honor and reuerence because hée is the Law which is moste honorable and reuerend this I confesse as an vndouted trueth namely for that the end aswel of the one as of the other is that God may be honored and glorified godly People cherished and maintain peace and concord strengthned and furthered wherupon standeth the proâ—peritie the good estate of all Cuntries and common welths their wayes and meanes you haue alleaged are these To punish and chastice the wicked and the vngodly and to restrain their libertie as much as is possible Yée haue further alleaged that punishments are diuers some corporall some pecuniall and that that all punishments are gréeuous bothe vnto the sufferers and also vnto the dooers therof but that I will not graunt ye without distinction Very true it is that all punishments without exception are greeuous vnto the sufferers therof but vnto the executor therof they are not all so namely such as are pecuniall and the gaine therof returning vnto the executor For although that to beat burn hang or whip any creature of God namely a Christian man or woman is an odious thing wherin no good or Godly hart can haue pleasure yet for aduauntage sake it is often otherwise for otherwise there would not so many Oxen Shéep and Calues be murthered and so few Hogs Dogs or Cats their offences béeing only their good flesh Wherfore although that in all Godly reason your arguments haue great necessitie yet in humaine reason and experience it hath butb are probabilitie and is no more But as if for example you wil say Women ought to be ashamed to be séene bibbing Wine in common Tauerns or to be séen at common lasciuious and bawdie Stage Playes therfore they are ashamed therof This is an argument gathered from posse to esse to wit from should or ought to be to is simply and hath not any necessitie nor firmitie and that shall you sée if you will goe with me to London this next terme How be it you séeme to inforce your antecedent by the honorable existimation wherin I am bound to haue the Magistrate and Officer and therby you think that of dutie I ought to graunt it you for the shamefull consequence which necessarily ensueth vpon the denyall therof Truely that not withstanding me thinketh all this but a very bare and naked proofe â— Simon maintaineth his assertion by authoritie of holy Scripture and diuersitie taken betvveen the revvarde of Vertue Learning and Knovvledge and the hire of seruile trauail and labour Cap. 7. CAll you this a bare and naked proof Neighbour Pierce quoth our Hoast if you denye this proof quoth hée you reuerse ouerthrow all humain societie which is maintained and vpholdeÌ„ by giuing vnto God y which is due vnto God and vnto man the which is due vnto man But vnto God what can wée giue saue honor prayse glory first and immediatly vnto him self and secondly vnto his Deputies and Lieutenaunts to wit Magistrates Officers whose calling and appointing therunto as it is of God so must and ought wée to think that it is for their godlynes and vertues for God him self hath said them that honor mée I will honor and they that dishonour mée I will dishonour wherfore our wise and reuerend Elders and Forefathers in their assessing these great Fées and charges did mean to honor them whome God honoured And therfore vnto their callings appoited they great and honorable reuenues knowing that their gain is the punishment of vice and the rewarde of Vertue and that the part portion of all the godly is therin knowing also that there is not so great Incouragement vnto Vertue and Godlynes as the liberall rewarde therof and that all vngodlynes and vnthankfulnes is measured by the greatnes of the goodnes and benefit receiued either at y handê of God or man Lastly knowing the they might not prosecute but persecute the causes occasioÌ„s of these gains as hath alredy béen prooued and therfore I say abooue all common reason and discretion they assessed these Fées and â—euenues that the gains might be great and yet the causes therof few quite contrary to all other estates and faculties for what other reason is there that one man shall labour fore a whole day at night shall receiue twelue pence or eight peÌ„ce for his hire An other for half or a quarter of an houres easie trauail shall receiue xx shillings or sometime more what is the cause of this diuersitie euen this the one is a hire and a price of a seruile labour and trauell and is receiued in proper and priuat vse the other is an honor doone vnto vertue Godlinesse and knowledge which doo receiue nor holde or account any so base things proper or priuat or can be so basely minded as to ioy therin further then they may glorify God therby What other reason is there that one man in the return of a Reame of paper shall gaine xij pence or xvi pence cléer and yet where he layd out ij pence the other layd out x. shillings And after the same rate in Wax that one man shall sell more for vi pence then an other shall sell for viij pound which neuerthelesse bought as déere as he within xy pence at xx shillings waring and bothe layd out more mony longer looked for the return therof I say theris no reason other then is already made Pierce denyeth the calling to office to be such as Simon hath alledged Chap. 8. NEighour Simon quoth Pierce wheras you maintaine your assersion by the woorthines of the Magistrate and Officer and doo insist therupon alledging that they are called by God and that for their godlines and vertue The first part I greatly dout for that many of them buy their offices and pay very déerely therfore yea some sell their very inheritaunces for that purpose I mean to buy offices now did I neuer read that euer God receiued Money for an office how be it I refer my self héerein to my Maisters that are learned The next part that they are called for their Vertue and Godlines surely then I verily suppose some of them are called for the things that neuer were in them before and then were the caller deceiued which God cannot be except you will say that God of his méere goodnes and mercy called them for the vertues and godlines which he meaneth to call them vnto and in this order beginneth to woork I meane in bestowing vpon them so liberally by that meanes to charge them with his expectation in respect of their great Talent committed vnto them which thing you séeme to alledge as no small cause and consideration of the high assessing of the fees and charges aforesayd and that so great mercies graces bestowed vpon them by God and so liberall reward appointed vnto them by men should suffise to make them godly and verteous from thence foorth what so euer they were or had béene before All which arguments
good and euill and of the liues and manners of men for what is there in all this earth so much desired as houses landes Lordships and possessions and to commaund ouer people What els is the end of all so many and so great trauels watch studie so many and so great hazards by Sea land so many shifts sleights deceite and oppressions of all which this world hath béene is euer wil be full against all which who so will holde a thing of so great value he must be well prouided and of great defence and hath néed to haue in him self the strength wisdome councell and iudgement of many and so much the rather by how much his possession is the greater that for two causes First for that in his errour of life fall and misgouernment lyeth the fall ruin and decay of a number what of his owne blood what of his tenaunts faith full fréends and seruants Secondly for that his estate is subiect vnto many enemyes of whom the greatest moste dangerous is the flatterer the olde enemye of all man kinde as the story of our father Adam and mother Eue and the Serpent dooth well declare This mooued Iuno as Ouid fableth to commit Io her Cow vnto Argus to kéep which Argus had an hundred eyes in his head and therfore much a dooe had Mercury to deceiue him with all his swéet songs Musick for when he had brought one of his eyes a sléep yea diuers of them yet waked diuers others and stood vpon their ward and whether his face or his back were toward Io yet he all way behéeld her A reason vvhy Copyholdes Customes and Corporations vvere first ordayned and hovv that Pride Flatterye are the cheefe causes that many a young Gentleman commeth to sell his Lands Chap. 18. ANd surely in mine oppinion this mooued the wise and honorable fathers and Magistrates of olde time to incorporat so great liuings and possessions and also to erect and establish in Lordships so many coppy holdes and custummary tenures as the moste souereign remedy against pride and surcuydrie which commonly accompanieth the priuate singuler sole proprietie in lād possession office or any other thing whatsoeuer also a way and meane to furnish the common welth with many bothe able to deserue wel and to doo good also glad and willing therto vnto the which pride is either the only lot and impediment or els of all other the greatest as he vpon whō flatterie attendeth yea and in such sorte that he leadeth him by the nose vp and down the house making him to beléeue of him self any thing causing him also to delight no while in any one thing whether it be apparail or the fashion therof place person dyet fréend seruaunt Tenaunt or other thing whatsoeuer and this as dayly experience teacheth is the high and ready way to the Vsurers house and from thence to the Extorcioner who dwelleth hard by of which twain by that time he hath takē foorth his lesson kindely I dare be his suretie he will not be hasty to doo good to any good body neither if he would shall he haue wherwith all for either shall he haue no lands lest him at all or if he haue any he shall be glad to let thē déerer then the any honest man shall doo good thereon so that in conclusion bothe the Landlord and the Tenaunt shal be miserable The cause héerof is Pride moste and chéefly as I haue said and often times youth good nature or peraduenture excesse of Pleasure and Sensuall delights where through young Gentlemen are often snared through euill company béeing ouertaken sometime by giuing their woord sometime through bribe of a little present mony sometime by one deceit sometime by an other wherin men are soone pampred uamely such as are of small experience and iudgement and knowe not the false lures of the wicked and vngodly against all which these Corporations and customes are of great force and a great defence for in bothe these cases hardly can they be assaulted much lesse inuaded by any of the enemies aforesaid First for that a corporation is neuer vnder age as for example Maior and Comminaltie Deane and Chapter Wardens and Fellowes and such like whose succession is by election their proprietie is ioint and in common neither can one dooe any thing without the rest and therfore to flatter any one of them vaine and to flatter them all very hard namely mens Natures Wit Iudgements and Affections béeing diuers and euery man willing to maintaine and prefer his owne oppinion or his fréends Pride atteinteth them not for who is proud or at the least so proud of any thing wherein a number hath to commaund as much as he and without whō he can doo nothing then béeing armed against Pride the Father of necessitie and néed they are better fréely to afforde their good woord or déed and therfore in vayne were it to bribe them But admit that any of them would be bribed it were also in vain and would procure the euel wil of all the rest without bribing them all which were heauie and harde to doo So that in any competition made vnto such persons against any olde Fréend Tenaunt Officer or seruaunt it is verie harde to preuaile except it be through his owne great misbehauiour And where it is betwéen méere Sraungers one of them against an other there the best and moste woorthie is sure to spéed for certainly and infallibly there is nothing in all this world so amiable so belooued and fauoured as honestie vertue and godlynes are Where priuate flatterie or briberie stand not in their light as in the case of priuate Owners and proprietaries I haue alleadged that it both may and often dooth And thus much of the Corporatiōs of their effects Now to speake of the customes of Manours the very sāe or like in effect may be said for the Inheritour of customary Land although hée be seased therof to him and to his heires yet can hée not sel it without licence of the Lord and that solemnly graunted by his Steward in open Court and there entred nay hée cannot set or let the same or otherwise impaire the wood or other commodities therof without the licence aforelaid So great an entresse and commaundement hath the Lord therin and yet not to the hinderaunce or preiudice of the Inheritaunce but econtra namely that the selling setting or other gouernment of such a royall possessiō as land is should stand in the Iudgemēt discretiō of diuers those of the ripest best aduised and not to be solde wasted or spoiled through the intemperaunce of one foolish or vngodly man or woman either for néed or necessitie or other wise for flatery or other fōd or foolish affection what soeuer wherin the Lord and his lerned Stuard and the homagers of the Court are Iudges In all which cases it may euidently appéer how great a care those honourable and reuerend Forefathers
money vpon the boorde and the dice trotting to fro and that now one snatched a heap and now another snatched an heap and ther withall such deuout swearing hée came is mée and rowning mée in the eare asked mée whose weare all those heaps of money that weare laid foorth mary quoth I his that can get them get them quoth hée how Marry quoth I by hazard say you so quoth hée claime they no farther propertie in their money but by hazard whether them selues shall haue their money or an other man no verily quoth I. What are those white things full of black spots that are so chaced to and fro Those quoth I are called dice vpon whome standeth the hazard ther withall my Fréend and I hauing dined and dispatched went our way foorth toward the Temple and before wée had gon so farre as a man might shoot a Bird bolte there arose an outery behinde vs stop the théef stop the théef and ther withall I looked behinde mée and loe the fellowe of whome I tolde you came running with bothe his hands ful of money and after him ran the ruler of the Ordinary and thrée or foure of his seruants as fast as euer they could run with hue cry wée turned not back neither made vs to doo therin So they followed him vntill they came as farre as Saint Dunstanes Church and there the fellowe béeing out of breath turned again and catching y Maister of the dicing house in his armes cryed I haue him I haue him this is y théef quoth hée Now was the throÌ„g so great that a man could not know which was which vntil at the last the Officers came and took them bothe and knowing the Maister of the dicing house asked him what the matter was Mary quoth hée this Villain Théef hath robbed diuers Men of Woorship my Guests of great summes of money and I haue followed him for hée ded vpon the selony And there-hée had spâ—ed mée in the CoÌ„pany bad theÌ„ lay holde vpon mée for this knaue quoth hée gaue him the couÌ„cel is as false théef as hée There was no more to say I was laid holde vpoÌ„ apprehended and bothe hée and I caried before a Iusticer of peace the Fellowe and I my Fréend would not leaue mée but went with mée to sée and heare the end So Sir when wée were come before the Iusticer hée laid fore to the Fellowes charge that hée had broken his house forciblie and burglarlie and had feloniously robbed foure Gentlemen of woorship his Guests of diuers summes of money feloniously and against the Quéens lawes and peace Sirra quoth the Iustice what saist thou to this Sir quoth the fellowe I beséech you to slaÌ„d my good Fréend and Maister and let mée haue but law reason at your hands I trust it appéereth vnto your discretion quoth hée that this matter alleadged against mée is not sufficient to put mée to answere therunto First for the forcible entrie into his house and burglarye supposed I say his house was open and daily is and to long hath béen and vnto to many if it pleased God and the Magistrate such as your Woorship is for I vndertake hée that hath any thing to lose and cast away néed neither break doore nor wall to leaue it behinde him there and somuch for mine answere vnto that part As to the money supposed to be stolne hée declareth no certaintie therof neither conueieth to him self any property therin and so no felony of the thing wherto no man claimeth propertie very true it is quoth hée that I came into his house and séeing a company standing about a square Table diuers greet heaps of money laid foorth therupoÌ„ I asked this honest man that was a stander by meaning mée what was ment therby and also by two white square things full of black spots that were chased to and fro vpon the boord hée answered mée that they were playing at the dice for that is quoth hée the name of those square bones and said farther the the name of their game was hazard When I had heard him say so I considered with my self that there might be good to be doon for mée among them for hauing wel marked their order I found them the moste indifferent People to gain by that euer I met withall in my life for I perceiued that hée that laide the money downe the rest meant that hée should neuer take it vp again and for his part hée ment aswell vnto them and that all this stood in the fauour of hazard and so often time it chaunced accordingly to wit that the box béeing the third persoÌ„ caught a share and by no other nor better title then mée thought my self to haue for mée thought I was as indifferent to euery of them as was the box or as any of them was to osver for I verily thought and yet doo that if neither of them euer fingered that laid down either had his desire against other moreouer quoth hée when I beheld such lewde and shameful mispending of the time such horrible swearing and blaspheming knew not where neither vnto whoÌ„e to complain for reformation therof thought in Conscience I ought not to suffer it as farfoorth as were in my might I saw no way so likely to redresse it as to take away the cause which I perceiued was the money I thought that bothe by law and good ConscieÌ„ce I might doo it and ought also and in this deliberation I awaited my time and snatched vp al that I could lay holde vpon and came my way wherupon I pray your discretion and whether this be fellony wherin there is title or at the least cullour of title A Sirra quoth the Iusticer you are a cuÌ„ning théef indéed it is time to look to such knaues as you are Sir quoth the poore fellowe I beséech you be good to me I am a poore man and I trust sauing against them the lost the money the money is mine against all men and as vnto theÌ„ wheÌ„ they demauÌ„d me let me answere And as touching that honest man quoth hée by me I neuer delt with him nor neuer saw him before to be short the Fellowe was committed to Newgate and I was fain to finde suretie by recognisaunce to appéer at the next sessions there to make answer to such mater as should then and there be laid to my charge and that cost mée fiue shillings and this was all that I got by hauing my dinner giuen mée And what said your Lawyer to you for this said our Hoast what comfort dooth hée giue you of a mends against the partie that thus misused you truely quoth Pierce hée vtterly discourageth mée to stur or meddle farther therin and all vpon the same reasons that hée made before orels the very like in effect Truely Neighbour quoth our Hoast that Lawyer was no Counceller neither for your purpose and much lesse for his owne Why so Neighbour quoth Pierce marry quoth