A letter sent by F.A. touching the proceedings in a private quarrel and unkindness, between Arthur Hall, and Melchisedech Mallerie Gentlemen, to his very friend L.B. being in Italy. With an admonition to the Father of F.A. to him being a Burgess of the Parliament, for his better behaviour therein. To the right worshipful Sir Henry Knevet Knight, the Printer wishes, worship, health and long life. AFter by an extraordinary means (good Knight) this letter with the appurtenances in written hand, came to be met withal by me, I was of divers minds, one way not to bestow the cost on such a trifle, an other way not to consent to the smothering of well disposed (as I take it) persons, thirdly not to thrust out what I found presupposed, with partial mind to harm innocents (as I conceive it) & having preferred will (be it so) before reason, I yield to you my labour and the setting my letters together, praying with all, that my good will may be accepted by you, who (I can well gather) a party in this tragedy counts himself much beholding to: and though I might direct perhaps my travel to men as it seemeth of very good avail, and friends to master Hal in this case, yet (good Sir Henry) you shall have it, refuse it not, take in good part and glory that your well doings deserves & hath thanks, not for benefit grown of your good motions, but for the rote of virtue joined with gentleman lie mind, which not in this only but in many other actions lays open to the world, and therefore needles for me to repeat: I leave as I began, wishing you all prosperity. I Know you have ere this expected my ordinary letters, which are to you into Italy from me out of England the remembrers, and I hope preservers of our old acquaintance, I measure you by myself, for I am most glad to read his friendly lines, whose presence, if I might, I would more willingly embrace. You may not misdeem for that I wrote not to you this last month: so it is that since my last being with you in Italy and else where, at which time, I desired to make myself acquainted with the state of foreign countries, I have sought aswell to learn what the horse means, as the cart, that is, in my return, I supposed I know all, because I had seen more than my neighbours, but finding mine own weakness, being questioned withal of mere England, wherein for want of experience, I could not answer, I found I had begun at the wrong end. I ran to gaze upon France and knew not Kent: I viewed Spain, and never was in Devonshire: exactly (as I thought) I judged of Italy, & never travailed Wales: I came home by large Germany, wherein I supposed I had a pretty sight, and yet not able to wade with you how the poor kingdom of Man is sited. And as I was ignorant of the seat of this land, so was I further to seek in the ancient rites and usual government thereof. Which considered, & finding myself a member of that body, I sought to mend my want, and to begin to take a better course, rather late than never: wherefore I have since my arrival here, endeavoured myself to understand mine own country: and my Father your well wisher, as you know, advised me at my home coming, to be content rather to learn than teach, to be more willing to hear than speak, and that (quoth he) you shall well find, that young men stand better for the most part in their own conceits than there is cause. I am a member of the grave, great, and considerate Council of the Parliament, the which my room, I will labour you shall have this next Sessions (if God so please) wherein what you shall find, declare at your home coming. For wrastelers (quoth he) think themselves strong men, till they meet with their betters: good wits specially standing in their own lights, for affection sake, can abide no disputation. Take the best and leave the worst, and you shall reap in few lines the travels of my old years. Read me this short advice, which here I give you and with that wretched me a small Book of his own hand writing, the copy whereof, I send you herewith. All this some will think needless, as things not according to our usual advises. I so confess, but because I mean to leave the occurrents daily looked for, as news, and to writ to you of a case happened of late here, which though it be of no great importance, being the action of mean and private persons, yet two causes moves me thereto, which are these: The first for that men willingly hear matters of those, with whom familiarity and acquaintance hath been: next, because I have heard it often spoken, that it is evil to belie the Devil, and that I see and hear such untruths spread abroad, and also I must needs say, of some, who know their words are wrongfully wrested, to the great prejudice of the credit of Master Arthur Hall, whose company at Padua, the year 1568 you once were glad of, and thought it a contented meeting, which happened in that town between you two, I in company, at Antenor's tomb, where first you had sight one of an other, is the second occasion, that I writ of this matter, at this present unto you. First assure yourself, that what I deliver unto you, is most directly told, without leaning either to the one side or to the other, for I have taken great observation in my collections, though some perhaps will think, the matter deserves no such travail. To describe the man unto you, I think I need not, your knowledge of him in Italy, can sufficiently judge what he was: than you may remember, God hath done his part on him, (as we say in English) his capacity, his sensible tongue at will to utter his mind, no want of audacity, of sufficient courage, well disposed to liberality, loving and sure to his friend, secret where he is trusted, and I have found him to have great care of his word, not wholly unlearned, with a smack of the knowledge of diverse tongues: the inclination of the good parts which do bud in him, I may not omit, and so likewise not forget the taches of his mother Eve, which I found in him, which are these: Overweening of himself, which brings many infirmities to the person which is infected with that canker, furious when he is contraried▪ without patience to take time to judge or doubt the danger of the sequel, as yourself is witness of his dealings at Rome, at Florence, in the way between that and Bologna, and at Bologna itself, the year above named, so implacable if he conceive an injury, as Sylla will rather be pleased with Marius, than he with his equals, in a manner for offences grown of trifles. But herein I have told him my opinion, which is, that sith he will lean so much to his own inclination, that God will send a shrewd Cow short horns, which hitherto he hath done to him. Also spending more time in sports, and following the same, than is any way commendable, and the less, because, I warrant you, Non friget ludus, for it is, ●ine lucro: the sums be great are dealt for. Thus much for the first person of this Tragedy. Now as touching the other, which was Master Melchisedech Mallerie, I need spend no great time about him, and that for two causes, one, for that you knew him in Flaunders of late time, as I could put you in remembrance by good tokens if I would: The other, for as much 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 sprite, ready tongue, in audacity forward, what else he was disposed to this needless, for the causes before recited, as I have partly said before. Some wise men will marvel, if this come to their hands, that I spend my time, to write to you so long a treatise of so small a matter, as of the unkindness or quarrel of two so mean Gentlemen, & therefore think I have little to do, or less wit▪ I have marveled often what the writers meant, to put to our readings the Round table knights, Bevis of Hampton, the Knight of the Swan, the four sons of Amon, Amadis, Orlando furioso, Espandion il Cavalleire del sole, Valentine and Orson the greeks, Olgarden the Dane, & a thousand more such trifling Fables, yet do I see many men of judgement read them, some for the tongue, and some for the matter, reap benefit of both: likewise I may not so wholly condemn this my travel, wherein only truth is reported, & (Durus est sermo, some will think) 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 profit himself in one of the two parts, that is, for the matter, which if he well consider, he shall find more than perhaps is looked for in so simple a Title: there is not so evil a flower but the Bee may gather honey of it. Who so desires to be delighted with Eloquence, let him spend his time in other store houses, for here he shall but lose his labour. If you will keep to yourself this Letter, or rather missi●e Pamphlet, I shallbe assured to avoid the diverse verdites of manifold judgements, and I am well pleased that you deem thereof as best shall like you. See the fruit of play. In the year 1573. there was one Robert Phillipson, who in Lothbery in London kept a table of xij. pence a meal for Gentlemen, where the xuj. of December the 〈◊〉 ere, M. Hall, M. Mallorie, M Edward Cordall, M. 〈◊〉- house, myself, and diverse honest Merchants of the town supped, supper ended, the dice was thrown on the board, who must pleasure the good man of the house by paying the ●oxe, and displease the whole company, by occasions, daily guinitye to so good an exercise: the sport lasted not the throwing out of every bodies hand about the board, (and yet all the company did not play) but M. Mallerie gave the lie with hard words in heat, to one of the players, who either for quietness sake, or for other cause, made small reply, whereupon M. Mallerie followed as he began: I can yield you no reason, neither yet if I could would I, for I am reporter now of the truth in all parts, and not a declarer of my opinion as a judge. M. Hal seemed to take the matter in hand, a thankless office (for speaking before he was feed) and said, I marvel, M. Mallerie, that where there is such company, which seem honest, you will to the prejudice of their small reputations use such unseemly words. Mallery made challenge that he would say so, who so ever durst be his contrary. Whereupon Hal tickled, swore, as he will not stick to lend you an oath or two, that for his gallant challenge, it were a good deed, (being no greater a man, for he was but little as you know,) to throw him out at the window. Here Aetna smoked, daggers were a drawing, one rose from his place, the other walked up and down, they would have gone together, but as god would they went not, the goodman lamented the case, for the slander, that a quarrel should be in his house, the rest of the company wished quietness: and for my part, I found the parties themselves reasonably well disposed to friendship. The matter was ended for this fit, with commemoration, how well one loved an other: as many times of evil beginnings comes worse ends: so now again on the other side, honest and friendly dealings well meant, sets the Tow on fire, for in february following Master Rich. Drake, a gentleman well bearing himself always, thou attending upon my L. of Leicester, but now the queens majesties servant in ordinary, advised M. Hall as his friend, to take heed to himself in play, forasmuch as he had some ways understood of indirect dealings touching the same: and specially for the giving signs of his game at Maw, a play at cards grown out of the country, from the meanest, into credit at the court with the greatest. Hal, took his friendship in good part, as he had good cause, & craved withal to show, whom he mistrusted, who as one not making tales on his finger's ends, named Melchisedech Mallery, as a man to be doubted off. In troth quoth Hal, yesternight he trod on my foot, I being at Maw at Mistress Arundels, the old & honourable ordinary table, as I may term it of England, but what he meant thereby I know not, I think no evil. The eight of March after, there was at supper at one john Crokes, who kept an ordinary table in White cross street of twelve pence a meal, Master William Daunsey, Master Drake before named; Master Nicholas Gorge, Master Francis Woodhouse, M. Hal, M. Mallerye, a●d one or two Merchants: some of them had been at o●● sport, some at an other, as I heard themselves repo●t, and some showed openly, what cunning might be used at pl●●: in the talking whereof I met them coming out of the ●ore about ten of the clock at night. Hal being passed not above twenty yards before the rest in the street homewards to his lodging, discoursing one with an other of the premises. Master Drake detesting such ungentlemanly shifts, began to condemn such practices, and withal recited what reports went of some (no● naming any) who kept company with the usual best gentlemen in the town, condemning their degenerate kind, professing themselves of the breed) in yielding, to so base, so abject, & shameless an occupation, as to take the worst part of all parts of the play in hand, which was, to give by secret signs notice of his cards and play, whose good meaning would have trust a horsekeeper with a greater matter. At these words or such like, M. Mallery replied, and said, that it were good he were known that used such lewd practices: why quoth Master Drake, you are suspected to be one of the number, with high words he denied it, desiring where, how, & of whom, he had been so touched. In generality, master Drake told him the opinion of many, his own judgement, & withal, Hinc illae ●●●brima, master halls speeches to him here before recited, yet that he had small cause to deem evil of him, forasmuch as he had delivered them in so good sort, as he did. Two days after, being the tenth of March, Mallerie came to Hal in Paul's, and within my hearing charged him very hotly, that he had reported him too be a Cousiner of folks at Maw. Hals answer was this, Master George Frevel a gentleman of my lord of sussex his being by, M. Mallerye I never said so believe me, for I desire not to have to do in your causes, in any respect. I went to Toys shop a Stationer at the sign of the Helmet, supposing this mat●er had been ended, where I saw together Hal, Mallerye, Frevel, and as it were with them, Master Robert Audeley, a gentleman and fellow to master Frevel perceiving them to cluster together like john Gray's bird, ut dicitur, who always loved company. I inclined to understand some more of th● matter. Mallery vouched that Drake would verify, that Hal had said as much as he had charged him with in Paul's▪ wherewith M Hal told him that he was assured so much of Master Drakes honestly, as he would never do it, also that he desired Mallery to choose some body else out, to show himself on, rather than on him, for that he desired quietness, & of all men would have no question with him, as from whom he could purchase no reputation, The same after noon it was my chance to be at john Crokes, where there is a bowling alley of the half bowl, whether doth repair many Merchants & sundry gentlemen, & in a Chamber above divers were at play: there was standing by M. Hal Master Drake, Master Richard Rich. M. Mallery and four or five Londoners. Mallery called Hal aside, told that now Master Drake was there, who would to his face affirm what he had given out, to him of his word in Paul's: they two went to him: he told Mallerye he had done him and M. Hal wrong, for he never reported Hals speeches in such sort, neither could justly do, but that M. Hal did not only give judgement of him in evil part, but rather seemed to excuse, or at the lest leave in suspense the evil conceived opinion of him, M Hal, was patiented, though M. Mallery were hot, and went his ways, not seeming to hear hard words, which Mallerie sent after him. So temperate an end was much marveled at of many, and M. Hal being demanded what he meant by so much sufferance, answered he was forced to be quiet, for as I understood after, he was then bound to the peace in no small sums for troubles in his own shire, wherewith I have nothing to do, it touches not this matter. Till the last of june. 1574. following, nothing happened that I can learn, worth the registering, between the parties, but evil words in corners one of another, small to the reputation of him whom they were reported of, & less to him who was the reporter. The same day at one Worms who kept a table beside Fleet bridge, in the late house of courtly & courteous Gilbert Walker, at dinner time, being there present my lord Cromewel, M Thomas Farmer, Master Finchame, Master Boother, M. Sidnam, Master Thomas Fisher, and others, M. Mallerie very warmly began to play with M Hall (if such rough pastime may be counted play) reporting him to be a knave, a fool, and a boy, and Master Farmer (like himself) hearing these words, said, he marveled that Hall should be such a man, hardly believing the same, because he knew him aswell as any other present. Mallerie followed again and prayed him to deliver too Hal his words, for (quoth he) a knave he is in denying his words he uttered of me to Drake: a fool, for that the last Parliament he used in the house such speeches, as he craved pardon, with protestation, abandoning them, and confessing his folly: a boy, for that he durst not go into the field with me. Master Finchame, much misliking such extraordinary table talk, and that of one absent, though Master Farmer were appointed to do mallery's message, yet did he determine to give M. Hall knowledge of the same, and coming into Paul's▪ met with him walking there, to whom he declared the fore-recited speeches of Mallerie, wherewith Hal fetching as it were a great gron●, said, Master Fynchman I am greatly beholding unto you, for this your courtesy, and wherein I am able you shall find me ready to pleasure you. But what an unhappy man am I, too have any question with such a one as he is, whose company● I have always (as I might) avoided, what injury is this to b● thus spoken of in, open place, where I am not to answered but be you with indifferent ears judge, what unkind dealing this is. As for the first part, wherein he charges me to be a knave, for reporting him untruly to master Drake, and then denying the same: I have witness enough how Drake himself did in all points discharge me to his face, of all sinister dealings therein. For that I am a fool, for matters passed in Parliament, I mean no disputations, you have heard enough thereof. But how fondly so ever I did behave myself there, I suppose it not a fit communication for an ordinary table. A boy forsooth I am, for so it pleaseth M. Mallerie to term me, for not accepting his offer, to deal in quarrel with him. Assuredly on my fidelity he never himself or by other moved any such thing to me, if he had I would have kept myself from the same: I trust you take it not for fear: but if any gentleman of account will accept the quarrel, I will so deal as belongs to me, or else confess M. Mallerye hath well reported: so ending with thanks to Master Finchman, they departed. M. halls stomach began to boil, as some cause he had, and more if all had been true, and presently he went to Master Farmer's lodging, which was hard by Worms, desirous to inquire more exactly of the matter, though Master Finchams' honesty and credit is such, as no doubt were to be made of his report in a far greater cause. Not finding Master Farmer, he went into Worms, desirous either to meet with him or M. Mallerye, the one for small good will, the other for friendship. In the dining room he found master Edward Gryvell, and master Butcher, and saluting them, he demanded for Farmer, though his errand were as much to Mallerye: they made answer he had been there, but now was gone: wherewith master Hall spying thorough the glass window, my Lord such, talking with another, and supposing it had been M. Mallerie, in some haste went into the cockpitte yard too him, and seeing my Lord putting off his cap, left him, and still restless in his mind, he returns to Paul's, where he meets Master Farmer, of whom he receives as much as Master Finchan delivered, and so much more, as it is strange that any man should have the disposition to utter: At Master Francis Woodehouse, lying in Charter house Church yard, at a lodging of my Lord Pagettes, and there met that night at supper, master George Cheworth, master Farmer, master Fincheam, and master Roberte Bale, where Malleries words were again recited. Supper ended, Hall went forth in some sudden, being required earnestly to tarry, but he promising partly to return, departed, and finding three of his men at the door, (as in very deed he hath kept more than his ability, as it is thought is able) though he had more in the Town, who were slacker in attendance: with them (whose names were Edward Smalley, john Nicholas, & Henry Woodward) he went to Worms, & found in the place, Master Butcher, Master Fisher, and others, and at tables M Mallerie playing with Master john Spenser, son and heir to sir john Spenser, and drawing his dagger, ment (as he saith) too have stroke M. Mallerie therewith on the face, thought his back were toward him, Mallerie having a glance of his hand, bowed down his head crying out, wherewith M. Hall being ready too have followed with an other blow, he was held, the house growing full, as with my Lord such, many Gentlemen and other, by the noise of the struggling, and Malleries cry, in which time so recovering himself, drew his dagger, and might as easily have slain M. Hall being in hands as he had pleased: but what was his stay god only knows. M. Hall seeing himself in this danger, and his dagger also in that moment wrested out of his hands, with great furis said, will you hold me, while I am murdered▪ with that his three men, not knowing any part of the quarrel came in, of the which john Nicholas, having his dagger drawn, stroke over his masters head to have hit Mallerie: & he stooping down before M. Hal, scaped the blow, saving a small cut in the back part of his skull, with the point, the hilts light on his masters pate, & with the part of the blade next the same, cut his forehead. M. Mallerie would have run out of the door, but Woodward having his sword drawn, & knew not whom to strike, made him doubt. The blood fell 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 men's daggers ●●om them, was pressing to Mallerie, who with a great shreke, ran with all speed out of the doors, up a pair of Stairs, & there aloft used most hard words against M. Hal, as are before recited, moreover avouching he was a traitor, & in deed left nothing out, which might almost be to the prejudice of any honest man's good fame, and that in the bearing of Sir john Conway, Worm the good man of the house & others. My lord such used some hot speech too M. Hal, as he was a dressing, for that he used such disquietness in his lodging, but sir john Conway did very worshipfully satisfy my Lord, so that no matter grew thereof. Among the rest I remember, that M. Hal smarting in being dressed, advised the surgeon to use him well, saying he was beholding to his horns, that the wound was not great: there was that remembered, the old proverb, that it was not good jesting with edge tools. The next day being the first of july, M. Mallerie was at dinner at Worms, and therefore his hurt was not very great, where master Finchan was etc. there he gave it out, that he carried a revenging mind, & would be revenged on Master Hal, if he could take him at any advantage. To verify such meaning, Master Edward Randal of London sent M. Hal word, that M. Mallerie had affirmed, that he would show him an Italian trick, intending thereby to do him some secret & unlooked for mischief. Till the sixth of this month M. Hal lay at Master Francis Woodhouse his house, not being fit to go abroad for his hurt, but with a muffle in manner half over his face, yet upon business he had in the country of Lincolnshire where he dwells, he took his journey thitherward, that same day, hiring post horses, & taking with him one Roger Moor, servant to master Wodhouse, w●● was very fi● & in a manner acquainted with the dressing of such hurts as M. Hals was. In his absence M. Mallerie reported, that he was gone out of the town disguised, took none of his own men with him because he would not be known, how himself lay to meet him by the way (as indeed he did) & missed the knowledge of him, and in diverse open places offered ten pound to any man could bring him into the field, that he might try the cause. The 22. of july M. Hal came to London, where he had knowledge of many of M. mallery's defamations of him, yet that time so served for it, it had pleased their noble good minds my lords, the Earl of S●ssex, and Leicester, to accept in matching at shooting M. Hal, that he directed himself to attend on their honours the time of the progress, to perform the matches set down between them, and therefore with as much speed as as he could he dispatched his business to that purpose, which sooner he had done, with fulfilling of his duty, if his forehead had been full hole. The second of August he went to the Courtward, & at Sudley, the house of the Lord Shaundoys late diseased, now that old Lady's jointure, he found her majesty, & so remained, till his highness came to Winchester, where leaving the court the 14 of September, he came to his own home into the country. At Mychelmasse term following he came up to London, and so continued M. Mallerie and he many tims in sight one of another, and no harm done: but fatum is inevitabile, else Troy perhaps had stood, so it might have been this stage show had not made so many laugh. Of all days in the year it was the 29. of November, M. Hal dined at james Lumelius in Bishop's gate street, the son as it is said of old M. Dominicke, borne at Genoa, of the loss of whose nose there goes divers tales, but though he wanted a piece there, he wanted neither honesty, nor sensible good judgement. And coming by master Arundels, lying in his way to his lodging, for the men who own money in Cheapside like not always to be pluck by the sleeve, and therefore took saint Martin's the next way from Bishop's gate to Pater noster Row, he found at dice master Anthony Rush, master Drake, master jasper Moore, master Benjamin Hanam, and master Rich. Green, and fell to do as the rest: having tried the pastime a while together, master Drake left, the rest continued, in which time came M. Mallerye up, and pressed near M. Hall who was throwing the dice, who seeing his hawrie gate & countenance, plucked off his gown from his right arm, having a short gown of velvet on, & threw his chance out. Mallerie went thorough the room out of the upper door, as he had had to do with some Gentleman in his chamber in the house, wherewith Master Drake came to Hal, and said, you stand in doubt of him, he answered no, but lest he strike when I am otherwise occupied: quoth he, tend your play, mistrust not that, I will mind him He had no sooner spoken the word, but Mallerie returned, Hall still throwing the dice, & with his hand on his dagger pressed forward, Master Drake, stood between them both, which Mallorie perceiving, or whether he would not disquiet the company, went to the end of the board, it being square, and used the same behaviour, and then with the countenance he entered the house, he departed. M. Hall assoon as he had ended his throw, left play, and coming into the hall, met Smaley his man, to whom he said, jesus can you not knock the boy's head and the wall together, sith he runs a bragging thus? Smaley made answer he had not seen him: with this john Nicholas who had hurt Hal his Master, as you have heard, began somewhat to be sorry that he had not done as much as was spoken of, and swore he should have it. Whereupon M. Hal charged them in any case not to hurt him with any weapon, but if he sought any matter, to cuff him about the ears, saying, for the rest I myself will take order. To Powels M. Hal comes, finding in the Church M. Roger Townesende, M. Thomas Farmer, and Master Francis Woodhouse, with whom walking, he declared M. mallery's behaviour, at Arundels, in the midst of whose speech Mallorie entered the Church, and passing twice or thrice by Hal, with great looks and extraordinary rubbing him on the elbows, with spurning three or four times a Spaniel of M. Woodhouse's following his master and master Hal, john Nicholas went out of the Church at the west door, and so did a pretty while after him into the Churchyard M. Townesende, and M Woodhouse, who both entered a bookesellers shop, to look on Books. M. Mallerie with his man after him, went out at the same door. Nycholas spying Mallerie past him▪ hasted after, & ere he came to the two stoops as ye go to Ludgate, stepped before him, wherewith Mallerie drew his rapier, and bad his man take him to his sword and buckler, which both were done, Nycholas his sword not yet being out: a few blows they dealt together, they two upon Hals man, who they put in such danger, & might have done more, if they had well set themselves to it, as M. Townesende & Woodhouse were about to will same of their men to go to his rescue: but at the instant, Edward Smalley drew to his fellow, and striking at M. Mallerie, cut him down the cheek, and so the play was marred. Also after Smalley came one james Chamber, a servant of M. Hals, who likewise drew his sword, and his Master charging him therewith, he did protest he did it to save M. Mallerie from more hurt, and to part the business. Smalley returns into Paul's, and laughing came to his Master, telling how he had given him a boys mark▪ wherewith M. Hal was greatly offended, beshrewing him very earnestly. john Nycholas was taken by the Constable, and M. Hyggins the Serivener being bound for him, he was delivered. After supper M. Hal came to Mistress Arundels, where Master George Scot took him aside, and demanded of him whether he were privy to M. mallery's hurt, he answered of his fidelity and credit no, but was more sorry for it: yet withal, that he had aught him a worsle turn, but not to have been in that ●orte: yet, quoth he, what is done cannot be undone, therefore now it must be borne off with the head and shoulders: And that if any Gentleman will defend his cause, I will so answer him as shallbe accepted of; and though my men have done that which with all my heart I wish undone, yet may I not refuse them, neither will: withal he told M. Scot much of M. mallery's dealings to him ward, with offer to prove them by men of worship and credit, so that M. Scot seemed satisfied, & very friendly advised M. Hal to take heed to himself, whom he greatly thanked for his good warning, though he answered he mistrusted no harm. The first of December M. Mallerie for his hurt, had the advise of M. Silva a Piemontois, a practiser in Physic & Surgery, to whom he uttered such thondering speeches against M. Hal, & such heavy threats, that M. Silva mistrusted some great consequent would follow, & being very often with the L. Katherine Duchess of Suffolk, where diverse of M. Hals name & kindred be many times conversant, & some attendant on her, as a bountiful well wisher to the whole family, declared to her the danger he conceived was contrived against M. Hal: she very honourably gave him notice thereof, yet in part did condemn the hurting of M. Mallerie, for that some untruths touching the same, had sounded in her ears. The iij. of December M. Hal late in the evening being at M. Howes house a goldsmith in Cheapside, & his men attending at the door, Smalley was arrested at M. mallery's suit of an action of the case, the damages a thousand marks, for his hurt: his Master desired M. Henry Gilbert a Goldsmith next by, & M. How to stand bound for him, which most willingly they did as persons to whom not only at this time but at all other occasions M. Hal had greatly been beholding. During this pastime, M Hal had great warning to have respect to himself, & whereas he was often to pass between London & his house in the Country, the iiij▪ of December M. Drake very friendly told him he had heard speeches, which were, that he should hardly recover his own home when he should return, for such as lay in the way for him. The next day after M. William Hill, & one Walter servant to Worm, gave M. Hal to understand how M. Mallerie had with great protestation vowed to slay him. though these parces must needs be disquietness to the person of whose death so many determinations were given out, yet surely I found M. Hal made virtue of necessity, what soever he thought, he showed he bore the matter light. The xviij. of December the Court being at Hampton, master Hal supped at master controllers, Sir james Croftes, then and now holding the office, where was my L. Talbote, my L. north, Sir Henry Sidney now Lord deputy of Ireland, M. Gilbert Talbot, M. Henry Grey, and M. Thomas Cornwallis, with others, as myself etc. After supper the controller and the Lords going to the presence, M. Corwallis in the court where the conduit stands, called M. Hal, and desired to speak with him. I remember the time well, for I walked by, attending M. Hal with whom I had then somewhat to do: M. Cornwallis told him how Francis Mallerie a brother of M. Malleries, had been at the Court, and there with open mouth so exclaimed of the misusing of his brother, as M. Cornwallis himself seemed to mislike M. Hal for some wants laid to him, as that he durst not go into the field with Mallerie his contrary, how he set his men to hurt him, and durst not do it himself, how shamefully he was overmatched and stricken behind: and this did not only M. Cornwallis conceive against M. Hal, but many of the best stood now in suspense (by this means) of their judgement of him, of whom heretofore they never made doubt. M. Hal openeth the matter to M. Cornwallis, and withal what he durst do, they were both as it pleased him to believe them, but I think he departed better satisfied. The next day after, Sir Jerome Bows hearing all places ring how M. Hal should die the death, gave him warning carefully to look to himself. The xxviij. day M. john Wotton gave M. Hal notice that Francis Mallerie and his brother had it in talk, with secret fire in his lodging to be revenged on him. The twenty-three. of the same month M. Hal went out of London, and safely came to Grantham to his house. The xxij. of januarie he returned to London, and the xxuj. of the same word was brought him, that M. Mallerie had caused Edward Smalley, john Nicholas, and james Chambers, at new gate Sessions to be in●ited for drawing their swords in the Churchyard on him, the law being that therefore they should loose their ears. The xxiv. of the same month M. Mallerie supped at the Pope's head in Lomberdstreat, where were M. Cotton and other Gentlemen, and many merchants of the town, as Thomas Wilforde, Richard Smith, Henry Sherland and other: he began to fall to his old bya●, with like words as you have heard heretofore, alleging he had heard Hal was perjured, but he would not say he was a perjured knave, with speeches as some seemed sound to hearken to, so M. Wilforde as one not forgetting (though now professing merchandise) that he came from the blood of gentry, could not allow of such ungentlemanly wrongs, and therefore very roughly replied against M. Mallerie, a part more commendable than common, among men of his Coat, who I have found oftener readier rashly to believe evil reports of a Gentleman, than deliberating indifferently to judge of the truth. The thirty. of the same month M. Hal was driven to trudge to stay the proceeding against his men for their indictment, for M. Mallerie followed it with hot suit▪ he repaired to the court to my L. of Leicester, to whom he reported the danger his men stodde at, and craved his letter to M. Fléetewood the Recorder of London, that favour might be showed therein, the case being very hard, the which my Lord most honourably and willingly performed, and thereby the matter was a while stayed. The vj. of February M. Hal arrested M. Mallerie upon the action of the Case, for his slanderous reports, and Mallerie having about him a pocket dag charged, delivered the same closely to one Ward a Sergeant. Smaley the next day hearing hereof, came to his Master with the news, who presently resorted to the Counter in Wouldst re●te to the said Ward, and most earnestly and courteously desired to see the dag, which at the first he denied he had, but the slanders by vouching the contrary to him, dog fashion he consented, but answered he would not show it. M. Hal, went to Anthony Gamadge, an occupier of linen cloth, than sheriff of London, finding him in his shop in Cheapside by the end of Soper lane, to whom he declared that M. Mallerie carried dags in his hose to murder him, as himself did report: how M. john Wottons' man two days passed sent him 〈◊〉 that Mallerie had watched him in the night diverse times to mischief him, how ward the sergent had the dag yet charged delivered him yesterday by M. Mallerie. With much ado Gamadge sent for ward, (I Master him not, because in Norfolk I know his pedigree) who brought him the dag: himself found it charged. M. Hal desired some order might be taken therein. I think in my conscience rather to have Mallerie troubled, than for any fear he had of the matter, but all was one, for he had a cold answer of our London sheriff, yet such a one as he must be contented with. The xxj of February M. Hall was at guildhall to see the end of mallery's action against Smalley, and with him M. Roger Townesende, M. Francis Woodhouse, and diverse others, till which time M Mallerie had deferred for the trial, because he would have the jury fall in that part 〈◊〉 Cheapside, where his father did before his death devil, for so is the manner of the juries in London, that they serve by turns, yet the number not being full, it was for this time dashed. The next day again they came thither: M. Mallerie brought for his counsel M. Bromley the ●. Solyciter, M. weeks, & M. Fuller: and Smaley had for him M. Daniel, M. Maltas, and M. Kitchen: the issue was, Quod transgressio per Edwardum Smaley facta fuit ex iniuria propriae, which he did deny it read as the manner is to the jury appearing and called good men and true, as M. crier said: M. Fuller first began to speak to the matter, and very earnestly charged M. Hal with malicious and implacable dealing, with such a desire of his own will to be satisfied, as he cared not for the casting away of five hundred pounds if he might purchase the same: how he came to Worms, how he hurt M. Mallerie, how still he followed the revenge with an Italian mind learned at Rome (although M. Fuller never came in Italy and less at Rome, neither yet was ever acquainted with M. Hal, and therefore as blind men be to be borne withal if they commit an error, so M. Fuller speaking for his client is not wholly to be condemned,) tho M. Hal was never named in the Nisi prius, neither touched in the records: M. Recorder advised M. Fuller to go to the matter and not to tarry upon the declaration of Hals disposition▪ After Fuller followed M. Solicyter, not with vain speeches, and as very learnedly, so no less gravely and discreetly: than were deposed for M. Mallerie in his behalf, his own Servant, and one Thomas Hewes: his man alleged that three of M. Hals men were upon him and his Master, how Nicholas drew first. Hewes could say little, but that he saw them together and M. Mallerie hurt. Eglestone a Goldsmith also being sworn, affirmed he saw three men upon his Cousin mallery's man (for so he called him) and his Cousin's cheek hurt and ●●ing on his shoulder. Of the contrary part were 〈…〉 honest and worshipful Gentlemen, who stood by & advisedly marked the whole fray, M. Roger Townsende, and M. Francis Woodhouse afore named: their free hold which in the common Law of England is in such 〈◊〉 much respected, is large, and yet not so large, as their 〈…〉 their upright dealings, which among all men is in oaths to be most accounted of: they avouched that assoon as john Nicholas M. Hals man had passed M. Mallerie, that he drew his rapier & dagger, & bade his man draw his sword, before Nicholas had his weapon out, & that they dealt certain blows together b●fore Smaley came in & that with such danger to Nicholas, as they themselves looked he should have been mischieved. Further of Malleries hard usage of Hal as is recited before, the Council argued the matter to the jury, who went together, and M. Hal & the rest to dinner to the horse head in Cheapside, where there dined M. Townesend, M. Woodhouse, M. Francis Leake, M. Drake, john Crouke, and I myself: at the sitting down to dinner M. How the goldsmith came in, who had heard the matter passed in Guild hall, saying he was 〈◊〉 the jury would give great damages: wherewith M. Hal demanded with what conscience they could do it, if they considered their evidence, the manner of the act, and the condition of the persons between whom the action depended: every man spoke his judgement, not being of M. Howes opinion. In fine, they grew to particular 〈◊〉, what would be awarded to M Mallerie, and M. Hal gave How a Portegue, he to return two for it if they condemned Smaley in less than lx. pound, if above he to have it. This time M. Mallerie rested in guild hall, for two causes, one to see the sequel of his matter, the 〈◊〉 he dur●● not come forth, understanding that M. Hal had laid to arrest him again for the action of the case of more words: during which time Thierry the foreman of the jury came forth, inquiring for M. Mallerie, who was not found, for he had hid himself for fear of arrest: he 〈…〉 Richard Mallerie his brother, walking with 〈◊〉 in the hall, which one Guy took exceptions too, because the verdict was not given up: Thierry goes in again to his fellows, and presently they gave up their verdict, which was, Smaley must pay a hundred pounds for damages, and ●ij. peace for co●tes. Guy brings this news to M. Hal at the horse head, and with him M. Edward's the goodman of the house: whereat who rages now 〈…〉 the matter in dugion but M. Hal, who exclaims 〈…〉 and well spoken of friend's the Londo●●●●, 〈◊〉 now reputes of the defences to his ability he hath made for them in all places, where any thing was spoken to their rebuke: who now condemned himself for standing so much in his own conceit, to believe well of their good wills to him and his: who now finds that the paying of xxv. in the hundred in usury, and more than is reason gain in a yard of silk or stuff, did make him have so many Caps, and fair countenances but he? and yet must I needs confess, that in all his choler and heat he acknowledged himself as much bound to some Merchants within the walls of London, as any Gentleman ever was, allowing many to be worshipful, grave, and wise Citizens. Well what will you have more? the kill is a fire: the next day M. Hal gets him to his foot-cloth, & trots to Gray's Inn: there he desired M. Kitchen to show M. Sergeant Lovelace who was at the reading in the hall, that he was desirous to speak with him about the business in hand, who understanding between whom it was, refused to be of Counsel therein, for that M. Mallerie had made him privy 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, being not so careful to save the money his man should pay, as desirous to Cross M. Mallerie, and to make him reckon therein without his host. M. Anderson did marvel at the excessive damages that the jury ●ounde, and advised that 〈…〉, which no way liked M. Hall, alleging that it was impossible to touch them with perjury, who should be tried by their neighbourly peers, and that he could not find any precedent in the like, whereby any hope was to be had: agreed it was, 〈…〉. 〈…〉 M. Anderson 〈◊〉 to Guildhall, there sitting Sir james Hawes then Mayor, Sir Lionel Du●ket. Sir Rowland Hayward, & the 〈◊〉, be alleged divers points wherein error was committed, also the 〈…〉 with Richard Mallerie, wehreupon judgement was stayed. The next day after, the Mayor, diverse of the Aldermen, and the Recorder sitting, M. Daniel and M. Kitchen moved the Court for stay of judgement, and so was it granted till the first day of the Term following, with craving heed to be taken for amendment of the Record, which by M. Recorder, and M. Seabright the town Clerk, was willingly and perfectly granted. The first of March M. Mallerie w●nt to the Court, and used very hard reports to my Lord chamberlain, than the Earl of Sussex, and now also, of M. Hall, whose sound and honourable judgement is not carried away suddenly to deem evil of any Gentleman with the affectioned mind of an adversary. The next day after M. Mallerie went but to the highest, opening his grief to her Majesty how lewdly he was 〈◊〉, how violently laid to, how unable to revenge the injury offered him, how impoverished in purse, and damnified in person, most humbly desiring her highness of justice, and not to grant her pardon to M. Hals men, who stood● indicted as you have heard: her majesties 〈◊〉 was, that he should have justice, and that she never was hasty in pardoning, neither need he fear the same. This tale must he needs deliver also to my Lord treasurer, my Lord Burley, to the which giving good ear, as his manner is to all suyters be they never so mean, no usual thing to men in his place, he told M. Mallerie he was sorry if all were true he told him: and I surely think he would so have been, for how tenderly he hath always loved M. Hal in his youth being brought up in his house at School, how carefully he hath favoured him being 〈◊〉 servant, and what bounty he hath used toward him, since he preferred him to her majesties service, all the world knows. The ix. of May M. Mallerie arrested M. Hal in Westminster with a bill of Middlesexe for hurting him at Worms. The xviij. of May 1575. at the Sessions at Newgate was M. Mallerie and his man indicted upon the Statute, for drawing weapon in the Churchyard. The tenth of june M. Sergeant Harper, and M. Sergeant Manhood justices of the common pleas came down into guildhall in London, where the records were red, and found by Smalley's counsel to be amended. The xiij. of the same month M Hall went to M. Seabright the town Clerk, and found himself grieved for the mending of the Record, who made answer that the Mayor with charging words commanded him to do that which he did, which was that whereas there was no mention in the Record, that Smalley did appear in the Mayor's Court there, by himself or his attorney, that he should put in his appearance, for that forsooth M. Hodgeson Smaleys' Attorney confessed he had received his fee, therefore. The xxij. of june the judges came again to guildhall, and sat about the errors, appointing the first Friday of the next Term, for the further proceeding in the matter. The viij. of September M. Mallerie died at the sign of the Antlop in Smithfielde, he forgave M. Hall, yet with confession that if he had lived, he would have been revenged; he departed well leaning to the old Father of Rome, a dad whom I have heard some say M. Hal doth not hate. In November following William Huyt the servant of M. Andrew Mallerie, taking the administration of M. Melchisedech Mallerie● goods & cattles, by the advise of his Master, although, Francis Mallerie & an other of the brothers were appointed by the dead man, executors, sued the recognizance which was knowledged, for the following of the writ of error with effect. The xxv. of januarie M. Harper & M. Manhood came down to Guildhall, & there according to the first verdict and judgement given by the Recorder, whereupon the writ of error was brought, they proceeded with the like, so the Smaley must pay 104. pound ij. shillings, the overplus of which sum, it being above a 100L. pounds & xij. pennies given by the jury at the first, was for charges. The judges appointed that a warrant should be made out, for the attaching of Smalley, it retornable xv. days after, during which time if he could not be met with, Huyt should have out execution against the sureties, who were as you have heard M. Henry Gilbert, and M. Richard How, both very sufficient men for an other manner of sum. During this time wherein Smalley should be found, M. Andrew Mallerie with tooth and nail followed the execution of the judgement, for drawing in the Churchyard, mounting that if he could not prevail therein, yet at the lest he hoped that the terror thereof would make Smaley absent himself, and so at the term appointed for the attachment of him, there should be returned a non est inventus, which was his desire, knowing very well that the sureties would make ready payment of the condemnation: for thus much you must take with you, although William Huyt servant to M. Andrew Mallerie, were the administrator of M. Melchisedech mallery's goods and Cattles, yet was the matter wholly followed by M. Mallerie. The reason why Huyt took this office on him, was, that the benefit of this money had, it should be paid over as best pleased the deceased Malleries brothers: for that I think his wealth was not great nor hardly of sufficiency to answer his debts. The iiij. of February M. Hal brought to the Town-clerk a Cerciorare out of the King's 〈◊〉 to remove the Inditements of his men, whereby they were stayed till the next term, 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 therein, not sending the Inditements up. The seven. day M. Hal sent Smaley and Chambers to the Counters to put in a Caveat that he was of the house, therefore that none of his men should be arrested, and also wrote by Smalley to M. Onessey Clerk of the house, for a writ of privilege for him, who returned answer he could not do it, till he were arrested: M. Mallerie on the other side for the Inditements, hastes the case so, that the former helps may not serve, and for not performing the first course taken, a fine of xl. pound was set upon M. Seabright, wherefore a new way must be had. M. Hall hies him to Gray's Inn & to the Temple, where the viij. of the same month by his counsel it was concluded to traverse the Inditements, and presently to put in the same, wherein was used speed enough, and so was this gap stopped, and M. mallery's labour lost: during this Smalley had been at the Counter diverse times, & demanded whether there were any process out against him, none was found. The very same day the Parliament began, of the which M. Hal was a Burgess for the town of Grantham, whereof we have talked often: the next day after Smaley goes to Guildhall, and takes with him Matthew Kyrtleton his Master's Schoolmaster, and then not seeming they were of knowledge one with an other, Smalley walked up and down in the hall, & Kyrtleton goes to the ordinary place where M. Mosley one of the Secondaries of the Counter sat, and said, if you have any process against Edward Smalley, yonder he is, attach him, for I am M. mallery's friend: nothing was done in the cause, for in truth, the warrant was not yet out. The next day being the last day of the return, and that by two a clock, Smaley sent to the Counter, to hear of this warrant, all waswhusht, at Westminster all the Courts rising, it was delivered by the younger Mallerie to M. Mosley, who seeing it retornable, in a manner within two hours after (quick speed pretended or not to find they looked for expected) said how may I do any thing with so small ● warning? M. Mallerie answered, return non est inventus, quoth he, that can I not do, for I see the party every 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, (though ●is learned counsel ●ad told him the contrary, as M. 〈◊〉▪ and 〈◊〉 judges of the Law) that the privilege of the Parliament would discharge him, if they would unadvisedly attach him: the second, being greatly desirous to show himself honest toward his sureties, knowing that he should not long lie in prison, if his Master were able to provide the money: about one a clock he goes into the Counter in Woodstreat and demands again after this warrant, where one of M. mosley's men said, his Master would speak with him, he answered he would anon go to him. mosley's man coming out of the gate, called Grace a sergeant to him, and said, see you yonder yeoman going in the red hose with his fellow in the green cloak? he answered yea: will him (quoth he) to go to my Master, for thither he must: Smalley told the Sergeant he would willingly go, & so they three (the third being james Chambers M. Hals man) went to M. mosley's house, where they coming before him, he thus began to Smaley or in such like words. What dost thou mean fellow to rot in prison, and to loose thine ears? if my hap be such (quoth he) I may not do withal, I would not have my sureties troubled: wilt thou then (replied Mosley) yield thyself prisoner, and discharge thy sureties? Chambers hastily answered no, that he should not: whereat M. Mosley was offended, and therewith followed Smalley, and said, he would not so do. M. Mosley persuaded him to sue to Mallerie for agreement: ●e answered, he had so done, and caused it to be broken to the judges, and that they did make no end: Mosley then commanded the Sergeant to the arrest, bidding him show his mace, the Sergeant demanded wherefore, M. Mosley gave him the warrant and read it, which done and Smalley arrested, Mosley told him he was now in a good case, to rot in prison and lose his ears: The judges were this afternoon to hear what was done touching the last proceedings, and therefore Smalley as a prisoner was had in guildhall to attend the coming of them. M. Hal came also thither, and told Mosley; that he had done his man wrong to arrest him, he being of the Parliament, who seeming sorry therefore, excused himself by ignorance, and that he would not have so done for I can not tell how much, if he had had notice thereof: M. Hall alleged that he had sent to the Counter to declare the same, one of his own men being in the office when it was done, and one Thomas Ulmes an officer also. He persuaded talk to be had between the Malleries and M. Hall, they being in the place, but great heart would not suffer the parties to meet, for between courtesy who should begin, proud men looked one on an other, till the judges came, who set, the prisoner was brought in, M. Mosley declaring the exceptions Hal took that his man was arrested, and desired some end, because he was loath to have the matter brought in question in the house, confessing that Smalley did not willingly yield himself: the administrator was demanded for by M. Harper, who not appearing, Andrew Mallerie answered, he had his Attorney, and himself was he, M. Harper asked whether he would take execution or not, breathing a while he said, if he should refuse it he had no remedy, and therefore he must accept it. M. Manhood moved some end between the parties, alleging that the cause was motioned to them both before this, for that purpose: M. Hall said that he remained the man he was, and did condescend thereto, so that they would very shortly deal therein, M. Mallerie also agreed, provided that Hall should not proceed touching the liberties of the Parliament in the mean time. The next day was appointed for the hearing, in Sergeant's Inn in Chancery Lane, of all matters touching this question, and were compromitted to M. justice Harper, and M. justice Manhood. Smalley took up his lodging in the Counter in Woodstreat: according to appointment the parties met in M. Sergeant Harpers chamber, Andrew Mallerie bringing with him his brother Richard: where M. Hall laying for himself the excessive damages the jury ga●e, and the benefit of the Parliament which he meant to try, withal the mean estate of his man, the party also being dead, persuaded consideration to be had, and the inconsiderate largesse of the liberal jury, to be mitigated by the just and conscionable doom of so grave umpeers: M. Andrew Mallerie did aggravate the hurting of his brother, his often molestation by arrests, his charges in the suit, the great delays therein, the danger Smalley and his fellows stood in for the Indictment, the advantage was had for the breach of the recognizance, not omitting the question might be made for the death of his brother, who died within the year after his hurt: many speeches passed what would be given and what accepted. M. Hal came to a hundred pounds, for the ending of all controversies, though for the death of Mallerie he made no reckoning, neither yet took any care for the Indictment. The justices moved M. Hal to a 〈◊〉 and twenty pound, and would willingly have had him 〈◊〉 to a hundred and ten pound, which he refused, laying therefore that the whole condemnation was but a hundred four pound and two shillings. Thus time spent and nothing done: the Chamber court broke up, till the 〈◊〉 M. Hall looked whether his offer would be accepted, & that morning broke the matter of arrest to M. Robert ●el the speaker before he went in, who willed him to mo●● the house thereof, which at his coming in he did. It was agreed he should way till the company were full: shortly after M. Hal took this master in hand, declaring as much 〈…〉: wherewith 〈…〉 Grant the sergeant, and Huyt should 〈…〉 before them the next morrow: According to 〈…〉 Sergeant attended, but the other not: M. 〈…〉 that the Sergeant was 〈◊〉, 〈…〉 had arrested Smalley by mosley's commandment, declaring word for word the whole matter, at the counter, and in mosley's house, as ye have heard. There were appointed by the house, sir Nicholas Arnold, sir Owen Hopton, and Sergeant Lovelace commits to examine and search out the whole dealings of the cause. After dinner, the two knights came to Master Lovelace his chamber in Chancery lane at Sergeants I●ne, the place appointed for the conference, with whom was also Master Hall. The speaker sent to the committees, praying them to come to his chamber, which they did in the Temple: there they found himself, Sir William Winter, master Popham a Lawyer, and master Roberte Snag: master Mosley confessed he had caused Smalley to be arrested, and laid nothing for himself, but that he knew not M. Hal to be of the house: it was answered him, he aught to take notice thereof himself, it was proved thereby Thomas Ulmes one of the Counter, that james Chambers had before the arrest given knowledge at the Counter of the same: Mosley forced much that Smalley yielded himself, yet was it proved that he demanding him the same question, he answered he would not: because there was some speech of cantelous dealing in the matter, and that not wholly clearing M. Hal to such as are more curious to spy a moat in an other man's eye, than a great block in their own, and will not stick to spend great time to defame men with untruths, and no piece of an hour to consider their own wants. M. Hall declared to the committees how he had sent to the Counter word of his being a member of Parliament, had caused Smalley to repair with his letter to the Clerk of the house, for a writ of privilege, how after the arrest he was content to put the matter to compromise, and offered a hundred pounds. where the whole condemnation was but C.iiij. pound ii ●. how six pound more had wished all, how after he stayed from the xi of the month, wherein no order was taken, till the xu of the same, aspecting some good end, and giving the Malleries time to breath sufficiently: The Speaker and master Lovelace very desirous the matter should be talked of again the next day, and the rather by cause the Malleries were not now there, but should have warning against that time, and probre should be made for agreement, though unwillingly master 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 moved to agreement: The speaker offering him fifty pound, but not hearing on that side, with determination to declare to the house their doings the next morning, the company severed. In the morning in the void place before the Parliament door, M. Hopton, M. Arnold, & M. Lovelace called M. Mallerie to them, who would have no less than a hundred pounds for the execution, and the other matters, to determine as law might: Hal would none of that, to the committees labouring in vain, defer the cause to the judgement of the house, yet such bills were in hand, as there was no convenient time to make the report. The .20. day M. Lovelace declared directly to the house their whole doing touching the arrest, whereupon M. Hal followed, craving consideration of the cause, alleging that if the Queen's ordinary servants, soldiers in garrison, men with protections granted from the Prince, had great freedom from arrests, which no man could deny, how much more should ●he members of that house have privilege? And whereas it was urged of some, that it was against law to deliver a man of an execution, and therefore the party therein could not be delivered, but that the plaintiff should be punished by imprisonment. Hal declared that that was no sufficient mends, saying, that one might make a letter of attorney to an abject in respect of the arresting of divers knights and burgesses of the house upon statutes, which are executions of themselves, to which they must obey, lean their country unserved, and the worker thereof to be imprisoned a small penance for so great a fault, no recovery to the party wronged by the offence, nor sufficient punishment to the careless preferrer of his own private profit before the whole and universal benefit of the Common wealth. Master controller, sir james Crofte repug●●d halls speech, M. Recorder in very ancient precedents, wherein he is ●el seen, having read much, stood fast for the liberties of the house, master Francis Alford, master Sentpoole, mas●er Binb●●g, Master Nidigale sound followed on. What moved him I know not, unless some report brought him, M. Hall should use of a near mere friend of his, which as I have heard Hall protest most assuredly, he never thought of, so are they better overslipped than put in writing: M. Speaker desired leave to show his opinion, which granted, he advised the house to have regard to their doing, and not to proceed to the discharging of an execution against law, which if they should do, the judges would rule them over, which he should be loath to see. M. Bricket replied to him, saying, that they were not to be ruled ●uer by any in those cases, but others to be directed by them. The speaker would have had the matter deferred, which would not be, them he moved, whether M. Hal should departed the house, because he seemed to be a party, the most were of opinion yea, and so he went forth. The question was put whether Smalley should be delivered of his execution or not, the yea was the greater, yet must the house be divided, and so was it found. In the afternoon M. Hal went to the speaker to the Temple, with whom he found no body but 〈◊〉 Hal his man: and among other talk, praying his man might be delivered, he told him that he marveled that he dealt so extraordinarily against him, as to crave leave to speak in the prejudice of the privilege: he seemed to be moved therewith, and said he had done no more than he might, which he would do, and that M. Hall did not well so to take exceptions to him▪ He answered, he had not seen the like before, and therefore took it unkindly. With this M. Bowyer the Sergeant came in, and had M. speakers man go out M. Speaker affirmed, that M. Lovelace, had favourably reported the matter, and not as it was, which if it had fallen out for him to do, the consequent would have been other wise. In ●he, he could take no order for the deliverance of Smalley, forasmuch as the manner how he should be discharged was not determined in the house, but advised Master Hall to move the Parliament of it, and he should be heard, confessing that Mallerie for his wilfulness, had well deserved to lose his execution, if it had been much more. Hall offering him so largely. The next day Hall called upon his man's business: there were appointed master Saint Poole, master Recorder, master Sackford master of the Requests, master Bromley Attorney of the Duchy, and master Roberte Snag, to meet at the Rolls in the after noon, and to make search how the judgement of the house should be executed, whether by writ, or by the mace with the Sergeant. Accordingly master Bromley made report of their travail, alleging they could find no precedent, where any were delivered by writ upon an execution, but upon arrests divers. It was agreed, the Speaker should direct a warrant to my Lord keeper of the great seal, Sir Nicholas Bacon, to make a writ for the enlarging of the prisoner, and that master Hall should go to my Lord, and be sworn, that Smalley was his man. After dinner, he attended at Suffolk place where my Lord lay, of whom my Lord demanded what his man's name was, who was in execution, Hall answered, Edward Smalley: the book being held, my Lord asked him whether he knew Edward Smalley or no? which he did: whether he were his man or no? which he was: How long? Three or four years: whether he was attached before the Sessions of the Parliament or since? Since was sworn. My Lord very honourably used master Hall, and had him farewell, who presently repaired to the Speakers chamber at the Temple, whom he found at Supper, and with him master Sands, master Norton, Parliament men, master Onsley the Clerk, & master C●nisby: Hall told the Speaker he was sworn, whereupon he directed master Onsley to make a warrant to be sent to the Chancery for the writ to discharge the arrest: Onsley required master Hal to sand him a note of the proceedings therein, by the which he might the more particularly pen it. The notice given to the chancery for this writ, Hall sent by james Chambers his servant to master Di●ters office, who denied he had any precedent in the like case, yet with him repaired to master Garth, also a Chancery officer, to whom this matter was french, not being acquainted at any time with the like, he sought out master Couper, who durst not deal in so extraordinary a cause. To my Lord keeper he goes, who answered he was not to receive messages from the house by any body but by the speaker, and willed that he should come to him. The next morning Hall made relation to master Speaker, what had been done, who determined to go to my lord himself at the rising of the house, and so he did. My Lord desired certain words more to be put in the warrant, which the speaker sa● he would put too in the after noon. The Speaker delivers Dyster the warrant, which being brought to my L. keeper, his lordship presently directed two letters, one to the Cursitaries of the Chancery, & an other to the ●x Clerks. The xxvij. of the same month: (for these actions from day to day, and daily for the most part now continued.) The Speaker declared to the whole house, what he had done, and the Clerks of the Chaunceries answer to the L. keeper, how there was no precedent to be found among them in that case, wherewith Hall found himself grieved in his man's behalf, saying, the Attorney of the Duchy, who was a committee to search the Records before knew that well enough, and that the Speaker did determine that cause, whereby the delays was great: the Speaker replied, and said, It was not well done so to charge him: for he did nothing but what was determined by the house, which Hall denied. Master Nidigate wished the liberties to be preserved▪ Sir Francis Knolles Treasurer of her majesties household, master controller, and Sir Water mild may agreed as much, yet advising recompense to be had. Master Popham and master Norton could not brook that executions should be dispensed withal▪ Sir Henry Knevet unripped part of master mallery's behaviour to master Hall 〈◊〉 consideration to be thought 〈◊〉, for that Mallerie dydle touch Hall, for speeches in that house, as you have heard before, & place not meet to be tabbered of the execution he ●huft be●● continued with the sergeant till further deliberation. Accordingly he was brought to the bar, but not by the sheriffs, for they seemed to good to execute that office, two sergeants served the turn: and as you have heard it decreed, so was it done. M Recorder ran hard on that string, that Smalley should yield himself, that he should cautelously deal, & indirectly with that place, praying breathing in the matter, and though they had passed in the cause (as is recited, yet they should not doubt upon good occasion to reverse the judgement they had passed, producing a precedent happened in a Parliament wherein he was, which fell out in a bill for the Vintners of London. It was so, that they laboured for a statute to pass touching wines, which was to be read & argued in the after noon on the Saturday: Many of the Parliament were that day at dinner feasted by them. Their good cheer ended, to counsel they go: Bacchus spoke in the parliament (as the sequel doth declare) for his ministers the Vintners: what more the law had free passage. It was but a dare between, as master Recorder said, a Monday morning they found a fault with their Saterdays after noon work, and made no bones advisedly to dash that which 〈◊〉 vintners' good cheer had unadvisedly caused them to 〈◊〉 late a sat●rday: this tale and 〈…〉 no 〈◊〉 Committees were appointed for the examination of the ma●ter, and recompense to be had to Mallerie: The whole counsel of the house▪ who were Master Treasurer, M. controller, sir Thomas Smith, and master Francis Walsingham Secretaries ●ir Raul●e Sadler Chancellor of the Duchy of Lancaster, 〈◊〉 Walter Mildmaye, my Lord Russel▪ sir Henry 〈◊〉 also with them Master Hatton, Master Lovelace, their place of meeting was the chequer Chamber, the time, the second of the next month, which was the Wednesdaye after: The Speaker by 〈…〉 we not 〈◊〉 of the house, 〈…〉 he delivered from the Sergeant upon M. halls words for his forth coming, when he should be required, it 〈◊〉 consented to Tha. ●●. of March in the 〈…〉 by what means 〈…〉 I have inquired of, who were sir Owen Hopton, sir Nic. Arnold, sir Wil Winter, M. doctor Wilson master of the requests, M. Pophan, M. Colby, M. Croke, & M. Norton. In the a●ter noon in the escheker chamber came together, master treasurer, M. Mildmay, M. Hatton, Sir Henry Knevet, sir Nic. Arnold, sir Owen Hopton, sir Wil Winter, M. Lovelace, M. Wilson, M. Pophan, M. Colby, M. Croke, M. Norton, & toward the evening, M. controller. Hal declared unto them that he marveled to see so many committees in the cause wherein he was a party, & they to be named without his consent, he specially took exceptions to M. Norton, who was well pleased to departed. But M. Mildmay told M. Hal there was none there would be ruled by him, where upon he kept his place: In the beginning of Hals speech to the committees for the appointing of them, one with some choler said hespake not truly. A hard word (you know) among some precise gander's in foreign places & sufficient, as you have seen it, to make Hal far forget himself: but proceeding, he declared the occurrents between M. Melchise 〈◊〉 Mallerie and him, which he did but lightly pass over, b●cause he was dead, & so coming to the dealings, since he delivered them, as you have herd them mentioned, & therefore I think it nedlesse to repeat than again. M. Andrew Mallerie followed urging his brother's hurt, his charges, his aresting his death, denying part of halls allegations, protesting Smalley was arrested against his will, forcing cautel & fraud at jest to be in him, if not also in his master, at whom he glanced divers times, with terms might well have been left, as M. Mildmay & M. Wilson did advise him. The Secondaries of the two Counters, M. Mosley, & M. Christoffer, were examined upon their 〈◊〉, apart, some of the sergeants, Mosleis' men & others, also Smaley, who upon the interrogatories confessed, he knew Kertleton, that he was his master's schoolmaster, 〈◊〉 he was willing enough to be arrested, because he would have his sureties discharged: he was demanded whether M. Hal was privy to the Schoolmasters doings & his or no in 〈◊〉, whereto he asked whether they would have him accuse his master, answer of sufficient importance to bring suspicion of him, whether he had been a partner in the 〈…〉 Mildmays and some others, very honourably confessed it should be extraordinary proceeding: and therefore dealt no further therein being very late, about seven of the clock are they rose, they deferred their final resolution what they would award Mallerie till the next morning, which they would agree on in the Treasury chamber, at their rising. Hal was very inquisitive of some of the Committees who were most his friends and contraries in the matter, and was certified more than I would he had been, and more than I will put in writing. though nothing were done but with wise and grave consideration, the unkindness was and may be conceived, can do no good, I saw him enter into the chamber: the Committees upon earnest talk from whom some words were over hard, which might be wrested to be spoken of great affection against him, he followed M Hatton to the Court, showing him, that he gathered there were some stiff on the behalf of Mallerie that he forced not of the money, that he would cast away five times as much, rather than his enemies (so terming the Malleries) should enjoy any thing. A charitable man to make a Bishop of, that himself was cause he had put the matter to compromise, that he reposed his confidence chief in him & Sir Henry Knevet, as well he might, to whom he was most assuredly beholding, praying him in what he might, to withstand and restrain the liberal givers away of his Coin. In the morning in the Treasury chamber by M. Treasurer, M controller, M Mildmay, M. Hatton, M. Hopton, M. Knevet, M. Winter, M Wilson, M. Lovelace, M. Papham, M. Colby, M. Croke, and I think Sir Nicolas Arnold, Hal and the Malleries were called in, where M. Treasurer declared to them that it was agreed, Hall should pay a hundred pound to the Administrator of the deceased Mallerie, between that and the beginning of the next Term. He and the Malleries to release all matters touching the suits between them. Hal intemperately swore he would never perform the same, alleging that some of the Committees were not indifferent, neither agreed on by him, and being demanded who they were, he took such exceptions to: he named Sir William Winter, M. Wilson, M. Popham, M. Colby, and M. Croke: he willed to yield his reason, which was, because they were against the matter, when the house was divided, he said they would not in their dealings but confirm their own opinions. M. Winter found himself most grieved, saying, Hal was not to rule his conscience, though he were a better man than he was, comparisons be hateful, but if betterness may go by worthiness in all respects and Hal be his own judge he will give no place to M. Winter though he be a Knight, M. Wilson to whom M. Hal hath always singularly been beholding, and E converso the other to him as far as his small ability and good will could stretch, was much miscontented that he should be named among the rest, to whom Hal said, that he would commit a matter of far greater importance to his hands. But for as much as in private talk between them, he was so much against the discharging of the prisoner, he would not have admitted him a judge in the cause. Well the matter was grievously taken, and thereof complaint (some said) they would make to the house: by the advise of Sir Henry Knevet, and M. Hatton, much against Hals will, the money shall be paid. When the Malleries saw that Hal was entreated, they sued also to be at liberty, and that they should leave all things as they found them, the Malleries pleased as I think, though they made face otherwise, Hal almost mad for anger, divers of the Committees disquieted, some to the Parliament, others to their own business departed. The vj. of March M. Wilson with unlooked for speeches of M. Hal, and his friends, considering the friendship had been between them, inveighed in the house hardly against him, how he had very warily charged the Committers, and that there appeared great fraud & cunning in his man, whose word●s did import, that his Master was the procurer and Counsellor thereof. M. Winter, M. Snag with others shot their shafts into the same hole, M. Treasurer as indifferent bore himself, M. Mildmay, M. Hatton, M. Colby, and M. Alforde and others directly impugned Wilson & Snagges allegations: it was ordered, that Hal, Mallerie with his Council, & Smalley the next day in the afternoon 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 red, M Snag called on the matter, Hal desired that the house might be ●ull, and that as divers invectives speeches greatly to his reproach had passed in the same, he might clear himself before as great an assembly, or else be condemned of all craving further, that the committees of the cause might be there who were best acquainted with it. As the request was reasonable, so to my thinking it was not refellde, for they turned to other bills: shortly after came in M Comptroller, M. Mildmay, M. Sadler, & M. Hatton▪ M. Snag must needs on with his chase, the abuse of the place was horrible, consultation must he had, resolution determined, and judgement given. The speaker stood up, saying it was very convenient to know, whether Hall and the Malleries would stand to the award or no? Andrew and Frances were called to the bar, Andrew besought the house he might be at liberty, yet rather than that company should conceive amiss of him, he and his brother condescended. Hal being also demanded of his determination, required first to be satisfied in two points, the first whether it was ordered, that he should choose three or four for the Award, & the house as many: It was answered no, though I know he was, and I think 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 nevertheless, he agreed to perform the Award, if they would so wish it, though earnestly he desired the contrary: it was set down the Malleries and Huyt should release and discharge all bonds, controversies, and questions, depending upon the first quarrel and this great action: That Hall should enter bond in two hundred marks in recognisance for the payment of a hundred pound the first of the Term following, M. Sergeant Lovelace, and M. Recorde● were the men should see this done accordingly. M. Meredith of the Temple (a man whom I never heard speak before) forthwith called out for the abusing of the house: his earnestness was great, his thrust to punish abuse much, which if he regarded only without affection, sure he deserved commendations, though small thanks of M. Hall or his man, for both (as he affirmed) had covenously, fraudulently, and cunningly dealt with that Council, and therefore he requested sharp penance for such misdemeanour. M. Hal stood up to have answered him: but sitting between Sir james Harrington, and M. Leyton, they plu●te him down, advising him to let others first speak, who were in hand to cast liquor in M. Merediths fire. M. Gente of the Inner temple was at hand to put dry water to increase the ●ame, and M. Francis Alforde was ready at one instant with clear running water to suppress the inconvenience was like to grow The question grew who was up first, Gente alleged, he was he, and would not loose his advantage, claiming the prerogative in the same case, De lana caprina was the contention, he had it. Do you remember the invective orations that passed between Tully and Catiline, thanks be to God the matter was not so great, Gente is Cicero, halls man must be an example, (woe be to him, for so it is said) his Master must not pass free by his motion, yet so good he was to him, that some difference should be had, and lighter hand laid on him than the servant, whose fault was not venyable: M. controller with no less gravity than good conscience, and as much experience as years could give, advised no further proceeding: the more to persuade: he brought forth the dealings of considerate Princes, who having what is convenient to be obtained, be not to scrupulous of needless consequences: he had no sooner done, but with the rest of the Council Master Hatton and others of the house, he departed to White hall to the Lords about a Committee. At which time M. Hatton wished M. Hall to procure the cause to be stayed till their returns: Sir Henry Knevet was very full, whose good mind might not broke (as he took it,) such hard measure he dealt, not as a changeling, one day in one sort, and the next in an other, but as you have heard, denied punishment of the Servant, and much less of the Master in the beginning of his speech. The Speaker would needs put a question, whether Hall should avoid the house or not, away he must, let him hereafter take heed of speaking against London minstrels. Master Harrington and M. Leyton did him no good, staying the uttering of what he meant to speak as you heard: for after he never had convenient occasion for the purpose. M. Winter had not been at Anticyra, his choler and melancholy was not purged, the failing of his voice was show sufficient of the affection of his mind, many words to aggravate the matter, some ordinary as in such cases, but some otherwise, avouching that Hall as the day before in the afternoon was at Arundels at dice, and therefore the house abused, in that it was there reported he was sick, which as he had of hear say, as himself confessed, so did he rove at random. Further coming to bring in question, how Mallerie was hurt by halls man, he wished the Master always not to command that act to be done by his servant, which himself durst not do, Durus sermo, and specially of his mouth, who as he is known to be of sufficient courage, so aught not to condemn a Gentleman of pusillanimity who he never tr●ed, for his words can no less import. M. Frances Alforde whom M. Winter had touched in part of his tale, for saying M. Hall was sick the day before, desired the answering of him, in whose speech M Snag did somewhat intermeddle, but as M. Alforde lacks no sufficiency in his arguments he deals with, so hath he audacity answeareable to deliver his opinion maugre interruption. He charged M. Winter that his speech did declare his affected mind himself also, for the zeal to equity and favour to his friend. M. H●ll did offend in the same kind by his own open confession: he dissuaded the punishment, he advised all men to suppose that one Gentleman durst do as much as an other, that of all other's M. Hal was not to be touched for any collation, laying down his large offers and direct usages: his man as little, in seeking to discharge his sureties, a part deserving praise rather than misdeeming that the officers should themselves have looked not to touch any belonging to that assembly, that the administrator should worthily loose 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 mind, persuading the punishment of the Schoolmaster, who is named heretofore: M. Sentpoole, M. Digges, M. Dannet, M. john Talbot & others followed M. Alforde, especially for cléering M. Hall and the Schoolmaster, and also left not that part of M. Winter's tale unansweared, wherein he made mention of the hurting of Mallerie. M. Beale took of his conscience Hal was guilty of the fault: before they came to the question, it grew very late and dark, being past seven of the clock: many would have departed, the door was kept by commandment of the Speaker Sir Owen Hopton. M. Bricket, and M. Dalton moved either an end to be made of all those causes sith the money should be paid, or else to defer the whole till the house was full, they would not be heard: wherefore they all standing with more disorder than I must touch so grave a Council with: the Speaker presents two questions, the first, whether Smalley should to the Tower: thither must he: the second whether Kertleton the Schoolmaster must drink of the same cup or not, the judgement was doubtful, the division of the house was desired: but whether lateness, lack or will was the cause I know not, with many discontented minds, it is ruled over that the yea was the greater, I am sure the Clerk could not see to enter judgement, divers of M. Hals friends came to him, he being without at the door, finding themselves greatly grieved with the events, and at their wits ends, what direction to appoint: wherewith (I shall not forget him) he repeated two verses used by Aeneas in great extremity, the one Troy all in flame and past hope of recovery, and the other in extreme hunger and misery happened in his search of Italy, una salus victis nullam sperare salutem: that is (quoth he) for me. For you Durate & vosmet rebus seruate secundis. He yielded them great thanks whose favours so liberally used toward him, did answer more contentment than the adverse hap misliking: he was advised to make virtue of necessity, to yield when as there was no other remedy, he first lamented to be evil spoken of in that auditory, having by his large offers showed sufficiently the small regard he had to a hundred pound to be injured by the deceased Mallerie, and that in so high a degree, his man wounding him to be so deeply condemned, considering the evidence, the debt grew of nothing disbursed, to be paid to an administrator, whereby no penny to mallery's creditors should be answered, that being discharged of the execution by the house, and consenting to pay a hundred pound, for the quieting of all causes, his two men should be committed to the Tower, that he and others requesting but time to have the company full, could not obtain so reasonable a suit, that the door was kept, that the house might not be divided being desired, and that (as he said) it might be termed op●s tenebr●rum, being in the afternoon, & wanting time to enter the decree. These speech's passed from him with great heat, saying he would drive out one extremity with an other: he seemed to be touched at the quick, protesting he was not able to bear the opprobry his contraries would in corners spread abroad: he seemed to make light of ten times the value of the money, though it were not his ease to pay it, & so great account of the recited premises, as it was told him by them that wished him well, that a Prince's heart with a poor man's ability was an ill medley, that continual kicking will make the back ache, & many enemies breed disquietness, taking leave one of another, in the Palace, he plucking his hat about his ears mumbling the old wives Pater noster, departed. M. Hal had scarcely entered his own lodging in little Woodstreate, but the Sergeant's man was there to summon him, Smalley and Kertleton, tomorrow to be at the house, to whom answer was made, they were not Domi. Hal gave commandment to his folks to deny his being at home if any came to inquire for him: the next day in the afternoon the same case was again argued, wherein M. controller, Sir Henry Knevet, M. Hatton & others favourably moved for M. Hall and his people▪ it was set down, Smalley & the Schoolmaster must to the Tower, but shortly to be delivered: that the Sergeant should leave word at Hals house for the bringing in of the parties, & if he neglected the same, to proceed with further consultation accordingly, Sommonance were given the day following, no man appearing from Hal: they took in very evil part, among whom M. Lovelace thought he was much abused, declaring how long he waited for him to acknowledge the recognisance, and to see the order of the house performed between the Malleries and him, 500 marks fine by his consent is little enough to be set on his head for this contempt. A great cantle to be cut out of so small a loose as halls is: that he should by Parliament be disabled for ever to be of that Council▪ a hard Censure: but motions be no laws, if they had been, neither would the losses have been irrecoverable, nor the wound past help of surgery. Agreed it was, that once again warning should be left for these hiders of themselves, and if they would not be seen, the house should proceed to judgement. The day after M. Hall was persuaded by many of his very good friends to procure Smalley's appearance, which in no case he would be brought to, & till he was charged that he gave his word for his forthcoming at all times when he should be demanded, also that his imprisonment should be no longer than during the Parliament, he stood too wilful in his own determination, yet answering those two points that he undertook for Smalley's appearance. So the seven of this month, at which time judgement was given against him, upon the Sergeant's notice, he brought him to the house, & there attended the rising thereof. And for his short imprisonment, he doubted (as the sequel declared he had good cause) affirming he would never have condescended to the Award of 100 pound, but for the shutting up of all questions. In the morning M. Recorder brought a bill into the house, wherein it should have been enacted, that Hal should pay the 100 pound, & to be turned out for a wrangler, for ever being member of that assemble. But multa cadunt inter poculum supremaque labra, for at that very instant word was brought Smaley was at the door. Yea quoth M. Recorder, I thought of some such matter, for I gave knowledge to Mistress Hall of this gear this morning, I doubted not but she would send her man, I mar●ell how he could hit so right, but as women be vainglorious, so can they not abide such an infamy to fall to their husbands, & he doubted not but that M. Hal was (as some wiser men than he are,) content many times to be advised by their wives. Smalley brought from his Master a letter to the house, which being delivered to the Speaker, he broke up & read to himself, after openly, & well taken, saying he had thought the direction had been to him: I cannot think the Speaker so unadvised, but somewhat he meant thereby which I know not, the Copy thereof followeth, word for word. To the Parliament house the seventh of February. 1575. RIght honourable and worshipful my duty m●st humbly remembered toward you all, I ●am right sorry being a member of you, who ●aue bent my poor good will toward the ●ruice of my country among you in all ●outh and plainness, that upon opinion ●ceued of me, otherwise than I have giuē●ause in knowledge of myself, have proceeded against me, as a stranger, and not with that favour as a member of such a body might in good equity have looked for, which hath forced me sore to my great discontentation to withdraw myself till a time of better favour, assuring your honours and worships all, that if my cause h●● hi● heard and judged in a f●l court, in the presence of the chief of the committees, who were absent, I should have abidden your uttermost sentence even to the loss of all that I had. Had I understand that every s●nal error of mine is made an heinous offence, as the exception against certain of the committees, for want of their good wills towards me, is accounted a derogation to the authority of the house, and m●ch impairing to their worships and cred●t●, an exposition truly very hard, and in troth contrary to my meaning. And whereas by the entreaty for the delivery of my man I am grown in suspicion among you, and by some in apparent speeches made partaker of his fraud: i● procuring his own execution: what so ever is conceived of me I assure you all it is without cause, as both my offer may w●l declare before I moved the house for his privilege, which was a hundred pound, whereof are witnesses master justice Harper and Manhood, is well is known to Master Sergeant Lovelace, as also my willingness since, to submit myself to your orders for the party's satisfaction: of absenting myself I pray you consider no otherwise than as of one, who is much grieved of your offence conceived of him, and as one that can not endure the continual herd speeches brought to mine ears, much sounding to my discredit, as also to see the imprisonment of my servants, for whose liberties I would have been contented too have paid so dear. I might justly have looked for some consideration in respect of the great injury offered too my name and credit, whereof the quarrel first grew, as on the other side, for a blow given without my knowledge god is my judge, sore against my william. But in all, I submit myself to your honours wisdoms, as one who is most desirous of your good opinions and favours, and wish you good success in all honourable proceedings. Written this seventh of February. 1575. Your honours and worships to command Arthur Hall. THe messenger was called in, was committed to the Tower there to lie a month, & then to be delivered if his Master did in the mean time enter bond for the payment of the 100 pound, if not there to remain till the money were paid, if the day expired when it should be answered or the bond not acknowledged before: also M. Hal must pay the Sergeant, M. Bowyer 40. shillings for his pains about these affairs. Here some of M. Hals friends touching this imprisonment reckoned without their hosts, which he forgot not to lay to their charges, swearing by no beggars, that if he had known so much, he would have bidden the extremity of al. I do not recite the particular arguments in these two days, the ix. & x. of this month, because they are but to the purpose you have heard in the other disputes. Hal not wanting favourers, though he had many oppugnants, the xv. of the month Hall sent one of his men to the Tower to speak with Smalley, which was denied him, whereupon the day after he willed him to repair to the Speaker to show the dealing of the lieutenant. M. Bell answered, the prisoner had wrong to be close kept, sith the judgement was not according. The xix. of the same month Hal sent james Chambers his servant to the lieutenant to declare he marveled his man should be so straightly imprisoned, his answer was, his usage to be very good. His Master could not speak with him, but if he would writ, after the contents were seen the letter should be delivered. The xxuj. he went himself to the Tower, Sir Owen Hopton not being there, the prisoner could not be spoken with. The xxviij. M. Hal seeks out M. Recorder, who advised to pay the money presently or to put in sureties for the same, for I tell you the Shreves of London, who now seem to have interest in the matter, because mallery's administrator had no stake to stick to if Hal had denied payment. But they would not I deem, take a Gentleman's single bond, neither would M. Recorder but use them to their best liking. The next morning comes M. Mofley to Hal & he persuades the like, but more than covenant will not be performed. Wherefore in the morning Squire & Hal goes to Doctor Clerk in Pater noster row, where he knowledges a recognisance of 200. marks to the administrator for the payment of one hundred pounds the first of the Term following: the same day for the good service the Schoolmaster Kertleton had done, he was discharged his service, whereat Cecil Hall his master's son was no whit discontented. M. Hal also in the afternoon rides towards his Country home at Grantham, leaves the recognisance in his servants james Chambers hands to be delivered to Huyts use, & to receive the Releases accordingly, looking for the delivery of Smalley at the day preffred: until the viij. of April he was posted over from one to another, to M. Recorder, to M. Mosley, etc. And because Andrew Mallerie the agent of all these causes will not be found, though Hall have performed the decree, yet for his pleasure his man is like to lie longer than his time by the heels: other of the Malleries were spoken withal, who directly answered, that if the case were theirs, they would make no releases, Hals insufficiency considered, without a good surety to perform the money. Speeches not so much to the discredit of him as to the whole Parliament, whose consideration did inhable him for the same. Chambers repaired straight to M. Comptroller, declaring to him the usage of this matter. The ix. day of April the Recorder came to M. controller, who willed him to frame a letter in the names of himself, M. Treasurer, sir Walter Mildmay, & M. Walsingham, to be directed to the said Recorder, whereunto they would set their hands, the contents whereof to be, That whereas M. Hal had performed the order set down by the house, & knowledged his recognisance, & the time expired of his man's punishment, he should make certificate to the Lieutenant for his delivery. M. controller also he commanded that the recognisance should be taken to M. Recorder, he to keep it, till Huyt & the Malleries had passed the releases, to whom answer was made, that by his former appointment it was left with M. Richard Litler his near neighbour & Hals Attorney. Chambers attending on the Recorder, he will have the recognisance enrolled, else nothing shallbe done, which should then have been in force against Hal, & he to seek for his releases back, which he foresaw, giving his man commandment in no case to part with his bond with one hand, but to receive the discharges with the other: which to do, there was time enough, for that the recognisance was knowledged the xxix. of March, and the month came out for Smalley's imprisonment after the shortest reckoning, the seven. of April, days sufficient to end a greater cause. Chambers sent with speed for his Master's pleasure touching the delivery of the recognisance to the Recorder, which he gave him warrant to do, and offering the same, it would not be received, till the releases from the Malleries were performed: neither yet will any certificate for thenlargement of the prisoner be had, so must M. Hal be unkindly handled, pay well, his man against justice lie fast, beside being laughed at by his enemies in their sleeves, the judgement of that high Court of Parliament contemned. Chambers retornes to M. controller the Recorders answer, praying the delivery of Smalley, that the recognisance might be in the custody of the lieutenant, till Huyt & the Malleries had ended what was to be done on their behalfs. M. controller allowed of his motion, & willed him to repair to M. Treasurer for his opinion therein: he appointed that the Recorder should come to him, who having knowledge accordingly: answered he had letters from my L. Treasurer as he had in deed, & therefore could determine no time: further that unless the Malleries would come in & discharge the Sheryves, or else that Hal did put in sufficient sureties for the payment of the money, the prisoner should not ve enlarged for any man's pleasure. A sore speech, but, stet pro ratione voluntas, I think must be alleged as the best reason for such proceedings. When thus much was brought to M. Hal, I heard him say: that at M. Recorders hands he always looked if not for favour, at the lest for equity, and that he had well deserved the same. M. Recorder can tell whether he sayeth truly or not, yet thus much for mine own part, with good testimony I can prove, that Hal hath not spared his great good speeches like a friendly Gentleman in the commendations of M. Recorder, against the invective (I think slanders of divers lavish tongues. The twenty-three. of April M. Treasurer sent the recognisance to sir Walter Mildmay, desiring him to deal with the Recorder therein, who the next day having word, went to him, Andrew Mallerie and Huyt his man were sent for by a pursuivant, and with them the Secondary and Squire came: M. Recorder was or would be sick, the matter debated a while, M. Mildmay commanded Chambers in, told him the day of payment was at hand, that the Recognisance being in the Malleries hands would with difficulty upon the payment of money be canceled, that also charge would grow thereof, and therefore persuaded Donari contanti, which he excusing, M. Mildmay demanded some to give their words to the Malleries for the more assurance, which he could not do without his masters directions, urging still performance according to the order in Parliament. M Mallerie could not be contented with a Recognisance of M. halls as it was decreed, but must have his mind satisfied with the infringement of the resolution of that place, and what soever comes of the rest, his quietness must be provided for for forsooth he doubted further trouble: nothing done, Chambers was willed to prove a day or two for provision of the money, which if he could, he would not have done, without commission thereto: he therefore might have played Coleprophetes part if he had pleased, one of the xxiv. orders, and told his message before he went about it. The recognisance M. Mildmay keeps, and Chambers goes about to see if he can find an hundred pounds in the streets, or meet with some one will give him so much M. Mallerie hath Smalley fast & the bond no doubt if the worst fall will at length be paid, (though it tarry long) spite of all M. halls debts, for yet he is a free holder. The viij. of May God be thanked the money is ready somewhat before appointment with hard shift enough: for beggars without danger of law cannot have money when they would: before sir ●ater Mildmay it is by Huyt & the Malleries received, the releases performed, a warrant for the prisoner to go play himself signed by M. Mildmay, the which now the Recorder firmes with William Fleet●wood, the ix. of the same, paying xij. pound to the lieutenant, M. Hals cozen, without days given, and other charges besides of xliij. shillings and ten pence, he was turned forth. ●nd because he ha●h song in so worthy a Jail, his Master thought him not meet to chaunte in so m●ane a cage as the best house he is like to have, so that now he may, being Summer, learn a new note in the green fields Here have you the end of this great cause thu● far, to the excessive charge of M Hal one way & other, trouble of Friends and mind, and slanderous report among such as know not the truth, and therefore to the more prejudice of his simple reputation. My excuse I made to you at the beginning, and I nothing doubt of your good accepting of my well meaning, if by accident or otherwise than I desire or hope, this private certificate hap to the hands of any who be offended for not being soothed, bear malic● for being contraried, think unkindness because they are not commended as other quarrel because I wrote the truth, or for affection sake can dance nothing but their own galliard. I must thus answer, that I have wronged them for naming any person in this manner particularly and not put too my name, yourself knows my stile (simple God wot) and therefore need I the less to avoid further question (if my letters should be intercepted) to set to my hand, Contra verbosos nolo contendere verbis, I love no disputation but where I may learn, Quoniam senex esse volo, citò si possem e●o, old I must be or die young: And therefore will I yield over to the younger to play with the world, who careless hope with uncertain liking for great things, while I with regard to my white hears coming on with contentment am glad to enjoy mine own small portion: for my pains, I crave no thanks of any stranger, neither yet of M. Hall himself, whose good parts I must of force confess I do unfeignedly love, for the rest I am sorry, and remain with his enemies in one predicament for the conceiving of his wants, but differ in desire with them towards him, because I pray the amendment, which I doubt not of, and they gape for his overthrow; which were pity if my request would come to pass: I wish truth to be reported in all causes, which if it had been, I had saved this labour, for at my being at Killingworth in the beginning of April last, where what great company were assembled, what liberal cheer spent, what familiar welcome used, and Honourable consideration of all sorts had, I refer to them that know what is incorporate to that house since it came into the hands of him that now hath it: There I say I saw M. Hall by his own brother in law M. Henry Skipwith, by M. George Holte, M. james Cressey, and others who love the man well, so laden with evil fame and opinion that went of him for the premises herein recited and that untruly, as of mine own knowledge I am assured, that I pitying the case, determined at the last with you who tenders him, not to suffer so unjustly his credit, (though small) to be so wildly tired on, with my old and accustomed well thinking, and praying for you, I leave you. From London the xix. of May. 1576. Your Friend no changeling F. A. 〈…〉 have obtained for you my place in the common house of Parliament, for the increase of your knowledge, you growing to the world and I from it: I thought to bestow a few lines upon you, though I had long since yielded my pen to be quiet, my ability to writ being decayed, which never was great, and my memory always bad, now in a manner grown to lethargy: wherein to lay before you, as well as I could, such advises as to follow I have found profitable. But considering mine own wants, I withdrew myself from my determination. Yet minding, with whom I should deal, whom I should counsel, to whom I should set abroad the show of my experience, in good hour I hope I proceeded herein, for strangers will take thankfully, what is done by others of a good meaning for their behoof, and much more children, that which is done in the same kind by their parents. I suppose it not needless lightly to run over (as I can call to mind) by what Laws this Realm of England hath been governed, where altered, where clean abrogated and others confirmed, which last of all is your Parliament, whereto I mean to come. We allow the report of Brutus' arriving & inhabiting this isle the year of the world after the most writers. Brutus. 2855. before the incarnation of Christ. 1108. He built London, calling it Troynovant, wherein he established with the name, the Trojan Laws: what they were I find no record, but that King Alured about the time of Christ's birth, 872 did gather the same Laws together, and translated them into english. But for the religion, it seemed he followed the Paganism then used through the whole world, as a great number of years after it did continued. Till the 441 year before the coming of Christ, this land was ruled, now with law and now without law, because of the ciull dissension therein, Mulmutius. at which time, Mulmutius Dunwallo, or Dunwallo Mulmutius chose you, the son of Duke of cornwall, by strong hand bringing the new right called Law Moluntine, which granted great privileges to Temples, to ploughs, to fairs and markets, and too the way leading to them, prohibiting men to be troubled for any cause in the same, the wars among themselves had so wasted the subjects, as liberty and freedom must, now bring people together again, to join in a new corporation of friendship. And to exclude all fear, he pardoned most freely all offences past. These ordinances did holy Gildas about the year of Christ. 543, translate out of British into latin: & Alured as afore about the. 872. out of Latin into the English: Gurgunstus. Gurgunstus of some Gurguintus, the son of Belinus, before Christ. 375. was the first (it should seem, that imposed death and loss of limb for transgression,) did also grievously punish the peace breakers. Quinthelinus his son married a noble gentlewoman to name Martia, who erected certain decrees of government which were called after her Martian Laws, Martia. brought likewise into English by king Alured, leaving them the little Marthehelage as much to say, the law of Martia. Lucius (it is said) the eight year of his reign, Lucius. of Christ ●88. (some small controversy there is of the time) was christened, Eluthrius being Bishop of Rome, and counted the first christened King of this Island, of the most credible writers, though some would have Arviragus 138. year before to have the pre-eminence, aswell by the preaching of Simon Zelotes one of thee (disciples of Christ here martyred and buried, as by joseph of Arymathy who had Mutryn now Glastenbury, his place appointed of habitation, sent hither with twelve disciples by the Apostle Philip then preaching in Gaul now France, too soon to come to Christ, unless we would fellow him better. Lucius was very timely, considering the late repair to him of many nations, nearer the plat of his birth and passion, whom I would recite, but I have digressed too long. Lucius set to Eleutherius, desiring him he might have the imperial and Roman Laws to guide and govern his country, who returned him this answer: As touching the rights of the Church, and service of God which you have received, they must remain always one, untouched, the policy for civil rule may be abrogated and altered as occasion shall serve: you have the book of the old and new precepts, the Bible, with the advise of your kingdom, make a Law, thereby to govern your subjects. Here some will say was your first Parliament, and the very original thereof, which I no way can agreed to: and the cause hereafter I will show you. Lucius, died without heir: for the space of fifteen years or more all went to havoc, Severus. till Severus the Emperor descended rightly from King Lud, took the government upon him about the year 208. some account less, the romans seldom quietly, but for the most part to their excessive charge and trouble held the dominion, Constantine. till the death of Constantine the year .445. then neglecting the same as a country not worth the keeping, who leaving behind him Constant or Constantin for his simplicity in his father's time shorn a monk at Winchester. Vortiger. Vortiger alias Vortigern, of some the Duke of West Saxons, of other the Duke or earl of jewesses, who after were called West Saxons, took him out of the Cloister, and crowned him king, whom yet he caused to be murdered the first year of his reign, so that for those. 240. years few laws were made, and fewer executed. Vortiger usurping or being chosen king the, 448. year, so continued but a while in rest, for not only his nobles, but the picts and Scots laid so sore to him, that driven to extremity, he sent into Germany for the Saxons and Englishmen to aid him in his waxres, not only against the foreign enemy, but his own people, promising too them habitation, which he might well spare, the land being in a manner wast by the means of the great mortality by pestilence, the Scots and picts invasions, and the civil slaughter. Their request was accepted, & Horsus & Hengist brought hither certain soldiers paynim by whose valour Vortigers contraries were tamed: by the continual repair and flocking hither of those strangers, the inhabitants were put to the door. For before the year of our Lord 1498, there were three kingdoms erected by the Englishmen and Saxons, the first of Kent by Hengist, Hengist. the second by Hella & his three sons, of the south Saxons, comprising Devonshire and Cornewal, Somersette and Southery, or rather Hampshire for Southery (according to the more probable writers) The third of east Angles by Vffa, containing Norfolk and Suffolk. These broils being no time for laws or letters, Arthur. but for fire & blood, Arthur the son of Uther Pendragon was crowned king of Britain, though a great part (as you hear) were taken from him. The year, ●16. he fought twelve great battles with the Saxons, in all the which he put them to the worse, yet could he not avoid them the Land, Cerdicus. neither yet so subdue them, but that Cerdicus the fifth year of his reign began the fourth kingdom of west Saxons, which consisted (as I gather) of Worcester, Dorcet. Wiltish▪ Stafford, and those western parts adjacent. About the year 547. the two Kingdoms of Northumberland, that is the fift and sixth principality of the Saxons took root. Ida. In the one, called Brevitia, Ida first had rule. In the other called Deira, Ella. Ella was governor. These two kingdoms had in them the countries from Humber northward to the Scottish sea, and continued sometime under one king & sometime under two. The year 586. the Britain's were driven into Wales, & presently the Saxons had the dominion of the whole land: At which time was the Christian religion thereby extinct, and not thought on but among the britains in Wales. Sebertus. After some, Sebertus leader of the East Saxons 614 gave first beginning to that kingdom, and had in it Essex. Penda. Not long after Penda the Miscreant the year 626. made the kingdom of Mertia, who governed Huntingtonshire, Hertfordshire, Glouc. War. Leicester, Cadwallader. Nottingham, Northumberland and others. Cadwallader the last king of Britain died at Rome the year of grace. 656, about which time according to some writers, but I think rather the year, 712. Inas otherwise called jue or jew a Christian, Inas. held the rule of the West Saxons He set down certain laws, the preamble to the which is this. Inas by the grace of God king of west Saxons, with the consultation and advise of Kenred my father, Hedda and Erkenwald my Bishops, of all my councillors and the old wise men of my people in the great congregation of the servants of God, did labour to confirm justice and equity to be executed in my whole territory. These particular edicts are not to my purpose to wright: but the first, entitled Of the manner of the living of the ministers of God, toucheth somewhat the matter, which goes thus: First we command that God's ministers do observe the order of life already set down: and further we will that to the rest of our people, the laws and judgements be in this manner: and so goeth on. This also is alleged for the confirmation of antiquity of our parliament. Egbert. I find that Egbert, who was an under King in West Saxons, was expelled by Brithricus the King there, and fled into France: but Brithricus being poisoned by his wife Ethelburga, Egberte returned, and obtained the whole principality, the year 793, others say, 802: and withal brought the most part of England under his obeisance, tamed the Welshmen, and took from them Chester, by means of which his good fortunes, he called a counsel of his Lords at Wynchester, and by their advises and agreements was crowned king and chief Lord of the land: whereupon he sent forth commandment thorough out his country, straightly charging the people thenceforth to be called Angles and no more Britain's, and the kingdom Anglia and not Britain. In the year, 800. some account thirteen less, the Danes being also Paynims first entered this region, Danes. according to the most. The Danes invaded the second time the year, 838, Athelwolph reigning, who of himself first granted the tithe of corn, hay and cattle to the clergy. And after took such fast footing, as they continually infested this Island with cruel wars, usurpation and conquest, till the death of Hardicanutus or Hardiknought the last king of that breed. 1034, Alured. some account two sewer, Alured, alias Alphred before spoken, began to govern the West Saxons, who being a most just Prince, very well learned, and careful for the making and execution of good laws, collected and caused to be brought into the Saxon or English tongue, all such as by the kings his forgoers were established, selecting out of them such as were thought most fit for the government, confirming them, and secluding the rest, reciting many of the commandments and precepts given by God to Moses, and the message that the apostles and elders sent to Antiochia, Syria and Cilicia, by Saint Paul, Barnabas, judas, and Silas, touching the diverting of themselves, as we have it in the Acts of the Apostles, and also by the assembly and conference of the Bishops and other noble and wise counsellors, divers money penalties and others were appointed, and the same not only declared in their sermons, but also put in writing. He proceeds in the beginning of such as are allowed by him, In haec verba. These decrees and ordinances I Alured King have gathered together, and caused to be written, a great part whereof, our ancestors have carefully kept, with many other, that I have thought worthy in this our age to be held and maintained with the like observation: & other some which I have thought not to be so needful I have with the conference of considerate counsellors in part abrogated, and partly established. And because it may seem a point of too much rashness, of a man's own head to add any thing more, also that it is uncertain what credit our posterity will give thereto, which we make great reckoning of, what ever I have found worth the regard in the Acts of my kinsman and countryman Inas, of Offa the King of Mertia, or of Ethelbert, the first christened of the Angles, I have brought together, omitting the rest. And in the consultation of them, I Alured King of West Saxons, have used the counsel of the gravest of our people, to all the which I have commanded that the same be executed and kept. Moreover in this king's time, Gutteron, alias Gowthram alias Gythrun, alias Gurmund, of some named king of Danes, by some king of Denmark, arrived in this land, and sometime having the better in arms, and sometime put to the worse, was at the last christened, and named by Alured, Athelstane, the year. 878, to whom he gave the kingdom of East England with the government of Saint edmund's kingdom, and also some writ Northumberland: with whom making league, and agreeing in the confines of their countries, begins in this manner, The truce & alliance which Alured and Guthrun kings have agreed by the advise of the wise of the English nation, and of all the inhabitants of East England, to the which they not only for themselves, but also for their children to come are sworn. Edward▪ Edward the first before the conquest called Edward the elder his eldest son, beginning to reign next after him the year 900. made and confirmed also certain laws, the first chapter whereof is entitled, Of controversy and judgement, and goes thus: 1 king Edward do again and again command all those who bear office in the common wealth, that they bear themselves as much as in them lies, just ●udges to all men, as it is written in the judicial book, without fear, boldly and freely, to declare the common law, and do appoint denounced days wherein they will deal in every question and controversy. This Edward also confirmed the league with the forenamed Guthrun the Dane in this manner, adding also to the former decrees by equal consents, these be the counsels, institutes and ordinances, which first Alured and Guthrun, than Edward and Guthrun kings at those days, were agreed on, when both the Danes and English accepted the treaty of peace. Athelstane Athelstane King Edward's eldest son, by whose prowess and valour it is affirmed this land was reduced into one Monarchy again, and laid so sore too the Danes, that since their first landing they were never so hard driven,) did also constitute certain laws and ordinances, beginning them with these words: Athelstane King, by the council of the grave father Vlfhelme Archbishop, and other my Bishops, do will and command to all officers, and such as have charge of justice. 1 Athelstane king, give notice to all put in authority in our dominions, that with the advise of Vlfhelme Archbishop, and other Bishops and servants of god, have ordered and set fourth. In the end of all he closeth with these words: These be the ordinances & decrees determined of, in the honourable counsel of Grantamlean, where was present Wolstane the Archbishop, and with him great company of the best and wisest sort called together by Athelstane. The assembly parted, the king had inquired how the peace was kept among his people, & finding it and justice smally to his mind dealt, enjoined more laws to his first, and thus shows the cause: ● Athelstane king, will all men to know, that having demanded why our peace is not manteyned according to my commandment & the decree at Grantamlean, I am certified from the experienced of my dominions, that the same is happened by my overmuch sufferance and remissness in punishing. But now at Christmas last at Exeter, being attended on with gravewise men whom I found most ready to venture their faculty, themselves, wives and children, to most great hazard, that these peace breakers might utterly without returning be expelled the land. edmund. The year 946. Edmund his brother began to rule after him, in whose time the Danes held Lincoln, Nottingham, Derby, Stafford and Leicester: who also erecting and confirming laws, shows this, by whom they were consented on, Edmund King held the solemn Feast of Easter at London, where were met a great company of the Clergy and laity, among whom were Oda and Wolstane archbishops, and many other Bishops, to provide for their soul's health, and theirs whom they had the cure of: And in an other place, I Edward King to all both young and old in my jurisdiction give knowledge, that I in the solemn assembly of the best seen of my kingdom, aswell ecclesiastical as temporal, have carefully inquired, and so forth. King Edgar his second son the year. 959, Edgar. was likewise a law maker, and thus entitles them: The laws which 1 Edgar King, in the freequented senate, to the glory of God▪ the dignity of my Majesty, and the profit of the common wealth have past. Etheldred or Eldred or Egelred the second son of Edgar, Ethelred. the year, 979, which altar a little, who by the murder of Edward his elder brother, named the Martyr, came to the crown, in whose time the Danes so entered this land, as ere they had done, the king fled into Normandy, and left his kingdom to Swanus, the Tyrant Dane, after whose decease returning, he not long after died: he also being doing with laws terms them thus: The council of grave fathers which king Ethelred, had at Woodstock in Marcia for the preservation of the peace, which is governed by the english laws: at the end of such particulars as are agreed on, he concludes on this manner: This our commandment & decree if any shall neglect etc. He shall pay to the king one hundred twenty shillings. There was a league made also by the said King with the army of Aulavus, justinus, and Gustimundus the sons of Stegetie the Dane, and goes thus: The agreement or part which once or of late king Ethelred by the advise of his wise confederates with them aforesaid did enter in. His son Edmund, Edmund, surnamed Ironside, parted the Realm with Canutus or Knought King of Denmark, who being slain by the treason of Edricke, Canutus enjoyed the whole principality: and though Swanus were the first Danish King here, yet held he not the kingdom so absolutely as this man did. He made more laws than any one before him, which are thus entitled, The decrees which Canutus, king of English Danes and Norway's, at Winchester at Christmas hath appointed by the advise of men of knowledge, to the honour of the God of heaven, the renown of the king's Majesty, and the benefit of the common wealth. Again in an other place he useth these words: These are the humane and laws politic, wherein using the counsel of the wise, I command to be kept through England. He began to reign alone the year of grace, 1019. Edward. Edward the Confessor after Hardikenitus the last king of the Danish blood, 1043. began to reign: he founded many wholesome laws, and was the first erector, as it is written, of the common law, which William Conqueror did after confirm, whereof this I find. After the conquest of England, the foresaid King William, the fourth year of his reign, by the persuasion, advise and council of his nobility, did summon throughout his land the nobles, the governors, the grave heads, and the Learned in the law, to hear of them their rights, customs and ordinances, whereof choosing twelve of every county, who taking their oaths before the king, directly, truly, and so forth, to show & declare the same, they brought the laws of Saint Edward as we have them now, and the king established them in that manner. William Conqueror The Conqueror himself began to rule this Island, 1066, (some reckon a year more) who also adding certain ordinances in the entrance, hath these words: Here beginneth what William king of the English nation, after the conquest, with his nobility hath appointed to be performed. I read that Henry the first his son, Henry. 1. who governed after William Rufus his brother, did at the beginning of his reign lighten the great exactions imposed by his father and brother, reduced and amended Saint Edward's laws, which as it should seem, were either forgotten, or would not be remembered, for all the father's confirmation, or rather show thereof, reformed measures, & appointed directions to be observed. About the thyrtith year of his reign he held a counsel at London, wherein it was thought good, he should have the Clergy within his censure. Maude the Emprice his daughter, first married to Henry the fourth Emperor of Almaigne, and afterwards to Geffrey Plantagenet Earl of A●iou, the 31. of his reign, had by her husband shortly after a son named Henry, upon the knowledge whereof he called his nobles together, & decreed, that his daughter & the heirs of her body should succeed him in the Kingdom. Grafton in the thirteenth year of this King, in his Chronicle saith thus: And in this time began the Parliament in England first to be instituted and ordained for reformation and government of this Realm. The manner whereof (as I have found it set out in an old pamphlet) I intend at large to set forth in the reign of King Edward the third, when and where Parliaments were yearly and orderly kept. the which I sought to find, but promise was not kept. Turning his book, I found in his preface to the Reader these words. And where I have in the ●3 year of King Henry the first promised to place the manner and order that first was taken for the holding of the parliament, in the time of king Edward the third, I have sigh that time for sundry good causes thought meet to omit the same, and therefore admonish the Reader not to look for it. Hereof judge you, and if you will have his reason, he is not far to seek. Stephen in a manner no sole sib to the Crown, Stephen. the right heirs being alive, was by the nobility admitted King. In his time the empress by the aid of her Bastard brother Robert Earl of Gloucester, the civil wars grew great, wherein the King being taken, and who now but the empress, as it were confirmed according to her just title: she was moved for the restitution of Saint Edward's Laws, but she was deaf on that side. The last year of this King's time, he and Henry the empress son, grew to communication and agreement. The King commanded his Lords to assemble at Winchester, where Duke Henry was honourably received, and there it was agreed he should adopt the Duke his son, and confirm too him the Crown of England after his decease. Henry the second his follower in the government, Henry, 2. of another claim held a council at the beginning of his reign at Wallingforde, where the Barons were sworn to the King. The eight year of his reign, he caused all the subjects to swear fealty to his son Henrye, touching the inheritance. In the ninth year Fabian sayeth the king called a Parliament at Northampton, and so termed it, (as also, in some other places he doth Counsels and calling togethers of the Lords by the prince) wherein himself vouches, nothing was done, but a pretence to reform and somewhat geld the preveleges of the Clergy. The same time a council was held at Claringdone, and before the King, the Bishops and nobility were sworn, to keep and confirm many decrees and ordinances. john Stow writes in his Summary of the Chronicles of England, that the 34, of his ragne, at Geldington about ten miles from Northampton he should hold a Parliaments touching a voyage to be taken to the holy land. But if you consider the haste the king made thither, the state at that present he stood in, the place, the shortness of the time, and the matters there communed of, you shall find that in terming this or such like consultation Parliaments, Master Fabian, Stow, Harding, and other English writers do rather use the word, as in deed it is proper, where any conference is, than that it carries with it, where it comes, the same to be understand to be the great Court of Parliament, in such general form and universal manner, as now and since the time of King Henry the third, we have and do use it, as you know the word is French, and this much importeth, A debating together, A conference, A consultation, A conferring, An enterspeech, A Communication, A discoursing one with another, which may be aswell with Ten for the word, as with Tenscore. Richard▪ 1 King Richard the first, in the eight year of his reign, returning from the holy land, his brother john, in his absence usurping the Crown, summoned a counsel of his Lords at Winchester, where by authority of the said counsel, 〈…〉ments, and lands, which before he had bestowed on him. After Richard's decease he possessed the Crown, john. and in the first and third year by the holding of two counsels (as some affirm) he had certain exactions agreed upon, for the maintenance of his wars: others writ, that of himself he levied the said sums. The eleventh year all men, took the oaths of Allegiance too him from 12, years upward. The fourthteenth year (here is some difference for the year,) the Lords and Barons required the use of Saint Edward's Laws, and the revoking of other wicked ordinances, the which he (not hearkening to the civil war begun,) yet at Barhamdowne the king and nobility meeting, they confirmed so much, as they departed quietly. The sixteenth of his reign, the king being slow to perform that which he was brought to perforce, the nobility took them again to arms, and so hardly set him, as in a meadow between Windsor and Stains in a manner Nolens, volens, he granted their liberties: and the Charter for their confirmation thereof, is dated at Rhyme mead, between the places beforenamed, to the which all the Realm was sworn. In the same year the Lords perceiving the King's disposition, to shift from that he had agreed on, sent into France for Lewes the son of Philip the French king, who arriving here, was received by the Barons and Londoners honourably, who swore fealty to him, and did him homage, and then all with one cry they seek out the king, who being at Winchester, was driven to fly, which town yielded & was sworn to Lewes, whether also repaired in a manner all the nobility. For all this stir, King john procured the Pope by means of Pandolphe the legate, to dispense with his oath, to reverse the Charter and liberties granted, and also excommunicate the Barons and Frenchmen. Henry his son, Henry. 3. of the age of nine years, young enough 〈…〉 Kingdom, and specially during such garboils, yet by the good government of Marshal earl of Penbroke, many of the Lords drew to him, and very shortly after Lewes was driven to leave the land, and being released of his excommunication, the peace was agreed on the ninth year of his reign, of his age the seventeenth, or thereabout. At the motion of the Archbishop of Caunterbury and other the Lords, the king granted and confirmed the great Charter: whereupon (as I can gather by some records) the ward and marriage of our children was granted to the king and his successors: the twelfth year the king refused to perform the liberties & Charter granted as before, for that the ratification past in his minority, and that now being of full years to bear the sway himself, he would be better advised. The twentieth of his reign is found the first Parliament of name and record, and yet not to be so thought a Parliament, as now we use ours. It is entitled, The statutes made at Merton. And further he says, It was provided in the Court of our sovereign Lord the king holden at Merto● the morrow after the twentieth day of Saint Vincent, the twentieth year of the reign of king Henry the son of king john, before William Archbishop of Caunterburie and other his Bishops and suffragans, and before the greater part of the Earls and Barons of England there assembled, &c, without addition of the third state of this land. Also you have a statute made the year after, entitled for the leap year, beginning, The King unto the justices of his Bench greeting. The 42. year, or after some the 41, the barons unwillingly bearing the kings driving off for the restitution of certain ancient laws, there was a Parliament at Oxford, which was called the mad Parliament, yet not so mad, but the king his brother king of Romans, and Edward his son, must and did agree thereto, tho much against their wills, because many matters were ordained greatly and too much against the king's prerogative, for the sure establishing and execution whereof, there were 〈…〉 charge & authority to see the ordinances made maintained, whether for the small worthiness of the laws, or the disorder in making, or the shortness of the continuance I know not, but I find not any of those statutes with the rest which are reckoned to be King Henry the thirds. These twelve noble men were no sooner in commission, but they began roughly, presently exiling four of the King's brethren by the mother. The 43. and 44, year of his reign there were certain assemblies, sometime of the nobility without the King, and of the king without the Lords, without any mention of our third interest, and all called Parliaments. This year in a Folkmote at London were all above twelve years sworn to the king. In the 45. year he had obtained from Rome a dispensation for his oath, and all others of his, which he and they had taken for the maintenance of Oxford folly. The peers during this pastime, unwitting, & unwilling, the king discharged Hugh le Spencer chief justice, and put an other in his place, expelled officers and Sheriffs admitted by the king, & appointed other to supply their rooms. Further, the king was grow●n to hard terms, which was, he should not pass over the Seas having large Territories in other countries, without licence obtained, as in this year appeareth. The next year as before in the. 44, were all men in London above twelve years of age sworn too the king and his successors. The 47 of his reign, the barons armed themselves, the King & Queen fled from the tower to Windsor, & by the way were too too unkindly used of the Londoners. The king & Lords fell to agreement (as Fabian writes) & were contented to be ordered by the doom of the French king who they agreed to be judge between them: the king, giving sentence, the Barons refuse, and fall to war. The year following, the King, his brother and son were taken in the Battle at Lewes, by means whereof the king grants a new the confirmation of the former statutes; & till matters accordingly be performed, Prince Edward, and the king, of romans son, remains pledges with the Barons. The 49. year Prince Edward being delivered, a Parliament or rather a counsel (because I find no statute thereof,) was held at Winchester, and all matters and decrees passed at Oxford were utterly undone, revoked, and called in, and all writings and assurances sealed for the same, were canceled & defaced. You have certain statutes concluded, I think, at Winchester, in your first volume, made in the year 51, of this king, in all the which you find no other words for the most part: but the king willeth or he commandeth: Unless he first allege an inconvenience happened, which to redress, he uses, it is therefore provided and ordained. The year after there were certain statutes passed at Marlebridge or Marleborowe, where you have this beginning. The year of grace, 1267. the. 25. year of the reign of king Henry, son of king john, in the utas of Saint Martin, for the better estate of the Realm of England, and for the more speedy administration of justice, as belongeth to the office of a king, the more discrete men of the Realm being called together, aswell of the higher as of the lower estate, it was etc. in all these statutes no word of enacted or ordained by the authority of this present Parliament, etc. is found, but it is provided and agreed, which shall be and shall not be, as the matter which is established doth import. In the end of these laws and decrees, and conclusion of agreement between 〈◊〉 king and his subjects, the Bishops do pronounce a● men accursed who shall go about to break, infringe or altar the liberties and free customs contained in the Charts of the common liberties and of the Forest etc. The preamble to the which Charters is in this manner: Henry by the grace of God etc. To all archbishops etc. our faithful subjects greeting: know ye that we unto the honour of almighty god, and for the salvation of the souls of our progenitors and successors kings of England, to the advancement of holy Church, and amendment of our Realm, of our mere and free will have given and granted, etc. Edward his son confirmed these Charters granted by his father, Edward. 1 and the third year of his reign held a Parliament, wherein were made divers statutes, and thus it saith: These be the acts of King Edward son to King Henry, at the first Parliament general after his coronation, on the Monday of Easter utas, the third year of his reign, by his council, and by the assent of the archbishops, Bishops, Abbots, priors, Earls, Barons, and all the communalty of the Realm being thither summoned: etc. And for divers considerations named, the book saith, The king hath ordained and established these Acts underwritten, which he intendeth to be necessary and profitable unto the whole Realm. And in the first Chapter, First the king willeth and commandeth, etc. The year following, other statutes were set down, by this Authority: In the presence of certain reverend fathers, Bishops of England, and others of the kings council, the constitutions under written were recited, and after heard and published before the King and his council, for asmuch as all the kings council, aswell justices as others, did agreed that they should be put in writing for a perpetual memory, and that they should be steadfastly observed. The next year he made certain laws at Gloucester, and hath thus: For the great mischiefs etc. Our sovereign lord the king for the amendmet of the land etc. hath provided and established these Acts underwritten, willing and commanding that from henceforth▪ they be firmly observed within this Realm. In the end of the Chapters of the same Parliament there is an explanation of it, termed, Expositions upon the Statute of Gloucester, which begin: afterward by the king, our sovereign Lord and his justices, certain expositions were made upon some of the Articles above mentioned etc. The seventh year other statutes were made: the notice of the first was given to the justices of the King's Bench, with this preamble, Edward by the grace of God King of England, Lord of Ireland, Duke of Aquitaine, to his justices of his bench greeting. Whereas, etc. as it follows in the act. And now in our Parliament at Westminster, after the said treatise the prelates, earls, barons, and the commonalty of our realm there assembled, &c, we command you that you 'cause these things ●o be red before you in the said bench, and there to be enroled, The ninth, the 11.13. in the which he had three Parliaments as it seemeth, the first wherein the statute of Acton Burnel was made, the second, he held the parliament at Westminster, wherein very many statutes passed, the third was at Westminster, the eighteenth, the 20.21.24.25.27.28.29.30.33. & the thirty four year, there were statutes made as appears by the records, in all which these words pass of Authority for enacting and confirmation: The King hath commanded, our sovereign lord the king hath ordained, the king chargeth all his justices, upon their faiths and oaths that they own him, that they shall see this and that executed according to the statutes: It is provided: our sovereign Lord the King to abate the power of felons, hath established a pain in this case, and for as much as the king will not that his people should be suddenly impoverished by reason of this penalty, that seemeth very hard to many, The king granteth, The king and his council at his Parliament held at Acton Burnel hath ordained these establishments: our sovereign Lord the king at his Parliament holden at Westminster in the eighteenth of his reign, of his special grace & for the singular affection that he beareth unto his prelate's, Earls, and Barons, and other of his Realm, hath granted. Wherefore our sovereign Lord the king considering fraud etc. hath straightly commanded: our sovereign Lord the King in his full Parliament holden the day after the feast of the Purification, in the twentieth year of his reign, by a general council hath ordained, & from henceforth hath commanded to be straightly observed, our sovereign Lord the king at his Parliament after Easter the 21. year of his reign, at the instance of the nobles of his Realm hath granted and commanded, too be from henceforth firmly observed: we have also ordained by the advise of our council at the Parliament of our sovereign Lord the King holden at Lincoln in the utas of Saint Hilary, the twentieth year of his reign, of his council it was agreed, and also commanded by the king himself, it is provided by a common accord: We will and grant that this statute shall take effect: it as agreed that such a writ of Indicavit, shall not be granted. In the 34. year of his government, and last statutes the first Chapter, he granteth in this manner. No Tallage or aid shall be taken or Levied by us or our heirs in our Realm, without the good will and assent of archbishops, Bishops, Earls, Barons, knights, Burgesses, and other freemen of the land. The fourth Chapter, he saith thus: we will and grant for us and our heirs, that all Clarks and lay-men of our land shall have their Laws, liberties, etc. as when they had them best, and if any statutes have been made by us and our ancestors, or any customs brought in contrary to them, or any manner Articles contained in this present Charter, we will and grant that such manner of statutes and customs shall be void & frustrate for evermore. In the 6 Chapter, where there is a curse set for the not performance of the premises, he hath, In witness of which thing we have set our Seal to this present Charter, together with the Archbishops, Bishops etc. which voluntarily have sworn, that as much as in them is, they shall observe the tenor of this present Charter in all causes etc. Edward his son (as I find in your printed book) made many statutes in his first year, Edward. ● his ninth, his tenth, his twelfth, his fifteenth, his seventeenth, his eighteenth, in all the which he uses the like manner of words, as for the most part be recited before. As Our sovereign Lord the king hath granted: our sovereign Lord the king willeth and commandeth: The king decreeth this is added of new By the king's council. Also it is desired that our sovereign Lord the King, and the great men of the Realm do not charge. etc. Our sovereign Lord the king intending to avoid and eschew such evil oppressions etc. By the assent of his prelate's, Barons, and other great estates, hath ordained etc. It is provided by our sovereign Lord the King and his justices, and also granted unto the Citizens of London, etc. And also Forasmuch as some points of the statutes heretofore made had need of exposition, our sovereign Lord the King, Edward son to king Edward, desiring that right be done to his people, at his parliament holden at York the third week after the feast of Saint Michael, the twelfth year of his reign, by the assent of the prelate's, Earls, Barons, and commonalty of his Realm there assembled etc. We will also, that this our ordinance shall take effect etc. But specially be it commanded on the behalf of our sovereign Lord the king, by the consent of the whole Realm. The measure of our sovereign Lord the king was made, etc. in the twentieth year of his reign, by some of his nobility and Isabel his queen, bad Lords and worse wife, as their doings in other cases after declared. He was imprisoned, and thereupon a Parliament was called, where Edward the kings son, not yet of the age of fourthteene years, was elected by the common decree king in his father's room, and in the name of the whole parliament, as it remains in some Authors: divers of the clergy & of the nobility were sent to the quondam King, to show▪ him their determination: who seeing no remedy, and smalller hope of recovery of his former estate, renounced willingly (when he could do no other) his interest and principality. If you will have this a lawful and full parliament, I must pray god to keep us from many of them, because of the hardness of the example: for the king was badly murdered, within less than a year after, and yet you see what words of Authority it hath. Edward. 3 Edward the third held the crown fifty years and odd months, and had in his time 26. Parliaments at the least, in some of the which there was not above one statute made, and that of no great importance. In the first Parliament the books go upon certain petitions and requests made to him, That is: the king in the said Parliament upon such Articles above rehearsed, by the common council of the prelate's, Earls, Barons, and other great men, and by the commonalty of the Realm there being by his commandment, hath provided, ordained &c▪ the same Sessions at the request of the communality of his Realm, by their petition made before him and his 〈…〉 Prelates, Earls, Barons, and other great men assembled at the said Parliament, hath granted for him and his heirs etc. and so proceeds to grant and confirm always the liberties of the great Charter and the Charter of the Forest, whereof for the most part there is mention first made in every Parliament, in all the which (few excepted) he uses these words or such like, and specially till his 14. year, in which he had a liberal extraordinary aid or subsidy granted him, By the assent of his Prelates, Earls, and Barons and other noble men of his Realm: and at the request of the commons, after many times he puts in, The consent of the Commons, whole commons, full parliament, and that chiefly when as he obtained of them subsidy, Task, fifteenth, Disme, or custom, as if you turn the records you shall find: and yet oft he names them not at all, but hath thus: Council and treaty there upon had with the Earls, Barons, and our wise men of our said Realm, etc. We considering, etc. have had there upon deliberation and treaty with the Prelates, and the nobles and wise men assisting us, of whose mutual council it is ordained etc. oft putting in with the assent of the commons, oftener, at their request and petition, which he uses not when they granted him subsidy, Tax, aid, custom, fifteenth, tenths or Lone. But then the statutes carried these words, With the consent of the commons, which they well deserved. And also deeds of congratulation aswell as allowance in terms, for like most liberal, dutiful, and considerate Subjects (I will think) willingly did grant their large contrybutions, no larger than often, nor ofter than needful considering the divers wars of their prince, they did nineteen times bestow towards his charges their money help (if I did put in more, as I suppose I should not lie, so should I not incur any offence) and that divers of them to continued two years, three years, & six years. A new kind of willing duty, if you look how always before, like matters in a manner were perforce extorted scou● them. In Lieu whereof, as a gracious prince thankfully accepting their doings, as good cause he had, ●aue them at the least, nine general pardons, with some exceptions yet not many. And whereas for the most part the wols of this land before other commodities were most exacted of, in his 36 year it was enacted, that no subsidy nor other charge should be set nor granted upon the wools by the Merchants, nor by any other from thenceforth, without the assent of the Parliament: rare precedents to find before the conquest in William Conquerors time, or since in a manner at all till this king's days. Richard. 2 Richard the second his successor, held even on as his Grandfather began, had almost every year a Parliament, according to the statutes, that there should be one yearly at the least. In the beginnings of all the which, almost the great Charter, and that of the Forest, with all Liberties to holy churches, franchises, etc. were granted, established, and confirmed, and the authority of passing the acts, is as you have in his predecessors time Edward the third, sometime with one manner of words, and sometime another. He had very many, free & bountiful aids of his subjects by money, in number for his two & twenty years time, no whit wanting with his grandfathers, & likewise by diverse pardons he declared his good accepting of them. Henry. 4. King Henry the fourth, first Earl of Derby, than Duke of Herforde by his father john of Gaunt Duke of Lancaster the fourth begotten son of king Edward the second, also invested with the title of the Dukedom, no more against king Richard 〈◊〉 than against law, right and justice, did claim the Crown, and at London called a Parliament in king Richard's name, as much without his direction, as without just authority, and how far without the full parts of an English Parliament, which we brag of and justly may, I refer me to the judgement of deeper heads than mine own. In this Parliament forsooth is 31. Articles at the least laid to our King Richard, a shrewd & an unaccustomed precedent. Well, it was thought by the most part that he was worthy to be deposed, and provision according was provided. But King Richard's friends going to bed without candle, when none was to be had, persuaded their master too yield (contented) the Crown from his head, which otherwise would have been snatched off perforce, and brought the skin with it. He doth resign, he craves life without reign, it is liberally granted, but more liberally broken with hasty & shameful slaughter. As who searches shall found, to whom I rather commit the reading, than I to call to remembrance such undutiful hard dealing, & specially when the Parliament hath any interest in the same, or should be noted with error. This Henry the fourth reigned thirteen years and somewhat more, in whose time there was almost every year a Parliament, in all the which for the most part, first the Charters and liberties be confirmed to all men, and the Acts be thus authorized, Henry by the grace of God. etc. of the assent of the Prelates, Dukes, Earls, Barons, and at the instant & special request of the commons of the same Realm, assembled at his Parliament holden at Westminster. etc. All establishments, confirmations, and makings of statutes in his time, you shall find still at the request, earnest instance and prayer of the commons, yet was he king, as you have heard, and in the first year of his reign he had such a heavy Tax granted him, as it was conditioned it should not be recorded for a precedent: divers others he reaped the benefit of, & returned also sundry pardons to the freeing of many of his subjects. His son Henry, Henry. 5. was King nine years and somewhat more, and yearly (as it seems) held a Parliament, but his sixth year, in all which wherein the commons were named, he saith as before, for himself and the Lords he hath at the special instance and request of the Commons in the same Parliament, etc. Hath done to be ordained etc. The liberties of holy Churches, the Charters and privileges are enacted and agreed soundly to abide in force. I can not perceive for all his great Conquest and wars in France, that he troubled his Subjects in a manner at all to speak of, with Tax or Subsidy. That small aid he had, rose (as I can gather) of some tenths, and Fifteenthes, were granted him. And yet did he for custom, courtesy, or congratulation sake, also impart his pardons. Henry. 6. He left his son Henry in his place, being but eight months old, during whose reign, the parliaments were very thick held, as in the former times. As this Prince was very young at the death of his father, so was he when he came to age, more given to quietness and Religion, than to worldly affairs or weapons: And therefore it may be gathered, that the nobility and commons stood not in doubt of the infringing by him of great Charters, and liberties. Wherefore they laboured not every Parliament, the confirmation of them, as in his Predecessors time they did: for in his Parliaments, we find no such mention made of them, as usually is had before his government for making of Laws, most commonly I see, Our sovereign Lord king Henry the sixth, at his Parliament, etc. By the advise and assent of the Lords spiritual and temporal, and at the special request of the commons of the Realm, being in the same Parliament, have done to be made. etc. There is also, Our sovereign Lord King Henry. etc. For the weal of him and of his Realm; by the advise and assent of the lords spiritual and temporal, and the commons of the same Parliament assembled, hath made, ordained etc. This last manner of mentioning the commons, it is in the middle of the king's reign, which might proceed of some occasions, which yourself may find out, if you turn over the chronicles. I take it needless to be written. In the thrifty three year of his reign, there was something enacted in a Parliament touching the Lord Richard Duke of York, and also in another, in his thirty three year, concerning the same Prince, which I cannot be persuaded that King Henry de mero motu consented to, I do not understand that he burdened his subjects in a manner at all with exactions, for all his continual and great wars in France, but rather contented himself with the loss, and so far, as in less than forty years he forewent the Crown of France abroad, and lost his kingdom of England at home: And though by his friends he recovered the one again, yet would it not be kept, but he that received it first, eft obtained it, so that King Henry was deprived the second time not only of his regalty, but presently of his life. Edward Earl of March right heir of the house of York, Edward. 4. was the man that Kinged it in King Henry's room, and so continued it twenty two years, and somewhat more, during which government he had at least ten Parliaments, in all the which he names his authority, and the nobilities advise and consent, and the instance and request of the commons, but only in the Parliament the third year of his reign, wherein he says, At the Parliament summoned at Westminster. etc. the third year of king Edward the fourth after the conquest, divers statutes. etc. By the advise and assent of his Lords, spiritual and temporal, & the commons of the same Parliament assembled, and by authority of the same were made etc. During which Sessions he had granted him by statute the tonnage and poundage of wines and wayres, not for a year, or two, but during his natural life. In his second year he had liberally yielded him large sums upon his privy Seals: he had also divers, fifteens, Loans, and benevolences. In his first Parliament, Charters, privileges and liberties were confirmed. But I see no store of general pardons in his time, although it was and had been a busy age, by means of the quarrel between the two great houses of York and Lancaster. His brother Richard by that unkind making away of his nephews ruled the roast two years, Richard. 3. two months, & a day, whose statutes are enacted, as before, at the request of the commons of the same ●●●lme, yet sought he by all the favourable ways he could, too purchase himself natural subjects, though he unnaturally came to the kingdom. Henry. 7. Henry the seventh after him obtained the Crown, in the beginning as it were by force, next confirmed by the marriage of Elizabeth eldest daughter to Edward the fourth, who called divers Parliaments, and in them all takes this course of authority for enacting of the statutes of the same, The King our sovereign lord, Henry the seventh. etc. in the first year of his reign, to the honour of god and holy church, & for the common profit of the Realm, by the assent of the Lords spiritual and temporal, and the commons in the same Parliament assembled, & by authority of the same Parliament, hath done to be made certain statutes. etc. He had sundry exactions, subsidies and benevolences, whereof ensued some dangerous and troublesome civil wars, besides the putting in execution of many penal statutes, more profitable to him, than welcome to those who paid for them. If you look Master Hal the Cronycler, you shall find more than enough touching the same, and specially so broadely to touch councillors for doing their prince's commandment in matters lawful, though in deed (I must confess) odious to the people. King Henry being not like to recover a sickness had taken him, either by remorse of conscience, or by other occasion it pleased him to conceive, did pardon those matters for the which he could not chose but hear the grievous repining and murmur of his subjects. Henry. 8. Henry the eight followed him, in whose time were made a Bible of statutes, and till the two and twentieth of his reign, h●●ad the very same words, as his father used in the beginning of his parliaments, and though then the same still followed not in course, yet the parliaments were held of the estates, wherein the commons were one. What subsidies, and aides of money he had, and what and how many enacted pardons he gave, now to repeat is but loss of time, sith we are come thus far. To go thorough with king Edward, Edward. 6 Queen Mary. K. Philip. Queen Elizabeth. queen Marie, king Philip, and our most gracious Princess her majesty that now is as I have with the rest, were burning of daylight. Sigh we have hitherto brought the Parliament, now let us shortly gather what we can of these Collections touching the original Antiquity and the manner thereof. First Brutus in the year of the world, 2855. before the year of grace, 1108. began the Empire of this isle. He found it without laws, he made some. Mulmutius, 441. years before christ added more. Gurguintus put a little to. Marcia that noble Queen, about the 360. year before Christ confirmed many: and so remained this land, governed (I suppose) without our form of Parliament, for I cannot perceive there was any state of nobility. The great Cities and borrows were long a building, some 300.400.500. years, one after another, and more: The Shires neither divided, nor inhabited: a nation living in civil wars, theft and ravin, barbarous, often for want of foresight and law so dispeopled, as hardly there remained sufficient to manure their lands, and less, too defend their Territories. The year. 51. before our saviour took flesh, julius Caesar the Roman made conquest of this region, and annexed it to the Roman authority, who had tribute (though sometime it were denied) and governed by their Captains and Emperors, took the defence of the same upon them, as their often hither coming with armies & building of walls between the Scots, picts, and Britons, doth well witness, till the 443. year of Christ's Nativity, at which time they neglected the matter, not willing, as it seemed, to buy a trifle too dear, nor daily to be troubled to come from Rome, but a step, to defend them who had no ability to hold their own feet, nor (as it is to be feared) would learn. And although in this time somewhat is indicted by Eleutherius the Bishop of Rome to Lucius, who is accepted the first Christened king, yet if you weigh the matter well, you shall find, that will not do● About the year 450. the Saxons and Angles being sen●e for, entered, and look how many kingdoms they erected, how long in wars before, how they continued, how they were brought to one Monarchy, and the sequel then, and you shall find there was no leisure for Parliaments. In reading, I have gathered many flowers out of Master William Lambert's garden, a gentleman after my verdict, though unknown to me, for his painful, rare, and learned Collection, worthy to be known, and then (no doubt,) of all well disposed too learning and knowledge of the antic customs of our Country, to be greatly honoured: I could make many Nosegays for you out of his well set plants: but you are young enough to gather them yourself, & I will yield that to Caesar which is Caesar's due, though perhaps I would be glad to be worthy to be Caesar myself. Yet thus much I will put you in mind what you shall have in Master Lambert, for the seasons of the Saxons and Angles kingdoms: They divided the Shires, the world is their●, they parted into hundreds and weapon-taxes, the speech is old English, Folkmoot and Sheremote was appointed by them, compounded Saxon words, of the which there were two uses in the Saxons time, for there were two sorts thereof, one in the same nature that we have le County Court, the other, le Turn deal Vicont. S. Edward in his laws appointed also two kinds of Folkmoteses, which were given notice of by the ringing of bells, in old English called Mothel. The first was when any unaccustomed peril or danger, was doubted to the common wealth: And then were the hundreds and Weapontackes within the Shrivalties gathered together. And also within themselves the Burgesses of Cities walled, borrows and fortresses of strength (to the which liberties and privileges were granted, because their force was better able to keep together and defend the people in the time of Hostility,) assembled to council what way were best to be taken in such times. Also in the same Folkmote, which oft times is named the Common council, the subjects of this Land did their fealty, and were sworn as here before divers times. Touching the oath to the prince I have recited to you: And for sufficient proof hereof, the Londoners of late years have used the word, and at this day directly in effect keep the matter, when they assemble themselves, as oft as need requires, to their common council, the Folkemote in deed. The second Folkemote was for the electing of Sheriffs, and officers under them, for taking order that the watches were kept, and great heed had to scathe fire. In the Saxons government 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 each held the rights received fro their ancestors. The Saxons kept themselves kings hear, though with much a do & great continual slaughters, not only w the ancient inhabitants of this land, but with themselves, one king with another, till the years 1018. during which time you see many ordinances established, but how far from the way of our Parliament your own discretion will conceive, if you have good consideration of the times, people & manner of lawing. Canutus the Dane the year. 1018. was absolute king of the whole Realm, which the Danes claimed first by conquest of Swaynus their king, father to Canutus: ano next, by agreement made between Edmund Ironside and him: his laws you have: see what you found ther. So gratconquerors do not commonly grant such large freedoms to subjects, to have interest with them in the common wealth, neither yet do bind themselves to so hard terms, to establish nothing without the consent of the other two states. Far unlike it is, that of Danes he had full supply too furnish the whole state of nobility, and the whole borrows and counties: But grant he had, shall I believe he would set down another manner of government than the Danes do at this day, & almost have always maintained, which is, all things to pass by the kings avority & the nobilities, without the third estate. He was not constrained at any time against his will: for the poor English nation, God knows, were laid low enough. The Danes reigned not here above twenty five years, allowing Canutus the first king. Yet would I feign learn, whether by Parliament and general consent of the three estates thereof, the excessive tributes were granted, and the exaction called the Dane gelded which the English people only even from the beginning of the reign of the Danes were compelled yearly to pay to their kings, was Parliament wise enacted. Saint Edward's laws, if you look over, you shall find nothing to serve your turn. The Conqueror William in the year 1066 obtained the Crown: how straight a hand he held on the subdued inhabitants of this isle, is well known. Till the twentieth year of Henry the third I hear of no Parliament, unless you will have all consultations parliaments, as in the fortieth of Henry the 8. I see a statute made for one Richard Strode a Burges in that Parliament, for that he was condemned in 160. pound at certain Courts of the Steynery, and by authority thereof imprisoned for the same, because he had (as it was alleged) greatly hindered by his speeches in the Parliament their liberties and privileges. Upon his complaint to the three estates, the Act was made for his discharge, in the end whereof an inquiry is appointed touching the digging of tin: and the letter is thus: Be it inquired for our sovereign Lord the king, that whereas at the Parliament holden at Crokerentor before Thomas Denys deputy too sir Henry Marney knight warden of the Steynery etc. Here you have your word otherwise applied than we accustomably do. So that the word carries not away with it always the fullness of the matter. Some would long sith have comprised in it, how King Henry the third was by arms constrained to do what he would not. You have recited to you what authority he uses in enacting: you also have, & likewise I have gone thorough all the Parliaments of the rest of the Kings, which I have thought needful: the exact overloking whereof, and due noting of the form of the nobility in time past, after the Danish manner, great sway bears in this common wealth: the aids, subsidies, exactions and customs generally so often consented to, with better wills, and more quietness, than in former ages: the number of penal statutes and general pardons of the Prince, will dissuade the Antiquity of our third voices, which many do defend, and also will show a light of the admitting the third person in this trinity. I cannot meet with the name of the Knight of a Shire or Burges of the Parliament, or any such men, mentioned till now of late days. In the twenty seventh year of Edward the third, in the beginning of a Parliament he says thus: Whereas good deliberation had with the Prelates, Dukes, Earls, Barons, and great men of the Countries, that is to say, of every country one, for all the counties, and of the commons of Cities and Burgesses of our Realm etc. The fift year of Richard the second there is a statute, That if any knight of the shire, Citizen of City, or Burges of Borow, did not upon summons come to the Parliament, not having lawful excuse, should be amerced. Anno 12. of the same king you have an act for the King's wages. Anno 7. of Henry the fourth it is enacted touching their elections. Anno. 1. of Henry the fifth you have the like for choosing of Knights and Burgesses. In Henry the sixt's time and after, there are sundry Acts concerning the same matter. If you consider the late enacting of these things, you shall find later use of our new Parliament, than of some is thought: for I think Knights and Burgesses never could nor might appear in Council before they were authorised, and the manner of their appearance known. It may be that you and some other who shall meet with this my proceedings in this matter, will marvel why I make so long a preamble, and that in such form, to so short an advise which I send you. Again, the world is many times so aukwardely disposed, as it will deem the worst of men's meanings. And least the repeating of these things to you should of Malbouch, who never said well, be conceived, that I shoot to disgrace that noble, grave, and necessary third state of Parliament (which if I were so lewdly disposed, I never were able to touch)▪ I first protest before him who knows the secrets of all men's workings, it is furthest from my thought. The cause of this my long recital of one thing and other, grew of three parts. One, to show how happily we obtained that rare interest in the common wealth, where the monarchial government strikes the stroke, thereby to thank God, without whom far less matters cannot stand. Secondly, that we should not be forgetful of the great, gracious, liberal, and continual favour of the Princes of this land, who have not only consented freely to the confirmation of this third estate, but more than that, never undoubtedly repented the allowance thereof, as well may be proved, for that they never cavilled therein. What contented minds of late ages, the kings and Queens of this Realm have carried in matters of Parliament, when things have not fallen out currant to their expectations, I think not only all Parliament men, but the whole country knows. And if I desired to pick thanks the most allowed way, which is, in telling truth, I could make a long libel of her majesties) that now is) particular patience, favour, great suffering, and well accepting of matters of Parliament: but I will leave it to a better workman to be booked by itself, because it will ask a great volume. thirdly, to show what a jewel you have of this most free, general, and universal consultative kind of Lawmaking, thereby to be careful, not only to keep and preserve that odd grace granted to no nation, but to ourselves, in such like regiments, but also in all respects dutifully to put to our endeavour to be worthy members of so great a council, I will but remember you of a few lines of Plato, who never knew England, and much less the English Parliament in his book of his common wealth he makes mention of three kinds of rule, viz. Monarchia, Aristocratia, & Democratia. Where the Prince doth all (says he) laws shall be made as best shall like him, without regard to others: where nobility, and a certain number of the greatest hold the helm, the ship will be directed to what haven they please. If decrees and ordinances lie in the multitudes heads, they will be popular. See you these imperfections for the want of combining these three kinds together, which done, and no law pass without all their consents, who shall have cause to complain? who is exempted out of this common wealth? who is wronged or put to the wall? who agrees not to his own wealth or want? O Anglia terque quaterque beata, that doth enjoy that blessed privilege, which to maintain, as I beseech all men, so to my best I will proceed to advise you, of whom I have most tender care, to take such heed in all your actions touching the same, as it by you may be (Pro virile) strengthened, you experienced and well deserving thereof, and I joyful to hear of the considerate discharging of your duty. First is to be considered what your authority is, and how far it doth reach, from whence you had the same, what trust they have committed to you, and what they expect at your hands that elected you thereto: Then by what means you shall best discharge, without the indignation of the Prince or misliking of the nobility, that trust, to the profit of your electors. The former parts are easier to be set down than the latter points, drawn into assuréd advices and unfallible precepts. But because (as I said in the beginning) I am to writ too you, who I am sure will take in good meaning my well determined remembrances, rather than scrupulously pick out the insufficiency thereof (which I must confess is great) yet not wholly so fruitless and unfurnished, but that you may gather some few Apples out of a small Orchard. Our Parliament consisteth of three estates: First, the Prince: the second, the nobility, such as are admitted by their succession, whose ancestors have been of the house, or the king, doth call, and the Bishops: all the which without special licence must be personally present: and if they be by any means absent, they give their voices to some one they best like, who is resiant. The third of the Commons, wherein is comprised the younger sons of the nobility, and in a manner all the heirs apparante, very few except, the father's ●●ing, all the gentry & the whole rest. It is thus furnished: there are two Knights chosen of every county, but in Wales where the Shires have but one, and of every City and Borrow Corporate two Burgesses, few except, who of late time were made corporations, and also the Cities and Borrows in Wales, who follow as their counties do. Of these knights and Burgesses is your third house. Without the consent of these three bodies no new invocation hath power to deprive the subjects of this land of life lawful inheritance, or goods. The authority thereof doth stretch to them all, to take away life, inheritance, yea of the Crown of this Realm, and every man's chattels, and hath full power to make and altar laws, and to use the English phrase, the law lies in their hands: the Prince is sole of herself, and enacteth nothing alone: the nobility and Bishops are upon the point of eighty, and rather under, sometime more or less, as some may be under age, & some bishoprics void, who offering a law, do make none of themselves. The third and great body of this council consisteth (the king, nobility and Bishops foreprised) of all the inhabitants of the country, and therefore of a mighty number of members: yet can it stablish no ordinance absolutely suo iure. But see the great and to other people untasted of benefit of this law making, as I have said before: shall one enact? no: shall two estates bind the third? as little: shall the whole three strick it up? god forbidden else: for (as before) who can complain when his agreement is 〈◊〉 and who denies, when all men say yea? So when the greatest number of the Lords, and the most of the commons consent, though some be far off, yet it doth import general ratification: else how shall you labour? in vain: for it is not possible that so many should directly bit upon one mind and judgement in things argued: we can have no more that just Harmonye of concent, that the .77. Interpreters of the Bible had, and yet no doubt (I trust) the best for the most part taken. Your authority you see, now go forth: who put you therein? The lower or common house of Parliament standeth of 442. persons, 78. Knights, and 326. Burgesses for England, and for Wales (Monmouth Shire accounted no part thereof) 12. Knights, and as many Burgesses: for the ports, which are now 7 accounted, fourteen, which are called Barones portium, who are chosen by the whole commons of the Realm, under which name is understood (as you have before) not only the artificer, the Beggar, the yeoman, the husbandman, all and the whole, all of those sorts, but also the universal gentry and many of the nobility of Birth, who are not Barons of the higher house. The Knights are elected by the county, and should be inhabitants in the same: the Burgesses in the corporations, which by statute are appointed to be dwelling Burgesses in the town from whence they are sent. So that it is plain, that you have your authority of the greatest in number, the mightiest de se in force, and by whom the Prince is maintained, the country from age to age manured and peopled, and the Lords remain Lords, whose rents and services could not be due without them. Now think with yourself what confidence these persons have in you▪ when they appoint you in this Rome of enacting or disannulling. Your number of Parliament men you see in your house are few to the huge multitude of them whose consents are bound by your agreement. What think they when they chose you? first that you are religious, wherein is comprised many parts, as to fear God & to be charitable. And th● there be many other points which particularly might be recited touching religion, yet in the love and fear of god and the Charity towards a man's neighbour I conceive all other branches to hung: next, that you do entirely favour your Country and tender the wealth thereof: thirdly, that they are persuaded of your wisdom, grave judgement, experience, and diligent consideration: fourthly that you will not be abused with fair words, terrified with threatenings, corrupted with bribes of the great ones: fifthly, not wrested by gifts of equals, nor moved with the affection of the friendship of them: sixtly, not fret with the Canker of malice and envy, nor subject too sudden fury, the overthrower of all good proceedings, which will procure you careless of your trust: seventhly, not expecting commendation by eloquence and Oratory words, rather than by substance of direct matter, reason, & truth, but above all things, wholly and only hoist up your sails to serve in all respects that body whereof you are a member. They commit unto your considerations their liberties, no● only of person but of living, their goods, their lands, their lives, their attainders of blood, all that they have, shall have, or can have, their wives & children already borne, their posterity to come, whose inheritance to accrue by discente & honour from ancient predecessors too be invested with, they yield into your hands, and not only to bind them hereafter to stand to your doom and decree from time to come, to allow of your positive direction not already passed, but also submit themselves and all before recited, unto what you shall dispose of it, with a looking back consideration whereby you may nearly touch them: the confidence placed in you is so great trust, Iterum iterumque Cunctando, as Quintus Fabius Max. did, to be thought of in this case. Now let us see by what means 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 hand Uirginlike, in the simpleness of your mind, and well meaning of all things. Take heed of two faces in one hood: deal with reverence to the prince, with duty of betterness to the Lords, and with waking care with your fellows. I may not deny but perchance some Prince may be willing to procure the passing of a law more beneficial in particular to himself, than pleasant to those who are represented in your house. And also the nobility may do the like in their own causes: may you not dutifully repugn such demands? may you not argue the inconvenience is like to ensue? may you not dissuade? may you not boldly yield your no? Yes assuredly, and incur no displeasure at al. And although you may be frowned on by the Prince and others, yet they will know you well enough, commend you in secret, glad to win you to employ in service, judge you wise, honest, and one worthy to be trusted, and not a Butterfly, a six weeks Bird: Whereas if you follow their humours, if their turns be served, if you play, the hireling, they perhaps will smile upon you for the time, never trust you, but in the end shake you off. Princes be glad of traitors of their enemy's subjects: Yet what Prince would have any of his own people so? or will trust the others in any action, but to serve a present turn? As Demades answered the ephors very well, who moved him to commit the leading of certain Soldiers to a traitor: you shall pardon me (quoth he) for trusting him with mine, who hath betrayed his own. If you will soothe and juggle, you shall have john servingman's reward, yea at the prince's hand & the nobilities. Although possibly you have heard the tale of this well shotten john, yet thus it was: A gentleman not best experienced, stood well in his own conceit for judgement (as commonly the simplest do) his chance was to entertain a servant wiser in deed than the master, but too plain a dealer to profit himself, and therefore no worldly Doctor. This Gentleman taking his opinions conceived, always to be infallible, would break them with his man, not so much to confer for his advise, as to set out the ripeness of his own capacity, who pierce iving his Master was in a manner always in a wrong Box, and building Castles in the air, or catching Hares with tabor, could not soothe such unlikely toys, whereby he must seek him a new habitation: who would keep such a contrarying Knave? report goes this man is out of service, and why? forsooth the 'cause is recited, Master john a currifavour meaning to thrive where the other could not, among his Emes and kindred taken a proper nurtured hind, seeks out this gentleman with very low curtsy, gives his wor: the time of the day, demands if his wor: wants a servant, and worship and Mastership hath much ado with him. This clean speeched man is entertained, the master confers nothing with john, but john plays the john, he highly commends his masters devices, he praises his judgements: what so he speaks be it never so fond, john swears doth proceed of a good wit. As Stephen the fool of Huntingdon was wont so say, time teacheth experience, far he goes that never returns, and very simple he is, that daily swalloweth flies and will not learn to keep his lips together. This gentleman began to find that john did guile with him, whom too prove, he brought into a very fair meadow, and as it were out of a great study demanded of john how to most pro●it he might employ the same: john musing what to answer: his Master followed, now (quoth he) can I tell how to reap great benefit hereof, Salt is at a high price, I will sow the Meadow therewith, if God send me a good crop, I shall be a made man. john hereat claps his hands on his thighs, jesus, Master (saith he) you shall drink before me, for I thought upon the like matter. Here is flattering john taken: by whom? by a simple man, by one who delighted in his music: he plucks his Coat over his ears, he knaves Master john, and turns him out of the doors like a Rascal merchant. If you play john's part with Princes, whose experience and wisdom of themselves is great, and much by council, do you think to avoid john's reward? If you john it with the nobility, do you deem them children? will not nobility follow in deed the nobleness of blood, to abhor and detest such shameless shifting jackeryes? yes assuredly, to your utter infamy and overthrow. But take the other course, and truth may be blamed, but it will never be shamed It may be looked big on, but it will not be out of countenance: it may be shut out of the door, but it will be sent for in again and set at the table with the best, when Courteous Master john shall be glad to take the leaving of the Pages: and hereof assuredly persuade yourself, unless your mind be so far possessed with mischief, too think the Falcons can feed of carrion, or Dolphins delight in puddles, which as by nature they do abhor, so do Princes & nobility by long succession nourished and bred in honour, reject and contemn all such servile disobeyed and treasonable shifting. Now are we come to consider how to answer the office your trusters put you in, not for any particular profit, but for the whole common good. Hoc opus hic labour est. But if those good parts be in you which they persuade are, as is recited, the burden is soon discharged, to all your commendations, welsh & quietness▪ First they account of you as one religious etc. and after as you have heard. As touching that part I presume not to deal, because the Cobbler may not pass the shoe: but with fear I will reverently with all good meaning embrace the sound and perfect opinion of the Learned, which for the two parts, the one duty to god, and the other to a man's neighbour, lies open to all men by divines, the latchets of whose shoes I count not myself worthy to unloose. Marcus Tullius Cicero, let me remember you of, and of his treatise de Amicitia, which being a boy, (as Scholars do) I did unwillingly acquaint myself with. He makes not (as I take it) above four pair of friends, whose names being so common, to repeat again, were but spending of ink and paper. He commends, when men would so far (as I may term it) believe in other for friendship sake, as they drew cuts who should go to the hack first: and not so only, but the one would face down a lie, to be tormented to save the other. Tulli said true, for he said it Historically. I am sorry the Paganism may cast in our noses four rare examples, and we not able to afourde them one such coupple. If you had such a one yourself as Euryalus was to Nisus, Damon to Pythias, Orestes to Pylades, and Theseus to Pirithous were one to another, you could not but make of such a jewel. And if you would beguile him who should have the loss? yourself only, in respect of all extremity among the best, (by whom I mean the virtuous & not the Turks Bassas) for why? ingratitude should rather deserve quartering, than clipping of coin. This friendship for such affiance & trust between party & party is rare, is commendable, is not to be found, and yet dependeth upon particular action between two: it is determined between them, that is, at the death or absence of either of both, and then so far as well wishing may extend. But see what the commons of England put in your hands, when you are chosen a spokesman for them. They end not with their lives that make you a Parliament man, but with the particulars, and all in all that I named before. Will you have more than all given you, of him that demes well of you? you cannot. Do they store up in you by trust conceived, what depends upon them (as it is recited) it seemeth so: judge yourself. Will you go to Law of nature, to the Law of God, to the Law of Princes, too the Law of Confederates? will not all condemn you if you juggle? I have found it so. Although in very deed some men accept juggling for an English word in good part, yet I never understood it in Chaucer or old English, neither in the conscience of the professors of Charity or well dealing: part the words at your pleasure enter too Ethnics or too christians. Here is the war, here is the danger, here is both your credits, that is, the electors theirs and yours, upon a mum chance, (pardon me if I offend in words, I have played at the dice). If you discharge your trust well, they are in your debt, & they well may vaunt of the perfection of your execution, not more that you have done a thing commendable in general, than that they have chosen in particular, so sufficient a member in so great a cause: here is a good Harmony, the well & true singing of which song makes all men merry at midnight, at all times, in all things, & always, not now only present, but to come, yea those who never smelled of the matter, if you go a truanting, if you play legerdemain, if you will be bridled, if you gape for ambition, if you play the Mongrel, if fair words abuse you, if carelessness make you hold no hand of your doings, if fury make you drunk, if affection blind you, hereof will proceed not only to your trusters & theirs now borne & unborn (I use the word still, because I know not how so rightly too hit the mind 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 show may make you think the contrary. And therefore what I have gathered of others, for Praeter auditum nihil habeo, I will follow, which and God grant, you may receive as much benefit thereof, as I desire, if you want from me, the fault is not mine, you have the best I can upon the manner of writing of letters. I persuade with myself you cannot possibly play the spider with these my barren flowers, though it were in May or june. If you make any honey of them, I will be the gladder to go to my grave in consummatione aetatis mei, for that to you and to my country, (two parts of my greatest care) I shall be assured some benefit will redound by the relics of my collections, which I never tended for my own preferment▪ so much as for the advancement of the common wealth, as is to be gathered by my beggary, which perhaps I might better have withstood, if I could have given myself Adulari, and Sycophantari. Your countries welfare must always be your only and greatest care. The flourishing whereof is the Prince's strength and toylity, the nobilities quietness and greatness. For as a King cannot King it, without people, nor lords Lord it without tenants, no more can nations live in commonwelths without the higher authority: The music of which three joined and agreeing in one, doth make the old onelegged man, hop for joy, and the white hears to die in peace. See how god hath given to all men the liking of the land and soil whereout they are bred. I will not speak of delicate France, of fat England▪ of fruitful Italy, of careful governed Spain, of wanton Germany▪ and other like countries, wherein we have not only more than sufficient to feed and cloth ourselves with, besides many nice & superfluous delights, but never dere with extremity either of cold or heat, or for want of civil rule to condemn our quietness. But go to the naked Ethiopes in Africa, whose sowty colour and cave dwelling, declare the persecution they suffer by heat, banning and cursing the sun going down who leave them for all the shifts they can make as smoking brown bread new drawn out of the Oven, their homely diet serpent's flesh, with a few starved cattle which they have in estimation as their lives, naming their children by their names and not after their fathers, for that they acknowledge the sustentation of their being of them, and for the same, live in continual wars among themselves. I count not thick English Beef, or Bacon, neither yet the Liquor which presently either they must quench their thirst with or die, the wine of orleans. Not far from these fair babes devil the Tawny Moors the Azanegies, who feed not to fill their bellies, but measure their hunger by the store of victual which most baronly and scarcely their Country yields them. Your Acradophagi, as fair as goodman Negro, is pleased to leap at Saint john Baptist's locust, and contents himself without change with that viandrize. These people live not above forty years, and in fine most pitifully are consumed with flying Lice naturally breeding in themselves. Also the Icthiophagi, birds of the same bush of Ethiope, who live only by fish, not for Religion as Charterhouse Monks, but as hungry Dogs, without sauce, for necessity. These and other infinite numbers under that scalding heaven and in●terile soils suffering their purgatory in this world, yet home is homelyest with them, they will not away. God and nature hath so combined and changed their likings too their country, as they will say with the Scottish man when he comes to London, or to the fairest Town in Europe, the Edenborowe except) it is the godliest place he ever set his foot in: even so will the nations recited not stick to fall out with him that will dispraise their dwellings, although as there is statelier buildings than Edenborowe, so is there more pleasant climates and fertyler grounds than Ethiope: I may not go thorough with so many southern people, as by books I could recite unto you, for expense of time, and chief when a few may suffice. But now let me lightly run over some particulars of the unmerciful sternness of the Northern Pole, as heavy to the inhabitaunte felers for extremity of the cold, as the parching sun importable to the ugly Moors, and yet Country quart, is good quart. The urchins will not out of their Den, they will rather live in native land with these discommodities following, than change for the Paradise of France, or the Kitchen of England. first go no further than to Island a corner at hand, which in Solstitio Hiemali, enjoys small sun, but the people there for that time at our noon days (if they have no candle) may play at blindman buff, their cold is horrible, their mansions Coney fashion, their drink is running Water, weak califaction for such Weather as is there: Their dread dried fish, Corn, and Liquor▪ not fit for Ladies. But if they hap of a candles end, some course barley Cantel, and a soap of small beer, they are so gallant, and well pleased, that they desire not my Lord Mayor of London too be their kinsman. I will not talk of Norway, nor of Sweden, Finlande, or Gothland, nor those adjacent countries too Denmark, in the warmest whereof we English old beaten soldiers would oftener blow our fingers than wash our faces. ●nd like to Naples, the Paradise of Italy, in comparison too Muscovia, part of Ruthinea, Temthia, Bothinia, Lappia, Tornia, Striphinia, Finmurchia, and Piarmia, in the which, such bitter winds, such great hills of Frost and Snow, such thick uncomfortable clouds, such large nights of half a year long, such seldom sights of that comfortable gentleman Master Phoebus would make a man lay the key under the door, and wish the devil too heat the country, and the sun to warm them. What should I tell you of the incredible operation of that country, congeling of the most violent and as it is unnatural (in respect of forcible moving) of the winds, the terror that ordinary tempests and lightnings bringeth, no less to be believed than liked? what of that penetrating cold that boring out the inhabitants eyes gives them the sauce of hunger, Optimum Condimentum, and small sops to their dinner, flays their skins of without edged tool, makes them blow away their noses in their napkins, and yet plagues them with catarrhs rheums, and will you have the English word truly, the plain snot and snivil, so as though the nose be gone, they must wipe where it was, or else some unsavourly matter will run in their mouths. I overpass a great company of incommodities, the jest of the which would send many of our nice fault finders once a day into a slow of Cow Casins, & glad they had it too. All these inconveniences and wants, hunteth not the borne whelps to seek new footing, neither makes them the less careful with manlike war to defend their endeavours. Thus see you barbarous Ethnics, wild Christians, and superstitious nations at this present if you search their professions, to the which (I mean not too digress) to leave their native country. Well I tell you, but yet I must further, because I cannot omit those country lovers, whose memory, well meaning writers to us, have sent us, for a token to follow. I cannot run over all their actions: some I have perused and more forgotten, but too a willing mind, a few honest examples may induce too the contrary. I shall but Lateram lavare, though I were never so curious, an unprofitable office to me, and as little beneficial to my Brick. But have at you (which is no fair play as old gamesters report) with such matter as I find in ancient writings. At the laying of the first stone of Rome, Romulus made an edict that no person should pass the appointed bounds of the City, which Remus smile at, and coming out of the same, Fabius Celer Centurio with a spade slew him, wholly respecting the establishment of the common wealth, and not regarding the peril might ensue his rash stroke. Look upon Horatius Cocles valiantness, and great venturing of himself in the wars, Porsenna King of the Tuscans, the resolution of Mutius Scevola for the dispatching of the same Prince, the whole house of the Roman Fabians in the wars against Veranius, were utterly extinguished, one child except, whose lack of years preserved his life, being more beneficial to him and his posterity, than the country zeal of the rest. By means whereof they yielded their dead Carcases. Decius' Muries the elder Consul with Manlius Torquatus in arms against the Latins, had both one breame, that tho●e people would be vanquished, whose captain should be left dead in the field: They broke one with another, and agreed, that which of their bands did first give place, the leader must vow himself to the infernal ghosts, contented to die: which Decius his chance was to do, & thereby with great slaughter of the enemies, the gain was the romans. Publius Decius Muries his son did the same. Titus Manlius Torquatus struck off his own sons head, for putting in venture by fight contrary to commandment, the soldiers of the Common wealth: The prisoner Mar. Attilius Regulus his return to Africa to Barboras tyranny, with his considerations alleged in the Senate, which induced him thereto. Publius Scipio Nasica chosen Consul of Rome with unlucky show of the Auspexes coming, would in no respect take upon him the dealing of the office, doubting the inconvenience might hap to the Empire, not by his want of ability, or good will, but by evil fortune to the state, & contrary aspects of the superor Planets, so tender a mind he had of his Country. Silla surnamed the happy, for all his revengeful mind, when he had obtained his own will, & held hard hand on his country, was content to restore the old government of Rome, & to die a private man. Quintus Curtius his willing decay for Rome: Codrus the Athenian king for his people: also Themistocles that countryman, for all the injuries he had received at home, would rather willingly drink his own bain, than see his native kind harmed: Melsiades of the same breed at Marathon against the invincible skull of the Persians: Epaminondas the Theban, and thousands more, for their wilful, entire, only, and avowed love to their countries, have sustained more travail, suffered greater torment, died assured deaths, and with better contented minds, than men of this age can believe, to be able to be endured by mortlings which we all are. If paynims did go so far in supremo gradu, look to yourself somewhat, who is a Christian, and so far credited as Parliament men are. They expect in you gravity, wisdom, experience, and diligent consideration. Part of the which, as they be only the gifts of God, as wisdom and gravity, so experience and diligent consideration, be the confirmers that strengthen, and the artificers that beautify their work, and proceed of payn● taking, and good disposition of the mind. The foremost two be the most beneficialst Ladies with their acquaintance, and the other handmaids, or rather fellow dames, so necessary, as they cannot be divided, furnish most commodiously the place where they come. These four met in one man, make a happy person in particular, and where they join in Law makers, there must needs be a flourishing Commonwealth. What inconvenience doth follow, if you should pipe after other men's whistles, induced thereto by a busy triple string, or a slight Scottish jig, in one respect I have already told you, that is, how master john will be thought of by the Prince and nobility. Now see what harm lights thereby on those, who put their confidence in you, and what a john you shall be made and thought of the whole world. If you serve the Prince's turn, he finds no fault: if you broke for the Lords, they have no loss▪ but they will take you still for a john, if against your trust you be won. In this second part, if you dance drunkenly, you will break your shins, and bewray your trusters, to whom you are bound by all the laws possible. If all the Knights and Burgesses in Parliament were Vlisseses, the sirens might fall to a new occupation. But of that huge multitude that came to the war of Tryoe, he was taken the odd man for wit and judgement. If but one Ulysses could scape those fiendish monsters, and so few Vlisseses in so great an army, what peril is to be feared to fall upon our Common wealth, if many sirens, or any at all should be in the trade of our whole traffic of wealth and welfare. They alured unto them by all pleasant means the passengers, to spoil them for their own direct and particular gain: if you sing their songs, you are brought to it to please and to profit others, the act in them is not so discommendable but you shall be the john, and rewarded at the second hand: your fault is greater t●an the sirens, who harm but the present persons for their own lucre, you, present, absent, and posterity, you cut large thongs out of other men's leather: you fle●●e not, but you ●ley: you writ not laws with Milk, but blood: you send not the piper to make poor men dance in the country, but the Hangman to tie up the rich, and take from the needy no more but all they have: and thus must your trusters suffer for other men's pleasures, who never after will trust you, knowing you are such a mercenary. The Parliament Siren if he be of the Lords breed, as many times in your house you have of their children, if of the family of gentry, assure yourself he is a Bastard: if he look never so big fear him not, he is a Coward: if he flourish with never so fair a tail, he is an Ass. Noble & gentleman's blood, will not be won against his duty, and specially where it touches his country, neither with honour, threatenings, great Territories, much calling, gay apparel, nor a ship full of read Ruddocks. A valiant mind doth detest such chaff. A wise man will see the infamy of the fact, and with both his hands keep his face from such a wound. Who then must be your Parliament john, if you have any? some dirt daubers son, or cobblers brat, or such like whelp of a worthy Kenel, who will play Cat after kind, do the best you can: he is Camelionte mutabillo●; yet for his heart the pretty prick cannot be white: he lives by air (a food of a small substance) and he is of small continuing, he is Proteus cousin Germayne when he fails in hand with his matter. But mark how like jacke looks the father, his eye shows the relics of his thoughts, his countenance is forced, his gesture not natural, if his speech be not learned without book, for the most part he ●acks it hardly out, he sweats, there is no joy in his face, he fears how he shall be taken, he looks as he were feared with hobgoblin. But what will you more? though Master Morrice dancer be drunk, yet will he dance till he sweat for a clap of the back of the chief man of the parish, though he be the worse for it as long as he live: even so this your Morris footer shakes his Bells among you, hoping he makes good music, as the fool with the Town Morrishers, forgetting his masters horse collars be robbed of their trinkets: if he ring for the prince he lays on load, if for the nobility, he shakes both legs at once, he commends liberality, he praises mercy, he extols just execution of laws, he matches religion where it should be, he sounds out zealous care on poor subjects, he preserves deligent watches for the enemy, he forgets not to tell what a virtue frugality is in the highest. All these and many more good taches as may be, the King and Lords are at full furnished with. He hath been forsooth perhaps at Cambridge and learned the fragments of a little Sophistry, wherewith he with his glozing tongue and white studied words may move many well meaning Gentlemen, who for want of deep judgement may say yea to their own prejudice, and the gravest heads without diligent heed may be brought to yield to consent to matters they would be ashamed of upon ripe consideration, which inconvenience, if it happen, what mischief shall fall to your whole state, who so blind doth not see? When this fine shaking tripper hath done what he can, I have told you the thanks he shall have of the prince and nobility: & when you shall so dear pay for your learning, will you not with open throat hunt the fool with Basins? sure yes, unless your simplicities be such, that for the sure keeping of your private houses, you esteem a girning pattering ape before the sad & true mouthed mastiff. To turn the Cat in the pan, and to be a hireling, or a penny boy ●or any particular person, to have clientes in matters of Parliament, is token of too much vility ● for covetise is the only occasion of too much forgetting yourself. What should I writ of this most filthy, unnatural, and servile vice, which shall for a few angels make you plead as partially in parliament, as in any other Court, not regarding your country, but the jinks in your pocket. Such spokesmen I warrant you have the matter at their finger's ends, the writer out of the Copies of Bills is set a work, and many times too for drawing the cause they come into the house, and sit with paper books, often read them, well consider of them, and why? for country's benefit (you may believe them if you will) but mark the circumstances, and their pence are aswell heard chock in the Sachel, as the white paper seen in hand. Why? the bill is either private touching some one, else some very few, or else some one corporation of City, town or Merchants, else the fraternity of some occupation, or such like: for in deed we dryehanded men, can not well tend the penning and copying out of Laws, without a little moistening. But if they had any spark of virtue in them, they would not prefer Chauke before Cheese, they would not like better of Carryn than of new killed victual, neither blind-féele themselves, and as much as they may others, with so foul a savering veil. The mind of many noble paynim have abhorred such errors, and yet we Christ's professors to oft run headlong without backloking. Crates when he went to study Philosophy, cast his worldly wealth into the Sea, blessing them with a mischief, and that he would rather drown them, than they should choke him. Bias in the havoc of his country when every one was busy to save somewhat, made no farthels of his substance, but Rogue fashion in that respect, walks away with his ordinary weed, and being asked of some, why he had so small care of that which every one so stirred for, replied, that he had all his with him, meaning, Learning and virtue. Themistocles, after the overthrow of Marathon, seeing a ●ead Corpses with Chains & jewels, willed one to spoil it, saying, you are not Themistocles himself, disdaining that ungentlemanly hunger. Pittacus being offered as much of his own conquest as he would, measured his farm by lancing of the spear, and more took not (a small field to make a park of, unless he threw further than I can): Cocles 〈◊〉 an earldom for his service to the common wealth, he thought himself content, when great matters were pressed upon him, with so much land as he himself being lame could plough in a day, a recompense that my bailie of husbandry for two years service will frown at: Lucius Quintus Cincinnatus was holding the plough when he was elected Dictator, performed great matters, returned to his Clownish husbandry again, and twenty years after was eft called to the room, which he discharged better than any feed speaker in parliament can do, that I know: so that money did not the deed: Menenius Agrippa, a well deserver of the Roman Empire, for want of his own purse was buried by contribution of the people: Martius Curiolanus refused great matters, and accepted a trifle: Curius Dentatus hoisting Pyrrhus out of Italy, allotted to every Pol forty jugeri of land (every jugeri being taken for our Acre,) and reserved as much and no more to himself, affirming that there should be no man whom so much would not satisfy: to him from the Samnytes (he being a roasting rapes,) was presented a great Mass of gold, but despising that goodly show, he told them he liked very well to eat such dainties as he had in hand in an earthen dish and to rule those who had gold. Of all the large and wealthy spoils by him recovered of the enemy, he reserved but one gay wooden chain, it was no doubt some matter of great price for the workmanship: The few bags of P. Scipio Aemilius, M. Aemilius Scaurus father a Patrician of Rome, getting his living by playing the Collier: the neediness of Epaminondas who was driven to borrow thirty shillings when he entered Morea in arms, refusing jasons Crowns and the mighty king of Persians thousands: Photion was no money man, whom when Antipater would with great sums have hired, to have unjustly dealt, answered he could not both be a friend and a flatterer. Many hundreds might be named, that were sound stakes to their countries, and for all their poverty, would not cry Quid vultis mihi dare, neither yet received when it was forced. O would to god, that in places of judgement and justice, and in the hearts of all executioners & makers of Law, Epaminondas his opinion were graven, not to be bought from his country with any price, not to be l●d to do a thing unlawful for any gain, and what right and virtue did require for virtues sake, freely to do it. Cato Vticensis, was of the same mind. Come not into the sacred Senate (for so may I well term it) with that ragged rob of covetous and Bribery, eschew it worse than the infection of pestilence, leave it to brokers, to exchangers, lay it in the merchant's warehouse, bequeath it to the usuring Jews: for if it catch hold in you, farewell religion, farewell morality, farewell justice, farewell discharge of duty, farewell truth, farewell care of good fame, yea farewell your own contentment how gay so ever the matter seems: If for affection you stretch a string, you cannot be excused, for though it carry some show to bear with your friend, yet is it none indeed, for your Country is the only mark you must shoot at. As for particulars, they are not incident to the cause. Aristides (termed the Just) was so precise in the time of his government of Athens, that he avoided the amity and familiarity almost of all, because he would not be entreated by any to do unjustly. Cleon, when he took the charge of the common wealth upon him, called all his friends, renounced their friendships, alleging that amity was a stop many times to the right course of justice: he renounced affection, he cried out of envy, he detested too well standing in his own conceit. Another way Sir Thomas andrew's, a worshipful Knight of Northampton Shire, was by a yeomanly man his neighbour thought to be sometime to much affectioned to the matter he liked well, to whom he brought a great Brawn: the servant letting his master the knight understand of this present, returned him to know the givers name, which hearing, he could not call to remembrance any such, but forth he comes, the presenter doth his errand, prays his mastership to take in good part this poor pig, and with very low curtsy wishes it better. Sir Thomas saw the Swine was good with mustard, accepted the gift, demanding his neighbour why he was at that cost with him, sith he neither knew him nor ever had done him any pleasure. True it is (quoth he, with a long leg in his hose) neither will I require you too do me any: But I bestow this hog on your worship, that you shall do me no harm. Here is a new kind of Brybery, which this country man was driven to (as he thought) by the partial affection he feared in Sir Thomas. The like in effect fell out between an Essex farmer and master Anthony Browne in Q. Mary's time, a while chief justice of the Common pleyes, a man of good spirit and well read, who having used the help of his neighbours towards his building besides Burnedwood, till they were weary, and denied further supply: the house must up, my Lords Balife will have carts for love or money, and so he offers largely both: the turn is served, my friends Carters must all dine, out comes the steward, willing such as bounded for good will, to come & feed in the parlour, and the money people too hind it in the Hall: my farmer at the Oyes went and walked his stations abroad, & being demanded whether he would be a gentleman or a yeomen, he said neither in this respect, for (quoth he) for good will I do it not, for I own him none, neither for money, for I force not of so much, but for fear, and therefore I see no room for me. I pray you answer me, if you had a matter in law before any judge in England, and he should either by corruption or blindefelde affection wrest a pin against you and overthrow you contrary to justice, would you not judge hanging too good for such a coif man, yes assuredly. Then in the parliament, where you sit to make Laws, whereby Master judge himself & all the rest are to be governed, if you be bribed with pelf, or led by liking of a particular to beguile your trusters, to bind and poll innocents, to wrong the righteous, and to set the welfare of your country at naught. If Cambyses pluck the skin over Sisamnes ears for lewd judgement in particular causes, what flaying and torment is not too good for the corrupt lawmaker, who is supra judicem? If malice and envy shall so reign in you, as to disgrace the wholesome advices of your country, you will refuse the matter, because you fancy not the man, and cavil without cause, not only to have the motion rejected, but also the party deserving well unseemly to be barked at, not only by yourself, but by other pupsies of your own hear, the like detriment as before shall happen too your country. Yea and more infamy if more may be, shall light on you, if it so were that unkindness or rather implacable wrath, yea the Northern deadly feud were between you & some other, ye aught to come to the Parliament counsel linked in amity, sound in fidelity, and perfect in sincerity one with an other, and as a team of horses must draw all together, so must you wholly join too your business. There are many times unruly jades, unagréeing and launching one at another, being out of their gares, but in the cart they fall to as they should, else he that loiters most, or plays to much the gallant, is well lambed for his labour, comes home as weary as the rest, is up in Roils stable, & if he sooner mend not his manners, Master Miller must have him, who will cool his courage with half a dozen Sacks on his back, and he on the top. The weight shall make him amble and mannerly tread, and sooner he shall be laid on for groaning, than for kicking: so if malice and displeasure to others shall make you to stomach them abroad, yet in counsel for your country draw together, else will you be ready for the Miller, who will lay hard hand on you. I mean the honest and wise meaning gentleman, not by batting, but by condemning your unruled appetite, and lamenting your maim. The serpent (for so are all venomous things named) that crepes on the Earth, when for breed sake at the water side he seeks out the Lamprey, he first puts forth his poison, and as nature hath taught, calls, to whom the Lamprey as willing comes forth: The act of their kind performed, she to the flood, he to the Earth, taking up again his venom, returns, which if perhaps he find not, present death ensues. Here do you see that of all creatures the vilest and most accursed doth in danger of his life put aside the whole substance of the same, by pureness and cleanness to associate himself with that Creature whom he well knows doth not hold of his mixture, and will rather venture his own undoing, than hinder that which naturally is appointed. If the Serpent doth this, following but only a course by kind, and is allowed of. How much more is a Parliament man, who by nature, by the commandment of God, by the profit redounding to himself, the duty to his Prince and country, bound too vomit up and to bury in the greatest deeps; that consuming & pestiferous canker of Malice, by the which so many mischiefs light upon the Lampreys good souls that think no harm. This Serpent is venomous from the beginning, the lack whereof is his end. Man by the first fall proceeding by the delusion of the Serpent, is subject to intemperate choler, hate, despite, envy, & many weaknesses more, yet this subjection brings no such necessity, that malice is so incorporate in a man, as the poison in the Serpent, for the one cannot have being without venom, the other most quiet and assured life here without malice and a very good token of a better turn after his disease. What a jewel love and unity is, dignity doth teach: what overthrow to states and kingdoms doth hap by division and discord, scripture doth no better show, than daily experience confirms, this great Monster, this dangerous consumer, this unrecoverable spoy●e●, most commonly takes foot by trifles, is nourished by trifles, grows mad by trifles, and triflingly in the end brings itself to nought, and as many more as it can. A● small sparks kindled in backcorners many times spread to such large flames as the finest buildings and the greatest Cities be thereby brought to ashes, so first unkindness conceived of tales increased with overweening of a man's self, & made ripe with choler, overthrows the making of wholesome laws, the due execution of those be made, brings continual disquietness to all that any way ●e sib to the matter, private slaughters, furious actions, neglected duties, hateful companies, jealous assemblies, civil wars, ruin to the common wealth, and condemnation for the immortal power. Themistocles & Aristides, the rulers of the Athenians state, did often jar, & were but hollow friends: but when they joined in the service of their country either to field to strike it out, or to embassage to reason the business, they laid aside their old & usual heart burnings, and at their return resumed them again. Photion for no offence would be displeased with his neighbour Citizen Livius. Salinator being Consul with Claudius Ne●o his contrary, sought his friendship, lest by their disagréement, the common wealth should receive harm. Cato Vticensis as he most stoutly stood against all men, yea Caesar himself in the behoof of the common wealth, so did he never stur up in mind any unkindness or injury done to him in particular. Cretin of Magnesia seeing the City in danger by the coming forward of Methridares conquests, and doubting more peril to it by the ambition of Hermias his fellow countryman & his misliker, perceiving that the stomach of one town could not digest two so 〈◊〉 mate●, made him this offer, to choose whether he would defend the town 〈◊〉 home, or spend his time abroad? 〈◊〉 left the helm to him, departed the town well furnished by Cretius liberality, who contrary to all expectation holds his own. where the 〈…〉 Hermias 〈…〉 his 〈◊〉 than the enemies weape us. In these persons their 〈◊〉 to the 〈…〉 considerations rare, and their treading 〈◊〉 of affections a thousand thousand times too be extolled. The Lacedæmonians, because they would have their children eschew drunkenness, they used their slaves by overmuch taking in their Cups too play the ●anykin beasts, and then were the ●outhis brought to see that so swinish and unnatural sight, which they could not but abhor, and the sooner bear away, to avoid such errors. In like manner, if you will behold the malicious and choleric man in his vain, all the parts of his body shakes, he is Paraliticus, his colour either is earthly, or very extreme Crimson, his eyes fiery, his visage wried unnaturally, his voice lost & abated, his experience forgotten, & lastly his senses clean overthrown: he presupposeth that his wilfulness in settledness, his threatening courage, his cruel disposition a token of an invincible mind, his scolding hate of vices, his heat zeal, that he is temperate & yet Tombedle●s worse, and in fine judging himself not to want any virtue, he wants all: that he is sober, yet bewrays himself every day fouler than the beastly Bacealean: that forsooth he is a good Master of sense, and yet well knocked by every boy, and in his best cunning breaks his foles' face with his own weapon. These persons be of weak natures, void of learning, deprived of reason, blind in judgement, forsaking remedy, refusing advices, given over to their own appetites, careless to lose their friends, heedless to purchase enemies, ready to strike for every wagging of astrawe, patter they care not what, & so assuredly graceless and not to be accompanied with. If you would be rid of this infirmity, behold yourself in a glass when these passions come upon you. If you be scratched by the face, you will call to see your hurt, to view your malicious choleric mind, which will appear in your visage with greater disgrace than tearings to the bone: will you send for Galen, if he were alive to help your head ache? will you entreat the Merchant from the Mollucce to bring you spice, to comfort your digestion, and will you not put to the sea, send your factors, yea go yourself to Anticera out of that friendly I'll, to bring home the hole bottoms full of that beneficial herb Helleborus so mollify your malice, to banish your collar and to make you for swear your fury, stick not to bestow some pence upon the confection Nepenthes, which will ease this want. Children and fools, and some weak women grow in frenzies when they may not have their own wills: the child saith, give me some of dat, or I will tell my mother: the fool if you please not him, he will bite his own flesh and see who shall have the worst: the good wife, if her trinkets be forgotten, she puts the finger in the eye, bites the lip, and perhaps swears knave, and all for lack of a ladle or such like. Let the furious envious man at his home-comming revolve his actions, and he shall perceive not all well, unless he will perforce be blind: If he have shamed himself, and injured his better, what help? how can this be salved? with crying Peccavi? that goes hard in a Parliament house, in secret so to say will not serve, for that the party wronged hath no full recompense. Behold some of our ordinary creatures, and you shall see such implacable disposition in them, a● show greatly the Choleric man. The Back being in hand, will not leave biting herself: the Badger kept perforce from his usual liberty, makes no spare of his own flesh: and master jacke Daw (a daily acquaintance of our poor men that dwell in thatched houses) will rather die for peevishness, than take bread at their hands who willingly give it. Such a bug beast was Stesiphon, who would bite his Moil by the ear for stumbling and kicking, Moil it with his heels at the poor Ass. I once knew a gentleman at Bowls, who not liking of his fortune, made a quarrel to his Bowl, finding fault therewith, oft throwing it against the pales in great choler, by chance or what I know not, at last it rebounded against his shins, and well-favouredly broke them both, wherewith the Dagger comes out to revenge this mischance on this poor piece of wood, and snapping thereupon, the Scottish blade was snapped in pieces: O dirum facinus & quovis animo creduli dignum, Alexander that glorious Conqueror and great Monarch, endued with so many good parts and gifts of nature, never touched his honour, but by this filthy choler and fury, which he being possessed with, most unadvisedly slew his faithful and well advised follower Clito, brother to Hellanice, nurse or rather mother to Alexander, as himself accounted, who had at the journey of Granico saved his life from the bloody fists of Spithridate. And Phesas played the Tyrant upon Calisthenes, most cruelly enured up with a Lion that odd Macedonian leader Lysimachus. The lets that Olimpias his mother conceived against Antipater the lieutenant of all Macedony in his absence, her continual complaints to her son of him, made Alexander first lose a good servant, and after his own life, Cambyses that frantic king of Persia, by fury and light taking of displeasure, slew his own brother Smerdis, killed and repudiated his wife Atossa, for condemning the Act, and upon a time putting a Lion & a dog together to prove masteries, the dog put to the worse, an other of the same litter taking part to help, at which sight his other wife Meroa ruing the death of Smerdis, who found no succour or aid, at the last he commanded to be dispatched. Presastes his sound and assured at all assays, upon his own demand for counciling some abstinence from his daily carousing (a thing misliked among the Persians) led with fury, forgetting all reputation that the duty to him had well deserved, and so much of justice as is lamentable, played Will Summer, struck him (as it were) that was next, took the son of Presaspes, clave his heart with a spear for despite before his father's face, caused it to be plucked out, & showed how right he could hit for all his cups. Sophia's the Emprises peevish mind and malice did hardly reward that famous & fortunate defender of the Empire Narses, to the great detriment of the same: and many more but for expense of time, might be rehearsed, whose sudden choler, fury, and untemperate rage, hath caused full o●● to be wise after, and repent their blindfelde executions. Did not Xerxes that mighty king of Persia in an other manner of distemperature, for the effect of his doings, show himself a tall gentleman, at his coming down upon Grecia with an unusual army for the greatness of the multitude, and understanding Mardonius his foregoing Captain had lost many of his people at the mountain At●os in Thracia by means of the straits and perilous passage thereof: he writes his threatening Letters to the Rock, that he will hew it in pieces, bury it in the sea, make an Island of it (which with an inestimable charge he did) if he suffered no better passage to the Persians. Himself coming to the sea at Hellespon●, commanded a bridge to be made to pass him and his company over, which overthrown by Tempest, some of the workmen he hangs, some other he cuts their noses off, some other puts their eyen out: he makes the sea to be canvased with cudgels, he throws fetters and gives into it, to imprison the waters. What lamentable folly is here, that Xerxes shows, which unadvised choler brings him to, and makes him follow so soon with rooted and implacable malice, on such who receive no detriment thereby, but himself divers ways greatly harmed. Be it that injury be offered you wrongfully and unworthy, by odious speeches, or unseemly acts, remember Philip of Macedon, of whom Arcadian did nothing but rail and lie, and that openly always, and in all places. It so happened that this Squire was met with in Philip's country by the king's servants, who advised sharp payment for his pains: that would not be heard, but Philip sent presents to his lodging, and gently dismissed him. After demanding of Arcadians behaviour, it was returned, that none bestirs himself so much in his commendations now as he. Thus may you see (quoth Philip,) what a Physician I am: It was told him how the Grecians murmured hardly against him, and was moved by some to revenge the wrong: Not (quoth he) then will they in deed ford me bad enough, for if I had ever hurt them, what shall I presuppose they would say. Socrates' patiance every body knows, who among other parts of the same, having once drawn his weapon over his servants head to strike, staying, remembered he was a Philosopher, & in fury, and therefore held his hand. Pericles, that noble 〈◊〉 bring most opprobriously skolded at in the streets, at the heels followed to his own doors by a lewd person, bore it as belonged to so worthy a gentleman, and commanded his man with torch light too bring this gentle guest home. Teleclus king of Lacedemonia answered a brother of his very well, who found himself grieved that the Citizens of Sparta dealt hardlier and less dutifully towards him, than to Teleclus: quoth he, you misconceive the matter, for you cannot bear any small injury. Antigonus being to his teeth told of his unseemly shape and laughed at, coldly replied, that then he was much beguiled; for he took himself to be a proper fellow. One showed Diogenes varlets that mocked him, and I, quoth he, found not myself mocked. King Archelaus having water powered on his head, satisfied those that would have him punish the doer, that the party threw it not upon him, but on one he took him for. divers Philosophers would not chastise when they were angry. But to come to our own time as it were. Let me not trouble you with too long a rabble of those patient people, but make an end▪ with two notorious examples, the one of a late great and worthy Emperor Charles the fift, known to many in England now living: The other, of a poor Friar Gentleman our countreymanne Dan Peto, well kende to many in Queen Maries time. The Emperor lying before Landersey, where he had certain English soldiers in his aid, in his greatest glory amidst his own and waged strangers, a Spaniarde so laid at him, as no more marveled at the lewdness of the person (whose country yields obedient and patiented men to the magistrate & no lavishmouthed whelps with such furious extremity, than at the mildness and courteous answer of so mighty a prince. The Spaniarde hightes him the son of a whore, a Bougger, a Marano, the most odious name with that nation, & as many more, as either Ruffian or Rogue can devise. Charles looks at him, saying, Habla Cortesment saldado without any further stir. Father Peto I mean for age of whom I might also well think, but that his friars weed who purchased him a king Henry knock, stays me for saying to well of him: yet his patience and answer, showed him no ordinary Franciscane, but a well meaning Friar, if any of that Court can so do, at the old swan beside London Bridge, with two or three with him, the old fellow takes boat to the Court at White Hal, which new launched from the shore, one from land sends him a brickbatte, and therewith such a pa●te on the breast, that down fell the feeble▪ friar half dead: some of his company bussling to the steer to reprehend this lewd or laudable doer (take him as you will) Peto stayed, saying, the stone was not cast at him, but at his grey rob, for (quoth he) if the party knew me, he would have staid his hand. If such charitable forbearing be commendable where men are so hardly dealt with, how much than is to be condemned, that ire and choler, which as I have said, kindled of nothing, grows of that most pestilent plague of envy and malice. Fellow the sound doing of him who is wary what speeches he uses, & glories in sufferance, and not that feather headed fellow, who braves in his furious & choleric words, & loves himself the worse when he bears any thing. Plutarch gave good council to Trayan the Emperor, willing patience in all occurrents, mildness in actions, and to forbear the hasty witless Brains. If by your speeches in the Parliament you seek vain glory by far fetched eloquence and needless phrases, delating the matter to show the ripeness of your judgement more than directly to go to the cause and make it understood, you may well show some great flourish of great substance, which in the end will be found but froth, and all the stir but ●il men's ears full of din, who will find that the stuff smells of the Candle, and deem you had been better occupied to have spent a Torch in traveling to learn the nature of the law you would speak of, than a candles end in study to play the Charlatane, to put yourself to sale. The old, grave, wise and well experienced Parliament man, if he discourse of any cause, if he show his opinion, if he lay before you what his long years hath taught him, he plays not, as the Hob of Hornechurche, who having never seen London before, nor London seen him, in his Christmas suit sent to Bartholmewe fair, entering at White Chapel, buys nothing but gaping seed, persuaded that as he is delighted to gaze, so others omit not too look on him, whereby it is night ere he cometh to Aldegate, and so as wise as Waltons' Calf, is fain to return home more fool than he came, for spending of horsemeate. And why forsooth? because he hath been so long in the suburbs, as he lost his market in the City. This man (I see makes not a miller's thumb of his Oration, whose head is bigger than all the body, unproportionable, neither yet without head and all tail, neither Like fashion all belly, but as much of every one as is needful. English man like he uses good words, the matter well declares his sound meaning, his countenance shows the inward man, the welding of his body tells me he hath been trained in other places than Horn Church. He is aswell contented to hear as to speak. He confers patiently, with modesty, he yields to reason, loves himself not the worse if his Arguments be confuted, nor envies him whose reason is better allowed of, but embraces the man greatly for himself. If his advise carry the house, he prowdes not, but rejoices, his country takes good, and the house reputation: he doth not with fleering taunting words, nor importunate yelling, snatch at his contraries, nor desire their wants to be seen, but fellow counsellor like, lays some reasons before them, familiarly confers with them, and friendly many times bears with the Choleric and unseemly speeches which men too well deeming of themselves too often utter without cause. If he play Alexander's part, by being a man, as errare, labi, & decipi hominis est, if he kill Clito wrongfully, if he tread amiss, he shameleslye bears it not off with head and shoulders, he repentes virginlike his error, & doth not Pickepursse fashion face out a lie, till just mends be made, he bewails his mishap, as Alexander did most nobly in that his action, he conceives no privilege by being in Parliament to injury any man with opprobrious taunts, a lamentable fault in such men: he plays not the part, which once an ancient gentleman and grave counsellor told me he had seen some do, which was, so intemperately, rudely, rashly, and maliciously to use some in that place, as he assured himself he thought they durst not do in an Ale house, for fear of a knock with a pot. There are some who always love to hear themselves talk, and think their smoky forced eloquence sweet perfume and pleasant melody to men's ears. They whip it, they lay 〈◊〉 load, though sometime and for the most part they want learning: their Accents are heeded, the Paratheses performed, Allegories not forgotten, old stories brought in, Sackfuls of ancient sentences, and after the Spanish friars manner, they more harm the pulpit with knocking thereon; than benefit the audience, more disquiet themselves by broiling in their woollen weeds, than move the hearers with matter of substance, and finally, have so great care of gay words, picked speeches and phrases, ordering of their voices (and as I may say,) traversing their ground, as they so much forget their matter, that as they never know what they have said: so parts their church Auditors aswell taught as my Lord majors horse when his good Lord is at the Sermon at the Cross Stratocles and Democlides were Orators at Athens, yet so may I not well term them, but rather Italian treacle sellers▪ who never were but prating to the people, not to profit the common wealth, but to fill their own purses by their Lamp studied ware, rather to delight than to do good, in so much as they used between themselves in mockery, to ask whether they should go to their gold harvest. These men who carry their hearts in their tongues, and not their tongues in their hearts, these women's children Orators, these goslings talkers, should be dealt withal, as a very friend of yours and mine Master Nicholas Beamonde (whose honest gentlemanly mirth yet remains) dealt with a man of good countenance of Leistershiere in his own house: The tale is somewhat homely, but no homelier than well done, and so well, as though it were much homelier, it were the homelyest part of all too leave it forgotten. A company of good fellow gentlemen, being at board with this housekeeper, with whom Master Beamonde made one, the goodman of the house had all the talk when the cups were well gone about the board, others would have also had some words, but it would not be. When mine host had wearied all the company, and himself very well contented with the harmony of his own ●iddle, which still he was doing with, Master Beamond who as you know, is not amiss made for the purpose, let go a rouncing poop, which base was heard above the counter-tenor, or past mean of the wearysom melody, not only of the assistants, but of the physician, who demanding what the matter was, master Nicholas answered, he craved leave for a word that way, for otherwise he could get none. Whether it were well done or not, I can not tell, but I am sure it did and hath moved good laughter, & perhaps done no harm to some great talkers that hear the same, I would to god these talkative folk would but think how little good they do, what great pains they take, how they weary themselves and others, how men smile at their follies and they see it not, sure they are always of the wise used, as Aristotle used one, who with a long process de Lana Caprina had pattred unto him, in the end, quoth he, Sir I have thus troubled you with my speech, not a whit (quoth Aristotle) for I took no heed to any word you spoke. Demosthenes was an odd Orator of his time, as his Orations now extant do very well witness, and would you not think that he that found fault with them for length, went about to find a knot in a rush, & yet Photion was preferred before him, whose works (more the pity) we have not, for his short compendious substantial and sound speech. If Demosthenes be long, who is short, to speak of our common talkers? Again, there are divers other very grave, wise, learned, and perfect deeming men, who never or very seldom speak in parliament, of which some I have known myself and lamented their dumbness, because their speeches I am assured most plentifully would profit our commonwealth. The men I honour for themselves, but more for the good parts in them, which sith god hath so liberally bestowed, I would beseech them and all others able to speak, not to put their lights under a Bushel. Pythagoras made a law, that the tongtyed man who could not speak, should be driven out of the state: and then (with reverence I writ it) what blame are they worthy to have, who can, and will not, and in that place where most need is whereby their utterance most fruit may begathered (and their ability most able to perform it) As no man can commend a young experienced man who shall put forth himself in counsel to show his opinion before the ancient and year beaten fathers, so what good mind will not grieve to see the studied Doctors still, and the Children dispute in matters of great weight: both doth well. Do not mistrust your own ability, as Thophrastus did, who taking upon him to play the Orator, when he came to it, could not utter any one word. You speak among your countrymen, you speak for your country's advancement, and like a Countryman of the wisest you shall be accepted. Although happily all things should not fall out so point devise as either you wish or others look for. Isocrates that famous Orators childish timorousness who can allow of, who in Concione never durst open his lips? As this maidenly bashfulness is to be dissuaded, so again Cicero the Dad of the Roman eloquence, his carful head is to be followed, who with a warily fear entered Orations. The erst named Pericles, unwilling spoke publicly, yet never omitted his furtherance where it could profit his Country. Wherefore as dainty regard of speech is to be embraced, so dumbness according to Pythagoras is utterly to be banished. If you will not speak, dare not, or cannot, let another have place. England is no grange, it can sufficiently supply Parliament men. Thus (as you see) have I tumbled my tub, and found myself occupied to lay before you with good meaning (whereout I trust you may reap some profit) ●he notes minded in my passed years, and now for this present called to remembrance. I beseech god you & all of this counsel of Parliament both now and always hereafter, in all causes and at all times may be linked in one concord, friendship, and amity, embracing and respecting the wealth and estate of your Country, that experience, learning and wisdom abound in you, that your hearts be of flint, not of wax, wherein threats may not enter, fair words have working, nor bribery leave print, private affections to be quite vanished, malice and fury utterly forsworn, selfelyking detested, vain bablative speeches cried out of, needful words and times observed and tended, and finally, your trust (as becomes your likes) discharged, whereby religion shall be established and maintained, the Prince strengthened and assured, the Nobility honoured and increased, the meaner sort merely enjoy their labour with dutiful minds to serve with body and purse their country and king, and with acknowledging due honour to their Peers, which will make not only ● present age, but our posterity continually to sing Te deum & Hosanna in excelsis for the pleasant and adamant state which England dwellers may justly vaunt off, which to grant and continued in seculum seculorum, God send. Amen. FINIS.