A letter sent by F.A. touchyng the proceedings in a priuate quarell and vnkindnesse, betweene Arthur Hall, and Mel­chisedech Mallerie Gentlemen, to his very friende L.B. being in Italie. VVith an admonition to the Father of F.A. to him being a Burgesse of the Parliament, for his bet­ter behauiour therein.

To the right worshipful Sir Henrie Kneuet Knight, the Printer wishes, worship, health and long life.

AFter by an extraordinarye meanes (good Knight) this letter with the appurtenan­ces in written hand, came to be mette withall by mee, I was of diuers mindes, one way not to bestowe the cost on such a trifle, an other way not to consent to the smothering of wel disposed (as I take it) persons, thirdly not to thrust out what I found presupposed, with partiall minde to harme innocēts (as I cōceiue it) & hauing preferred wil (be it so) before reason, I yeelde to you my labour and the setting my letters togither, praying with all, that my good wil may be accepted by you, who (I cā wel gather) a partie in this [Page] tragedie coūtes himselfe much beholding to: and tho I might direct perhap my tra­uel to men as it seemeth of verie good a­vaile, and friendes to maister Hal in this case, yet (good Sir Henrie) you shal haue it, refuse it not, take in good part and glo­rie that your wel doings deserues & hath thāks, not for benefit growē of your good motions, but for the rote of vertue ioyned with gentleman lie minde, whiche not in this only but in manie other actions layes open to the worlde, and therfore needles for me to repeate: I leaue as I beganne, wishing you all prosperity.

I Know you haue ere this expected my ordi­narie letters, whiche are to you into Italie from me out of England the remembrers, and I hope preseruers of our olde acquain­tance, I measure you by my selfe, for I am most glad to reade his friendly lines, whose presence, if I might, I woulde more willinglie imbrace. You may not misdeeme for that I wrote not to you this laste moneth: so it is that since my last being with you in Italie and els where, at whiche tyme, I desired to make my selfe acquaynted with the state of forrayne countries, I haue sought aswell to learne what the horse meanes, as the carte, that is, in my returne, I supposed I kn [...]we all, bycause I had seene more than my neighbours, but fin­ding myne owne weakenesse, being questioned withall of mere Englande, wherein for wante of experience, I coulde not answere, I found I had begon at the wrong ende. I ranne to gaze vpon Fraunce and knew not Kent: I vewed Spayne, and neuer was in Deuonshyre: exactly (as I thought) I iudged of Italie, & neuer traueyled Wales: I came home by large Germanie, wherin I supposed I had a pretie sight, and yet not able to wade with you how the poore king­dome of Man is sited. And as I was ignorant of the seate of this lande, so was I further to seeke in the auncient rytes and vsuall gouernment thereof. Which considered, & finding my self a mēber of that body, I sought to mende my wante, and to beginne to take a better course, rather late than neuer: wherefore I haue since my arriuall here, endeuoured my selfe to vnderstand mine owne countrie: and my Father your well wisher, as you know, aduised me at my home cōming, to be cōtent rather to learne than teache, to be more willing to heare than speake, and that (quoth he) you shall well finde, that yong men stande bet­ter for the most parte in their owne conceytes than there is cause. I am a membre of the graue, great, and conside­rate Councell of the Parliament, the whiche my rowme, [Page] I will labour you shall haue this next Sessions (if God so please) wherein what you shall finde, declare at your home comming. For wrastelers (quoth he) thinke themselues strong men, till they meete with theyr betters: good wits specially standing in their owne lightes, for affection sake, can abide no disputacion. Take the best and leaue the worst, and you shall reape in fewe lines the trauels of my olde yeares. Reade me this shorte aduice, whiche here I giue you and with that retched me a small Booke of his owne hand writing, the copie whereof, I sende you here­with. All this some will thinke needelesse, as things not according to our vsuall aduises. I so confesse, but bycause I meane to leaue the occurrents dayly looked for, as newes, and to write to you of a case happened of late here, whiche tho it be of no great importance, beyng the action of meane and pryuate persons, yet twoo causes moues mée thereto, whiche are these: The first for that men wil­lingly heare matters of those, with whome familiaritie and acquayntance hath bene: Nexte, bycause I haue hearde it often spoken, that it is euill to belye the Deuill, and that I see and heare suche vntrueths spredde abroade, and also I muste needes say, of some, who know their woordes are wrongfully wrested, to the great preiudice of the credite of Master Arthur Hall, whose companie at Padoa, the yeere 1568 you once were gladde of, and thought it a contented meeting, whiche happened in that towne betweene you two, I in companie, at Antenors tombe, where firste you had sight one of an other, is the seconde occasion, that I write of this matter, at this pre­sente vnto you. First assure your selfe, that what I deli­uer vnto you, is most directly tolde, without leanyng ey­ther to the one side or to the other, for I haue taken great obseruation in my collections, tho some perhappe will thinke, the matter deserues no suche trauayle. To de­scribe the man vnto you, I thinke I neede not, your knowledge of him in Italie, can sufficiently iudge what [Page] he was: then you may remembre, God hath done his parte on him, (as wee say in English) his capacitie, hys sensible tongue at will to vtter his mynde, no wante of au­dacitie, of sufficient courage, well disposed to liberalitie, louyng and sure to his friende, secrete where he is trusted, and I haue founde hym to haue greate care of his worde, not wholly vnlearned, with a smacke of the knowledge of diuerse tongues: the inclination of the good partes whiche do budde in hym, I may not omitte, and so lyke­wise not forget the taches of his mother Eue, which I find in him, whiche are these: Ouerweenyng of himselfe, whiche brings many infirmities to the persone whiche is infected with that canker, furious when he is contraried▪ without pacience to take tyme to iudge or doubte the daunger of the sequele, as your selfe is witnesse of his dea­lings at Rome, at Florence, in the way betweene that and Bollonia, and at Bollonia it selfe, the yeere aboue named, so implacable if he conceyue an iniurie, as Sylla will ra­ther be pleased with Marius, than he with his equals, in a maner for offences growne of tryfles. But herein I haue tolde hym my opinion, whiche is, that sithe he will leane so muche to his owne inclination, that God will sende a shrewde Cowe shorte hornes, whiche hetherto he hath done to hym. Also spending more tyme in sportes, and following the same, than is any way commendable, and the lesse, bycause, I warrant you, Non friget ludus, for it is, [...]ine lucro: the summes be great are dealte for. Thus muche for the firste persone of this Tragedie. Now as touching the other, whiche was Master Melchisedech Mallerie, I neede spende no great time aboute him, and that for two causes, one, for that you knew him in Flaūders of late time, as I could put you in remembraunce by good tokens if I woulde: The other, for asmuch as God hath taken him, and therefore, as De absentibus nil nisi bonum, so, De mortuis nil nisi optimum, he was (as you know) of a good spryte, ready tongue, in audacitie forwarde, what else he [Page] was disposed to this needelesse, for the causes before reci­ted, as I haue partly sayd before. Some wise mē wil mer­uayle, if this come to their handes, that I spende my time, to wryte to you so long a treatise of so small a matter, as of the vnkindnesse or quarel of two so meane Gentlemen, & therefore thinke I haue litle to do, or lesse witte▪ I haue meruayled oft what the wryters meant, to put to our rea­dings the Rounde table knights, Beuis of Hampton, the Knight of the Swanne, the foure sonnes of Amon, Amadis, Orlando furioso, Espandion il Caualleire del sole, Valentine and Orson the Greekes, Olgarden the Dane, & a thousand more such tryfling Fables, yet do I see many men of iudgement read them, some for the tongue, and some for the matter, reape benefite of both: likewise I may not so wholly condemne this my trauell, wherein onely truth is reported, & (Durus est sermo, some will thinke) assuredly no falsifying of any matter of substance, neither is my conscience in minimis, but as casually men may fault: but that a man may profite himselfe in one of the two partes, that is, for the matter, whiche if he well consider, he shall finde more than perhap is looked for in so simple a Title: there is not so euill a floure but the Bee may gather hony of it. Who so desires to be delighted with Eloquence, let him spend his time in other store houses, for here he shal but loose his labour. If you will keepe to your selfe this Letter, or rather missi [...]e Pamphlet, I shalbe assured to auoyde the diuerse verdites of manyfolde iudgements, and I am well pleased that you deeme therof as best shal like you. See the fruyte of play.

In the yere 1573. there was one Robert Phillipson, who in Lothbery in London kepte a table of xij. pence a meale for Gentlemen, where the xvj. of December the [...] ere, M. Hall, M. Mallorie, M Edward Cordall, M. [...]-house, my self, and diuerse honest Marchants of the towne supped, supper ended, the dice was throwen on the borde, who must pleasure the good man of the house by paying the [...]oxe, and displease the whole companie, by occasions, dayly [Page] guinitye to so good an exercise: the sporte lasted not the throwing oute of euerye bodyes hande aboute the bourde, (and yet al the companye dyd not playe) but M. Mallerie gaue the lye wyth harde wordes in heate, to one of the play­ers, who either for quietnesse sake, or for other cause, made smal replye, wherevppon M. Mallerie followed as he be­gan: I canne yéelde you no reason, neither yet if I could wold I, for I am reporter now of the truth in al partes, and not a declarer of my opinion as a iudge. M. Hal séemed to take the matter in hand, a thankelesse office (for speaking before hee was féed) and sayde, I maruaile, M. Mallerie, that where there is suche company, which séeme honest, you will to the preiudice of their smal reputations vse such vnséemly wordes. Mallery made chalenge that he would say so, who so euer durst be his contrary. Whervpon Hal tickled, sware, as he wil not sticke to lende you an othe or twoo, that for hys gallant challenge, it were a good déede, (being no greater a man, for he was but little as you know,) to throw him oute at the window. Here Etna smoked, daggers were a drawing, one rose from his place, the other walked vp and downe, they woulde haue gone together, but as god would they went not, the goodman lamented the case, for the slaunder, that a quarel should be in his house, the rest of the company wished quiet­nesse: and for my parte, I found the parties themselues rea­sonably wel disposed to friendshippe. The matter was ended for this fitte, with commemoration, how well one loued an o­ther: as many times of euil beginnings comes worsse ends: so now againe on the other side, honest and friendly dealings wel ment, settes the Towe on fire, for in Februarye follow­ing Master Rich. Drake, a gentleman well bearing himselfe alwayes, thou attending vpon my L. of Leicester, but now ye Quéenes maiestyes seruaunte in ordinarye, aduised M. Hall as his friende, to take héede to himselfe in playe, for­asmuch as he had some waies vnderstoode of indirect dealings touching the same: and specially for the giuing signes of hys game at Mawe, a play at cardes growne out of the country, [Page] from the meanest, into credite at the courte with the greatest. Hal, toke his friendship in good parte, as he had good cause, & craued withal to shewe, whom he mistrusted, who as one not making tales on his fingers endes, named Melchisedech Mal­lery, as a mā to be doubted off. In troth quoth Hal, yesternight he trode on my foote, I being at Maw at Mistresse Arūdels, the old & honorable ordinary table, as I may terme it of Englād, but what he ment therby I know not, I thinke no euil.

The eight of March after, there was at supper at one Iohn Crokes, who kept an ordinary table in White crosse streate of twelue pence a meale, Maister William Daunsey, Mai­ster Drake before named; Maister Nicholas Gorge, Maister Frauncis Woodhouse, M. Hal, M. Mallerye, a [...]d one or two Marchauntes: some of them had bin at o [...] sporte, some at an other, as I hearde thēselues repo [...]t, and some shewed o­penly, what cūning might be vsed at pl [...]: in ye talking wher­of I met them cōming out of the [...]ore about ten of the clocke at night. Hal being passed not aboue twenty yardes before ye rest in ye streate homewardes to his lodging, discoursing one with an other of the premisses. Master Drake detesting such vngentlemanly shifts, began to condemne such practises, and withal recited what reports went of some (no [...] naming any) who kept company with the vsual best gentlemen in ye town, condemning their degenerate kind, professing thēselues of ye breede) in yéelding, to so base, so abiect, & shamelesse an occupa­tion, as to take the worst parte of al parts of the play in hād, which was, to giue by secrete signes notice of his cardes and playe, whose good meaning would haue truste a horseke­per with a greater matter. At these wordes or such like, M. Mallery replyed, and sayd, that it were good he were known that vsed such lewde practises: why quoth Master Drake, you are suspected to be one of the number, wyth hye words he de­nied it, desiring wher, how, & of whō, he had bin so touched. In generalitie, maister Drake told him the opinion of many, his own iudgemēt, & withal, Hinc illae [...]brima, maister Halles spee­ches to him here before recited, yet that he had small cause to deeme euil of him, forasmuch as he had deliuered thē in so [Page] good sort, as he did. Two days after, being y tenth of March, Mallerie came to Hal in Poules, and within my hearing char­ged him very hotely, that he had reported him too be a Cou­siner of folkes at Mawe. Hals answeare was thys, Maister George Freuel a gētlemā of my lord of Susser his being by, M. Mallerye I neuer sayde so beleue mee, for I desire not to haue to do in your causes, in any respect. I went to Toyes shoppe a Stationer at the signe of the Helmet, supposing this mat [...]er had bin ended, where I sawe togyther Hal, Mallerye, Freuel, and as it were with thē, Maister Robert Audeley, a gentlemā and fellow to maister Freuel perceiuing thē to clu­ster togither like Iohn Grayes birde, vt dicitur, who always loued company. I inclined to vnderstande some more of th [...] matter. Mallery vouched that Drake woulde veryfie, that Hal had saide as much as hee had charged him with in Poules▪ wherewith M Hal tolde him that he was assured so much of Master Drakes honestly, as he would neuer do it, also that he desired Mallery to choose some body else out, to shew himselfe on, rather than on him, for that he desired quietnesse, & of al mē wold haue no question with him, as frō whom he could pur­chase no reputatiō, The same after noone it was my chāce to be at Iohn Crokes, where there is a bowling alley of ye half bowle, whether doth repaire many Merchants & sundry gē ­tlemen, & in a Chamber aboue diuers were at play: ther was standing by M. Hal Maister Drake, Maister Richarde Rich. M. Mallery and foure or fiue Londoners. Mallery cal­led Hal aside, tolde that now Maister Drake was there, who would to his face affirme what he had giuen out, to him of his worde in Poules: they two wente to him: he tolde Mallerye he had done him and M. Hal wrōg, for he neuer reported Hals spéeches in such sort, nether could iustly do, but that M. Hal did not only giue iudgement of him in euil part, but rather semed to excuse, or at the least leaue in suspence the euil conceiued opiniō of him, M Hal, was patient, tho M. Mallery wer hoate, and wente his wayes, not seeming to heare harde wordes, which Mallerie sent after him. So tēperate an end was much maruelled at of manye, and M. Hal being demaunded what [Page] he ment by so much suffraunce, answered he was forced to be quiet, for as I vnderstode after, he was then bound to ye peace in no smal summes for troubles in his owne shire, wherwith I haue nothing to doe, it touches not thys matter.

Tyl the last of Iune. 1574. following, nothing happened yt I can learne, worth the registering, betwéene the parties, but euil wordes in corners one of another, small to ye repu­tiō of him whō they were reported of, & lesse to him who was the reporter. The same day at one Wormes who kept a ta­ble beside Fléete bridge, in ye late house of Courtely & curteous Gilbert Walker, at dinner time, being there present my lord Cromewel, M Thomas Farmer, Master Finchame, Master Boother, M. Sidnam, Maister Thomas Fisher, and others, M. Mallerie verye warmely beganne to play with M Hall (if such rough pastime may be coūted play) reporting him to be a knaue, a foole, and a boy, and Maister Farmer (like him­selfe) hearing these wordes, sayde, hee meruayled that Hall should be such a man, hardly beleeuing the same, bycause hée knewe him aswel as any other present. Mallerie followed a­gaine and prayed him to deliuer too Hal hys wordes, for (quoth he) a knaue he is in denying his wordes he vttered of mee to Drake: a foole, for that the last Parliamente he vsed in the house such spéeches, as he craued pardon, with protestati­on, abandoning thē, and confessing his folly: a boy, for that he durst not goe into the fielde with mee. Maister Finchame, much misliking such extraordinary table talke, and that of one absent, tho Maister Farmer were appointed to do Malle­ries message, yet did hee determine to giue M. Hall know­ledge of the same, and comming into Paules▪ met wyth hym walking there, to whom he declared the fore recited spéeches of Mallerie, wherewith Hal fetching as it were a great gron [...], sayd, Maister Fynchman I am greatly beholding vnto you, for this your curtesie, and wherin I am able you shal finde me ready to pleasure you. But what an vnhappy man am I, too haue any question with such a one as he is, whose company [...] I haue alwaies (as I might) auoyded, what iniury is thys to b [...] thus spoken of in, open place, where I am not to answered [Page] but be you wyth indifferent eares iudge, what vnkinde dea­ling this is. As for the first part, wherein he charges mee to be a knaue, for reporting him vntruly to maister Drake, and then denying the same: I haue witnesse enough how Drake himselfe did in al pointes discharge me to his face, of all sini­ster dealings therein. For that I am a foole, for matters paste in Parliament, I meane no disputations, you haue hearde enough thereof. But howe fondlye so euer I did behaue my selfe there, I suppose it not a fit cōmunication for an ordinary table. A boy forsooth I am, for so it pleaseth M. Mallerie to terme me, for not accepting his offer, to deale in quarel wyth hym. Assuredly on my fidelity hee neuer himself or by other moued any such thing to me, if he had I would haue kepte my selfe from the same: I trust you take it not for feare: but if any gentlemanne of accompte wil accepte the quarell, I will so deale as belongs to mee, or else confesse M. Mallerye hath wel reported: so ending with thankes to Maister Finchmā, they departed. M. Halles stomacke beganne to boyle, as some cause he had, and more if al had béene true, and present­ly he wente to Maister Farmers lodging, whiche was harde by Worms, desirous to enquire more exactly of the matter, tho Maister Finchams honestie and credite is suche, as no doubt were to be made of his report in a farre greater cause. Not finding Master Farmer, he went into Wormes, desi­rous either to méete with him or M. Mallerye, the one for small good will, the other for friendship. In the dyning roome he founde maister Edwarde Gryuell, and maister Butcher, and saluting them, he demaunded for Farmer, thoughe hys errand were as muche to Mallerye: they made aunswere he had bin there, but now was gone: wherewith maister Hall spying thorowe the glasse window, my Lord Souche, talking with another, and supposing it hadde bene M. Mallerie, in some hast went into the cockpitte yarde too him, and séeing my Lorde putting off his cappe, lefte him, and stil restlesse in hys minde, he retournes to Poules, where hee méetes Mai­ster Farmer, of whō he receiues as much as Maister Finchā deliuered, and so much more, as it is straunge that any man [Page] shoulde haue the disposition to vtter: At Maister Frauncis Woodehouse, lying in Charter house Churche yarde, at a lod­ging of my Lorde Pagettes, and there mette that nyght at supper, maister George Cheworth, maister Farmer, mai­ster Fincheam, and maister Roberte Bale, where Malle­ries wordes were againe recited. Supper ended, Hall went forthe in some soddaine, being required earnestlye to tarye, but hee promising partly to retourne, departed, and finding three of his men at the dore, (as in very deede he hathe kepte more than his abilitie, as it is thoughte is able) thoughe he had more in the Towne, who were slacker in attendaunce: with them (whose names were Edward Smalley, Iohn Ni­cholas, & Henry Woodward) he went to Wormes, & found in the place, Maister Butcher, Maister Fisher, and others, and at tables M Mallerie playing wyth Mayster Iohn Spenser, sonne and heire to sir Iohn Spenser, and drawing his dagger, mente (as hee saith) too haue stroke M. Mallerie therewith on the face, though [...] his backe were towarde him, Mallerie hauyng a glaunce of hys hande, bowed downe hys heade crying oute, wherewith M. Hall beeing readye too haue followed wyth an other blowe, he was helde, the house growyng full, as with my Lorde Souche, many Gentlemen and other, by the noise of the struggeling, and Malleries crye, in whiche time so recouering hymselfe, drue his dagger, and mighte as easilie haue slayne M. Hall beeing in handes as hee hadde pleased: but what was his staye god onelye knowes. M. Hall seeing himselfe in this daunger, and his dagger also in that moment wrested out of his handes, wyth greate furis saide, wil you holde me, while I am murdered▪ with that his three men, not knowing any part of the quar­rel came in, of the which Iohn Nicholas, hauing his dagger drawen, stroke ouer his Maisters head to haue hit Mallerie: & hee stouping downe before M. Hal, scaped the blowe, sauing a smal cut in the backe part of his skul, with ye pointe, ye hilts light on his Maisters pate, & with the part of the blade next y same, cutte his forehead. M. Mallerie would haue runne out of the doore, but Woodward hauing his sword drawen, & [Page] knew not whō to strike, made hym doubt. The bloud fel fa [...] in M. Hals eyes, so that with the company, and the want he was quiet, yet wiping the same out as fast as he could, he had a sight of M. Mallerie, and taking one of his mens daggers [...]ō thē, was pressing to Mallerie, who with a great shreke, ranne with al speede out of the doores, vp a paire of Stayres, & there alofte vsed moste harde wordes againste M. Hal, as are be­fore recited, moreouer auouching he was a traytor, & in déede left nothing out, which might almost be to ye preiudice of any honest mans good fame, and that in the bearing of Sir Iohn Conway, Worme ye good man of the house & others. My lord Souche vsed some hote spéeche too M. Hal, as hee was a dres­sing, for y he vsed such disquietnes in his lodging, but sir Iohn Conway did very worshipfully satisfie my Lorde, so that no matter grew therof. Among the reste I remember, yt M. Hal smarting in being drest, aduised ye surgion to vse him wel, say­ing he was beholding to his hornes, that the wound was not greate: there was that remembred, the olde prouerbe, yt it was not good iesting with edge tooles. The nexte day being ye firste of Iuly, M. Mallerie was at dinner at Wormes, and therfore his hurt was not very great, where maister Finchā was &c. there he gaue it out, yt he carryed a reuenging mind, & would be reuenged on Maister Hal, if he could take him at a­ny aduantage. To veryfie such meaning, Master Edward Rā ­dal of London sente M. Hal worde, that M. Mallerie hadde af­firmed, yt he would shew him an Italian tricke, intending ther­by to do him some secret & vnloked for mischiefe. Til the sixth of this month M. Hal lay at Maister Frauncis Woodhouse his house, not being fit to goe abroade for his hurte, but with a mufle in maner halfe ouer his face, yet vpon busines he had in ye countrie of Lincolneshire where he dwels, he toke hys iorney thitherward, yt same day, hiring post horses, & taking with him one Roger Moore, seruāt to master Wodhouse, w [...] was very fi [...] & in a maner acquainted with ye dressing of such hurts as M. Hals was. In his absence M. Mallerie repor­ted, yt he was gone out of the towne disguised, toke none of his owne men with him bycause he wolde not be knowne, howe [Page] hymselfe lay to meete him by the waye (as indéede he did) & mist ye knowledge of him, and in diuerse open places offred tē pounde to any man could bring him into the fielde, that hée might try the cause.

The 22. of Iuly M. Hal came to London, where hee hadde knowledge of many of M. Malleries defamations of him, yet yt time so serued for it, it had pleased their noble good mindes my lords, the Erle of S [...]ssex, and Leicester, to accept in mat­ching at shoting M. Hal, that he directed himselfe to attend on their honors ye time of the progresse, to perfourme ye matches set downe betweene thē, and therefore with asmuch spéede as as he could he dispatched his businesse to yt purpose, which so­ner he had done, wyth fulfilling of his duty, if his forehead had bin ful hoale. The second of August he went to the Court­ward, & at Sudley, the house of ye Lord Shaundoys late dis­ceased, now yt old Ladies ioynture, he found hir maiestie, & so remained, til his highnesse came to Winchester, where lea­uing the courte the 14 of Septēber, he came to his own home into the coūtry. At Mychelmasse terme following he came vp to London, and so continued M. Mallerie and he many tims in sight one of another, and no harme done: but fatum is ine­uitabile, else Troy perhap had stoode, so it might haue bin this stage shewe had not made so many laugh.

Of all dayes in the yeare it was the 29. of Nouember, M. Hal dyned at Iames Lumelius in Bishops gate streate, the son as it is sayde of old M. Dominicke, borne at Genoa, of the losse of whose nose there goes diuers tales, but tho he wāted a piece there, he wāted nether honesty, nor sensible good iudge­ment. And cōming by master Arundels, lying in his way to his lodging, for ye men who owe money in Cheapside like not alwaies to be pluckte by the sleue, and therfore toke Sainte Martines the next way from Bishops gate to Pater noster Row, he found at dice master Anthony Rush, master Drake, master Iasper More, master Beniamin Hanam, and master Rich. Gréene, and fel to do as the rest: hauing tryed the pas­time a while together, master Drake left, the rest continued, in which time came M. Mallerye vppe, and pressed nere M. [Page] Hall who was throwing the dice, who seing his haw [...]e gate & coūtenāce, pluckt off his gowne frō his right arme, hauing a short gowne of veluet on, & threw his chaūce out. Mallerie went thorow the rowme out of the vpper dore, as he had had to do with some Gentleman in his chamber in the house, wherewith Maister Drake came to Hal, and sayde, you stande in doubte of him, he answered no, but least he strike when I am otherwise occupied: quoth he, tende your play, mistrust not that, I will minde him He had no sooner spoken the worde, but Mallerie returned, Hall styl throwing the dyce, & with his hande on his dag­ger pressed forward, Master Drake, stoode betweene them both, whiche Mallorie perceyuing, or whether he woulde not disquiet the companie, went to the ende of the borde, it being square, and vsed the same behauiour, and then with the countenance he entred the house, he departed. M. Hall assoone as he had ended his throw, left play, and commyng into the hall, met Smaley his man, to whom he saide, Ie­sus can you not knocke the boyes head and the wall toge­ther, sith he runnes a bragging thus? Smaley made an­swere he had not seene him: with this Iohn Nicholas who had hurte Hal his Master, as you haue heard, began som­what to be sory that he had not done asmuch as was spo­ken of, and swore he should haue it. Wherevpon M. Hal charged them in any case not to hurte him with any wea­pon, but if he sought any matter, to cuffe him aboute the eares, saying, for the rest I my selfe will take order. To Powels M. Hal comes, finding in the Churche M. Roger Townesende, M. Thomas Farmer, and Master Frauncis Woodhouse, with whom walking, he declared M. Malle­ries behauiour, at Arundels, in the midst of whose speech Mallorie entred the Church, and passing twice or thryse by Hal, with great lookes and extraordinarie rubbing him on the elbowes, with spurnyng three or foure times a Spaniel of M. Woodhouses following his maister and maister Hal, Iohn Nicholas went out of the Churche at [Page] the weste dore, and so did a pretie while after him into the Churchyarde M. Townesende, and M Woodhouse, who both entred a bookesellers shoppe, to looke on Bookes. M. Mallerie with his mā after him, went out at the same dore. Nycholas spying Mallerie past him▪ hasted after, & ere he came to the two stoupes as ye goe to Ludgate, stept before him, wherwith Mallerie drew his rapier, and bad his man take him to his sworde and buckler, whiche both were done, Nycholas his sworde not yet being out: a fewe blowes they dealt togither, they two vpon Hals man, who they put in such daunger, & might haue done more, if they had wel set themselues to it, as M. Townesende & Wood­house were aboute to will same of their men to goe to his reskew: but at the instant, Edward Smalley drewe to his fellow, and strikyng at M. Mallerie, cut him downe the chéeke, and so the play was marde. Also after Smalley came one Iames Chamber, a seruaunt of M. Hals, who likewise drew his sworde, and his Maister charging hym therewith, he did proteste he did it to saue M. Mallerie frō more hurte, and to part the busines. Smalley returnes in­to Poules, and laughing came to his Master, telling how he had giuen him a boyes marke▪ wherewith M. Hal was greatly offended, beshrewyng hym very earnestly. Iohn Nycholas was taken by the Conestable, and M. Hyggins the Seriuener being boūd for him, he was deliuered. After supper M. Hal came to Mistres Arundels, where Master George Scot toke him aside, and demaunded of him whe­ther he were pryuie to M. Malleries hurte, he answeared of his fidelitie and credite no, but was more sory for it: yet withall, that he had ought him a wors [...]e turne, but not to haue bene in that [...]orte: yet, quoth he, what is done can­not be vndone, therfore now it must be borne off with the head and shoulders: And that if any Gentleman will de­fend his cause, I will so answeare hym as shalbe accepted of; and tho my men haue done that which with all my hart I wishe vndone, yet may I not refuse them, nether will: [Page] withall he told M. Scotte much of M. Malleries dealings to him warde, with offer to proue them by men of wor­ship and credite, so that M. Scotte seemed satisfied, & very friendly aduised M. Hal to take heede to himself, whom he greatly thanked for his good warning, tho he answered he mistrusted no harme. The first of Decēber M. Mallerie for his hurt, had the aduise of M. Silua a Piemontois, a practiser in Physicke & Surgerie, to whom he vttered such thōdering spéeches against M. Hal, & such heauie threates, yt M. Silua mistrusted some great cōsequent would folow, & being very often wt the L. Katherine Dutchesse of Suf­folke, where diuerse of M. Hals name & kinred be many times cōuersant, & some attendant on hir, as a bountyfull wel wisher to the whole family, declared to hir the danger he conceyued was contriued against M. Hal: she very ho­norably gaue him notice thereof, yet in part did condemne the hurting of M. Mallerie, for that some vntruthes tou­ching the same, had sounded in hir eares. The iij. of De­cember M. Hal late in the euenyng being at M. Howes house a goldsmith in Cheapeside, & his men attēding at the dore, Smalley was arrested at M. Malleries suyte of an action of the case, the damages a thousand markes, for his hurt: his Master desired M. Henry Gilbert a Goldsmith next by, & M. How to stande bounde for him, which most willingly they did as persones to whome not onely at this time but at al other occasions M. Hal had greatly bene be­holding. During this pastime, M Hal had great warning to haue respect to himself, & wheras he was oft to passe be­tweene Lōdon & his house in the Countrie, the iiij▪ of De­cember M. Drake very friēdly told him he had heard spee­ches, which were, that he should hardly recouer his owne home when he should returne, for such as lay in the way for him. The next day after M. Williā Hill, & one Walter seruant to Worme, gaue M. Hal to vnderstand how M. Mallerie had with great protestation vowed to slea him. Tho these parces must needes be disquietnesse to the per­sone [Page] of whose death so many determinations were giuen out, yet surely I found M. Hal made vertue of necessitie, what soeuer he thought, he shewed he bare ye mater light.

The xviij. of December the Courte being at Hampton, maister Hal supt at maister Comptrollers, Sir Iames Croftes, then and now holding the office, where was my L. Talbote, my L. Northe, Sir Henry Sidney now Lord deputie of Irelande, M. Gilbert Talbot, M. Henry Grey, and M. Thomas Cornwallis, with others, as my selfe &c. After supper the Comptroller and the Lordes going to the presence, M. Corwallis in the court where the Conduyte standes, called M. Hal, and desired to speake with him. I remember the time well, for I walked by, attending M. Hal with whome I had then somewhat to do: M. Corn­wallis tolde him how Frauncis Mallerie a brother of M. Malleries, had bene at the Court, and there with open mouth so exclamed of the misusing of his brother, as M. Cornwallis himselfe seemed to mislike M. Hal for some wantes layed to him, as that he durst not go into the fielde with Mallerie his contrarie, how he set his men to hurt him, and durst not do it him selfe, how shamefully he was ouermatched and striken behinde: and this did not onely M. Cornwallis conceiue against M. Hal, but many of the best stoode now in suspēce (by this meanes) of theyr iudge­ment of him, of whom heretofore they neuer made doubt. M. Hal openeth the matter to M. Cornwallis, and with­all what he durst do, they were both as it pleased him to beleeue thē, but I thinke he departed better satisfied. The next day after, Sir Ierome Bowes hearing al places ring how M. Hal should die the death, gaue him warning care­fully to looke to himselfe. The xxviij. day M. Iohn Wot­ton gaue M. Hal notice that Francis Mallerie and his brother had it in talke, with secrete fire in his lodging to be reuenged on him. The xxiij. of the same moneth M. Hal went out of London, and safely came to Grantham to his house. The xxij. of Ianuarie he returned to Lon­don, [Page] and the xxvj. of the same woorde was brought him, that M. Mallerie had caused Edward Smalley, Iohn Ni­cholas, and Iames Chambers, at new gate Sessions to be in [...]ited for drawing theyr swoordes in the Churchyarde on him, the law beyng that therfore they should lose their eares. The xxiiij. of the same moneth M. Mallerie supte at the Popes head in Lomberdstreat, where were M. Cot­ton and other Gentlemen, and many marchantes of the towne, as Thomas Wilforde, Richarde Smith, Henry Sherland and other: he began to fall to his old bya [...], with lyke wordes as you haue hearde heretofore, alledging he had heard Hal was periured, but he would not say he was a periured knaue, with spéeches as some séemed soundly to herken to, so M. Wilforde as one not forgetting (tho now professing merchandise) that he came from the bloud of gentrie, coulde not allow of such vngentlemanly wrongs, and therefore very roughly replied against M. Mallerie, a part more commendable than common, among men of his Cote, who I haue found oftener readier rashly to be­léeue euill reportes of a Gentleman, than deliberating in­differently to iudge of the truth. The xxx. of the same mo­neth M. Hal was dryuen to trudge to stay the procéeding against his men for theyr inditemēt, for M. Mallerie fol­lowed it with hoate suyte▪ he repayred to the court to my L. of Leicester, to whom he reported the daunger his men stodde at, and craued his letter to M. Fléetewood the Re­corder of London, that fauour might be shewed therein, the case be [...]ng very harde, the whiche my Lorde most ho­norably and willingly performed, and thereby the matter was a whyle stayed. The vj. of February M. Hal arre­sted M. Mallerie vpō the action of the Case, for his slaun­derous reportes, and Mallerie hauing aboute him a poc­ket dag charged, deliuered the same closely to one Warde a Sergeant. Smaley the next day hearing hereof, came to his Master with the newes, who presently resorted to the Coun [...]er in Woodst re [...]te to the sayde Warde, and moste [Page] earnestly and curteously desired to see the dagge, whiche at the first he denied he had, but the slanders by vouchyng the contrary to him, dogge fashion he consented, but an­swered he would not shewe it. M. Hal, went to Anthonie Gamadge, an occupier of linnen clothe, then Sheryfe of London, finding hym in his shoppe in Cheapeside by the ende of Soper lane, to whome he declared that M. Malle­rie caried dagges in his hose to murder him, as himselfe did report: how M. Iohn Wottons man two dayes past sent him [...] that Mallerie had watched him in the night diuerse times to mischiefe him, how Warde the ser­gēt had the dagge yet charged deliuered him yesterday by M. Mallerie. With much ado Gamadge sent for Warde, (I Maister him not, bycause in Norfolke I know his pe­degre) who brought him the dagge: him selfe founde it charged. M. Hal desired some order might be taken there­in. I thinke in my conscience rather to haue Mallerie troubled, than for any feare he had of the matter, but all was one, for he had a colde answere of our Lōdon Sheryfe, yet suche a one as he muste be contented with.

The xxj of February M. Hall was at Guyldhall to see the ende of Malleries action agaynst Smalley, and with him M. Roger Townesende, M. Frauncis Wood­house, and diuerse others, till which time M Mallerie had deferd for the triall, bicause he would haue the Iurie fal in that parte [...] Cheapeside, where his father did before his death dwell, for so is the maner of the Iuries in London, that they serue by turnes, yet the number not being full, it was for this time dashed. The nexte day againe they came thether: M. Mallerie brought for his counsell M. Brom­ley the [...]. Solyciter, M. Wéekes, & M. Fuller: and Sma­ley had for him M. Daniell, M. Maltas, and M. Kitchin: the issue was, Quod transgressio per Edwardum Smaley facta fuit ex iniuria propriae, whiche he did denie it read as the maner is to the Iurie appearing and called good men and true, as M. Cryer sayde: M. Fuller firste began to speake [Page] to the matter, and very earnestly charged M. Hal with malicious and implacable dealyng, with suche a desire of his owne will to be satisfied, as he cared not for the casting away of fiue hundred poundes if he might pur­chase the same: howe he came to Wormes, how he hurte M. Mallerie, how still he followed the reuenge with an Italian mynde learned at Rome (altho M. Fuller neuer came in Italie and lesse at Rome, neyther yet was euer ac­quaynted with M. Hal, and therefore as blinde men be to be borne withal if they committe an errour, so M. Ful­ler speakyng for his clyent is not wholly to be condem­ned,) tho M. Hal was neuer named in the Nisi prius, neyther touched in the recordes: M. Recorder aduised M. Fuller to go to the matter and not to tarie vpon the decla­ration of Hals disposition▪ After Fuller followed M. Soli­cyter, not with vaine spéeches, and as very learnedly, so no lesse grauely and discretely: thē were deposed for M. Mal­lerie in his behalfe, his owne Seruant, and one Thomas Hewes: his man alledged that thrée of M. Hals men were vpō him and his Master, how Nicholas drew first. Hewes coulde say little, but that he sawe them togither and M. Mallerie hurt. Eglestone a Goldsmith also being sworne, affirmed he sawe thrée men vpon his Cousin Malleries man (for so he called him) and his Cousins chéeke hurte and [...]ing on his shoulder. Of the contrarie parte were [...] honest and worshipful Gentlemen, who stood by & aduis [...]dly marked the whole fraye, M. Roger Towns­ende, and M. Frauncis Woodhouse afore named: theyr free hold which in the common Law of England is in such [...] much respected, is large, and yet not so large, as their [...] theyr vpright dealings, whiche among al men is in othes to be most accompted of: they auouched that as­soone as Iohn Nicholas M. Hals mā had passed M. Mal­lerie, that he drew his rapier & dagger, & bad his man draw his sworde, before Nicholas had his weapō out, & that they dealt certaine blowes togither b [...]fore Smaley came in & yt [Page] with such daunger to Nicholas, as they thēselues loked he should haue bene mischieued. Further of Malleries hard vsage of Hal as is recited before, the Councell argued the matter to the Iurie, who went togither, and M. Hal & the rest to dinner to the horse head in Cheapeside, where there dyned M. Townesend, M. Woodhouse, M. Frauncis Leake, M. Drake, Iohn Crouke, and I my selfe: at the sitting downe to dinner M. How the goldsmith came in, who had hearde the matter past in Guilde hall, saying he was [...] the Iurie would giue great damages: where­with M. Hal demaunded with what conscience they could do it, if they considered theyr euidence, the maner of the acte, and the condition of the persons betwéene whome the action depended: euery man spake his iudgement, not be­ing of M. Howes opiniō. In fine, they grew to particular [...], what would be awarded to M Mallerie, and M. Hal gaue Howe a Portegue, he to returne two for it if they condemned Smaley in lesse than lx. pounde, if aboue he to haue it. This tyme M. Mallerie rested in Guylde hall, for two causes, one to sée the sequele of his matter, the [...] he dur [...] not come forth, vnderstanding that M. Hal had layed to arrest him agayne for the action of the case of more wordes: duryng whiche time Thier the foreman of the Iurie came forth, enquyring for M. Mallerie, who was not found, for he had hid himself for feare of arrest: he [...] Richard Mallerie his brother, walking with [...] in the hall, which one Guy toke exceptions too, bycause the verdite was not giuen vp: Thier goes in a­gaine to his fellowes, and presently they gaue vp theyr verdite, which was, Smaley must pay a hundred poundes for damages, and [...]ij. peace for co [...]tes. Guie brings this newes to M. Hal at the horse head, and with him M. Ed­wards the goodman of the house: whereat who rages now [...] the matter in dugion but M. Hal, who exclames [...] and well spoken of [...]iends the Londo­ [...], [...] now repents of the defences to his abilitie he [Page] hath made for them in all places, where any thing was spoken to theyr rebuke: who now condemned himselfe for standing so much in his owne conceyte, to beléeue well of theyr good willes to him and his: who now finds that the paying of xxv. in the hundred in vsurie, and more than is reason gayne in a yarde of silke or stuffe, did make hym haue so many Caps, and fayre countenances but he? and yet must I needes confesse, that in al his choller and heate he acknowledged himselfe asmuch bounde to some Mer­chantes within the walles of London, as any Gentleman euer was, allowing many to be worshipfull, graue, and wise Cytizens. Well what will you haue more? the kyll is a fire: the nexte day M. Hal gettes him to his foote­cloth, & trottes to Grayes Inne: there he desired M. Kit­chin to shew M. Sergeant Louelace who was at the rea­ding in the hall, that he was desirous to speake with him about the businesse in hand, who vnderstanding betweene whome it was, refused to be of Counsell therein, for that M. Mallerie had made him priuie thereto before, and de­sired that he would be assistant to him: then to the Tem­ple goes M. Hal, & confers with M. Anderson what now is best to do, beyng not so carefull to saue the money his man shoulde pay, as desirous to Crosse M. Mallerie, and to make him recken therein without his host. M. Ander­son did meruayle at the excessiue damages that the Iu­rie [...]ounde, and aduised that [...], whiche no way liked M. Hall, alledging that it was impossible to touche them with periurie, who shoulde be tried by theyr neighbourly peeres, and that he coulde not finde any pre­sident in the lyke, whereby any hope was to be had: agre­ed it was, [...].

[...] M. Anderson [...] to Guildhall, there sitting Sir Iames Hawes then Mayor, Sir Lionell Du [...] ­ket. Sir Rowland Hayward, & the [...], be alledged diuers [...] poyntes wherein erro [...]r was co [...]mitted, also the [...] with Richard Mallerie, [Page] wehrevpon iudgement was stayed. The nexte day after, the Mayor, diuerse of the Aldermen, and the Recorder sit­ting, M. Daniell and M. Kitchin moued the Court for stay of iudgement, and so was it graunted till the firste day of the Terme following, with crauing heede to be ta­ken for amendment of the Recorde, whiche by M. Recor­der, and M. Seabright the towne Clerke, was willingly and perfectly graunted. The firste of Marche M. Mal­lerie w [...]nt to the Court, and vsed very harde reportes to my Lord Chamberlayne, then the Earle of Sussex, and now also, of M. Hall, whose sounde and honorable iudge­ment is not caryed away sodenly to déeme euill of any Gentleman with the affectioned minde of an aduersarie. The nexte day after M. Mallerie went but to the hyest, opening his griefe to hyr Maiestie howe lewdely he was [...], how violently layed to, how vnable to reuenge the iniurie offerd him, how empouerished in purse, and dam­nified in person, moste humbly desiring hyr highnesse of Iustice, and not to graunt hyr pardon to M. Hals men, who stood [...] indited as you haue hearde: hyr Maiesties [...] was, that he should haue Iustice, and that she neuer was hasty in pardoning, neyther néede he feare the same. This tale must he needes deliuer also to my Lord Threasorer, my Lord Burley, to the whiche giuing good eare, as his maner is to all suyters be they neuer so meane, no vsuall thing to men in his place, he tolde M. Mallerie he was sory if all were true he tolde him: and I surely thinke he woulde so haue bene, for how tenderly he hath alwayes loued M. Hal in his youth being brought vp in his house at Schole, how carefully he hath fauored hym beyng [...] seruaunt, and what bountie he hath vsed towarde hym, since he preferred him to hyr Maiesties ser­uice, all the worlde knowes.

The ix. of May M. Mallerie arrested M. Hal in West­minster with a byll of Middlesexe for hurting hym at Wormes. The xviij. of May 1575. at the Sessions at [Page] Newgate was M. Mallerie and his man indited vpon the Statute, for drawing weapon in the Churchyarde. The tenth of Iune M. Sergiant Harper, and M. Sergiant Manhood Iustices of the common pleas came downe in­to Guyldhall in London, where the recordes were redde, and found by Smalleys counsell to be amended. The xiij. of the same moneth M Hall went to M. Seabright the towne Clerke, and founde him selfe grieued for the men­ding of the Recorde, who made answeare that the Mayor with charging wordes commaunded him to do that which he did, whiche was that whereas there was no mention in the Recorde, that Smalley did appéere in the Mayors Court there, by himself or his atturney, that he should put in his apparance, for that forsooth M. Hodgeson Smaleys Atturney confessed he had receyued his fee, therfore. The xxij. of Iune the Iudges came agayne to Guyldhall, and sat aboute the errours, appoynting the first Fryday of the next Terme, for the further procéeding in the matter. The viij. of September M. Mallerie died at the signe of the Antlop in Smithfielde, he forgaue M. Hall, yet with con­fession that if he had lyued, he would haue bene reuenged; he departed well leanyng to the olde Father of Rome, a dad whome I haue heard some say M. Hal doth not hate. In Nouēber folowing William Huyt the seruant of M. Andrew Mallerie, taking the administratiō of M. Mel­chisedech Mallerie [...] goodes & cattels, by the aduise of his Master, altho, Francis Mallerie & an other of ye brothers were appoynted by the dead man, executors, sued the re­cognisance which was knowledged, for the following of ye writ of error with effect. The xxv. of Ianuarie M. Harper & M. Manhood came downe to Guildhal, & there according to the first verdite and iudgement giuen by the Recorder, whervpon the writte of error was brought, they procéeded with the like, so ye Smaley must pay 104. poūd ij. shillings, the ouerplus of which summe, it being aboue a 1 [...]0. poūds & xij. pēce giuen by the Iurie at the first, was for charges. [Page] The iudges appoynted that a warrant shoulde be made out, for the attaching of Smalley, it retornable xv. dayes after, during whiche time if he coulde not be mette with, Huyt should haue out execution against the suerties, who were as you haue heard M. Henry Gilbert, and M. Richard How, both very sufficient men for an other maner of summe. During this time wherin Smalley shuld be foūd, M. Andrew Mallerie with tooth and nayle followed the execution of the iudgement, for drawing in the Church­yarde, mounting that if he coulde not preuayle therein, yet at the least he hoped that the terrour thereof would make Smaley absent him selfe, and so at the terme appointed for the attachment of him, there shoulde be returned a non est inuentus, whiche was his desire, knowing very well that the suerties would make ready payment of the condemna­tion: for thus much you must take with you, altho Wil­liam Huyt seruaunt to M. Andrew Mallerie, were the administratour of M. Melchisedech Malleries goodes and Cattels, yet was the matter wholy followed by M. Mallerie. The reason why Huyt tooke this office on him, was, that the benefit of this money had, it should be payed ouer as best pleased the deceased Malleries brothers: for that I thinke his wealth was not great nor hardly of suf­ficiencie to answere his debtes. The iiij. of February M. Hal brought to the Towne-clerke a Cerciorare out of the Kings [...] to remoue the Inditements of his mē, wher­by they were stayed till the next terme, intending that if there were a pardon at the Parliament, they would be di­spensed with. M. Hal found M. Seabright very willing to do what he might by law, and accordingly dealt therin, not sending the Inditemēts vp. The vij. day M. Hal sent Smaley and Chambers to the Counters to put in a Ca­ueat that he was of the house, therefore that none of his men shoulde be arrested, and also wrote by Smalley to M. Onessey Clerke of the house, for a writte of priuiledge for him, who returned answere he coulde not do it, till he [Page] were arrested: M. Mallerie on the other side for the In­ditements, hastes the case so, that the former helpes may not serue, and for not performing the firste course taken, a fine of xl. pound was set vpon M. Seabright, wherefore a newe way muste be had. M. Hall hyes him to Grayes Inne & to the Temple, where the viij. of the same moneth by his counsell it was concluded to trauerse the Indite­ments, and presently to put in the same, wherin was vsed speede inough, and so was this gappe stopt, and M. Malle­ries labour lost: during this Smalley had bene at the Counter diuerse times, & demaunded whether there were any processe out against him, none was founde. The very same day the Parliament began, of the which M. Hal was a Burgesse for the towne of Grantham, whereof we haue talked oft: the nexte day after Smaley goes to Guild­hall, and takes with him Mathew Kyrtleton his Masters Scholemaister, and then not seeming they were of know­ledge one with an other, Smalley walked vp and downe in the hall, & Kyrtleton goes to the ordinarie place where M. Mosley one of the Secondaries of the Counter sat, and sayd, if you haue any processe against Edward Smal­ley, yonder he is, attache him, for I am M. Malleries friende: nothing was done in the cause, for in truthe, the warrant was not yet out. The nexte day beyng the laste day of the returne, and that by two a clocke, Smaley sent to the Counter, to heare of this warrant, all was whusht, at Westminster all the Courtes rysing, it was deliuered by the yonger Mallerie to M. Mosley, who seyng it re­tornable, in a maner within two houres after (quicke speede pretended or not to finde they looked for expected) sayed how may I do any thing with so small [...] warning? M. Mallerie answered, returne non est inuentus, quoth he, that can I not do, for I see the partie euery day before my face, well this man must be sought, who would be found, and that for two causes, one, some small hope he had, (tho [...]is learned counsell [...]ad tolde him the contrary, as M. [Page] [...] ▪ and [...] Iudges of the Lawe) that the pryue­ledge of the Parliament woulde discharge him, if they would vnaduisedly attache him: the second, beyng great­ly desirous to shewe himselfe honest towarde his sure­ties, knowing that he should not long lye in pryson, if his Maister were able to prouide the money: aboute one a clocke he goes into the Counter in Woodstreat and de­maundes againe after this warrant, where one of M. Mo­sleys men sayed, his Master would speake with him, he an­swered he would anone goe to him. Mosleys man cōming out of the gate, called Grace a sergeant to him, and sayde, sée you yonder yeman going in the redde hose with his fel­low in the gréene cloke? hee answeared yea: will him (quoth hee) to go to my Maister, for thether he muste: Smalley tolde the Sergeant hee woulde willingly goe, & so they three (the third being Iames Chambers M. Hals man) went to M. Mosleys house, where they comming be­fore him, he thus began to Smaley or in such like wordes. What doest thou meane fellow to rotte in pryson, and to lose thine eares? if my hap be such (quoth he) I may not do withal, I would not haue my suerties troubled: wilt thou then (replyed Mosley) yeelde thy self prisoner, and discharge thy suerties? Chambers hastely answeared no, that he should not: whereat M. Mosley was offended, and there­with followed Smalley, and sayde, he would not so do. M. Mosley perswaded him to sue to Mallerie for agre [...]ment: [...]e answeared, he had so done, and caused it to be broken to the Iudges, and that they did make no ende: Mosley then cōmaunded the Sergeant to the arrest, bidding him shew his mace, the Sergeant demaunded wherefore, M. Mosley gaue him the warrant and read it, which done and Smal­ley arrested, Mosley tolde him he was now in a good case, to rotte in pryson and loose his eares: The Iudges were this afternone to heare what was done touching the laste proceedings, and therefore Smalley as a prysoner was had in Guyldhall to attend the comming of them. M. Hal [Page] came also thether, and tolde Mosley; that he had done his man wrong to arrest him, he beyng of the Parliament, who séeming sory therefore, excused him self by ignorance, and that hee woulde not haue so done for I can not tell howe muche, if hee had had notyce thereof: M. Hall alledged that he had sente to the Counter to declare the same, one of his owne menne beyng in the office when it was done, and one Thomas Ulmes an officer also. He perswaded talke to be had betweene the Malleries and M. Hall, they beyng in the place, but greate harte woulde not suffer the parties to meete, for betweene cur­tesie who shoulde beginne, prowde menne looked one on an oth [...]r, till the Iudges came, who sette, the prysoner was brought in, M. Mosley declaryng the exceptions Hal tooke that his man was arrested, and desired some ende, bycause he was lothe to haue the matter brought in que­stion in the house, confessing that Smalley did not wil­lingly yeelde him selfe: the administratour was demaun­ded for by M. Harper, who not appearing, Andrew Mal­lerie answeared, he had his Atturney, and him selfe was he, M. Harper asked whether he woulde take execution or no, breathing a whyle he sayde, if he shoulde refuse it he had no remedie, and therefore he must accept it. M. Man­hoode moued some ende betwéene the parties, alledging that the cause was motioned to them bothe before this, for that purpose: M. Hall sayde that he remayned the man he was, and did condiscende thereto, so that they woulde very shortly deale therein, M. Mallerie also a­greed, prouided that Hall shoulde not proceede touching the liberties of the Parliament in the meane tyme. The next day was appointed for ye hearing, in Sergeants Inne in Chancerie Lane, of all matters touching this question, and were compromitted to M. Iustice Harper, and M. Iustice Manhood. Smalley tooke vp his lodging in the Counter in Woodstreat: accordyng to appoyntment the parties mette in M. Sergeant Harpers chamber, [Page] Andrew Mallerie bringyng with him his brother Ri­chard: where M. Hall laying for himselfe the excessiue da­mages the Iurie ga [...]e, and the benefite of the Parliament whiche he meant to trie, withall the meane estate of his man, the partie also being dead, perswaded consideration to be had, and the inconsiderate largesse of the liberall Iu­rie, to be mitigated by the iust and conscionable dome of so graue vmpeers: M. Andrewe Mallerie did aggrauate the hurting of his brother, his often mol [...]station by ar­restes, his charges in the suyte, the great delayes therein, the daunger Smalley and his fellowes stoode in for the Inditement, the aduantage was had for the breach of the recognisance, not omitting the question might be made for the death of his brother, who died within the yeare after his hurt: many speeches paste what woulde be giuen and what accepted. M. Hal came to a hundred poundes, for the ending of all controuersies, tho for the death of Mal­lerie he made no rec [...]ening, neyther yet tooke any care for the Inditement. The Iustices moued M. Hal to a [...] and twentie pounde, and woulde willingly haue had him [...] to a hundred and ten pounde, which he refu­sed, laying therfore that the whole condemnation was but a hūdred foure pound and two shillings. Thus time spent and nothing done: the Chamber court brake vp, till the [...] M. Hall looked whether his offer would be accepted, & that mornyng brake the matter of arrest to M. Robert [...]el the speaker before he wēt in, who willed him to mo [...] the house thereof, which at his comming in he did. It was agreed he [...]houlde way till the companie were ful: shortly after M. Hal tooke this master in hande, declaring as much [...]: wherewith [...] Grant the sergeant, and Huyt should [...] before them the nexte morow: According to [...] Sergeant attended, but the other not: M. [...] that the Sergeant was [...], [...] had arrested Smalley [Page] by Mosleys commaundement, declaring worde for word the whole matter, at the coūter, and in Mosleys house, as ye haue hearde. There were appointed by the house, sir Nicholas Ar­nold, sir Owen Hopton, and Sergeant Louelace committées to examine and searche out the whole dealings of the cause. After dinner, the two knightes came to Maister Louelace his chāber in Chancerie lane at Sergeāts I [...]ne, the place apoin­ted for the conference, wyth whome was also Maister Hall. The speaker sente to the Committées, praying them to come to his chamber, whiche they did in the Temple: there they founde hymselfe, Sir Wyllyam Winter, mayster Popham a Lawyer, and mayster Roberte Snagge: maister Mosley confessed hee had caused Smalley to bee arrested, and layde nothing for himselfe, but that hee knewe not M. Hal to be of the house: it was answered him, he ought to take notice there­of hymselfe, it was proued thereby Thomas Ulmes one of the Counter, that Iames Chambers had before the arrest gi­uen knowledge at the Counter of the same: Mosley for­ced muche that Smalley yelded himselfe, yet was it proued that he demaunding him the same question, hee aunswe­red he would not: bycause there was some speeche of cante­lous dealyng in the matter, and that not wholy clearyng M. Hal to suche as are more curious to spye a moate in an other mans eye, than a greate blocke in their owne, and will not sticke to spende greate time to defame men with vntruthes, and no peece of an houre to consider their owne wantes. M. Hall declared to the Committées howe hee hadde sente to the Counter worde of his beeing a member of Parliament, had caused Smalley to repaire with his letter to the Clerk of the house, for a writte of priuiledge, howe after the arreste hee was content to put the matter to comprimise, and offered a hundred poundes. where the whole condempnation was but C.iiij. pounde .ii. [...]. how six pound more had whisht all, how after hee staied from the .xi. of the moneth, wherein no order was taken, till the .xv. of the same, aspecting some good ende, and giuing the Malleries tyme to breathe sufficiently: The Speaker and maister Louelace verye desyrous the matter [Page] shoulde be talked of againe the next daye, and the rather by cause the Malleries were not nowe there, but shoulde haue warning against that time, and prob [...]e shoulde be made for a­greement, tho vnwillingly maister Hall agreed thereto. Ac­cordingly in the Speakers chamber, where met M. Hopton no more of the committees, there were M. Popham, M Dal­ton, & M. Ploden, who was no parliament man. Master An­drew Mallerie and his brother was moued to agreement: The speaker offeryng him fiftye pounde, but not hearing on that syde, with determination to declare to the house their doings the next morning, the company seuered. In the morning in the voyd place before the Parliamēt dore, M. Hopton, M. Ar­nold, & M. Louelace called M. Mallerie to thē, who would haue no lesse than a hundred pounds for ye execution, and the other matters, to determine as law might: Hal wold none of that, to the committees laboring in vaine, deferre the cause to the iudgement of the house, yet such billes were in hand, as there was no conuenient time to make the report. The .20. day M. Louelace declared directly to the house their whole doing tou­ching the arrest, whervpon M. Hal folowed, crauing conside­ration of the cause, alledging that if the Queenes ordinarie seruants, souldiors in garrison, men with protections gran­ted from the Prince, had greate freedome from arrestes, whiche no man coulde denye, howe muche more shoulde [...]he members of that house haue priuiledge? And wheras it was vrged of some, that it was against lawe to deliuer a man of an execution, and therfore the partie therin coulde not be de­liuered, but that the playntife shoulde be punished by impri­sonment. Hal declared that that was no sufficient mendes, saying, that one might make a letter of att [...]rney to an abiect in respect of the arresting of diuers knights and burgesses of the house vpon statutes, which are executions of themselues, to which they must obey, leane their countrey vnserued, and the worker therof to bee imprisoned a small penance for so greate a fault, no recouerie to the partie wronged by the of­fence, nor sufficient punishment to the carelesse preferrer of his owne priuate profite before the whole and vniuersall be­nefite [Page] of the Common wealth. Maister Comptroller, sir Ia­mes Crofte repug [...]d Halles speeche, M. Recorder in verie auncient presidents, wh [...]ri [...] he is [...]el seen, hauing red much, stoode fast for the liberties of the house, maister Frauncis Al­ford, master Sentpoole, mas [...]er Binb [...]g, Maister Nidigale soundly followed on. What moued him I know not, onlesse some report brought him, M. Hall should vse of a neere mere frende of his, whiche as I haue heard Hall protest most assu­redly, hee neuer thoughte of, so are they better ouerslipped than put in writing: M. Speaker desired leaue to shewe his opinion, which graunted, he aduised the house to haue regard to their doing, and not to proceede to the discharging of an execution against law, which if they should doe, the Iudges would rule them ouer, which he shuld be loth to see. M. Bric­ket replyed to him, saying, yt they wer not to be ruled [...]uer by any in those cases, but others to be directed by thē. The spea­ker wold haue had the matter deferred, which would not be, thē he moued, whether M. Hal shuld depart the house, bicause he seemed to be a partie, ye most were of opinion yea, and so he went forth. The question was put whether Smalley should be deliuered of his execution or no, the yea was the greater, yet must the house be deuided, and so was it found. In the af­ternoon M. Hal went to ye speaker to the Tēple, with whome he found no body but [...] Hal his man: and among other talk, praying his man might be deliuered, he told him that he mer­uailed that he delt so extraordinarily against him, as to craue leaue to speake in ye preiudice of ye priuiledge: he semed to be moued therwith, and said he had done no more thā he might, which he wold do, and that M. Hall did not well so to take ex­ceptions to him▪ He aunswered, he had not seene the like be­fore, and therfore toke it vnkindlye. With this M. Bowyer the Sergeant came in, and had M. speakers man goe out M. Speaker affirmed, that M. Louelace, had fauorably repor­ted the matter, and not as it was, whyche if it hadde faln out for hym to doe, the consequente woulde haue ben other wyse. In [...]he, he could take no order for the deliuerance of Smalley, forasmuch as the maner how he shuld be discharged [Page] was not determined in the house, but aduised Maister Hall to moue the Parliament of it, and he should be heard, confes­sing that Mallerie for his wilfulnesse, hadde well deserued to loose his execution, if it had ben muche more. Hall offeryng hym so largely. The nexte day Hall called vpon his mans busynesse: there were appointed maister Saint Poole, may­ster Recorder, maister Sackford maister of the Requestes, maister Bromley Atturney of the Dutchie, and master Ro­berte Snagge, to meete at the Rolles in the after noone, and to make searche howe the iudgement of the house shoulde be executed, whether by writte, or by the mace wyth the Ser­geant. Accordingly maister Bromley made reporte of their trauayle, alledging they coulde fynde no president, where a­ny were deliuered by writte vppon an execution, but vppon arrestes dyuers. It was agreed, the Speaker should directe a warraunt to my Lorde keeper of the great seale, Sir Ni­cholas Bacon, to make a writte for the enlarging of the pri­soner, and that maister Hall should goe to my Lorde, and bee sworne, that Smalley was his man. After diner, he atten­ded at Suffolke place where my Lorde laye, of whome my Lorde demaunded what his mannes name was, who was in execution, Hall aunswered, Edward Smalley: the booke being held, my Lord asked hym whether he knewe Edwarde Smalley or no? which he did: whether he were his man or no? whiche hee was: Howe long? Three or foure yeares: whether he was attached before the Sessions of the Par­liament or since? Since was sworne. My Lorde very hono­rably vsed maister Hall, and hade him farewel, who present­ly repaired to the Speakers chamber at the Temple, whom he found at Supper, and with him maister Sandes, mayster Norton, Parliament men, maister Onsley the Clerk, & ma­ster C [...]nisby: Hall told the Speaker he was sworn, whervpon he directed master Onsley to make a warrant to be sent to the Chancerie for the writ to discharge the arrest: Onsley requi­red master Hal to send him a note of the procedings therin, by the which he might the more particularly pen it. The notice giuē to the chācerie for this writ, Hall sent by Iames Cham­bers [Page] his seruant to master Di [...]ters office, who denied he had any president in the like case, yet with him repaired to master Garth, also a Chauncerie officer, to whome this matter was french, not beeing acquainted at any tyme with the like, he sought out maister Couper, who durst not deale in so extraor­dinarie a cause. To my Lord keper he goes, who answered he was not to receiue messages from the house by any body but by the speaker, and willed that he shoulde come to him. The next morning Hall made relation to maister Speaker, what had bin done, who determined to go to my lord himself at the rising of the house, and so he did. My Lorde desired certayne words more to be put in the warrant, which the speaker sa [...] he would put too in the after noone. The Speaker deliuers Dyster the warrant, which being broughte to my L. keeper, his lordship presently directed two letters, one to the Cursita­ries of the Chancerie, & an other to the [...]x Clerks. The xxvij. of the same month: (for these actions frō day to day, and dayly for the most part now continued.) The Speaker declared to the whole house, what hee had done, and the Clerkes of the Chaunceries answer to the L. keper, how there was no pre­sident to be founde among them in that case, wherewith Hall found himselfe grieued in his mans behalfe, saying, the At­t [...]rney of the Dutchie, who was a committee to searche the Recordes before knew that well inough, and that the Spea­ker did determine that cause, wherby the delay [...] was greate: the Speaker replyed, and sayde, It was not well done so to charge hym: for he didde nothyng but what was determined by the house, which Hall denyed. Master Nidigate wished the liberties to be preserued▪ Sir Francis Knolles Treasorer of hir Maiesties housholde, maister Comptroller, and Sir Water Mylde may agreed as muche, yet aduisyng recom­pense to bee hadde. Maister Popham and mayster Norton could not brooke that executions should be dispensed withall▪ Sir Henry Kneuet vnripped parte of maister Malleries be­hauiour to maister Hall [...] consideration to be thought [...], for that Mallerie dyd [...] touche Hall, for speeches in that house, as you haue hearde before, & place not meete to be tab­bered [Page] [...] [Page] of the execution he [...]huft be [...] continue with the serge­ant til further deliberation. Accordingly he was brought to the barre, but not by the sheriffes, for they seemed to good to execute that office, two sergeāts serued the turne: and as you haue heard it decreed, so was it done. M Recorder ran harde on that string, that Smalley should yelde himself, yt he should cautelously deale, & indirectly with that place, praying brea­thing in the matter, and tho they had passed in the cause (as is recited, yet they shold not doubt vpon good occasion to reuerse the iudgement they had past, producing a president hapned in a Parliament wherin he was, which fel out in a bil for ye Uintners of London. It was so, yt they labored for a statute to passe touching wines, whiche was to be red & argued in the after noon on the Saterday: Many of the Parliament were that day at diner feasted by them. Their good chere ended, to counsell they goe: Bacchus spake in the parliament (as ye se­quele doth declare) for his ministers ye Uintners: what more the lawe had free passage. It was but a dare betweene, as master Recorder said, a Monday morning they found a fault with their Saterdays after noone work, and made no bones aduisedly to dash that which [...] Uinteners good chere had vn­ad [...]sedly caused them to [...] late a sat [...]rday: this tale and [...] no [...] Cōmittees were appointed for the examination of the ma [...]ter, and recompēce to be had to Mal­lerie: The whole counsell of the house▪ who were Maister Treasorer, M. Comptroller, sir Thomas Smith, and mai­ster Frauncis Walsingham Secretaries [...]ir Raul [...]e Sadler Chauncellor of the Dutchie of Lancaster, [...] Walter Mild­maye, my Lorde Russel▪ sir Henry [...] also with them Mayster Hatton, Mayster Louelace, their place of meeting was the Checker Chamber, the time, the seconde of the next Monethe, whiche was the Wednesdaye after: The Spea­ker by [...] we not [...] of the house, [...] he deliuered from the Sergeant vpon M. Halles words for his foorth comming, whē he shuld be required, it [...] consēted to Tha. [...]. of March in ye [...] by what meanes [...] I haue enquired [Page] of, who wer sir Owen Hoptō, sir Nic. Arnold, sir Wil. Win­ter, M. doctor Wilsō master of ye requests, M. Pophā, M. Col­by, M. Croke, & M. Norton. In ye a [...]ter noon in ye escheker chā ­ber came togither, maister Tresorer, M. Mildmay, M. Hat­ton, Sir Henry Kneuet, sir Nic. Arnold, sir Owen Hoptō, sir Wil. Winter, M. Louelace, M. Wilson, M. Pophā, M. Col­by, M. Croke, M. Norton, & toward ye euening, M. Comptrol­ler. Hal declared vnto thē yt he marueled to see so many cōmit­tees in the cause wherin he was a partie, & they to be named without his cōsent, he specially toke exceptiōs to M. Norton, who was wel plesed to depart. But M. Mildmay told M. Hal ther was none there wold be ruled by him, wher vpō he kept his place: In the beginning of Hals spech to the cōmittees for the appoyntyng of them, one with some choler saide hespake not truly. A hard word (you know) among some precise ga [...] ­ders in forain places & sufficient, as you haue seen it, to make Hal far forget himself: but proceding, he declared the occurrēts betwene M. Melchise [...] Mallerie and him, whiche he did but lightly passe ouer, b [...]cause he was dead, & so cōming to ye dea­lings, since he deliuered thē, as you haue herd thē mentioned, & therfore I think it nedlesse to repete thē again. M. Andrew Mallerie folowed vrging his brothers hurt, his charges, his a­restings his death, denying part of Halles allegations, prote­sting Smalley was arested agoinst his wil, forcing cautele & fraud at lest to be in him, if not also in his master, at whom he glanced diners times, with terms might wel haue bin left, as M. Mildmay & M. Wilson did aduise him. The Secondaries of the two Coūters, M. Mosley, & M. Christoffer, were exa­mined vpon their [...], apart, some of the sergeāts, Mosleis men & others, also Smaley, who vpon ye interrogatories con­fessed, he knew Kertleton, that he was his masters scholema­ster, [...] he was willing inough to be arested, bicause he wold haue his sureties discharged: he was demaunded whether M. Hal was priuie to the Scholemaisters doings & his or no in [...], wherto he asked whether they wold haue hym ac­cuse his mayster, answer of sufficient importance to bring suspition of hym, whether hee had bene a partener in the [...] Mildmays and some others, verye [Page] honorably cōfessed it should be extraordinary proceeding: and therefore dealt no further therein beyng very late, a­boute seuen of the clocke are they rose, they deferde theyr finall resolution what they would awarde Mallerie till the next morning, which they would agrée on in the Trea­sury chamber, at theyr rising. Hal was very inquisitiue of some of the Comittees who were most his friendes and contraries in the matter, and was certified more than I would he had bene, and more than I will put in wryting. Tho nothing were done but with wise and graue conside­ration, the vnkindnesse was and may be conceiued, can do no good, I saw him enter into the chamber: the Cōmittees vpon earnest talke from whome some wordes were ouer harde, which might be wrested to be spoken of great affe­ction against him, he followed M Hatton to the Courte, shewyng him, that he gathered there were some stiffe on the behalfe of Mallerie that he forced not of the money, that he would caste away fiue times asmuch, rather than his enimies (so terming the Malleries) shoulde enioy any thing. A charitable man to make a Bishop of, that himself was cause he had put the matter to comprimise, that he re­posed his confidence chiefly in him & Sir Henry Kneuet, as well he might, to whome he was most assuredly behol­ding, praying him in what he might, to withstand and re­strayne the liberal giuers away of his Coyne. In the mor­ning in the Treasury chāber by M. Treasurer, M Comp­troler, M Mildmay, M. Hatton, M. Hopton, M. Kneuet, M. Winter, M Wilson, M. Louelace, M. Papham, M. Colby, M. Croke, and I thinke Sir Nicolas Arnold, Hal and the Malleries were called in, where M. Treasurer declared to them that it was agreed, Hall shoulde pay a hundred pound to the Administrator of the deceased Mal­lerie, betwene that and the beginning of the next Terme. He and the Malleries to release all matters touching the sutes betweene them. Hal intemperately sware he would neuer performe the same, alledging that some of the Cō ­mittees [Page] were not indifferent, neither agreed on by him, and being demaunded who they were, he tooke such excep­tions to: he named Sir William Winter, M. Wilson, M. Popham, M. Colby, and M. Croke: he willed to yeelde his reason, which was, bicause they were agaynst the matter, when the house was deuided, he sayde they woulde not in theyr dealings but cōfirme their owne opinions. M. Win­ter found him selfe most grieued, saying, Hal was not to rule his conscience, tho he were a better man than he was, comparisons be hateful, but if betternesse may go by wor­thinesse in all respects and Hal be his owne iudge he will giue no place to M. Winter tho he be a Knight, M. Wil­son to whom M. Hal hath alwayes singularly bene behol­ding, and E conuerso the other to him as far as his smal ha­bilitie and good will could stretche, was much misconten­ted that he shoulde be named among the reste, to whome Hal sayde, that he would committe a matter of far greater importaunce to his handes. But for asmuch as in priuate talke betwene them, he was so much agaynst the dischar­ging of the prysoner, he woulde not haue admitted him a iudge in the cause. Well the matter was grieuouslye taken, and thereof complaynte (some sayde) they woulde make to the house: by the aduise of Sir Henry Kneuet, and M. Hatton, muche agaynst Hals will, the money shall be payde. Whē the Malleries saw that Hal was entreated, they sued also to be at libertie, and that they should leaue all things as they found them, the Malleries pleased as I think, tho they made face otherwise, Hal almost mad for anger, diuers of the Committees disquieted, some to the Parliament, others to theyr owne busines departed. The vj. of March M. Wilson with vnloked for speeches of M. Hal, and his friends, cōsidering the friēdship had bin be­twene thē, inueyed in the house hardly agaynst him, how he had very warely charged the Cōmitters, and that there appeared great fraude & cunning in his mā, whose word [...]s did importe, that his Maister was the procurer and Coun­celler [Page] thereof. M. Winter, M. Snagge with others shotte their shaftes into the same hole, M. Treasurer as indifferēt bare him self, M. Mildmay, M. Hatton, M. Colby, and M. Alforde and others directly impugned Wilson & Snagges allegacions: it was ordered, that Hal, Mallerie with his Councell, & Smalley the next day in the afternone should come to the house: as it was appointed, the parties appea­red. Hal being within, and the others attending without, after a bill or two redde, M Snagge called on the matter, Hal desired that the house might be [...]ull, and that as di­uers inuectiues speeches greatly to his reproch had passed in the same, he might cleare him self before as great an as­sembly, or els be condempned of all crauing further, that the Committées of the cause might be there who were best acquaynted with it. As the request was reasonable, so to my thinking it was not refellde, for they turned to other billes: shortly after came in M Cōptroller, M. Mildmay, M. Sadler, & M. Hatton▪ M. Snagge must needes on with his chace, the abuse of the place was horrible, consultation must he had, resolution determined, and iudgement giuen. The speaker stoode vp, saying it was very conuenient to know, whether Hall and the Malleries would stande to the awarde or no? Andrew and Fraunces were called to the barre, Andrew besought the house he might be at li­bertie, yet rather then that cōpany should conceyue amisse of him, he and his brother condescended. Hal being also demaunded of his determination, required first to be satis­fied in two poin [...]es, the first whether it was ordered, that he should chuse three or foure for the Awarde, & the house as many: It was answered no, tho I know he was, and I thinke is of an other opinion, the second why without his knowledge after the first Committees named, there were more put to them, that the speaker and some other denied, I suppose of ignorance. For true it was neuerthelesse, he agreed to performe the Awarde, if they would so wishe it, tho earnestly he desired the contrary: it was set downe the [Page] Malleries and Huyt shoulde release and discharge all bondes, controuersies, and questions, dependyng vpon the first quarrell and this great action: That Hall should enter bonde in two hundred markes in Recognizance for the payment of a hūdred pound the first of the Terme fol­lowing, M. Sergeant Louelace, and M. Recorde [...] were the men shoulde sée this done accordingly. M. Meredith of the Temple (a man whome I neuer hearde speake before) foorthwith called out for the abusing of the house: his earnestnesse was great, his thrust to punishe abuse much, whiche if hee regarded onely without affection, sure he deserued commendations, tho small thankes of M. Hall or his man, for bothe (as hee affirmed) had couenously, fraudulently, and cunningly dealt with that Councel, and therfore he requested sharpe penaunce for such misdemea­nour. M. Hal stoode vp to haue answeared hym: but sit­ting betweene Sir Iames Harrington, and M. Leyton, they plu [...]te hym downe, aduising hym to let others firste speake, who were in hande to cast licour in M. Merediths fire. M. Gente of the Inner temple was at hande to put dry water to encrease the [...]ame, and M. Frauncis Al­forde was ready at one instant with cleare running wa­ter to suppresse the inconuenience was lyke to grow The question grewe who was vp firste, Gente alledged, he was he, and woulde not lose his aduauntage, clayming the prerogatiue in the same case, De lana caprina was the contention, he had it. Do you remember the inuectiue orations that passed betwéene Tullie and Cateline, thankes be to God the matter was not so great, Gente is Cicero, Halles man muste be an example, (woe be to hym, for so it is sayde) his Maister muste not passe frée by his motion, yet so good he was to hym, that some dif­ference shoulde be had, and lighter hande layed on hym than the seruaunt, whose faulte was not venyable: M. Comptroller with no lesse grauitie than good conscience, and as muche experience as yeares coulde giue, aduised [Page] no further procéeding: the more to perswade: he brought foorth the dealings of considerate Princes, who hauing what is conuenient to be obtayned, be not to scrupu­lous of needelesse consequences: he had no sooner done, but with the reste of the Councell Master Hatton and others of the house, hee departed to White hall to the Lordes aboute a Commitee. At whiche tyme M. Hat­ton wisshed M. Hall to procure the cause to be stayed till theyr returnes: Sir Henry Kneuet was very full, whose good minde might not broke (as he tooke it,) suche harde measure he dealt, not as a changelyng, one day in one sorte, and the nexte in an other, but as you haue hearde, denied punishment of the Seruaunt, and much lesse of the Maister in the beginnyng of his speeche. The Speaker woulde needes put a question, whether Hall shoulde auoyde the house or no, away hee muste, lette hym hereafter take heede of speakyng agaynst Lon­don minstrelles. Master Harrington and M. Leyton dyd hym no good, staying the vtteryng of what he meante to speake as you hearde: for after he neuer had conue­nient occasion for the purpose. M. Winter had not bene at Anticyra, hys choller and melancholie was not purged, the fayling of his voyce was shewe sufficient of the af­fection of hys minde, many woordes to aggrauate the matter, some ordinary as in suche cases, but some other­wise, auouchyng that Hall as the day before in the af­ternone was at Arundels at dyce, and therfore the house abused, in that it was there reported hee was sicke, whiche as hee had of heare say, as him selfe confessed, so did he roue at randone.

Further comming to bryng in question, how Malle­rie was hurte by Halles man, he wisshed the Maister al­wayes not to commaunde that acte to be done by his ser­uaunt, whiche him selfe durste not doe, Durus sermo, and specially of his mouth, who as he is knowen to be of [Page] sufficient courage, so ought not to cōd [...]mne a Gentleman of pusillanimity who he neuer tr [...]ed, for his wordes can no lesse importe. M. Fraunces Alforde whome M. Winter had touched in parte of his tale, for saying M. Hall was sicke the day before, desired the answearing of him, in whose speech M Snagge did somewhat intermeddle, but as M. Alforde lackes no sufficiency in his arguments he deales with, so hath he audacitie answeareable to deliuer his opinion maugre interruption. He charged M. Winter that his spéech did declare his affected minde him selfe also, for the zeale to equity and fauour to his friende. M. H [...]ll did offende in the same kinde by his owne open confessiō: he disswaded the punishment, he aduised al men to suppose that one Gentleman durst do asmuch as an other, that of all others M. Hal was not to be touched for any collation, laying downe his large offers and direct vsages: his man as little, in séeking to discharge his suerties, a parte deser­uyng prayse rather than misdéeming that ye officers should themselues haue looked not to touche any belongyng to that assembly, that the administrator should worthely lose his execution, for volenti non fit iniuria, if any wrong was done he was the cause of it. M Norton and many others were of contrary minde, perswading the punishment of the Scholemaister, who is named heretofore: M. Sent­poole, M. Digges, M. Dannet, M. Iohn Talbot & others followed M. Alforde, especially for cléeryng M. Hall and the Scholemaster, and also left not that parte of M. Win­ters tale vnansweared, wherein he made mention of the hurting of Mallerie. M. Beale tooke of his cōscience Hal was guilty of the fault: before they came to the question, it grew very late and darke, being past seuen of the clocke: many would haue departed, the dore was kepte by com­mandement of the Speaker Sir Owen Hopton. M. Bric­ket, and M. Dalton moued eyther an ende to be made of al those causes sith the money should be payde, or els to de­ferre the whole till the house was full, they would not be [Page] hearde: wherefore they all standing with more disorder than I must touch so graue a Councell with: the Speaker presents two questions, the first, whether Smalley should to the Tower: thether must he: the secōd whether Kertle­ton the Scholemaister must drinke of the same cup or no, the iudgement was doubtfull, the diuisiō of the house was desired: but whether latenesse, lacke or wil was the cause I know not, with many discontēted minds, it is ruled ouer that the yea was the greater, I am sure the Clarke coulde not see to enter iudgemēt, diuers of M. Hals friends came to him, he beyng without at the dore, finding themselues greatly grieued with the euents, and at theyr wits endes, what direction to appoynt: wherewith (I shall not forget him) he repeted two verses vsed by Aeneas in great extre­mitie, the one Troy al in flame and past hope of recouery, and the other in extreeme hunger and misery happened in his search of Italie, Vna salus victis nullam sperare salutem: that is (quoth he) for me. For you Durate & vosmet rebus seruate secundis. He yeelded them great thankes whose fa­uors so liberally vsed toward him, did answeare more con­tentement thā the aduerse hap misliking: he was aduised to make vertue of necessitie, to yeelde when as there was no other remedy, he first lamented to be euill spoken of in that auditory, hauing by his large offers shewed sufficiēt­ly the small regarde he had to a hundred pound to be iniu­red by the deceased Mallerie, and that in so hie a degree, his man wounding hym to be so deepely condemned, consi­dering the euidence, the debt grew of nothing disbursed, to be payde to an administrator, whereby no penny to Malleries creditors should be answeared, that being dis­charged of the execution by the house, and consenting to pay a hundred pound, for the quieting of al causes, his two men should be cōmitted to the Tower, that he and others requesting but time to haue the company full, coulde not obtayne so reasonable a sute, that the dore was kepte, that the house might not be deuided beyng desired, and that (as [Page] he sayde) it might be termed op [...]s tenebr [...]rum, being in the afternone, & wāting time to enter ye decree. These sp [...]eches passed from him with great heate, saying he would dryue out one extremitie with an other: he seemed to be touched at the quicke, protesting he was not able to beare the op­probrie his cont [...]aries woulde in corners spreade abroade: he séemed to make light of ten times the value of the mo­ney, tho it were not his ease to pay it, & so great accompt of the recited premisses, as it was told him by them that wi­shed him well, that a Princes hart with a poore mans ha­bilitie was an ill medley, that cōtinuall kicking wil make the backe ake, & many enemies bréede disquietnes, takyng leaue one of another, in the Palace, he plucking his hatte about his eares mumbling the olde wiues Pater noster, de­parted. M. Hal had scarcely entred his owne lodging in litle Woodstreate, but the Sergeants man was there to summon him, Smalley and Kertleton, tomorrow to be at the house, to whom answere was made, they were not Do­mi. Hal gaue commaundement to his folkes to denie his being at home if any came to enquire for him: the next day in the afternone the same case was againe argued, wherin M. Comptroller, Sir Henry Kneuet, M. Hatton & others fauorably moued for M. Hall and his people▪ it was sette downe, Smalley & the Scholemaster must to the Tower, but shortly to be deliuered: that the Sergeāt should leaue worde at Hals house for the bringyng in of the parties, & if he neglected the same, to proceede with further consulta­tion accordingly, Sōmonance were giuen the day folow­ing, no man appearing from Hal: they tooke in very euill parte, among whome M. Louelace thought he was much abused, declaring how long he wayted for him to acknow­ledge the recognizaunce, and to see the order of the house performed betweene the Malleries and him, 500 markes fine by his consent is litle inough to be set on his head for this contempt. A great cantell to be cut out of so small a lose as Halles is: that he should by Parliament be disabled [Page] for euer to be of that Councell▪ a harde Censure: but mo­tions be no lawes, if they had bene, nether would the losses haue bene irrecouerable, nor the wounde past helpe of sur­gery. Agreed it was, that once againe warning should be left for these hiders of themselues, and if they woulde not be seene, the house should proceede to iudgement. The day after M. Hall was perswaded by many of his very good frendes to procur [...] Smalleys appearance, which in no case he would be brought to, & till he was charged that he gaue his worde for his forth-cōming at al times when he should be demaūded, also that his imprisōment should be no lōger thā during the Parliamēt, he stoode too wilful in his own determination, yet answering those two poynts that he vndertooke for Smalleys appearance. So the vij of this moneth, at which time iudgemēt was giuen against him, vpon the Sergeants notice, he brought him to the house, & there attended the rising thereof. And for his short impry­sonment, he doubted (as the sequele declared he had good cause) affirming he would neuer haue condescended to the Awarde of 100 pound, but for ye shutting vp of al questiōs. In the morning M. Recorder brought a bil into the house, wherein it should haue bene enacted, that Hal should pay the 100. pound, & to be turned out for a wrangler, for euer be [...]ng member of that assemble. But multa cadunt inter po­culum supremaque labra, for at that very instant worde was brought Smaley was at the dore. Yea quoth M. Recorder, I thought of some suche matter, for I gaue knowledge to Mistres Hall of this geare this morning, I doubted not but she would sende hir mā, I mar [...]ell how he could hit so right, but as women be vaineglorious, so can they not a­bide such an infamy to fall to theyr husbandes, & he doub­ted not but that M. Hal was (as some wiser men than he are,) content many times to be aduised by theyr wiues. Smalley brought from his Master a letter to the house, which being deliuered to the Speaker, he brake vp & red to him self, after openly, & well taken, saying he had thought the direction had bene to him: I cannot thinke the Spea­ker [Page] so vnaduised, but somewhat he meant thereby whiche I know not, the Copy therof followeth, worde for worde.

To the Parliament house the seuenth of February. 1575.

RIght honorable and worshipful my duty m [...]st humbly remembred toward you al, I [...]am right sory being a member of you, who [...]aue bent my poore good will towarde the [...]ruice of my country among you in all [...]outh and plainenesse, that vpon opinion [...]ceued of me, otherwise than I haue giuē [...]ause in knowledge of my selfe, haue pro­ceeded against me, as a [...]tranger, and not with that fauour as a mem­ber of such a body might in good eq [...]itie haue loked for, which hath forced me sore to my great discōtentation to withdraw my self till a time of better fauour, ass [...]ring your honors and worships al, that if my cause h [...] hi [...] heard and iudged in a f [...]l courte, in the presence of the chiefe of the committees, who were absent, I should haue abid­den your vttermost sentence euen to the losse of al that I had. Had I vnderstande that euery s [...]nal error of mine is made an heyn [...]us of­fence, as the exceptiō against certain of the cōmittees, for wāt of their good wils towards me, is accompted a derogation to the aucthoritie of the house, and m [...]ch impayring to their worships and cred [...]t [...], an ex­positiō truly very harde, and in trouth cōtrary to my meaning. And wheras by the entreaty for the deliuery of my man I am growen in suspition among you, and by some in apparant speeches made pertaker of his frau [...]: i [...] procuring his owne execution: what so euer is con­ceiued of me I assure you al it is without cause, as both my offer may w [...]l declare before I moued the house for his priuiledge, which was a hundred pound, wherof are witnesses master Iustice Harper and Mā ­hoode, is wel is knowne to Master Sergeant Louelace, as also my wil­lingnesse since, to submit my selfe to your orders for the parties satis­factiō: of absenting my selfe I pray you consider no otherwise than as of one, who is much greeued of your offence conceiued of him, and as one that can not endure the continu [...]l herd speeches brought to mine eares, much sounding to my discredite, as also to see the imprisonmēt [Page] of my seruauntes, for whose liberties I would haue bin contented too haue paide so deare. I might iustly haue loked for some consideration in respect of the great iniurie offred too my name and credit, whereof the quarel first grew, as on the other side, for a blow giuē without my knowledge god is my iudge, sore against my will. But in al, I submit my selfe to your honors wisdomes, as one who is most desirous of your good opinions and fauours, and wish you good successe in al honorable proceedings. VVritten this seuenth of Februarie. 1575.

Your honours and worshippes to commaund Arthur Hall.

THe messenger was called in, was committed to the Tower there to lie a moneth, & then to be deliuered if his Master did in the meane time enter bōd for the paymēt of the 100 poūd, if not there to remaine til the money were payd, if the day expired when it should be answered or the bonde not acknowledged before: also M. Hal must pay the Sergeant, M. Bowyer 40. shillings for his paines aboute these affayres. Here some of M. Hals frends touching this imprisonmēt reckened without theyr hostes, which he for­got not to lay to theyr charges, swearing by no beggers, yt if he had knowē so much, he would haue biddē the extremi­tie of al. I do not recite the particuler arguments in these two daies, the ix. & x. of this moneth, bicause they are but to the purpose you haue heard in the other disputes. Hal not wanting fauor [...]rs, tho he had many oppugnants, the xv. of the moneth Hall sent one of his men to the Tower to speake with Smalley, which was denied him, wherevpon the day after he willed him to repayre to the Speaker to shew the dealing of the Leuetenaunt. M. Bell answered, the prysoner had wrong to be close kept, sith the iudgemēt was not according. The xix. of the same moneth Hal sent Iames Chambers his seruaunt to the Leuetenaunt to de­clare he maruayled his man should be so straightly impri­soned, his answeare was, his vsage to be very good. His Master could not speake with him, but if he would write, after the cōtents were séene the letter should be deliuered. [Page] The xxvj. he went himself to the Tower, Sir Owen Hop­ton not being there, the prisoner could not be spoken with. The xxviij. M. Hal seekes out M. Recorder, who aduised to pay the money presently or to put in sureties for the same, for I tel you the Shreues of Londō, who now seeme to haue interest in the matter, bicause Malleries admini­strator had no stake to sticke to if Hal had denied paymēt. But they would not I deeme, take a Gentlemans single bonde, neither would M. Recorder but vse them to theyr best liking. The next morning comes M. Mofley to Hal & he perswades the like, but more than couenaunt wil not be performed. Wherfore in the morning Squyre & Hal goes to Doctor Clerke in Pater noster Rowe, where he know­ledges a recognizaunce of 200. markes to the administrator for the payment of one hundred poundes the first of the Terme following: the same day for the good seruice the Scholemaster Kertleton had done, he was discharged his seruice, wherat Cecill Hall his masters sonne was no whit discōtēted. M. Hal also in the afternone rides towards his Country home at Grantham, leaues the recognizaunce in his seruaunts Iames Chambers handes to be deliuered to Huyts vse, & to receyue the Releases accordingly, loking for the deliuery of Smalley at the day preffred: vntill the viij. of Aprill he was posted ouer frō one to another, to M. Recorder, to M. Mosley, &c. And bicause Andrew Mallerie the agent of all these causes will not be founde, tho Hall haue performed the decree, yet for his pleasure his man is like to lie longer than his time by the heeles: other of the Malleries were spoken withall, who directly answered, that if the case were theirs, they would make no releases, Hals insufficiency considered, without a good suerty to performe the money. Speeches not so much to the discre­dite of him as to the whole Parliament, whose cōsideration did inhable him for the same. Chābers repayred streight to M. Cōptroller, declaring to him ye vsage of this matter. The ix. day of April the Recorder came to M. Comptroler, who willed him to frame a letter in the names of himself, [Page] M. Treasurer, sir Walter Mildmay, & M. Walsingham, to be directed to the sayd Recorder, wherevnto they would set theyr hāds, the contents whereof to be, That whereas M. Hal had performed the order set downe by the house, & knowledged his recognizance, & the time expired of his mans punishment, he should make certificate to the Lieuetenāt for his deliuery. M. Comptroller also he cōmaunded that the recognizance should be takē to M. Recorder, he to keepe it, till Huyt & the Malle­ries had passed the releases, to whom answer was made, that by his former appoyntment it was left wt M. Richard Litler his néere neighbour & Hals Attorney. Chābers attēding on ye Recorder, he will haue the recognizance inrolled, els nothing shalbe done, which should thē haue bene in force against Hal, & he to seke for his releases backe, which he forsaw, giuing his man cōmaundement in no case to parte with his bonde with one hand, but to receyue the discharges with the other: which to do, there was time inough, for that the Recognizance was knowledged the xxix. of March, and the moneth came out for Smalleys imprisonmēt after the shortest reckening, the vij. of Aprill, dayes sufficient to ende a greater cause. Chambers sent with spéede for his Masters pleasure touching ye deliuery of the recognizance to the Recorder, which he gaue him war­rant to do, and offering the same, it would not be receiued, til the releases from the Malleries were performed: nether yet wil any certificate for thenlargement of the prisoner be had, so must M. Hal be vnkindely hādled, pay well, his man against iustice lie fast, beside being laught at by his enemies in theyr sléeues, the iudgement of that high Court of Parliament con­tempned. Chambers retornes to M. Comptroller the Recor­ders answer, praying the deliuery of Smalley, that the reco­gnizance might be in the custody of the Leuetenant, till Huyt & the Malleries had ended what was to be done on theyr be­halfes. M. Comptroller allowed of his mocion, & willed him to repayre to M. Treasurer for his opiniō therein: he appoin­ted that the Recorder should come to him, who hauing know­ledge accordingly: answered he had letters from my L. Trea­surer as he had in déede, & therefore could determine no time: [Page] further yt vnlesse the Malleries wold come in & discharge the Sheryues, or els that Hal did put in sufficiēt suerties for the payment of the money, the prysoner shoulde not ve enlarged for any mās pleasure. A sore speech, but, stet pro ratione volun­tas, I thinke must be alledged as the best reason for such pro­céedings. When thus much was brought to M. Hal, I heard hym say: that at M. Recorders hands he alwayes loked if not for fauour, at the least for equitie, and that he had well deser­ued the same. M. Recorder can tell whether he sayeth truely or no, yet thus much for mine owne parte, with good testim [...] ­ny I can proue, that Hal hath not spared his great good spée­ches like a friendly Gentleman in the cōmendations of M. Recorder, against the inuectiue (I thinke slaunders of diuers lauishe tongues. The xxiij. of Aprill M. Treasurer sent the Recognizance to sir Walter Mildmay, desiring him to deale with the Recorder therein, who the nexte day hauing worde, went to him, Andrew Mallerie and Huyt his mā were sent for by a pursiuant, and with them the Secondary and Squyre came: M. Recorder was or would be sicke, the matter debated a whyle, M. Mildmay commaunded Chambers in, tolde him the day of payment was at hand, that the Recognizaunce be­ing in the Malleries handes would with difficultie vpon the payment of money be cancelled, that also charge would grow thereof, and therefore perswaded Donari contanti, which he ex­cusing, M. Mildmay demaunded some to gyue theyr wordes to the Malleries for the more assuraunce, whiche he coulde not do without his Maisters directions, vrging still perfor­maunce according to the order in Parliament. M Mallerie coulde not be contented with a Recognizaunce of M. Halles as it was decreed, but muste haue his minde satisfied with the infringement of the resolution of that place, and what so­euer cōmes of the rest, his quietnesse must be prouided for for forsooth he doubted further trouble: nothing done, Cham­bers was willed to proue a day or twoo for prouision of the money, whiche if he could, he would not haue done, without commission thereto: he therfore might haue played Colepro­phetes parte if he had pleased, one of the xxiiij. orders, and told [Page] his message before he went aboute it. The recognizaunce M. Mildmay kéepes, and Chambers goes aboute to see if he can finde an hundred pounds in the streates, or meete with some one wil giue him so much M. Mallerie hath Smalley faste & the bonde no doubte if the worst fall will at length be payde, (tho it tarry long) spite of all M. Halles debts, for yet he is a free holder. The viij. of May God be thanked the money is reddy somewhat before appoyntmēt with harde shift inough: for beggers without daunger of lawe cannot haue money when they woulde: before sir [...]ater Mildmay it is by Huyt & the Malleries receiued, the releases performed, a warrāt for the prisoner to goe play him selfe signed by M. Mildmay, the whiche nowe the Recorder firmes with William Fleet [...]wood, the ix. of the same, paying xij. pound to the Leuetenaunt, M. Hals cosen, without dayes giuen, and other charges b [...]sides of xliij. shillings and ten pence, he was turned forth. [...]nd by­cause he ha [...]h song in so worthy a Gayle, his Mast [...]r thought him not meete to chaunte in so m [...]ane a Cadge as the beste house he is like to haue, so that now he may, beyng Sommer, learne a new note in the gréene fields Here haue you the end of this great cause thu [...] far, to the excessiue charge of M Hal one way & other, trouble of Frendes and minde, and slaun­derous reporte among such as know not the truth, and ther­fore to the more preiudice of his simple reputation. My excuse I made to you at the beginning, and I nothing doubt of your good accepting of my well meanyng, if by accident or other­wise than I desire or hope, this priuate certificate hap to the handes of any who be offended for not beyng soothed, beare malic [...] for being contraried, thinke vnkindnesse bicause they are not cōmended as other quarrel bicause I wrote the truth, or for affection sake can daunce nothing but theyr owne gal­liarde. I must thus answeare, that I haue wronged them for naming any person in this manner particularly and not put too my name, your selfe knowes my stile (simple God wote) and therefore neede I the lesse to auoyde further question (if my letters should be intercepted) to set to my hande, Contra verbosos nolo contendere verbis, I loue no disputatiō but where [Page] I may learne, Quoniam senex esse volo, citò si possem e [...]o, olde I must be or die yong: And therefore will I yeelde ouer to the yonger to play with the worlde, who carelesse hope with vn­certaine likyng for great things, while I with regarde to my whyte heares comming on with cōtentement am glad to en­ioye mine owne small porcion: for my paynes, I craue no thankes of any straunger, neyther yet of M. Hall him selfe, whose good partes I muste of force confesse I do vnfaynedly loue, for the rest I am sory, and remayne with his enimies in one predicament for the conceyuing of his wantes, but dif­fer in desire with them towardes him, bycause I pray the a­mendment, which I doubt not of, and they gape for his ouer­throw; whiche were pitty if my request would come to passe: I wishe truth to be reported in all causes, whiche if it had bene, I had saued this labour, for at my beyng at Killing­worth in the beginning of Aprill laste, where what greate company were assembled, what liberall cheere spent, what familiar welcome vsed, and Honorable consideration of all sortes had, I referre to them that know what is incorporate to that house since it came into the handes of hym that now hath it: There I say I sawe M. Hall by his owne brother in lawe M. Henry Skipwith, by M. George Holte, M. Iames Cressey, and others who loue the man well, so loden with e­uil fame and opinion yt went of him for the premisses herein recited and that vntruly, as of myne owne knowledge I am assured, that I pitying the case, determyned at the last with you who tenders him, not to suffer so vniustly his credite, (tho small) to be so wildly tyred on, with my old and accusto­med well thinking, and praying for you, I leaue you.

Your Frende no chaunge­ling F. A.

[...] haue obtayned for you my place in the common house of Parliament, for the increase of your knowledge, you growing to the worlde and I from it: I thought to bestowe a few lynes vpō you, tho I had long since yelded my pen to be quiet, my abili­ty to write being decayd, which ne­uer was great, and my memory alway bad, now in a ma­ner grown to litargie: wherin to lay before you, as wel as I could, such aduises as to folowe I haue founde profita­ble. But considering mine owne wants, I withdrew my selfe frō my determinatiō. Yet minding, with whō I shold deale, whom I should counsel, to whom I shoulde sette a­broade the shewe of my experience, in good houre I hope I proceeded herein, for straungers will take thankfully, what is don by others of a good meaning for their behouf, and muche more children, that whiche is done in the same kinde by their parents. I suppose it not needelesse lightly to runne ouer (as I can call to minde) by what Lawes this Realme of England hath beene gouerned, where altered, where cleane abrogated and others confirmed, which laste of al is your Parliament, whereto I meane to come. Wee alow the report of Brutes arriuing & inhabiting this Ile the yeare of the worlde after the most writers.Brute. 2855. before the incarnation of Christ. 1108. He builte London, cal­ling it Troynouant, wherein he stablished with the name, the Troyan Lawes: what they were I finde no recorde, but that King Alured about ye time of Christes birth, 872 did gather the same Lawes together, and translated them in­to english. But for ye religiō, it seemed he followed the Pa­ganisme then vsed through the whole worlde, as a greate number of yeares after it did continue. Til the 441 yere before the comming of Christ, this lande was ruled, nowe with law and now without lawe, bycause of the ciull dis­sention [Page] therein,Mulmuti­us. at which time, Mulmutius Dunwallo, or Dunwallo Mulmutius chose you, the sonne of Cloten Duke of Cornewayle, by strong hande bringyng the new righte called Lawe Moluntine, which graunted great priuileges to Temples, to plowes, to fayres and markettes, and too the way leading to them, prohibiting men to bee troubled for any cause in the same, the wars among themselues had so wasted the subiects, as liberty and freedome muste, nowe bring people together againe, to ioine in a newe corpora­tion of frendship. And to exclude al feare, he pardoned most freely al offences past. These ordinaunces did holy Gildas about the yeare of Christ. 543, translate oute of Brytishe into latine: & Alured as afore about the. 872. out of La­tin into the English:Gurgun­stus. Gurgunstus of some Gurguintus, ye son of Belinus, before Christ. 375. was ye first (it shold seme, that imposed death and losse of lim for transgression,) dyd also grieuously punish the peace breakers. Quinthelinus his sonne married a noble gentlewoman to name Martia, who erected certaine decrees of gouernement whiche were called after hir Martian Laws, Martia. brought likewise into Eng­lish by king Alured, leauing thē the little Marthehelage asmuch to say, the law of Martia. Lucius (it is said) the eight yeare of his raigne,Lucius. of Christ [...]88. (some smal controuersye there is of the time) was christened, Eluthrius being Bi­shop of Rome, and counted the first christened King of this Iland, of the most credible writers, tho some woulde haue Aruiragus 138. yere before to haue ye preheminence, aswel by the preachyng of Simō Zelotes one of the (disciples of Christ here martyred and buryed, as by Ioseph of Ary­mathy who had Mutryn now Glastenbury, his place appoin­ted of habitation, sente hyther with twelue disciples by the Apostle Philip then preaching in Gaul nowe Fraunce, too sone to come to Christ, onlesse we would felowe him bet­ter. Lucius was very timely, cōsidering the late repayre to him of many nations, nerer the plat of his birth and pas­sion, whom I would recite, but I haue digressed too long. [Page] Lucius set to Eleutherius, desiring him he might haue the imperial and Romaine Lawes to guide and gouerne his countrey, who retourned him this answere: As touching the rightes of the Churche, and seruice of God whiche you haue receiued, they must remaine alwayes one, vntouched, the policie for ciuill rule may bee abrogated and altered as occasion shall serue: you haue the booke of the olde and newe preceptes, the Bible, with the aduise of your kingdome, make a Lawe, thereby to gouerne your subiectes. Here some will say was your first Parliamente, and the verie originall thereof, whyche I no way can agree to: and the cause hereafter I wyl shewe you. Lucius, died wythout heire: for the space of fifteene yeeres or more all wente to hauocke,Seuerus. tyll Se­uerus the Emperour discended rightlye from King Lud, toke ye gouernement vpō him about the yere 208. some ac­count lesse, the Romaines seldome quietly, but for ye most parte to their excessiue charge and trouble held the domy­niō,Constan­tine. til the death of Cōstātine the yere .445. then neglec­ting the same as a country not worth the keeping, who lea­uing behind him Cōstant or Cōstantin for his simplicity in his fathers time shorne a monk at Winchester.Vortiger. Vorti­ger alias Vortigern, of some the Duke of West Saxōs, of other the Duke or Erle of Iewesses, who after were called West Saxons, toke him out of the Cloyster, and crow­ned him king, whome yet hee caused to bee murdered the first yeare of his raigne, so that for those. 240. yeares few laws were made, and fewer executed. Vortiger vsur­ping or being chosen king the, 448. yeare, so continued but a while in rest, for not onely his nobles, but the Pictes and Scottes layde so sore to him, that driuen to extremitie, he sent into Germany for the Saxōs and Englishmen to aide him in his waxres, not only against the forraine enimye, but his owne people, promysing too them habitation, whiche hee might well spare, the land being in a manner wast by the meanes of the great mortalitie by pestilence, the Scottes and Pictes inuasions, and the ciuill slaughter. [Page] Their request was accepted, & Horsus & Hengist brought hether certain souldiers Panims by whose valure Vortigers contraries were tamed: by the continuall repaire and floc­king hether of those straungers, the inhabitaunts were put to the dore. For before the yere of our Lorde 1498, there were three kingdomes erected by the Englishmē and Sax­ons, the first of Kent by Hengist, Hengist. the second by Hella & his three sonnes, of the south Saxons, comprising Deuon­shire and Cornewal, Somersette and Southery, or rather Hampshire for Southery (according to the more probable writers) The third of east Angles by Vffa, cōteining Nor­folk and Suffolke. These broyles being no time for lawes or letters,Arthur. but for fier & bloud, Arthur ye son of Vther Pē ­dragō was crowned king of Britayne, tho a greate part (as you heare) were takē frō him. The yere, [...]16. he fought twelue greate battayles with the Saxons, in all the which he put thē to the worse, yet coulde he not auoyde them the Land,Cerdicus. neyther yet so subdue them, but that Cerdicus the fifth yere of his raigne began the fourth kingdome of west Saxons, which consisted (as I gather) of Worcester, Dor­cet. Wiltish▪ Stafford, and those western partes adiacent. Aboute the yeare 547. the two Kingdomes of Northum­berland, that is the fifte and sixte principality of the Sax­ons toke roote.Ida. In ye one, called Breuitia, Ida first had rule. In the other called Deira, Ella. Ella was gouernor. These two kingdomes had in thē the countries frō Humber northward to the Scottish sea, and continued somtime vnder one king & sometime vnder two. The yere 586. the Britains were driuē into Wales, & presently the Saxons had the domi­nion of the whole lande: At whyche time was the Chris­ten religion thereby extinct, and not thought on but amōg the Britaynes in Wales.Sebertus. After some, Sebertus leader of the East Saxons 614 gaue first beginning to that king­dome, and had in it Essex.Penda. Not long after Penda the Mis­creant the yeare 626. made the kingdome of Mertia, who gouerned Huntingtonshire, Hertfordshire, Glouc. War. [Page] Lecester,Cadwalla­der. Nottingham, Northumberland and others. Cad­wallader ye last king of Britaine died at Rome the yeare of grace. 656, about whiche time according to some writers, but I thinke rather the yeare, 712. Inas otherwise called Iue or Iew a Christian,Inas. helde the rule of the West Sax­ons He set downe certaine laws, the preamble to the whi­che is this. Inas by the grace of God king of west Saxons, with the consultation and aduise of Kenred my father, Hedda and Erkenwald my Bishoppes, of all my councellours and the olde wise men of my people in the greate congregation of the seruauntes of God, did labour to confirme Iustice and equitie to bee executed in my whole territorie. These particular edictes are not to my purpose to wright: but the firste, intituled Of the manner of the liuing of the ministers of God, toucheth somwhat ye matter, which goes thus: First wee commaunde that Gods ministers doe obserue the order of life alreadie sette downe: and further wee will that to the rest of our people, the lawes and iudgementes bee in this manner: and so goeth on. This also is alleaged for the confirmation of antiquity of our parliament.Egbert. I finde that Egbert, who was an vn­der Kyng in West Saxons, was expelled by Brithri­cus the King there, and fled into Fraunce: but Bri­thricus being poysoned by his wife Ethelburga, Eg­berte retourned, and obtayned the whole principality, the yere 793, others say, 802: and withal brought the most parte of England vnder his obeysance, tamed the Welch­men, and toke from them Chester, by meanes of which his good fortunes, he called a counsel of hys Lordes at Wyn­chester, and by their aduises and agreements was crowned kyng and chiefe Lord of the land: whervpon he sent forth commaundemente thorowe out his country, straightlye charging the people thenceforth to bee called Angles and no more Britains, and the kingdome Anglia and not Bri­taine. In the yeare, 800. some accompte thirteene lesse, the Danes being also Paynims firste entred this region,Danes. ac­cording to the most. The Danes inuaded the seconde tyme [Page] the yere, 838, Athelwolph raygning, who of himselfe first graunted the tyth of corne, Hey and Cattel to the cleargy. And after toke such fast footing, as they continually infes­ted this Iland with cruell wars, vsurpation and conquest, til ye death of Hardicanutus or Hardiknought ye last king of that breed. 1034,Alured. some accompt two sewer, Alured, alias Alphred before spoken, began to gouerne the West Sax­ons, who beyng a most iuste Prince, very wel learned, and carefull for the makyng and execution of good lawes, col­lected and caused to be brought into the Saxon or English tong, al such as by the kings his forgoers were stablished, selecting out of them such as were thought most fit for the gouernement, confirming them, and secluding the rest, re­citing many of the commaundements and precepts giuen by God to Moyses, and the message that the apostles and elders sent to Antiochia, Siria and Cilicia, by Saint Paul, Barnabas, Iudas, and Silas, touching the diuerting of themselues, as we haue it in the Acts of the Apostles, and also by the assembly and conference of the Bishoppes and other noble and wise counsellours, diuers money penalties and others were appointed, and the same not onely decla­red in their sermons, but also put in writing. He proceedes in ye beginning of such as are allowed by him, In haec ver­ba. These decrees and ordinaunces I Alured King haue gathe­red together, and caused to be written, a greate parte whereof, our auncestours haue carefully kepte, with manye other, that I haue thoughte worthye in this our age to be helde and maintai­ned with the like obseruation: & other some which I haue thought not to be so needful I haue with the conference of considerate coū ­sellors in parte abrogated, and partly established. And bycause it maye seeme a pointe of too much rashnesse, of a mans owne heade to adde any thing more, also that it is vncertaine what credite our posteritie will giue thereto, which we make greate reconing of, what euer I haue founde worth the regarde in the Actes of my kynnesman and countryman Inas, of Offa the King of Mertia, or of Ethelbert, the first christened of the Angles, [Page] I haue brought together, omitting the rest. And in the consultati­on of them, I Alured King of West Saxons, haue vsed the coū ­sell of the grauest of our people, to al the whiche I haue comman­ded that the same be executed and kept. Moreouer in this kings time, Gutteron, alias Gowthram alias Gythrun, alias Gurmund, of some named king of Danes, by some king of Denmarke, ariued in this land, and sometime hauing the better in armes, and sometyme put to the worse, was at the last christened, and named by Alured, Athelstane, the yere. 878, to whom he gaue the kingdome of East England with the gouernemente of Saint Edmundes kingdome, and also some write Northumberlād: with whome making league, and agreing in the confynes of their countries, be­ginnes in this manner, The truce & aliaunce which Alured and Guthrun kings haue agreed by the aduise of the wise of the English nation, and of all the inhabitauntes of East England, to the which they not onely for themselues, but also for their children to come are sworne. Edwarde▪ Edward the first before the con­quest called Edward the elder his eldest son, beginning to raigne next after him the yeare 900. made and confirmed also certain lawes, the first chapter wherof is intituled, Of controuersie and iudgement, and goes thus: 1 king Edwarde do againe and againe commaunde all those who beare office in the common wealth, that they beare themselues asmuch as in them lies, iust [...]udges to all men, as it is written in the Iudiciall booke, without feare, boldely and freely, to declare the common lawe, and do appoint denounced daies wherein they will deale in euerye question and controuersie. This Edwarde also confir­med the league with ye fornamed Guthrun the Dane in this maner, adding also to the former decrees by equal cō ­sents, these bee the councels, institutes and ordinaunces, whiche firste Alured and Guthrun, then Edwarde and Guthrun kings at those dayes, were agreed on, when both the Danes and English accepted the treaty of peace.Athelstane Athel­stane King Edwardes eldest sonne, by whose prowesse and valure it is affirmed thys lande was reduced into one [Page] Monarchie againe, and layde so sore too the Danes, that since their first landing they were neuer so harde driuen,) did also constitute certaine lawes and ordinances, begin­ning them wyth these wordes: Athelstane King, by the councel of the graue father Vlfhelme Archbishop, and other my Bishops, do wil and commaunde to al officers, and such as haue charge of Iustice. 1 Athelstane king, giue notice to all put in au­thority in our dominiōs, that with the aduise of Vlfhelme Arch­bishop, and other Bishops and seruaunts of god, haue ordered and set fourth. In the ende of all he closeth with these woordes: These be the ordinances & decrees determined of, in the honorable counsell of Grantamlean, where was present VVolstane the Archbishop, and with him great companie of the best and wisest sorte called togeather by Athelstane. The assēbly parted, the king had enquired how the peace was kept among his people, & fynding it and iustice smally to hys mind delt, in­ioyned more laws to his first, and thus shewes the cause: [...] Athelstane king, will all men to know, that hauing demanded why our peace is not manteyned according to my commaunde­ment & the decree at Grantamlean, I am certefied from the ex­perienced of my dominions, that the same is happened by my ouer­muche sufferance and remissnesse in punnishing. But now at Christ­mas last at Exeter, being attended on with grauewise men whom I found moste readye to venture their facultie, themselues, wiues and children, to most greate hazarde, that these peace breakers might vtterly without retourning be expelled the lande.

Edmunde.The yeare 946. Edmund his brother beganne to rule after him, in whose time the Danes held Lincolne, Not­tingham, Darby, Stafford and Leicester: who also erecting and confirming lawes, shewes this, by whom they were consented on, Edmund King helde the solempne Feaste of Easter at London, where were mette a greate companie of the Cleargie and laity, among whom were Oda and VVolstane Archbishoppes, and many other Bishoppes, to prouide for their soules health, and theirs whom they had the cure of: And in an other place, I Edwarde King to all both yong ond olde in my iu­risdiction [Page] giue knowledge, that I in the solempne assemblie of the best seene of my kingdome, aswel ecclesiastical as temporal, haue carefully enquired, and so foorth.

King Edgar his seconde sonne the yeare. 959,Edgar. was like­wise a lawe maker, and thus entitles them: The lawes whi­che 1 Edgar King, in the freequented senate, to the glory of God▪ the dignity of my Maiestie, and the profite of the common wealth haue past.

Etheldred or Eldred or Egelred the second son of Ed­gar, Ethelred. the yeare, 979, whiche alter a little, who by the mur­der of Edward his elder brother, named ye Martire, came to the crown, in whose time the Danes so entred this lād, as ere they had done, the king fledde into Normandy, and lefte his kingdome to Swanus, the Tyrant Dane, after whose decease retourning, he not long after died: hee also being doing with lawes termes them thus: The councel of graue fathers which king Ethelred, had at Woodstock in Mar­cia for the preseruation of the peace, whiche is gouerned by the english lawes: at the ende of suche perticulers as are agreed on, he concluds on this maner: This our commaundement & decree if any shal neglect &c. He shal pay to the king one hūdred twenty shillings. There was a league made also by the sayd King with the army of Aulavus, Iustinus, and Gusti­mundus the sonnes of Stegetie the Dane, and goes thus: The agreement or part which once or of late king Ethelred by the aduise of his wise confederates with them aforesayde did en­ter in.

His sonne Edmund, Edmunde, surnamed Ironside, parted the Realme wt Canutus or Knought King of Denmark, who being slayn by the treason of Edricke, Canutus enioyed the whole principality: and tho Swanus were the firste Danish King here, yet held hee not the kingdome so abso­lutely as thys man did. Hee made more lawes than anye one before him, which are thus intituled, The decrees which Canutus, king of English Danes and Norwayes, at Winchester at Christmas hath appointed by the aduise of men of knowledge, [Page] to the honor of the God of heauen, the renoume of the kings Ma­iestie, and the benefite of the common wealth. Againe in an o­ther place he vseth these wordes: These are the humaine and lawes politique, wherin vsing the counsel of the wise, I command to be kept thorough Englande. Hee began to raigne alone the yeare of grace, 1019.

Edwarde. Edwarde the Confessour after Hardikenitus the last king of the Danish bloud, 1043. began to raigne: he foūded many holesome lawes, and was the firste erector, as it is written, of the common law, whych VVilliam Conque­ror did after confirme, wherof this I finde. After the con­quest of England, the foresayde King William, the fourth yere of his raigne, by the persuasion, aduise and councel of his nobility, did sommon throughout his land the nobles, the gouernours, the graue heads, and the Learned in the lawe, to heare of them their rights, customes and ordinan­ces, whereof chosing twelue of euery county, who taking their othes before the king, directly, truely, and so forth, to shew & declare the same, they brought the lawes of Saint Edward as we haue them now, and the king established them in that manner.

William ConquerorThe Conqueror hym selfe began to rule this Ilande, 1066, (some recken a yeare more) who also adding certaine ordinaunces in the entraunce, hath these wordes: Here be­ginneth what William king of the Englishe nation, after the con­quest, with his nobility hath appointed to be perfourmed. I reade that Henry the first his sonne,Henry. 1. who gouerned after VVil­liam Rufus his brother, did at the beginning of his raign lighten the great exactions imposed by his father and bro­ther, reduced and amended Saint Edwards lawes, whiche as it should seeme, were eyther forgotten, or would not be remembred, for al the fathers confirmation, or rather shew therof, reformed measures, & apoynted directions to be ob­serued. Aboute the thyrtith yeare of hys raigne hee helde a counsel at Londō, wherin it was thought good, he shold haue ye Cleargy within his censure. Maude ye Emprice his [Page] daughter, first marryed to Henrie the fourth Emperor of Almayne, and afterwards to Geffrey Plantagenet Erle of A [...]iou, the 31. of his raigne, had by hir husbande shortly after a son named Henrie, vpō the knowledge wherof he called hys nobles together, & decreed, that his daughter & the heires of hir body shoulde succeede him in the Kyng­dome. Grafton in the thirteenth yere of this King, in hys Cronicle saith thus: And in this time began the Parliament in Englande firste to be instituted and ordeyned for reformation and gouernement of this Realme. The manner whereof (as I haue foūd it set out in an olde pamflet) I intende at large to set foorth in the raigne of King Edwarde the thirde, when and where Parliaments were yearely and orderly kepte. the whiche I sought to finde, but promise was not kepte. Turning his booke, I founde in his preface to the Reader these wordes. And where I haue in the [...]3 yere of King Henry the firste promised to place the maner and order that first was taken for the holding of the parliamente, in the time of king Edwarde the thirde, I haue sith that tyme for sundry good causes thought meete to omit the same, and therefore admonish the Reader not to looke for it. Hereof iudge you, and if you wyll haue hys reason, he is not far to seke.

Stephen in a manner no sole sybbe to the Crowne,Stephen. the righte heyres being aliue, was by the nobilitye admitted Kyng. In hys time the Emprice by the aide of hyr Basterd brother Robert Earle of Gloucester, the ciuill warres grew great, wherin the King being taken, and who now but the Emprice, as it were confirmed according to hir iust title: she was moued for the restitution of Saint Edwards Lawes, but shee was deafe on that side. The last yeare of thys Kings time, he and Henrie the Emprice sonne, grew to communication and agreement. The King commaun­ded his Lordes to assemble at Winchester, where Duke Henrie was honorably receyued, and there it was agreed he shoulde adopte the Duke hys sonne, and confirme too him the Crowne of Englande after his deceasse.

Henry the second hys follower in the gouernement,Henry, 2. of another [Page] clayme helde a councel at the beginning of his raign at Wallingforde, where the Barons were sworne to the King. The eyght yere of his raigne, he caused all the sub­iectes to sweare fealty to his sonne Henrye, touching the inherytaunce. In the ninth yeare Fabian sayeth the kyng called a Parliament at Northampton, and so termed it, (as also, in some other places he doeth Councels and calling togethers of the Lordes by the prynce) wherin him selfe vouches, nothing was done, but a pretence to reforme and somewhat gelde the preueleges of the Cleargy. The same time a councel was helde at Claringdone, and before the King, the Bishoppes and nobilitie were sworne, to kepe and confirme many decrees and ordinaunces. Iohn Stow writes in his Summary of the Cronicles of Eng­lande, that the 34, of his ragne, at Geldington about ten myles from Northamton he shoulde holde a Parliament [...] touching a voyage to be taken to the holy lande. But if you consider the haste the king made thether, the state at that present he stode in, the place, ye shortnesse of the time, and the matters there communed of, you shall finde that in terming this or suche like consultation Parliaments, Maister Fabian, Stow, Harding, and other English [...] writers do rather vse the worde, as in deede it is proper, where any conference is, than that it carries with it, where it cōmes, the same to be vnderstand to be the greate Courte of Parliament, in such general forme and vniuer­sall manner, as nowe and since the time of Kyng Henrie the thyrde, we haue and do vse it, as you knowe the worde is Frenche, and this much importeth, A debating together, A conference, A consultation, A conferring, An enterspeech, A Communication, A discoursing one with another, which may bee aswel with Ten for the worde, as with Tenscore.

Richard ▪ 1Kyng Richard the first, in the eighte yeare of hys raigne, retourning from the holy lande, his brother Iohn, in his absence vsurping the Crowne, summoned a counsell of hys Lords at Winchester, where by auctority of the said [Page] counsell, [...] ments, and landes, whyche before hee hadde bestowed on hym.

After Richards deceasse he possessed the Crowne,Iohn. and in the firste and thirde yeare by the holding of two coun­sels (as some affirme) hee had certaine exactions agreed vppon, for the maintenaunce of his wars: others write, that of himselfe hee leuied the sayd summes. The eleuenth yeare all men, toke the othes of Allegeance too hym from 12, yeres vpward. The fourthteenth yere (here is some dif­ference for the yere,) the Lordes and Barons required the vse of Saint Edwardes Lawes, and the reuoking of o­ther wicked ordinaunces, the which he (not harkening to the ciuil warre begonne,) yet at Barhamdowne the king and nobilitie meeting, they confirmed so much, as they departed quietly. The sixtenth of his raigne, the king be­ing slowe to performe that which he was brought to per­force, the nobility toke them againe to armes, and so hard­lye sette hym, as in a meadowe betweene Windsor and Staynes in a manner Nolens, volens, hee graunted their liberties: and the Charter for their confirmation thereof, is dated at Rime meade, betweene the places beforenamed, to the which al the Realme was sworne. In the same yere the Lords perceiuing the Kings disposition, to shifte from that hee hadde agreed on, sente into Fraunce for Lew­es the sonne of Philip the Frenche king, who arriuing here, was receyued by the Barons and Londoners hono­rably, who sware fealty to hym, and did him homage, and then al with one crye they séeke oute the king, who being at Winchester, was driuen to flye, whyche towne yeelded & was sworn to Lewes, whether also repayred in a maner al the nobility. For al this sturre, King Iohn procured the Pope by meanes of Pandolphe the legate, to dispence wt his othe, to reuerse the Charter and liberties graunted, and also excōmunicate the Barons and Frenchmen.

Henrie his sonne,Henry. 3. of the age of nine yeres, yong e­nough [Page] [...] Kingdome, and specially during such garboyles, yet by the good gouernemente of Marshal Erle of Penbroke, many of the Lordes drewe to him, and very shortly after Lewes was driuen to leaue the land, and being released of his excommunication, the peace was agreed on the ninth yeare of his raigne, of his age the seuententh, or thereabout. At the motion of the Arch­bishoppe of Caunterbury and other the Lordes, the king graunted and confirmed the greate Charter: whereuppon (as I can gather by some records) the warde and mariage of our children was graunted to the king and his succes­sours: the twelfth yeare the king refused to perfourme the liberties & Charter graunted as before, for that ye ratifica­tion past in his minoritie, and that now being of ful yeres to beare the sway himselfe, hee woulde bee better aduised. The twentith of his raigne is found the first Parliament of name and record, and yet not to be so thought a Parlia­ment, as now we vse ours. It is entituled, The statuts made at Merton. And further he sayes, It was prouided in the Courte of our soueraigne Lord the king holden at Merto [...] the morrowe after the twentith day of Saint Vincent, the twentith yere of the raigne of king Henrie the son of king Iohn, before VVil­liam Archbishoppe of Caunterburie and other his Bishoppes and suffraganes, and before the greater parte of the Earles and Ba­rons of England there assembled, &c, without addition of the thyrde state of this land. Also you haue a statute made the yeare after, entituled for the leape yeare, beginning, The King vnto the iustices of his Bench greeting. The 42. yere, or af­ter some the 41, the barons vnwillingly bearing the kings driuing off for the restitution of certaine auncient lawes, there was a Parliament at Oxforde, which was called the madde Parliament, yet not so mad, but the king his brother king of Romains, and Edward his sonne, must and did a­grée thereto, tho much against their willes, bycause many matters were ordeyned greatly and too much against the kings prorogatiue, for the sure establishing and execution [Page] whereof, there were [...] charge & auctority to see ye ordinaunces made maintayned, whether for the small worthynesse of the lawes, or the dis­order in making, or the shortnesse of the continuaunce I knowe not, but I finde not any of those statutes with the rest which are rekened to be King Henrie ye thirds. These twelue noble mē were no soner in cōmission, but they begā roughly, presently exiling foure of the Kings brethrē by ye mother. The 43. and 44, yere of his raigne there were cer­tain assemblies, sometime of ye nobility without the King, and of the king without the Lordes, without any mention of our thirde interest, and al called Parliaments. Thys yere in a Folkmote at London were al aboue twelue yeres sworne to the king. In the 45. yeare he had obtained from Rome a dispensation for his othe, and all others of his, which he and they had taken for the maintenance of Ox­forde folly. The péeres during this pastime, vnwitting, & vnwilling, the kyng discharged Hugh le Spencer chiefe Iustice, and put an other in his place, expelled officers and Sherifes admitted by the king, & appointed other to sup­plie their romes. Further, the king was grow [...]n to harde termes, which was, hee shoulde not passe ouer the Seas hauing large Territories in other countries, without li­cence obtained, as in this yeare appeareth. The next yeare as before in the. 44, were al men in London aboue twelue yeares of age sworne too the king and his successours. The 47 of his raigne, the barons armed themselues, the Kyng & Queene fled from the tower to Windsor, & by the way were too too vnkindly vsed of the Londoners. The king & Lords fel to agreement (as Fabian writes) & were cōtented to be ordered by the doome of ye Frēch king who they agreed to be iudge betweene them: the king, giuing sentence, the Barons refuse, and fal to war. The yeare fol­lowing, the King, his brother and sonne were taken in the Battayle at Lewes, by meanes whereof the king grauntes a new the confirmation of the former statutes; & till mat­ters [Page] accordingly be perfourmed, Prince Edwarde, and the king, of Romaines sonne, remaynes pledges wyth the Barons. The 49. yeare Prince Edwarde being deliue­red, a Parliament or rather a counsell (bycause I finde no statute thereof,) was helde at Winchester, and all matters and decrees passed at Oxforde were vtterly vndone, reuo­ked, and called in, and all writings and assuraunces sea­led for ye same, were cancelled & defaced. You haue certaine statutes concluded, I thinke, at Winchester, in your firste volume, made in the yeare 51, of thys king, in all the which you finde no other wordes for the moste parte: but the king willeth or he commaundeth: Unlesse hee firste alleadge an in­conuenience happened, which to redresse, he vses, it is there­fore prouided and ordained. The yeare after there were cer­tain statutes passed at Marlebridge or Marleborowe, wher you haue this beginning. The yeare of grace, 1267. the. 25. yeare of the raigne of king Henry, sonne of king Iohn, in the vtas of Saint Martine, for the better estate of the Realme of England, and for the more speedie administration of iustice, as belongeth to the office of a king, the more discrete men of the Realme being called together, aswel of the higher as of the lower estate, it was &c. in all these statutes no word of enacted or ordained by the aucthority of this presente Parliament, &c. is founde, but it is prouided and agreed, whiche shal be and shal not bee, as the matter which is stablished doth importe. In the ende of these lawes and decrees, and conclusion of agréement bée­twéene [...] king and his subiectes, the Bishoppes doe pro­nounce a [...] men accurssed who shall go about to breake, in­fringe or alter the liberties and free customes conteyned in the Charts of the cōmon liberties and of the Forrest &c. The preamble to the which Charters is in this manner: Henrie by the grace of God &c. To all Archbishoppes &c. our faithfull subiectes greting: know yee that wee vnto the honor of almighty god, and for the saluation of the soules of our proge­nitors and successours kings of Englande, to the aduauncemente of holy Church, and amendement of our Realme, of our mere and free [Page] will haue giuen and graunted, &c.

Edwarde his sonne confirmed these Charters graunted by hys father,Edward. 1 and the thyrde yeare of his raigne helde a Parliament, wherein were made diuers statutes, and thus it saith: These be the actes of King Edward sonne to King Hen­ry, at the first Parliament general after his coronatiō, on the Mon­day of Easter vtas, the thirde yeare of his raigne, by his councel, and by the assente of the Archbishoppes, Bishops, Abbots, Pryors, Erles, Barons, and al the comunaltie of the Realme being thether sommoned: &c. And for diuers considerations named, the booke sayth, The king hath ordeyned and established these Actes vnderwritten, whiche he entendeth to be necessary and profitable vnto the whole Realme. And in the first Chapter, First the king willeth and commaundeth, &c. The yeare following, other statutes were set downe, by this Auctority: In the presence of certaine reuerende fathers, Bishoppes of England, and others of the Kinges councell, the constitutions vnder writ­ten were recited, and after hearde and published before the King and his councell, for asmuche as all the kinges councell, aswell Iustices as others, did agree that they shoulde bee put in writing for a perpetuall memory, and that they shoulde bee stedfastlye obserued. The next yeare hee made certaine lawes at Gloucester, and hath thus: For the great mischiefes &c. Our soueraign lord the king for the amendmet of the lād &c. hath prouided and established these Actes vnderwritten, willing and commanding that from henceforth▪ they bee firmely obserued within this Realme. In the ende of the Chapters of the same Parliamēt there is an explanation of it, termed, Expositions vppon the Statute of Gloucester, which begin: Afterwarde by the king, our soueraigne Lorde and his Iustices, certaine exposi­tions were made vpon some of the Articles aboue mentioned &c. The seuenth yeare other statutes were made: the notice of the first was giuen to the Iustices of the Kings Bench, with thys preamble, Edwarde by the grace of God King of Englande, Lorde of Ireland, Duke of Aquitaine, to his iustices of his benche greeting. Whereas, &c. as it folowes in the act. [Page] And now in our Parliament at Westminster, after ye said treatise the prelats, erles, barons, and the cōmunaltie of our realme there assembled, &c, we cōmaunde you that you cause these things [...]o be redde before you in the said bench, and there to be enrolled, The ninth, the 11.13. in the which he had three Parliaments as it semeth, the first wherin the statute of Acton Burnel was made, the second, he helde the parliament at Westminster, wherin very many statuts passed, the thirde was at West­minster, the eighteenth, the & the thirtie foure yere, there were statuts made as apeares by the records, in all which these wordes passe of Auctho­ritie for enacting and confirmation: The King hath commaun­ded, our soueraigne lorde the king hath ordained, the king char­geth all his iustices, vppon their faithes and othes that they owe him, that they shal see this and that executed according to the sta­tutes: It is prouided: our soueraigne Lorde the King to abate the power of fellons, hath established a payne in this case, and for asmuch as the king wil not that his people should bee sodainelye impoue­rished by reason of this penaltie, that seemeth verie harde to ma­ny, The king graunteth, The king and his councell at his Parlia­ment holdē at Acton Burnel hath ordeined these establishments: our soueraigne Lorde the king at his Parliament holden at West­minster in the eightenth of his raign, of his special grace & for the singuler affection that he beareth vnto his prelates, Erles, and Ba­rons, and other of his Realme, hath graunted. Wherefore our soue­raigne Lorde the king considering fraude &c. hath streightly com­maunded: our soueraigne Lorde the King in his full Parliamente holden the day after the feaste of the Purification, in the twentith yere of his raigne, by a general coūcel hath ordained, & frō hence­forth hath commaunded to be straightly obserued, our soueraigne Lorde the king at his Parliament after Easter the 21. yeare of his raigne, at the instance of the nobles of his Realme hathe graunted and commaunded, too bee from henceforth firmely obserued: we haue also ordeined by the aduise of our councell at the Parlia­ment of our soueraigne Lorde the King holden at Lincolne in the vtas of Saint Hillarie, the twentith yere of his raigne, of his coū ­cel [Page] it was agreed, and also commaunded by the king himselfe, it is prouided by a common accorde: We wil and graunt that this sta­tute shall take effect: it as agreed that such a writ of Indica­uit, shal not be graunted. In the 34. yere of his gouernement, and last statuts the first Chapter, he graunteth in this mā ­ner. No Tallage or aide shal be taken or Leuied by vs or our heyrs in our Realme, without the good wil and assent of Archbishoppes, Bishoppes, Earles, Barons, knightes, Burgesses, and other freemen of the lande. The fourth Chapter, he sayth thus: we wil and graunte for vs and our heires, that all Clarks and laymen of our lande shal haue their Lawes, liberties, &c. as when they had them best, and if any statutes haue bin made by vs and our auncesters, or any customes brought in contrary to them, or any manner Articles conteined in this present Charter, we will and graunte that suche manner of statutes and customes shal be voide & frustrate for euer­more. In the 6 Chapter, where there is a curse set for ye not performaunce of the premisses, he hath, In witnesse of which thing we haue set our Seale to this present Charter, togither with the Archbishops, Bishoppes &c. which voluntarily haue sworne, that as much as in them is, they shal obserue the tenour of this present Charter in all causes &c.

Edward his sonne (as I finde in your printed booke) made many statutes in his first yeare,Edward. [...] his ninth, his tenth, his twelfth, his fifteenth, his seuēteenth, his eighteenth, in all the whiche he vses the like manner of wordes, as for the most parte be recyted before. As Our soueraigne Lord the king hath graunted: our soueraigne Lord the king willeth and com­mandeth: The king decreeth this is added of new By the kings coū cel. Also it is desired that our soueraigne Lorde the King, and the greate men of the Realme do not charge. &c. Our soueraigne Lorde the king intending to auoyde and eschewe such euil oppressions &c. By the assent of his prelates, Barons, and other greate estates, hath or­dained &c. It is prouided by our soueraigne Lorde the King and his Iustices, and also graunted vnto the Citizens of London, &c. And also Forasmuche as some points of the statutes heretofore made hadde neede of exposition, our soueraigne Lord the King, Edward [Page] sonne to king Edwarde, desiring that right bee done to his people, at his parliamente holden at Yorke the thirde weeke after the feaste of Saint Michael, the twelfth yere of hys raigne, by the assente of the prelates, Earles, Barons, and communaltye of his Realme there assembled &c. VVe will also, that this our ordinaunce shal take effecte &c. But specially be it commaunded on the behalfe of oure soueraigne Lorde the king, by the consent of the whole Realme.

The measure of our soueraigne Lorde the king was made, &c. in the twentith yeare of his raigne, by some of his nobility and Isabel his queene, badde Lords and worse wife, as their doings in other cases after declared. He was imprisoned, and therevpon a Parliament was called, wher Edwarde the Kyngs sonne, not yet of the age of fourth­teene yeares, was elected by the common decree king in his fathers rome, and in the name of the whole parliamēt, as it remaynes in some Authors: diuers of the cleargye & of the nobility were sente to the quondam King, to shew▪ him their determination: who seing no remedie, and sma­ler hope of recouery of his former estate, renounced wyl­lingly (when he could do no other) his interest and princi­pality. If you wil haue this a lawfull and ful parliament, I must pray god to kepe vs from many of them, bycause of the hardnesse of the example: for the king was badlye murdred, within lesse than a yeare after, and yet you see what words of Aucthority it hath.

Edward. 3 Edwarde the thirde helde the crowne fifty yeares and odde monethes, and had in his time 26. Parliaments at ye leaste, in some of the whiche there was not aboue one sta­tute made, and that of no greate importance. In the first Parliament ye bookes goe vpon certaine petitions and re­questes made to him, That is: the king in the saide Parliament vpon such Articles aboue rehearsed, by the common councel of the prelates, Erles, Barons, and other greate men, and by the commu­naltie of the Realme there being by his commaundemente, hathe prouided, ordained &c ▪ the same Sessions at the request of the communalty of his Realme, by their petition made be­fore [Page] him and his [...] Prelates, Erles, Barons, and other great men assembled at the sayde Parliament, hath graunted for him and his heires &c. and so procéedes to graunt and confirme alwaies the liberties of the greate Charter and the Charter of the Forest, wherof for the most part there is mentiō first made in euerye Parliamente, in all the whiche (fewe excepted) hee vses these wordes or such like, and specially til his 14. yere, in which he had a liberal extraordinary ayde or sub­sidy graunted hym, By the assente of his Prelates, Erles, and Barons and other noble men of his Realme: and at the requeste of the cōmons, after many times he puts in, The consente of the Commons, whole commons, ful parliament, and that chiefelye when as he obtained of them subsidie, Taske, fifteenth, Disme, or custome, as if you turne the recordes you shall fynd: and yet ofte he names them not at al, but hath thus: Councel and treatie there vpon had with the Erles, Barons, and our wise men of our said Realme, &c. VVe considering, &c. haue had there vpon deliberation and treatie with the Prelates, and the nobles and wise men assisting vs, of whose mutual councel it is ordeyned &c. ofte putting in vvith the assent of the com­mons, oftner, at their request and petition, whiche he vses not when they graunted him subsidie, Taxe, ayde, custome, fifteenth, Tenthes or Lone. But then the statutes carried these words, VVith the consent of the commons, whiche they well deserued. And also deedes of congratulation aswel as allowance in termes, for like moste liberal, dutifull, and considerate Subiects (I wil thinke) willingly did graunte their large contrybutions, no larger than often, nor ofter than needeful considering the diuers wars of their prince, they did ninteene times bestowe towardes his charges their mony helpe (if I did put in more, as I suppose I shoulde not lye, so should I not incurre any offence) and that diuers of thē to continue two yeres, thrée yeres, & sixe yeres. A newe kynde of willing duty, if you loke how al­wayes before, like matters in a maner were perforce ex­torted [Page] scou [...] them. In Lieu whereof, as a gratious prince thankefully accepting their doings, as good cause he had, [...]aue thē at ye least, nine general pardons, with some excep­tions yet not many. And whereas for the most part the Wolles of this lande before other commodities were most exacted of, in his 36 yeare it was enacted, that no subsidie nor other charge shoulde be sette nor graunted vppon the Woolles by the Marchants, nor by any other from thence­forth, without the assent of the Parliament: rare presidents to finde before the conquest in William Cōquerors time, or since in a manner at all til this kings dayes.

Richard. 2 Richard the seconde his successor, helde euen on as his Graundfather began, had almoste euery yeare a Parlia­ment, according to the statuts, that there shoulde bee one yearely at the leaste. In the beginnings of al the whiche, almost the great Charter, and that of the Forrest, with all Liberties to holy churches, fraunchises, &c. were granted, stablished, and confirmed, and the authority of passing the actes, is as you haue in his predecessors time Edward the thyrde, sometime with one maner of words, and somtime another. He had very many, free & bountiful aydes of his subiectes by mony, in number for hys two & twenty yeares time, no whit wanting with his Graundfathers, & like­wise by diuerse pardons he declared his good accepting of them.

Henry. 4.Kyng Henry the fourth, first Erle of Darby, then Duke of Herforde by his father Iohn of Gaunt Duke of Lanca­ster the fourth begottē son of king Edward the second, al­so inuested with the title of ye Dukedome, no more against king Richard [...] than against lawe, ryght and iustice, did clayme the Crowne, and at London called a Parlia­ment in king Richards name, asmuch without his direc­tion, as without iust aucthority, and howe far wythout the ful partes of an Englishe Parliament, which wee brag of and iustly may, I referre mee to the iudgemente of deeper heades than mine owne. In this Parliament forsooth is [Page] 31. Articles at the leaste layde to our Kyng Richarde, a shrewd & an vnaccustomed president. Wel, it was thought by the most parte that he was worthy to be deposed, and prouision according was prouided. But King Richardes friendes going to bed without candel, when none was to be had, perswaded their maister too yeeld (contented) the Crowne from his heade, whiche otherwise woulde haue byn snatched off perforce, and brought the skyn with it. He doth resign, he craues life without raigne, it is liberally granted, but more liberally broken with hasty & shameful slaughter. As who searches shal find, to whō I rather cōmit ye reading, thā I to cal to remēbrance such vndutiful hard dealing, & specially when the Parliament hath any interest in the same, or should be noted with error. This Henrie the fourth raigned thirtéene yeares and somewhat more, in whose time there was almost euery yeare a Parliamēt, in all the which for the most parte, first the Charters and liberties be confirmed to all men, and the Actes be thus aucthorized, Henrie by the grace of God. &c. of the assent of the Prelates, Dukes, Erles, Barons, and at the instant & special re­quest of the commons of the same Realme, assembled at his Parlia­ment holden at Westminster. &c. Al establishmēts, cōfirmati­ons, and makings of statuts in his time, you shal finde stil at the request, ernest instance and prayer of the commons, yet was he king, as you haue hearde, and in the first yeare of hys raigne he had such a heauy Taxe graunted him, as it was conditioned it should not be recorded for a president: diuers others he reaped the benefite of, & retourned also sundry pardons to the freeing of many of his subiectes.

His sonne Henrie, Henrie. 5. was Kyng nine yeares and some­what more, and yerely (as it seemes) helde a Parliamente, but hys sixt yeare, in al which wherin the commons were named, he sayth as before, for himselfe and the Lords he hath at the special instance and request of the Cōmons in the same Par­liamēt, &c. Hath don to be ordained &c. The liberties of holy Churches, the Charters and priuileges are enacted and a­greed [Page] soundely to abide in force. I can not perceiue for all his great Conquest and warres in Fraunce, that he trou­bled his Subiectes in a manner at all to speake of, wyth Taxe or Subsidie. That smal ayde hee had, rose (as I can gather) of some Tenthes, and Fifteenthes, were graunted him. And yet did he for custome, curtesie, or congratulation sake, also imparte his pardons.

Henry. 6.He left his sonne Henrie in his place, being but eighte monethes olde, during whose raigne, the Parliamentes were very thicke helde, as in the former times. As thys Prince was very yong at the death of his father, so was he when he came to age, more giuen to quietnesse and Reli­gion, than to worldly affayres or weapons: And therefore it may be gathered, that the nobility and commons stoode not in doubt of the infringing by him of great Charters, and liberties. Wherefore they labored not euery Parlia­ment, the confirmation of them, as in his Predecessors tyme they did: for in his Parliaments, wee finde no suche mention made of them, as vsually is had before his go­uernement for making of Lawes, most commonly I see, Our soueraigne Lord king Henry the sixth, at his Parliamente, &c. By the aduise and assente of the Lordes spirituall and tem­poral, and at the speciall request of the commons of the Realme, being in the same Parliament, haue done to be made. &c. There is also, Our soueraigne Lord King Henrie. &c. For the weale of him and of his Realme; by the aduise and assent of the lords spiri­tual and temporal, and the commons of the same Parliament assem­bled, hath made, ordayned &c. This last manner of mencio­ning the cōmons, it is in ye middle of the kings raign, which might proceede of some occasions, which your selfe maye finde out, if you tourne ouer the cronicles. I take it need­lesse to be written. In the th [...]tie three yeare of his raigne, there was something enacted in a Parliamente touching the Lord Richard Duke of Yorke, and also in another, in his thirtie three yere, concerning the same Prince, which I cannot be perswaded that King Henrie de mero motu con­sented [Page] to, I do not vnderstande that he burdened his sub­iectes in a manner at all with exactions, for al his continu­all and great warres in Fraunce, but rather contented him selfe with the losse, and so far, as in lesse than fourtie yeres he forewent the Crowne of Fraunce abroade, and lost his kingdome of Englande at home: And tho by hys friendes he recouered the one againe, yet woulde it not be kept, but hee that receiued it firste, efte obtayned it, so that Kyng Henrie was depriued the second time not only of hys re­galty, but presently of his life.

Edward Earle of March righte heire of the house of Yorke,Edward. 4. was the man that Kinged it in King Henries rome, and so continued it twenty two yeares, and some­what more, during which gouernement he hadde at leaste tenne Parliaments, in all the which hee names his aucto­rity, and the nobilityes aduise and consent, and the instāce and request of the commons, but only in the Parliamente the thirde yeare of his raigne, wherin he sayes, At the Par­liament summoned at Westminster. &c. the thirde yeare of king Edwarde the fourth after the conquest, diuers statutes. &c. By the aduise and assent of his Lordes, spiritual and temporal, & the commons of the same Parliament assembled, and by auctority of the same were made &c. During which Sessions he had granted him by statute the tonnage and pondage of wines and wayres, not for a yeare, or two, but during hys na­turall life. In his second yeare he had liberally yeelded him large summes vpon his priuy Seales: he had also diuers, fifteenes, Loanes, and beneuolences. In his first Parlia­ment, Charters, priuiledges and liberties were cōfirmed. But I sée no stoare of generall pardons in hys time, al­though it was and had byn a busye age, by meanes of the quarel betwene the two great houses of Yorke and Lan­caster.

His brother Richard by yt vnkinde making away of his nephewes ruled the rost two yeres,Richard. 3. two moneths, & a day, whose statutes are enacted, as before, at the requeste of the [Page] commons of the same [...]lme, yet sought hee by all the fa­uourable wayes hee coulde, too purchase hym selfe na­turall subiectes, though he vnnaturally came to the king­dome.

Henry. 7. Henrie the seuenth after him obtained the Crowne, in the beginning as it were by force, next confirmed by the marryage of Elizabeth eldest daughter to Edwarde the fourth, who called diuers Parliaments, and in them al ta­kes this course of auctority for enacting of the statutes of the same, The King our soueraigne lord, Henry the seventh. &c. in the first yere of his raigne, to the honor of god and holy church, & for the cōmon profite of the Realme, by the assent of the Lords spiritual and temporal, and the commons in the same Parliamente assembled, & by auctority of the same Parliament, hath done to be made certaine statutes. &c. He had sundry exactions, subsi­dies and beneuolences, wherof ensued some dāgerous and troublesome ciuil warres, besides the putting in execution of many penal statutes, more profitable to him, than wel­come to those who payde for them. If you loke Maister Hal the Cronycler, you shal finde more than enough tou­ching the same, and specially so broadely to touch Councel­lours for doing their princes commaundement in matters lawful, tho in deede (I must confesse) odious to the peo­ple. King Henrie being not like to recouer a sickenesse had taken him, either by remorse of conscience, or by other oc­casion it pleased him to conceiue, did pardon those matters for ye which he could not chose but heare the grieuous repi­ning and murmure of his subiectes.

Henry. 8. Henrie the eighte followed him, in whose time were made a Bible of statutes, and till the two and twentith of his raigne, h [...] [...]ad the very same wordes, as his father vsed in the beginning of his Parliamentes, and tho then the same still followed not in course, yet the Parliamentes were held of the estates, wherein the commons were one. What subsidies, and aides of money he had, and what and howe many enacted pardons hee gaue, nowe to repeate is [Page] but losse of time, sith we are come thus farre.

To go thorow with king Edward, Edward. 6 Queene Mary. K. Philip. Queene Elizabeth. queene Marie, king Philip, and our most gracious Princesse hir maiestie that now is as I haue with the rest, were burning of daylight.

Sith we haue hetherto brought the Parliament, nowe let vs shortely gather what wee can of these Collections touching the original Antiquitie and the manner thereof.

First Brute in the yeare of the worlde, 2855. before the yeare of grace, 1108. began the Empire of this Ile. Hee founde it without laws, he made some. Mulmutius, 441. yeres before christ added more. Gurguintus put a litle to. Marcia that noble Quéene, about the 360. yeare before Christ confirmed many: and so remayned this lande, go­uerned (I suppose) without our forme of Parliament, for I cannot perceiue there was any state of nobility. The greate Cities and Borowes were long a building, some 300.400.500. yeares, one after another, and more: The Shires nether deuided, nor inhabited: a nation liuing in ciuil warres, thefte and rauyne, barbarous, often for want of foresight and lawe so dispeopled, as hardely there remayned sufficient to manure their landes, and lesse, too defende their Territories. The yeare. 51. before our sauy­our toke flesh, Iulius Caesar ye Romaine made conquest of this region, and anexed it to the Romayne auctority, who had tribute (tho sometime it were denyed) and gouerned by their Captaynes and Emperors, toke the defence of the same vpon thē, as their often hither cōming with armies & building of walles betwene the Scottes, Pictes, and Bri­tons, doth wel witnesse, til the 443. yeare of Christes Na­tiuity, at whiche time they neglected the matter, not wil­ling, as it seemed, to buy a trifle too deare, nor dayly to be troubled to come from Rome, but a steppe, to defende them who had no ability to holde their owne féete, nor (as it is to be feared) woulde learne. And although in this time somewhat is indited by Eleutherius the Bishop of Rome to Lucius, who is accepted the first Christened king, yet [Page] if you wey the matter wel, you shal finde, that wil not do [...] About the yeare 450. the Saxons and Angles being sen [...]e for, entred, and loke howe many kingdomes they erected, how long in warres before, how they continued, how they were brought to one Monarchie, and the sequele then, and you shall finde there was no leysure for Parliaments. In reading, I haue gathered many floures out of Maister VVilliam Lamberts garden, a gentleman after my verdict, tho vnknowne to mee, for hys payneful, rare, and learned Collection, worthy to bee knowne, and then (no doubt,) of all wel disposed too learning and knowledge of the antique customes of our Country, to be greatly hono­red: I coulde make many Nosegayes for you oute of his wel set plantes: but you are yong enough to gather them your selfe, & I will yelde that to Caesar which is Caesars due, tho perhaps I wold be glad to be worthy to be Caesar my selfe. Yet thus much I wil put you in minde what you shal haue in Maister Lābert, for the seasons of the Saxōs and Angles kingdomes: They deuided the Shires, the worlde is their [...], they parted into hundreds and weapon-taxes, the speeche is olde English, Folkmoot and Shere­mote was appointed by them, compounded Saxō words, of the which there were two vses in the Saxons time, for there were two sortes therof, one in the same nature that we haue le Countie Courte, the other, le Turne del Vicont. S. Edward in his lawes appointed also two kinds of Folk­motes, which were giuen notice of by the ringing of bel­les, in olde Englishe called Mothel. The first was when any vnaccustomed peril or daunger, was doubted to the common wealth: And then were the hundreds and Wea­pontackes within the Shriualties gathered together. And also wythin them selues the Burgesses of Cities walled, Borowes and fortresses of strength (to the which liberties and priuiledges were graunted, bicause their force was better able to keepe together and defende the people in the tyme of Hostilitie,) assembled to councell what way were [Page] best to be taken in such times. Also in the same Folkmote, which ofte times is named the Common councel, the sub­iectes of this Land did their fealty, and were sworne as here before diuers times. Touching the oth to the prince I haue recyted to you: And for sufficient proufe hereof, the Londoners of late yeres haue vsed the worde, and at this day directly in effecte kepe the matter, when they assem­ble themselues, as ofte as neede requires, to their common councel, the Folkemote in deed. The seconde Folkemote was for the electing of Sherifs, and officers vnder them, for taking order yt the watches were kepte, and great heed had to scath fire. In the Saxons gouernement there were at the last, two kinds of regiments, by the which the coun­try was directed: the one, the West Saxons, the other the marches: who as they were proceeded of two nations, so ech held ye rights receiued fro their ancetors. The Saxons kept thēselues kings here, tho wc much a do & great conti­nual slaughters, not only wc the ancient inhabitāts of this land, but with thēselues, one king with another, til ye yers 1018. during which time you see many ordinaunces establi­shed, but how far frō the way of our Parliament your own discretion wil conceiue, if you haue good cōsideration of ye times, people & maner of lawing. Canutus the Dane the yere. 1018. was absolute king of the whole Realme, whiche the Danes claymed firste by conqueste of Swaynus their king, father to Canutus: ano next, by agreement made be­twene Edmund Ironside and him: his laws you haue: see what you find ther. So gratcōquerors do not cōmōly grant such large freedomes to subiectes, to haue interest wt them in ye cōmon welth, neither yet do bind thēselues to so hard termes, to establish nothing without the consente of the o­ther two states. Far vnlike it is, that of Danes he had ful supplie too furnish the whole state of nobilitie, and the whole Borowes and counties: But graunt he had, shal I beleeue he would set down another maner of gouernemēt than ye Danes do at this day, & almost haue alwaies main­tayned, [Page] which is, al things to passe by ye kings auority & the nobilities, without the thirde estate. He was not constrai­ned at any time againste his will: for the poore Englishe nation, God knowes, were laide low enough. The Danes raigned not here aboue twenty fiue yeres, allowing Ca­nutus the first king. Yet would I faine learn, whether by Parliament and general consent of the three estats therof, the excessiue Tributs were graunted, and the exaction cal­led the Dane gelt which ye English people only euen frō the beginning of the raigne of the Danes were cōpelled yere­ly to pay to their kings, was Parliament wise enacted. Saint Edwards lawes, if you loke ouer, you shall finde nothing to serue your tourne. The Conqueror VVilliam in the yeare 1066 obtained the Crowne: howe streight a hande he helde on the subdued inhabitauntes of this Ile, is wel known. Til the twentith yere of Henrie the thirde I heare of no Parliament, vnlesse you wil haue al consul­tations Parliamentes, as in the fortith of Henry the 8. I sée a statute made for one Richarde Strode a Burges in that Parliament, for that hée was condemned in 160. pounde at certaine Courts of the Steynery, and by aucto­rity thereof imprisoned for the same, bycause he had (as it was aleaged) greatly hindred by his speaches in the Parli­ament their liberties and priuileges. Upon his complaint to the thrée estates, the Act was made for his discharge, in the end wherof an enquiry is appointed touching the digging of tinne: and the letter is thus: Be it enquired for our soueraigne Lorde the king, that whereas at the Parliament hol­den at Crokerentor before Thomas Denys deputye too sir Hen­rie Marney knight warden of the Steynery &c. Here you haue your word otherwise applyed than we accustomably do. So that the worde carries not awaye with it alwayes the fulnesse of the matter. Some wold long sith haue compri­sed in it, howe King Henrie the thirde was by armes cō ­strained to do what he would not. You haue recited to you what auctority he vses in enacting: you also haue, & like­wise [Page] I haue gone thorow al the Parliaments of the rest of the Kings, which I haue thought néedefull: the exact ouer­loking wherof, and due noting of the forme of the nobility in time past, after the Danish manner, great sway beares in this common welth: the aydes, subsidies, exactions and customes generally so oft consented to, with better willes, and more quietnesse, than in former ages: the nūber of pe­nal statutes and generall pardons of the Prince, will dis­swade the Antiquity of our thirde voices, which many do defende, and also wil shewe a lighte of the admitting the third person in this trinity. I cannot méete with the name of the Knight of a Shire or Burges of the Parliament, or any such men, mentioned tyl now of late dayes. In the twenty seuenth yere of Edward the thirde, in the begin­ning of a Parliament he sayes thus: Wheras good delibera­tion had with the Prelates, Dukes, Erles, Barons, and greate men of the Countries, that is to say, of euery country one, for all the counties, and of the commons of Cities and Burgesses of our Realm &c. The fifte yeare of Richard the seconde there is a sta­tute, That if any knight of the shire, Citizen of Cittie, or Burges of Borow, did not vppon sommons come to the Parlia­ment, not hauing lawful excuse, should be amerced. Anno 12. of the same king you haue an act for the Kings wages. Anno 7. of Henrie the fourth it is enacted touching their elec­tions. Anno. 1. of Henrie the fifth you haue the like for cho­sing of Knights and Burgesses. In Henrie the sixts time and after, there are sundry Acts concerning the same mat­ter. If you consider the late enacting of these things, you shall finde later vse of our newe Parliament, than of some is thought: for I thinke Knightes and Burgesses neuer coulde nor might appeare in Coūcel before they were au­torised, and the maner of their apperance knowne. It may be that you and some other who shall mete with thys my procéedings in this matter, will maruell why I make so long a preamble, and that in such forme, to so shorte an ad­uise which I sende you. Againe, the world is many times [Page] so aukwardely disposed, as it will deeme the worste of mens meanings. And leaste the repeating of these things to you should of Malbouch, who neuer sayde wel, be con­ceiued, that I shote to disgrace that noble, graue, and ne­cessarie thirde state of Parliament (whiche if I were so lewdly disposed, I neuer were able to touch)▪ I first protest before him who knowes the secretes of al mens workings, it is furthest from my thought. The cause of this my long recitall of one thing and other, grew of three parts. One, to shewe how happily we obtained that rare interest in the common wealth, where the monarchial gouernement strikes the stroke, therby to thanke God, wythout whom far lesse matters cannot stande. Secondly, that we should not be forgetful of the great, gracious, liberall, and conti­nual fauour of the Princes of this land, who haue not on­ly consented freely to the confirmation of this third estate, but more thā that, neuer vndoubtedly repented the allow­aunce thereof, as well may be proued, for that they neuer cauilled therin. What contented mindes of late ages, the kings and Queenes of this Realme haue carried in mat­ters of Parliament, when things haue not fallen out cur­rant to their expectations, I thinke not only al Parliamēt men, but ye whole cuntry knowes. And if I desired to picke thanks the most allowed way, which is, in telling truth, I coulde make a long libel of hir maiesties) that now is) par­ticular patience, fauor, great suffering, and wel accepting of matters of Parliament: but I will leaue it to a better workman to be booked by it selfe, bycause it will aske a great volume. Thyrdly, to shew what a Iewel you haue of this most free, general, and vniuersal consultative kind of Lawmaking, therby to be careful, not only to kepe and preserue that odde grace granted to no nation, but to our selues, in such like regiments, but also in al respectes duti­fully to put to our indeuor to be worthy mēbers of so gret a councell, I will but remember you of a fewe lynes of Plato, who neuer knewe England, and muche lesse the [Page] English Parliament in his booke of his common welthe he makes mention of three kindes of rule, viz. Monar­chia, Aristocratia, & Democratia. Where the Prince doeth al (sayes he) lawes shal be made as best shall like him, with­out regarde to others: where nobility, and a certain num­ber of the greatest holde the helme, the ship wil be directed to what hauen they please. If decrées and ordinaunces lye in the multituds heads, they wil be popular. Sée you these imperfections for the want of combyning these three kinds togither, whiche done, and no lawe passe without all their consents, who shal haue cause to complaine? who is exempted out of this common wealth? who is wronged or put to the wal? who agrées not to his owne welth or wāt? O Anglia ter (que) quaterque beata, that doth inioy that blessed priuiledge, which to maintaine, as I beséeche all men, so to my best I will proceede to aduise you, of whom I haue most tender care, to take such hede in all your actions tou­ching the same, as it by you may be (Pro virile) strēgthned, you experienced and wel deseruing therof, and I ioyfull to heare of the considerate discharging of your duety. First is to be considered what your auctority is, and howe farre it doth reache, from whence you had the same, what trust they haue committed to you, and what they expect at your hands that elected you therto: Then by what meanes you shal best discharge, without ye indignatiō of the Prince or misliking of the nobility, that trust, to the profit of your electors. The former parts are easyer to be set downe than the latter pointes, drawen into assuréd aduices and vn­fallible precepts. But bycause (as I sayde in the begin­ning) I am to write too you, who I am sure will take in good meaning my wel determined remembraunces, rather than scrupulously picke out the insufficiency therof (which I muste confesse is great) yet not wholly so fruitelesse and vnfurnished, but that you may gather some fewe Apples out of a smal Orchard. Our Parliament consisteth of three estates: First, the Prince: the second, the nobility, such as [Page] are admitted by their succession, whose auncestors haue bin of the house, or the king, doth call, and the Bishoppes: all the which without speciall licence must be personally pre­sent: and if they be by any meanes absent, they giue theyr voyces to some one they best like, who is resiant. The third of the Commons, wherin is comprised the yonger sonnes of the nobility, and in a manner all the heires apparante, very few except, ye fathers [...]ing, al ye gentry & the whole rest. It is thus furnished: there are two Knightes chosen of euery county, but in Wales where the Shires haue but one, and of euery Citty and Borrowe Corporate two Burgesses, fewe excepte, who of late time were made cor­porations, and also the Cities and Borrowes in Wales, who follow as their counties doe. Of these knightes and Burgesses is your thirde house. Wythout the consent of these three bodies no newe inuocation hath power to de­priue the subiectes of this lande of life laweful inheritāce, or goods. The autority therof doth stretch to them all, to take away life, inheritaunce, yea of the Crowne of this Realme, and euery mans chattels, and hath full power to make and alter lawes, and to vse the English phrase, the lawe lies in their hands: the Prince is sole of hir selfe, and enacteth nothing alone: the nobilitye and Bishoppes are vpon the pointe of eightie, and rather vnder, sometyme more or lesse, as some may be vnder age, & some Bishop­rikes voyde, who offering a lawe, doe make none of thē ­selues. The thyrde and great body of this councel consi­steth (the king, nobility and Bishops foreprised) of all the inhabitauntes of the country, and therefore of a mightye number of members: yet can it stablishe no ordinaunce absolutly suo iure. But see the great and to other people vntasted of benefit of this lawe making, as I haue saide before: shal one enacte? no: shal two estates binde the third? as little: shal the whole three stricke it vppe? god forbid else: for (as before) who can complayne when his agremēt is [...] and who denyes, when al men say yea? So when the [Page] greatest number of the Lords, and the most of the cōmons consente, tho some be far off, yet it doth importe general ratification: else how shal you labor? in vaine: for it is not possible that so many should directly bit vppon one minde and iudgement in things argued: we can haue no more that iust Harmonye of concente, that the .77. Interpreters of the Byble had, and yet no doubt (I truste) the best for the most part taken. Your autority you see, now go forth: who put you therin? The lower or common house of Parliamēt standeth of 442. persons, 78. Knights, and 326. Burgesses for England, and for Wales (Monmouth Shire accomp­ted no part thereof) 12. Knights, and as many Burgesses: for the ports, which are now 7 accompted, fourtene, which are called Barones portium, who are chosen by the whole commons of the Realme, vnder which name is vnderstood (as you haue before) not only the artificer, the Begger, the yoman, the husbandmā, al and the whole, al of those sorts, but also the vniuersall gentry and many of the nobilitye of Birth, who are not Barons of the higher house. The Knightes are elected by the county, and should be inhabi­taunts in the same: the Burgesses in the corporations, which by statute are appointed to be dwelling Burgesses in the towne from whence they are sente. So that it is playne, that you haue your au [...]thority of the greatest in number, the mightiest de se in force, and by whome the Prince is maintained, the country from age to age manu­red and peopled, and the Lordes remaine Lords, whose rentes and seruices coulde not be due without them. Now thinke with your selfe what confidence these persons haue in you▪ when they appointe you in this Rome of enacting or disa [...]nulling. Your number of Parliament men you sée in your house are fewe to the huge multitude of thē whose consents are bounde by your agreemente. What thinke they when they chose you? Firste that you are religious, wherein is comprised many parts, as to feare God & to be charitable. And th [...] there be many other points which par­ticularly [Page] might be recited touching religion, yet in the loue and feare of god and the Charity towardes a mans neigh­bour I conceiue al other braunches to hang: next, that you do entirely fauor your Country and tender the welth ther­of: thirdely, that they are perswaded of your wise­dome, graue iudgement, experience, and diligent conside­ration: fourthly yt you wil not be abused with fayre words, terrified with threatnings, corrupted with brybes of the great ones: fiftly, not wrested by giftes of equals, nor mo­ued with the affection of the frendship of them: sixtly, not frette with the Canker of malice and enuy, nor subiect too sodain fury, the ouerthrower of al good procedings, which wil procure you carelesse of your trust: Seuenthly, not ex­pecting cōmendatiō by eloquence and Oratory words, ra­ther than by substance of direct matter, reason, & truth, but aboue al things, wholely and onely hoyse vp your sayles to serue in all respectes that body wherof you are a mem­ber.

They cōmit vnto your cōsiderations their libertyes, no [...] only of person but of liuing, their goods, their lands, their liues, their attainders of bloud, al yt they haue, shal haue, or cā haue, their wiues & childrē alredy borne, their posterity to come, whose inheritaunce to accrew by discente & honor from auncient predecessors too bee inuested with, they yeelde into your hands, and not only to binde them here­after to stand to your doome and decree from time to come, to allowe of your possitiue direction not alreadye passed, but also submit themselues and all before recited, vnto what you shall dispose of it, with a loking backe considera­tion whereby you may nerely touche them: the confidence placed in you is so grat trust, Iterum iterumque Cunctando, as Quintus Fabius Max. did, to be thought of in this case. Now let vs sée by what meanes you shall discharge this trust, without the indignation of the Prince, and misli­king of the nobility. First touching the nobility & prince, Qui vadit planè vadit sanè. Take this matter in hande Uir­ginlike, [Page] in the simplenesse of your minde, and well mea­ning of all things. Take heede of two faces in one hoode: deale with reuerence to the prince, with duty of better­nesse to the Lords, and with waking care with your fel­lowes. I may not deny but perchaunce some Prince may be willing to procure the passing of a law more beneficiall in particular to him selfe, than pleasaunt to those who are represented in your house. And also the nobility may do the like in their own causes: may you not duetifully repugne such demaundes? may you not argue the inconuenience is like to ensue? may you not diswade? may you not boldely yeelde your no? Yes assuredly, and incur no displeasure at al. And although you may bee frowned on by the Prince and others, yet they will knowe you well enough, com­mende you in secrete, gladde to win you to imploy in ser­uice, iudge you wise, honest, and one worthy to be trusted, and not a Butterfly, a sixe weekes Birde: Wheras if you follow their humors, if their turnes be serued, if you play, the hireling, they perhap wil smyle vpon you for the time, neuer trust you, but in the ende shake you off. Princes be glad of traytours of their enemies subiectes: Yet what Prince would haue any of his owne people so? or will trust the others in any action, but to serue a present turne? As Demades aunswered the Ephores very well, who mo­ued him to commit the leading of certaine Souldiers to a traytor: you shal pardon me (quoth he) for trusting hym wt mine, who hath betrayed his owne. If you wil sooth and iuggle, you shal haue Iohn seruingmans rewarde, yea at the princes hand & the nobilities. Altho possibly you haue hearde the tale of this wel shotten Iohn, yet thus it was: A gentleman not best experienced, stoode well in hys own conceyte for iudgemente (as commonly the simplest do) his chaunce was to entertayne a seruaunte wiser in deed than the maister, but too playne a dealer to profit himself, and therefore no worldely Doctor. Thys Gentleman ta­king his opinions conceiued, always to be infallible, wold [Page] breake them with his man, not so much to conferre for his aduise, as to set out the ripenesse of his owne capacitye, who perce iuing his Maister was in a manner alwayes in a wrong Boxe, and building Castels in the ayre, or cat­ching Hares with Tabers, coulde not sooth such vnlikely toyes, whereby he must seeke him a newe habitation: who woulde kepe such a contrarying Knaue? reporte goes this man is out of seruice, and why? forsooth ye cause is recited, Maister Iohn a currifauour meaning to thriue where the other coulde not, among hys Emes and kindred taken a proper nurtured hynd, sekes out this gentleman with very low cursey, gyues his wor: the time of the day, demaundes if his wor: wants a seruant, and worship and Maistership hath much adoe with him. This cleane speeched manne is entertained, the maister confers nothing wyth Iohn, but Iohn playes the Iohn, he highly commends his Maisters deuises, he prayses hys iudgements: what so he speakes be it neuer so fonde, Iohn sweres doth procede of a good wit. As Stephen the foole of Huntington was wonte so saye, time teacheth experience, far he goes that neuer returnes, and very simple he is, that dayly swalloweth flies and wil not learne to keepe hys lippes together. This gentleman began to finde that Iohn did guyle with him, whome too proue, he brought into a very fayre meadowe, and as it were out of a great study demaunded of Iohn how to most pro [...]it he might employ ye same: Iohn musing what to an­swere: his Maister followed, now (quoth he) can I tel how to reape greate benefit hereof, Salt is at a high price, I wil sowe the Meadowe therewith, if God sende me a good croppe, I shal be a made man. Iohn hereat clappes his handes on his thighes, Iesus, Maister (saith he) you shall drinke before mee, for I thought vppon the like matter. Here is flattering Iohn taken: by whom? by a simple man, by one who delighted in his musicke: he pluckes his Coate ouer his eares, he knaues Maister Iohn, and tournes him out of the doores like a Rascal marchāt. If you play Iohns [Page] parte with Princes, whose experience and wisedome of themselues is great, and much by councel, do you thinke to auoyde Iohns rewarde? If you Iohn it with the nobility, do you deeme them children? will not nobility followe in deede the noblenesse of bloud, to abhorre and detest suche shamelesse shifting Iackeryes? yes assuredly, to your vt­ter infamy and ouerthrowe. But take the other course, and truth may be blamed, but it will neuer be shamed It may be loked bigge on, but it wyl not be out of countenaunce: it may bee shut out of the dore, but it wyll bee sente for in againe and set at the table with the best, when Curte­ous Maister Iohn shal be glad to take the leauing of the Pages: and hereof assuredly perswade your selfe, vnlesse your minde be so far possessed with mischiefe, too thinke ye Falcons can feed of carrion, or Dolphyns delight in pud­dels, which as by nature they do abhorre, so do Princes & nobility by long succession norished and bredde in honour, reiecte and contempne all suche seruile disceyte and trea­sonable shifting.

Now are we come to consider howe to answere the of­fice your trusters put you in, not for any perticular profit, but for the whole common good. Hoc opus hic labor est. But if those good parts be in you which they perswade are, as is recited, the burden is soone discharged, to all your com­mendations, welch & quietnesse▪ First they accompt of you as one religious &c. and after as you haue heard. As tou­ching that part I presume not to deale, bicause the Cobler may not passe the shoo: but with feare I will reuerently with all good meaning embrace the sounde and perfecte opinion of the Learned, which for the two parts, the one duty to god, and the other to a mans neighbour, lies open to all menne by Deuines, the latchets of whose shooes I counte not my selfe woorthy to vnloose. Marcus Tulli­us Cicero, let me remember you of, and of his treatise de Amicitia, which being a boy, (as Scollers do) I did vnwil­lingly acquaint my selfe with. He maks not (as I take it) [Page] aboue foure payre of friendes, whose names being so com­mon, to repeate again, were but spending of inke and pa­per. He cōmends, whē men would so far (as I may terme it) beleue in other for friendship sake, as they drew cuts who should go to the hacke first: and not so onely, but the one would face down a lye, to be tormented to saue the o­ther. Tulli sayde true, for he saide it Historically. I am so­ry the Paganisme may cast in our noses foure rare exam­ples, and we not able to afourde them one such coupple. If you had such a one your selfe as Eurialus was to Ni­sus, Damon to Pythias, Orestes to Pylades, and The­seus to Perithous were one to another, you coulde not but make of such a Iewel. And if you would beguile him who should haue the losse? your selfe only, in respecte of all extremity among ye best, (by whō I meane the vertuous & not the Turks Bassaes) for why? ingratitude shold rather deserue quartering, thā clipping of coine. This frendship for such affiance & trust betwene party & party is rare, is commendable, is not to be found, and yet dependeth vpon particular action betwene two: it is determyned betwene them, that is, at the death or absence of either of both, and then so far as wel wishing may extend. But sée what the commons of Englande put in your handes, when you are chosen a spokesman for them. They end not with their liues that make you a Parliament mā, but with the per­ticulars, and al in al that I named before. Wyl you haue more than all giuen you, of him that demes well of you? you cannot. Do they store vp in you by trust conceiued, what depends vpon thē (as it is recited) it semeth so: iudge your selfe. Wil you go to Law of nature, to the Law of God, to the Law of Princes, too ye Law of Confederats? wil not al condemne you if you iugle? I haue found it so. Although in very deede some men accept iuggling for an English word in good part, yet I neuer vnderstoode it in Chaucer or olde English, neyther in the conscience of the professors of Charity or well dealing: part the wordes [Page] at your pleasure enter too Ethnickes or too Christianes. Here is the warre, here is the daunger, here is both your credits, that is, the electors theirs and yours, vpon a mum chaunce, (pardon me if I offend in words, I haue playde at the dice). If you discharge your truste wel, they are in your debt, & they wel may vaunte of the perfection of your executiō, not more that you haue done a thing cōmendable in general, thā yt they haue chosen in perticular, so sufficiēt a member in so great a cause: here is a good Harmonie, the wel & true singing of which sōg makes al mē merry at mid­night, at al times, in al things, & alwayes, not now only present, but to come, yea those who neuer smelt of the mat­ter, if you go a trewāting, if you play Legerdemayn, if you wil be bridled, if you gape for ambitiō, if you play y Mon­grel, if fayre words abuse you, if carelesnes make you hold no hand of your doings, if fury make you dronk, if affectiō blinde you, hereof wil procéede not only to your trusters & theirs now borne & vnborne (I vse the word stil, bycause I knowe not how so rightly too hit the minde of your choo­sers who commit trust in you) Ploratus and Stridor denti­um, but the same to you and yours, in like predicament, al­though some present outward shew may make you thinke the cōtrary. And therfore what I haue gathered of others, for Praeter auditum nihil habeo, I wil follow, which and God graunt, you may receive as much benefit thereof, as I de­sire, if you want from me, the faulte is not mine, you haue the best I can vpon the maner of wryting of letters. I perswade wyth my selfe you cannot possibly play the spi­der wyth these my barren flowers, tho it were in May or Iune. If you make any hony of them, I wil be ye glad­der to go to my graue in consummatione aetatis mei, for that to you and to my country, (two parts of my greatest care) I shal be assured some benefit will redowne by the reliques of my collections, whiche I neuer tended for my owne prefermente▪ so muche as for the aduauncemente of the common wealth, as is to be gathered by my beggery, [Page] which perhaps I might better haue withstoode, if I could haue giuen my selfe Adulari, and Sycophantari. Your coun­tryes welfare must alwayes be your onely and greatest care. The florishing whereof is the Princes strength and toylity, the nobilities quietnesse and greatnesse. For as a King cannot King it, without people, nor Lordes Lord it without Tenauntes, no more can nations liue in commō welths without the higher aucthority: The musicke of which thrée ioyned and agreing in one, doth make the olde onelegged man, hop for ioy, and the white heares to dye in peace. See how god hath giuen to all men the liking of the land and soyle whereout they are bred. I wil not speake of delicate France, of fat England▪ of fruiteful Italie, of careful gouerned Spayne, of wanton Germany▪ and other like countries, wherin we haue not onely more than suffi­cient to feed and cloth ourselues with, besides many nice & superfluous delights, but neuer dered with extremity ei­ther of cold or heate, or for want of ciuil rule to condemne our quietnesse. But go to the naked Ethiopes in Afrike, whose sowty couler and caue dwelling, declare ye persecutiō they suffer by heate, banning and cursing the sunne going down who leaue them for al the shifts they can make as smoking browne bread newe drawne out of the Ouen, their homely diet serpents flesh, with a fewe sterued cattel whiche they haue in estimation as theyr liues, naming their children by their names and not after theyr fathers, for that they acknowledge the sustentation of their beyng of them, and for the same, liue in continual warres among themselues. I count not thicke English Beefe, or Bacon, neither yet the Licor whiche presently eyther they must quench their thirst with or dye, the wyne of Orleaunce. Not far from these faire babes dwell the Tawny Moores the Azanegies, who feed not to fill their bellies, but mea­sure their hunger by the stoare of victual which most ba­ronly and scarcely theyr Country yeldes them. Your Acra­dophagi, as fayre as goodman Negro, is pleased to leape at [Page] Saint Iohn Baptists locust, and contents him selfe with­out chaunge with that viandrize. These people liue not aboue fourty yeares, and in fine moste pitifully are con­sumed with flying Lice naturally breeding in themselues. Also the Icthiophagi, birdes of the same bushe of Ethiope, who liue only by fishe, not for Religion as Charterhouse Monkes, but as hungry Dogges, without sauce, for ne­cessity. These and other infinit nūbers vnder that scalding heauen and in [...]terile soyles suffering their purgatorie in this world, yet home is homelyest wyth them, they wil not away. God and nature hath so combyned and chaunged their likings too their country, as they will say with the Scottish man when he comes to London, or to the fayrest Town in Europe, ye Edenborowe except) it is the godlyest place he euer set his foote in: euen so wil the nations reci­ted not sticke to fal out wt hym yt wil disprayse their dwel­lings, although as there is statelier buildings than Eden­borowe, so is there more pleasaunt clymates and fertyler grounds than Ethiope: I may not goe thorowe with so ma­ny southren people, as by bookes I coulde recite vnto you, for spence of time, and chiefly when a fewe may suffice. But now let me lightlye runne ouer some particulars of the vnmerciful sternenesse of the Northern Pole, as heauy to the inhabitaunte felers for extremity of the cold, as the parching sunne importable to the vggly Moores, and yet Country quart, is good quart. The vrchins wil not out of their Denne, they wil rather liue in natiue lande with these discomodities following, than change for the Para­dice of Fraunce, or the Kitchin of England. Firste go no further than to Islande a corner at hande, which in Sol­stitio Hiemali, enioyes smal sunne, but the people there for that time at our noone dayes (if they haue no candel) may play at blindman buffe, their colde is horrible, their man­sions Conney fashion, their drinke is running Water, weake califaction for such Wether as is there: Their dreade dried fishe, Corn, and Licor▪ not fit for Ladyes. But [Page] if they happe of a candels ende, some course barley Cantel, and a sope of smal beere, they are so gallant, and wel plea­sed, that they desire not my Lord Maior of London too bee their kinsman. I wil not talke of Norway, nor of Sweden, Finlande, or Gothland, nor those adiacent countryes too Denmarke, in the warmest whereof wee Englishe olde beaten souldiers would oftener blow our fingers thā wash our faces. [...]nd like to Naples, the Paradice of Italy, in cō ­parison too Muscouia, parte of Ruthinea, Temthia, Bothi­nia, Lappia, Tornia, Striphinia, Finmurchia, and Piar­mia, in the which, such bitter windes, such great hilles of Frost and Snow, such thicke vncomfortable clowdes, such large nightes of halfe a yeare long, such seldome sights of that comfortable gentleman Maister Phebus would make a man lay the key vnder the dore, and wishe the deuil too heate the country, and the sunne to warme them. What should I tell you of the incredible operation of that coun­try, congeling of the most violent and as it is vnnaturall (in respect of forcible mouing) of the windes, the terror that ordinarye tempestes and lightnings bringeth, no lesse to be beleued than liked? what of that penetrating cold that boring out the inhabitants eyes giues them the sauce of hunger, Optimum Condimentum, and smal soppes to their dinner, flées their skinnes of without edged toole, makes them blowe away their noses in their napkins, and yet plages them with catars rewmes, and will you haue the English worde truely, the playne snotte and sniuil, so as though the nose be gon, they must wipe where it was, or else some vnsauerly matter will runne in their mouthes. I ouerpasse a great company of incommodities, the lest of the which would sende many of our nice faulte finders once a day into a slow of Cowe Casins, & glad they had it too. Al these inconueniences and wantes, huntes not the borne whelps to séeke new footyng, neither makes them ye lesse careful with manlike war to defend their indeuors. Thus see you barbarous Ethnickes, wilde Christians, and su­perstitious [Page] nations at this present if you search their pro­fessions, to the whiche (I meane not too digresse) to leaue theyr natiue country. Well I tell you, but yet I must further, bycause I cannot omitte those country louers, whose memory, wel meaning writers to vs, haue sent vs, for a token to followe. I cannot runne ouer all their acti­ons: some I haue perused and more forgotten, but too a wylling minde, a fewe honest examples may enduce too the contrary. I shall but Lateram lauare, tho I were ne­uer so curious, an vnprofitable office to mee, and as lit­tle beneficiall to my Bricke. But haue at you (whych is no fayre playe as olde gamsters reporte) wyth such mat­ter as I finde in auncient writings. At the laying of the first stone of Rome, Romulus made an Edicte that no person shoulde passe the appointed boundes of the Cytie, which Remus smyling at, and comming out of the same, Fabius Celer Cēturio wt a spade slew hym, wholly res­pecting the stablishment of the common wealth, and not regarding the peril mighte ensue hys rashe stroke. Looke vpon Horatius Cocles valiantnesse, and great ventu­ryng of hymselfe iu the wars, Porsenna Kyng of the Tus­canes, the resolution of Mutius Sceuola for the dispat­ching of the same Prince, the whole house of the Romaine Fabians in the warres against Veranius, were vtterlye extinguished, one childe except, whose lacke of yeares pre­serued his life, being more beneficial to him and his poste­rity, than the country zeale of the rest. By meanes wherof they yelded their dead Carcases. Decius Muries ye elder Consul with Manlius Torquatus in armes against the Latines, had both one [...]reame, that tho [...]e people woulde be vanquished, whose captaine shoulde be lefte dead in the field: They brake one with another, and agreed, that whi­che of their bands did first giue place, the leader must vow himselfe to the infernal ghostes, contented to dye: which Decius his chance was to do, & therby with great slaugh­ter of the enimies, the gaine was the Romaines. Publius [Page] Decius Muries his son did ye same. Titus Manlius Tor­quatus stroke off his own sons head, for putting in vēture by fight contrarie to commaundement, the souldiers of the Common welth: The prisoner Mar. Attilius Regu­lus his returne to Affricke to Barboras tyrannie, wyth his considerations alledged in the Senate, which induced him thereto. Publius Scipio Nasica chosen Consull of Rome with vnluckie shew of the Auspices cōming, would in no respect take vpon him the dealing of the office, doubting the incōuenience might hap to ye Empire, not by his wāt of abilitie, or good wil, but by euyl fortune to the state, & cō ­trarie aspects of the superor Planets, so tender a mynde he had of his Countrie. Silla surnamed the happy, for all his reuengeful mynde, when he had obteyned his owne will, & helde hard hand on his countrie, was content to restore the old gouernemēt of Rome, & to die a priuate man. Quin­tus Curtius his willing decay for Rome: Codrus ye Atheniā king for his people: also Themistocles that coūtriemā, for all the iniuries he had receyued at home, woulde rather willinglye drinke his owne bayne, than see his natyue kinde harmed: Melsiades of the same breede at Marathon against the inuincible scull of the Persians: Epaminon­das the Thebane, and thousandes more, for their wilful, entire, only, and auowed loue to their countries, haue su­steyned more trauayle, suffered greater torment, dyed as­sured deathes, and with better contented mindes, than men of this age can beleeue, to bee able to bee endured by mortlings which we al are. If Paynimes did goe so far in supremo gradu, looke to your selfe somewhat, who is a Christian, and so farre credited as Parliament menne are. They expect in you grauitie, wysedome, experience, and diligent consideration. Part of the which, as they be onely the giftes of God, as wisedome and grauitie, so experience and diligent consideration, be the confirmers that streng­then, and the artificers that beautifie their work, and pro­ceede of payn [...] taking, and good disposition of the minde. [Page] The foremost two bee the most beneficialst Ladies wyth their acquaintance, and the other handmaydes, or rather fellowe dames, so necessarie, as they cannot bee deuided, furnishe most commodiously the place where they come. These foure met in one man, make a happie person in particular, and where they ioyne in Lawe makers, there must needes bee a flourishing Commonwealth. What inconuenience doth followe, if you shoulde pipe after o­ther mennes whistles, induced thereto by a busie treble string, or a slight Scottishe Iygge, in one respect I haue already tolde you, that is, howe maister Iohn wil be thought of by the Prince and nobilitie. Nowe see what harme lightes thereby on those, who put their confidence in you, and what a Iohn you shall be made and thought of the whole world. If you serue the Princes turne, hee findes no fault: if you broke for the Lordes, they haue no losse▪ but they will take you still for a Iohn, if agaynste your trust you be wonne. In this seconde parte, if you daunce drunkenly, you will breake your shinnes, and be­ray your trusters, to whom you are bounde by al the laws possible. If all the Knights and Burgesses in Parliament were Vlisseses, the Syrenes might fal to a newe occupa­tion. But of that huge multitude that came to the warre of Tryoe, hee was taken the odde manne for witte and iudgement. If but one Vlisses coulde scape those fiendish monsters, and so few Vlisseses in so great an armie, what perill is to be feared to fall vpon our Common wealth, if many Syrenes, or any at all shoulde be in the trade of our whole trafficke of welth and welfare. They allured vnto them by all pleasant meanes the passengers, to spoyle thē for their owne direct and particular gaine: if you sing their songs, you are brought to it to please and to profit others, the acte in them is not so discommendable but you shall be the Iohn, and rewarded at the seconde hande: your faulte is greater t [...]an the Syrenes, who harme but the present persons for their owne lucre, you, present, absent, and [Page] posteritie, you cut large thongs out of other mens lether: you fle [...]e not, but you [...]ley: you write not lawes with Milke, but bloud: you sende not the Pyper to make poore men daunce in the countrye, but the Hangman to tye vp the rich, and take from the needy no more but all they haue: and thus muste your trusters suffer for other mens pleasures, who neuer after wil trust you, knowing you are such a mercinarie. The Parliament Sirene if he be of the Lordes breede, as manie times in your house you haue of their children, if of the familye of gentry, assure your selfe he is a Basterd: if hee loke neuer so bigge feare him not, he is a Coward: if he florish with neuer so fayre a tayle, he is an Asse. Noble & gentlemans bloud, wil not be woon a­gainst his duety, and specially where it touches his coun­try, neither with honor, threatnings, greate Territories, much calling, gay apparel, nor a ship ful of red Ruddocks. A valiant minde doth detest such chaffe. A wise man wil see the infamy of the facte, and with both his hands kepe his face from such a wounde. Who then must be your Parlia­ment Iohn, if you haue any? some durte daubers sonne, or Coblers brat, or such like whelpe of a worthy Kenel, who wyll play Cat after kinde, do the best you can: he is Came­lionte mutabillo [...]; yet for his harte the pretie pricke cannot be white: he liues by ayre (a foode of a smal substance) and he is of small contynuing, hee is Proteus Cousyn Ger­mayne when he failes in hand with his matter. But mark how like Iacke lokes the father, his eye shewes the relicks of his thoughts, hys countenaunce is forced, his gesture not natural, if his speech be not learned without booke, for the most parte he [...]acks it hardly oute, he sweates, there is no ioy in his face, he feares how he shal be taken, he lokes as he were fearde wyth Hobgoblyn. But what will you more? tho Maister Morrice dauncer be dronke, yet will hee daunce til he sweate for a clap of the backe of the chiefe man of the parish, tho he be the worse for it as long as hee lyue: euen so this your Morrice footer shakes his Belles [Page] among you, hoping hee makes good musicke, as the foole with the Towne Morrishers, forgetting his maisters horse collers be robde of their trinckets: if he ring for the prince he layes on loade, if for the nobility, he shakes both legges at once, he commends liberality, he prayses mercy, he ex­tolles iust execution of lawes, he matches religion where it should be, he soundes out zelous care on poore subiects, he preserues deligent watches for the enemy, he forgettes not to tell what a vertue frugality is in the highest. All these and many more good taches as may be, the King and Lordes are at ful furnished with. He hath bin forsoth per­hap at Cambridge and learned the fragments of a little Sophistrie, wherwith he with his glosing tong and white studied wordes may moue many wel meaning Gentle­men, who for wante of deepe iudgemente may say yea to their own preiudice, and the grauest heads without dili­gent heed may be brought to yeelde to consent to matters they would be ashamed of vpon ripe consideration, whi­che inconuenience, if it happen, what mischiefe shal fal to your whole state, who so blinde doth not see? When thys fine shaking tripper hath done what he can, I haue tolde you the thankes he shal haue of the prince and nobility: & when you shal so deare pay for your learning, wil you not with open throate hunte the foole with Basons? sure yes, vnlesse your simplicities bee suche, that for the sure keeping of your priuate houses, you esteeme a gir­ning pattering ape before the sad & true mouthed mastife. To turne the Cat in the panne, and to be a hirelyng, or a penny boy [...]or any particuler person, to haue clientes in matters of Parliament, is token of too muche vilitie [...] for couetyse is the only occasion of too muche forgetting your selfe. What should I write of this most filthie, vnnatural, and seruile vice, whiche shall for a fewe angels make you pleade as parcially in parliament, as in any other Court, not regarding your countrey, but the Iinks in your poc­ket. Such spokesmen I warrant you haue the matter at [Page] their [...]ingers ends, the writer out of the Copyes of Billes is set a worke, and many times too for drawing the cause they come into the house, and sitte with paper bookes, of­ten read them, wel consider of them, and why? for coūtries benefit (you may beleue them if you wyll) but marke the circumstances, and their pence are aswel hearde chocke in the Sachel, as the white paper séene in hande. Why? the bil is ether priuate touching some one, else some very few, or else some one corporation of Citie, town or Marchāts, else the fraternity of some occupation, or suche like: for in déede we dryehanded men, can not well tende the penning and copying out of Lawes, without a little moystnyng. But if they had any sparke of vertue in them, they would not preferre Chauke before Chéese, they would not like better of Carryn than of newe kilde victual, neither blind-féele them selues, and as much as they may others, with so foule a sauering vayle. The minde of many noble Panims haue abhorred such errours, and yet we Christs professors to ofte runne headlong without backloking. Crates when he went to study Philosophie, cast his worldely welth in­to the Sea, blessing them wyth a mischiefe, and that hee would rather drowne them, than they should choake hym. Byas in the hauocke of hys country when euery one was busy to saue somewhat, made no fardels of his substaunce, but Roge fashion in that respect, walkes awaye with hys ordinary weede, and being asked of some, why hee had so smal care of that which euery one so stirred for, replied, that he had all his wyth him, meaning, Learning and vertue. Themistocles, after the ouerthrowe of Marathon, seeing a [...]ead Corpes with Chaynes & Iewels, willed one to spoile it, saying, you are not Themistocles hym selfe, disdayning that vngentlemāly hunger. Pittacus being offred asmuch of his owne conquest as he would, measured his ferme by launcing of the speare, and more toke not (a small fielde to make a parke of, vnlesse he threw further than I can): Co­cles [...] an Erledome for his seruice to the common welth, [Page] he thought himselfe contente, when great matters were pressed vpon him, with so much lande as he himselfe being lame coulde plowe in a day, a recompence that my Baylie of husbandry for two yeres seruice wil frowne at: Lucius Quintus Cincinnatus was holding the plowe when he was elected Dictator, performed greate matters, retourned to his Clownish husbandrie againe, and twentie yeares after was eft called to ye roome, which he discharged better than any feed speaker in parliamēt can do, that I know: so that money did not the dede: Menenius Agrippa, a wel deseruer of the Romaine Empire, for wante of his owne purse was buried by contribution of the people: Martius Curiolanus refused great matters, and accepted a tryfle: Curius Dentatus hoysing Pyrrhus out of Italie, allot­ted to euery Pol fourtie Iugeri of land (euery Iugeri being taken for our Acre,) and reserued as much and no more to himselfe, affirming that there shoulde be no man whom so much wold not satisfie: to him from the Samnytes (he be­ing a rosting rapes,) was presented a great Masse of gold, but despising that goodly shew, he told them he liked very wel to eate such dainties as he had in hād in an Erthen dish and to rule those who had gold. Of al the large and welthy spoyles by him recouered of the enimy, he reserued but one gay wodden chaine, it was no doubt some matter of great price for the workmanship: The fewe bagges of P. Scipio Aemilius, M. Aemilius Scaurus father a Patritian of Rome, getting his liuing by playing the Collyer: the nedy­nesse of Epaminondas who was driuen to borrowe thir­tie shillings when he entred Morea in armes, refusing Ia­sons Crowns and the mighty king of Persians thousands: Photion was no mony mā, whō when Antipater would with greate summes haue hyred, to haue vniustly delte, answered he could not both bee a friende and a flatterer. Many hundreds might be named, that were sounde stakes to their countries, and for al their pouertie, would not cry Quid vultis mihi dare, neither yet receiued when it was for­ced. [Page] O wold to god, that in places of iudgemēt and iu [...]tice, and in ye harts of al executioners & makers of Law, Epa­minondas his opinion were grauen, not to be bought frō his country with any price, not to be l [...]d to do a thing vn­lawful for any gaine, and what right and vertue did re­quire for vertues sake, freely to do it. Cato Vticensis, was of the same minde. Come not into the sacred Senate (for so may I wel terme it) with that ragged robe of couetous and Bribery, eschew it worse than the infection of pestilence, leaue it to brokers, to exchaungers, lay it in the merchants warehouse, bequeath it to the vsuring Iewes: for if it catch holde in you, farewel religion, farewel morality, farewell Iustice, farewel discharge of duty, farewel truth, farewel care of good fame, yea farewel your owne contentemente how gay so euer the matter seemes: If for affection you stretch a string, you cannot be excused, for tho it carry some shew to beare with your friende, yet is it none indede, for your Country is the only marke you must shoote at. As for particulars, they are not incidente to the cause. Aristi­des (termed the Iust) was so precise in the time of hys gouernement of Athens, that hee auoyded the amity and familiarity almost of all, bycause he would not be entrea­ted by any to do vniustly. Cleon, whē he toke the charge of the common wealth vppon him, called al his friendes, re­nounced their friendships, alledging that amytie was a stop many times to the right course of Iustice: he renoun­ced affection, he cryed out of enuy, he detested too wel stan­ding in hys owne conceite. Another waye Sir Thomas Androwes, a worshipfull Knighte of Northampton Shire, was by a yeomanly man his neyghbour thoughte to be sometime to much affectioned to the matter he liked wel, to whom he brought a great Brawne: the seruaunt letting his maister the knight vnderstand of thys present, retourned him to knowe the giuers name, which hearing, he coulde not cal to remembrance any suche, but forth he comes, the presenter doth hys errand, prayes his maister­ship [Page] to take in good part this poore pigge, and with very lowe cursey wishes it better. Sir Thomas sawe the Swyne was good with mustarde, accepted the gifte, de­maunding his neighbour why hee was at that coste with hym, sith he neither knew him nor euer had done him any pleasure. True it is (quoth he, with a long leg in his hose) neither will I require you too doe mee any: But I be­stowe thys hog on your worship, that you shall do mee no harme. Here is a new kind of Brybery, which this country man was driuen to (as he thought) by the parcial affection he feared in Sir Thomas. The like in effecte fell out be­twene an Essex farmer and maister Anthonie Browne in Q. Maries time, a whyle chiefe iustice of the Common pleyes, a man of good spirite and wel read, who hauing v­sed the helpe of his neighbours towards hys building be­sides Burnedwood, till they were weary, and denyed further supply: the house must vp, my Lords Balife wil haue carts for loue or money, and so he offers largely both: the tourne is serued, my friendes Carters must al dine, out comes the stewarde, willing such as bounded for good wil, to come & feed in the parlor, and the mony people too hinde it in the Hall: my farmer at the Oyes went and walked his stations abroade, & being demanded whether he woulde be a gentle­man or a yomen, he saide neither in thys respect, for (quoth he) for good wil I do it not, for I owe him none, nether for money, for I force not of so much, but for feare, and there­fore I see no rome for me. I pray you aunsweare mee, if you had a matter in lawe before any iudge in Englande, and hee shoulde either by corruption or blindefelde af­fection wreste a pin againste you and ouerthrowe you contrary to iustice, woulde you not iudge hanging too good for suche a coyfe manne, yes assuredly. Then in the parliament, where you sitte to make Laws, wherby Ma­ster Iudge himself & al ye rest are to be gouerned, if you be brybed wc pelfe, or led by liking of a perticular to beguile your trusters, to bynde and poll innocents, to wrong the [Page] righteous, and to set the welfare of your cuntry at nought. If Cambises pluckte the skinne ouer Sisamnes eares for lewde iudgement in particular causes, what fleying and torment is not too good for the corrupt lawmaker, who is supra iudicem? If malice and enuie shall so reigne in you, as to disgrace the holsome aduices of your countrey, you wil refuse the matter, bicause you fansie not the man, and ca­uill without cause, not onely to haue the motion reiected, but also the partie deseruing well vnsemely to be barked at, not only by your self, but by other pupsies of your own heare, the like detryment as before shall happen too your country. Yea and more infamy if more may be, shal lyghte on you, if it so were that vnkindnesse or rather implacable wrath, yea the Northern deadely fude were betwene you & some other, ye ought to come to the Parliament counsell lincked in amity, sounde in fidelity, and perfect in sincerity one with an other, and as a teame of horses must draw all togither, so muste you wholly ioyne too your businesse. There are many times vnruely Iades, vnagréeing and lā ­ching one at another, being out of their gares, but in the carte they fal to as they should, else he that loyters most, or playes to much the gallāt, is wel lambde for his labor, cōmes home as weary as the rest, is vp in Royles stable, & if he sooner mende not his manners, Maister Miller must haue him, who will coole hys courage with halfe a dosen Sackes on his backe, and he on the top. The weight shall make him amble and manerly tread, and sooner he shal be laide on for groning, than for kicking: so if malice and dis­pleasure to others shal make you to stomack them abrode, yet in counsel for your country draw together, else wil you be ready for the Miller, who wil lay harde hande on you. I meane the honest and wise meaning gentleman, not by batting, but by condēning your vnruled apetite, and lamē ­ting your mayme. The serpent (for so are all venimous things named) that crepes on the Earth, when for breede sake at the water side he séekes out the Lamprey, hee firste [Page] puts forth hys poyson, and as nature hath taught, calles, to whom the Lamprey as willing comes forth: The acte of their kinde performed, she to the flud, he to the Earth, ta­king vp againe his venom, returnes, which if perhap hee finde not, present death ensues. Here do you see that of all creatures the vylest and most accursed doth in daunger of hys life put aside the whole substance of the same, by pure­nesse and cleanenesse to associate hym self with that Crea­ture whom he wel knowes doth not holde of his mixture, and wil rather venture his owne vndoing, than hinder yt which naturally is appointed. If the Serpent doth thys, following but onely a course by kinde, and is allowed of. How much more is a Parliament man, who by nature, by the commaundement of God, by the profit redownding to hymselfe, the duty to his Prince and country, bounde too vomit vp and to bury in the greatest déepes; that consu­ming & pestiferous canker of Malice, by the which so ma­ny mischiefes light vppon the Lampreys good soules that thinke no harme. This Serpent is venimous from the be­ginning, the lacke wherof is his ende. Man by the first fall proceeding by the delusion of the Serpent, is subiect to in­temperate choler, hate, despite, enuy, & many weaknesses more, yet this subiection brings no such necessity, y malice is so incorporate in a man, as the poyson in the Serpent, for the one cannot haue being without venome, the other most quiet and assured life here without malice and a very good token of a better tourne after his disceasse. What a Iewel loue and vnity is, dignity doth teach: what ouer­throwe to states and kingdomes doth hap by deuision and discorde, scripture doth no better shewe, than dayly experi­ence confirmes, this great Mon [...]ter, thys daungerous con­sumer, this vnrecouerable spoy [...]e [...], most commonly takes foote by trifles, is nourished by trifles, growes mad by tri­fles, and triflingly in the ende brings it selfe to naught, and as many more as it can. A [...] smal sparkes kindled in back­corners many times spredde to such large flames as the fi­nest [Page] buildings and the greatest Cities be thereby brought to ashes, so first vnkindnesse conceiued of tales encreased with ouerweaning of a mās selfe, & made ripe with choler, ouerthrowes the making of holsome lawes, the due exe­cution of those be made, brings continual disquietnesse to al that any way [...]e sib to the matter, priuate slaughters, furious actions, neglected duties, hateful companies, ieli­ous assemblies, ciuil warres, ruine to the common welth, and condemnation for the immortal power. Themistocles & Aristides, the rulers of the Athenians state, did often iar, & were but hollow friends: but whē they ioyned in the seruice of their country either to field to strike it out, or to Ambassage to reason the businesse, they laide aside their old & vsual hart burnings, and at their retourne resumed thē again. Phocion for no offence wold be displeased with his neighbour Citizen Liuius. Salinator being Consul wt Claudius Ne [...]o his contrary, sought his friendship, least by their disagréemēt, the common welth shoulde receiue harme. Cato Vticensis as he most stoutely stoode against al men, yea Caesar him selfe in ye behoofe of the common welth, so did he neuer stur vp in minde any vnkindnes or iniury done to him in perticular. Cretin of Magnesia seing ye City in daunger by the cōming foreward of Methrida­res conquestes, and doubting more peril to it by the ambi­tiō of Hermias his fellow countrymā & his misliker, per­ceiuing y the stomack of one town could not disgest two so [...] mate [...], made him this offer, to choose whether he would defend y towne [...] home, or spend his time abroade? [...] left y helme to him, departed the town wel fur­nished by Cretius liberality, who cōtrary to all expecta­tion holds his owne. where the [...] Hermias [...] his [...] than ye enemies weape us. In these persons their [...] to the [...] considerations rare, and their treading [...] of affections a thousande thousande times too bee extolled. The Lacedemonians, bycause they would [Page] haue their children eschewe dronkennesse, they vsed theyr slaues by ouermuche taking in their Cuppes too playe the [...]anykin beastes, and then were the [...]outhis broug [...]e to sée that so swinishe and vnnaturall sight, which they coulde not but abhor, and the sooner beare awaye, to auoyde such er­rors. In like manner, if you will beholde the malicious and collericke man in his vaine, all the parts of his body shakes, he is Paraliticus, his colour either is earthly, or very extreame Crymson, his eyes fyry, his visage wryed vnnaturally, his voyce lost & abated, his experience forgottē, & lastlie his sen­ces cleane ouerthrowne: he presupposeth that his wilfulnes in setlednesse, his threatning currage, his cruell disposition a token of an inuincible minde, his scolding hate of vices, hys heate zeale, that he is temperate & yet Tombedle [...]s worse, and in fine iudging him selfe not to wante any vertue, hee wants all: that he is sober, yet berayes him selfe euery daye fowler than the beastlie Bacealean: that forsooth hee is a good Maister of sence, and yet wel knockt by euery boy, and in hys best cunning breakes his foles face with his owne weapon. These persons be of weake natures, voide of learning, depri­ued of reason, blind in iudgement, forsaking remedy, refusing aduices, giuen ouer to their owne appetites, carelesse to loose their friendes, h [...]delesse to purchase enimies, ready to strike for euery wagging of astrawe, patter they care not what, & so assuredly gracelesse and not to be accōpanied with. If you woulde be rid of this infirmity, beholde your selfe in a glasse when these passions come vpon you. If you be scratched by the face, you wil cal to sée your hurt, to viewe your malicious col­lericke minde, which wil appeare in your visage with grea­ter disgrace than tearings to the bone: will you sende for Galen, if he were aliue to helpe your head ake? will you en­treate the Marchaunt from the Mollucce to bring you spice, to comforte your disgestion, and wil you not putte to the sea, sende your factours, yea go your selfe to Anticera out of that friendly Ile, to bring home the hole bottomes ful of that be­neficial herbe Helleborus so mollify your malice, to banishe your coller and to make you for sweare your fury, stick not [Page] to bestowe some pence vpon the confection Nepenthes, which wil ease this want. Children and fooles, and some weake wo­men growe in frensies when they may not haue theyr owne wils: the child saith, giue me some of dat, or I wil tel my mo­ther: the foole if you please not him, he wil bite his owne flesh and sée who shall haue the worste: the good wife, if hir trinc­kets be forgotten, she puts the finger in the eye, bytes the lip, and perhaps sweares knaue, and all for lacke of a ladle or such like. Let the furious enuious man at his home-comming reuolue his actions, and he shall perceiue not all wel, vnlesse he will perforce be blinde: If he haue shamed himselfe, and iniured his better, what helpe? how can this be salued? with crying Peccaui? that goes harde in a Parliament house, in secrete so to say will not serue, for that the partie wronged hath no ful recompence. Beholde some of our ordinary crea­tures, and you shal sée such implacable disposition in them, a [...] shew greatly the Collerick man. The Backe being in hand, wil not leaue byting hir selfe: the Badger kepte perforce frō his vsual libertie, makes no spare of his owne fleshe: and ma­ster Iacke Dawe (a daylie acquaintaunce of our poore men that dwel in thatched houses) wil rather dye for peuishnesse, than take bread at their hands who willingly giue it. Such a bug beast was Stesiphon, who would bite his Moyle by the eare for stumbling and kicking, Moyle it wyth his heeles at the poore Asse. I once knew a gentleman at Boules, who not liking of his fortune, made a quarell to his Boule, fynding faulte therewith, ofte throwing it againste the pales in great choller, by chaunce or what I know not, at laste it rebounded against hys shynnes, and welfauoredly brake thē both, wher­wyth the Dagger comes out to reuenge this mischaunce on this poore péece of wood, and snapping therevppon, the Scot­tishe blade was snapt in peeces: O dirum facinus & quouis animo creduli dignum, Alexander that glorious Conqueror and great Monarche, endued with so many good partes and gifts of nature, neuer touched his honor, but by this filthy choller and fury, whyche hee being possessed wyth, most vnaduisedly slewe his faithful and wel aduised follower Clito, brother [Page] to Hellanice, nurse or rather mother to Alexander, as hym self accompted, who had at the iourney of Granico saued his lyfe from the blouddy fistes of Spithridate. And Phesas played the Tirant vpō Calisthenes, most cruelly inured vp with a Lion that odde Macedonian leader Lisimachus. The lettes that O­limpias his mother conceiued against Antipater the Lieuete­nante of al Macedony in hys absence, hir continual complaints to hir sonne of him, made Alexander first loose a good seruaunt, and after his owne life, Cambises that frantike king of Persia, by fury and light taking of displeasure, slewe his owne bro­ther Smerdis, killed and repudiated his wife Atossa, for condē ­ning the Acte, and vpon a time putting a Lyon & a dogge to­gether to proue maisteries, the dogge put to the worse, an o­ther of the same litter taking parte to helpe, at which sighte his other wife Meroa ruing the death of Smerdis, who founde no succor or ayde, at the last he commaunded to be dispatched. Presastes his sounde and assured at all assaies, vpon his own demaunde for coūcelling some abstinence from his dayly ca­rowsing (a thing misliked among the Persians) led with fury, forgetting all reputation that the duety to him had wel deser­ued, and so much of iustice as is lamentable, playde VVill Sommer, stroke hym (as it were) that was nexte, tooke the sonne of Presaspes, claue his harte with a speare for dispite before his fathers face, caused it to be plucked out, & shewed how right he could hit for al his cups. Sophias the Emprises peuish minde and malice did hardly rewarde that famous & fortunate defender of the Empire Narses, to the great detry­mente of the same: and manye more but for spence of time, might be rehearsed, whose sodaine choller, fury, and vntem­perate rage, hath caused full o [...] to be wise after, and repente their blindfelde executions. Did not Xerxes that mighty king of Persia in an other manner of distemperature, for the effecte of his doings, shewe him selfe a tal gentleman, at his cōming downe vppon Grecia with an vnvsual army for the greatnesse of the multitude, and vnderstanding Mardonius his forgo­ing Captaine had loste many of his people at the moun­tayne At [...]os in Thracia by meanes of the Streightes and [Page] perillous passage thereof: he writes his threatning Letters to the Rocke, that he wil hewe it in péeces, bury it in the sea, make an Ilande of it (which with an inestimable charge hée did) if he suffred no better passage to the Persians. Himself com­ming to the sea at Hellespon [...], cōmaunded a bridge to be made to passe him and his company ouer, which ouerthrowne by Tempest, some of the workemen hee hangs, some other hée cuttes their noses off, some other puttes their eyen out: hee makes the sea to be canuast with cudgels, he throwes fetters and giues into it, to imprison the waters. What lamentable follie is here, that Xerxes shewes, whiche vnaduised choller brings hym to, and makes hym followe so soone with roted and implacable malice, on such who receiue no detrimēt ther­by, but him selfe diuers wayes greatly harmed. Be it that in­iury be offred you wrongfully and vnworthy, by odyous spee­ches, or vnséemely actes, remember Philip of Macedone, of whō Arcadian did nothing but rayle and lye, and that openlye al­wayes, and in all places. It so hapned that this Squire was met with in Philips country by the kings seruauntes, who aduised sharpe paymente for his paines: that would not be heard, but Philip sent presents to his lodging, and gently dis­missed him. After demaunding of Arcadians behauior, it was retourned, that none bestirres himselfe so much in his com­mēdatiōs now as he. Thus may you sée (quoth Philip,) what a Physition I am: It was tolde him howe the Gretians mur­mured hardly against him, and was moued by some to re­uenge the wrong: No (quod he) then will they in deed fourd me bad inough, for if I had euer hurt them, what shal I pre­suppose they wold say. Socrates patiance euery body knowes, who among other parts of the same, hauing once drawn his weapon ouer his seruantes head to strike, staying, remem­bred he was a Philosopher, & in furie, and therfore helde his hand. Pericles, that noble [...] bring most opprobrious­ly skolded at in the streates, at the heeles folowed to his own dores by a lewde person, bare it as belonged to so worthye a gentleman, and commaunded his man with torche lighte too bring this gentle guest home. Teleclus king of Lacedemonia [Page] answered a brother of his very well, who founde himselfe grieued that the Citizens of Sparta delte hardlyer and lesse dutyfully towards him, than to Teleclus: quoth hee, you misconceiue the matter, for you cannot beare any smal in­iury. Antigonus being to his téeth tolde of his vnséemely shape and laught at, coldely replied, that then he was much beguilde; for he toke him selfe to be a proper fellow. One shewed Diogenes varlets that mocked him, and I, quoth he, find not my self mockt. King Archelaus hauing water powred on his head, satisfied those that woulde haue him punish the doer, that the partie threwe it not vppon him, but on one he toke him for. Diuers Philosophers woulde not chastice when they were angry.

But to come to our owne time as it were. Let me not trouble you with too long a rable of those pacient people, but make an ende▪ with two notorious examples, the one of a late great and worthy Emperour Charles the fifte, knowne to manye in England nowe liuing: The other, of a poore Frier Gentleman our countreymanne Dan Peto, well kende to many in Queene Maries tyme. The Emperor lying before Landersey, where he had certain English souldiers in his ayde, in his greatest glory amidst his owne and waged straungers, a Spaniarde so layd at him, as no more maruelled at the lewdenesse of the per­son (whose country yéeldes obedient and patient men to the magistrate & no lauishmouthed whelps with such furious extremity, than at the mildnesse and curtious answere of so mighty a prince. The Spaniarde hightes him the sonne of a whore, a Bougger, a Marano, the most odious name wc that nation, & as many more, as eyther Ruffian or Rogue can deuise. Charles lokes at him, saying, Habla Cortesment saldado wythout any further sturre. Father Peto I meane for age of whom I might also well thynke, but that hys Friers weede who purchased hym a king Henry knocke, stayes me for saying to well of hym: yet his patience and answere, shewed him no ordynary Franciscane, but a wel [Page] meaning Fryer, if any of that Courte can so do, at the olde swan beside London Bridge, with two or three wyth him, the olde fellowe takes boate to the Courte at White Hal, which newe launched from the shoare, one from land sen­des hym a brickbatte, and therewith such a pa [...]te on the brest, that downe fel the feble▪ Frier halfe dead: some of hys company bussling to the Steare to reprehende this lewde or laudable doer (take hym as you wil) Peto stayde, say­ing, the stone was not cast at hym, but at his graye robe, for (quoth he) if the party knewe me, he would haue staide his hande. If such charitable forbearing be commendable where men are so hardely delte with, how muche then is to be condemned, that yre and choller, which as I haue sayd, kindled of nothing, growes of that moste pestilent plage of enuy and malice. Follow ye sound doing of him who is wary what speeches he vses, & glories in sufferaunce, and not that fether headed fellow, who braues in his furious & chollerike words, & loues himselfe ye worsse when he bears any thing. Plutarch gaue good councel to Trayan the Emperour, willing pacience in all occurents, mildenesse in actions, and to forbeare the hasty witlesse Braynes. If by your speeches in the Parliament you seke vaine glorye by far fetched eloquence and nedelesse phrases, delating the matter to shewe the ripenesse of your iudgemente more than directly to go to the cause and make it vnderstood, you may wel shewe some great florish of great substance, which in the end wil be found but froath, and al the sturre but [...]il mens eares ful of dynne, who wil finde yt the stuffe smelles of the Candel, and deeme you had bin better occupyed to haue spente a Torche in traueling to learne the nature of the lawe you woulde speake of, than a candels ende in stu­dy to play the Charlatane, to put your selfe to sale. The olde, graue, wyse and wel experienced Parliament man, if he discourse of any cause, if he shewe hys opynion, if hee laye before you what his long yeares hath taughte hym, he playes not, as the Hob of Hornechurche, who hauing [Page] neuer sene London before, nor London seene hym, in hys Christmas sute sente to Bartholmewe faire, entering at White Chappel, buyes nothyng but gaping seede, persua­ded that as he is delighted to gaze, so others omitte not too loke on hym, wherby it is night ere hee commeth to Alde­gate, and so as wise as Waltons Calfe, is fayne to retorne home more foole than he came, for spending of horsemeate. And why forsooth? bycause he hath bin so long in the sub­urbes, as he lost his market in the Citye. This man (I sée makes not a millers thumbe of his Oratiō, whose heade is bigger than al the body, vnproportionable, neither yet wt ­out hed and all tayle, neither Like fashion al belly, but as muche of euery one as is needeful. Englishe man like hee vses good woordes, the matter well declares his sounde meaning, hys countenaunce shewes the inwarde manne, the welding of hys body tels me he hath bin trayned in o­ther places than Horne Churche. He is aswell contented to heare as to speake. He confers patiently, wyth modesty, he yeeldes to reason, loues himselfe not the worsse if hys Arguments be confuted, nor enuies him whose reason is better allowed of, but embraces the manne greatly for him selfe. If his aduise carry the house, he prowdes not, but reioyces, hys country takes good, and the house repu­tation: he doth not wyth fleering taunting words, nor im­portunate yelling, snatch at hys contraries, nor desire their wantes to be seene, but fellowe counsellor like, layes some reasons before them, famyliarly confers with them, and friendlye manye times beares with the Collerick and vn­seemly speeches which men too wel deeming of themselues too oftē vtter without cause. If he play Alexanders part, by being a man, as errare, labi, & decipi hominis est, if hee kyll Clito wrongfully, if he treade amisse, he shameleslye beares it not off wyth head and shoulders, he repentes virginlike his errour, & doth not Pickepursse fashion face out a lye, til iust mends be made, he bewailes his mishap, as Alexander did most noblie in that hys action, he con­ceiues [Page] no priuiledge by being in Parliament to iniury a­ny man with opprobrious tauntes, a lamentable fault in such men: he playes not the parte, whiche once an aunci­ent gentleman and graue counceller tolde me he had séene some doe, which was, so intemperatly, rudely, rashly, and malitiously to vse some in that place, as he assured hym­selfe he thought they durst not doe in an Ale house, for feare of a knock with a pot. There are some who alwayes loue to heare themselues talke, and thinke their smokye forced eloquen [...]e swéete perfume and pleasante melody to mens eares. They whip it, they lay [...] load, tho sometime and for the most parte they want learning: their Accentes are héeded, the Pa [...]heses perfourmed, Allegories not for­gotten, olde stories brought in, Sackfuls of auncient sen­tences, and after the Spanish Fryers manner, they more harme the pulpit with knocking thereon; than benefit the audience, more disquiet themselues by broyling in theyr wollen wéedes, than moue the hearers with matter of sub­stāce, and finally, haue so great care of gay wordes, picked spéeches and phrases, ordering of their voyces (and as I may say,) trauersing their grounde, as they so muche for­get their matter, that as they neuer know what they haue sayde: so parts their churche Auditours aswell taughte as my Lord Maiors horse when his good Lord is at the Ser­mon at the Crosse Stratocles and Democlides were O­ratours at Athens, yet so may I not well terme them, but rather Italian triacle sellers▪ who neuer were but prating to the people, not to profit the common wealth, but to fill their owne purses by theyr Lampe studied ware, rather to delight than to do good, in so muche as they vsed betwene themselues in mockery, to aske whether they shoulde goe to their golde haruest. These men who carry their harts in their tongues, and not their tongues in their hartes, these womens children Oratours, these goselings talkers, shold be delte withal, as a very friende of yours and mine Mai­ster Nicholas Beamonde (whose honest gentlemanlye [Page] myrth yet remaynes) dealt with a man of good countenance of Leistershiere in his owne house: The tale is somewhat homely, but no homelier than wel done, and so wel, as tho it were much homelier, it were the homelyest parte of all too leaue it forgotten. A company of good fellow gentlemen, be­ing at bourde with this housekéeper, with whome Maister Beamonde made one, the goodman of the house had all the talke when the cuppes were wel gone about the bourde, o­thers woulde haue also had some wordes, but it would not be. When mine hoaste had wearied al the company, and him selfe very well contented wyth the harmonie of his owne [...]iddle, which stil he was doing with, Maister Beamond who as you know, is not amisse made for the purpose, let goe a rouncing poupe, which base was hearde aboue the Counter­tenor, or past meane of the wearysom melodie, not only of the assistants, but of the Musitian, who demaunding what the matter was, master Nicholas answered, he craued leaue for a word that way, for otherwise he could get none. Whe­ther it were well done or no, I can not tell, but I am sure it did and hath moued good laughter, & perhaps done no harme to some greate talkers that heare the same, I would to god these talkatiue folke wold but thinke how little good they do, what great paines they take, how they wery themselues and others, how men smyle at their follies and they sée it not, sure they are alwayes of the wise vsed, as Aristotle vsed one, who with a long proces de Lana Caprina had pattred vnto him, in the ende, quoth he, Sir I haue thus troubled you with my spéeche, not a whit (quoth Aristotle) for I toke no héede to any word you spake. Demosthenes was an odde Orator of hys time, as his Orations nowe extante do very wel witnesse, and would you not thinke yt he that found fault with thē for length, wente aboute to finde a knot in a rush, & yet Phocion was prefered before him, whose workes (more the pity) we haue not, for his short compendious substanciall and sounde spéech. If Demosthenes be long, who is short, to speake of our common talkers? Againe, there are diuers other very graue, wise, learned, and perfect deeming men, who neuer or verye seldome speake in parliament, of which some I haue knowen [Page] my selfe and lamented their dumnesse, bycause their spéeches I am assured most plentifully wold profit our cōmonwelth. The men I honor for themselues, but more for the good parts in them, which sith god hath so liberally bestowed, I woulde beseech thē and al others able to speake, not to put their lights vnder a Bushel. Pithagoras made a lawe, that the tongtyed man who could not speake, should be driuen out of the state: and then (with reuerence I write it) what blame are they worthy to haue, who can, and wil not, and in that place wher most néede is whereby their vttrance most fruite may bega­thered (and their ability most able to performe it) As no man can commend a yong experienced man who shall put foorthe himselfe in counsel to shewe his opinion before the aunciente and yeare beaten fathers, so what good minde wil not greue to sée the studied Doctours still, and the Children dispute in matters of greate weight: both doth well. Do not mistruste your own hability, as Thophrastus did, who taking vpon him to play the Oratour, when he came to it, coulde not vtter any one word. You speake among your countrymen, you speake for your countries aduauncement, and like a Countrymā of the wisest you shal bee accepted. Although happily all things should not fal out so point deuise as either you wish or others loke for. Isocrates that famous Oratours childishe timerous­nesse who can allowe of, who in Concione neuer durste open his lippes? As this maidenly bashfulnesse is to bee diswaded, so againe Cicero the Dad of the Romayne eloquence, his car­ful heade is to be followed, who with a warely feare entred Oratiōs. The erst named Pericles, vnwilling spake publikly, yet neuer ommitted his furtherance where it coulde profitte his Country. Wherfore as dainty regarde of spéech is to bée imbraced, so dumnesse according to Pithagoras is vtterly to be bannished. If you wil not speake, dare not, or cannot, let ano­ther haue place. England is no graunge, it can sufficientlye supply Parliament men. Thus (as you sée) haue I tumbled my tubbe, and founde my selfe occupied to lay before you with good meaning (whereout I truste you may reape some profit) [...]he notes minded in my passed yeares, and now for this pre­sent called to remēbrance. I beséech god you & al of this coun­sel [Page] of Parliament both now and alwayes hereafter, in all causes and at al times may be lincked in one concorde, frend­ship, and amytie, imbracing and respecting the wealth and e­state of your Countrey, that experience, learning and wise­dome abounde in you, that your heartes be of flynte, not of waxe, wherin threats may not enter, fayre words haue wor­king, nor briberie leaue print, priuate affections to bée quite vanished, malice and furie vtterly forsworn, selfelyking de­tested, vaine bablatiue speeches cryed out of, needfull words and tymes obserued and tended, and finally, your trust (as becomes your lykes) discharged, wherby religion shal be sta­blished and maynteyned, the Prince strengthned and assured, the Nobilitie honored and encreased, the meaner sorte mere­lye enioy their labour with duetifull mindes to serue wyth body and pursse their country and king, and with acknowled­ging due honour to their Péeres, which wil make not only [...] present age, but our posteritie continually to sing Te deum & Hosanna in excelsis for the pleasaunt and adamant state which England dwellers may iustly vaunte off, which to graunte and continue in seculum seculorum, God sende. Amen.


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