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A02498 A letter sent by F.A. touchyng the proceedings in a priuate quarell and vnkindnesse betweene Arthur Hall, and Melchisedech Mallerie gentleman, to his very friende L.B. being in Italie. VVith an admonition to the father of F.A. to him being a burgesse of the Parliament, for his better behauiour therein. Hall, Arthur, 1539?-1605. 1576 (1576) STC 12629; ESTC S118961 87,420 125

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finde that Egbert who was an vnder Kyng in West Saxons was expelled by Brithricus the King there and fled into Fraunce but Brithricus being poysoned by his wife Ethelburga Egberte retourned and obtayned the whole principality the yere 793 others say 802 and withal brought the most parte of England vnder his obeysance tamed the Welchmen and toke from them Chester by meanes of which his good fortunes he called a counsel of hys Lordes at Wynchester and by their aduises and agreements was crowned kyng and chiefe Lord of the land whervpon he sent forth commaundemente thorowe out his country straightlye charging the people thenceforth to bee called Angles and no more Britains and the kingdome Anglia and not Britaine In the yeare 800. some accompte thirteene lesse the Danes being also Paynims firste entred this region according to the most The Danes inuaded the seconde tyme the yere 838 Athelwolph raygning who of himselfe first graunted the tyth of corne Hey and Cattel to the cleargy And after toke such fast footing as they continually infested this Iland with cruell wars vsurpation and conquest til the death of Hardicanutus or Hardiknought the last king of that breed 1034 some accompt two sewer Alured alias Alphred before spoken began to gouerne the West Saxons who beyng a most iuste Prince very wel learned and carefull for the makyng and execution of good lawes collected and caused to be brought into the Saxon or English tong al such as by the kings his forgoers were stablished selecting out of them such as were thought most fit for the gouernement confirming them and secluding the rest reciting many of the commaundements and precepts giuen by God to Moyses and the message that the apostles and elders sent to Antiochia Siria and Cilicia by Saint Paul Barnabas Iudas and Silas touching the diuerting of themselues as we haue it in the Acts of the Apostles and also by the assembly and conference of the Bishoppes and other noble and wise counsellours diuers money penalties and others were appointed and the same not onely declared in their sermons but also put in writing He proceedes in the beginning of such as are allowed by him In haec verba These decrees and ordinaunces I Alured King haue gathered together and caused to be written a greate parte whereof our auncestours haue carefully kepte with manye other that I haue thoughte worthye in this our age to be helde and maintained with the like obseruation other some which I haue thought not to be so needful I haue with the conference of considerate coūsellors in parte abrogated and partly established And bycause it maye seeme a pointe of too much rashnesse of a mans owne heade to adde any thing more also that it is vncertaine what credite our posteritie will giue thereto which we make greate reconing of what euer I haue founde worth the regarde in the Actes of my kynnesman and countryman Inas of Offa the King of Mertia or of Ethelbert the first christened of the Angles I haue brought together omitting the rest And in the consultation of them I Alured King of West Saxons haue vsed the coūsell of the grauest of our people to al the whiche I haue commanded that the same be executed and kept Moreouer in this kings time Gutteron alias Gowthram alias Gythrun alias Gurmund of some named king of Danes by some king of Denmarke ariued in this land and sometime hauing the better in armes and sometyme put to the worse was at the last christened and named by Alured Athelstane the yere 878 to whom he gaue the kingdome of East England with the gouernemente of Saint Edmundes kingdome and also some write Northumberlād with whome making league and agreing in the confynes of their countries beginnes in this manner The truce aliaunce which Alured and Guthrun kings haue agreed by the aduise of the wise of the English nation and of all the inhabitauntes of East England to the which they not onely for themselues but also for their children to come are sworne Edward the first before the conquest called Edward the elder his eldest son beginning to raigne next after him the yeare 900. made and confirmed also certain lawes the first chapter wherof is intituled Of controuersie and iudgement and goes thus 1 king Edwarde do againe and againe commaunde all those who beare office in the common wealth that they beare themselues asmuch as in them lies iust ●udges to all men as it is written in the Iudiciall booke without feare boldely and freely to declare the common lawe and do appoint denounced daies wherein they will deale in euerye question and controuersie This Edwarde also confirmed the league with the fornamed Guthrun the Dane in this maner adding also to the former decrees by equal cōsents these bee the councels institutes and ordinaunces whiche firste Alured and Guthrun then Edwarde and Guthrun kings at those dayes were agreed on when both the Danes and English accepted the treaty of peace Athelstane King Edwardes eldest sonne by whose prowesse and valure it is affirmed thys lande was reduced into one Monarchie againe and layde so sore too the Danes that since their first landing they were neuer so harde driuen did also constitute certaine lawes and ordinances beginning them wyth these wordes Athelstane King by the councel of the graue father Vlfhelme Archbishop and other my Bishops do wil and commaunde to al officers and such as haue charge of Iustice. 1 Athelstane king giue notice to all put in authority in our dominiōs that with the aduise of Vlfhelme Archbishop and other Bishops and seruaunts of god haue ordered and set fourth In the ende of all he closeth with these woordes These be the ordinances decrees determined of in the honorable counsell of Grantamlean where was present VVolstane the Archbishop and with him great companie of the best and wisest sorte called togeather by Athelstane The assēbly parted the king had enquired how the peace was kept among his people fynding it and iustice smally to hys mind delt inioyned more laws to his first and thus shewes the cause ● Athelstane king will all men to know that hauing demanded why our peace is not manteyned according to my commaundement the decree at Grantamlean I am certefied from the experienced of my dominions that the same is happened by my ouermuche sufferance and remissnesse in punnishing But now at Christmas last at Exeter being attended on with grauewise men whom I found moste readye to venture their facultie themselues wiues and children to most greate hazarde that these peace breakers might vtterly without retourning be expelled the lande The yeare 946. Edmund his brother beganne to rule after him in whose time the Danes held Lincolne Nottingham Darby Stafford and Leicester who also erecting and confirming lawes shewes this by whom they were consented on Edmund King helde the solempne Feaste of Easter at London where were mette a greate companie of the Cleargie and laity
among whom were Oda and VVolstane Archbishoppes and many other Bishoppes to prouide for their soules health and theirs whom they had the cure of And in an other place I Edwarde King to all both yong ond olde in my iurisdiction giue knowledge that I in the solempne assemblie of the best seene of my kingdome aswel ecclesiastical as temporal haue carefully enquired and so foorth King Edgar his seconde sonne the yeare 959 was likewise a lawe maker and thus entitles them The lawes whiche 1 Edgar King in the freequented senate to the glory of God ▪ the dignity of my Maiestie and the profite of the common wealth haue past Etheldred or Eldred or Egelred the second son of Edgar the yeare 979 whiche alter a little who by the murder of Edward his elder brother named the Martire came to the crown in whose time the Danes so entred this lād as ere they had done the king fledde into Normandy and lefte his kingdome to Swanus the Tyrant Dane after whose decease retourning he not long after died hee also being doing with lawes termes them thus The councel of graue fathers which king Ethelred had at Woodstock in Marcia for the preseruation of the peace whiche is gouerned by the english lawes at the ende of suche perticulers as are agreed on he concluds on this maner This our commaundement decree if any shal neglect c. He shal pay to the king one hūdred twenty shillings There was a league made also by the sayd King with the army of Aulavus Iustinus and Gustimundus the sonnes of Stegetie the Dane and goes thus The agreement or part which once or of late king Ethelred by the aduise of his wise confederates with them aforesayde did enter in His sonne Edmund surnamed Ironside parted the Realme with Canutus or Knought King of Denmark who being slayn by the treason of Edricke Canutus enioyed the whole principality and tho Swanus were the firste Danish King here yet held hee not the kingdome so absolutely as thys man did Hee made more lawes than anye one before him which are thus intituled The decrees which Canutus king of English Danes and Norwayes at Winchester at Christmas hath appointed by the aduise of men of knowledge to the honor of the God of heauen the renoume of the kings Maiestie and the benefite of the common wealth Againe in an other place he vseth these wordes These are the humaine and lawes politique wherin vsing the counsel of the wise I command to be kept thorough Englande Hee began to raigne alone the yeare of grace 1019. Edwarde the Confessour after Hardikenitus the last king of the Danish bloud 1043. began to raigne he foūded many holesome lawes and was the firste erector as it is written of the common law whych VVilliam Conqueror did after confirme wherof this I finde After the conquest of England the foresayde King William the fourth yere of his raigne by the persuasion aduise and councel of his nobility did sommon throughout his land the nobles the gouernours the graue heads and the Learned in the lawe to heare of them their rights customes and ordinances whereof chosing twelue of euery county who taking their othes before the king directly truely and so forth to shew declare the same they brought the lawes of Saint Edward as we haue them now and the king established them in that manner The Conqueror hym selfe began to rule this Ilande 1066 some recken a yeare more who also adding certaine ordinaunces in the entraunce hath these wordes Here beginneth what William king of the Englishe nation after the conquest with his nobility hath appointed to be perfourmed I reade that Henry the first his sonne who gouerned after VVilliam Rufus his brother did at the beginning of his raign lighten the great exactions imposed by his father and brother reduced and amended Saint Edwards lawes whiche as it should seeme were eyther forgotten or would not be remembred for al the fathers confirmation or rather shew therof reformed measures apoynted directions to be obserued Aboute the thyrtith yeare of hys raigne hee helde a counsel at Londō wherin it was thought good he shold haue the Cleargy within his censure Maude the Emprice his daughter first marryed to Henrie the fourth Emperor of Almayne and afterwards to Geffrey Plantagenet Erle of A●iou the 31. of his raigne had by hir husbande shortly after a son named Henrie vpō the knowledge wherof he called hys nobles together decreed that his daughter the heires of hir body shoulde succeede him in the Kyngdome Grafton in the thirteenth yere of this King in hys Cronicle saith thus And in this time began the Parliament in Englande firste to be instituted and ordeyned for reformation and gouernement of this Realme The manner whereof as I haue foūd it set out in an olde pamflet I intende at large to set foorth in the raigne of King Edwarde the thirde when and where Parliaments were yearely and orderly kepte the whiche I sought to finde but promise was not kepte Turning his booke I founde in his preface to the Reader these wordes And where I haue in the ●3 yere of King Henry the firste promised to place the maner and order that first was taken for the holding of the parliamente in the time of king Edwarde the thirde I haue sith that tyme for sundry good causes thought meete to omit the same and therefore admonish the Reader not to looke for it Hereof iudge you and if you wyll haue hys reason he is not far to seke Stephen in a manner no sole sybbe to the Crowne the righte heyres being aliue was by the nobilitye admitted Kyng In hys time the Emprice by the aide of hyr Basterd brother Robert Earle of Gloucester the ciuill warres grew great wherin the King being taken and who now but the Emprice as it were confirmed according to hir iust title she was moued for the restitution of Saint Edwards Lawes but shee was deafe on that side The last yeare of thys Kings time he and Henrie the Emprice sonne grew to communication and agreement The King commaunded his Lordes to assemble at Winchester where Duke Henrie was honorably receyued and there it was agreed he shoulde adopte the Duke hys sonne and confirme too him the Crowne of Englande after his deceasse Henry the second hys follower in the gouernement of another clayme helde a councel at the beginning of his raign at Wallingforde where the Barons were sworne to the king The eyght yere of his raigne he caused all the subiectes to sweare fealty to his sonne Henrye touching the inherytaunce In the ninth yeare Fabian sayeth the kyng called a Parliament at Northampton and so termed it as also in some other places he doeth Councels and calling togethers of the Lordes by the prynce wherin him selfe vouches nothing was done but a pretence to reforme and somewhat gelde the preueleges of the Cleargy The same time a
councel was helde at Claringdone and before the King the Bishoppes and nobilitie were sworne to kepe and confirme many decrees and ordinaunces Iohn Stow writes in his Summary of the Cronicles of Englande that the 34 of his ragne at Geldington about ten myles from Northamton he shoulde holde a Parliament● touching a voyage to be taken to the holy lande But if you consider the haste the king made thether the state at that present he stode in the place the shortnesse of the time and the matters there communed of you shall finde that in terming this or suche like consultation Parliaments Maister Fabian Stow Harding and other English● writers do rather vse the worde as in deede it is proper where any conference is than that it carries with it where it cōmes the same to be vnderstand to be the greate Courte of Parliament in such general forme and vniuersall manner as nowe and since the time of Kyng Henrie the thyrde we haue and do vse it as you knowe the worde is Frenche and this much importeth A debating together A conference A consultation A conferring An enterspeech A Communication A discoursing one with another which may bee aswel with Ten for the worde as with Tenscore Kyng Richard the first in the eighte yeare of hys raigne retourning from the holy lande his brother Iohn in his absence vsurping the Crowne summoned a counsell of hys Lords at Winchester where by auctority of the said counsell 〈…〉 ments and landes whyche before hee hadde bestowed on hym After Richards deceasse he possessed the Crowne and in the firste and thirde yeare by the holding of two counsels as some affirme hee had certaine exactions agreed vppon for the maintenaunce of his wars others write that of himselfe hee leuied the sayd summes The eleuenth yeare all men toke the othes of Allegeance too hym from 12 yeres vpward The fourthteenth yere here is some difference for the yere the Lordes and Barons required the vse of Saint Edwardes Lawes and the reuoking of other wicked ordinaunces the which he not harkening to the ciuil warre begonne yet at Barhamdowne the king and nobilitie meeting they confirmed so much as they departed quietly The sixtenth of his raigne the king being slowe to performe that which he was brought to perforce the nobility toke them againe to armes and so hardlye sette hym as in a meadowe betweene Windsor and Staynes in a manner Nolens volens hee graunted their liberties and the Charter for their confirmation thereof is dated at Rime meade betweene the places beforenamed to the which al the Realme was sworne In the same yere the Lords perceiuing the Kings disposition to shifte from that hee hadde agreed on sente into Fraunce for Lewes the sonne of Philip the Frenche king who arriuing here was receyued by the Barons and Londoners honorably who sware fealty to hym and did him homage and then al with one crye they séeke oute the king who being at Winchester was driuen to flye whyche towne yeelded was sworn to Lewes whether also repayred in a maner al the nobility For al this sturre King Iohn procured the Pope by meanes of Pandolphe the legate to dispence with his othe to reuerse the Charter and liberties graunted and also excōmunicate the Barons and Frenchmen Henrie his sonne of the age of nine yeres yong enough 〈…〉 Kingdome and specially during such garboyles yet by the good gouernemente of Marshal Erle of Penbroke many of the Lordes drewe to him and very shortly after Lewes was driuen to leaue the land and being released of his excommunication the peace was agreed on the ninth yeare of his raigne of his age the seuententh or thereabout At the motion of the Archbishoppe of Caunterbury and other the Lordes the king graunted and confirmed the greate Charter whereuppon as I can gather by some records the warde and mariage of our children was graunted to the king and his successours the twelfth yeare the king refused to perfourme the liberties Charter graunted as before for that the ratification past in his minoritie and that now being of ful yeres to beare the sway himselfe hee woulde bee better aduised The twentith of his raigne is found the first Parliament of name and record and yet not to be so thought a Parliament as now we vse ours It is entituled The statuts made at Merton And further he sayes It was prouided in the Courte of our soueraigne Lord the king holden at Merto● the morrowe after the twentith day of Saint Vincent the twentith yere of the raigne of king Henrie the son of king Iohn before VVilliam Archbishoppe of Caunterburie and other his Bishoppes and suffraganes and before the greater parte of the Earles and Barons of England there assembled c without addition of the thyrde state of this land Also you haue a statute made the yeare after entituled for the leape yeare beginning The King vnto the iustices of his Bench greeting The 42. yere or after some the 41 the barons vnwillingly bearing the kings driuing off for the restitution of certaine auncient lawes there was a Parliament at Oxforde which was called the madde Parliament yet not so mad but the king his brother king of Romains and Edward his sonne must and did agrée thereto tho much against their willes bycause many matters were ordeyned greatly and too much against the kings prorogatiue for the sure establishing and execution whereof there were 〈…〉 charge auctority to see the ordinaunces made maintayned whether for the small worthynesse of the lawes or the disorder in making or the shortnesse of the continuaunce I knowe not but I finde not any of those statutes with the rest which are rekened to be King Henrie the thirds These twelue noble mē were no soner in cōmission but they begā roughly presently exiling foure of the Kings brethrē by the mother The 43. and 44 yere of his raigne there were certain assemblies sometime of the nobility without the King and of the king without the Lordes without any mention of our thirde interest and al called Parliaments Thys yere in a Folkmote at London were al aboue twelue yeres sworne to the king In the 45. yeare he had obtained from Rome a dispensation for his othe and all others of his which he and they had taken for the maintenance of Oxforde folly The péeres during this pastime vnwitting vnwilling the kyng discharged Hugh le Spencer chiefe Iustice and put an other in his place expelled officers and Sherifes admitted by the king appointed other to supplie their romes Further the king was grow●n to harde termes which was hee shoulde not passe ouer the Seas hauing large Territories in other countries without licence obtained as in this yeare appeareth The next yeare as before in the. 44 were al men in London aboue twelue yeares of age sworne too the king and his successours The 47 of his raigne the barons armed themselues the Kyng Queene fled from the tower to
Windsor by the way were too too vnkindly vsed of the Londoners The king Lords fel to agreement as Fabian writes were cōtented to be ordered by the doome of the Frēch king who they agreed to be iudge betweene them the king giuing sentence the Barons refuse and fal to war. The yeare following the King his brother and sonne were taken in the Battayle at Lewes by meanes whereof the king grauntes a new the confirmation of the former statutes till matters accordingly be perfourmed Prince Edwarde and the king of Romaines sonne remaynes pledges wyth the Barons The 49. yeare Prince Edwarde being deliuered a Parliament or rather a counsell bycause I finde no statute thereof was helde at Winchester and all matters and decrees passed at Oxforde were vtterly vndone reuoked and called in and all writings and assuraunces sealed for the same were cancelled defaced You haue certaine statutes concluded I thinke at Winchester in your firste volume made in the yeare 51 of thys king in all the which you finde no other wordes for the moste parte but the king willeth or he commaundeth Unlesse hee firste alleadge an inconuenience happened which to redresse he vses it is therefore prouided and ordained The yeare after there were certain statutes passed at Marlebridge or Marleborowe wher you haue this beginning The yeare of grace 1267. the. 25. yeare of the raigne of king Henry sonne of king Iohn in the vtas of Saint Martine for the better estate of the Realme of England and for the more speedie administration of iustice as belongeth to the office of a king the more discrete men of the Realme being called together aswel of the higher as of the lower estate it was c. in all these statutes no word of enacted or ordained by the aucthority of this presente Parliament c. is founde but it is prouided and agreed whiche shal be and shal not bee as the matter which is stablished doth importe In the ende of these lawes and decrees and conclusion of agréement béetwéene 〈◊〉 king and his subiectes the Bishoppes doe pronounce a● men accurssed who shall go about to breake infringe or alter the liberties and free customes conteyned in the Charts of the cōmon liberties and of the Forrest c. The preamble to the which Charters is in this manner Henrie by the grace of God c. To all Archbishoppes c. our faithfull subiectes greting know yee that wee vnto the honor of almighty god and for the saluation of the soules of our progenitors and successours kings of Englande to the aduauncemente of holy Church and amendement of our Realme of our mere and free will haue giuen and graunted c. Edwarde his sonne confirmed these Charters graunted by hys father and the thyrde yeare of his raigne helde a Parliament wherein were made diuers statutes and thus it saith These be the actes of King Edward sonne to King Henry at the first Parliament general after his coronatiō on the Monday of Easter vtas the thirde yeare of his raigne by his councel and by the assente of the Archbishoppes Bishops Abbots Pryors Erles Barons and al the comunaltie of the Realme being thether sommoned c. And for diuers considerations named the booke sayth The king hath ordeyned and established these Actes vnderwritten whiche he entendeth to be necessary and profitable vnto the whole Realme And in the first Chapter First the king willeth and commaundeth c. The yeare following other statutes were set downe by this Auctority In the presence of certaine reuerende fathers Bishoppes of England and others of the Kinges councell the constitutions vnder written were recited and after hearde and published before the King and his councell for asmuche as all the kinges councell aswell Iustices as others did agree that they shoulde bee put in writing for a perpetuall memory and that they shoulde bee stedfastlye obserued The next yeare hee made certaine lawes at Gloucester and hath thus For the great mischiefes c. Our soueraign lord the king for the amendmet of the lād c. hath prouided and established these Actes vnderwritten willing and commanding that from henceforth ▪ they bee firmely obserued within this Realme In the ende of the Chapters of the same Parliamēt there is an explanation of it termed Expositions vppon the Statute of Gloucester which begin Afterwarde by the king our soueraigne Lorde and his Iustices certaine expositions were made vpon some of the Articles aboue mentioned c. The seuenth yeare other statutes were made the notice of the first was giuen to the Iustices of the Kings Bench with thys preamble Edwarde by the grace of God King of Englande Lorde of Ireland Duke of Aquitaine to his iustices of his benche greeting Whereas c. as it folowes in the act And now in our Parliament at Westminster after the said treatise the prelats erles barons and the cōmunaltie of our realme there assembled c we cōmaunde you that you cause these things ●o be redde before you in the said bench and there to be enrolled The ninth the 11.13 in the which he had three Parliaments as it semeth the first wherin the statute of Acton Burnel was made the second he helde the parliament at Westminster wherin very many statuts passed the thirde was at Westminster the eighteenth the 20.21.24.25.27.28.29.30.33 the thirtie foure yere there were statuts made as apeares by the records in all which these wordes passe of Aucthoritie for enacting and confirmation The King hath commaunded our soueraigne lorde the king hath ordained the king chargeth all his iustices vppon their faithes and othes that they owe him that they shal see this and that executed according to the statutes It is prouided our soueraigne Lorde the King to abate the power of fellons hath established a payne in this case and for asmuch as the king wil not that his people should bee sodainelye impouerished by reason of this penaltie that seemeth verie harde to many The king graunteth The king and his councell at his Parliament holdē at Acton Burnel hath ordeined these establishments our soueraigne Lorde the king at his Parliament holden at Westminster in the eightenth of his raign of his special grace for the singuler affection that he beareth vnto his prelates Erles and Barons and other of his Realme hath graunted Wherefore our soueraigne Lorde the king considering fraude c. hath streightly commaunded our soueraigne Lorde the King in his full Parliamente holden the day after the feaste of the Purification in the twentith yere of his raigne by a general coūcel hath ordained frō henceforth hath commaunded to be straightly obserued our soueraigne Lorde the king at his Parliament after Easter the 21. yeare of his raigne at the instance of the nobles of his Realme hathe graunted and commaunded too bee from henceforth firmely obserued we haue also ordeined by the aduise of our councell at the Parliament of our soueraigne Lorde the King holden at Lincolne in the vtas of
yeare it was enacted that no subsidie nor other charge shoulde be sette nor graunted vppon the Woolles by the Marchants nor by any other from thenceforth without the assent of the Parliament rare presidents to finde before the conquest in William Cōquerors time or since in a manner at all til this kings dayes Richard the seconde his successor helde euen on as his Graundfather began had almoste euery yeare a Parliament according to the statuts that there shoulde bee one yearely at the leaste In the beginnings of al the whiche almost the great Charter and that of the Forrest with all Liberties to holy churches fraunchises c. were granted stablished and confirmed and the authority of passing the actes is as you haue in his predecessors time Edward the thyrde sometime with one maner of words and somtime another He had very many free bountiful aydes of his subiectes by mony in number for hys two twenty yeares time no whit wanting with his Graundfathers likewise by diuerse pardons he declared his good accepting of them Kyng Henry the fourth first Erle of Darby then Duke of Herforde by his father Iohn of Gaunt Duke of Lancaster the fourth begottē son of king Edward the second also inuested with the title of the Dukedome no more against king Richard 〈◊〉 than against lawe ryght and iustice did clayme the Crowne and at London called a Parliament in king Richards name asmuch without his direction as without iust aucthority and howe far wythout the ful partes of an Englishe Parliament which wee brag of and iustly may I referre mee to the iudgemente of deeper heades than mine owne In this Parliament forsooth is 31. Articles at the leaste layde to our Kyng Richarde a shrewd an vnaccustomed president Wel it was thought by the most parte that he was worthy to be deposed and prouision according was prouided But King Richardes friendes going to bed without candel when none was to be had perswaded their maister too yeeld contented the Crowne from his heade whiche otherwise woulde haue byn snatched off perforce and brought the skyn with it He doth resign he craues life without raigne it is liberally granted but more liberally broken with hasty shameful slaughter As who searches shal find to whō I rather cōmit the reading thā I to cal to remēbrance such vndutiful hard dealing specially when the Parliament hath any interest in the same or should be noted with error This Henrie the fourth raigned thirtéene yeares and somewhat more in whose time there was almost euery yeare a Parliamēt in all the which for the most parte first the Charters and liberties be confirmed to all men and the Actes be thus aucthorized Henrie by the grace of god c. of the assent of the Prelates Dukes Erles Barons and at the instant special request of the commons of the same Realme assembled at his Parliament holden at Westminster c. Al establishmēts cōfirmations and makings of statuts in his time you shal finde stil at the request ernest instance and prayer of the commons yet was he king as you haue hearde and in the first yeare of hys raigne he had such a heauy Taxe graunted him as it was conditioned it should not be recorded for a president diuers others he reaped the benefite of retourned also sundry pardons to the freeing of many of his subiectes His sonne Henrie was Kyng nine yeares and somewhat more and yerely as it seemes helde a Parliamente but hys sixt yeare in al which wherin the commons were named he sayth as before for himselfe and the Lords he hath at the special instance and request of the Cōmons in the same Parliamēt c. Hath don to be ordained c. The liberties of holy Churches the Charters and priuileges are enacted and agreed soundely to abide in force I can not perceiue for all his great Conquest and warres in Fraunce that he troubled his Subiectes in a manner at all to speake of wyth Taxe or Subsidie That smal ayde hee had rose as I can gather of some Tenthes and Fifteenthes were graunted him And yet did he for custome curtesie or congratulation sake also imparte his pardons He left his sonne Henrie in his place being but eighte monethes olde during whose raigne the Parliamentes were very thicke helde as in the former times As thys Prince was very yong at the death of his father so was he when he came to age more giuen to quietnesse and Religion than to worldly affayres or weapons And therefore it may be gathered that the nobility and commons stoode not in doubt of the infringing by him of great Charters and liberties Wherefore they labored not euery Parliament the confirmation of them as in his Predecessors tyme they did for in his Parliaments wee finde no suche mention made of them as vsually is had before his gouernement for making of Lawes most commonly I see Our soueraigne Lord king Henry the sixth at his Parliamente c. By the aduise and assente of the Lordes spirituall and temporal and at the speciall request of the commons of the Realme being in the same Parliament haue done to be made c. There is also Our soueraigne Lord King Henrie c. For the weale of him and of his Realme by the aduise and assent of the lords spiritual and temporal and the commons of the same Parliament assembled hath made ordayned c. This last manner of mencioning the cōmons it is in the middle of the kings raign which might proceede of some occasions which your selfe maye finde out if you tourne ouer the cronicles I take it needlesse to be written In the th●●tie three yeare of his raigne there was something enacted in a Parliamente touching the Lord Richard Duke of Yorke and also in another in his thirtie three yere concerning the same Prince which I cannot be perswaded that King Henrie de mero motu consented to I do not vnderstande that he burdened his subiectes in a manner at all with exactions for al his continuall and great warres in Fraunce but rather contented him selfe with the losse and so far as in lesse than fourtie yeres he forewent the Crowne of Fraunce abroade and lost his kingdome of Englande at home And tho by hys friendes he recouered the one againe yet woulde it not be kept but hee that receiued it firste efte obtayned it so that Kyng Henrie was depriued the second time not only of hys regalty but presently of his life Edward Earle of March righte heire of the house of Yorke was the man that Kinged it in King Henries rome and so continued it twenty two yeares and somewhat more during which gouernement he hadde at leaste tenne Parliaments in all the which hee names his auctority and the nobilityes aduise and consent and the instāce and request of the commons but only in the Parliamente the thirde yeare of his raigne wherin he sayes At the Parliament summoned at Westminster
Saint Hillarie the twentith yere of his raigne of his coūcel it was agreed and also commaunded by the king himselfe it is prouided by a common accorde We wil and graunt that this statute shall take effect it as agreed that such a writ of Indicauit shal not be graunted In the 34. yere of his gouernement and last statuts the first Chapter he graunteth in this māner No Tallage or aide shal be taken or Leuied by vs or our heyrs in our Realme without the good wil and assent of Archbishoppes Bishoppes Earles Barons knightes Burgesses and other freemen of the lande The fourth Chapter he sayth thus we wil and graunte for vs and our heires that all Clarks and laymen of our lande shal haue their Lawes liberties c. as when they had them best and if any statutes haue bin made by vs and our auncesters or any customes brought in contrary to them or any manner Articles conteined in this present Charter we will and graunte that suche manner of statutes and customes shal be voide frustrate for euermore In the 6 Chapter where there is a curse set for the not performaunce of the premisses he hath In witnesse of which thing we haue set our Seale to this present Charter togither with the Archbishops Bishoppes c. which voluntarily haue sworne that as much as in them is they shal obserue the tenour of this present Charter in all causes c. Edward his sonne as I finde in your printed booke made many statutes in his first yeare his ninth his tenth his twelfth his fifteenth his seuēteenth his eighteenth in all the whiche he vses the like manner of wordes as for the most parte be recyted before As Our soueraigne Lord the king hath graunted our soueraigne Lord the king willeth and commandeth The king decreeth this is added of new By the kings coūcel Also it is desired that our soueraigne Lorde the King and the greate men of the Realme do not charge c. Our soueraigne Lorde the king intending to auoyde and eschewe such euil oppressions c. By the assent of his prelates Barons and other greate estates hath ordained c. It is prouided by our soueraigne Lorde the King and his Iustices and also graunted vnto the Citizens of London c. And also Forasmuche as some points of the statutes heretofore made hadde neede of exposition our soueraigne Lord the King Edward sonne to king Edwarde desiring that right bee done to his people at his parliamente holden at Yorke the thirde weeke after the feaste of Saint Michael the twelfth yere of hys raigne by the assente of the prelates Earles Barons and communaltye of his Realme there assembled c. VVe will also that this our ordinaunce shal take effecte c. But specially be it commaunded on the behalfe of oure soueraigne Lorde the king by the consent of the whole Realme The measure of our soueraigne Lorde the king was made c. in the twentith yeare of his raigne by some of his nobility and Isabel his queene badde Lords and worse wife as their doings in other cases after declared He was imprisoned and therevpon a Parliament was called wher Edwarde the Kyngs sonne not yet of the age of fourthteene yeares was elected by the common decree king in his fathers rome and in the name of the whole parliamēt as it remaynes in some Authors diuers of the cleargye of the nobility were sente to the quondam King to shew ▪ him their determination who seing no remedie and smaler hope of recouery of his former estate renounced wyllingly when he could do no other his interest and principality If you wil haue this a lawfull and ful parliament I must pray god to kepe vs from many of them bycause of the hardnesse of the example for the king was badlye murdred within lesse than a yeare after and yet you see what words of Aucthority it hath Edwarde the thirde helde the crowne fifty yeares and odde monethes and had in his time 26. Parliaments at the leaste in some of the whiche there was not aboue one statute made and that of no greate importance In the first Parliament the bookes goe vpon certaine petitions and requestes made to him That is the king in the saide Parliament vpon such Articles aboue rehearsed by the common councel of the prelates Erles Barons and other greate men and by the communaltie of the Realme there being by his commaundemente hathe prouided ordained c ▪ the same Sessions at the request of the communalty of his Realme by their petition made before him and his 〈…〉 Prelates Erles Barons and other great men assembled at the sayde Parliament hath graunted for him and his heires c. and so procéedes to graunt and confirme alwaies the liberties of the greate Charter and the Charter of the Forest wherof for the most part there is mentiō first made in euerye Parliamente in all the whiche fewe excepted hee vses these wordes or such like and specially til his 14. yere in which he had a liberal extraordinary ayde or subsidy graunted hym By the assente of his Prelates Erles and Barons and other noble men of his Realme and at the requeste of the cōmons after many times he puts in The consente of the Commons whole commons ful parliament and that chiefelye when as he obtained of them subsidie Taske fifteenth Disme or custome as if you turne the recordes you shall fynd and yet ofte he names them not at al but hath thus Councel and treatie there vpon had with the Erles Barons and our wise men of our said Realme c. VVe considering c. haue had there vpon deliberation and treatie with the Prelates and the nobles and wise men assisting vs of whose mutual councel it is ordeyned c. ofte putting in vvith the assent of the commons oftner at their request and petition whiche he vses not when they graunted him subsidie Taxe ayde custome fifteenth Tenthes or Lone But then the statutes carried these words VVith the consent of the commons whiche they well deserued And also deedes of congratulation aswel as allowance in termes for like moste liberal dutifull and considerate Subiects I wil thinke willingly did graunte their large contrybutions no larger than often nor ofter than needeful considering the diuers wars of their prince they did ninteene times bestowe towardes his charges their mony helpe if I did put in more as I suppose I shoulde not lye so should I not incurre any offence and that diuers of thē to continue two yeres thrée yeres sixe yeres A newe kynde of willing duty if you loke how alwayes before like matters in a maner were perforce extorted scou● them In Lieu whereof as a gratious prince thankefully accepting their doings as good cause he had ●aue thē at the least nine general pardons with some exceptions yet not many And whereas for the most part the Wolles of this lande before other commodities were most exacted of in his 36
c. the thirde yeare of king Edwarde the fourth after the conquest diuers statutes c. By the aduise and assent of his Lordes spiritual and temporal the commons of the same Parliament assembled and by auctority of the same were made c. During which Sessions he had granted him by statute the tonnage and pondage of wines and wayres not for a yeare or two but during hys naturall life In his second yeare he had liberally yeelded him large summes vpon his priuy Seales he had also diuers fifteenes Loanes and beneuolences In his first Parliament Charters priuiledges and liberties were cōfirmed But I sée no stoare of generall pardons in hys time although it was and had byn a busye age by meanes of the quarel betwene the two great houses of Yorke and Lancaster His brother Richard by that vnkinde making away of his nephewes ruled the rost two yeres two moneths a day whose statutes are enacted as before at the requeste of the commons of the same ●●●lme yet sought hee by all the fauourable wayes hee coulde too purchase hym selfe naturall subiectes though he vnnaturally came to the kingdome Henrie the seuenth after him obtained the Crowne in the beginning as it were by force next confirmed by the marryage of Elizabeth eldest daughter to Edwarde the fourth who called diuers Parliaments and in them al takes this course of auctority for enacting of the statutes of the same The King our soueraigne lord Henry the seventh c. in the first yere of his raigne to the honor of god and holy church for the cōmon profite of the Realme by the assent of the Lords spiritual and temporal and the commons in the same Parliamente assembled by auctority of the same Parliament hath done to be made certaine statutes c. He had sundry exactions subsidies and beneuolences wherof ensued some dāgerous and troublesome ciuil warres besides the putting in execution of many penal statutes more profitable to him than welcome to those who payde for them If you loke Maister Hal the Cronycler you shal finde more than enough touching the same and specially so broadely to touch Councellours for doing their princes commaundement in matters lawful tho in deede I must confesse odious to the people King Henrie being not like to recouer a sickenesse had taken him either by remorse of conscience or by other occasion it pleased him to conceiue did pardon those matters for the which he could not chose but heare the grieuous repining and murmure of his subiectes Henrie the eighte followed him in whose time were made a Bible of statutes and till the two and twentith of his raigne h●●ad the very same wordes as his father vsed in the beginning of his Parliamentes and tho then the same still followed not in course yet the Parliamentes were held of the estates wherein the commons were one What subsidies and aides of money he had and what and howe many enacted pardons hee gaue nowe to repeate is but losse of time sith we are come thus farre To go thorow with king Edward queene Marie king Philip and our most gracious Princesse hir maiestie that now is as I haue with the rest were burning of daylight Sith we haue hetherto brought the Parliament nowe let vs shortely gather what wee can of these Collections touching the original Antiquitie and the manner thereof First Brute in the yeare of the worlde 2855. before the yeare of grace 1108. began the Empire of this I le Hee founde it without laws he made some Mulmutius 441. yeres before christ added more Gurguintus put a litle to Marcia that noble Quéene about the 360. yeare before Christ confirmed many and so remayned this lande gouerned I suppose without our forme of Parliament for I cannot perceiue there was any state of nobility The greate Cities and Borowes were long a building some 300.400.500 yeares one after another and more The Shires nether deuided nor inhabited a nation liuing in ciuil warres thefte and rauyne barbarous often for want of foresight and lawe so dispeopled as hardely there remayned sufficient to manure their landes and lesse too defende their Territories The yeare 51. before our sauyour toke flesh Iulius Caesar the Romaine made conquest of this region and anexed it to the Romayne auctority who had tribute tho sometime it were denyed and gouerned by their Captaynes and Emperors toke the defence of the same vpon thē as their often hither cōming with armies building of walles betwene the Scottes Pictes and Britons doth wel witnesse til the 443. yeare of Christes Natiuity at whiche time they neglected the matter not willing as it seemed to buy a trifle too deare nor dayly to be troubled to come from Rome but a steppe to defende them who had no ability to holde their owne féete nor as it is to be feared woulde learne And although in this time somewhat is indited by Eleutherius the Bishop of Rome to Lucius who is accepted the first Christened king yet if you wey the matter wel you shal finde that wil not do● About the yeare 450. the Saxons and Angles being sen●e for entred and loke howe many kingdomes they erected how long in warres before how they continued how they were brought to one Monarchie and the sequele then and you shall finde there was no leysure for Parliaments In reading I haue gathered many floures out of Maister VVilliam Lamberts garden a gentleman after my verdict tho vnknowne to mee for hys payneful rare and learned Collection worthy to bee knowne and then no doubt of all wel disposed too learning and knowledge of the antique customes of our Country to be greatly honored I coulde make many Nosegayes for you oute of his wel set plantes but you are yong enough to gather them your selfe I will yelde that to Caesar which is Caesars due tho perhaps I wold be glad to be worthy to be Caesar my selfe Yet thus much I wil put you in minde what you shal haue in Maister Lābert for the seasons of the Saxōs and Angles kingdomes They deuided the Shires the worlde is their● they parted into hundreds and weapon-taxes the speeche is olde English Folkmoot and Sheremote was appointed by them compounded Saxō words of the which there were two vses in the Saxons time for there were two sortes therof one in the same nature that we haue le Countie Courte the other le Turne del Vicont S. Edward in his lawes appointed also two kinds of Folkmotes which were giuen notice of by the ringing of belles in olde Englishe called Mothel The first was when any vnaccustomed peril or daunger was doubted to the common wealth And then were the hundreds and Weapontackes within the Shriualties gathered together And also wythin them selues the Burgesses of Cities walled Borowes and fortresses of strength to the which liberties and priuiledges were graunted bicause their force was better able to keepe together and defende the people in the tyme of
Parliament M Mallerie coulde not be contented with a Recognizaunce of M. Halles as it was decreed but muste haue his minde satisfied with the infringement of the resolution of that place and what soeuer cōmes of the rest his quietnesse must be prouided for for forsooth he doubted further trouble nothing done Chambers was willed to proue a day or twoo for prouision of the money whiche if he could he would not haue done without commission thereto he therfore might haue played Coleprophetes parte if he had pleased one of the xxiiij orders and told his message before he went aboute it The recognizaunce M. Mildmay kéepes and Chambers goes aboute to see if he can finde an hundred pounds in the streates or meete with some one wil giue him so much M. Mallerie hath Smalley faste the bonde no doubte if the worst fall will at length be payde tho it tarry long spite of all M. Halles debts for yet he is a free holder The viij of May God be thanked the money is reddy somewhat before appoyntmēt with harde shift inough for beggers without daunger of lawe cannot haue money when they woulde before sir ●ater Mildmay it is by Huyt the Malleries receiued the releases performed a warrāt for the prisoner to goe play him selfe signed by M. Mildmay the whiche nowe the Recorder firmes with William Fleet●wood the ix of the same paying xij pound to the Leuetenaunt M. Hals cosen without dayes giuen and other charges b●sides of xliij shillings and ten pence he was turned forth ●nd bycause he ha●h song in so worthy a Gayle his Mast●r thought him not meete to chaunte in so m●ane a Cadge as the beste house he is like to haue so that now he may beyng Sommer learne a new note in the gréene fields Here haue you the end of this great cause thu● far to the excessiue charge of M Hal one way other trouble of Frendes and minde and slaunderous reporte among such as know not the truth and therfore to the more preiudice of his simple reputation My excuse I made to you at the beginning and I nothing doubt of your good accepting of my well meanyng if by accident or otherwise than I desire or hope this priuate certificate hap to the handes of any who be offended for not beyng soothed beare malic● for being contraried thinke vnkindnesse bicause they are not cōmended as other quarrel bicause I wrote the truth or for affection sake can daunce nothing but theyr owne galliarde I must thus answeare that I haue wronged them for naming any person in this manner particularly and not put too my name your selfe knowes my stile simple God wote and therefore neede I the lesse to auoyde further question if my letters should be intercepted to set to my hande Contra verbosos nolo contendere verbis I loue no disputatiō but where I may learne Quoniam senex esse volo citò si possem e●o olde I must be or die yong And therefore will I yeelde ouer to the yonger to play with the worlde who carelesse hope with vncertaine likyng for great things while I with regarde to my whyte heares comming on with cōtentement am glad to enioye mine owne small porcion for my paynes I craue no thankes of any straunger neyther yet of M. Hall him selfe whose good partes I muste of force confesse I do vnfaynedly loue for the rest I am sory and remayne with his enimies in one predicament for the conceyuing of his wantes but differ in desire with them towardes him bycause I pray the amendment which I doubt not of and they gape for his ouerthrow whiche were pitty if my request would come to passe I wishe truth to be reported in all causes whiche if it had bene I had saued this labour for at my beyng at Killingworth in the beginning of Aprill laste where what greate company were assembled what liberall cheere spent what familiar welcome vsed and Honorable consideration of all sortes had I referre to them that know what is incorporate to that house since it came into the handes of hym that now hath it There I say I sawe M. Hall by his owne brother in lawe M. Henry Skipwith by M. George Holte M. Iames Cressey and others who loue the man well so loden with euil fame and opinion that went of him for the premisses herein recited and that vntruly as of myne owne knowledge I am assured that I pitying the case determyned at the last with you who tenders him not to suffer so vniustly his credite tho small to be so wildly tyred on with my old and accustomed well thinking and praying for you I leaue you From London the xix of May. 1576. Your Frende no chaungeling F. A. 〈…〉 haue obtayned for you my place in the common house of Parliament for the increase of your knowledge you growing to the worlde and I from it I thought to bestowe a few lynes vpō you tho I had long since yelded my pen to be quiet my ability to write being decayd which neuer was great and my memory alway bad now in a maner grown to litargie wherin to lay before you as wel as I could such aduises as to folowe I haue founde profitable But considering mine owne wants I withdrew my selfe frō my determinatiō Yet minding with whō I shold deale whom I should counsel to whom I shoulde sette abroade the shewe of my experience in good houre I hope I proceeded herein for straungers will take thankfully what is don by others of a good meaning for their behouf and muche more children that whiche is done in the same kinde by their parents I suppose it not needelesse lightly to runne ouer as I can call to minde by what Lawes this Realme of England hath beene gouerned where altered where cleane abrogated and others confirmed which laste of al is your Parliament whereto I meane to come Wee alow the report of Brutes arriuing inhabiting this I le the yeare of the worlde after the most writers 2855. before the incarnation of Christ. 1108. He builte London calling it Troynouant wherein he stablished with the name the Troyan Lawes what they were I finde no recorde but that King Alured about the time of Christes birth 872 did gather the same Lawes together and translated them into english But for the religiō it seemed he followed the Paganisme then vsed through the whole worlde as a greate number of yeares after it did continue Til the 441 yere before the comming of Christ this lande was ruled nowe with law and now without lawe bycause of the ciull dissention therein at which time Mulmutius Dunwallo or Dunwallo Mulmutius chose you the sonne of Cloten Duke of Cornewayle by strong hande bringyng the new righte called Lawe Moluntine which graunted great priuileges to Temples to plowes to fayres and markettes and too the way leading to them prohibiting men to bee troubled for any cause in the same the wars among themselues had so
wasted the subiects as liberty and freedome muste nowe bring people together againe to ioine in a newe corporation of frendship And to exclude al feare he pardoned most freely al offences past These ordinaunces did holy Gildas about the yeare of Christ. 543 translate oute of Brytishe into latine Alured as afore about the. 872. out of Latin into the English Gurgunstus of some Gurguintus the son of Belinus before Christ. 375. was the first it shold seme that imposed death and losse of lim for transgression dyd also grieuously punish the peace breakers Quinthelinus his sonne married a noble gentlewoman to name Martia who erected certaine decrees of gouernement whiche were called after hir Martian Laws brought likewise into English by king Alured leauing thē the little Marthehelage asmuch to say the law of Martia Lucius it is said the eight yeare of his raigne of Christ ●88 some smal controuersye there is of the time was christened Eluthrius being Bishop of Rome and counted the first christened King of this Iland of the most credible writers tho some woulde haue Aruiragus 138. yere before to haue the preheminence aswel by the preachyng of Simō Zelotes one of the disciples of Christ here martyred and buryed as by Ioseph of Arymathy who had Mutryn now Glastenbury his place appointed of habitation sente hyther with twelue disciples by the Apostle Philip then preaching in Gaul nowe Fraunce too sone to come to Christ onlesse we would felowe him better Lucius was very timely cōsidering the late repayre to him of many nations nerer the plat of his birth and passion whom I would recite but I haue digressed too long Lucius set to Eleutherius desiring him he might haue the imperial and Romaine Lawes to guide and gouerne his countrey who retourned him this answere As touching the rightes of the Churche and seruice of God whiche you haue receiued they must remaine alwayes one vntouched the policie for ciuill rule may bee abrogated and altered as occasion shall serue you haue the booke of the olde and newe preceptes the Bible with the aduise of your kingdome make a Lawe thereby to gouerne your subiectes Here some will say was your first Parliamente and the verie originall thereof whyche I no way can agree to and the cause hereafter I wyl shewe you Lucius died wythout heire for the space of fifteene yeeres or more all wente to hauocke tyll Seuerus the Emperour discended rightlye from King Lud toke the gouernement vpō him about the yere 208. some account lesse the Romaines seldome quietly but for the most parte to their excessiue charge and trouble held the domyniō til the death of Cōstātine the yere .445 then neglecting the same as a country not worth the keeping who leauing behind him Cōstant or Cōstantin for his simplicity in his fathers time shorne a monk at Winchester Vortiger alias Vortigern of some the Duke of West Saxōs of other the Duke or Erle of Iewesses who after were called West Saxons toke him out of the Cloyster and crowned him king whome yet hee caused to bee murdered the first yeare of his raigne so that for those 240. yeares few laws were made and fewer executed Vortiger vsurping or being chosen king the 448. yeare so continued but a while in rest for not onely his nobles but the Pictes and Scottes layde so sore to him that driuen to extremitie he sent into Germany for the Saxōs and Englishmen to aide him in his waxres not only against the forraine enimye but his owne people promysing too them habitation whiche hee might well spare the land being in a manner wast by the meanes of the great mortalitie by pestilence the Scottes and Pictes inuasions and the ciuill slaughter Their request was accepted Horsus Hengist brought hether certain souldiers Panims by whose valure Vortigers contraries were tamed by the continuall repaire and flocking hether of those straungers the inhabitaunts were put to the dore For before the yere of our Lorde 1498 there were three kingdomes erected by the Englishmē and Saxons the first of Kent by Hengist the second by Hella his three sonnes of the south Saxons comprising Deuonshire and Cornewal Somersette and Southery or rather Hampshire for Southery according to the more probable writers The third of east Angles by Vffa cōteining Norfolk and Suffolke These broyles being no time for lawes or letters but for fier bloud Arthur the son of Vther Pēdragō was crowned king of Britayne tho a greate part as you heare were takē frō him The yere ●16 he fought twelue greate battayles with the Saxons in all the which he put thē to the worse yet coulde he not auoyde them the Land neyther yet so subdue them but that Cerdicus the fifth yere of his raigne began the fourth kingdome of west Saxons which consisted as I gather of Worcester Dorcet Wiltish ▪ Stafford and those western partes adiacent Aboute the yeare 547. the two Kingdomes of Northumberland that is the fifte and sixte principality of the Saxons toke roote In the one called Breuitia Ida first had rule In the other called Deira Ella was gouernor These two kingdomes had in thē the countries frō Humber northward to the Scottish sea and continued somtime vnder one king sometime vnder two The yere 586. the Britains were driuē into Wales presently the Saxons had the dominion of the whole lande At whyche time was the Christen religion thereby extinct and not thought on but amōg the Britaynes in Wales After some Sebertus leader of the East Saxons 614 gaue first beginning to that kingdome and had in it Essex Not long after Penda the Miscreant the yeare 626. made the kingdome of Mertia who gouerned Huntingtonshire Hertfordshire Glouc. War. Lecester Nottingham Northumberland and others Cadwallader the last king of Britaine died at Rome the yeare of grace 656 about whiche time according to some writers but I thinke rather the yeare 712. Inas otherwise called Iue or Iew a Christian helde the rule of the West Saxons He set downe certaine laws the preamble to the whiche is this Inas by the grace of God king of west Saxons with the consultation and aduise of Kenred my father Hedda and Erkenwald my Bishoppes of all my councellours and the olde wise men of my people in the greate congregation of the seruauntes of God did labour to confirme Iustice and equitie to bee executed in my whole territorie These particular edictes are not to my purpose to wright but the firste intituled Of the manner of the liuing of the ministers of God toucheth somwhat the matter which goes thus First wee commaunde that Gods ministers doe obserue the order of life alreadie sette downe and further wee will that to the rest of our people the lawes and iudgementes bee in this manner and so goeth on This also is alleaged for the confirmation of antiquity of our parliament I
Hostilitie assembled to councell what way were best to be taken in such times Also in the same Folkmote which ofte times is named the Common councel the subiectes of this Land did their fealty and were sworne as here before diuers times Touching the oth to the prince I haue recyted to you And for sufficient proufe hereof the Londoners of late yeres haue vsed the worde and at this day directly in effecte kepe the matter when they assemble themselues as ofte as neede requires to their common councel the Folkemote in deed The seconde Folkemote was for the electing of Sherifs and officers vnder them for taking order that the watches were kepte and great heed had to scath fire In the Saxons gouernement there were at the last two kinds of regiments by the which the country was directed the one the West Saxons the other the marches who as they were proceeded of two nations so ech held the rights receiued fro their ancetors The Saxons kept thēselues kings here tho w much a do great continual slaughters not only w the ancient inhabitāts of this land but with thēselues one king with another til the yers 1018. during which time you see many ordinaunces established but how far frō the way of our Parliament your own discretion wil conceiue if you haue good cōsideration of the times people maner of lawing Canutus the Dane the yere 1018. was absolute king of the whole Realme whiche the Danes claymed firste by conqueste of Swaynus their king father to Canutus ano next by agreement made betwene Edmund Ironside and him his laws you haue see what you find ther. So gratcōquerors do not cōmōly grant such large freedomes to subiectes to haue interest with them in the cōmon welth neither yet do bind thēselues to so hard termes to establish nothing without the consente of the other two states Far vnlike it is that of Danes he had ful supplie too furnish the whole state of nobilitie and the whole Borowes and counties But graunt he had shal I beleeue he would set down another maner of gouernemēt than the Danes do at this day almost haue alwaies maintayned which is al things to passe by the kings auority the nobilities without the thirde estate He was not constrained at any time againste his will for the poore Englishe nation God knowes were laide low enough The Danes raigned not here aboue twenty fiue yeres allowing Canutus the first king Yet would I faine learn whether by Parliament and general consent of the three estats therof the excessiue Tributs were graunted and the exaction called the Dane gelt which the English people only euen frō the beginning of the raigne of the Danes were cōpelled yerely to pay to their kings was Parliament wise enacted Saint Edwards lawes if you loke ouer you shall finde nothing to serue your tourne The Conqueror VVilliam in the yeare 1066 obtained the Crowne howe streight a hande he helde on the subdued inhabitauntes of this I le is wel known Til the twentith yere of Henrie the thirde I heare of no Parliament vnlesse you wil haue al consultations Parliamentes as in the fortith of Henry the 8. I sée a statute made for one Richarde Strode a Burges in that Parliament for that hée was condemned in 160. pounde at certaine Courts of the Steynery and by auctority thereof imprisoned for the same bycause he had as it was aleaged greatly hindred by his speaches in the Parliament their liberties and priuileges Upon his complaint to the thrée estates the Act was made for his discharge in the end wherof an enquiry is appointed touching the digging of tinne and the letter is thus Be it enquired for our soueraigne Lorde the king that whereas at the Parliament holden at Crokerentor before Thomas Denys deputye too sir Henrie Marney knight warden of the Steynery c. Here you haue your word otherwise applyed than we accustomably do So that the worde carries not awaye with it alwayes the fulnesse of the matter Some wold long sith haue comprised in it howe King Henrie the thirde was by armes cōstrained to do what he would not You haue recited to you what auctority he vses in enacting you also haue likewise I haue gone thorow al the Parliaments of the rest of the Kings which I haue thought néedefull the exact ouerloking wherof and due noting of the forme of the nobility in time past after the Danish manner great sway beares in this common welth the aydes subsidies exactions and customes generally so oft consented to with better willes and more quietnesse than in former ages the nūber of penal statutes and generall pardons of the Prince will disswade the Antiquity of our thirde voices which many do defende and also wil shewe a lighte of the admitting the third person in this trinity I cannot méete with the name of the Knight of a Shire or Burges of the Parliament or any such men mentioned tyl now of late dayes In the twenty seuenth yere of Edward the thirde in the beginning of a Parliament he sayes thus Wheras good deliberation had with the Prelates Dukes Erles Barons and greate men of the Countries that is to say of euery country one for all the counties and of the commons of Cities and Burgesses of our Realm c. The fifte yeare of Richard the seconde there is a statute That if any knight of the shire Citizen of Cittie or Burges of Borow did not vppon sommons come to the Parliament not hauing lawful excuse should be amerced Anno 12. of the same king you haue an act for the Kings wages Anno 7. of Henrie the fourth it is enacted touching their elections Anno. 1. of Henrie the fifth you haue the like for chosing of Knights and Burgesses In Henrie the sixts time and after there are sundry Acts concerning the same matter If you consider the late enacting of these things you shall finde later vse of our newe Parliament than of some is thought for I thinke Knightes and Burgesses neuer coulde nor might appeare in Coūcel before they were autorised and the maner of their apperance knowne It may be that you and some other who shall mete with thys my procéedings in this matter will maruell why I make so long a preamble and that in such forme to so shorte an aduise which I sende you Againe the world is many times so aukwardely disposed as it will deeme the worste of mens meanings And leaste the repeating of these things to you should of Malbouch who neuer sayde wel be conceiued that I shote to disgrace that noble graue and necessarie thirde state of Parliament whiche if I were so lewdly disposed I neuer were able to touch ▪ I first protest before him who knowes the secretes of al mens workings it is furthest from my thought The cause of this my long recitall of one thing and other grew of three parts One to shewe how happily we obtained that rare interest in the common wealth
white heares to dye in peace See how god hath giuen to all men the liking of the land and soyle whereout they are bred I wil not speake of delicate France of fat England ▪ of fruiteful Italie of careful gouerned Spayne of wanton Germany ▪ and other like countries wherin we haue not onely more than sufficient to feed and cloth ourselues with besides many nice superfluous delights but neuer dered with extremity either of cold or heate or for want of ciuil rule to condemne our quietnesse But go to the naked Ethiopes in Afrike whose sowty couler and caue dwelling declare the persecutiō they suffer by heate banning and cursing the sunne going down who leaue them for al the shifts they can make as smoking browne bread newe drawne out of the Ouen their homely diet serpents flesh with a fewe sterued cattel whiche they haue in estimation as theyr liues naming their children by their names and not after theyr fathers for that they acknowledge the sustentation of their beyng of them and for the same liue in continual warres among themselues I count not thicke English Beefe or Bacon neither yet the Licor whiche presently eyther they must quench their thirst with or dye the wyne of Orleaunce Not far from these faire babes dwell the Tawny Moores the Azanegies who feed not to fill their bellies but measure their hunger by the stoare of victual which most baronly and scarcely theyr Country yeldes them Your Acradophagi as fayre as goodman Negro is pleased to leape at Saint Iohn Baptists locust and contents him selfe without chaunge with that viandrize These people liue not aboue fourty yeares and in fine moste pitifully are consumed with flying Lice naturally breeding in themselues Also the Icthiophagi birdes of the same bushe of Ethiope who liue only by fishe not for Religion as Charterhouse Monkes but as hungry Dogges without sauce for necessity These and other infinit nūbers vnder that scalding heauen and in●terile soyles suffering their purgatorie in this world yet home is homelyest wyth them they wil not away God and nature hath so combyned and chaunged their likings too their country as they will say with the Scottish man when he comes to London or to the fayrest Town in Europe the Edenborowe except it is the godlyest place he euer set his foote in euen so wil the nations recited not sticke to fal out with hym that wil disprayse their dwellings although as there is statelier buildings than Edenborowe so is there more pleasaunt clymates and fertyler grounds than Ethiope I may not goe thorowe with so many southren people as by bookes I coulde recite vnto you for spence of time and chiefly when a fewe may suffice But now let me lightlye runne ouer some particulars of the vnmerciful sternenesse of the Northern Pole as heauy to the inhabitaunte felers for extremity of the cold as the parching sunne importable to the vggly Moores and yet Country quart is good quart The vrchins wil not out of their Denne they wil rather liue in natiue lande with these discomodities following than change for the Paradice of Fraunce or the Kitchin of England Firste go no further than to Islande a corner at hande which in Solstitio Hiemali enioyes smal sunne but the people there for that time at our noone dayes if they haue no candel may play at blindman buffe their colde is horrible their mansions Conney fashion their drinke is running Water weake califaction for such Wether as is there Their dreade dried fishe Corn and Licor ▪ not fit for Ladyes But if they happe of a candels ende some course barley Cantel and a sope of smal beere they are so gallant and wel pleased that they desire not my Lord Maior of London too bee their kinsman I wil not talke of Norway nor of Sweden Finlande or Gothland nor those adiacent countryes too Denmarke in the warmest whereof wee Englishe olde beaten souldiers would oftener blow our fingers thā wash our faces ●nd like to Naples the Paradice of Italy in cōparison too Muscouia parte of Ruthinea Temthia Bothinia Lappia Tornia Striphinia Finmurchia and Piarmia in the which such bitter windes such great hilles of Frost and Snow such thicke vncomfortable clowdes such large nightes of halfe a yeare long such seldome sights of that comfortable gentleman Maister Phebus would make a man lay the key vnder the dore and wishe the deuil too heate the country and the sunne to warme them What should I tell you of the incredible operation of that country congeling of the most violent and as it is vnnaturall in respect of forcible mouing of the windes the terror that ordinarye tempestes and lightnings bringeth no lesse to be beleued than liked what of that penetrating cold that boring out the inhabitants eyes giues them the sauce of hunger Optimum Condimentum and smal soppes to their dinner flées their skinnes of without edged toole makes them blowe away their noses in their napkins and yet plages them with catars rewmes and will you haue the English worde truely the playne snotte and sniuil so as though the nose be gon they must wipe where it was or else some vnsauerly matter will runne in their mouthes I ouerpasse a great company of incommodities the lest of the which would sende many of our nice faulte finders once a day into a slow of Cowe Casins glad they had it too Al these inconueniences and wantes huntes not the borne whelps to séeke new footyng neither makes them the lesse careful with manlike war to defend their indeuors Thus see you barbarous Ethnickes wilde Christians and superstitious nations at this present if you search their professions to the whiche I meane not too digresse to leaue theyr natiue country Well I tell you but yet I must further bycause I cannot omitte those country louers whose memory wel meaning writers to vs haue sent vs for a token to followe I cannot runne ouer all their actions some I haue perused and more forgotten but too a wylling minde a fewe honest examples may enduce too the contrary I shall but Lateram lauare tho I were neuer so curious an vnprofitable office to mee and as little beneficiall to my Bricke But haue at you whych is no fayre playe as olde gamsters reporte wyth such matter as I finde in auncient writings At the laying of the first stone of Rome Romulus made an Edicte that no person shoulde passe the appointed boundes of the Cytie which Remus smyling at and comming out of the same Fabius Celer Cēturio with a spade slew hym wholly respecting the stablishment of the common wealth and not regarding the peril mighte ensue hys rashe stroke Looke vpon Horatius Cocles valiantnesse and great venturyng of hymselfe iu the wars Porsenna Kyng of the Tuscanes the resolution of Mutius Sceuola for the dispatching of the same Prince the whole house of the Romaine Fabians in the warres against Veranius were vtterlye extinguished one childe except whose lacke of yeares preserued his