep the law to tear from 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