Windsor by the way were too too vnkindly vsed of the Londoners The king Lords fel to agreement as Fabian writes were coÌ„tented to be ordered by the doome of the FreÌ„ch 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 aâ— men accurssed who shall go about to breake infringe or alter the liberties and free customes conteyned in the Charts of the coÌ„mon 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 coronatioÌ„ 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 laÌ„d c. hath prouided and established these Actes vnderwritten willing and commanding that from henceforth â–ª they bee firmely obserued within this Realme In the ende of the Chapters of the same ParliameÌ„t 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 coÌ„munaltie of our realme there assembled c we coÌ„maunde you that you cause these things â—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 holdeÌ„ 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 couÌ„cel hath ordained froÌ„ 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
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
slewe his faithful and wel aduised follower Clito brother to Hellanice nurse or rather mother to Alexander as hym self accompted who had at the iourney of Granico saued his lyfe from the blouddy fistes of Spithridate And Phesas played the Tirant vpoÌ„ Calisthenes most cruelly inured vp with a Lion that odde Macedonian leader Lisimachus The lettes that Olimpias his mother conceiued against Antipater the Lieuetenante of al Macedony in hys absence hir continual complaints to hir sonne of him made Alexander first loose a good seruaunt and after his owne life Cambises that frantike king of Persia by fury and light taking of displeasure slewe his owne brother Smerdis killed and repudiated his wife Atossa for condeÌ„ning the Acte and vpon a time putting a Lyon a dogge together to proue maisteries the dogge put to the worse an other of the same litter taking parte to helpe at which sighte his other wife Meroa ruing the death of Smerdis who founde no succor or ayde at the last he commaunded to be dispatched Presastes his sounde and assured at all assaies vpon his own demaunde for couÌ„celling some abstinence from his dayly carowsing a thing misliked among the Persians led with fury forgetting all reputation that the duety to him had wel deserued and so much of iustice as is lamentable playde VVill Sommer stroke hym as it were that was nexte tooke the sonne of Presaspes claue his harte with a speare for dispite before his fathers face caused it to be plucked out shewed how right he could hit for al his cups Sophias the Emprises peuish minde and malice did hardly rewarde that famous fortunate defender of the Empire Narses to the great detrymente of the same and manye more but for spence of time might be rehearsed whose sodaine choller fury and vntemperate rage hath caused full oâ—â— to be wise after and repente their blindfelde executions Did not Xerxes that mighty king of Persia in an other manner of distemperature for the effecte of his doings shewe him selfe a tal gentleman at his coÌ„ming downe vppon Grecia with an vnvsual army for the greatnesse of the multitude and vnderstanding Mardonius his forgoing Captaine had loste many of his people at the mountayne Atâ—os in Thracia by meanes of the Streightes and perillous passage thereof he writes his threatning Letters to the Rocke that he wil hewe it in péeces bury it in the sea make an Ilande of it which with an inestimable charge hée did if he suffred no better passage to the Persians Himself comming to the sea at Hellesponâ— coÌ„maunded a bridge to be made to passe him and his company ouer which ouerthrowne by Tempest some of the workemen hee hangs some other hée cuttes their noses off some other puttes their eyen out hee makes the sea to be canuast with cudgels he throwes fetters and giues into it to imprison the waters What lamentable follie is here that Xerxes shewes whiche vnaduised choller brings hym to and makes hym followe so soone with roted and implacable malice on such who receiue no detrimeÌ„t therby but him selfe diuers wayes greatly harmed Be it that iniury be offred you wrongfully and vnworthy by odyous speeches or vnséemely actes remember Philip of Macedone of whoÌ„ Arcadian did nothing but rayle and lye and that openlye alwayes and in all places It so hapned that this Squire was met with in Philips country by the kings seruauntes who aduised sharpe paymente for his paines that would not be heard but Philip sent presents to his lodging and gently dismissed him After demaunding of Arcadians behauior it was retourned that none bestirres himselfe so much in his commeÌ„datioÌ„s now as he Thus may you sée quoth Philip what a Physition I am It was tolde him howe the Gretians murmured hardly against him and was moued by some to reuenge the wrong No quod he then will they in deed fourd me bad inough for if I had euer hurt them what shal I presuppose they wold say Socrates patiance euery body knowes who among other parts of the same hauing once drawn his weapon ouer his seruantes head to strike staying remembred he was a Philosopher in furie and therfore helde his hand Pericles that noble 〈◊〉 bring most opprobriously skolded at in the streates at the heeles folowed to his own dores by a lewde person bare it as belonged to so worthye a gentleman and commaunded his man with torche lighte too bring this gentle guest home Teleclus king of Lacedemonia answered a brother of his very well who founde himselfe grieued that the Citizens of Sparta delte hardlyer and lesse dutyfully towards him than to Teleclus quoth hee you misconceiue the matter for you cannot beare any smal iniury Antigonus being to his téeth tolde of his vnséemely shape and laught at coldely replied that then he was much beguilde for he toke him selfe to be a proper fellow One shewed Diogenes varlets that mocked him and I quoth he find not my self mockt King Archelaus hauing water powred on his head satisfied those that woulde haue him punish the doer that the partie threwe it not vppon him but on one he toke him for Diuers Philosophers woulde not chastice when they were angry But to come to our owne time as it were Let me not trouble you with too long a rable of those pacient people but make an ende â–ª with two notorious examples the one of a late great and worthy Emperour Charles the fifte knowne to manye in England nowe liuing The other of a poore Frier Gentleman our countreymanne Dan Peto well kende to many in Queene Maries tyme The Emperor lying before Landersey where he had certain English souldiers in his ayde in his greatest glory amidst his owne and waged straungers a Spaniarde so layd at him as no more maruelled at the lewdenesse of the person whose country yéeldes obedient and patient men to the magistrate no lauishmouthed whelps with such furious extremity than at the mildnesse and curtious answere of so mighty a prince The Spaniarde hightes him the sonne of a whore a Bougger a Marano the most odious name w that nation as many more as eyther Ruffian or Rogue can deuise Charles lokes at him saying Habla Cortesment saldado wythout any further sturre Father Peto I meane for age of whom I might also well thynke but that hys Friers weede who purchased hym a king Henry knocke stayes me for saying to well of hym yet his patience and answere shewed him no ordynary Franciscane but a wel meaning Fryer if any of that Courte can so do at the olde swan beside London Bridge with two or three wyth him the olde fellowe takes boate to the Courte at White Hal which newe launched from the shoare one from land sendes hym a brickbatte and therewith such a paâ—te on the brest that downe fel the feble â–ª Frier halfe dead some of hys company bussling to the Steare to reprehende this lewde or laudable doer take hym as you wil Peto stayde saying the stone was