same in the buildings of the Kings Court and other houses The Cities thereof are Helsenburg Lanscron and London the Metropolitan Citie 5 The Iland of Seland whence they hold the Zelanders of Netherland to haue come into those parts is beautified with the City Copenhagen that is the Hauen of Merchants where the King hath his Court and there is an Vniuersity It hath also the strong Castell Cronemburg built in the Village Elsenar and the City Roschild so called of a Fountaine being the seate of a bishop where the Kings are buried Betweene the Castle Cronembirg in Seland and the Castle Helsenburg in Scandia is the famous straight of the Sea called Der Soundt by which the ships enter into the Baltick Sea and returning from Dantzk and Righa laded with precious commodities pay great tributes to the King of Denmarke both at the entrie and going 〈◊〉 of that Straight 6 Iutland signifying a good land in the German language is the Northerne part of the Cimbrian Chersonesus that is necke of land whence the Cimbri came who made war vpon the Romans And this Iutland with the foresaid Seland are properly called Denmarke the other parts being peculiar Regions at diuers times annexed to that Crowne The chiefe Townes of Iutland are Aleburg Nicopia and Wiburg The rest of the tract of the Cimbrian Chersonesus containes the Dukedome of Holst vulgarly called Holstein which of old was part of Saxony but so as the Danes often forced it to the paying of tribute and at last about the yeere 1465 they fully subdued it Part of this Dukedome lying vpon the Brittan Sea betweene the Brooke Idera and the Riuer Elue is called Ditmarcia all fenny so as by casting downe certaine bankes they may drowne al the Countrie and by this strength the inhabitants keeping their enemies out long preserued a rude or rurall liberty but at last in our time Frederike King of Denmarke vpon aduantage of a great frost in those Fennes suddenly assailed and subdued them ioyning that Country to the said Dukedome of Holst Of which Dukedome the chiefe Townes are Flensburg Slesuick where of old the Dukes held their Court being seated on the Sea towards the East and Gottorp and Meldorp in Ditmarcia vpon the Sea towards the West Vpon the confines of Holst lye the faire Imperiall free Cities Lubeck and Hamburg to the freedome whereof the Dukes of Holst were great and neere enemies challenging the same to bee built in their soyle for which cause the Kings of Denmark possessing that Dukedome are much suspected by these Cities whom they more and more feare as their power more increaseth Some reckon the Ilands Orcades for part of Denmarke and they say that the inhabitants speake the Gothes language but Histories witnesse that howsoeuer of old they belonged to the Danes yet they haue long been subiect to the Kingdome of Scotland Denmarke lying neere the Artick circle must needs be subiect to great cold howsoeuer the mistie aire caused by the frequent Iles doth in some sort mitigate the extremity thereof In regard of the clime it cannot be expected that fruites should grow here which are onely ripened by the heate of the Sunne They haue corne sufficient for their own vse and plenty thereof as of all other commodities is brought to them from Danizk and all other parts by reason of the frequent concourse of Merchants into the Sounat which they inioy at good rates and with much ease The Danes exchange great plenty of dried and salted fishes and of other smal commodities for necessaries to clothe and feede them and being in both these kinds frugal and sparing as the Germans are they also attaine to some small riches by this poore traffick And since they feede for the most part on dried fishes bacon and salt meates and little vse fresh meates as veale and mutton they carry great heards of oxen and calues out of Holst into Netherland Lastly since they haue no other commodities of their owne to transport and Merchants that passe the Baltike Sea of necessity landing at Elsenar bring them all necessaries from forraigne parts and also take of them such commodities as they can spare surely howsoeuer the ships of Denmark are in strength sayling and lasting next to the English yet their Merchants seldome make any other voyages then towards the Northerne Iles to take fish In diet they are much like the Germans and especially the neighbouring Saxons Their dainties are bacon and salt meats but the common people feeds much on diuers kinds of dried fishes which at the first view of them a strangermay wel perceiue by their leane and withered faces and they likewise feede on bread very black heauy and windy I did see no common Innes at Copenhagen Elsenar or Rosehilde but some are there licensed to keepe Tauerns for selling of wine where the common table for that purpose is alwaies ready couered with linnen But passengers must obtaine diet and lodging with some Citizen and in their houses they shal find honest manners moderate diet and cleane beds and sheets To conclude the Danes passe if it be possible their neighbour Saxons in the excesse of their drinking Poland hath the name of Pole in that language signifying a plaine and is a vast kingdome The longitude thereof extends 16 degrees from the Meridian of 38 degrees to that of 54 degrees and the latitude extends 9 degrees from the paralel of 47 degrees to that of 56 degrees It is diuided into the greater and the lesse 1 Of the greater Poland these are the chiefe townes Bosnan seated on the Brooke Barta and Genesua and Ladistauia seated vpon the Riuer Vistula or Wexel 2 The lesser Poland lies towards the South wherein is Craconia vulgarly Crakaw the seat of the Kings The inhabitants come of the Scithians and the manners of the common people at this day little differ from the old Sarmatians This Region is fenny and great part thereof is woody but it so aboundeth with corne and pastures as it supplies all Europe with corne and the neighbour Countries with heards of Cattell It hath no vines but it yeelds plenty of pit-coale and much wax and hony and it no lesse aboundeth with many kinds of the said cattell aswell wilde as tame Other Prouinces are annexed to this Kingdom namely Samogitia Massouia Lithuania Volhinia Russia and Podolia for I omit Borussia though subiect to this Kingdome vnder a free yoke because I formerly said that it is numbred among the Prouinces of Germany the inhabitants being Germans in language and manners and because I haue in that place formerly described the same 3 Samogitia hath no walled Towne but the people liue in Cottages and being rude and of great stature only apply themselues to the plough and feeding of cattle not knowing any vse of mony scarce the seruice of God 4 The Metropolitan City of Massouia is Warsouia vulgarly Warsaw where the Parlaments of the Kingdome are held 5 Lithuania giues
great Army is intended then that I meane to contest against the contrarie opinions which are here continually multiplied from thence of the great Armies the King of Spaine amasseth to hinder any preparations which may come from hence whereby that Kingdome may receiue any comfort First because I know the very bruite of Leuies here must needes giue helpe to your proceedings next because I know what a folly it is in cases which concerne a Kingdome to disswade any manner of supplies whereof the lacke may proue perillous especially in this State which is so exhausted by that warre of Ireland onely as it is an easie worke to diuert all actions of charge especially whensoeuer they may thinke to secure their opinions by maintaining those grounds to which I should incline to whose place it principally belongeth to giue best iudgement of forraigne intelligences I will onely therefore conclude with this I am sorry to finde my Soueraignes heart so great and magnanimous though I must confesse she hath very iust cause as not to be contented to haue made vertue of necessity and by her pardon of the greatest Rebell to haue dissolued the strength of the combination which being still vnited with mindes of dispaire will multiple still alienation whereof so potentan enemie as is the King of Spaine will euer make his benefit where I am of opinion that if hee were sure to bee pardoned and liue in any securitie with the qualitie of any greatnesse such is his wearinesse of his miserie and so of all the rest as hee would bee made one of the best instruments in that Kingdome But I haue now gone on too farre sauing that I am apt to take all occasions to exchange my thoughts with you by letters praying Almightie God so to blesse your endeuours as we may more enioy each others company for the good of her Maiesties Ieruice And so I commit you to Gods protection From the Court at Hisham this seuenth of August 1602 Your Lordships louing and assured friend to command Ro. Cecyll The Lord Deputie spent some fiue dayes about Tullough Oge where the Oneales were of old custome created and there he spoiled the Corne of all the Countrie and Tyrones owne Corne and brake downe the chaire wherein the Oneales were wont to be created being of stone planted in the open field Sir Henrie Dockwra onely with some horse with him did meete the Lord Deputy here vpon the thirtieth of August and brought with him Ocane a late Submittie hauing left the English foote at the Omy where in like sort were the most part of O Canes and young O Donnells horse and foote victualed at their owne charge and ready to attend any seruice the Lord Deputy should command them The same day his Lordship vnderstood that Sir Arthur Chichester was comming towards him by Killetro and that Randoll Mac Sorley had offered him to serue the Queene in that iourny with fiue hundred foote and fortie horse vpon his owne charge Whereupon the Lord Deputie resolued to march with the Army to Dunnamore and thence to the Agher and in the second daies march vpon the sixth of September his Lordship receiued letters from the Lord President of Mounster that foure and twentie Spanish ships were bruited to be arriued at Beere-hauen which newes though his L P kept secret yet the whole Countrie was presently ful of it and from al parts he receiued the like alarums insomuch as amongst the Irish it was constantly beleeued that some Spanish ships were arriued at Carlingford Notwithstanding his Lordship left a Garison at the Agher being a Castle seated in an Iland and he intrenched a large piece of ground for greater forces when Sir Henrie Dockwra should draw them thither vpon any seruice and from that Castle his Lordship brought away two brasse pieces Tyrone Brian Mac Art Mac Mahownd and Cormack Mac Barron were fled into the bottome of a great Fastnesse towards the end of Lough Erne whom his Lordship followed as farre as hee could possibly carry the Army yet came not within twelue miles of them besides they had a way from thence into Orurkes Country to which the Army could not passe Mac Guyre had lately left them and receiued the Queenes protection from Sir Henrie Foliott vpon condition to put in good pledges for his loialty and to giue Oconnor Roc Mac Guyre the land belonging to him and to build vp the Castle of Eniskellin which he lately brake downe deliuering the same built at his owne charge into the Queenes possession and Tyrone and his abouenamed confederaies were all poore and all the Rebels following them were not aboue sixe hundred foote and sixtie horse Vpon the seuenth of September his Lordship vnderstood by letters from Sir Oliuer Lambert that he was called back from the prosecution of Orurke by like newes of the Spaniards arriuall The same day his Lordship sent backe Sir Henrie Dockwra and directed him to draw most of his forces with as much victuals as he could put vp to the Omy and from thence to the Agher being twelue miles distant faire way there to be rendent and to make the warre till haruest were past being alwaies ready to follow his Lordships further directions vpon any landing of Spaniards Likewise the next day his Lordship sent backe Sir Arthur Chichester directing him to lie at Mountioy Garrison clearing the Country of Tyrone of all inhabitants and to spoile all the Corne which he could not preserue for the Garrisons and to desace al the Ilands formerly taken being ready to draw vpon the Rebels if they should make any head yet with aduile to bee likewise readie to answere any new directions if the Spaniards should arriue So his Lordship marched backe with his Army and vpon the ninth of September diuided all the waste land on the Southside of Blackwater towards the Newry betweene Hen. Mac Shane and Con Mac Shane sons to Shane O Neale only with leaue to liue there with their Creaghts and such followers as should come vnto them till her Maiesties pleasure were further knowne and inioyning them to sow their Corne for the next yeere vpon the Plaines Thus his Lordship bringing backe with him into the Pale fourteene Companies of foote and one hundred horse came to the Newrie the eleuenth of September and the next day in his and the Counsels letters to the Lords in England after the relation of the former seruices wrote as followeth We haue taken the best pledges we could of such as are become subiects al of them haue assisted vs with Cowes most of them with carriages with men and with their owne presence so as if forraigne forces doe not arriue we make no doubt of them nor to bring the rest to what termes shall bee fittest for her Maiesties Honour and profit Wee haue thought fit to suffer most of the Natiues of Tyrone the rest being put ouer the Riuer of the Bann to follow Henry and Gon Mac Shane and perchance many of them
Lawes and obedience due to his Maiesty The foure twentieth day his Lordship was aduertised that the Citizens of Lymrick had with their Priests entred into all the Churches of the City and there erecting Altars had vsed the Rites of the Romish Church The 25. day his Lordship wrote this letter to the Citizens of Waterford YOur letters of the three and twentieth of this instant came this day to my hands And hauing duely considered the contents of the same I find that they returne a double excuse of the courses you haue vsed first for your delay of time to proclaime the Kings most Excellent Maiesty according to such directions as was sent vnto you from the Earle of Ormond by a Counsellor of this State And the next for such disorders as were reported to bee committed by the publike breach of his Highnesse Lawes in matters of Religion To the which We returne you this answer following First albeit We would haue wished that you had had a more carefull regard to haue performed such directions as you receiued from to Noble a Peere of this Realme by so reuerent a messenger as you might assure your selues in such a matter durst not abuse you his Highnesse sole and vndoubted right concurring also with your owne knowledge and consciences yet We will not condemne you for that omission of the time seeing afterwards you did obey our directions in that behalfe and gaue so publike a testimony of your ioyful allowance and consent to his Maiesties Right and lawfull title proclaimed amongst you But as in this part you haue giuen vnto vs a kinde of contentment so in the last point Wee cannot forbeare to let you vnderstand the Iust mislike We doe conceiue that you being Citizens of wisdome and good experience and the Lawes of the Realme continuing in force would be drawne either by your Priests or any like practises to commit any publike breach of the Lawes and the rather because out of that vnspotted duty which you professe you haue euer carried to the Crowne you would not in reason conceiue that the example of your offence in such a cause and in so great and populous a City could not but in it selfe be very dangerous in these disordered times wherein examples doe carry men astray which in discharge of Our duty to the Kings Highnesse Wee may not suffer And therefore haue resolued to make Our speedy repaire vnto those parts for none other purpose but to establish his Maiesties Lawes that no publike nor contemptious breach be made of them wherein We wish you had bin more wary contenting your selues with the long and fauourable tolleration you enioyed during the late Queens raigne rather then in this sort to haue prescribed Lawes to your selues whereby in wisdome you may perceiue how much you haue preiudiced the very obtaining of your owne desire by the courses you haue taken as we are credibly informed And yet because it may be that the reports of your behauiour haue beene made more hainous then there is cause Wee are well pleased to suspend Our giuing credit to such particular informations vntill vpon due examination the truth may appeare wherein We hope and shall be glad that you can acquit your selues so of these imputations now laid vpon you or otherwise that you conforme your selues now at last in such sort to the obedience you owe to his Maiesty and his Lawes as We be not inforced to take seuere notice of your contrary actions The same day his Lordship was aduertised from the Mayor of Galloway that howsoeuer he found no seditious inclination in the Citizens yet to preuent disorders in these mutinous times the Gouernor of the Fort had giuen him some of his souldiers to assist his authority whom he to that purpose had placed in the strongest Castles of the City The same day his Lordship receiued letters from the Mayor of Corke signifying that the thirteenth day of this moneth he had published in the City the Proclamation of the King with the greatest solemnity he could and complaining that the Souldiers in the Kings Fort offered many abuses to the Towne with offer from the Corporation to vndertake the safe keeping of that Fort for his Maiesty The 26 day his Lordship wrote to the Soueraigne of Wexford that whereas they excused their erecting of popish rites by the report they heard of his Maiesties being a Roman Catholike he could not but maruell at their simplicity to be seduced by lying Priests to such an opinion since it was apparant to the World that his Maiesty professed the true religion of the Gospell and euer with carefull sincerity maintained it in his Kingdome of Scotland charging him and those of Wexford vpon their Wexford to his Maiesty to desist from the disordered course they had taken in celebrating publikely the idolatrous Masse least hee at his comming vp into those parts should haue cause seuerely to punish their contempt shewed to his Maiesty and the lawes of his Kingdome The same day his Lordship was aduertised from the Commissioners of Mounst r that the Citizens of Corke grew daily more and more insolent defacing places of scripture written on the wals of the Church to the end they might wash and paint ouer the old Pictures and that one tearmed a Legat from the Pope with many Priests had gone in solemne procession hallowing the Church and singing Masse therein publikely the Townes-men hauing placed guards of armed men set at the Church dore and at the Porch yea burying their dead with all Papisticall Ceremonies and taking the Sacrament in like sort to spend their liues and goods in desence of the Romish Religion and thereupon taking boldnes to offer wrong to the English and to practice the getting of the Kings Fort into their hands yea refusing to sell any thing to the English for the new mixed money and not suffering the Kings victuals to be issued out of the store till they had assurance that the Souldiers should be sent out of the liberties of Corke The 27 day his Lordship wrote to the Soueraigne of Clemmell commending him and the rest of that City that they had proclaimed the King with great ioy and gladnesse but charging them vpon their vttermost perill to cease from the publike exercise of the Romish Religion which they of themselues had mutinously established The same day his Lordship wrote this following letter to the Soueraigne of Kilkenny AFter my hearty commendations I haue receiued your Letters of the 25 and 26 of this moneth and am glad to vnderstand thereby that you are somewhat conformable to my directions being willing to haue cause to interpret your actions to the best but though I meane not to search into your consciences yet I must needs take knowledge of the publike breach of his Maiesties Lawes and whereas you let me vnderstand that the Inhabitants are willing to withdraw themselues for their spirituall exercise to priuacy contented onely with the vse of the ruinous Abbey
dayes to determine the generall causes of the Empire The fourth Court is the Burgraues right by which debts by specialty are recouered The Kingdome of Bohemia hath a prouinciall Law deriued from the Law of Saxony and for that cause there be few Students of the Ciuill Law but because the Emperour hath instituted three Chaunecries one for the Law of Saxony which Prouince lies vpon the North side of the Kingdome the second for the Law of Bohemia the third for the Ciuill Law in respect of the Emperours subiects of Austria lying on the South side o. Bohemia for this cause there be many Doctors of Ciuill Law and they also much esteemed in the Emperours Court. If a Bohemian haue a cause in any Court of the Germans he is tried by the Ciuill Law or by the Law of Saxony and if a German answer in the Court of the Bohemians he is tried by the prouinciall Law of Bohemia and the Defendant drawes the cause to his owne Court Morauia a Prouince incorporated to Bohemia vseth the Language and Law of that Kingdome In the old City of Prage howsoeuer almost all speake Dutch yet the Law is giuen in the Bohemian tongue by a statute lately made Silesia a Prouince incorporated to Bohemia hath the manners and language of Germany and Iustice is there administred by the Law of Bohemia deriued from the Law of Saxony but for the greater part by the Ciuill Law Generally in Germany if a cause be receiued into any Court and the defendant escape to another City the Magistrate of the place must send him backe to answer the Plaintife his accuser The causes of the Empire as I formerly said are handled in the Imperiall Chamber at Spire And therefore it will not be amisse to relate some Statutes made in the Imperial meetings which are collected into a Booke vulgarly called Reichs abscheidt that is the Epitome or abstract of the Kingdome but I will onely set downe breefly some of the cheefe statutes It was decreed in the yeere 1556 that no subiects of the Electors nor any Inhabitants or Earles of their Prouinces should appeale from them to this Court of the Imperiall Chamber The Emperour Fredericke the third in the yeere 1442 made these statutes That no Prince should by armes right himselfe against another before Iustice haue beene denied to him in this Imperiall Court. That the Iudge of the Chamber should be a Prince or Barron and of sixteene Assessors halfe should be Ciuill Lawyers and halfe of the Knightly Order That the greater part should carry the cause and the voices being equall the Iudges voyce should cast it That the Iudge should not be absent without leaue of the Assessors nor they without his leaue and that without some great cause more then foure of them should not be absent at one time That in absence they should haue no voyce That the cheef Iudge being sicke shall substitute a Prince in his place who shall first take his oath The Procters and Aduocates shall take no more of their Clients then the Iudges shal appoint and shall sweare to auoide slander and malice The Notaries shall execute the iudgements in the name of the Emperour Appeales shall be of no force except they be made in order to the next superiour Court and so ascending All that belong to this Chamber shall be free from all payments but not one of them shall either keepe an Inne or trade as a Merchant The Iudge shall deliuer ouer to the Senate of the City those that are guilty of death By the same decree all fees for writing and processes are set downe so as the Clyent swearing pouerty shall goe free so as hee sweare to pay the fees when he shall be able Further it was decreed that the seate of this Chamber or Court should not be changed but by the consent of the Imperial diot or Parliament That the Defendants hiding themselues the Princes or Citizens to whom they are subiect shall sweare vpon a set day that they are not priuy to any of their actions or else shall satisfie all damages That the Procters shall speake nothing but to the purpose and for ieasts or impertinent things in word or writing shal be punished by a mulct in money and by being put to silence in that cause By the Emperour Charles the fifth in the Diot at Augsburg the yeere 1518 two new Assessors were added and it was decreed that Charles as Emperour should appoint the cheefe Iudge two Assessors of the Law and two Gentlemen Assessors and as heire to his patrimony should appoint two learned Assessors That three Gentlemen Assessors should be named by the three secular electors three learned by the three spiritual Electors and three Gentlemen with three learned by the common consent of the six Communities For the Empire was deuided into sixe Communities vulgarly called Kreysen for the collection of tributes aad like duties as other Kingdomes are deuided into Counties and since that time in the yeere 1522 for the same purposes the Empire was deuided into ten Communities Further it was decreed that twenty two persons should with like equality be named yeerely to visit this Chamber or Court. That no appeale should be admitted into this Court vnder the value of fiftie Guldens and that the executions of iudgements should be done by the next Magistrates and they not willing or not daring to doe it should be referred to the Emperour At a Parliament in the yeere 1522 it was decreed That no stranger should be appointed cheefe Iudge That for absence the pensions should be abated after the rate of the time and be distributed among the present That the Iudges should sweare to take no guifts not to prolong causes and to doe right without respect of persons and that the Procters should take no fees but such as are set downe by statutes At the Parliament in the yeere 1555 it was decreed that no Assessors should be of any other Religion then of the Roman or the Confession of the Protestants made at Augsburg That one Assessor should not interrupt the speech of another nor should rise to conferre one with the other and that all speeches of anger should be punished and all be sworne to keep secret the Acts of the Councell That Aduocates should not be more then foure and twenty in number That any man should be admitted to speake for himselfe first swearing to auoide slander That this Chamber or Court should be yeerely visited vpon the first of May by the Archbishop of Mentz as substitute to the Emperour by three other each chosen by one of the Electors by two Princes one temporall the other spirituall and by one Counsellor chosen by each order namely one by the Earles and one by each free City to whom the complaints should be presented vpon the first of March That no man should forbid his subiects to appeale to this Court except they should willingly renounce the appeale but that all froward
the clocke in the morning Iohn George borne 1585 the fifth of March at ten of the clock in the night Augustus borne the seuenth of September 1589. These three were Pupils vnder William Frederike D. of Wyneberg whereof the elder was to be Elector the other two Dukes of Saxony Elizabeth married to Casimire Administrator of the Electorship of the Palatinate Dorothy married to the Duke of Brunswick and Anne to Iohn Casimire Duke of Coburg This is the seuenteenth Duke of Saxonie and the first Elector of Saxonie in his Family Witikynd the third of whom are the Capeti Kings of France The Princes borne of these three Families are Dukes of vpper Saxony for there bee also poore Dukes of lower Saxonie as one residing at Angria While I liued at Leipzig Christian the Elector of Saxonie died 1591 whose Vncle by the Fathers side Mauritius was the first Elector of that Family For the Emperour Charles the fifth making warre against Iohn Frederike then Duke and Elector of Saxonie and against the Langraue of Hessen as Rebels to the Empire but indeede with purpose to suppresse these chiefe defenders of the Reformed Religion and to bring the free Empire of Germany vnder the Spanish yoke he cunningly warned Mauritius as next heire to sease the lands of Iohn Frederike or otherwise they should fall to him that tooke possession of them Whereupon Mauritius though he professed the Reformed Religion which now had great need of his helpe yet inuaded his kinsmans lands vnder a faire pretext that he tooke them least the Emperour should alienate them to strangers professing that he would restore them to his kinseman when he should be reconciled to the Emperour But such is the power of ambition as in the end he did nothing lesse but further receiued the title of Elector taken from Iohn Frederike and his children and conferred vpon him and his heires males by the Emperour The report was that Luther seeing Mauritius brought vp in the Court of the Elector Iohn Frederike foretold the Elector that he should one day confesse hee had nourished a Serpent in his bosome True it is that Mauritius shortly after restored the cause of Religion in like sort deceiuing the Emperours hope by making a league with the King of France But euer since the posteritie of Mauritius hath been iealous of the heires to Iohn Frederike and hath gladly taken all occasions to suppresse them Whereupon Augustus succeeding his brother Mauritius was easily induced by vertue of his Office as Arch-Marshall of the Empire to prosecute with fire and sword Iohn Frederike the eldest sonne of the said Iohn Frederike whom the Empire had proscribed At which time he besieged him in Gotha a strong Fort which he tooke and razed to the ground coining Dollers in memory of that Victory with this inscription Gotha taken and the proscribed enemies of the Empire therein besieged either taken or put to flight in the yeere 1567 Augustus Elector of Saxony coined these And it is not vnlikely that Christian sonne to Augustus especially for feare of this Family fortified Dresden with so great cost and art howsoeuer the common people thought it rather done because he affected to be chosen Emperour at the next vacation Of this Family thus prosecuted and deposed from the Electorship are the two Dukes of Saxony the one of Coburg the other of Wineberg so called of the Cities wherin they dwell And the Duke of Coburg hauing been proscribed by the Empire and neuer restored the Duke of Wineberg though more remoued Kinsman yet was made Administrator of the Electorship with title of Elector as Tutor to the sonne of Christian his two brethren who were brought vp by him in the Court at Dresden vnder their mother the Widow to Christian being of the house of Brandeburg So as were not the Germans nature honest and peaceable had not the power of the Elector of Brandeburg stood for the Pupils it was then thought that the wronged Family had great meanes of reuenge This example makes me thinke that it is farre more safe to make the next Kinsman on the mothers side Tutor who can haue no profit but rather losse by the death of the Pupill then the next Kinsman by the Fathers side being his heire The Dukes of Coburg and of Wineberg are Dukes of Saxony by right of blood and of possessions therein but the Family of the Elector hath nothing either in vpper or lower Saxony but onely Wittenberg belonging to the Electorship which was conferred vpon them by the Emperour Charles the fifth The Elector holds his Court at Dresden in the Prouince of Misen Touching Christian the Elector hee was reputed to be much giuen to hunting to be prone to anger not to be sollicited by petition but at some fit times to affect solitarinesse and little to be seene of the people hardly to admit strangers to his presence at any time much lesse when he sat at the table to eate contrary to the vse of the Princes of the house of Austria to haue skill in the Art of Gold-Smithes and to spare no charge in keeping braue Horses And no doubt hee was so carried away with this last delight as he would take in gift from his very enemies any beautifull thing belonging to the Stable And while I was at Wittenberg a Scholer hauing spoken some words that he loued Horses better then Scholers was sent to Dresden and there whipped about the streetes Beyond measure he was giuen to large drinking in plaine termes to drunkennesse and that of the most strong Wines so as this intemperance was thought the cause of his vntimely death And for these drinking games he had certaine faire chambers ouer his Stable something distant from his lodgings of his Court which were appropriated to festiuall solaces As soone as he was made Elector he presently ordained the new Iudges for the Saxon Law vulgarly called Schoppenstuel and the Consistories In the yeere 1586 hee had a meeting at Lubeck with the King of Denmarke and the Elector of Brandeburg In the yeere 1589 at Naumberg he renewed the hereditarie league betweene his Familie and the neighbour Princes namely the Elector of Brandeburg his eldest sonne 〈◊〉 Frederike then called Administrator of Hall the three brothers a William Lodwike and George Langraues of Hessen Frederike William Duke of Saxony for one man hath often times two names in Baptisme Iohn Duke of Saxony for the title is common to younger brothers and houses of one Family with the elder Iohn Casimire Tutor to his Nephew the Elector Palatine Iohn Ernest Duke of Saxony Christian Prince of Anhalt Wolfang and Phillip Dukes of Grubenhagen And to knit his friends loue more firmely to him I haue said that he did institute an Order of Knighthood called the Golden Fellowship He had for his Counsell his Officers of Court and some Doctors of the Ciuill Law and among them Crellius Docter of the Ciuill Law and the Master of his Game or hunting whose name I
required by the Ciuill Law Out of this great Counsell the new Senate is yeerely chosen and when the time of Election is at hand this great Counsel names a Consull and a Scabine of the Gentlemen called ancient or out of the cheefe of the next Order and in like sort the old Senate of the yeere past names three of the ancient Gentlemen These fiue are called the Electors of the new Senate and as soone as they are chosen all Magistracy ceaseth Then these Electors being sworne are shut vp into a Chamber whence they come not forth till they haue chosen twenty six Consuls and Scabines of each thirteen Then they chuse the rest of the new Senate and assoone as they are chosen they name among themselues those that are called ancient which are commonly the same men except some bee put in the place of them that are dead for it is a disgrace to be put from that dignity This Election is made in one day and the Senate consists of forty persons whereof thirty foure are Patricians or Gentlemen and so the gouernement is especially in the hands of the Gentlemen as a thing whereof they hold the common people to be vncapable Of these Gentlemen are 〈◊〉 the seuen Men and the Senate of the ancient as also the Captaines and Treasurers To be a Doctor of the Ciuill Law makes a Gentleman or any other to be vncapable of a Senators place But when in dificult cases they neede the aduise of Doctors they send two Senators to consult with them who relate their iudgment to the Senate For this cause and because all iudgments are according to equity not after the strict Law there be fowe Doctors in that Citty neither haue they many Aduocates the Senate giuing stipend onlyto foure who plead all causes Yet the Citty intertaines some Doctors to aduise them at I formerly said to assist them in iudgment exhibiting the cause in writing as also to be Ambassadors To the said 34 Gentlemen 8 Plebeans are added which make the said Senate and these Plebeans haue free voyces but are remoued from secret Counsels and hauing liberty to be absent seldome meete with the Senate except they be called So as the common people haue little or no authoritie and are kept vnder in so much as meetings excepting funerals and like ceremonies and walkings by night are forbidden yet they haue their priuiledges inuiolably kept and liue in great libertie vnder a most equall gouernement Of these Gentlemen gouerning the Citie they haue as I haue heard twenty eight honourable Families or there about And of the said thirty foure Gentlemen of the Senate eight are called the Ancient who like old soldiers are freed from seruice the other twentie sixe diligently attending the publike affaires with capitall and Ciuill iudgements and one of them is chosen to intertaine passengers worthy of Honor by presenting wine to them in name of the Senate and also to call the Senate together to propound the causes vpon which they deliberate to aske their Voyces and to doe many like duties These twenty sixe Gentlemen are diuided into thirteene Consuls and thirteene Scabines and these Scabines iudge capitall causes first examined by the whole Senate as the Consuls iudge Ciuill causes And they so diuide the yeere betweene them as each of them for a moneth is Consull or Scabine Out of them are chosen seuen men who haue the greatest authority and determine all secrets of State and to them the Treasurers make account And howsoeuer two of one Family may be Senators yet two of one Family cannot be of these seuen men Three of these seuen are chosen Captaines who haue the keeping of the Armory and the keyes of the Gates and vpon any tumult all flie to them and yeeld them obedience Two of these Captaines are Treasurers where of the chiefe hath the first place in all Assemblies To these Treasurers one of the Plebeans is added to ouersee the expence of the treasure and two of the best sort of the Plebeans are Clerkes of the Exchequer but onely the two chiefe Treasurers disburse and lay vp all moneys They haue in all publike Counsels two Chauncellors whereof one alwaies attends the Counsell of seuen men and these Chauncellors write the Decrees of Counsell receiue and reade write and send all letters being as Secretaries and they haue sixe Clerkes to write vnder them All the Senators haue their seuerall stipends out of the common Treasure Each of the seuen men hath yeerely fiue hundred Guldens besides gainefull Offices as the keeping of the Seales and each Treasurer hath eight hundred Guldens and each Chauncellor two hundred Guldens yeerely In Iudgements they doe not much vse the pleadings of Proctors or Aduocates but vse to iudge summarily vpon oath or to appoint Arbiters to compound controuersies But among the Courts of Iudgements one is of fiue men from whom there is no appeale yet they referre the greatest causes to the Senate The second Court is of eight men and hath two Tribunals where the causes of citizens are determined which exceede not the value of thirtie two Crownes and these two Tribunals in greater causes are vnited and haue three or foure Doctors appointed by the Senate to aduise them for onely the Scabines iudge and from these Tribunals appeale is granted to the Senate if the cause exceede the value of fiue hundred Crownes These chuse a Iudge to see their Decrees put in execution and to see capitall offenders executed They appoint a Iudge for the Villages and territories subiect to the City for whose assistance the Senate chuseth some out of the great Counsell These weekely giue the Law to the Villages and Country people and by the exercise of this Office the Iudges are inabled for the Office of Scabines Also they chuse a Iudge to haue care of the Faires and Markets who sets the price of Bread Flesh and all things there sold and he hath foure Senators to assist him in weekely inquiring after the workes of Artificers that they sell no vnperfect workes nor vse any fraude Of the Senators three are chosen supreme Tutors for pupils and widowes who diuide inheritances see that all Testaments be performed and appoint new Tutors in case the old bee dead suspected or absent These supreme Tutors prouide that the moneis of pupils be put forth to vse and that the profit returnes to the pupills They receiue the accompts of the Tutors and prouide that the Pupils be religiously and honestly brought vp One Senator is set ouer each Church Monastery and Almes house to see the reuenues well administred and to promote the causes thereunto belonging Fiue Gouernors are set ouer the Territory without the walls among which the Chancelor hath yearly one hundreth Crownes each of the rest twenty fiue Crownes for stipend In time of warre they chuse seuen Senators who take vpon them the care to prouide all necessaries for the same I vnderstoode there that not long before they
must haue full knowledge of the Lawes Customes Priuiledges and all secrets of the Common-wealth Zurech hath two publike Courts of Iudgement or Iustice one of eight Iudges chosen out of the lesser Counsell or Senate who determine Ciuill causes Debts and the like and from them there is no appeale but themselues referre the most difficult matters to the Senate The other determines the causes of the Reuenue Basil hath two Courts of Iustice in the great Towne and a third in the lesser Towne The greater Court consists of ten Iudges who are partly taken out of the Senate partly out of the people and they determine Ciuill and Criminall causes but the Burgomaster or Maior is President for Ciuill causes and the Aduocate of the Empire for Criminall and three men called the Capitall Triumuiri of Senators degree pleade and proue inditements against malefactors But at Zurech and Schafhusen the new Senate iudgeth capitall causes yet the Consull or Burgomaster is not then President as at other times but the Aduocate of the Empire whom the Senate by speciall priuiledge chuseth yeerely out of their owne body And at Basil capitall Iudgements are giuen in a publike place but at Zurech in a close priuate Court with the doores shut and at Schafhusen the accusation and defence are made in open Court but all are excluded when the Senate giues iudgement The lesser Court of the great Towne at Basil doth onely determine small controuersies not exceeding the value of ten pounds The Court of Iustice in the lesser Towne of Basill hath his owne Burgomaster or Consull and determines all causes except criminall At Schafbusen the Cities Court of Iustice determines of debts contracts and the like but if the summe of the controuersie exceed the value of one hundred gold Guldens the Senate iudgoeth it And this Cities Court hath twenty Assessors namely one of each Tribe and eight other chosen by the Senate It hath another Court of Iustice for the Mulcts or Fines consisting of twelue men and the Aduocate of the Empire is President thereof and this Court imposeth Fines and iudgeth the criminall causes of lesse weight as small iniuries and vulgar reproches for the Senate determines of the greater Touching the Magistrates and Officers of these Cities the Consuls called Burgomasters are of chiefe dignity then the Tribunes then diuers Treasurers and Officers about the Reuenues and Tributes The next degree is of those Officers who haue the care of publike buildings and workes then those who haue the care of victuals as those who looke to the weight and goodnesse of bread and those who ouersee the shambles that no vnsound meate be sold and that all things be sold at a moderate price which they set downe and appoint how flesh shall be sold by the pound In like sort the ouerseers of the fish market and salted meates and butter and cheese Likewise the Officers who protect Orphanes and widowes who dispence publike aimes gouerning those houses and who ouersee weights and measures and the publike Schooles Some of the prefectures or gouernements belonging to the Cities are gouerned by the Senate of the City so as the Gouernours remaine Senators in the City and onely at-set daies goe to the Villages for administration of Iustice but the Senate onely iudgeth of capitall causes but to those Gouernements which be larger and farther distant they send Gouernours who iudge not onely ciuill but most capitall causes In priuiledges customes and peculiar Courts of Iudgement where the prefectures haue power to chuse Iudges among themselues the Gouernours alter nothing therein but onely sit as Presidents in their iudgements these their rights alwaies preserued Thus among other the City of Zurech hath two pleasant saire Townes subiect to it which are ruled by the Lawes of Zurech but haue their owne Magistrates and serue Zurech in warre but vnder their owne colours And this shall suffice touching the Common-wealths generall and particular of the Cantons Among the fellowes in league are the Abbot and Towne of Saint Gallus The Abbot is numbered among the Princes of the Empire but his power is much diminished in these daies yet he sets Gouernours ouer many places and his Ammans doe Iustice in his name Also he hath instituted an high Court of Iustice to which appeales are made from the lesser Courts and besides he hath Officers of all kinds after the manner of Princes The Towne as likewise that of Mulhuse and Roteuil is numbered among the Cities of the Empire and it as the other two hath the forme of a Common wealth formerly described sauing that this Towne of Saint Gallus hath some peculiar things It hath sixe Tribes whereof one is of Gentlemen It hath two Senates the greater and the lesser in which lesser Senate are foure and twenty Senators namely three Consuls nine Senators and twelue Masters of the Tribes for each Tribe hath three Masters chosen by the Tribes and confirmed by the lesser Counsell or Senate and one of them yeerely by course gouernes each Tribe being sixe in number the other two are of the Senate and make twelue And twice euery yeere is the choice made of the Senate and Magistrates The first of the three Consuls exerciseth that Office for the present yeere the second did exercise it the yeere besore and the third is Iudge of capitall crimes And the Consull is yeerely chosen by the whole assembly of the people The greater Senate consists of sixty sixe men This Towne hath also an inferiour Consull or as I may say a Deputy Consull The lesser Senate iudgeth ciuill causes The greater meeteth fiue times in the yeere and iudgeth of appeales and of taking new inhabitants and the like and extraordinarily it is called oftner as for iudging capital causes at which time the Aduocate of the Empire whō I said to be the third consul is President of the counsel The whole people is called together thrice in the yeere first when the Consuls are chosen 2. when oath is giuen to the newe Consul thirdly when the Ordination of Tributes is read before the people the Lawes deuided into three Parts are read before the pepole at these three meetings The first Court of Iustice is of fiue men which iudgeth of debts of wages or hires of victuals of iniuries and fines without appeale The court of Iustice for the City is of twelue men changed twice each yeere from it apeale is admitted to the lesser Senate so the cause be aboue the value of fiue pounds but if he that appeales lose the cause he paies a fine to the Iudges The common people of the towne and country liues by making woollen cloth whereupon strict Lawes are made for the same that the web vndressed be viewed by three skillfull men and be marked according to the goodnes and if it be faulty be rent in the middest through the breadth or be burnt where any great fault is found and that publikely besides a fine imposed vpon
Colledge Cluniacense the Pallace of the Baths which they say was built by Iulius Caesar and is so called either of the bounds of the Tributes or of the Baths of Iulian the Apostata the waters whereof are drawne from a Village adioining and the Colledge of eighteene and vpon the left hand the Colledge of Hericuria the Colledge of Iustice the Colledge of the Treasurers the Colledge Baionium the Colledge Scensa and the Colledge Turonense The fifth Gate on the West side is called O Saint Germain and without the gate is a suburbe all suburbes are vulgarly called Faulxbourg which is large and was pulled downe to the ground in the ciuill war And there King Henry the fourth lay encamped when he besieged the City In this suburbe is the monastery of Saint Germain not inferiour to any in wealth and indowed with great priuiledges and iurisdiction where the old Kings Childebert the second and Ckilperit the fourth and Clotharius the second lie buried and there is a chest of siluer the gift of King Eudo. On the right hand as you come into this Gate in the Minorites Cloyster are the sepulchers of the Queenes and Princes whereof one being of blacke marble with white statuaes is the fairest my memory herein may faile me that there is another Cloyster of Minorites without the gate of Saint Marcellus Also there lie the Colledge Brissiacum and vpon the left hand the house Rothomagensis the Colledge of Burgondy the house of Rhemes the Colledge Mignonium the Colledge Praemonstratense and the Colledge Dinuellium The sixth Gate is called P Bussia and vpon the right hand as you come in lies the Colledge Anthunense and vpon the left hand lies the house Niuernensis The seuenth and last Gate of the Vniuersity lies towards the northwest is called Q Nella and without the same is the meadow of the Clerkes On the right hand as you come in this gate lie the house Nella the Colledge of Saint Denis and the house of the Augustines wherein is the sepulcher and liuely Image of Phillip Comineus And vpon the left hand lie the lower Tower Nella and the Westerne bank of the Riuer Seyne These are the fairest streetes of the Vniuersity the first of Saint Victoire the second of Saint Marcellus the third of Saint Iames the fourth of Saint Germain the fifth of the Celestines vpon the banke of the Riuer the sixth of the mountaine of Saint Genouefa the seuenth of Saint Michaell and the eight of the Augustines vpon the banke of the riuer Seyne The third part of the City is the Iland compassed round about with the Riuer Seyn It had of old foure Gates vpon the foure bridges but seemes to haue had no gate vpon the fifth bridge called Pont aux musniers which in this discription I reckon to be the third gate In the vpper part of the Iland towards the South-east is a fenny market place called the Marsh that is the Fen. Neer that lies R the Cathedrall Church of the blessed Virgin which King Phillip Augustus began to build in the yeere 1257 the foundations being before laid by an vncertaine founder and it is reputed the chiefe among the miracles of France It is supported with one hundred and twenty pillars whereof one hundred and eight are lesse and twelue very great being all of free stone The Chauncell is in the middest of the Church which hath 〈◊〉 walking paces in length and sixty paces in bredth and all the Chauncell is compassed with stone wherein the Histories of the old and new testament are engrauen It hath forty fiue Chappels in the circuit thereof which are shut vp with grates of Iron In the Front it hath two double doores with faire statuaes of twenty eight Kings Vpon the sides are foure Towers or belfreyes thirtie foure Cubits high The greatest bell called Marie requires twentie foure men to ring it and the sound thereof in faire weather may bee heard seuen leagues of In a Chappell towards the South are the statuaes of King Lewis the fat and of his son Phillip with the Image of a hog because he died with a fal from his horse stumbling vpon a hog On the North side is a mark that the ouerflowing of the Riuer Seyne passed the outward statuaes from that of Phillip Augustus King Phillip of Valois hauing gotten a victory against the Flemings in the yeere 1328 offered his Horse and armour to the blessed Virgin and gaue the Chanons an hundred pounds yeerely rent to whom for that cause a Horse-mans statua is there erected Also there is a Giantlike statua erected to Saint Christofer in the yeere 1413 by Antony Dessars Knight In the lower part of the Iland towards the North-West the Church of S Saint Bartholmew is seated which was built by King Phillip the faire and after was turned from the Kings Chappell to a Monastery by King Lotharius in the yeere 973 and then became a parish Church whereof the King in respect of the old Pallace was the chiefe Parishioner and I thinke is so still It became most famous in that the bell of that Church was sounded vpon the verie day of Saint Bartholmew in the yeere 1572 to giue a signe to the Regalists and Guisians that they should kill those of the reformed Religion whom they had drawne to the Citie vnder pretence of loue and could not otherwise haue ouercome as they found by experience of their valour Neere that lyes the Kings greater T Pallace wherein the old Kings kept their Court but it hath since been vsed for the Courts of iustice and pleading of Lawyers In the great Hall hanges vp a dried Crocodil or a Serpent like a Crocodil There bee the painted Images of all the French Kings from Pharamund There is a statua of a Hart with the head and necke of Gold set there in memory of the Treasurers who in the time of King Charles the sixth turned the money in the Exchequer into that forme lest it should be wasted Here was painted vpon the wall neere the Tower vpon the top of the staires of the great Hall the Image of Engueranus Morignon Earle of Longauille and ouerseer of the building of this Pallace vnder King Phillip the faire with this inscription Chascun ' soit content de ses biens Qui n'a suffisance iln ' a riens Be thou content with the goods thee befall Who hath not enough hath nothing at all This was spoken like a Philosopher but the same man vnder Lewis Hatinus was hanged for deceiuing the King and this his Image was broken and kicked downe the staires In the Hall of the Pallace is a Marble Table at which Kings and Emperours were wont to bee feasted The Chamber of the Pallace where verball appeales are decided is called The golden Chamber and it is adorned with stately and faire arched roofes carued and pictures and there the Image of a Lyon with the Head deiected and the Tayle drawne in remembers the Pleaders of their dutie Lewis the
in that it was made cōtrary to her Maiesties aduised resolution agreed vpon by her Counsel and approued by her martial men as the only means to reduce Ireland and contrary to the Earles own proiect yea that without the aduice of the Counsel of Ireland also as appeared by a letter of theirs vnder their hands though now the Earle pretended their aduice for his owne xcuse wherupon followed the harro wing out and the weakning of the royallest Army that euer went out of England the wasting of that huge expence and the ouerthrow of the whole action The third point viz. the making of Knights was urged to haue beene contrary to her Maiesties expresse commandement a question being once made whether he should haue that authoritie or no because he had abused it before yet the same being at the last granted with this limitation giuen him in charge that he should make but few and those men of good ability whereas he made to the number of threescore and those some of his meniall seruants yea that in a most vnseasonable time when things were at the worst which should haue been done vpon victorie and triumph onely The fourth point namely his conference with the Rebell was agrauated in that it was an equall and secret conference dishonourable to her Maiestie for him that sustained her royall person to conferre in equall sort with the basest and vilest traytor that euer liued a bush Kerne and base sonne of a Black-smith suspicious also in that it was priuate and secret no man suffered to approch but especially no English man the end of the conference most shamefull that the wretched traytor should prescribe conditions to his Soueraigne abominable and odious conditions a publike tolleration of Idolatrous religion pardon for himselfe and all the traytors in Ireland and full restitution of lands and possessions to all the sort of them It was added that before this parley a messenger went secretly from the Earles Campe to the traytor viz. Captaine Thomas Leigh if not sent by the Earle at least by his conniuency at least by the conniuencie of the Marshall whom the Earle did not punish Lastly the fifth point was vrged to be intollerably presumptuous contrary to her Maiesties expresse commandement in writing vnder the seale of her priuy signet charging him vpō his dutie not to return vntil he heard further from her that this his returne was also exceeding dangerous in that he left the Army diuided vnto two diuers men the Earle of Ormond and the Lord Chauncellor men whom himselfe had excepted against as vnfit for such a trust and that he so left this Army as that if God his prouidence had not been the greater the ruine and losse of the whole Kingdome had ensued thereupon This was the summe of the accusation euery part interlaced with most sharpe and bitter rhetoricall amplifications which I touch not nor am fit to write but the conclusion was whereby a taste of the same may be had that the ingresse was proud and ambitious the progresse disobedient and contemptuous the regresse notorious and dangerous Among other things the Lady Rich her letter to the Queene was pressed with very bitter and hard termes my Lady Rich her letter he termed an insolent saucy malipert action He proposed also in the end a president for the Earles punishment saying he was faine to seeke farre for one gentle enough one William of Britten Earle of Richmond who refusing to come home out of France vpon the Kings letter was adiudged to loose all his goods lands and chattels and to indure perpetuall imprisonment Master Attorney particularly said the following words whereas the Earle in his letter exclameth O tempora O Mores for so I thinke he construed these words of his O hard destiny of mine that I cannot serue the Queene and please her too let me also say with the Orator concerning him Hae Regima intelligit hae Senatus videt hic tamen viuit In the end of his speech Now faith he nothing remaineth but that wee inquire quo animo all this was done Before my Lord went into Ireland he vaunted and boasted that hee would sight with none but the Traytor himselfe he would pull him by the cares out of his den hee would make the Earle tremble vnder him c. But when he came thither then no such matter hee goes another way it appeareth plainely he meant nothing lesse then to fight with Tyrone This was the effect of Master Attorneys part Master Solliciter his speech followed which contained the vnhappy successe which ensued in Ireland after the Earles departure whereby appeared how little good the Earle had done in that the Traitor was growne much more confident more insolent and strongerthen euer he was before as appeared principally by his declaration which he hath giuen out since the Earles departure vaunting that he is the vpholder of the Catholike faith and Religion that whereas it was giuen out by some that hee would follow the Earle of Essex into England hee would perhaps shortly appeare in England little to Englands good many things he added to that purpose After him Sir Francis Bacon concluded the accusation with a very eloquent speech First by way of Preface signifying that he hoped both the Earle himselfe and all that heard him would consider that the particular bond of duty which he then did and euer would acknowledge to owe vnto the Earle was now to be sequestred and laied aside Then did he notably extoll her Maiesties singular grace and mercy whereof he said the Earle was a singular work in that vpon his humble sute shee was content not to prosecute him in her Court of Iustice the Starre-chamber but according to his owne earnest desire to remoue that cup from him those he said were the Earles own words in his Letter and now to suffer his cause to be heard Inter priuatos partetes by way of mercy and fauour onely where no manner of disloyalty was laide to his charge for quoth he if that had beene the question this had not beene the place Afterwards passing along most eloquently through the Earles iourney into Ireland hee came to charge him with two points not spoken of before The first was a Letter written by the Earle vnto my Lord Keeper very boldly and presumptuously in derogation to her Maiesty which letter he also said was published by the Earles own friends The points of the letter which he stood vpon were these No tempest to the passionate indignation of a Prince as if her Maiesty were deuoid of reason carried away with passion the onely thing that ioineth man and beast together Her Maiesties heart is obdurate he would not say that the Earle meant to compare her absolutely to Pharaoh but in this particular onely which must needs be very odious Cannot Princes erre Cannot Subiects suffer wrong as if her Maiesty had lost her vertues of iudgement Iustice c. Farre be it from me quoth he
serued for a ground and pretext of new inuentions of deceipt for that by the cunning craft of some Merchants the scope giuen by Our Proclamation to the said Exchange is so abused as that some Merchant who hath brought commodities into that Kingdome from hence hath not beene content to sell the same for reasonable gaine but hauing raised his price of the same commodity to so much in the new monies as doe in their true value of siluer almost counteruaile the sterling he paid for it here viz. That which cost him ten shillings sterling to thirty shillings Irish after that rate that which cost him 100 pound to 300 pound he hath returned to Our Exchange the same 300 pound which being answered him here in sterling yeeldeth him profit of three for one which is so great a gaine as no aduenture of any Merchants into the further most parts of trafficke doth yeeld and to Vs such a burthen as if the same should be permitted were nothing else in effect but to make Our Exchequer a Mart for the cunning of Merchants to worke vpon Besides many of them haue of purpose to make profit by the said Exchange bought vp old bils of debts from diuers persons to whom payment hath vpon iust consideration beene deferred and compounding for the same for small summes of money of the new Standard returned the whole vpon Vs by exchange whereby they haue made an exceeding profit conrrary to the true meaning of Our Proclamation intended for the vse and benefit of such as exercised an honest and direct course of Merchandize By which fraudes there is euer a great quanrity of monies of the new Standard returned vpon Vs for sterling Monies in this Realme but neither is there any proportionable quantity of sterling Monies brought in here into the Exchange nor deliuered into the Banckes to be conuerted into new Monies there And consequently there doth grow vpon Vs an intollerable burthen in continuall payments of sterling Monies and yet the two mischiefes which were the chiefe cause of alteration of Our Standard not remedied that is the preseruing of the sterling Monies from the Rebels and from transportation into forraigne Countries For little of it being brought in by Merchants of this Countrey and the same being not currant to be vsed here amongst Our good Subiects We find it partly transported and partly falling into the hands of the Rebels wherewith they haue beene the better enabled to continue in their wicked courses Wherefore for redresse of so great abuses daily practised by Merchants We doe hereby publish that Our meaning is that from the day of the publishing hereof the places of exchanging of monies shall be onely at Dublyn for this Our Realme of Ireland and at London for Our Realme of England for all such as vse the trade of Merchandize but for others that are in Our pay and haue wages of Vs as being of Our Army or otherwise there shall be a Bancke maintained at Corke as heretofore it was to receiue their bils but the bils receiued there shall be paiable onely at London and fot the vse of passengers and souldiers departing out of Our Realme into England there shall be likewise exchanges at Bristoll and Chester So as no such souldier or passenger doe bring thither any bill containing aboue the sum offoure pound But for Merchants there shall not be at the said places of Chester and Bristoll any payment of bils returned but onely at Our City of London in such manner as is hereafter expressed And further Our pleasure and meaning is that the said Exchange shall extend onely to such as now are or hereafter from time to time shall be in Our pay here seruing Vs in the field or in wards or garrisons and to all Officers of gouernement of Iustice of Our reuenewes or of the Exchange and to such others as are contained in Our establishment To all and euery of whom We are pleased to allow the benefit of exchanging Monies of the new Standard of this Realme into Monies currant in England wanting onely twelue pence sterling in the pound viz. yeerely to each of them rateably in his degree for so much as he doth saue aboue his expence of that which hee doth receiue yeerely of Vs or ought to receiue cleerely for his pay all deductions and defalcations being foreprized and so as there be no fraud vsed by any of them in abusing this Our liberality and fauonr conttary to Our true meaning And for others vsing trade of Merchandize although they deserue no fauour in regard of the frauds wherewith many of them haue abused Our gracious meaning in the institution of Our exchange intended and in regard of the excessiue raising of the prices of all wares whereby both Our Subiects are extreamely burthened here and We intollerably charged in the exchange in England yet in regard of the present pouerty of this Our Realme whereby We conceiue that there wanteth as yet for a time sufficient commodities of the growth or manufaction of this Kingdome wherewith to maintaine trafficke Wee are pleased to maintaine for their vse an exchange in this manner That euery such person not being of those that belong to Our Establishment but a Merchant who shall deliuer to the Master of the Exchange or his Deputies in this Realme one hundred pounds whereof forty pound shall be of the Standard of sterling mony of siluer or of gold and threescore pound in mixt Monies of the new Standard of this Realme shall receiue of the said Master of the Exchange or his Deputies a Bill directed to the Bancke of exchange in England where the same is playable whereby hee shall receiue for each hundred pound deliuered here in that manner one hundred pounds in Monies currant of England wanting onely twelue pence in the pound for each pound of the mixt Monies deliuered and for the starling no defalcation to bee made as heretofore hath been ordained And after that rate for more or lesse in quantitie And to the end that the fraudes vsed by some Merchants may be better preuented and the Master of the exchange or his Deputies vnderstand that he dealeth truly in bringing his monies to the exchange Our pleasure is that euery such Merchant resorting to the exchange shall bring a certificate from the Officers of Our Custome-house where his goods were entred what goods he hath entered there and at what time to the end that it may thereby be discerned that he seeketh nothing but the returne of his owne money and is not a cullourer of other mens And sor that diuers Noble men and Gentlemen of this Realme haue cause many times to repaire into England either for suites or other necessarie causes and some haue children there either at the Vniuersities or at the Innes of Court or Chancerie or in Our seruice at Court who shall haue cause for those purposes to vse sterling monie and to haue the moneys of this Realme conuerted into moneys currant in
laid aside all care of forraigne matters Then the riches of the Emperours daily decreasing and the riches of inferiour Princes no lesse increasing the Emperours in processe of time for great summes of money sold libertie and absolute power to the Princes and Dukes of Italy and Germany yea their very right of inuesting to the Princes of Italy Most of the Cities in Netherland and all the Cantons of the Sweitzers were of old subiect to the German Emperours till by the dissentions betweene them and the Popes they found meanes to gaine their liberties Of old nintie sixe greater Cities thus made free still acknowledged the Emperour in some sort but after many of them leagued with the Sweitzers and Netherlanders quite forsooke the Emperour many of the rest and many lesse Cities either pawned to Princes for money borrowed or giuen to Princes for their good seruice to the Emperors in their warres became subiect to diuers Princes by the Emperours consent so as at this day there bee onely sixty Cities all seated in Germany which are called Free and Imperiall Cities hauing absolute power within themselues and howsoeuer these in a sort acknowledge the Emperour their chiefe Lord yet they little or not at al feare or respect his weake power Hitherto the Roman Bishops not enduring a superiour Lord first cast the Emperours of the East out of Italy and after by al meanes weakened their power till Mahumet the second Emperour of the Turkes about the yeere 1453 swallowed that Empire within his foule iawes Hitherto the said Bishops that they might reigne alone sometimes bewitched the barbarous Kings which had destroyed the Empire of the West and then reigned in Italy for Religions sake to promote the Church of Rome and at other times oppressed them with open treacheries till they had conferred the Kingdome of Lombardy and the Empire of the West vpon Charles the Great King of France Hitherto the same Bishops for the same causes had troubled the Empire of the West with Ciuill dissentions till at last Italy as I said hauing bought liberty of the Emperours and the said German Emperours containing themselues at home for no Emperour after the said Rodulphus of Habsburg but onely Lodwick the Bauarian did euer leade any Army into Italy they now thought good to rage no more against this deiected Empire but rather to cherrish it conuerting themselues wholly to bring all Christian Kings vnder their yoke And now the Turkish Emperours began to threaten ruine to the German Empire and in very Germany the Popes stage where they had plaied their bloudy parts by continuall raising of ciuill warres the reformation of Religion began freshly to spring and to pull the borrowed plumes of the Popes Therefore the Emperours from that time to this our age haue been wholy busied in resisting the Turkes and composing the domesticall differences of Religion And from the same time forward the Court of Rome was continually distracted with the factions of France and Spaine till the Popes skilfull to vse the ambitious discussions of Princes to their owne profit and greatnesse made them all subiect to the Romane yoke And the Kings on the contrary laboured nothing more then to haue the Pope on their party at whose beck all Christendome was gouerned to which end they gaue large bribes to the Cardinals who had now assumed to themselues the election of the Popes To conclude the Popes to make their owne power transcendent kept the power of the Princes in equal ballance by sowing dissentions among them and fauouring now one now the other party till for scare of the reformed Religion now also springing in France they could no longer keepe this equality but were forced to forsake the Kings of France distracted with ciuill warres and to aduance the Kings of Spaine as protectors of the Church whose Clients at last got the power to gouerne all things in Rome at their pleasure And the Spaniard at this time distracted abroad with the French and English warres and besieged at home with the power of the Iesuites and religious men seemed lesse to bee feared by the Romans in that respect as likewise the Kings of Spaine doubted not to maintaine the awfull authority of the Popes which they knew must alwayes be fauourable to their designes as well for the protection which they gaue to the Roman Church against the reformed Religion as for that the massy gold of Spaine bore so great sway in the Colleage of the Cardinals that by strange successe the Popes lesse inclined to the Spanish faction were soone taken away by vntimely death To omit many other I will onely mention Pope Sixtus Quintus who liued happily in that Chaire so long as he fauoured Spaine but assoone as he was thought to decline from that faction and when he saw a white Mule presented him for the tribute of the Neapolitane Kingdome was said to weepe that so little a Mule should be giuen for so great a Kingdome he liued not long after but suddenly vanished away At Rome are two Images called Pasquin and Marphorius vpon which libels vse to be fixed And of late when the Pope by the mediation of the King of France had made peace with the Venetians contrary to the liking of the King of Spaine a white sheete of paper was fixed on Pasquin and another demanding what that paper ment was fixed on Marphorius and a third paper was fixed on Pasquin answering that the cleane paper was for the Pope to make his last Will and Testament as if he could not liue long hauing offended the Spanish faction Yet in our age the Kings of France after the ciuill warres appeased beganne to recouer their former power in the Roman Court but I leaue these things as somewhat straying from my purpose and returne to the affaires of Germany In the said Family of Austria the Westerne Empire hath growne old and weake by little and little from that time to this our age For howsoeuer the Emperor Charles the fifth of the said Family heire to eight and twenty Kingdomes in respect hee was borne at Gant in Netherland and so reputed a German was chosen Emperour in the yeere 1519 by the Electors reiecting the King of France Francis the first as a stranger and at that time the power of this Emperour seemed fearefull to the Italians at the first blush yet the Pope of Rome in the Triumuirall warre of England France Spaine did with such art support the weaker part and by contrary motions in one and the same cause so fauoured now one now the other side and so dispenced with the breaking of oathes on the part they tooke as while the power of these Kings was weakned by mutuall warres Italy in the meane time receiued small or no damage True it is that Charles the fifth by subtile art and open force had almost subdued Germany distracted by dissentions of religion had almost brought the free Empire into the forme of a subdued
Prouince till Mauritius Elector of Saxony obtained helpe of the King of France Henry the second who came with a great Army to the confines of the Empire professing himselfe the Champion of the Germane liberty At which time Mauritius besieging Magdeburg with the Emperours army receiued that City into the protection of the Empire and of himselfe and lest he might seeme to deale persidiously with the Emperour if he should assaile him with forces vnder his owne pay dismissed the whole Army yet so as himselfe presently entertained in his owne pay the greatest part thereof willing to serue him And with these forces he so speedily came to Insprucke where the Emperour then lay as his sudden repaire made the Emperour hastily flie out of the Empire into Italy Thus Mauritius caused the captiue Princes of the reformed religion to be set at liberty gaue peace to the reformed religion and restored liberty to the oppressed Empire And how soeuer he cunningly had aduanced himselfe and his posterity by the deiection of his owne kinsemen suffering for the reformed religion and for the liberty of the Empire yet he repaired the publike losses of his Religion and of his Countrey But they who more iudicially obserued the affaires of this age confesse that nothing hath more kept the house of Austria from subduing the West then those of the same House For the foresaid confident proceeding of Mauritius was caused by the distrusts and iealousies betweene Charles the fifth and his brother Ferdinand springing from the following cause namely that Charles the elder brother to the end that he might keepe the Empire in his own Family had caused his brother Ferdinand at Colen in the yeere 1531 to be chosen King of the Romans so they call him that is chosen in the Emperours life to succeed him hoping that when his sonne Philip should come to age his brother for some increase of his patrimony would be induced to surrender his right in the Empire But Ferdinand at this time hauing had large offers made him to resigne the same could not be induced to doe that wrong to his children And because he suspected that Charles the Emperor might force him thereunto he is said to haue gladly borne the aduerse fortune of his said brother and all troubles rising against him yea if men of experience may be beleeued to haue himselfe encouraged Mauritius to the foresaid attempt Therefore Charles failing of his hope and for age and wearinesse of the World retiring himselfe to a priuate life in a Monastery of Spaine in the yeere 1558 his brother Ferdinand tooke possession of the Empire which remaineth to this day in his posterity the Electors alwayes vsing to respect the right of blood in choosing the new Emperour And vnder their poore estate and vnwarlike mindes the Empire at this day languisheth like a sparke lapped in ashes And the Popes held for Gods vpon earth haue no more feared the Emperors authority but rather supported it against the reformed religion and the inuasions of the Turks the Emperors alwayes acknowledging this vnprofitable seruant of their Progenitors for their Benefactor and spirituall Father The Emperour Rodolphus at this time liuing is of the House of Austria whose pedegree I will set downe The first Family of the House of Austria gaue many Emperours to Germany but that was extinguished in Conradine the sonne of Fredericke few yeeres before Rodolphus of Habspurg came to the Empire who is the roote of this second Family of Austria Rodulphus of Habsburg of the House of Austria was chosen Emperour in the yeere 1273. Albert the first Heire of the Dukedomes of Austria Stiria and Carniola after his Father had subdued the Kingdome of Bohemia ioyned it to the Empire was chosen Emperour and dyed in the yeare 1308. Rodulphus Duke of Austria died in the yeare 1308. Fredericke made Duke of Suenia and Morania by the Emperours gift dyed in the yeare 1330. Leopold Duke of Austria Albert the second Count of Tyroll by the Marriage of his Sonne to the Niece of the King of Bohemia died in the yeare 1359. Albert the third Duke of Austria died in the yeare 1395. Albert the fifth Emperour and by marriage of the Daughter of the Emperour Sigismond made King of Hungaria and of Bohemia died in the yeare 1439. Fredericke the third Emperour died in the yeare 1493. Maximilian the first Emperour after the death of Mathias King of Hungary recouered that Kingdome which he had vsurped then retaining to himselfe the right of succession yeelded it to Ladrslaus and marrying the daughter of Charles Duke of Burgundy made that Dukedome and all the Prouinces of Netherland hereditary to the House of Austria He died in the yeare 1519. Philip marrying the Daughter of Ferdinand King of Spaine became Heire to those Kingdomes and died young before his Father in the yeare 1506. Charles the fifth Emperor died in the yeere 1558. By his Wife Isabella daughter to the King of Portugall Philip King of Spaine This is the first Family of the Archdukes of Austria to this day reigning in Spaine Philip King of Spaine borne of Anne of Austria in the yeare 1578. Two sisters Catherin-borne of Isabella of Valoss wife to the Duke of Sanoy and Isabella Clara Eugenia wife to arch-Duke Albert and borne of Anne of Austria By Anne of Austria Iames died of nine yeares of age Ferdinand died a child Charles Dentatus by Marie of Portugall by his Fathers permission put to death by the Inquisition anno 1568. Ferdinand died an Infant Two Sisters Mary wife to the Emperour Maximilian the second and Ione wife to the King of Fortugall By Ione his concubine Don Iuan Victor of the Turks in naual fight dying an 1578. Ione wife to the Duke of Florence Marie wife to the Duke of Parma Foure Daughters Elinora married to Francis the first King of France died ann 1558. Isabel wife to the King of Denmarke died ann 1525. Mary wife to the King of Hungary after gouerning Netherland died ann 1558. Catherine wife to the King of Portingall Ferdinand Emperour after the vnhappy death of Lodonicus King of Hungary in a battell against the Turks in the yeare 1526 by the right of his wife sister and heire to 〈◊〉 the said contract made by Maximilian I Emperor was crowned King of Hungary and also by his said wiues right K. of Bohemia died anno 1564. Maximilian the second Emperor maried to Mary sister to Philip King of Spaine died anno 1576. This is the second Family of the Arch-Dukes of Austria to this day succeeding in the Empire of Germany Ferdinand died a childe in the yeare 1552. Rodulp 2 of that name and the eighth Emperour of this Family chosen King of the Romans 1575 Emperour 1576. succeeding King of Hungarie 1572 King of Bohemia 1575. Hee was at this time Emperor and liued vnmarried 3. Sonne Ernestus gouerned Netherland and died vnmarried 4. Matthew vnmarried 5. Maximilian vnmarried 6. Albert surrendered his
subiects of the Electors shall not bee bound to answere the Law out of their owne Prouince nor may appeale to any Court but their Lords except Iustice bee denied in which case they shall onely appeale to the Chamber of the Empire That the Electors shall meete in some Citie once in the yeare where they shall haue no feasting to the end that the causes may be heard with more expedition That the priuiledges of Cities and Vniuersities in any thing derogating from the right of the Electors shall be reuoked and made voide notwithstanding the Letters Pattents may except all eminency of persons That the resignation of fees except they be personally made shall make the vassals infamous in denouncing enmity to their Lords That conuenticles of Cities made to the preiudice of their Lords shall be punished with losse of fame goods and priuiledges That no Citizens subiects to Princes and incorporating themselues in free Cities shall enioy the priuiledges thereof except they dwell there vnder a great penalty to bee imposed on the City receiuing them with any other condition That the Fees of the Electors or Officers of the Empire shall not be deuided by their heires That they who conspire the death of any Elector shall be guilty of treason and their sonnes depriued of their Inheritance euen from the mothers side shall liue infamous and they shall be noted who make intercession to restore them to grace but that the Daughters lesse daring for the weakenesse of the sexe shall haue part of the inheritance and that no enfranchisement of sonnes or alienation of goods shall frustrate this Law That all accessaries shall be so punished onely he that bewrayes the conspiracy may bee held worthy of pardon Also this penalty shall be of force against those that are dead if the crime be not knowne till after their death In solemne Court that the Emperour shall sit in his throne and the Duke of Saxony laying an heape of Oates as high as his Horses saddle before the Court gate shall with a siluer measure of twelue markes price deliuer Oates to the cheefe Quirry of the stable and then sticking his staffe in the Oates shall depart and the Vice-Marshall shall distribute the rest of the Oates That the three Archbishops shall say grace at the Emperours Table and he of them who is Chancelor of the place shall lay reuerently the Seales before the Emperor which the Emperor shal restore to him that the staffe of the Chancelorship shal be worth 12 marks of siluer That the Marquis of Brandeburg sitting vpon his Horse with a siluer basen of 12 marks weight a towel shall light from his Horse giue water to the Emperor That the Count Palatine sitting vpon his Horse with foure dishes of Siluer with meate each dish worth 3 markes shall light and set the dishes on the table That the King of Bohemia sitting vpon his Horse with a siluer Cup worth twelue markes filled with water and wine shall light and giue it the Emperour to drinke The Gentleman of Falkenstein vnder-Chamberlaine the Gentleman of Norsemberg Master of the Kitchen and the Gentleman of Limburch Vice-Buttler or in their absence the ordinary Officers of the Court shall haue the said Horses Bason dishes Cup Staffe and measure and shall after wait at the Emperours table That the Emperours table bee sixe foote higher then any other table where he shall sit alone and the table of the Empresse shall be by his side three foote lower The Electors tables shall be three foote lower then that of the Empresse and all of equall heighth and three of them shall bee on the Emperours right hand three on his left hand and one before his face and each shal sit alone at his table When one Elector hath done his Office he shall goe and stand at his owne table and so in order the rest till all haue performed their Offices and then all seuen shall sit downe at one time The Emperour shall be chosen at Franckfort crowned at Aquisgranum vulgarly called Ach and shall hold his first Court at Nurnberg except there be some lawfull impediment The Deputy of an Elector absent howsoeuer he hath his voyce in chusing the Emperour yet at the said feast shall not sit at the Electors table Princes receiuing their fees shall pay sixtie markes to the Officers of the Court excepting the Electors who are not bound to giue any thing but of free will since the Officers are their Substitutes and the Horse vpon which the Prince sits when hee is inuested in his fees shall bee giuen to the Marshall or to the Vice-Marshall The Electors are presumed to bee Germans and their sonnes at the age of seuen yeares shall bee taught the Grammer and the Italian and Selauonian tongues so as at 14 yeares age they may be skilfull therein and be worthy Assessors to the Emperor These things for this purpose taken out of the Golden Bulla shall suffice Touching the present generall estate of the Empire The Emperor his brethren were not much esteemed among their owne subiects and had little or no authority in the rest of the Empire The Germans confesse that the House of Austria is most fit to beare the burthen of the Empire especially since no stranger may be Emperour the Law binding to choose a Prince borne in Germany and because the Empire hath no principality belonging to it nor any certaine reuenues but onely some accustomed Subsidies which vpon some occasions were of old granted by Parliament these occasions being taken away the subsidies for them haue also in latter times beene discontinued so that the common affaires are to be administred with the charge of the Emperours priuate inheritance And lastly because they iustly feare if any other Prince of Germany should be chosen Emperour that the House of Austria hauing in a long line succeeded in the Empire and possessing large Dominions by inheritance would either altogether separate it selfe from the Empire or at least their inheritance in Hungary Germany and Bohemia through mutuall dissentions betweene them and the Emperour would be a prey to the Turkish Tyrant onely kept backe by the House of Austria according to the weake meanes it hath from inuading Germany at this day But when the Germans doe particularly obserue the persons of the Princes of the House of Austria they iudge againe none more vnfit to beare vp the Empire and to defend it from the Turkes inuasions and this common diffidence is infinitely encreased by the mutuall iealousies of Germany There want not iealousies in the House of Austria betweene themselues were they not forced to compound them by feare of the Turkes In generall the Gentlemen feare the conspiracy of the common people lest after the example of the Sweitzers they should roote out the Gentry or at least yeeld either none or voluntary obedience at their owne pleasure The Princes feare the free Cities so as they dare not exact absolute obedience of the
meere title and his authoritie hath no sinews so as he can neither call them if they thinke not good to come nor decree any thing if they be vnwilling nor compell those that are refractory And the very Princes are not constant to their owne iudgement if you respect the iminent dangers from the Turks nor actiue in their owne motions concerning the publike cause but are diuersly distracted betweene feare to increase the suspected power of the Emperour by helping him or to stirre vp Ciuill warres to the ruine of the dis-vnited State by making open opposition to his authority In the meane time nothing is more frequent with them then boldly to refuse either appearance in the Emperours Court or obedience to any other of his commandements that are vnpleasing to them And giue me leaue to say that my selfe there obserued that a great Prince of Germany for good respect namelesse to whom the Emperour had ingaged certaine Cities for money borrowed of him when the Emperour lending the money by Ambassadors desired restitution of the townes not onely refused to restore the same but could not bee induced to appeare at Prage by his Substitute to compound this difference and it seemed more strange to mee that diuers other Ambassadours comming to the City the same time had all audience before those from the Emperour who staid long before they were admitted to speak with the said Prince The declining generositie of the Princes of Austria and the fearefull danger hanging ouer them from the Turkes nourish this confidence in the Princes of Germany and indeede the Turkish warre doth so imploy or rather bind the hands of the Princes of Austria as were they neuer so valiant yet they should be forced rather to suffer any thing from these Christian Princes then by opposing them to be deuoured by Infidels Neither can the priuate calamity of Germany and the publike misery of all Christians in this point be sufficiently bewailed I say the priuate calamitic of Germany because the members being most strong if they were vnited yet are without sinews thus disioyned and haue no common force though in each part they be strong I say the publike calamity of Christians because howsoeuer the priuate Princes of Germany be of great power yet the whole body of the Empire being weake the daily victories of the Turkes threaten destruction not onely to Germany but to the name of Christians The Dukes of Florence of Sauoy and of Mantua and all the Princes of Italy whom the Pope hath not drawne to be his vassals the Dukes of Lorayne of Burgundy with diuers Dukes and Earles of Netherland after a sort acknowledge the safe and farre remoued patronage of the Emperour but they neither come to the Parlaments about the affaires of the Empire as not pertaining to them nor contribute any money to vphold the dignitie thereof except perhaps sometimes in the common cause of the Turkish warre they lend the Emperour some mony which no doubt all other Christian Princes would no lesse doe who haue no bond of subiection The King of Denmark by a double bond of his Kingdome and of the Dukedome of Holst the King of Swetia the Cantons of the Sweitzers and the Grisons inhabiting the Snowy Alpes were of old members of the Empire but in time these Feathers pluckt from the Eagle haue growne into new bodies and at this day do not at all acknowledge the Emperour In Germany the Tolles and Taxes are frequent as the number of absolute Princes is great who impose them in their seuerall Territories vpon all passengers and kinds of Merchandize or very small packs Schollers of Vniuersities onely excepted who passe free for their persons and goods But aboue all other Princes the Elector of Saxony as shall bee shewed in his due place seemes best to haue learned the art of shearing his subiects so as he not onely imitates but is equall in this point to the Princes of Italy Boterus relates that the Emperour of his owne hereditary dominions hath the yeerely rent of two thousand fiue hundred thousand Crownes and besides exacts fiue hundred thousand Crownes ordinarily and as much more by extraordinary means Men of good credit haue affirmed to me that the Prouince of Silesia alone subiect to the Emperor as King of Bohemia yeelds him each quarter of the yeare 60000 gold Guldens or Crownes by which may bee coniectured what hee receiues of his other large Dominions Yet Silesia yeelds more then any one of the rest in respect that of the twelue Dukedoms therein contained eight are fallen to the Emperour for want of heires-maies The Bishop of Silesia is called the Golden Bishop and the same Prouince hath thirty Abbies being most rich in that and all other respects At Prage subiect to the Emperour as King of Bohemia I obserued that euery house paid him yeerely three Dollers but this burthen equally imposed on thatched houses and stately Pallaces seeming vnequally shared the Citizens agreed among themselues of a more equall diuision thereof so as I remember that my Hosts house purchased for three hundred Dollers paid yeerely to the Emperor nine Dollers besides other charges of maintaining poore Scholers of Watches and the like imposed vpon each Master of a Family in each seuerall parish for which he also paid two Dollers yeerely In the Dominions of the Emperour the Brewers of Beere for each brewing paid six dollers to the Emperour which tribute in one City of Prage was said to passe fiue hundred Dollers weekely Also the Emperour exacted of his subiects for each Tun of Wine drawne a Doller and tenne Grosh for each bushell of Corne bought in the Market not the priuate Corne of their owne spent in their houses one siluer Grosh These and like tributes were at first granted for certaine yeares by consent of the three Estates but Princes know well to impose exactions and know not how to depose them The Emperour giues a City to the Iewes for their dwelling at Prage who are admitted in no City of Germany excepting onely at Franckfort where they haue assigned to them a Streete for their dwelling of which Iewes vpon all occasions hee borrowes money and many waies sheares those bloud-suckers of Christians The Germans impose great taxes vpon all forraigne commodities brought into their Hauens and not onely vpon mens persons and vpon commodities laded on beasts to bee distracted from City to City but euen vpon small burthens to be carried on a mans shoulder as they passe through their Forts or Cities which they vse to build vpon their confines to that purpose and onely Scholers of Vniuersities are free from these frequent exactions for their bodies and goods Touching the reuenews of the Empire it selfe Boterus relates that it receiues yeerely seuen thousand thousand Crownes or gold Guldens and this reuenew is of small moment for such great affaires if hee containe all the Princes of Germany vnder this taxation since otherwise a communication of treasure cannot bee expected
appeales for vniust causes should be punished by paying charges and being fined and that no appeale should bee admitted vnder the value of fifty Guldens excepting those who haue priuiledge to appeale for lesse summes and that no appeale be made for corporal punishments That the Chamber should be held at Spire till it be otherwise decreed by Parliament but that in time of famine or plague they may for the time choose another place That two brothers should not be the one an Assessor the other a Procter That the Iudges shall meete three dayes in the weeke and eight of them at the least shall be present That execution of iudgement shall first be required by letters of the Court to which if the Defendant shal not yeeld obedience he shal be cited to appeare and shall be condemned in costs and the Plaintife shall be put in possession of his goods and the Defendant by the Popes priuiledge granted to this Court shall be excommunicated and then execution shall be desired from the Magistrate of the Community or in case the defendant be powerful it shall be desired from the Emperour himselfe Lastly that no appeale nor petition against the iudgement of the Chamber shall be admitted And thus much breefly written of the Imperiall Chamber or Court shall suffice Onely I will adde that appeales were of old granted to the Electors subiects and at this day in some cases and aboue a certaine value are granted to the subiects of Princes and Cities and that in difficult causes the Germans often referre them to beiudged by the Colledges of ciuill Lawyers in the Vniuersity but since Princes and Cities weekely hold Courts of iudgement so as execution is done before appeale can be made and since many Cities and Princes haue priuiledges against appeales granted to them from the Emperor these appeales are many times and by diuers meanes made voide In this Chamber the Emperour himselfe may be accused and many times a Gentleman or any man of inferior condition hauing difference with a Princes gaines the cause against him and the great differences of Princes wont to breake into warre vse quietly to be composed in this Court The cheefe Iudge if he be Earle or Barron hath two thousand Guldens yeerely by the statute made in the yeere 1548 and hath more if he be a Prince An Assessor if he be an Earle or Barron hath yeerely by the same statute seuen hundred Guldens if he be a Doctour of the Ciuill Law or a Gentleman he hath fiue hundred Guldens and each Aduocate in Exchequer causes hath yeerely three hundred Guldens and by a statute in the yeere 1557 they receiue for each Gulden 77 Creitzers for bettering of their pensions whereas formerly each Gulden was valued at sixteene Batzen or sixty foure Creitzers Touching capitall iudgements By the Ciuill Law in most heinous offences the affection is punished though it take no effect yet in common custome and after the forme of the Statutes of Italy he that hath a mind to kill is not punished except he doe kill The old Law of Saxony respects the fact not the will but of late the Electors of Saxony haue made a Statute which is yet in vigour that he that prouokes a man to fight or threatens death to him shall dye though hee neuer assaile him The Germans hold it reprochfull to apprehend any malefactor which is onely done by the Serieants of the Hangmans disgracefull Family My selfe obserued that a young man Kinsman to the Consul or Maior of a Citie hauing killed a Gentleman remained two howers in the Citie and then fled without any stop by the Serieants who notwithstanding did afterwards for fashion sake pursue him some few howers Yet I must needs confesse that the Germans are generally most seuere in Iustice sparing not the Inhabitants more then strangers yea in some cases fauouring strangers more then the Inhabitants as in debts which a stranger cannot stay to recouer by long processe My selfe hauing a sute for money at Lindaw my aduocate would by no meanes take any fee of me and the Iudge gaue mee right with great expedition In criminall offences they neuer haue any pardons from Court which are common in forraigne Kingdomes but the punishment is knowne by the fact so the malefactor be apprehended For all hope of safety is in flight yet I deny not that fauour is often done in the pursute For since onely the Serieants can apprehend there is no place where more malefactors escape by flight In the Citie of Lubeck most honoured for Iustice the common report was that the very Iudges and Senators had lately wincked at a Gentlemans breaking of prison and flight with his keeper whom being imprisoned for a murther they could neither execute without greatly offending the King of Denmark nor otherwise set free without scandall of Iustice. A man suspected of any crime or accused by one witnesse is drawne to torture yet is neuer condemned vpon any probability till himselfe confesse the fact which confession is easily extorted because most men had rather dye then indure torment So as many times innocent men haue been after knowne to haue perished by their owne confessions as with vs sometimes innocent men haue been knowne to dye being found guilty by a Iurie of twelue sworne men And because it cannot be that the iudgements of men should not often erre hence it is that the Ciuill Lawyers haue a strange yet good saying that a mischiefe is better then an inconueniency namely that it is better one innocent man should dye by triall then many nocent persons should escape for want of triall In Germany not onely men but women also being accused are put to torture And for diuers great crimes the Law iudgeth them to death with exquisite torments And because they can hardly bee indured with Christian patience lest the condemned should fall into despaire the very Preachers when they haue heard their confessions and setled their mindes in true faith by rare example of too great charitie permit and aduise that they be made drunken to stupifie their sences so as thus armed they come forth with more bold then holy mindes and lookes and seeme not to feele vnsufferable torments of death Neare Lindaw I did see a malefactor hanging in Iron chaines on the gallowes with a Mastiue Dogge hanging on each side by the heeles so as being starued they might eate the flesh of the malefactor before himselfe died by famine And at Franckford I did see the like spectacle of a Iew hanged aliue in chaines after the same manner The condemned in Germany lose not their goods but onely in case of Treason against their absolute Lords But in Bohemia the goods of the condemned fall to the Emperour as he is King of Bohemia in the Territories belonging to the King and to the Princes and Gentlemen in the Territories whereof they are absolute Lords as they are all in their owne lands In Germany Courtiers and Students of Vniuersities
Hamburg were wont to haue it in like sort for sixe yeeres and so by turnes they were wont to enioy it Lubecke of old had a Duke till it was subiected to the Empire by the Emperour Fredericke the first after whose death it became subiect to their Duke againe and after fiue yeeres became subiect to the Danes but by the helpe of Fredericke the second it freed it selfe from the Danes in the yeere 1226 and after by fauour of the Emperours obtained freedome and absolute power Both Lubecke and Hamburg are said of old to haue acknowledged the Kings of Denmarke but at last expelling the Kings Proctors they became free and submitted themselues to the defence of the Empire For which cause to this day they warily obserue the actions of the Kings of Denmarke and liue in feare and suspition of their attempts and howsoeuer they haue freedome and absolute power yet they are carefull to haue the fauour of the Kings of Denmarke because they haue power to hinder their trafficke in the Baltike Sea yet sometimes leagued with the neighbour cities which in the common cause of freedome are easily drawne to giue mutuall aide they haue made warres against the Kings of Denmarke with good successe Lubecke is commended for iust gouernment not to speake of their hospitality very faire and vniforme buildings and the very pleasant seate of the Towne It is gouerned by the ciuill Law and by statutes made by the Senate as also some made by the consent of the confederate cities No appeale to Vniuersities or to the Chamber of the Empire is admitted except the cause be aboue the value of fiue hundred dollers They lately made sumptuary Lawes restraining the number of guests and dishes in Feasts with penalties according to the excesse The Citizens yeerely chuse twenty new Senators and this 〈◊〉 chuseth of their number foure Consuls with a Iudge skilfull in the ciuill Lawes These Magistrates define all ciuill and criminal causes the whole Senate first examining them and iudgements are giuen by common consent with the doores shut but when any capitall iudgement is to be executed at the day appointed to the Malefactor and the very houre he is to die the hangman pronounceth the sentence in the market place The consuls take the highest place by turnes one in the morning the other in the afternoone at which times they also by turnes heare Ambassadours and receiue complaints Many Offices are deuided among the Senators two gather the rents others haue care of the wines which are sold in a publike house to publike vse no priuate man being allowed to make that gaine others ouersee the buildings that they be vniforme and strongly built and free from danger of fier and likewise the fortifications of the City Foure Serieants attired in red gownes attend the Senate and summon men to appeare besides twelue inferiour Serieants and they neither carry Sword nor any Mace before the Magistrates but follow them in the streetes like Seruants They doe not imprison any debtor or light offender but onely summon such to appeare before the Magistrate and declare to them the fines imposed for not appearing but they apprehend capitall offenders and preuent their escape by flight It is not lawfull for a creditor to put his debtor in prison but after a set time and with cautions prescribed in the Law of Saxony wherein notwithstanding they of Lubecke so fauour strangers as they onely haue right in this kind with expedition and haue a proper tribunall or seate of iudgement for themselues onely yet herein they seeme not fauourable to strangers in that they permit them not to dwell in the City otherwise they doe as the common vse is to keepe all commodities in the hands of Citizens not to be sold to strangers but by a Citizen especially since without the helpe of strangers they haue their owne ships to bring in and carry out all commodities Hamburg is in like sort gouerned but I cannot so much commend them for hospitality being rude to all strangers and malicious to Englishmen aboue others for no other cause then for that our Merchants leauing that City seated themselues at Stoade so as it was not safe for any stranger much lesse for an Englishman to walke abroade after dinner when the common people are generally heated with drinke And the very Iustice was herein commonly taxed not that they punished whoredom which no good man will disallow but that they permitted whores in great multitudes and yet fauoured the knauery of the Sergeants who combining with the whores intrapped men in their houses so as not onely the whores Sergeants made profit thereby but the very Magistrates were iustly suspected to approue this course for their owne gaine Brunswick an Imperiall City worthily to be numbred among the cheefe so called as the Village of Bruno is not farre distant from Hamburg and seated in the center of Saxony was of old as they say the Metropolitan City therof It consists of fiue Cities gathered into one wherof each hath his seuerall priuiledges and they are thus seated Alstatt is the part on the West side Newstatt on the North side Imsacke the part towards the East Imhagen Altweg built first of all the rest are the part towards the South And howsoeuer all these haue each their seueral Senators and priuiledges yet all of them iointly making the city of Brunswick liue vnder one common Law and gouernmēt the Senators of each by yerely courses gouerning the whole body of that common-wealth For howsoeuer tenn Consuls be yeerly chosen two of each City yet to the two Consuls of that City which by course is to gouern for the yeere the other eight as inferiour and much more all the Senators of the fiue Cities yeelde for the time great reuerence in the Senate and all meetings and great obedience in all things commanded One Senate house is common to all the fiue Cities yet each of them hath also a priuate Senate-house The forme of the publike gouernement is Democraticall or popular They liue in such feare of the Duke of Brunswick left he should take away their liberty as they haue not onely fortified the Towne very strongly against assaults or sieges but also willingly imploy their Citizens in forraigne warres as hired souldiers insomuch as no man is made free who hath not first serued one or two yeeres in the warres The Dukes of Brunswick of Luneburg deriue their pedegree from one root namely from the old family of the Dukes of Bauaria for Henrie called the Lion D. of Bauaria who was Duke and Elector of Saxony also commanding a most ample Territory being proscribed by the Emperour and for a time liuing as a banished man in England the Dukedome of Bauaria was by the Emperour giuen in Fee to the Palatines of the Rheine and so passed to a new Family This Henrie the Lion died in Brunswick about the yeere 1195. His eldest sonne Otho the fourth being
chief Consul hauing notice therof commanded the gates to be shut and the streets to be chained when the Duke had long sate vpon the cart with some annoiance by reason of raine and found he could not goe back and thought it dangerous to goe into any priuate house at last the Consul bought his wood and so drew the Duke to his house where he intertained him honorably yet remembred him that he had put himselfe in needles danger knowing the ill affection of the common people towards him and then sending for the Dukes servantes to attend him led him out of the city with honour Luneburg a free City of the Empire is strongly fortified and statly built but hath no lesse ielosy with the neighbor Dukes bearing the title of the City yet they neither dwell in the City nor medle with the gouernment therof but abide at Cella and at Sethern some twelue miles distant and in other Cities of that Prouince according to the diuision of their inheritance betweene them The Citizens of Luneburg knowing that of old they bought their liberty of these Dukes and that to this day they pay them some tributes iustly feare lest the Duke or his Brothers and Cosens being many in number shold practise any thing against their liberty or at least being poor shold seek new occasiōs to extort mony frō them The Duke of old had a strong Castle built vpon a Mountaine hanging ouer the City vulgarly called Kalckberg that is the Mountaine of Chalke but the Butchers of the City at a Shroftide making shew of mustering in Armes tooke this Castle for which seruice to the Common-wealth the Butchers to this day haue the keeping therof But the Citizens are so suspitious lest it should be betraied to the Duke for mony as if any of them who keep it doe at any time goe forth of it into the City or to any other place they are no more permitted to enter the same Vpon the furthest shore of the Baltike sea towards the North-east the free City of Dantzke is seated It is free in respect of priuiledges for traffique and for that it is gouerned by the Senators and the Lawes of the City yet not numbered among the Imperiall Cities because it in some sort acknowledgeth the King of Poland and paies some couenanted tributes to his Minister residing in the City In the time of Stephen Bathory Prince of Transiluania and King of Poland this City was by him besieged and forced to pay these tributes Whervpon the Citizens to pay them without their own preiudice doubled all Impositions vpon strangers trading there The Consul of the City there as in all Germany is vulgarly called Burgomaster he iudgeth all ciuill criminal causes but appeales are granted from him to the Colledge of ciuil Lawyers from them to the Senate of the City and in some causes from the Senate to the King of Poland This City consists of three Cities vulgarly called Reichstat Furstat Altstatt that is the City of the Kingdome the fore City and the old City and each hath his gates and his Senate and the Consull may be chosen out of either Senate so as for the time of his Office he reside in the cheefe City called Reichstatt Here be the furthest limits of the Empire towards the North and the East And from hence towards the West Iles the shore of the Balticke Sea and of the German Ocean vpon which are seated Stetinum Meckleburg Lubecke Hamburg and Breame Imperiall Cities and free as weli for priuiledges of trafficke in neighbour Kingdomes as for absolute gouernement at home And in East-Freesland for West-Freesland belongs to Netherland the furthest limits of the Empire towards the West and North end in the City of Emden This City hath his Count bearing title of the City and of late he kept his Court therein but the Citizens professing the reformed Doctrine of Caluin and the Count attempting to force them to the profession of Luthers Doctrine not long before I passed that way the Citizens expelled the Count and gaue oath to the Senators of the City to obey them to be ready in armes for the defence of the City and not to remoue their dwellings from thence without leaue of the Senate And the Citizens were thus confident because the City lies vpon the confines of the Netherlanders who maintained men of warre in that Inland Sea and vpon the Riuer passing by the wals of the City to stop any passage and to defend the ships of Merchants forced in those flats to expect the returne of the tide And generally it was thought that Emden would ioine in league with the vnited Prouinces of Netherland but as yet it remained vnder the Empire not free by priuiledge nor yet subiect to the Count of Emden This Count at this time had two sonnes by the daughter of the King of Suelia and howsoeuer his younger brother by the loue of his mother had obtained the best part of the inheritance yet he had no children nor was thought likely to haue any so as no doubt was then made but that the whole inheritance would after his death returne to the children of the elder brother And these things shall suffice briefly written in generall of the Common-wealth of Germany and in particular of the absolute Dominions vnder the Empire CHAP. V. Of the Common-wealth of Sweitzerland according to the diuers subiects of the former Chapters THE Sweitzers deriued of diuers peoples and among others of the Schwalen and Friselanders howsoeuer they be Germans both in language and manners yet because the old Galles gaue them a seat at the foote of the Alpes they were accounted Galles or French till the time of Iulius Caesar. In the Commentaries of Caesar wee find their Commonwealth diuided into foure Communities whereof one namely that of Zurech had not long before ouerthrown the Army of Lucius Cassius Consul of Rome About this time the Sweitzers weary of their barren seat attempted to seeke a new place of dwelling had not Caesar ouercome them and contained them at home And from that time to the daies of Charles the Great and so long as his race possessed the renewed Empire of the West they were still esteemed Galles but when that imperiall dignity fell to the Germans they became subiects to those Emperours and were numbred among the Germans hauing the same manners lawes and customes with them as at this day they haue The Emperours gouerned this Nation by Gouernours vulgarly called Reichs vogt till at last the Common-wealth of the Sweitzers was seuered from that of the Germans and made a free state which in the age before ours hath gotten great reputation And here it is worthy to be obserued that the ambition of Popes and their diuellish tyranny ouer the Emperours not onely after some eight hundred yeeres from Christ caused almost all the Garboyles of States whereof we haue heard or read or which with our owne eyes wee haue
then put into the possession of the Dukedome of Milan made league with the Sweitzers and gaue them the foresaide Gouernments in Italy Also Pope Leo the tenth in the yeere 1515 ioyned himselfe to the league made betweene the Emperour Maximilian and Sfortia Duke of Milan and the Sweitzers against the King of France Lastly Pope Clement the eight sitting in the chaire of Rome when I passed through Italy had also league with the Sweitzers But I must come to the hereditary forraigne leagues which onely and no other can truly be called part of the Commonwealth Among the cheefe of them is that of Milan And not to speake of the ancient leagues which some of the Cantons had with the Insubres old inhabitants of Lombardy Galeacius Duke of Milan in the yeere 1466 made a league with eight Cantons wherein mention is made of the said leagues with the Insubres and he granted to the Vrij that they should possesse the Lepontian Valley for which they were to send vnto the Duke yeerely foure Hawkes and a Crosse-bow Moreouer he granted to the eight Cantons that in his Dukedome they should bee free from all impositions and taxes Afterwards these and other heads of that league were confirmed and renewed by the Duke his successours And Ferdinand Gonzaga in the name of the Emperour Charles the fifth confirmed the same in the yeere 1551. And among other heads of that league it is couenanted that it shall be free for the Sweitzers to buy corne yet in time of dearth they may carry none out of the Dukedome onely some 200 bushels shall in that case be sold to them as friends Also cautions are inserted about the buying and carrying of salt and that they shall freely passe to and fro without safe conduct excepting those times in which Sweitzerland shall be infected with the plague and that they shal be free from impositions in all places excepting the city of Milan where they shall pay custome at the gates Lastly that the Sweitzers thus priuiledged shall not take any others to be partners in trafficke with them to the preiudice of the Dukedome and that all such shall be excluded from these priuiledges as haue fled out of the Dukedome whether they liue in Sweitzerland or else where And this league was made to continue foure yeers after the death of the Emperour Charles the fifth and this time expired howsoeuer the league was not for a time renewed yet the Sweitzers enioied all these priuiledges This hereditary league descends to the Kings of Spaine who succeed Charles the fifth in the said Dutchy of Milan and all his possessions in Italy The Sweitzers haue had sharpe warres with the House of Burgundy and long continuing warres with the House of Austria which at last were ended in league and friendship The first warre of Burgundy began in the yeere 1474 the House of Austria vsing the pride ambition of the Dukes of Burgundy to keepe downe the Sweitzers with whom themselues had often fought with no good successe For the cause of the warre sprang from certaine Countries to this end ingaged by Sigismund Duke of Austria to Charles Duke of Burgundy whence the desired expected ielousies grew between them which Lewis the II King of France did nourish bearing a splene to Duke Charles and for that cause did furnish the Sweitzers with money to make that warre And Sigismund Duke of Austria more to incourage the Sweitzers made league with them against the Duke of Burgundy Also the Emperor Frederick of the House of Austria leading an Army against the said Duke did stirre vp the Sweitzers to assaile him But when they had with good successe pierced into Burgundy the Emperour made peace with the said Duke wherein the Sweitzers were not contained so as the Duke turned all his Forces vpon them and not to speake of light skirmishes and fights the maine busines was tried betweene them in three battels wherein the Duke himselfe was in person First at the town Granson where the Sweitzers had the victory but they hauing no horse which could not so soone be sent to them from their confederates and the horse of the Duke defending the foot in their flight few of the Burgundians were killed there Secondly they fought at Morat where they write that 26000 of the Burgundians were slaine And to this day huge heapes of dead bones lie in that place to witnes that great ouerthrow The third battel was at Nancy a City of Lorain where Charles Duke of Burgundy besieged Renatus Duke of Loraine confederate with the Sweitzers and then 8000 Sweitzers 3000 of their confederates sent to helpe them ouercame the Duke of Burgundy and himselfe being killed 〈◊〉 his death gaue an end to that warre in the yeere 1477. After the house of Austria had made many wars leagues for yeers with the Sweitzers at last Sigismund Duke of Austria before the Burgundian warre made an hereditary league with them Lewis the French King mediating the same that hee might draw the Sweitzers to make warre with Charles the proud Duke of Burgundy By this league it was agreed that any controuersies falling they should be put to Arbiters both parts binding themselues to stand to their iudgemēt That al old leagues alwaies preserued they should serue the Duke of Austria in his wars vpon the same pay they haue at home seruing the State On the other side that the possessors should hold all places without calling into question for them That neither part shold ioine in league the subiects of the other or make them free of their Cities That neither part should burthen the other with customes or impositions At this time in the yeere 1474 many neighbour Princes Cities and Bishops did ioine themselues in league for yeeres but the foresaid league with the house of Austria ceased in the time of the Emperour Maximilian the first who made League with the Princes and cities of Germany against the Sweitzers called the great League of Sucura That warre ended Maximilian in the yeere 1511 renewed the former League ioyning therein the house of Burgundy and his grand-child Charles after made Emperour the fifth of that name so vniting all the thirteene Cantons with both those houses and he promised in the name of Charles that he should yeerely pay in the Towne of Zurech two hundred gold crownes to each Canton for a testimony of loue and for the Abbot of Saint Gallus and the Towne and besides for Apenzill he should yeerely giue each of them one hundred Crownes and that he should confirme this league This was done in the yeere 1543 wherein Charles the Emperour renewed the League of Burgundy and his brother Ferdinand succeeding him in the Empire renewed the League of the House of Austria At this time whereof I write the Ambassadour of the King of Spaine resided at Frihurg and Philip King of Spaine sonne to Charles had as I vnderstood by Sweitzers of good credit renewed
the Leagues of Burgundy and Milan with the Cantons of the Roman religion to last fiue yeres after his death and this was done in the Church of Milan where the Ambassadours are said to haue hung vp their Shields in memory therof and to haue giuen a thousand gold crownes to the beautifying of the Church at which time the King of Spaine diuided twelue thousand gold crownes betweene the Ambassadours besides the charges passing three thousand crownes But the Ambassadours of Solothurn with-drew themselues from this League because the King of France was indebted to them which debt the King of Spaine refused to pay By this League they are mutually bound to aide each other with one thousand two hundred foote and the King of Spaine promised yeerely Pensions in generall to the Cantons and in particular to diuers chiefe men and Captaines For the Sweitzers vse to make no League without profit since the Neighbour Princes grew of opinion that they could not make warre except their Armies were strengthened with a firme body of Sweitzers Not onely Solothurn renounced the said League but also the Cantons of the reformed religion partly not to do any thing against their League with France partly left they should take part with a King whom they iudged most ambitions and a great enemy to the Reformed Religion howsoeuer he couered that hatred and partly lest they should aduance the House of Austria iustly suspected by them whose victories might turne to their ruine And at the same time the Cantons and Fellowes in League being of the Reformed Religion after the doctrine of Caluine made a League for defence of religion among themselues and with Strasburg a neighbour free city of Germany being of the Reformed Religion after the doctrine of Luther The Duke of Sauoy had his Ambassadour residing at Lucerna where the Popes Ambassadours also reside of whose Leagues for yeeres we formerly spake The old Allobroges now called Sauoyans had old Leagues with the Cantons of Bern Friburg and Solothurn but Charles Duke of Sauoy in the yeere 1512 made a League for twenty fiue yeeres with all the Cantons by which among other things it was couenanted that the Duke should aide the Sweitzers with sixe hundred or more horse at his owne charge so hee were not distracted with warres at home and that the Sweitzers should aide the Duke with sixe thousand foot for any warre in his owne Countrie to whom the Duke should pay each man sixe Frankes by the moneth But hee should not imploy them to fight at sea nor leade them beyond the sea but onely to defend his owne Countrie and the confines thereof And it was couenanted that during this League the Duke should yeerely pay at Bern two hundred gold crownes to each Canton When this League was expired Duke Charles put out of his Dukedome by the French King Francis the first followed the Emperour Charles the fifth and the renewing of this League was intermitted But the King of France restoring Philebert his sonne to the Dukedome this Duke in the yeere 1560 made a new and perpetuall League with sixe Cantons namely Lucerna Suitia Vria Vnderualdia Zug and Solothurne And after the rest of the Cantons vpon like conditions renewed the old league with this Duke onely in this last league no mention is made of mutuall aides couenanted by the former league The French Ambassadour resided at Solothurn who of old vsed to reside at Bazil and the league of the French Kings with the Sweitzers is of farre greater moment then any of the rest The first of the French that made warre with the Sweitzers was Lewis the French Kings sonne after the eleuenth King of that name who leading an Army to assist Pope Eugenius in dissoluing the Councell at Bazill was perswaded by the Emperour Fredericke to assaile the Sweitzers but a small number of them possessing straight passages did so annoy his Army as he soone retired He made peaco with the Sweitzers in the yeere 1450 and hauing tried their strength made league with them for ten yeeres His son Charles the eighth in the yeere 1483 renewed this league and vsed the Sweitzers in his warres with the Duke of Britany and for the Kingdome of Naples Lewis the twelfth after the league for yeers was expired renounced the payment of all publike or priuate pensions wherwith the Sweitzers were so greatly offended as after they refused to renew that league with him and ioined in league with the Pope and the Duke of Milan against him so as by their aide he was in the yeere 1512 cast out of the Dukedome of Milan The French King Francis the first fought with the Sweitzers ioined against him in league with the Emperour Maximilian Pope Leo the tenth and Sfortia Duke of Milan For howsoeuer the Sweitzers suspected the proceeding of their confederates and purposed to returne home yet the Pretorian Sweitzers of the Duke of Milan assailing the French the rest of the Sweitzers though called home yet lest they should seeme to forsake their companions ioined with the Pretorian Sweitzers and so by art and cunning drawne to fight gaue the French a notable ouerthrow at which time the Sweitzers had the greatest Army they euer brought into the field being 31000 foot but the French King Francis the next day fighting again with the Sweitzers ouerthrew them yet so as the retreit as they write was nothing like a flight And so the King casting Sfortia out of the Dukedome of Milan recouered the same After this prosperous successe the French King sought nothing more then to be reconciled and ioined in league with the Sweitzers hee had ouercome which hee did the league consisting of 13 heads 1. They couenanted for taking away all iniuries controuersies 2. For freeing of captiues 3. How the Sweitzers may plead any cause in iudgement against the King 4 That al should enioy the benefit therof being borne within the confines of Sweitzerland speaking the Dutch tongue 5. Priuiledges are confirmed to the Merchants of Sweitzerland 6 For charges in the siege of Dyiune and in Italy the King couenants to pay them a great sum of mony by yeerly portions 7. It is agreed that all controuersies shall be determined by courses there set downe not by warre 8. That neither part shall giue passage to the enemies of the other 9. That Merchants all subiects on both parts shall freely passe not offended with reproches or oppressed with impositions 10. That the King shall yeerly pay to each Canton 2000 Franks and to the Abbot of S. Gallus and his subiects and to those of Toggenburg 600 Frankes and to the City of S. Gallus 400 to the Mulhusians 400 to the Gruerians 600 to the Valisians 2000 and to the Grisons the pensions giuen by Lewis the 12 and moreouer yeerly 2000 Franks but howsoeuer the Rhetians or Grisons by this league serue the King in his warres with the Sweitzers yet Semler witnesseth that they serue seuerally vnder
their owne Captaines In the 11 Article all immunities in the Dukedome of Milan are confirmed to the Bilitianenses the Inhabitants of the middle Valley the Luganenses the Locarnenses 12. Choice is giuen to the Sweitzers to retaine the Castles they had or to take mony for them Lastly it is agreed couenanted that the league shall be peripetuall not be broken vpon any fraudulent pretence In this league the King excepts all his confederates the Sweitzers except Pope Leo the 10 the Emperor Maximilian the Empire and the House of Austria and all old leagues so as if the King should make war vpon any of these in their own countries it may be free to the Sweitzers to obserue their leagues with them but if any of them assaile the King in his own Kingdome the Sweitzers shal not permit any of their subiects to serue them but shall call them home This League was made at Friburg in the yeere 1516 the moneth of Nouember and vpon the day of Saint Andrew And the King rested not till after fiue yeeres since this Peace was made he leagued himselfe more strictly at Lucerna with all the Cantons that of Zurech only excepted and with all their fellowes in league of which league I will briefly relate some heads added to the former namely that if any man should make warre vpon the King in France or in the Dukedome of Milan the King at his pleasure might leauy in Sweitzerland an Army of sixe thousand at the least or sixteene thousand foote at the most except the Senate should grant a greater number That the King might chuse the Captaines and the Senate without delay should permit them to march within tenne dayes and not recall them till the warre should bee ended if the King shall please so long to vse them That by the same right and vnder the same conditions the King making warre vpon any may freely leauy souldiers but with this caution that the Sweitzers troubled with warre at home should be free from these couenants It was further cautioned that the King should not diuide the Army of the Sweitzers into diuers places or Forts but should keepe it vaited in one body That he should not vse it for any fight at Sea That they should receiue pay the same day they should march out of their country and were they neuer so soone sent backe yet three months pay should be presently due vnto them and that the first moneths pay should be giuen them within the confines of Sweitzerland That the King to aide the Sweitzers hauing any warre should send them two hundred armed horse and twelue great pieces of Ordinance with all furniture namely six battering pieces and sixe middle pieces and besides towards the charge of their warre should each three moneths pay a certaine summe of mony at Lyons and if the Sweitzers shall chuse rather to haue mony in stead of the armed horse the King should further pay them two thousand crownes each three moneths That if in time of warre the Sweitzers shall be forbidden to buy Salt in other places they may buy and bring Salt out of France That neither part shall make the subiects of the other free of their Cities or receiue them into patronage That the King to declare his good will towards the Sweitzers shall besides the two thousand Franckes promised by the former League to each Canton pay yeerely one thousand Franckes more to each of them during this League and moreouer shal besides the former Pensions giue to their Confederates yeerely halfe as much more In this League the King excepts Pope Leo the tenth the Emperour the Kings of England Scotland and Denmark with other Princes and the Sweitzers except the Pope the Emperor the House of Austria the house of Medici the D. of Sanoy and some others But if these so excepted should make war vpon either part within their territories that aides should be sent mutually without any respect This League was made to last three yeeres after the death of the French King Francis the first and was renewed by his son Henrie the second at Solotburn in the yeere 1549 by all the Cantons excepting Zurech and Bern and was after renewed by Charles the ninth and the succeeding Kings But in the leagues made with the successors of Francis the first caution is inserted that the Sweitzers shal not serue the King in any warre for the recouery of any part of the Dukedome of Milan but if the King shall recouer it with any other Army then they shall aide him to defend his possession as formerly And whereas the Cantons of Zurech and Bern refused to ioyne in the Leagues made with Francis the first and Henrie the second these reasons thereof were then alleaged First because the Canton of Zurech was then alienated from the French by the Cardinall of Sedon Secondly because Zwinglius a notable Preacher of the Reformed Religion did in many Sermons sharpely inueigh against mercinary warfare Thirdly because this League much displeased the military men of Sweitzerland in that the Senate had no liberty to looke into the cause of the warre in that the Souldiers and Captaines were not to be chosen by the Sweitzers but by the King at his pleasure in that the large profits of the League redounded to few in that the armed horse to bee sent by the King were of no vse to the Sweitzers warres commonly made in mountainous places and craggy passages Lastly because it seemed a point of great inconstancy that the Sweitzers who lately when the French King Francis and Charles the deceased Emperors grandchild were competitors for the Empire had written to the Electors that they would yeild no obedience to the French King in case he were chosen should so suddenly change their minds and make a more strict league with the French but the greater part was of a contrary iudgement because Souldiers were not bound curiously to enquire after the causes of warre for which onely the King in his conscience was bound to giue accompt And because their barren Countrey being also populous was most fit for a mercenary warre and that military experience was thereby to be retained and gained by which and like reasons they perswaded the necessity of this league Thus haue I according to the discription of Sembler briefly shewed that the Sweitzers Commonwealth consists of three parts at home not to speake of the forraigne leagues namely of the Cantons of the Fellowes in league and of the stipendiary cities and prefectures or gouernments Each community is vulgarly called Ort and the Italians call them Cantons whereof I haue said that there be thirteene in number namely Suitia vulgarly Schweis whereof the rest haue the name of Sweitzers Vria Vnderualdia Lucerna Tigurum vulgarly Zurech Glarona Tugium vulgarly Zug Berna Friburgum Solodorum vulgarly Solothurn Basilea vulgarly Bazill Seaphusium vulgarly Shafhusen and Abbatiscella vulgarly Apenzill I haue said that the Fellowes in league are the
Inhabitants of the Country All Townes and Villages of this forme whereof I named sixe haue a President of their Counsels called Amman that is Amptman signifying a man of Office The Vrij are deuided into ten parts called Tenths by the vulgar name The Suitij are diuided into foure parts called quarters The Vnderualdij are parted with a wood of Oakes and thereby are diuided into the vpper and lower and the whole canton hath the name of the lower as dwelling vnder the wood and Stantium is their chiefe Village Zug for the Towne consists of two and for the county of three conuents or meetings Glarona consists of fifteene Tagwans signifying a daies tillage Apenzill as well towne as countrey consists of twelue Roden whereof the sixe inward were of old vnder the Abbot and the sixe outward were out of his territory either free or subiect to priuate Gentlemen Out of each of these conuents or parts the Senators of the whole canton are chosen in equall number being in most of them threescore in number besides those who hauing had publike honours remaine perpetuall Senators Zug hath forty fiue Senators that is nine of each conuent the towne being taken for two conuents Apenzill hath 144 Senators namely twelue for each conuent In weighty affaires for which it seemes not good to call the people together the Counsels of Senators in most places are doubled or trebled each Senator chusing one or two Assessors But onely citizens are capable of this dignity and it is much more difficult to obtaine freedome of being a citizen with these cantons then with the cities The highest power is in the generall meeting of the people to which all are admitted of foureteene or sixteene yeeres age and they meete in the middest of the territory or in the chiefe Village of the canton and there is first chosen the Amman in most places for two yeeres and out of all the people of what part or conuent soeuer he be but at Apenzill he must remoue his dwelling to the Towne where publike counsels vse to be held and there abide during his office And at Zug he is chosen out of the conuents by order course and for the time of his Office must dwell in the city Next to the Amman they chuse his Deputy called Statthalter then the Treasurer called Seckelmeister that is Master of the Purse then the Scribes or Clarkes and other Officers in order And this is peculiar to these Cantons in the seeking of any publike Office that they who seeke it are themselues present at the giuing of voices and themselues their Parents and children giue voices in their election which are giuen by lifting vp the hand from an high place and in case of doubt are numbered by the Pole The Senators are not chosen by the whole Assembly but each by the Inhabitants of his owne conuent or part Besides this publike meeting other meetings vse to be appointed vpon extraordinary occasions namely when Ambassadours are to be sent or any decree is to be made of league peace or warre Besides the two counsels of all the people and of chosen Senators most of the cantons haue a priuy counsell of few men Thus the Suitij haue a priuy counsell of one Senator and one Amman chosen of each conuent or part and this counsel gouernes the publike rents and expences They haue two courts of Iudgment one of nine men in which the Amman is President and that determines the weighty causes of inheritance of defamation and iniuries The other of seuen men in which the Ammans Deputy is President and that determines ciuill causes of debts and contracts The Vrij or canton of Vrania haue the same course where the Court of fifteene men in which the Amman is President determines ciuill controuersies of greatest moment and the court of seuen men in which the Ammans Deputy is President iudgeth of debts vnder the value of threescore pound The Vnderualdij haue one court of iudgement at Stantium and another at Sarna and each hath an Amman for President The towne or city of Zug besides the publike counsels of the Canton hath his proper Senate and Magistrates or Iudges In the canton of Glarona the indiciall court of nine men determines of inheritance defamation and iniuries And that of fiue men iudgeth debts but onely in the two moneths of May and September Iudgements are exercised by the Iudges yeerely chosen at the generall meeting of the Canton The Canton of Apenzill hath two Courts of Iudgement one of twenty foure men two of each conuent or part wherein fines are imposed and defamations and iniuries are iudged The other of twelue men called the sworne Court of Iudgement because it iudgeth of doubtfull controuersies and such as are tried vpon oath and this also obserues the breaches of Statutes and determine what causes are to be propounded before the Senate and this Office is perpetuall Of Consistories and Matrimoniall and Spirituall causes handled in other Courts I shall speake hereafter in the Chapter of Religion Capitall causes almost in all these Cantons are iudged by the Senate or publike Counsell and that commonly doubled the Amman of the Canton or his Deputy being President At Zug Assessors out of each Conuent or part are associated to the Senate and they sit in a publike place where all men may behold the Iudges and heare their sentences For the Courts of Iudgements in the prefectures or gouernements commonly a Deputy Gouernor and Assessors are chosen of the Inhabitants to ioyne with the Gouernour and they determine as well of ciuill as criminall causes and these Gouernours in some places are chosen for three yeeres Some Villages haue municipall rights vnder the Cantons and there they chuse Magistrates out of their owne Village yet they yerely craue this priuiledge at the publike meeting and it is granted them as a singular fauour And some of these Villages haue also their peculiar Banners and Ensignes but they beare them not where the great and common Banner of the Canton is displaied In the second place are the Cantons as formerly is shewed ouer which the Townes commaund not diuided into Tribes or Companies namely Bern Lucern Friburg and Solothurn in which it is forbidden by the Law that they should be diuided into Tribes But the Artisans haue their Colledges or Halles not for the chusing of Magistrates but for orders of the Art and these they call Geselscafften that is Societies or Fellowships not Tribes or Companies which are vulgarly called Zunfften In these Cantons the chiefe Magistrate is vulgarly called Schuldthessen that is set ouer debts whom I may call Consull and they haue two Counsels the greater and the lesse The greater at Bern hath the name of two hundred though they be more in number and the lesser is of twenty sixe men At Lucern the greater is of one hundred men and each halfe yeere eighteene gouerne the Common-wealth by courses At Bern when they chuse the Senate the
captiues At Friburg they haue a Court of Iustice called the Cities Court which iudgeth the citizens causes takes the examination of captiues and puts the accused to the racke or torment but after referres all to the Senate They haue another Court of Iustice for the countrey wherein the causes of subiects dwelling out of the city are determined In both Courts are two of the lesser Senate and eight Iudges of the greater Senate chosen for three yeeres and they meete thrice euery weeke and appeale is admitted from them to the lesser Senate Also twelue Iudges chosen out of both the Senates determine the appeales of the prefectures or gouernements meeting once euery moneth for that purpose and from them there is no appeale The Gouernours are chosen by both the Senates and hold that Office for fiue yeeres but giue accompt yeerely before the lesser Senate and they iudge capitall crimes in their gouernements but the Senate hath power to change mittigate or approue their sentence as they Iudge meete In the third place it remaines to speake of the third forme of gouernement in the three Cities distributed into tribes or companies namely Zurech Bazill Schafbusen wherein the state is diuided into two Orders of the noble and plebean They haue a peculiar society of those called noble which is vulgarly called Eingeselschafft and at Zurech Etn Constaffell but Bazill for the great number of them had two societies which had the chiefe authority the Consull being chosen of one and the tribune next in dignity chosen of the other till the nobility was remoued from gouernement or rather freely gaue it ouer For these Gentlemen first ioined with the House of Austria and were after banished with them till the yeere 1501 a perpetuall league was made with the House of Austria and the Gentlemen returned from banishment but hating the common people left the City to dwell in their Castles whereupon their authority was much diminished and that which remained they vtterly lost in the yeere 1529 when they left the City and opposed themselues to the reformation of religion decreed by the Senate yet the said two societies in name and their publike houses of the societies and the priuate houses in their possession remaine to them at this day but none of the Gentlemen are chosen into the Senate being excluded by the common consent of the Citizens from the gouernement of the Commonwealth which they willingly for sook so as the gentlemen haue really no peculiar society only some few of them dwelling continually in the City are numbered in the foure chiefe Tribes or companies of the Citizens and in them are chosen into the Senate as Citizens and these foure companies are called the companies of the Lords or Gentlemen At Zurech they haue a peculiar society of Gentlemen which hath this priuiledge that halfe as many more are chosen into the Senate out of it as out of any other tribe And in this very society of Gentlemen there is difference among themselues for the old Families haue a peculiar society and a priuate stoaue wherein they onely meete and many Citizens are ioined to the whole society who neither exercise any art nor trade of Merchandize and because Porters and the baser sort must be numbered in some tribe or company all these for occasions of warre are numbered in this society of the Gentlemen called Constaffel and vnder the same they serue in the warres yea and giue their voices in the choice of the Master of the society who is one of the Senate Also at Schafhusen the Gentlemen haue a peculiar society but in all these Cities the people is diuided into tribes or companies vulgarly called Zunft whereas the Gentlemens society is called Geselschafft or Constaffell At Basii there be 15 Tribes whereof 4 are called the tribes of the Lords or Gentlemen namely of the Merchants of the Goldsmiths of the Vintners of the Apoticaries and Silkemen the most populous of all other and the other eleuen are Plebean Tribes of all kinds of Artisans Zurech hath twelue Tribes for the Weauers of wollen cloth being few are numbred among the Dyers Schafhusen hath but eleuen Tribes wherein sometimes Artisans of diuers Arts are ioyned in one Tribe but each Art hath his peculiar Hall and these are called the diuided Tribes and they meete in their peculiar Halles when they consult of any thing concerning their priuate Art but they meete in the common Hall of the Tribe for causes touching the Common-wealth as the choise of Senators or Masters of each Tribe In the said Cities are two Counsels the greater when many meete in the name of the people to consult of weighty causes belonging to the Commonwealth and the lesser which daily sits in iudgement At Zurech the greater Counsell or Senate is of 200 men and the lesser of 50. At Basil the greater is of 244 the lesser of 64. At Schafhusen the greater is of 86 the lesser of 26 Senators To these ad two Consuls the Heads or Presidents of publike Counsels in each of these Cities And this is common to al these Cities that each Tribe hath two Masters chosen for half or a whole yeere which time ended others succeede in that place yet commonly he that was Master the last halfe yeere is chosen againe except there be some impediment The lesser Senate is diuided into new and old and that is called the old whereof the Senators haue serued halfe a yeere and these are not alwaies called to the meetings for some businesse only belongs to the new Senate At Zurech the two Senates are changed each halfe yeere and the old Senate at the halfe yeeres end chuseth the new But at Basil and Schafhusen they remaine in Office a whole yeere And the Masters of the Tribes are chosen by their owne Tribes and confirmed by the greater Senate but they are confirmed by the old Senate at Basil. The voices are openly taken at Zurech but secretly at Schafhusen for certaine men are set ouer the elections in whose eares they giue their Voyces softly whispering The lesser Counsell or Senate meetes commonly thrice or foure times each weeke The Consull is President of both Senates and is chosen by the greater Senate for halfe a yeere and in some places for a yeere The Tribunes are ioyned with the Consuls for Heads and Presidents of the Senates and at Basil nine other are ioyned to them who make the Counsell of thirteene to whom the more weighty affaires are referred to consider of them before they be propounded to the whole Senate Zurech hath a peculiar Counsell which may be called the Exchequer Court consisting of eight men chosen foure out of each Senate and to them all Exchequer accounts are referred Two Clerkes or Secretaries are present at publike Counsels with assistants ioyned to them if neede require and the Office of these Secretaries especially of the chiefe is honourable and gainefull and not easily conferred on any but a Patritian because they
the weauer After sworne men measure and marke the cloth besides other officers who curiously and particularly view each cloth I said before in the History of this towne that it made warre vpon the Abbot when he sought to remoue from it to another towne more absolutely in his power not only the gainefull trade of clothworking but also the holy reliques whereby in those daies great gaine came to them Among the Rhetians or Grisons each conuent or meeting or community hath his Amman and chiefe Magistrates yeerely chosen and a generall Gouernor of the whole leage called Landtrichter that is Iustice of the land yeerly chosen at the publike meeting They haue many conuents or meetings but only three leagues The head of the second league called the house of God is the City of Chur which hath a Cathedrall Church and the common-wealth thereof is not vnlike that of Zurech The three leagues haue but one common-wealth for howsoeuer most places haue their owne Magistrates and Lawes or rather customes and Courts of Iustice aswell for Ciuill as criminall causes yet the chiefe power is in the common or publike Senate of the three leagues consisting of the Burgesses of the seuerall conuents not vnlike the generall Senate of the Sweitzers and the meeting of all the people is seldome called But they haue another Counsell or Senate of the chief men namely the Prouinciall Iudge of the vpper league the Consull of Chur for the league of the house of God the Amman of the third league of the ten Iurisdictions with other chosen men ioined to them but this Counsell hath not full power for the acts thereof are referred to the communities of the leagues that stands in force which the greater part of them doth confirme and the iudgments of such causes as are referred to the seuerall communities are registred in a written booke They determine controuersies and giue Iudgements as the Sweitzers doe Among their Statutes it is decreed by common consent that the Bishop of Chur or any Ecclesiasticall person shall not appoint any Ciuill Magistrates but that they shall be chosen by the voices of the people The three leagues haue their prefectures or gouernments vnder them the gouernor of their Italian prefectures as of those vnder the Sweitzers is vulgarly called Il Podesta from whom the subiects may appeale The three leagues by course appoint these Gouernors for two yeeres and the conuentes or communities by course in their owne league name the said Gouernors for two yeeres Touching the Valesians The conuents of vpper Valesia are seuen and of the lower are six The Bishop of Sedune is the Prince of the Country or region who is named the Earle and Gouernor of the same and he is chosen by the Cannons of the Church at Sedune and by the Burgesses sent from the seuen conuents of vpper Valesia The Captaine of the Country is next to the Bishop and is chosen by the Bishop and the said Burgesses for two yeeres and confirmed by the publke consent of the seuerall conuents and to him all Ciuill causes are referred Each conuent hath a chiefe Magistrate or Maior or Castellan who with the Senate of that counent iudgeth Ciuill and capitall causes and vnder him is the Amman whichis the highest officer in the Cautons dwelling in villages Appeales are admitted from all the seuerall conuents to the publike Senate of Valesia consisting of Burgesses chosen by the conuents and this Senate meetes at Sedune twise euery yere and the Bish op sits in that Counsell and the Baly takes the Voyces By this Senate the Common-wealth is gouerned the gouernours and publike Officers are chosen and it is called the highest Court from which there is no appeale The Lords of Chiurone of old were of great authority and are the Marshalls of the Bishopricke of Sedune Vicounts of Sedune and Seneschalls or Stewards of Valesia The Valesians haue a peculiar Statute to represse the violence of mighty men The Common wealth is gouerned by the Bishop and the seuen Conuents of vpper Valesia whom lower Valesia obeyeth being distributed into sixe prefectures or gouernments and three other prefectures out of Valesia taken or subdued in the Sauoian warre are also subiect to them The Towne of Bipenne hauing league with the three Cantons for ciuill causes acknowledgeth the Bishop of Basil and for Ecclesiasticall iurisdiction is vnder the Bishop of Losanna but hath cast of the yoke of the Papacy and obtained immunitie from the Bishop of Losanna when that Bishoprick and Citie were taken and made subiect to the Canton of Bern. The Bishop of Basil appoints the Maior out of the Senate of the Towne and the Maior taketh an oath from the Citizens and they likewise an oath from him and he with the Senate iudgeth criminall causes and is President for capitall Iudgements The Bishop hath halfe of all fines aboue three pound and certaine tythes with some other reuenewes but the Customes Impositions and Tributes belong to the Citie The Citizens serue the Bishop of Basil in warre but no further from the Towne then they may returne home the same day but if he will vse them further he must hire them with pay The same priuiledges were granted to this Towne by the Bishop in the yeere 1382 which he granted to the lesser Towne of Basil. The publike Senates as well the greater as the lesser are yeerely chosen by all the Citizens and the Master of the Citizens or Burgomaster is next in authority to the Maior and is chosen by both the Senats and when they consult of the Common-wealth the Maior and the Officers of the Bishop goe out of the Counsell The Consull Tribunes Iudges and other Officers are chosen by both the Senates onely the Ensigne is chosen by all the people and he with the Consull hath the care of Pupils This Towne hath some subiects and their Conuents without any Gouernour exercise Iudgements but the greatest matters are referred to the Senate of the Towne The Stipendiary Townes or Cities of the Cantons haue two Counsels or Senates and he that is President of the publike Counsell is called Schuldthess as set ouer debts and at Baden he is chosen by both the Senates Also they haue their Officers their Exchequers and Tributes belongiug to each City but at Baden the customes at the gate belong to the Towne but the impositions vpon Merchandise belong to the Cantons to which the Towne is subiect Lastly they haue Iurisdiction in Ciuill criminall and capitall causes Among them the Towne of Frawenfeld redeemed it selfe from the seruitude of the Monastery of Augia for no small part of the Citizens were Ecclesiasticall slaues to that Monastery At this day it giues an oath to the Lord of Augia the priuiledges alwaies preserued and that Monastery is incorporated to the Bishoprick of Constantia vulgarly called Costnetz The City Iudges haue also power to iudge and punish capitally Touching the prefectures or gouernementes vnder the
by rents of lands woods customes at gates confiscations Fines goods left to the Prince as by shipwracks and Bastards dying without children by homages Pensions and like profits and all hereditary treasurers and the two generall Receiuers giue accompt in this court Phillip the bold gaue this court great authority but Iohn his sonne remoued the counsellers thereof to the office of Iustice in Ghant and left the court at Lile to register the Princes edicts and Priuiledges granted by him Fourthly the court called the Counsell of Flaunders which I said was remoued from Lile to Ghant and seems chiefe in dignity first instituted partly by litle litle to draw Flaunders from the iurisdiction of Paris in imitation of Brabant Hennault and Holland for which howsoeuer the Princes did homage to the Emperor yet they belonged not to the iurisdiction of the Empire homage and iurisdiction by nature and in themselues being much different But the chiefe cause of the institution was the long absence of Phillip the bold in France during the infirmity of the French King in whose time this court formerly kept in diuers places at the Princes pleasure was setled at Ghant and to this court are referred all things belonging to the Princes right and authority the controuersies of Coiners of the Church of the Prouince and of Cities among themselues and with others and appeales from Magistrates and ratifying the Princes pardons for crimes The Counsell consists of a President of a Knightly degree by vertue of his office eight Counsellors hauing yeerly stipends foure Commissaries hauing part of the profit by informations and for Assessors the Procurator the Aduocate of the Prince the Treasurer of the reuenues a Secretary and a Notary Besides these courts and this said Counsell Marchantius mentioneth a court of Iustice highest and without appeale ouer all Netherland instituted by Charles last Duke of Burgandy in the yeere 1473 at Mechlin as being in the Center of Netherland and it iudgeth after that is equall and good in imitation of the Parliament of Paris so as suiters needed not to follow the Earles Court And the Prince was chiefe head of this Counsell or in his absence the Chancellor he being not present the Bishop of Tornay with two Presidents ten Lay and nine Clergy Counsellors six Masters of Requests who were commanded to ride on horseback to the Senate clad in Purple But Mary the daughter of the said Charles fearing the French and Ciuill war commanded the ceasing of iudgement in this Court which Phillip her son restored and in the yeere 1493 reestablished that court at Mechlin but lesse and more weake as it still remaines And this shall suffice of the Magistrates belonging to the Princes affaires Others belong to the subiects in seuerall Countries and Cities Such are the Scabines and the Bailies Scabines are so called of a German word Schaffen that is to dispatch or of an Hebrew word as the Germans say These defend the rights and priuiledges of the people determine controuersies by the Statutes and municipall customes or for want of them by the written Law and are present when any are tortured and iudge capitall causes the pardoning whereof is rather permitted to the Prince then much vsed by him And these Magistrates are diuersly named in diuers places as Voegte Tutor Portmeister Officer of the Port or Hauen Lanthouder that is Keeper of the Land Kourcher that is chosen Lord and Burgermaster that is Master of the Citizens Vnder them are the Treasurers or Receiuers in each City and aswell they as the Scabines are chosen by the Commissaries of the Prince Next are the Baylies so called of a French word as Tutors and Keepers and they are diuersly called in diuers places namely Schuldheten as Iudges of debts and they differ from the Scabines in that the Scabines Iudge the Bailies execute their Iudgements and the Princes Edicts they haue stipend these are paid out of the Fines they are changed after one or two yeeres these continue long in Office lastly they respect the rights of the people these of the Prince In the Villages they haue Officers called 〈◊〉 who 〈◊〉 the Edicts of the Magistrate and warne Debters to make payment and vpon longer delay then is permitted by the Municipall Lawes sell their goods at the outery They haue a supreme Iudge of capitall causes whom they call Soueraigne Baily instituted in the yeere 1374 to apprehend murtherers and banished men and to put them to death or otherwise punish them with the assistance of two Gentlemen hauing fees or being Feodatory Clients to the Prince And to this Officer authority was lately giuen confirmed by the Emperor Charles the fifth to release banishment and for the eues and man slayers by chance or vpon their owne defence and like offenders vpon satisfaction made to the next Kinsman of the man-killer and to him that was robbed not onely to giue them safe conduct to passe for forty daies but also to pardon their crimes so as the Mulcts or Fines be gathered for the Prince not to his behoofe and the Counsell of Flanders approue the confessions of the offender to be true But in case the Magistrate of the place where the offender dwelt require him to be there tried it cannot be withstood And this Office is of such dignity as Knights for long time haue executed the same Many Tributes were of old granted to the Prince as perpetuall Tributes of the Fields of Corne Oates Cheese and Larde which things for foode haue long time beene redeemed with money the price being yeerely set diuersly by the Counsell of accounts seated at Lile And no doubt through troubles and ciuill warres from the beginning to this day all like burthens are greatly increased both in number and measure which may more easily bee coniectured by that which shal be said of this subiect in the discourse of the vnited Prouinces Flanders is most ruled by municipall Lawes and customes of Townes and Cities and for want of them by the Ciuill Lawes The Lawes of Flanders forbid any man to giue in Legacies by his last Will and Testament more then the thirds of his goods wherein are comprehended Lands in Fee or that any stranger should beare the office of Magistracy yet strangers may there inherite their Kinsmens goods contrary to the custome of France England and Scotland where the Kings haue the goods of all strangers dying intestate and hauing there no children In Flanders no man is depriued of his mothers inheritance for bastardy no not the children of a noble woman being a concubine except some municipall Statute made by the Princes doe in some places preiudice them The Citizens of Curtrae about the yeere 1557 and those of Ghant some sixe yeeres after haue excluded those who are borne in adultery or incest from their mothers inheritance but the prouinciall Counsell of Flanders in the yeere 1532 gaue sentence that a Bastard should succeed in the see of his mother with
forced to wonder at the quantity varietie and goodnesse thereof which if they were all vnder the command of one Prince no two of the mightiest Kings of Christendome might therein compare with him It remaines briefely to adde something of the Nauall power of the Germans Almost all Germany being within land onely the Cities vpon the Northerne Ocean and vpon the Baltike sea haue any exercise of Nauigation And I did neuer reade or heare that any of them did euer vndertake any long and dangerous voyage by sea nor can their Marriners be praised for their experience or boldnesse compared with the English and Netherlanders The City of Dantzk which for agreement of tongue and manners I reckon among the Cities of Germany though it be in some sort annexed to Poland howsoeuer it is famous for concourse of Merchants and rich commodities yet not vsing to export them in their owne ships but rather to sell them to strangers or to lade their ships especially those of the Hollanders I could not vnderstand that forty ships belonged to that Citie Among the other Cities Lubeck and Hamburg are farre more powerfull in this kind then all the rest ioyned together The Hauen of Hamburg hath commonly great number of shipping and they said that more then six hundred ships did then belong to the City But they being vast and built onely for burthen are held vnfit for warre The City of Hamburg and the other Cities vpon the Northerne Ocean hauing long inioyed peace as neutrals while all their neighbours haue made warre one with the other and none of the Cities excepting Hamburg sending out ships further then vpon the coast it cannot be that the ships should be strongly armed At Hamburg I did see a ship then building for a man of warre of one thousand two hundred tunnes and among the other ships belonging to that Citie the greatest was called the golden Lion strongly built and bearing eighteene brasse pieces on each side which they named their Admirall But our best Sea men thought them both more fit to defend the Hauen as Forts then to make any fights at Sea In our age thirty seuen ships of Hamburg were laded by the Flemmings with Dantzk Rie for Spaine where they had free trafficke in the heate of the warre betweene England France Netherland and Spaine and of these ships sixe perished in the very going out of the Elue by tempest while English and other ships safely put to sea and the rest despaiting of the Voyage into Spaine were vnladed Not long before my being there they had sent some eight or ten ships into Spaine whereof onely one returned in safetie to Hamburg The City Lubeck hath a greater number of ships then Hamburg but they commonly trading within the Baltick sea seldome troubled with warre or Pyrates and their ships being onely built for burthen are slow of saile and vnfit to fight at sea Besides that for the foresaid reason they carry few or no pieces or other armes To conclude while I was at Lubeck a great ship of that Citie of one thousand foure hundred tuns called the Eagle laded with salt perished in the returne from Spaine Whereupon I then heard our best Sea-men impute great ignorance to the German Marriners of those Cities This shall suffice for their skill in Nauigation whereof I haue formerly spoken in the third Booke of this Volume or Part treating of the trafficke of Merchants in Germany Touching their Lawes and iudiciall courses in generall Of old the Magistrates of Germany were as Captaines of Cities who determined of Ciuill causes at home and had publike meetings yeerely for that purpose most commonly in the moneth of May or at the times of the full and new Moones They came armed to these meetings not all together but euery man at his pleasure and as it pleased the multitude so they sate in iudgement Silence was commanded by the Priests who had power to punish them Then the Prince or King or any eminent person in eloquence or in fauour was heard to speake yet as perswading not commanding and if the speech pleased the people shewed consent by murmuring or otherwise dissent by striking their speares together Here they determined all controuersies and chose new Captaines or Gouernours They had a custome that if any man complained of another hee should make a supper for a hundred men who duely examined the cause and if the plaintife had the right the defendant paid the charge otherwise he scaped free They gaue of free will to their Prince of their Cattell and Corne as much as they thought fit for his honour and necessity Tacitus writes that the old Magistrates of Germany did nothing vnarmed publikely or priuately And the Germans themselues confesse that their old Progenitors seldome tried iniuries by Law but commonly reuenged them with fire and sword and that they shamed not to take preyes by stealth or sorce Quintilianus Varus appointed Gouernour of Germany by the Emperour Augustus did first appoint the iudgement of Scabines which in the Hebrew tongue signifies a Iudge for he had formerly beene Gouernour of Iury These Scabines determined all controuersies and to this day the Germans in most places so call their Iudges The lower and vpper Saxony hath a prouinciall Law yet determines also many causes by the ciuill Law The Statutes of the Diots or Parliaments bind all but the Statutes of priuate Princes onely bind their owne subiects The greatest part of Germany is gouerned by the Ciuill Law And therefore the Doctors of the Ciuill Law are much esteemed among them and are Counsellors of Estate aswell to the Emperour as to other Princes which place they thinke vnfit to be conferred on any Doctors of Diuinity Yea the Princes of Germany haue this peculiar fashion that no sonne vseth his Fathers old counsellors but rather new chosen by himselfe The said Doctors of the Ciuil Law haue priuiledge by their degree to weare chaines of gold about their neckes and feathers in their hats There be in Germany foure kinds of Law giuing or rather foure cheefe Courts of Iustice. The first is that of the Diets or Parliaments vulgarly called 〈◊〉 that is Daies of the Kingdome which meetings by the Law should be made once in the yeere and last no lesse then a moneth at least no man hauing liberty to depart from them without leaue of the Councell Neither may the Emperour or his sonne or the elect King of the Romans make any warre or league without consent of the same The second Court is called Landgericht that is the Iustice of the Land wherein the cheefe men of each Prouince are to be called together thrice in the yeere and are to sit three weekes to determine the cheefe affaires of the Prouince as the Parliaments handle the cheefe affaies of the Empire The third Court is vulgarly called Camergerichl that is the Iustice of the Imperiall Chamber which is held at Spirt foure times each yeere each time lasting forty