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A10373 The prerogative of parlaments in England proued in a dialogue (pro & contra) betweene a councellour of state and a iustice of peace / written by the worthy (much lacked and lamented) Sir W. R. Kt. ... ; dedicated to the Kings Maiesty, and to the House of Parlament now assembled ; preserued to be now happily (in these distracted times) published ... Raleigh, Walter, Sir, 1552?-1618. 1628 (1628) STC 20649; ESTC S1667 50,139 75

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In the eleuenth yeare hee had given him by parliament a notable relief the one halfe of the woolls throughout England and of the Cleargy all their wools after which in the end of the yeare hee had granted in his parliament at Westminster forty shillings vpon every sacke of wool and for every thirty wool fels forty shillings for every last of leatherne as much and for all other merchandizes after the same rate The king promising that this yeares gathering ended he would thenceforth content himselfe with the old custome he had ouer and aboue this great ayde the eight part of all goods of all citizens and Burgesses and of others as of forreigne Marchants such as liued not of the gaine of breeding of sheepe and cattell the fifteenth of their goods Nay my Lord this was not all though more then euer was granted to any king for the same parliament bestowed on the king the ninth sheafe of all the corne within the lande the ninth fleece and the ninth lambe for two yeares next following now what thinke your Lordship of this parliament COVNS I say they were honest men IVST And I say the people are as loving to their king now as euer they were if they bee honestly and wisely dealt withall and so his Majestie hath found them in his last two parliaments if his Majestie had not beene betrayed by those whom he most trusted COVNS But I pray you Sir who shall a king trust if he may not trust those whom he hath so greatly advanced IVST I will tell your Lordship whom the king may trust COVNS Who are they IVST His owne reason and his owne excellent judgement which haue not deceived him in any thing wherein his Majestie hath beene pleased to exercise them Take councell of thine heart saith the booke of Wisedome for there is none more faithfull vnto thee then it COVNS It is true but his Majestie found that those wanted no judgement whom hee trusted and how could his Majestie divine of their honesties IVST Will you pardon mee if I speake freely for if I speake out of loue which as Salomon saith covereth all trespasses The trueth is that his Majestie would never beleeue any man that spake against them and they knew it well enough which gaue them boldnesse to do what they did COVNS What was that IVST Even my good Lord to ruine the kings estate so farre as the state of so great a king may be ruin'd by men ambitious and greedy without proportion It had beene a braue increase of revenue my Lord to haue raysed 50000′ land of the kings to 20000′ revenue and to raise the revenue of wards to 20000′ more 40000′ added to the rest of his Majesties estate had so enabled his Majestie as hee could never haue wanted And my good Lord it had beene an honest service to the king to haue added 7000′ lands of the Lord Cobhams woods and goods being worth 30000′ more COVNS I know not the reason why it was not done IVST Neither doth your Lordship perchance knowe the reason why the 10000′ offer'd by Swinnerton for a fine of the French wines was by the then Lord Treasurer conferr'd on Devonshire and his Mistris COVNS What moued the Treasurer to reject crosse that raising of the kings lands IVST The reason my good Lord is manifest for had the land beene raised then had the king knowne when hee had given or exchanged land what hee had giuen or exchanged COVNS What hurt had that beene to the Treasurer whose office is truely to informe the King of the value of all that he giveth IVST So hee did when it did not concerne himselfe nor his particular for hee could neuer admit any one peece of a good Manour to passe in my Lord Aubignes booke of 1000′ land till hee himselfe had bought then all the remaining flowers of the Crowne were culled out Now had the Treasurer suffer'd the Kings lands to haue been raised how could his Lordshippe haue made choice of the old rents as well in that book of my Lord Aubigne as in exchange of Theobalds for which hee tooke Hatfield in it which the greatest subject or favorite Queene Elizabeth had never durst haue named vnto her by way of gift or exchange Nay my Lord so many other goodly Mannors haue passed from his Majestie as the very heart of the kingdome mourneth to remember it and the eyes of the kingdome shedde teares continually at the beholding it yea the soule of the kingdome is heavy vnto death with the consideration thereof that so magnanimous a Prince should suffer himselfe to be so abused COVNS But Sir you knowe that Cobhams lands were entayled vpon his Cosens IVST Yea my Lord but during the liues and races of George Brooke his children it had beene the kings that is to say for euer in effect but to wrest the king and to draw the inheritance vpon himselfe he perswaded his Majestie to relinquish his interest for a petty summe of money and that there might be no counterworking he sent Brooke 6000 l to make friends vvhereof himselfe had 2000 l backe againe Buckhurst and Barwicke had the other 4000 l and the Treasurer and his heires the masse of land for euer COVNS What then I pray you came to the king by this great confiscation IVST My Lord the kings Majestie by all those goodly possessiōs vvoods goods looseth 500 l by the yere which he giueth in pension to Cobham to maintaine him in prison COV Certainly even in conscience they should haue reserved so much of the land in the Crowne as to haue giuen Cobham meate and apparell not made themselues so great gainers and the King 500 l per annum looser by the bargaine but it 's past Consilium non est eorum quae fieri nequeunt IVST Take the rest of the sentence my Lord Sed consilium versatur in iis quae sunt in nostra potestate It is yet my good Lord in potestate Regis to right himselfe But this is not all my Lord And I feare mee knowing your Lordships loue to the King it would put you in a feaver to heare all I will therefore goe on vvith my parliaments COVNS I pray doe so and amongst the rest I pray you what say you to the Parliament holden at London in the fifteenth yeare of King Edward the third IVST I say there was nothing concluded therein to the prejudice of the King It is true that a litle before the sitting of the house the King displaced his Chancellour and his Treasurer and most of all his judges and officers of the exchequer and committed many of them to prison because they did not supplie him with mony being beyond the seas for the rest the states assembled besought the King that the lawes of the two Charters might bee obserued and that the great officers of the Crowne might bee chosen by parliament COVNS But what successe had these petitions IVST The Charters were observed as before
the feare of imparing the one to wit the prerogatiue is so impossible and the burthen of the other to wit the lawe so waighty as but by a branch of the Kings prerogatiue namely of his remission and pardon the subiect is no way able to vndergoe it This my Lord is no matter of flourish that I haue said but it is the truth and vnanswerable COVNS But to execute the lawes very severely would be very grievous IVST Why my Lord are the Lawes grievous which our selues haue required of our Kings and are the prerogatiues also which our Kings haue reserued to themselues also grieuous how cā such a people then be well pleased And if your Lordship confesse that the lawes giue too much why does your Lordship vrge the prerogatiue that giues more Nay I will be bold to say it that except the Lawes were better obserued the prerogatiue of a religious Prince hath manifold lesse perils then the letter of the Lawe hath Now my Lord for the second third to wit for the appointing of Treasurers and remouing of Counsellers our Kings haue evermore laught them to scorne that haue prest either of these after the Parliament dissolued tooke the money of the Treasurers of the Parliament and recalled restored the officers discharged or else they haue bin contented that so me such persons should be remoued at the request of the whole kingdome which they themselues out of their noble natures would not seeme willing to remoue COVNS Well Sir would you notwithstanding all these arguments advise his Maiesty to call a Parlament IVST It belongs to your Lordships who enioy the Kings favour are chosen for your able wisdome to advise the K. It were a strange boldnesse in a poore and priuate person to advise Kings attended with so vnderstanding a Councell But belike your Lordships haue conceiued some other way how money may be gotten otherwise If any trouble should happen your Lordship knowes that then there were nothing so daungerous for a King as to be without money a Parliament cannot assemble in haste but present dangers require hasty remedies It wil be no time then to discontent the subjects by vsing any vnordinary wayes COVNS Well Sir all this notwithstanding wee dare not advise the king to call a parliament for if it should succeede ill wee that advise should fall into the kings disgrace And if the king be driuen into any extremity wee can say to the K. that because we found it extreamely vnpleasing to his Maiestie to heare of a Parliament we thought it no good manners to make such a motion IVST My Lord to the first let me tell you that there was never any iust Prince that hath taken any advantage of the successe of Councels which haue beene founded on reason To feare that were to feare the losse of the bell more then the losse of the steeple and were also the way to beate all men from the studies of the Kings seruice But for the second where you say you can excuse your selues vpon the Kinges owne protesting against a parliament the king vpon better consideration may encounter that finenesse of yours COVNS How I pray you IVST Even by declaring himselfe to be indifferent by calling your Lordships together and by delivering vnto you that he heares how his loving subiects in generall are willing to supply him if it please him to call a Parliament for that was the common answere to all the Sheriffes in England when the late benevolence was commaunded In which respect and because you come short in all your proiects and because it is a thing most daungerous for a King to be without treasure he requires such of you as either mislike or rather feare a parliament to set downe your reasons in writing which you either misliked or feared it And such as wish and desire it to set downe answeres to your obiections And so shall the King prevent the calling or not calling on his Maiesty as some of your great Councellers haue done in many other things shrinking vp their shoulders and saying the K. will haue it so COVNS Wel Sir it growes late and I will bid you farewell only you shall take well with you this advice of mine thst in all that you haue said against our greatest those men in the end shal be your Iudges in their owne cause you that trouble your selfe with reformation are like to be well rewarded for hereof you may assure your selfe that wee will never allow of any invention how profitable soeuer vnlesse it proceede or seeme to proceede from our selues IVST If then my Lord wee may presume to say that Princes may be vnhappy in any thing certainly they are vnhappy in nothing more then in suffering themselues to be so inclosed Againe if we may beleeu Pliny who tels vs that t' is an ill signe of prosperity in any kingdome or state where such as deserue well find no other recompence then the contentment of their owne consciences a farre worse signe is it where the justly accused shall take revenge of the just accuser But my good Lord there is this hope remaining that seeing he hath beene abused by them he trusted most hee will not for the future dishonour of his iudgment so well informed by his owne experience as to expose such of his vassals as haue had no other motiues to serue him then simply the loue of his person and his estate to their revenge who haue only beene moued by the loue of their owne fortunes and their glory COVNS But good Sir the King hath not beene deceiued by all IVST No my Lord neither haue all beene trusted neither doth the world accuse all but beleeue that there be among your Lordships very just and worthy men aswell of the Nobility as others but those though most honoured in the Common-wealth yet haue they not beene most imployed your Lordship knowes it well enough that 3 or 4 of your Lordships haue thought your hands strong enough to beare vp alone the weightiest affaires in the Common-wealth and strong enough all the land haue found them to beate downe whom they pleased COVNS I vnderstand you but how shall it appeare that they haue onely sought themselues IVST There needes no perspectiue glasse to discerne it for neither in the treaties of peace and warre in matters of revenue and matters of trade any thing hath happened either of loue or of judgment No my Lord there is not any one action of theirs eminent great or small the greatnesse of themselues only excepted COVNS It is all one your papers can neither answere nor reply we can Besides you tell the King no newes in delivering these complaints for hee knowes as much as can be told him IVST For the first my Lord whereas he hath once the reasons of things deliuered him your Lordships shall neede to be well advised in their answeres there is no sophistrie wil serue the turne where the Iudge the vnderstāding are both supreame For the 2 d to say that his Maiesty knowes cares not that my Lord were but to despaire all his faithfull subiects But by your fauour my Lord wee see it is contrary wee find now that there is no such singular power as there hath beene justice is described with a ballance in her hand holding it even and it hangs as even now as ever it did in any kings dayes for singular authority begets but generall oppression COVNS Howsoeuer it be that 's nothing to you that haue no interest in the kings fauour nor perchance in his opinion concerning such a one the misliking or but misconceiuing of any one hard word phrase or sentence will giue argumēt to the K. either to cōdemn or reiect the whole discourse And howsoever his M● may neglect your informations you may be sure that others at whom you point wil not neglect their revenges you will therefore confesse it when it is too late that you are exceeding sory that you haue not followed my aduice Remēber Cardinall Woolsey who lost all men for the Kings service and when their malice whom hee grieved had out-liued the Kings affection you know what became of him as well as I. IVST Yea my Lord I know it well that malice hath a longer life than either loue or thankfulnesse hath for as we alwaies take more care to put off paine than to enjoy pleasure because the one hath no intermission with the other we are often satisfied so it is in the smart of injury and the memory of good turnes Wrongs are written in marble Benefits are sometimes acknowledged rarely requited But my Lord wee shall doe the K. great wrong to judge him by common rules or ordinary examples for seeing his Majesty hath greatly enriched and advanced those that haue but pretended his service no man needes to doubt of his goodnesse towards those that shal performe any thing worthy reward Nay the not taking knowledge of those of his owne vassals that haue done him wrong is more to be lamented than the relinquishing of those that doe him right is to be suspected I am therefore my good Lo held to my resolutiō by these a besides the former The 1 that God would neuer haue blest him with so many yeres in so many actiōs yea in all his actions had he paid his honest servants with evill for good The 2 d where your Lordship tells me that I will be 〈◊〉 for not following your aduice I pray your Lordship to belieue that I am no way subiect to the common sorrowing 〈◊〉 worldly men this Maxime of Plato beeing true Dolores aex amore animi orga corpus noscuntur But for my body my mind values it at nothing COVNS What is it then you hope for or seeke IVST Neither riches nor honour nor thankes but I only seeke to satisfie his Majestie which I would haue bin glad to haue done in matters of more importance that I haue liu'd and will die an honest man EINIS The Authours Epitaph made by himselfe EVen such is Time which takes in trust Our Youth and Ioy 's and all wee haue And payes vs but with age and dust Which in the darke and silent graue When wee haue wandred all our wayes Shuts vp the story of our daies And from which Earth and Graue and Dust The Lord shall raise mee vp I trust Humanum est erra●e● Hen. 5. Hen. 6. Edw. 6. M. R. Eliz. R. Q. E.
so they wil be euer the other petition was reiected the King being pleas'd notwithstanding that the great Officers should take an oath in Parliament to doe Iustice. Now for the Parliament of Westminster in the 17 th yeare of the King the King had three markes and a halfe for euery sacke of wooll transported and in his 18 th he had a 10 th of the Clergy and a 15 ● of the Laity for one yeare His Maiesty forbare after this to charge his subiects with any more payments vntill the 29 th of his reigne when there was giuen the King by Parliament 50 for euery sacke of wooll transported for sixe yeares by which grant the King receiued a thousand marks a day a greater matter then a thousand pounds in these dayes a 1000 l a day amounts to 365000 a yeare which was one of the greatest presents that euer was giuen to a King of this land For besides the cheapnes of all things in that age the Kings souldiers had but 3 d a day wages a man at armes 6 l a Knight but 2 ● In the Parliament at Westminster in the 33 ● yeare he had 26 ● 8 d for euery sacke of wooll transported in the 42 t● yeare 3 dismes 3 fifteens In his 45 l yeare he had 50000 of the Layty because the Spiritualty disputed it did not pay so much the King chang'd his Chancellour Treasurer and Privy Seale being Bishops and placed Lay men in their roome COVNS It seemes that in those dayes the kings were no longer in loue with their great Chancellors then when they deserued well of them IVST No my Lord they were not that was the reason they were well serued it was the custome then in many ages after to change the Treasurer the Chancellour euery 3 yeares withall to heare all mens complaints against thē COVNS But by this often change the saying is verified that there is no inheritance in the fauour of Kings Hee that keepeth the figge tree saith Salomon shall eat the fruite thereof for reason it is that the seruant liue by the Master IVST My Lord you say well in both but had the subiect an inheritance in the Princes favor where the Prince hath no inheritance in the subiects fidelity then were kings in more vnhappy estate then common persons For the rest Salomon meaneth not that he that keepeth the figge tree should surfet though he meant he should eate hee meant not hee should breake the branches in gathering the figs or eate the ripe leaue the rotten for the owner of the tree for what saith hee in the following chapter he saith that he that maketh haste to be rich cannot be innocent And before that he saith that the end of an inheritance hastily gotten cannot be blessed Your Lordship hath heard of few or none great with Kings that haue not vsed their power to oppresse that haue not grown insolent hatefull to the people yea insolent towards those Princes that advanced them COVNS Yet you see that Princes can change their fancies IVST Yea my Lord when favorites change their faith when they forget that how familiar socuer Kings make thēselues with their Vassals yet they are kings He that provoketh a King to anger saith Salomon sinneth against his owne soule And he further saith that pride goeth before destruction and a high minde before a fall I say therefore that in discharging those Lucifers how deare soeuer they haue beene kings make the world know that they haue more of Iudgement then of passion yea they thereby offer a satisfactory sacrifice to all their people too great benefits of subjects to their King where the minde is blowne vp with their owne deseruings and too great benefits of Kings confer'd vpon their subiects where 〈◊〉 minde is not qualified with a great deale of modesty are equally dangerous Of this later and insolenter had King Richard the second deliuered vp to Iustice but three or foure he had still held the loue of the people and thereby his life and estate COVNS Well I pray you goe on with your Parliaments IVST The life of this great King Edward drawes to an end so doe the Parliaments of this time where in 50 yeares raigne he neuer receiued any affront for in his 49 th yeare he had a disme and a fifteene granted him freely COVNS But Sir it is an olde saying that all is well that ends well Iudge you whether that in his 50 th yeare in Parliament at Westminster hee receiued not an affront when the house vrged the King to remoue discharge frō his presence the Duke of Lancaster the Lord Latimer his Chamberlaine Sir Richard Sturry and others whom the King fauoured and trusted Nay they pressed the King to thrust a certaine Lady out of the Court which at that time bare the greatest sway therein IVST I will with patience answere your Lordship to the full and first your Lordship may remember by that which I euen now said that neuer King had so many gifts as this King had from his subiects and it hath neuer grieued the subiects of England to giue to their King but when they knew there was a devouring Lady that had her share in all things that passed and the Duke of Lancaster was as scraping as shee that the Chancellour did eat vp the people as fast as either of them both It grieued the subjects to feede these Cormorants But my Lord there are two things by which the Kings of England haue beene prest to wit by their subiects and by their owne necessities The Lords in former times were farre stronger more warlike better followed liuing in their countries then now they are Your Lordship may remember in your reading that there were many Earles could bring into the field a thousand Barbed horses many a Baron 5 or 600 Barbed horses whereas now very few of them can furnish twenty fit to serue the King But to say the truth my Lord the Iustices of Peace in England haue oppos'd the iniusticers of warre in England the kings writ runs ouer all the great Scale of England with that of the next Constables will serue the turne to affront the greatest Lords in England that shall moue against the King The force therefore by which our Kings in former times were troubled is vanisht away But the necessities remaine The people therefore in these later ages are no lesse to bee pleased then the Peeres for as the later are become lesse so by reason of the trayning through England the Commons haue all the weapons in their hands COVNS And was it not so euer IVST No my good Lord for the Noblemen had in their Armories to furnish some of thē a thousand some two thousand some three thousand men whereas now there are not many that can arme fifty COVNS Can you blame them But I will only answere for my selfe betweene you me be it spoken I holde it not safe to
maintaine so great an Armory or Stable it might cause me or any other Nobleman to be suspected as the preparing of some Innovation IVST Why so my Lord rather to bee commended as preparing against all danger of Innovation COVNS It should be so but call your observation to accompt you shall find it as I say for indeed such a jelousie hath been held euer since the time of the Ciuill wars ouer the Military greatnes of our Nobles as made them haue litle will to bend their studies that wayes wherefore let euery man prouide according as hee is rated in the Muster booke you vnderstand me IVST Very well my Lord as what might be replyed in the preceiuing so much I haue euer to deale plainly and freely with your Lordship more fear'd at home popular violence then all the forreine that can be made for it can neuer bee in the power of any forreine Prince without a Papisticall party either to disorder or endanger his Majesties Estate COVNS By this it seemes it is no lesse dangerous for a king to leaue the power in the people then in the Nobility IVST My good Lord the wisdome of our owne age is the foolishnes of another the time present ought not to bee prefer'd to the Policy that was but the policy that was to the time present So that the power of the Nobility being now withered and the power of the people in the flowre the care to content them would not be neglected the way to win them often practized or at least to defend them from oppression The motiue of all dangers that euer this Monarchy hath vndergone should bee carefully heeded for this Maxime hath no posterne Potestas humana radicatur in voluntatibus hominum And now my Lord for King Edward it is true though he were not subject to force yet was hee subiect to necessity which because it was violent hee gaue way vnto it Potestas saith Pythagoras iuxia necessitatem habitat And it is true that at the request of the house he discharged put from him those before named which done he had the greatest gift but one that euer he receiued in all his dayes to wit from euery person man woman aboue the age of fourteen yeares 4 ● of old mony which made many Millions of Groats worth 6 ● of our mony This he had in generall besides he had of euery beneficed Priest 12 d. And of the Nobility Gentry I know not how much for it is not set down Now my good Lord what lost the King by satisfying the desires of the Parliament house for assoone as hee had the money in purse hee recalled the Lords and restored them who durst call the King to accompt when the Assembly were dissolued Where the word of a King is there is power saith Ecclesiasticus who shall say vnto him what doest thou saith the same Author for euery purpose there is a time judgment the King gaue way to the time his judgmēt persweded him to yeeld to necessity Consularius nemo melior est quàm tempus COVNS But yet you see the king was forc'd to yeeld to their demaunds IVST Doth your Lordship remember the saying of Monsieur de Lange that he that hath the profit of the warre hath also the honour of the warre whether it be by battaile or retreate the King you see had the profit of the Parliament and therefore the honour also what other end had the king then to supply his wants A wise man hath euermore respect vnto his ends And the king also knew that it was the loue that the people bare him that they vrged the remouing of those Lords there was no man among them that sought himselfe in that desire but they all sought the King as by the successe it appeared My good Lord hath it not been ordinary in England and in France to yeeld to the demaunds of rebels did not King Richard the second graunt pardon to the outragious roagues murtherers that follovved Iack Straw Wat Tyler after they had murthered his Chancellor his Treasurer Chiefe Iustice and others brake open his Exchequer and committed all manner of outrages and villanies and why did he doe it but to avoid a greater danger I say the Kings haue then yeelded to those that hated them and their estates to wit to pernicious rebels And yet without dishonour shall it be called dishonour for the King to yeeld to honest desires of his subjects No my Lord those that tell the King those tales feare their own dishonour and not the Kings for the honour of the King is supreame and being guarded by Iustice and piety it cannot receiue neither wound nor stayne COVNS But Sir what cause haue any about our King to feare a Parliament IVST The same cause that the Earle of Suffolke had in Richard the seconds time and the Treasurer Fartham with others for these great Officers being generally hated for abusing both the King and the subiect at the request of the States were discharged and others put in their roomes COVNS And was not this a dishonour to the king IVST Certainly no for King Richard knew that his Grandfather had done the like and though the king was in his heart vtterly against it yet had hee the profite of this exchange for Suffolke was fined at 20000 markes 1000 ● lands COVNS Well Sir we will speake of those that feare the Parliament some other time but I pray you goe on with that that happened in the troublesome raigne of Richard the second who succeeded the Grandfather beeing dead IVST That king my good Lord was one of the most vnfortunate Princes that euer England had hee was cruell extreame prodigall and wholly carryed away with his two Minions Suffolk the duke of Ireland by whose ill advice others he was in danger to haue lost his estate which in the end being led by men of the like temper he miserably lost But for his subsedies hee had giuen him in his first yeare being vnder age two tenths and two fifteenes In which Parliament Alice Peirce who was remoued in king Edwards time with Lancaster Latimer and Sturry were confiscate banished In his second yeare at the Parliament at Glocester the King had a marke vpon euery sacke of wooll and 6 d the pound vpon wards In his third yeare at the Parliament at Winchester the Commons were spared and a subsedy giuen by the better sort the Dukes gaue 20 markes and Earles 6 markes Bishoppes and Abbots with myters fixe markes euery marke 3● 4 d euery Knight Iustice Esquier Shrieue Parson Vicar Chaplaine paid proportionably according to their estates COVNS This me thinkes was no great matter IVST It is true my Lord but a little mony went far in those dayes I my selfe once moued it in Parliament in the time of Queene Elizabeth who desired much to spare the Common people and I did it by her Commaundement but when we cast vp
the subsedy Bookes wee found the summe but smal whē the 30 ● men were left out In the beginning of his fourth yeare a tenth with a fifteene vvere granted vpon condition that for one vvhole yeare no subsedies should bee demaunded but this promise vvas as suddenly forgotten as made for in the end of that yeare the great subsedy of Poll mony vvas granted in the Parliament at Northampton COVNS Yea but there follovved the terrible Rebellion of Baker Straw and others Leister Wrais and others IVST That vvas not the fault of the Parliament my Lord it is manifest that the subsedy giuen vvas not the cause for it is plaine that the bondmen of England began it because they vvere grieuously prest by their Lords in their tenure of Villenage as also for the hatred they bare to the Lavvyers Attorneyes for the story of those times say that they destroyed the houses Mannors of men of lavv and such Lavvyers as they caught slevv them beheaded the Lord chiefe Iustice which commotion being once begun the head mony was by other Rebels pretended A fire is often kindled with a litle straw which oftentimes takes hold of greater timber consumes the whole building And that this Rebellion was begun by the discontented slaues whereof there haue beene many in Elder times the like is manifest by the Charter of Manumission which the King granted in haec verba Rich. Dei gratia c. Sciatis quòd de gratia nostrâ spirituals manumissimus c. to which seeing the King was constrained by force of armes hee revoked the letters Pattents and made them voide the same revocation being strengthened by the Parliament ensuing In which the King had giuen him a subsedy vpon wools called a Maletot In the same fourth yeare was the Lord Treasurer discharged of his Office and Hales Lord of S Iohns chosen in his place In his fift yeare was the Treasurer againe changed and the Staffe giuen to Segraue and the Lord Chancellour was also changed and the staffe giuen to the Lord Scroope Which Lord Scroope was againe in the beginning of his sixt yeare turned out and the King after that he had for a while kept the Seale in his own hand gaue it to the Bishop of London from vvhom it vvas soone after taken bestovved on the Earle of Suffolke vvho they say had abused the king and converted the kings Treasure to his ovvne vse To this the King condiscended and though saith Walsingham he deserued to loose his life and goods yet he had the fauor to goe at liberty vpō good sureties because the K. vvas but yong that the reliefe granted vvas committed to the trust of the Earle of Arundell for the furnishing of the Kings Navy against the French COVNS Yet you see it vvas a dishonor to the K. to haue his beloued Chancellour remoued IVS. Truly no for the K. had both his fine 1000 lāds a subsedy to boot And though for the present it pleased the K. to fancy a man all the vvorld hated the K s passiō ouercōming his Iudgmēt yet it cānot be cal'd a dishonor for the K. is to belieue the general coūsel of the kingdom to prefer it before his affection especially vvhen Suffolk vvas proued to be false euen to the K for were it otherwise loue and affection might bee called a frenzie and a madnesse for it is the nature of humane passions that the loue bredde by fidelity doth change it selfe into hatred when the fidelity is first changed into falshood COVNS But you see there were thirteene Lords chosen in the Parliament to haue the oversight of the government vnder the King IVS No my Lord it was to haue the oversight of those Officers which saith the Story had imbezeled lewdly wasted and prodigally spent the Kings treasure for to the Cōmission to those Lords or to any six of them joyn'd with the Kings Counsell was one of the most royall and most profitable that euer he did if hee had bin constant to himself But my good Lord man is the cause of his own misery for I wil repeate the substance of the commission granted by the K confirmed by Parliament which whether it had bin profitable for the K. to haue prosecuted your Lordship may judge The preamble hath these words Whereas our Sovereigne Lord the King perceiveth by the greivous complaints of the Lords Commons of this Realme that the rents profits revenues of this Realme by the singular and insufficient Councell and evill gouernment aswell of some his late great Officers and others c. are so much withdrawen wasted eloyued giuen granted alienated destroyed and evill dispended that he is so much impoverished and void of treasure and goods and the substance of the Crown so much diminished and destroyed that his estate may not honorably be sustained as appertayneth The K. of his free will at the request of the Lords and Commons hath ordayned Williā Archbishop of Canterbury and others with his Chancellour Treasurer keeper of his privy seale to survey and examine as well the estate and governance of his house c. as of all the rents and profits and revenues that to him appertayneth and to be due or ought to appertaine and be due c. And all manner of gifts graunts alienations and confirmations made by him of lands tenements rents c. bargained and sold to the preiudice of him and his Crowne c. And of his iewels goods which were his Grandfathers at the time of his death c. and where they be become This is in effect the substance of the commission which your Lordship may reade at large in the booke of Statutes this commission being enacted in the tenth yere of the Kings reigne Now if such a commission were in these daies granted to the faithfull men that haue no interest in the sales gifts nor purchases nor in the keeping of the jewells at the Queenes death nor in the obtaining graunts of the Kings best lands I cannot say what may be recouered justly recovered and what say your Lordship was not this a noble acte for the King if it had beene followed to effect COVNS I cannot tell whether it were or no for it gaue power to the Commissioners to examine all the graunts IVST Why my Lord doth the King graunt any thing that shames at the examination are not the Kings graunts on record COVNS But by your leaue it is some dishonour to a King to haue his judgement called in question IVST That is true my Lord but in this or vvhensoever the like shall be graunted in the future the Kings judgement is not examined but their knavery that abused the K. Nay by your favour the contrary is true that vvhen a King will suffer himselfe to bee eaten vp by a company of petty fellowes by himselfe raised there in both the judgement and courage is disputed And if your Lordship vvill disdaine it at your own servants
they neuer so great as great as Gyants yet if they disswade the King from his ready and assured way of his subsistence they must devise how the K. may be else-where supplied for they otherwise runne into a dangerous fortune COVNS Hold you contented Sir the King needes no great disswasion IVST My Lord learne of me that there is none of you all that can pierce the King It is an essentiall property of a man truely wise not to open all the boxes of his bosome even to those that are neerest and deerest vnto him for when a man is discovered to the very bottome he is after the lesse esteemed I dare vndertake that when your Lordship hath served the King twice twelue yeares more you will finde that his Majestie hath reserved somewhat beyond all your capacities his Majestie hath great reason to put off the Parliament as his last refuge and in the meane time to make triall of all your loues to serue him for his Majestie hath had good experience how well you can serue your selues But when the King finds that the building of your owne fortunes and factions hath beene the diligent studies and the service of his Majestie but the exercises of your leisures Hee may then perchance cast himself vpon the general loue of his people of which I trust hee shall never bee deceiued and leaue as many of your Lordships as haue pilfered from the Crowne to their examination COVNS Well Sir I take no great pleasure in this dispute goe on I pray IVST In that Kinges 5 th yeare hee had also a subsedy which he got by holding the house together from Easter to Christmas and would not suffer them to depart He had also a subsedie in his ninth yeare In his eleventh yeare the Commons did againe presse the king to take all the temporalities of the Church-men into his hands which they proved sufficient to maintaine 150 Earles 1500 knights and 6400 Esquiers with a hundred hospitals but they not prevayling gaue the King a subsedy As for the notorious Prince Henry the fift I finde that he had given him in his second yeare 300000 markes and after that two other subsedies one in his fifth yeare another in his ninth without any disputes In the time of his successour Henry the sixt there where not many subsedies In his third yeare he had a subsedy of a Tunnage and Poundage And here saith Iohn Stom began those payments which wee call customes because the payment was continued whereas before that time it was granted but for a yeare two or three according to the Kings occasions Hee had also an ayde and gathering of money in his fourth yeare and the like in his tenth yeare and in his thirteenth yere a 15 th He had also a fifteenth for the conveying of the Queene out of France into England In the twenty eight yeare of that King was the acte of Resumption of all honours townes castles Signieuries villages Manors lands tenements rents reversions fees c. But because the wages of the Kings seruants were by the strictnes of the acte also restrained this acte of Resumption was expounded in the Parliament at Reading the 31 th yeare of the Kings reigne COVNS I perceiue that those acts of Resumption were ordinary in former times for King Stephen resumed the lands which in former times hee had giuen to make friends during the Ciuill warres And Henry the second resumed all without exception which King Stephen had not resumed for although King Stephen tooke backe a great deale yet hee suffered his trustiest seruants to enjoye his gift IVST Yes my Lord in after times also for this was not the last nor shall be the last I hope And judge you my Lord whether the Parliaments doe not only serue the King whatsoeuer is said to the contrary for as all King Henry the 6 gifts graunts were made voide by the Duke of Yorke when he was in possession of the kingdome by Parliament So in the time of K. H. when K. Edw was beaten out again the Parliament of Westminster made all his acts voyde made him all his followers traytors gaue the King many of their heads lands The Parliaments of England do alwaies serue the King in possession It seru'd Rich. the second to condemne the popular Lords It seru'd Bollingbrooke to depose Rich. When Edw. the 4. had the Scepter it made them all beggars that had followed H. the 6. And it did the like for H. when Edw. was driuen out The Parliaments are as the friendship of this world is which alwayes followeth prosperity For K. Edw. the 4 after that hee was possessed of the Crown he had in his 13 yeare a subsedy freely giuen him in the yeare following hee tooke a benevolence through England which arbitrary taking frō the people seru'd that ambitious traytor the Duke of Bucks After the Kings death was a plausible argument to perswade the multitude that they should not permit saith Sir Thomas Moore his line to raigne any longer vpon them COVNS Well Sir what say you to the Parliament of Richard the third his time IVST I finde but one and therein he made diuerse good Lawes For K. Henry the seuenth in the beginning of his third yeare hee had by Parliament an ayde granted vnto him towards the reliefe of the Duke of Brittaine then assailed by the French King And although the King did not enter into the warre but by the advice of the three estates who did willingly contribute Yet those Northerne men which loued Richard the third raised rebellion vnder colour of the mony impos'd murthered the Earle of Northumberland whom the King employed in that Collection By which your Lordship sees that it hath not beene for taxes and impositions alone that the ill disposed haue taken Armes but euen for those payments which haue beene appoynted by Parliament COVNS And what became of those Rebels IVST They were fairely hang'd and the mony levied notwithstanding in the Kings first yeare he gathered a marvailous great masse of mony by a benevolence taking patterne by this kind of levie from Edw. 4 th But the King caused it first to be moued in Parliament where it was allowed because the poorer sort were therein spared Yet it is true that the king vsed some arte for in his Letters hee declared that hee would measure euery mans affections by his gifts In the thirteenth yeare hee had also a subsedy whereupon the Cornish men tooke Armes as the Northerne men of the Bishoppricke had done in the third yeare of the King COVNS It is without example that euer the people haue rebelled for any thing granted by Parliament saue in this kings dayes IVST Your Lordship must consider that he was not ouer much belou'd for hee tooke many advantages vpon the people and the Nobility both COVNS And I pray you what say they now of the new impositions lately laide by the Kings Maiesty doe they say that
they are justly or injustly laide IVST To impose vpon all things brought into the Kingdome is very auncient which imposing when it hath beene continued a certaine time is then called Customes because the subjects are accustomed to pay it yet the great taxe vpon wine is still called Impost because it was imposed after the ordinary rate of payment had lasted many yeares But we doe now a dayes vnderstand those things to bee impositions which are raised by the commaund of Princes without the aduice of the common-wealth though as I take it much of that which is now called custome was at the first imposed by Prerogatiue royall Now whether it be time or consent that makes them just I cannot define were they just because new and not justified yet by time or vnjust because they want a generall consent yet is this rule of Aristotle verified in respect of his Majestie Minus timent homines iniustum pati à principe quem cultorem dei putant Yea my Lord they are also the more willingly borne because all the world knowes they are no new Invention of the Kings And if those that advised his Maiestie to impose them had raised his lands as it was offered them to 20000 l more then it was and his wards to asmuch as aforesaid they had done him farre more acceptable seruice But they had their own ends in refusing the one and accepting the other If the land had beene raised they could not haue selected the best of it for themselues If the impositions had not been laide some of them could not haue their silkes others peeces in farme which indeed grieued the subiect tenne times more then that which his Maiestie enjoyeth But certainly they made a great advantage that were the advisers for if any tumult had followed his Maiesty ready way had beene to haue deliuered them ouer to the people COVNS But thinke you that the King would haue deliuered them if any troubles had followed IVST I know not my Lord it was Machiavels counsell to Caesar Borgia to doe it and K. H. the 8 deliuered vp Empson and Dudley yea the same King when the great Cardinall Woolsey who gouerned the King and all his estate had by requiring the sixt part of euery mans goods for the King raised a rebellion the King I say disavowed him absolutely that had not the Dukes of Norfolke and Suffolke appeased the people the Cardinall had sung no more Masse for these are the words of our Story The King then came to Westminster to the Cardinals palace and assembled there a great Councell in which he protested that his minde was neuer to aske any thing of his Commons which might sound to the breach of his Lawes Wherefore hee then willed them to know by whose meanes they were so strictly giuen foorth Now my Lord how the Cardinall would haue shifted himselfe by saying I had the opinion of the Iudges had not the rebellion beene appeal'd I greatly doubt COVNS But good Sir you blanch my question and answere mee by examples I aske you whether or no in any such tumult the people pretending against any one or two great Officers the King should deliuer them or defend them IVST My good Lord the people haue not stayde for the kings deliuery neither in England nor in France Your Lordship knowes how the Chauncellour Treasurer and Chiefe Iustice with many others at seuerall times haue bin vsed by the Rebels And the Marshals Constables and Treasurers in France haue beene cut in pieces in Charles the sixt his time Now to your Lordships question I say that where any man shall giue a King perilous advice as may either cause a rebellion or draw the peoples loue from the King I say that a King shal be advised to banish him But if the King doe absolutely commaund his seruant to doe any thing displeasing to the Common-wealth and to his own peril there is the King bound in honour to defend him But my good Lord for conclusion there is no man in England that will lay any invention either grieuous or against law vpon the Kings Maiesty And therefore your Lordships must share it amongst you COVNS For my part I had no hand in it I thinke Ingram was he that propounded it to the Treasurer IVST Alas my good Lord euery poore wayter in the Custome-house or euery promoter might haue done it there is no invention in these things To lay impositions and sell the Kings lands are poore and common devices It is true that Ingram and his fellowes are odious men and therefore his Maiestie pleas'd the people greatly to put him from the Coffership It is better for a Prince to vse such a kinde of men then to countenance them hang-men are necessary in a Commonwealth yet in the Nether-lands none but a hangmans sonne will marry a hang-mans daughter Now my Lord the last gathering which Henry the seuenth made was in his twentieth yeare wherein hee had another benevolence both of the Cleargy and Laity a part of which taken of the poorer sort hee ordained by his Testament that it should bee restored And for King Henry the eight although hee was left in a most plentifull estate yet he wonderfully prest his people with great payments for in the beginning of his time it was infinite that hee spent in Masking and Tilting Banquetting and other vanities before hee was entered into the most consuming expence of the most fond and fruitlesse warre that euer King vndertooke In his fourth yeare hee had one of the greatest subsedies that euer was granted for besides two fifteenes and two dismes hee vsed Dauids Lawe of Capitation or head-money and had of euery Duke ten markes of euery Earle fiue pounds of euery Lord foure pounds of euery Knight foure markes euery man rated at 8 ● in goods 4 markes and so after the rate yea euery man that was valued but at 40 paide 12 ● and euery man and woman aboue 15 yeares 4 ● Hee had also in his sixt yeare diuers subsedies granted him In his fourteenth there was a tenth demaunded of euery mans goods but it was moderated In the Parliament following the Clergie gaue the King the halfe of their spirituall liuings for one yeare of the Laity there was demanded 800000 ' which could not be levied in England but it was a marveilous great gift that the king had giuen him at that time In the Kings seuenteenth yeare was the Rebellion before spoken of wherein King disavowed the Cardinall In his seuenteenth yeare hee had the tenth and fifteenth giuen by Parliament which were before that time paide to the Pope And before that also the monyes that the King borrowed in his fifteenth yeare were forgiuen him by Parliament in his seuenteenth yeare In his 35 yeare a subsedy was granted of 4 ● the pound of euery man worth in goods from 20● to 5 ● from 5 ● to 10 l and vpwards of euery pound 2. And all strangers denisens and others doubled