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
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
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
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
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
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
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
being the second chapter of this 3 Part. Here I wil onely say that in combat very few or no Germans are killed few hurt and that lightly which I rather attribute to their peaceable nature not apt to take things in reproch then to their seuere Lawes I haue said that manslayers die without hope of pardon if they be apprehended but otherwise the Germans haue no seuere Lawes to punish iniuries in which Iustice the Sweitzers of all Nations excell without which Lawes no capitall punishment can keepe men from reuenge especially in a warlike Nation and vnpatient of reproch Onely at Augsburg I remember seuere Lawes made to keepe the Garrison Souldiers from combates where they haue a plat of ground to which they call one another to fight vpon iniuries but it serues more to make shew then proofe of their valour For a Souldier wounding another payes foure Guldens Hee that drawes his Sword though he draw no blood payes two Guldens He that vpon challenge and the greatest prouocation kils another is banished And the Magistrate giues such reall satisfaction to the wronged by deed or word as they may with reputation forbeare reuenge yea he that doth a wrong is bound vnder great penalty that he himselfe shall presently make it knowne to the Magistrate crauing pardon and submitting himselfe to punishment howsoeuer the wronged neuer complaines At Prage in Bohemia manslaughters committed by Gentlemen against strangers and those of meaner condition are much more frequent because Gentlemen can only be iudged in Parliaments which are not often called and are then tried by Gentlemen who are partiall in the common cause and commonly acquite them or delude Iustice by delaies Otherwise the Bohemians punish manslaughter murther robbery and like crimes as the Germans punish them By the Ciuill Law the punishment of a boy for manslaughter is arbitrary but he is not subiect to the Cornelian Law or capitall punishment except he be capable of malice By the Law of Saxony a boy for manslaughter is punished by the foresaid mulct if he be capable of malice otherwise he is subiect to no punishment and in like sort if he depriue one of the vse of any member but in custome if he be seuenteene yeeres old he may be and is commonly put to death By the Ciuill law the punishment of reall and verball iniuries is arbitrary and as many wounds as are giuen so many are the punishments But by the law of Saxony he that strikes another so as he leeseth the vse of a member is punished by a mulct of money vncertaine which is giuen alwaies to him that is maimed and if he die not a thousand wounds or maimes are punished onely with one mulct except they bee done at diuers times and places in which case seuerall mulcts are inflicted Alwaies vnderstand that these iudgements are giuen where the offender is ciuilly accused for if these wounds be giuen of set malice and if he be capitally accused he shall dye according to the circumstances which the Germans much regard Thus at Lubeck a man was beheaded for striking a Citizen in his owne house And in the way from Stoade to Breme I did see a sad monument of a wicked sonne whose hand first and then his head was cut off for striking his father He that killes a man of set malice and like hainous murtherers haue all their bones broken vpon a wheele and in some cases their flesh is pinched off with hot burning pinsers and they that kill by the high-way are in like sort punished And many times for great crimes the malefactors some few dayes before the execution of iudgement are nailed by the eares to a post in a publike place that the people may see them After the execution the bones and members of the malefactor are gathered together and laid vpon the wheele which is set vp in the place of execution commonly where the crimes were committed for eternall memory of his wickednesse with so many bones hanging on the sides of the wheele as he committed murthers or like crimes and my selfe haue numbred sometimes eighteene often fourteene bones thus hanging for memory of so many murthers or like crimes committed by one man These markes long remaining and crosses set vp in places where murthers were committed though the murtherer escaped by flight make passengers thinke these crimes to be frequent in Germany yet the high-way is most safe and the nature of the people abhorring from such acts which are neuer committed by Gentlemē but only by rascals against footmen in the highway and those that dwel in solitary houses Yet the seuerity of punishments the more fierce nature of the Germans retaining some kind of fiercenes from their old progenitors make such as are thus giuen ouer to wickdnes to be more barbarous vnmerciful and when they haue once done ill to affect extremity therin To conclude I haue said that the law of Saxony condemnes a man to death who threatens to kil another though he neuer do the act By the Ciuill law difference is made between a day a night thiefe because we may not kil him that steales by day but may kil him that robs by night if we cannot spare him without danger to our selues By the law of Saxony he that by night steales so much as a little wood shall be hanged but stealing that or like goods by day shal only be beaten with rods In the ciuil law it is doubtful whether theft is to be punished with death or no most commonly it concludes that only theft deserues not death if it be not accompanied with other crimes But the law of Saxony expressely condemnes a thiefe to be hanged if he steale aboue the value of fiue Hungarian Ducates of gold or vnder that value to bee beaten with rods and to be marked with a burning iron in the eares or cheekes and forehead and so to be banished And howsoeuer generally a thiefe may not be hanged by the Ciuill Law yet in some cases it condemnes him to be hanged By the law of Saxony the thing stolen must be restored to the owner and may not be detained by the Magistrate and they who wittingly receiue stolen goods or giue any helpe to theeues are subiect no lesse then the theeues to the punishment of hanging In Germany there be very few robberies done by the high-way and those onely vpon footemen for they that passe by coach or horse carry long Pistols or Carbiners and are well accompanied But if any robbers affaile in respect of the seuere punishment they commonly kill In Germany they who are hanged for simple theft hang in iron chaines vpon the gallowes till they rot and consume to nothing but in Bohemia after three dayes they are cut downe and buried I did see one that had stolen lesse then fiue gold guldens whipped about the towne one that consented being led by his side for ignominy but not whipped I did see another small offender led to the
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
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
rest called New-graft and Altkirkhoffe and there is a pleasant walke well shaded with trees vpon the banke of the Riuer In the midst of the City is the Cathedrall Church hauing a faire Tower and a Bell which they report to be of eighteene thousand pounds weight Neere to the same is the Bishops Pallace wherein the Bishops dwelt before the vnion of the Prouinces but at this time there dwelled the Countesse of Meurs whose husband died in these warres In the same part lie the market place and the Senate house The houses of the City are of bricke and fairely built but lose much of their beautie by being couered on the outside with boords and they seeme to haue more antiquitic then the buildings of Holland There be thirty Churches but onely three are vsed for diuine seruice In Saint Maries Church which as I remember is the Cathedrall Church these verses are written vpon a piller Accipe posteritas quod per tua secula narres Taurinis culibus fundo solidata columna est Posterity heare this and to your children tell Bull hydes beare vp this piller from the lowest hell Vpon a second piller this is written in Latine A Frison killed the Bishop because hee had learned of him being drunke and betrayed by his sonne the Art to stop a gulfe in this place the yeere 1099. Vpon a third piller this is written in Latine The Emperour Henry the fourth built this Church to our Lady because hee had pulled downe another Church at Milane dedicated to her And to my vnderstanding they shewed me at this time manifest signes of the aforesaid gulfe which these inscriptions witnesse to haue beene in this place Heere I paied for my supper twenty stiuers and for my breakefast six stiuers From hence I went to Amsterdam fiue miles in three houres space and paied for my passage in the waggon ten stiuers For halfe the way on both sides wee had faire pastures and saw many strong Castles belonging to Gentlemen Neere Vtrecht at the passage of a riuer each man paid a Doight and before wee came to the halfe way we passed the confines of this Bishopricke and entred the County of Holland Then in the space of two houres and a halfe we came to Amsterdam hauing in our way on both sides faire pastures On Friday in the beginning of the Month of Iuly at fiue a clocke in the euening I tooke ship vpon the Mast whereof was a garland of Roses because the master of this ship then wooed his wife which ceremony the Hollanders vsed And the sea being calme wee passed eight miles to Enchusen where wee cast anchor By the way wee passed a shole where our sterne struck twise vpon the sand not without feare of greater mischiese On Saturday we'sayeld betweene West Freesland vpon our right hands towards the East and Holland vpon our left hands towards the West and after tenne miles sayling came to the Iland Fly which being of small compasse and consisting of sandy hils hath two villages in it From hence they reckon twenty eight miles by sea to Hamburg in Germany whether we purposed to goe Assoone as wee cast anchor here the Master of our ship went aboard the Admirall of certaine ships which vsed to lie here to guard this mouth of the sea with whom hee spake concerning our passage to Hamburg and deliuered him Letters commanding that our ship should haue a man of war to wast it This Admirall lay continually in this harbour to guard this passage into the sea and he commanded nine ships which were vpon all occasions to wast the Hollanders to Hamburg and defend them from the Dunkirkers and all Pirats But at this time there was not one of these men of warre in the harbour and the Admirall himselfe might not goe forth So as for this cause and for the tempestious weather wee staied here all Sunday But vpon Monday the winde being faire for vs and contrary for the men of warre that were to come in so that losing this winde we must haue expected not without great irkesomnesse a second winde to bring in some of these men of warre and a third winde to carry vs on our iourney the Master of our ship carrying sixe great Peeces and hauing some tenne Muskets did associate himselfe with seuen other little ships hauing only Pikes and swords and so more boldly then wisely resolued to passe to Hamburg without any man of warre This Monday morning we hoysed saile but being calmed at noone we cast anchor between the Fly on our left hand toward the West and another little Iland Shelling on our right hand towards the East and lying here wee might see two little barkes houering vp and downe which wee thought to be Fisher-men and nothing lesse then Pirats of Dunkirke Here till euening we were tossed by the waues which vse to bee more violent vpon the coast but a faire winde then arising all our shippes gladly weighed anchor At which time it happened that the anchor of our ship brake so as our consorts went on but our Master according to the nauall discipline not to put to sea with one anchor returned backe to the harbour of the Fly there to buy a new anchor all of vs foolishly cursing our fortune and the starres On Tuesday morning while wee sadly walked on the shoare vvee might see our consorts comming backe with torne sailes and dead men and quarters of men lying on the hatches We beholding this with great astonishment tooke boat to board them and demanding the newes they told vs that the little barks we saw the day before vvere Dunkirkers hauing in each of them eighty Souldiers and some few great Peeces and that they had taken them spoiled their ships of their chiefe lightest goods and had carried away prisoners to Dunkirk all the passengers chief Marriners after they had first wrung their foreheads with twined ropes with many horrible tortures forced them to confesse what money they had presently what they could procure for ransom Further with mourning voice they told vs that the Pirats inquired much after our ship saying that was it the bride with whom they meant to dance cursing it to be destroyed with a thousand tuns of diuels swearing that if they had foreseene our escape they would haue assailed vs by day while we rode at anchor They added that they had left no goods but those they could not carry for weight and had changed their ragged shirts and apparell with the poore Marriners And indeed they had iust cause to bewaile the escape of our shippe being laded with many chests of Spanish Ryalls whereof they were not ignorant vsing to haue their spies in such places who for a share in the booty would haue betrayed their very brothers As we had iust cause to praise almighty God who had thus deliuered vs out of the lawes of death so had wee much more cause to bewaile our rashnesse yea and our wickednesse that
Lord Deputies discretion But their Lordships aduised warily to obserue and know such as offered submission because it had alwaies been the Arch-traitors practise to let slip such as he could not defend that they might saue their goods and liue vpon her Maiestie without any intent to doe her seruice Lastly whereas the Lord of Dunkellin by his letters in regard of some restrictions whereby hee was disabled to serue her Maiestie as he desired had made offer to resigne the gouernement he had in the Prouince of Connaght And forasmuch as the Queene was alwaies vnwilling to imploy any great Lord in his owne Countrie yet finding him placed in that gouernement by the Earle of Essex had still continued him there only out of her speciall fauor to him And for that of late some insolencies had bin offered to Companies of the English by the old Earle of Clanrieards soldiers in her Maiesties pay Their Lordships signified that the Queenes pleasure was to accept the Lord of Dunkellins resignation in the fairest maner and withall carefull tendering of his honour aduising the Lord Deputie to inuite him to accompany his Lordship and serue in the Army vnder him And Sir Arthur Sauage then a Colonel of the Army and lying with his Company at Athlone was appointed prouisionall Gouernour of the Prouince of Connaght except the Lord Deputie knew some sufficient cause to the contrary The Lord Deputy hauing attained his end of drawing the Army into the North by the safe landing and setling of Loughfoyle Garrison in the farthest North of Ireland on Tyrones backe His Lordship the twentie eight of May hearing that Tyrone had drawne backe his men two miles further into the fastnesse and being informed that the Pace of the Moyrye by reason of much wet lately fallen and the Rebels breaking of the causey was hard to passe returned by Carlingford pace to Dundalke and so to Dublin where he vnderstood that the Rebels had in his absence burned the Pale though he left for defence of it 2000 foot and 175 horse in Lemster but the damage was not answerable to the clamour for many priuate men haue in England sustained greater losse by casuall fire in time of peace then the whole Pale had done by the enemies burning in warre and many priuate men in England haue in one yeere lost more cattel by a rot then the Pale lost by this spoyling of the rebels of which they lamentably complained Besides that indeede this burning and spoyling of the very Pale did further the greatest end of finishing the warres no way so likely to be brought to an end as by a generall famine Giue me leaue to digresse a little to one of the fatall periods of Robert the noble Earle of Essex his tragedy and the last but one which was his death whereof the following relation was sent into Ireland The fifth of Iune there assembled at Yorke-house in London about the hearing of my Lord of Essex his cause eighteene Commissioners viz. my Lord of Canterburie Lord Keeper Lord Treasurer Lord Admi Lords of Worcester Shrewsbury Cumberland Huntington Darby Zouch Mast. Comptroller Master Secretarie Sir Ihon Fortescu Lord Popham Chiefe Iustice Lord Anderson Chiefe Iustice of the common Pleas Lord Perian Chiefe Baron of the Exchequer Iustices Gaudy and Walmesley They sate from eight of the clock in the morning till very neere nine at night all at a long table in chaires At the Earles comming in none of the Commissioners stirred cap or gaue any signe of curtesie He kneeled at the vpper end of the Table and a good while without a cushion At length my Lord of Canterbury moued my Lord Treasurer and they ioyntly my Lord Keeper and Lord Admirall that sat ouer against them then was he permitted a cushion yet still was suffered to kneele till the Queenes Sergeants speech was ended when by the consent of the Lords he was permitted to stand vp and after vpon my Lord of Canterburies motion to haue a stoole The manner of proceeding was this My Lord Keeper first deliuered the cause of the assembly and then willed the Queenes Counsaile at Law viz Sergeant Attorney Solicitor and Master Bacon to informe against him The Sergeant began and his speech was not long onely a preface as it were to the accusations The summe of it was to declare the Queenes Princely care and prouision for the warres of Ireland and also her gratious dealing with the Earle before he went in discharging ten thousand pound of his debts and giuing him almost so much more to buy him horses and prouide himself and especially in her proceedings in this cause when as after so great occasion of offence as the consumption of a royall Army fruitlesse wasting thirty hundred thousand 〈◊〉 treasure contempt and disobedience to her expresse commandement she notwithstanding was content to be so mercifull towards him as not to proceede against him in any of her Courts of Iustice but only in this priuate sort by way of mercy and fauour After him the Attorney began whose speech contained the body and substance of the accusation it was very sharp stinging for besides the man faults of contempt and disobedience where with hee charged him he did also shrewdly inferre a dangerous disposition and purpose which was by many rhetoricall amplifications agrauated to the full he diuided his speech into three parts Quomodo ingressus Quomodo progressus Quomodo regressus In the ingresse hee obserued how large a Commission he stood vpon such a one as neuer any man had the like before namely that he might haue authoritie to pardon all Traytors of himselfe yea to pardon treason committed against her Maiesties owne person and that he might mannage the warres by himself without being tied to the aduice of the Counsell of Ireland which clause hee said was granted that he might at first proceede in the Northerne iourny which the Counsell of Ireland whose lands and liuings lay in the South might perhaps hinder and labor to diuert him to the safeguard of themselues In the other two parts of his speech were contained fiue speciall crimes wherwith the Earle was charged viz. His making the Earle of Southampton Generall of the Horse 2. His going to Lemster and Mounster when he should haue gone to Vlster 3. His making so many Knights 4. His conference with Tyrone 5. His returne out of Ireland contrary to her Maiesties command These all sauing the fourth were recited by the Lords in their censures as the crimes for which he was censured by them The first was amplified for that he did it contrary to her Maiesties mind plainely signified vnto him in England that hee increased that offence by continuing him in that office stil when her Maiesty by letters had expressely commanded him to displace him and thirdly for that he wrote a very bold presumptuous letter to her Maiesty in excuse of that offence which letter was afterwards read The second point of his Southerne iourny was agrauated
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
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
that being a publike place I cannot but take notice thereof and maruell how you dare presume to dispose at your pleasure of the Abbey or any thing belonging to his Maiesty and therefore againe charge you vpon your alleagiance to forbeare any publike exercise of that Religion prohibited by the Lawes of this Realme and fully to reforme these disorders according to my directions vpon your extreame perill The same day his Lordship wrote this following letter to the Mayor of Corke AFter my very hearty commendations I did first receiue some mutual complaints informations from the cōmissioners of Mounster you wherof so far as they concerne your particulars I will take notice be glad to heare you both or your Agents for you reforme what I shall find amisse in either but of publike offences or errours I must take publike knowledge And first for the Proclamation of the King wherein I am informed that you were not onely your selues slow and backward but made resistance to those who being Gouernours in that Prouince in our late Soueraignes time and hauing our directions were not like to abuse or deceiue you and offered with due forwardnes and obedience after your vnfitting and dangerous delaies to haue published the same whereof I cannot but maruell and thinke you much to be blamed in so vndoubtfull a right and with directions receiued from those in authority to make such needlesse consultations and much more to offer violent resistance to those who better vnderstood their duties and were euer ready in so much loyalty to performe it yet in regard of your solemne and ioyfull publication thereof I am willing to interpret your actions to the best and take your good performance for an excuse But I am further giuen to vnderstand that you haue suffered the publike celebration of the Masse to be set vp in your City of your owne fancies and without publike authority both against the lawes of this Realme and I assure you contrary to that Religion which his Maiesty zealously professeth Whereof I cannot but take publike notice as you haue publikely offended the King and his Lawes and as I haue done before so againe I charge you vpon your alleagiance to desist from such seditious insolencies and to apprehend the chiefe Authours thereof which if you doe not presently obey I shall be forced against my will to vse his Maiesties Sword and Power to suppresse the same Further you haue by your letters made suit vnto me to haue the Kings Fort Halebolin committed to your custody and I am informed that you haue proceeded in that insolency as to stay his Maiesties Munition and victuals and Artillery which vpon speciall trust of your loyalty was kept in your City from being transported from thence to the reliefe of the Kings Fort. It may be you haue rashly and vnaduisedly done this vpon some opinion of the ceasing of authority in the publike gouernement vpon the death of our late Soueraigne which is somewhat more though no way in true and seuere iudgement excusable and I thinke otherwise you would neuer haue beene so foolish to runne into so great danger but since as it hath pleased his Maiesty to renue and confirme vnto me by his royall letters and Letters Pattents vnder his Scale the place of his Deputy in this Kingdome and to signifie his gracious pleasure to continue all other his Officers and Magistrates aswell martiall as ciuill in their former authority and iurisdictions so by vertue thereof and power giuen me from his Maiesty I haue renewed the Lord Presidents Pattent and granted a new commission to Sir Charles Wilmott and Sir George Thornton with charge and authority to gouerne the Kings Forces Forts and places of strength and to defeud the Townes from forraigne inuasions and intestine mutinics or rebellions and further to gouerne that Prouince according to his Maiesties directions In which command of theirs there is no derogation from your ciuill gouernement and limited authority if you rightly vnderstand the one and the other Therefore as you should at first haue concurred with them put in so great place of trust ouer you by your late Queene and Mistresse especially in dangerous times of change for the peaceable gouernement of all vnder both your charges that you might haue deserued his Maiesties gracious acceptance of your seruice by presenting all things in the best state you could to his Highnesse first view so now I require you vpon your allegiannce to be assisting and obedient to them in all things touching his Maiesties seruice and not to presume to interrupt the conuayance of the Kings victusls munition or artillery vnto such places as shall be thought fit by them for the furnishing of his Maicstics Forts or Forces wheresoeuer they thinke conuenient This if you shall performe I shall be glad to interpret your past actions to the best finding your endeauours to redeeme what you haue done amisse and not bee forced against my will to take notice of the height of your offences or errours and vse his Maiesties power to redresse them I haue since the writing hereof seene a letter presented me by Master Meade in deniall and excuse of these informations and if I shall find you conformable and obedient to these my directions I will be glad to haue occasion to interpret all things past in the better part and take as little notice as I can thereof And so c. The same day the Lord Deputy wrote this following letter to the Mayor of Lymricke AFter my hearty commendations I haue not written vnto you that I remember since I sent you directions for the Proclamation of the King which because I vnderstand you published according to your duety with all due solemnity and signes of ioy and continued in duetifull sort not being seduced vnto disorders as some of the Townes of that Prouince were I thought rather to haue cause to commend you and giue you encouragement in your loyall proceedings then any way to blame you but I haue since beene enformed that you haue taken example of other Cities seduced by their Priests and against his Maiesties Lawes and I assure you contrary to the religion he zealously professeth vpon your owne fancies without authority set vp the publike celebration of the Masse whereof I cannot but take publike notice as you hane publikely offended the King and his lawes and therefore I charge you vpon your alleagiance to desist from such seditious insolencies and to apprehend the chiefe authours thereof which if you doe not presently obey I shall be forced against my will to take more seuere notice thereof then willingly I would And so hoping that in a matter of so great consequence you will be better aduised I expect to haue answere from you The eight and twentieth day his Lordship wrote this following letter to the Commissioners of Mounster AFter my hearty commendations I haue already sent you your Commission renewed for continuance of your authority and signed the
out through the dispersed clouds and shining so bright as our best Marrines easily discouered the Harbour of Yoghall and the tide seruing happily we passed the barre into the same And the next morning we might see the danger we had escaped most apparant for our ship was so farre vnable to indure the waues of the sea with her great leake and the foulenesse of the Pumpes if we had been forced to keepe a bord till the next daies light might make vs know the coast as the same night she had sunke in the quiet Harbour if the Marriners had not chosen rather to driue her on ground At this time I found the State of Ireland much changed for by the flight of the Earle of Tyrone and the Earle of Tirconnell with some Chiefes of Countries in the North and the suppression and death of Sir Cabier Odogherty their confederate in making new troubles all the North was possessed by new Colonies of English but especially of Scots The meere Irish in the North and ouerall Ireland continued still in absolute subiection being powerfull in no part of the Kingdome excepting onely Connaght where their chiefe strength was yet little to bee feared if the English-Irish there had sound hearts to the State But the English Irish in all parts and especially in the Pale either by our too much cherishing them since the last Rebellion in which we found many of them false hearted or by the Kings religious courses to reforme them in their obstinate adiction to Poperie euen in those points which oppugned his Maiesties temporall power or by the fulnesse of bread in time of peace whereof no Nation sooner surfets then the Irish were growne so wanton so incensed and so high in the instep as they had of late mutinously broken of a Parlament called for the publike good and reformation of the Kingdome and from that time continued to make many clamourous complaints against the English Gouernours especially those of the pale against the worthy Lord Deputy and his Ministers through their sides wounding the Roiall authoritie yea in all parts the Churle was growne rich and the Gentlemen and Swordmen needy and so apt to make a prey of other mens goods The Citizens of Mounster had long since obtained the renuing of their old Charters with all their exorbitant priuiledges and were now growne most refractory to all due obedience especially for matters of Religion In which parts the very numbers of the Priests swarming among them and being actiue men yea contrary to their profession bloudy in handling the sword far exceeded the number of the Kings souldiers reduced to very smal or no strength And many loose mē flocked into that Prouince out of the Low-Countries who being trained there in the Irish Regiment with the Arch-Duke daily sent ouer new men to bee in like sort trained there and themselues lay dispersed and hidden in all corners with hearts no doubt apt to imbrace mischieuous enterprises And howsoeuer the English Lawyers comming ouer after the last warre vaunted Ireland to be reduced to ful obedience by their Itinerary circuits scarce mentioning with honour the sword that made way to them yet they were therein deceiued that the Irish in their clamorous and litigious nature flying to them with many complaints did it onely to get countenance to their causes from them who were strangers to them perhaps against former iudgements of the Gouernours who better knew them and so to oppose one Magistrate against another not as they might perhaps thinke in sincere affection to be ruled by the Lawes Yea those Chiefes of Countries who vsed to waite on them to the limits of their Country did it rather to keepe the people by their awfull presence from exhibiting complaints against themselues then as the Iudges thought out of their dutifull respect to them or to the State For otherwise euen among the English-Irish in the inferiour persons from the Counstables to the Iustices of Peace and so vpward Iustice had not his due course which can neuer haue life but in the mouing of al the members with due correspondency and many outrages were by the English-Irish and meere Irish done against the English lately planted there So as now when Ireland should haue enioyed the fruites of the last warre in the due subiection of the meere Irish these times threatned the next combustions from our degenerate English Irish. Onely the louers of peace were erected to good hopes by a generall confidence that our Soueraigne would apply his Royall power seuere Iustice most auaileable in Ireland and other his heroick vertues to the timely preuention of any mischieuous issue as not long after his Maiestie happily began with bringing those his subiects to conformity of making wholesome Lawes for the publike good by common consent of that Kingdomes three Estates assembled in his Royall Court of Parliament at Dublyn in the yeere 1614 to which worke and all his Royall counsels God giue happy successe The Lyst of Officers Generall and Prouinciall Warders Horsemen and Footemen as they stood at this time of Peace Officers Generall The Lord Chichester Baron of Belfast Lord Deputy of Ireland hauing enioyed that place many yeeres beyond all example of former times Sir Thomas Ridgeway Treasurer at Warres Sir Richard Wingfeild Marshall of Ireland Sir Olyuer S. Iohns Master of the Ordinance Sir Iohn King Muster-master Sir Allen Apsley and Thomas Smith Commissaries of victuals Edward Lenton Prouost Marshall of the Army Sir Iosus Bodley Directer General and Ouerseer of the Fortifications Sir Thomas Dutton Scout-Master Captaine Iohn Pikeman and Captaine William Meeres Corporals of the field Officers Prouinciall The Lord Dauers Lord President of Mounster and Sir Richard Moryson his Vice-President besides the command in his owne right left him by the Lord Lieutenant Mountioy at his leauing the Kingdome Sir Richard Aldworth Prouost Marshall of Mounster The Earle of Clanrickard Lord President of Connaght Sir Oliuer S. Iohns his Vice-president besides his imployments in his owne right Captaine Charles Coote Prouost Marshall of Connaght Sir Henry Dockwra Gouernour of Loughfoyle Edmond Ellys Prouost Marshall there Sir Henry Follyot Gouernour of Ballishannon The Lord Chichester Gouernour of Carickfergus Sir Henry Power Gouernour of Leax Sir Edward Blaney Seneshal of Monaghan and commander of the Kings Forts there Robert Bowen Prouost Marshall of Lemster Moyses Hill Prouost Marshall of Vlster Captaine William Cole for Ballishannon and Captaine Hugh Clotworth for Loughchichester both Captaines of Boatmen Warders Dublin Castle Roger Dauies hath Warders 14. Maryborough Sir Adam Loftus warders 16. Phillipstowne Sir Garret Moore warders 12 Duncannon Sir Laurence Esmond warders 30. Dungaruan Sir George Carey warders 12. Castlemaigne Sir Thomas Roper warders 17. Limrick Castle Sir Francis Bartley warders 20. Castle Parke Captaine Skipwith warders 20. Halebolin Sir Francis Slingesby warders 20. Athlone Castle the Earle of Clanrickard warders 20. Ballenfad Captaine S. Barbe warders 10. Dromruske Captaine Griffoth warders 9. Carickfergus Castle
very deepe and couers all the ground for nine moneths of the yeere yet notwithstanding the vallyes and discents of them lying open to the South Sunne and taking life from the heate thereof are very fruitfull Lastly in generall through all Germany the aboundance of Lakes and Mountaines doth increase this cold of the aire in diuers places except they bee something defended from the same by Woods adioyning and in some places as namely at Heidelberg where the Cities are almost fully inclosed with Mountaines the cold windes in Winter doe more ragingly breake in on that side the Mountaines lve open the more they are restrained and resisted on the other sides As likewise by accident the Sunne beames in Summer reflecting against those Mountaines though in a cold Region are so violently hot as the Cities at that time are much annoyed with multitudes of flies which not onely vex men but so trouble the horses as they are forced to couer them with cloathes from this annoyance The foresaid intemperatenesse of cold pressing great part of Germany in stead of fier they vse hot stoues for remedie thereof which are certaine chambers or roomes hauing an earthen ouen cast into them which may be heated with a little quantity of wood so as it will make them hot who come out of the cold and incline them to swetting if they come neare the ouen And as well to keepe out cold as to retaine the heate they keepe the dores and windowes closely shut so as they vsing not only to receiue Gentlemen into these stoues but euen to permit rammish clownes to stand by the ouen till their wet clothes be dried and themselues sweat yea to indure their little children to sit vpon their close stooles and ease themselues within this close and hot stoue let the Reader pardon my rude speech as I bore with the bad smell it must needes be that these ill smelles neuer purged by the admitting of any fresh ayre should dull the braine and almost choke the spirits of those who frequent the stoues When my selfe first entred into one of them this vnwonted heate did so winde about my legges as if a Snake had twined about them and made my head dull and heauy but after I had vsed them custome became another nature for I neuer inioyed my health in any place better then there This intemperatenesse of cold is the cause that a Lawrell tree is hardly to be found in Germany and that in the lower parts towards Lubeck they keepe Rosemary within the house in eartherne pitchers filled with earth as other where men preserue the choice fruits of the South yet can they not keep this Rosemary when it prospers best aboue three yeeres from withering For this cause also they haue no Italian fruits in Germany onely at Prage I did see some few Orange trees preserued in pitchers full of earth by setting them fourth in the heate of the Summer dayes and after drawing them into houses where they were cherished by artificiall heate And the like fruits I did see at Heidelberg in the Pallatine Electors Garden growing open in Summer but in winter a house being built ouer them with an ouen like a stoue and yet these trees yeelded not any ripe fruit when as at London and many parts of England more Northerly then those parts of Germany we haue Muske Mellons and plenty of Abricots growing in Gardens which for quantitie and goodnesse are not much inferiour to the fruits in Italy Also this cold is the cause that in Misen where they plant vines and in the highest parts of Germany on this side the Alpes where they make wine thereof the Grapes and the wine are exceeding sower Onely the wines vpon Neccar and those vpon the West side of the Rheine are in their kinds good but harsh and of little heate in the stomacke The cherries called Zawerkersen are reasonable great but sower And the other kind called Wildkersen is little and sweete but hath a blacke iuyce vnpleasing to the taste They haue little store of peares or apples and those they haue are little and of small pleasantnesse onely the Muskadel peare is very delicate especially when it is dried And the Germans make good vse of those fruits they haue not so much for pleasure when they are greene as for furnishing the table in Winter For their Peares and Apples they pare them and drie them vnder the Ouen of the stoue and then dresse them very fauorly with Cynamon and Butter In like sort they long preserue their cheries drie without sugar and the greater part of their cheries they boyle in a brasse cauldron full of holes in the bottome out of which the iuce falles into another vessell which being kept growes like marmalade and makes a delicate sauce for all roasted meates and will last very long as they vse it The Italians haue a Prouerb Dio da i panni secondo i freddi that is God giues cloathes according to the colds as to the cold Muscouites hee hath giuen futtes to the English wooll for cloth to the French diuers light stuffes and to Southerlie people stoore of silkes that all Nations abounding in some things and wanting others might be taught that they haue neede of one anothers helpe and so be stirred vp to mutuall loue which God hath thus planted betweene mankind by mutuall trafficke For this must be vnderstood not onely of clother but also of all other things necessary for human life Germany doth abound with many things necessary for life and many commodities to be transported For great Cities and Cities within land of which Germany hath store those argue plenty of commodities to bee transported and these plenty of foode to nourish much people And since that paradox of Cicero is most true that small causes of expence rather then great reuenues make men rich surely by this reason the Germans should bee most rich They neuer play at Dice seldome at Cardes and that for small wagers They seldome feast and sparingly needing no sumptuary Law es to restraine the number or costlinesse of dishes or sawces They are apparrelled with homely stuffes and weare their clothes to the vttermost of their lasting their houshold stuffe is poore in gifts they are most sparing and onely are prodigall in expences for drinking with which a man may sooner burst then spend his patrimony They haue Corne sufficient for their vse and the Merchants in the Cities vpon the sea coast export Corne into Spaine aswell of their owne as especially of that they buy at Dantzke They want not Cattle of all kinds but they are commonlie leane and little so are their horses many in number and little in stature onely in Bohemia they haue goodly horses or at least great and heauy like those in Freeseland but I remember not to haue seene much cattle or great heards thereof in the fields of any Towne the reason whereof may be gathered out of the following discourse of the Germans
and raised vp with wier shewing their necks and breasts naked But now both more commonly and especially in winter weare thicke ruffes Gentlewomen and Citizens wiues when they goe out of dores weare vpon their faces little Maskes of silk lined with fine leather which they alwaies vnpin and shew their face to any that salutes them And they vse a strange badge of pride to weare little looking glasses at their girdles Commonly they go in the streets leaning vpon a mans arme They weare very light gownes commonly blacke and hanging loose at the backe and vnder it an vpper-body close at the breast with a kirtle of a mixed or light colour and of some light stuffe laid with many gardes in which sort the women generally are attired They weare sleeues to their gownes borne out with whalebones and of a differing colour from the gowne which besides hath other loose hanging sleeues cast backward and aswel the vpperbodies as the kirtles differ from the gowne in colour and stuffe And they say that the sleeues borne vp with whale-bones were first inuented to auoid mens familiar touching of their armes For it was related vnto me I know not how credibly that by Phisitians aduice the French make issues in their armes for better health as the Italians vse to make them vnder the knees couered with a close garter of brasse In France as well men as women vse richly to bee adorned with Iewels The men weare rings of Diamonds and broad Iewels in their hats placed vpon the roote of their feathers The Ladies weare their Iewels commonly at the brest or vpon the left arme and many other waies for who can containe the mutable French in one and the same fashion and they commonly weare chaines of Pearle yea the very wiues of Merchants weare rings of Diamonds but most commonly chaines of bugell and like toyes of black colour The Gentlemen haue no plate of siluer but some spoones and a salt much lesse haue they any plate of gold But the great Lords or Princes eate in siluer dishes and vse basons and ewers of siluer and no other kind of plate vsing alwaies to drinke in glasses and each seuerall man to haue a glasse by himselfe Caesar reports that the old Britans were apparrelled in skinnes and wore long haire with the beard all shauen but the vpper lippe Now the English in their apparrell are become more light then the lightest French and more sumptuous then the proudest Persians More light I say then the French because with singular inconstancy they haue in this one age worne out all the fashions of France and all the Nations of Europe and tired their owne inuentions which are no lesse buisie in finding out new and ridiculous fashions then in scraping vp money for such idle expences yea the Taylors and Shopkeepers daily inuent fantasticall fashions for hats and like new fashions and names for stuffes Some may thinke that I play the Poet in relating wonderfull but incredible things but men of experience know that I write with historicall truth That the English by Gods goodnesse abounding at home with great variety of things to be worne are not onely not content therewith and not onely seeke new garments from the furthest East but are besides so light and vaine as they suffer themselues to be abused by the English Merchants who nourishing this generall folly of their Countrymen to their own gaine daily in forraigne parts cause such new colours and stuffe to be made as their Masters send painted out of England to them teaching strangers to serue our lightnesse with such inuentions as themselues neuer knew before For this cause the English of greater modesty in apparrell are forced to cast off garments before they be worne since it is the law of nature that euery man may eate after his owne appetite but must weare his apparrell after the vulgar fashion except he will looke like an old picture in cloth of Arras I haue heard a pleasant fable that Iupiter sent a shower wherein whosoeuer was wet became a foole and that all the people were wet in this shower excepting one Philosopher who kept his study but in the euening comming forth into the market place and finding that all the people mocked him as a foole who was onely wise was forced to pray for another like shower that he might become a foole and so liue quietly among fooles rather then beare the enuy of his wisedome This happens to many wise men in our age who wearing apparrell of old and good fashion are by others so mocked for proud and obstinate fooles till at last they are forced to be foolish with the fooles of their time The English I say are more sumptuous then the Persians because despising the golden meane they affect all extreamities For either they will be attired in plaine cloth and light stuffes alwayes prouided that euery day without difference their hats be of Beuer their shirts and bands of the finest linnen their daggers and swords guilded their garters and shooe roses of silke with gold or siluer lace their stockings of silke wrought in the seames with silke or gold and their cloakes in Summer of silke in Winter at least all lined with veluet or else they daily weare sumptuous doublets and breeches of silke or veluet or cloth of gold or siluer so laid ouer with lace of gold or silke as the stuffes though of themselues rich can hardly be seene The English and French haue one peculiar fashion which I neuer obserued in any other part namely to weare scabbards and sheaths of veluet vpon their rapiers and daggers For in France very Notaries vse them in the Cities and ride vpon their footecloaths or in Coaches both hired and in England men of meane sort vse them In the time of Queene Elizabeth the Courtiers delighted much in darke colours both simple and mixt and did often weare plaine blacke stuffes yet that being a braue time of warre they together with our Commanders many times wore light colours richly laced and embrodered but the better sort of Gentlemen then esteemed simple light colours to be lesse comely as red and yellow onely white excepted which was then much worne in Court Now in this time of King Iames his Reigne those simple light colours haue beene much vsed If I should begin to set downe the variety of fashions and forraign stuffes brought into England in these times I might seeme to number the starres of Heauen and sands of the Sea I will onely adde that the English in great excesse affect the wearing of Iewels and Diamond Rings scorning to weare plaine gold rings or chaines of gold the men seldome or neuer wearing any chaines and the better sort of women commonly wearing rich chaines of pearle or else the light chaines of France and all these Iewels must be oriental and precious it being disgracefull to weare any that are counterfet In like manner among the better sort of Gentlemen and Merchants
with death In Germany I did see a poore knaue hanging and rotting on the gallowes being condemned to that death for hauing two wiues at one time in two seuerall Cities and I did see another beheaded for lying withhis wiues sister In Ciuill causes I obserued these laudable customes in Germany namely that in many Courts they that goe to Law lay downe a caution or pledge which he loseth who in the end of the triall is found rashly and vniustly to haue sued the other That the Fees of Lawyers are limited and that icasts or impertinent speeches are punished and they are tied to speake nothing that is not to the purpose Of old no beauty age nor riches helped a defloured virgin to get any husband at any time And no doubt virgins to this day are no where so carefull of their good name as in Germany no where virgins more modestly behaue themselues no where virgins liue to so ripe yeers before they be married as in Germany At Wittenberg I did see harlots punished by standing at the Altar with a torch lighted in their hands and by being whipped with rods while many drums were beaten basons tinckled about them At Heidelberg I did see an harlot put in a basket and so ducked into the riuer Neccar and because she whooped and hollowed as in triumph when she rose out of the water she was for that impudency ducked the second time At Prage in Bohemia howsoeuer harlots be there as common as in Italy and dwell in streets together where they stand at the doores and by wanton signes allure passengers to them yet I did see some men and women of the common sort who for simple fornication were yoked in carts therewith drew out of the City the filth of the streets But while the Bohemians thus chasten the pooter sort I feare the greater Flies escape their webs In Germany at the time of publike Faires after the sound of a bell it is free for debtors harlots and banished people to enter the Citie but they must haue care to be out of the territories before the same bell sound againe at the end of the Faire they being otherwise subiect then to the Law At Leipzig I did see an harlot taken after this second sound of the bell who had been formerly banished with two of her fore-fingers cut off and shee not for incontinencie but by the law of banishment was next day beheaded Whiles I liued in the same Citie it happened that a virgin of the better sort being with child and cunningly concealing it was surprised with the time of birth in the Church vpon a Sunday and silently brought forth the child in her pew or seat couering it with rushes being dead which was vnknowne to all in the body of the Church only some yong men sitting in a roode or loft with the Musitians perceiued the fact and accused her for murthering the child In the meane time shee went home from the Church in the company of the other virgins without any shew of such weaknes after vpon the said accusation being imprisoned the report was that shee should bee iudged to death after the old Law mentioned by the Poet Propertius namely being sewed in a steke with a liuing cat in steed of an Ape and a liuing Cocke Snake and Dog and so drowned in the riuer with them But delay being vsed in the iudgement and her honourable friends making intercession for her and the murther of her child being not prooued when I left the Citie after six moneths shee remained in prison and it was not knowne what would become of her Aswell in Germany as Bohemia bastards are excluded from publike profession of liberall or mechanical arts only they may exercise them in the houses of priuate Gentlemen in which course of life as seruants they commonly liue but neuer in open shops All graduates in Vniuersities take an oath that they were begotten in lawfull matrimony And if any man ignorantly should marry a woman great with child howsoeuer the child bee borne in mariage yet it shall inherit nothing from the husband Bastards cannot bee sureties for any imprisoned or delinquent man nor inioy the extraordinary benefits of the law and are commonely named of the Citie or Towne where they were borne for a marke of ignominy not after any mans sirname But the publike Notaries by priuiledges granted to them from Emperors and Popes haue power to make their posterity legitimate In the lower part of Germany which was all named Saxony of old a debtor shall not be receiued into prison except the Creditor allow the Iaylor two pence by the day to giue him bread and water and after a yeeres imprisonment if the debtor take his oath that he is not able to pay he shal be set free yet the creditor hath stil his right reserued vpon his yeerly wages for his labour and vpon his gaines by any art or trade and vpon any goods whatsoeuer he shall after possesse And before any debtor bee imprisoned the Magistrate giues him eighteen weeks time to pay his debt and commits him not till that time be past And in some places the debtor lines at his owne expence and shall be tied to pay his creditors charges if he be able to doe it In some places especially at Lubecke I haue obserued that strangers being Creditors haue more fauour then the Creditors of the same City against a Citizen debtor because strangers by reason of their trafficke and hast homeward cannot well expect the delay of sutes in which respect their debtors shall presently be imprisoned whereas mutually among the Citizens they giue the foresaid or like time of payment before they will imprison them Debts without specialty are tried by Oath In Bohemia the debtors are imprisoned presently and maintaine themselues not being released till the creditors be satisfied In Germany if any man draw other mens monies into his hands and being able yet payes not his debts he is guilty of capital punishment but that ingenious and honest Nation hath few or no such bankerouts By the Law of Saxony he that deceiues by false weights and measures is to be whipped with rods The Emperours of old granted the priuiledge of coyning Money to many Princes and free Cities and the Emperour in the Dyet or Parliament of the yeere 1500 commanded all Princes Persons and Bodies so priuiledged to send their Counsellors to him at Nurnberg and that in the meane time all Coyning should cease vnder the penalty to leese the priuiledge of Coyning In the same place the yeere 1559 many Lawes were made for coyning Monies whereof I will relate some few First the weight and purity of the mettall was prescribed together with the Inscriptions to be set vpon the Coynes Then it was decreed that after sixe moneths no strange Monies should bee currant whereof many are particularly named That all forraigne Gold should after the same time be forbidden excepting the Spanish single and donble
Marpurg and died in the yeere 1567. The said Phillip married the Daughter to the Duke of Meckelburg and by her had the following issue William borne 1532 held his court at Cassiles hauing half the inheritance He deliuered his father out of prison and married Sabina daughter to the D. of Wirteberg and died not long before I passed through Germany Mauritius a most Noble young Prince Langraue of Cassiles vpon his Fathers late death Anna Maria married to Lodwick Count of Nassawe 1589. Heduigis then a Virgin Sophia then a Virgin Lodwick borne 1537 held his court at Marpurg had a fourth part of his fathers inheritance He first married Heduige daughter to the D. of Wirteberg after Mary of Mansfield both barren And at this time he liued but without any child Agnes married to Mauritius Elector of Saxony 1541 and after to Iohn Frederick D. of Saxonie George borne 1547 held his court at Dormstat and had a fourth part of his fathers inheritance and maried Magdelen daughter to Bernard Count of Lipp she was dead but he thē liued Lodwick oldest his Father yet liuing Phillip Iohn George Two Sisters Christian and Elizabeth Anna maried to the Duke of Zweybruck died 1581. Barbara married to George Earle of Mompelgard Elizabeth married to Lodwick the fourth Elector Palatine Christina maried to Adolphus of the roial bloud of Denmarke His Sister Elizabeth was married to Iohn Duke of Saxonie The foresaid William Langraue of Hessen of his chiefe City called the Langraue of Cassiles had in diuision with his brethren halfe his Fathers inheritance the other halfe being diuided betweene his two brothers And since that time I heard that his brother Lodwick of Marpurg was dead without issue and that his fourth part of this inheritance was returned to Mauritius eldest sonne to William Yet because Mauritius was addicted to the reformed Religion after the doctrine of Caluin which hee and his Courtiers with many subiects professed how soeuer hee had not yet made any generall alteration whereas his Vncle Lodwick persisted in the doctrine of Luther I remember the common speech in the land of Hessen that Lodwick had threatned his Nephew Mauritius to disinherit him and giue his lands to the children of his brother George of Dormstatt if he made any generall alteration in Religion I haue formerly said that the dignity of the Empire decaying many Principalities were giuen in Fee and the Lords thereof became absolute Princes At that time many great Cities were immediately subiect to the Empire whereof many were at sundrie times after ingaged for money to the said Princes At last the power of the Empire being more fallen by many Ciuill warres raised by the Popes to confirme their vsurped power ouer the Emperours these Cities with money bought their liberty partly of the Emperours partly of the said Princes from which time these Cities being called Imperiall and hauing freedome with absolute power became daily more and more beautified with buildings and strong by fortifications yet some Cities still subiect to diuers Princes yeeld not to them in beauty and strength as Dresden and Leipzig subiect to the Elector of Saxony Monach and Ingolstat subiect to the Duke of Bauaria and Breslaw the chiefe Citie of Silesia a Prouince ioyned to the Kingdome of Bohemia The Emperour at his election sweares that hee will maintaine these Cities in their freedome and not suffer them to be drawne backe to the subiection of the Empire or the said Princes Also I haue formerly spoken of the many and iust suspitions betweene the Emperour the Princes and these Free Cities which it were needlesse to repeate Of old the great Cities of the Empire were ninety sixe in number but many of them haue since been alienated to the Princes of Netherland or vnited by League to the Cantons of Sweitzerland so at this day there remaine only sixty Free Cities of the Empire Of the Common-wealths of these Cities it shall suffice in generall to haue said that the Gouernement is very moderate and equall The Patritians liue vpon their reuenues as Gentlemen The Plebeans intend Traffique and Shop-keeping and bee they neuer so rich neuer so wise can neuer become Patritians but still keepe their owne rancke as all other Orders doe And the Artisans so they keepe the Lawes which bind the highest as well as them are secure from the iniuries of any greater man In ciuill causes they iudge not after strict Law but according to equity and without delay but more easily to coniecture of all in generall It will not be amisse particularly to obserue the gouernement of some few And because Nurnberg is one of the chiefe I will beginne with it The Margraues of Brandeburg were of old Burgraues of Nurnberg till Fredericke the fourth about the yeere 1414 sold that his right and the Castle of Nurnberg to the Citizens thereof Albert his sonne called the Achilles of Germany for some duety denied to him made warre vpon the City drawing seuenteene Princes to take his part as the other free Cities assisted Nurnberg At this day the Margraue of Anspath being of that Family cals himselfe Burgraue of Nurnberg but hath onely the bare title without any command in the City yet because his lands lie on some sides vnder the very wals thereof the Citizens repute him a dangerous neighbour The common report was that this Margraue had lately sold to the City a great wood growing very neere the walles thereof and that shortly after hee was at variance with them as if hee had sold onely the wood and not the soyle so as if vulgar speech may be beleeued they were forced againe to buy the ground And yet he hath not renounced his right of hunting therein which he challengeth proper to himselfe Giue me leaue to digresse so much from my purpose as to say that the neighbourhood of this Margraue is no lesse suspected by the free City Wasenburg not farre distant where vpon a mountaine in his owne ground hanging ouer the City he hath built a strong Castle And because all the streetes of that little City lie open to it the Citizens when first he beganne to build complained to the Emperour of that wrong and obtained letters to command the Margraue to build no further but he not onely disobeyed those letters but built the same with more speed and strength Now I returne to Nurnberg the Common-wealth whereof is Aristocraticall The great Counsell hath no set number but commonly consists of some three hundred persons whereof many are Patricians liuing honourably vpon their rents as Gentlemen others are Merchants and some few Artisans of the best and richest workemen The Senate referres to this Counsell the impositions of tributes and the decrees of peace and warre which Subiects of Counsel being rare this Counsell is seldome called together but the authority of them is so great as the seales of any two of them set to any last Testament serues in steed of seauen witnesses
had numbred in the City twenty two thousand Artificers seruants and people of inferior rank and that the last subsidy imposed in time of warre was one Gold Gulden in the hundreth of euery mans mouable and vnmouable goods and one gold Gulden by the Pole for all such as had neither inheritance nor Art to liue vpon Augsburg is one of the Imperiall Citties vulgarly Ein Reichs statt and in the yeare 1364. the Senate consisted of two Patritian Consuls and of ten Merchants and seauen Artisans with power of Tribunes all yearly chosen The Emperor Charles the 4 gaue the City new priuillges confirmed the old because the Citizens swore obedience to his Sonne And the Emperor Sigismund confirmed and increased the same When the Emperour Charles the fifth held a Parliament in this Citty as many Parliaments haue beene held there the old honour was restored to the Patritians the Plebean Tribunes were taken away two Aduocates being set in their roomes Two Gentlemen Consuls at this day gouerne the City with six Iudges for criminall causes whereof three are Gentlemen two Citizens one Plebean These are chosen by the great Senate consisting of those three Orders but in causes of Religion the City is subiect to the iurisdictiō of the Bishop of Tilling This City hath many noble and rich Merchants whereof many haue priuiledges of Barrons and some of Earles and among them the chiefe Family is of the Fuggari famously knowne being at this time both boyes and men some thirty in number and the chiefe of them was Marke of the Fug gari who had married the Daughter to the Earle of Schwartzenburg and was much delighted in the gathering of antiquities with much curtesie vsing to shew the same to such passengers as tooke pleasure therein Three Cozens of this Family had great and large but dispersedly scattered possessions besides that they were rich in treasure for supply whereof the Emperour Charles the fifth and his sonne Phillip King of Spaine often made vse of them ingaging to them the impositions custome of Hauens for ready money and giuing them great priuiledges of trafficke In which kind the said King of Spaine so obliged them to him as the heart being alwaies where the treasure is hee made them no lesse obsequious to him then subiects so difficult a thing is it for couetous Merchants to preserue their liberty Great iealousies were betweene this City and the Duke of Bauaria whose territory extends to the very walles of the City And I remember at my last passage through Augsburg this Duke attempted to stop the course of water from the City whereupon the Citizens sent out Souldiers to beate backe the Dukes workemen but the controuersie was soone after appeased and came not to blowes They perpetually euen in time of peace keepe some fiue hundred Souldiers in the City who dwell in a streete by themselues and the City being seated vpon the mouth of the Alpes leading into Italy and the Citizens being diligent in trafficke it cannot be that it should not abound in riches Augsburg in the foresaid Parliament held there after Charles the fifth had ouercome the Protestant Princes was said to haue bought their peace of the Emperour with 3000 gold guldens I know not for what cause they are seuere towards strangers but I obserued that they haue a Law forbidding strangers to dwell in the City allowing them onely a short time of abode and during the same curiously obseruing what businesse they haue Strasburg is also a free City of the Empire and as the rest gouerned by a Senate yeerely chosen for howsoeuer it is one of the Cities leagued with the Cantons of Sweitzerland yet it is still numbered among the free Imperiall Cities And it is stately built and rich in treasure for so it must needes be since the ordinary tributes and taxes are so great as I haue heard the Citizens professe that they yeerely pay one doller in a thousand for the value of their mouable and also vnmoueable goods wherein the full value of Land not the yeerely rent is reckoned and that if any fraud be detected in the last Testament or otherwise the heire or the party offending if hee liue is deepely fined for the same While I passed through the City they had begun a warre with the Duke of Loraine about the choice of their Bishop which warre they had vnprouidently denounced before they had leuied Souldiers or made prouisions to make it so as their territories were exposed to many oppressions before they could gather troopes to defend them and offend the enemy And it was vulgarly reported that they could deliberate of nothing in counsell so secretly as it was not presently made knowne to the enemy The Imperiall City Franckfort is famous for the two yeerely Marts one at Midlent the other at the middest of September at which times all neighbour Princes keepe Horsemen to guard the Merchants passing that way to which Horsemen I remember that each passenger gaue 6 creitzers either of duty or in curtesie for his person Also this City is famous for another priuiledge contained in the Lawes of the golden Bulla namely that all Emperours must be chosen there and in case two Emperours be chosen the same Law defines that if one of them shall besiege the City and there expect his enemy halfe a moneth and if in that time he come not to breake the siege then it shall be free for the City to receiue the first as hauing the victory For of old custome the new chosen Emperours keepe their coronation Feast in this City with great magnificence which was lastly kept as they said by Maximilian the second at which time among other solemnities they roasted an Oxe in the middest of the field for the people and when the Marshal of the Court had cut a peece as for the Emperor the rest of the Oxe was in a moment rent in peeces by the common people I must make at least some mention of the Cities lying vpon the Sea of Germany towards the North whereof most are not onely called free because they are Imperiall Cities but by the same name though in diuers signification are called Hans steten that is Free Cities in respect of the priuiledges of trafficke granted to them of old in the neighbour Countries Among these Lubecke is the chiefe of the neighbor Cities ioined in league for common defence whither the Senators of all the other Cities come once in the yeere to consult of publike affaires The territory of the City reacheth not aboue a German mile but after some few miles distance there is a certaine Towne which belongs to Lubecke and Hamburg by common right being ingaged to them for money by the Duke of Lower Saxony of whom they after bought the rest of his Inheritance This Towne for sixe yeeres space was wont to be kept by those of Lubecke appointing the Gouernour and receiuing the rents which time ended those of
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
haue the same common Lawes and customes which they inuiolably keepe They long suffered the Gouernours of the Empire to bee ouer them in capitall causes though with preiudice to their freedome till at last in the Sueuian warre about the yeere 1499 the iudgement of capitall causes was granted to them by the Emperor among the conditions of peace Whereupon the ten oldest Cantons who made this warre haue equal right of capitall iudgements in the stipendiary Cities and gouernments with the Cantons to whom they are subiect though gotten before they entred into the common league howsoeuer they haue no right in the Ciuill causes nor any other commaund ouer them In the old leagues besides the Articles concerning vnion many Lawes for the publike good are contained and established Such is that of the old league between the eight first Cantons wherin they set downe cautions for peaceable determining of publike controuersies between the Cantons and thereby two Cantons being at strife are to chuse two honest men who giue their othes to make an equall composition between them and the rest of the Cantons are to adde one Arbiter to them and in case one of the Cantons consenteth the other refuseth to stand to their iudgement all the rest are to helpe the Canton consenting thereunto And in the league of the fiue last Cantons as in al other they iustly giue curious cantions for taking away all controuersies and especially labour to effect that they breake not out into Ciuill war in which case they should be diuersly distracted according to their diuers combinations and leagues among themselues Therefore of old when the Abbot of Saint Gallus attempted to remoue the trade of clothing and the holy reliques the superstitious worship whereof brought great profit from Apenzill to Rosake where the Abbot had absolute commaund and this matter drew them to Armes wherin the Abbot called the foure Cantons his confederates and Apenzill the six Cantons with whome it had league to giue them aide according to their mutuall leagues the saide Cantons thus called to aide both parts earnestly endeuored to make peace wherby they preserued the common-welth For if they should not alwaiea carefully so doe in like occasions many times the dissention of one or two Cantons might draw all the rest into a pernicious Ciuill warre In the foresaid league betweene the eight oldest Cantons and in the Stantian Transaction in the yeere 1481 Lawes were established That he who killed any confederate vulgarly called Eidgenossen that is inioiers of the oath should be beheaded except he had sufficient witnessea that he did it to saue his life and in case of flight he being banished by one Canton should also be banished by all the rest and that he should be iudged guilty of the crime who should helpe him and that sentence shoud be giuen vpon him in the Canton where the crime was committed That there should be no generall meetings of the people without consent of the Magistrate That none of the Cantons should support any disobedient subiect of another Canton but should force them to obedience That a lay person shall not vse the helpe of an Ecclesiasticall Iudge but in causes of matrimony and manifest vsury which are referred to Ecclesiasticall iudgement That pledges or gages be not taken at priuate mens pleasures but with consent of the Iudge That causes be iudged in the Canton wherein the act was done and sentence be giuen without fraud or deceit and that euery man bee content and rest satisfied in the Iudgements Lawes and customes of another Canton That all booties in warre be diuided among the Cantons according to the number of Souldiers which each of them sent but that Townes Tributes and like things gained by warre shal be vnder the common command of all the Cantons of which commodities the subiects of stipendary Cities and fellowes in league shall haue no part though their Forces be ioined in the same warre with the Forces of the Cantons howsoeuer they are to haue part in the deuision of all other booties In like sort the league of Schafhusen with the Cantons of the Sweitzers determineth how debts are to be recouered and what law is to be vsed in such suites and that no leagues be made by one without the priuity and against the will of the rest and that the oldest leagues be euer most respected The Common-wealth is administred with great equity yet with no lesse seuerity of Iustice then the Germans vse And howsoeuer all the Country lies within mountaines woods yet the high way for passengers is no where more safe from theeues so as it is there prouerbially said that you may carry gold in the palmes of your hands For all crimes are seuerely punished without all respect of persons The scope and butt whereat all their leagues aime is that euery man may peaceably enioy his owne and that the best men among them may in publike counsell examine the causes of warre that they be iust and lawfull to the end they may neuer rashly make warre vpon any And because the common people being burthened with debt is more prone to seditions curious orders are set downe in their leagues for the manner of exacting debts and taking pledges neither giuing liberty of oppression to the creditors nor permitting fraud to the debtors Also because military men and such as drinke in excesse are prone to brawling and blowes most heauy penalties are thereby insticted vpon such as are Authours of iniuries and the leagues make not more frequent mention of any other thing then of reproaches for which they prescribe such good remedies and reall satisfactions not passing ouer the least iniury of the poorest man as among the very Souldiers yea halfe drunken there very seldome hapneth any murther Wherein I could wish that our inferiour Magistrates would apply themselues and our Lawes were accommodated to the Sweitzers gouernement For the English being most impatient of reproches and the law giuing ridiculous satisfactions for iniuries by word and all wrongs excepting maimes it hath beene accounted a disgracefull course to seeke remedy that way and most iniuries haue commonly beene reuenged by the Sword in single combat But in Sweitzerland all standers by are bound to keepe the peace and compose the strife and if they who striue being remembred of the Lawes doe not obey they vse to punish them most seuerely and if any kill another he is sure to be beheaded except he escape by flight in which case he shall be banished by his owne and all other Cantons or except he can proue by witnes that he killed him in defence of himselfe And such is the fame of the Sweitzers sincere Iustice as many strangers their neighbours desire to haue their controuersies ended after the manner of the Sweitzers and by them When causes are to be pleaded before the Senate most men pleade their owne cause some vse Lawyers brought by them from home or sound there by chance and
the causes are not determined after the ciuill but after the prouinciall law or according to that which seemes good and equall and by the statutes and customes of each Canton They haue no quirkes or obscurities to protract iudgement and they thinke it better sometimes to erre in a doubtfull cause then to follow the Lawyers iudging according to Law not equity and so making the suites perpetuall In the Gouernements all controuersies are determined by the Gouernours and Iudges of the place yet so as appeale is granted from them to the common Senate In priuate Cantons causes are iudged by the Senatours and Iudges of each Canton yet they haue some publike Iudgements namely when the Cantons haue any controuersie one with another or a priuate man with a Canton for which cases they haue many cautions in their Leagues and at this day they are determined after this manner Each part chuseth two Iudges of his owne Citizens who are absolued in that case from their oath giuen to their owne Canton and then they are sworne that they will consider of the controuersie according to that which seemes good and equall and that they will faithfully indeuour to compose it at least so as it shall bee decided by Law not by Armes And in the old leagues certaine places are appointed in which these Iudgements are handled The 7 Cantons commonly meete for them in the Monastery of the Heremites within their owne confines and so other leagues in other appointed places The Iudges and Burgesses of those Cantons with which those that haue controuersies haue more strict league determine these causes if the first arbiters cannot compose them and both parts are bound to rest in the iudgement of the greater part and if the Voices be equall on each part as many times it falleth out a new Iudge or Arbiter is chosen who doth not giue a new Iudgement of his owne but approueth one of the Iudgements giuen by the equall Voices of the said Burgesses And this Arbiter is chosen by those Burgesses and so he be a Citizen of any one Canton it is not required that he should be of either of the Cantons to whom the cause belongeth Thus if Bern be plaintiffe against the 3 Cantons 16 men are chosen by the Cantons out of which Bern chuseth one to be Arbiter but if the Cantons be plaintiffes against Bern they chuse an Arbiter out of the lesser Senate of Bern. Likewise in controuersies betweene Zurech and Bern the plaintiffe chuseth an Arbiter out of the Senate of the other Citie To conclude in all Iudgements publike and priuate they vse such integrity as this simplicitie of their Iudgements disallowed by subtill polititians happily succeeds in all occasions and so they retaine their old vertue is like euer so to succeede In most of the Cantons namely at Zurech Basil and Schafhusen no Bastard may beare publike office nor be a Senator or Iudge which Law is common to the Sweitzers with the Germans first instituted to restraine fornication and to preserue the dignity of marriage In some places he must haue been a Citizen ten yeres in other places twenty yeres who is chosen to be of the common Counsell and at Zurech no stranger is euer chosen to be a Senator or Iudge and by Common law no Homicide Adulterer or infamous person for any crime may be of the Senate In all the Cantons they are no lesse carefull to preuent domages by fier then to keepe out their enemies for which cause they hire watchmen to walke the streetes by night and Belmen to tell the howers and in some places as the Towne of Saint Gallus they haue nightly thirty two Watchmen and chuse Citizens to visit the chimnies and ouens that they be free from danger of fier In other Cantons they haue publike Officers who in any such chance see that all things be done in order and that no tumult be raised vpon such occasions to which end they appoint some to quench the fier and draw others in armes to defend the walles and the gates And at Zurech able young men are yeerely chosen to be ready for the quenching of any such casuall fier In Lucerna the Law of Retribution an arme for an arme a leg for a leg is in many cases obserued where he that killes a Citizen bee the cause neuer so iust as repelling force by force shal die if he be taken or be perpetually banished if he escape by flight yet when he hath satisfied the Kinsmen of him bee killed hee is permitted to returne from banishment And in all the Cantons where they dwell in Villages he that kills a man in his defence shal be banished and his owne Senate cannot permit his returne which can onely be obtained from the great and publike Senate And in the same Cantons no lands may be ingaged to any stranger neither may any stranger buy any possessions but onely a house and a Garden for herbes And if any man often offend in Drunkennes he is imprisoned and may drink no Wine for a yere till he haue procured pardon of the publike Senate which me thinks should easily be granted him by Iudges guilty of the same fault except they meane quarrels and like offences not simple drinking which I thinke probable because generally the Sweitzers drinke as stiffely as those of the vpper part of Germany In the same Cantons Matrimoniall causes are referred to the Consistory of the Bishop of Costnetz but all adulteries are punished by the Senate at home commonly with the losse of goods sometimes with a fine of ten pounds that is ten Dollers with them The publike Edicts are yeerely in these Cantons confirmed or abrogated by the Voices of the common people And in the Towne of Friburg and the Territory if a debter pay not his debt the Creditor sends certaine seruants and horses to the publike Inne the charge whereof is paid by the debter till he satisfie his Creditor Besides in any controuersie if sureties be thrise demanded of any man and he bring not in suerty or caution he is punished with banishment and the same punishment is inflicted on them who violate the command of keeping the peace and who without iust cause take part with either of them that are at variance In generall for the Gentry of the whole Prouince mention hath been and is after to be made that the same is extinguished so as it were in vaine to seeke for any Knightly order among these men who howsoeuer they be military men yet vniuersally are Cittizens or of common Plebean ranck They take to themselues coates of Armes deuised by themselues and tricked after their owne fancies yet not with open Helmets as Gentlemen beare them but with closed Helmets after the manner vsed by the Citizens in Germany And their Lawes of inheritance and the dowries of wiues doe come neerest to those of Germany the Ciuill law if I be not deceiued passing with them into Prouinciall lawes and customes by
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
all the neighbour Prouinces were thereby impouerished all which trade by the warre fell to Holland most strong in shipping or for that the vnited Prouinces haue such commodity by the Sea and waters running to all Townes and by the strength of their cities as in the heat of war they are free from the enemies incursions or any impediment of their traffick and seeme rather to carry the war to their confines then to haue it in their bosomes In which point it is not vnpleasant to remember how the Hollanders mock the Spaniards as if not acquainted with the Northern Sea the ebbing and flowing therof they thought they might at pleasure come into any hauen leade their army into any of those Prouinces that when the Spaniards first entered Holland with their Army and they cutting the banckes of the sea drowned their Country the Spaniards were therewith astonished and gaue gold chaines money and the most precious things they had to the Country people on condition they would bring them out of those watery places to firme land If any man require truer and greater reasons of these Prouinces growing rich by warre let him make curious search thereof for it is besides my purpose No doubt the frequent Armes of the sea within land passing by their Cities the innumerable waters though for the most part standing or little mouing which by made ditches carry boats and barkes to all their Cities being there more frequent then in any other part of the World and to all their Villages and compasse almost all their pastures yeeld no small commodity to their Common-wealth For they hauing little of their owne to export and wanting Corne Wood or Coales and many necessaries for their vse yet by this onely benefit and their singular industry not only most abundantly inioy all commodities of all Nations for their owne vse but by transporting them from place to place with their owne ships whereof they haue an vnspeakable number make very great gaine being delighted in Nauigation by nature as borne and bred in the midst of Seas and waters and hauing by warre heating their Flegmaticke humours attained to such skill therein as for trafficke they saile to the most remote coasts of the world and in processe of time being growne so bold sea-men as they will scarcely yeeld in this Art to the English for many former yeeres excelling therein So as their tributes imposed on Merchants commodities must needs be of exceeding great moment And not to weary my selfe with the curious search thereof I will onely adde for coniecture of the generall one particular related to me by credible men That in time when Italy suffered dearth and was supplied with corne from these parts the tributes of one Citie Amsterdam in one weeke exceeded the summe of ten thousand pounds sterling whence the reuenewes of all tributes in all the Hauens and Cities may bee coniectured to be excessiuely great So as adding the impositions vpon domesticall things and the great contributions paid by the enemies subiects vpon the confines in time of warre to purchase the safety of their persons and goods with freedome to till their grounds from the rapine of freybooting souldiers a man may well say that the vnited Prouinces are no lesse able then they haue been daring to doe great things This Common-wealth is gouerned by particular lawes and customes of diuers places and by the publike edicts vpon diuers new occasions made by the States of the Prouinces and these wanting by the Ciuill law The particular Cities are gouerned after the manner aboue named And particularly at Leyden my selfe haue obserued the inhabitants of Villages called by writings set vpon posts in the publike streets to haue their controuersies iudged by the Magistrates of the city not at any set time of the yeere but according to the occasions of other affaires at the Iudges pleasure High iniuries and maimes of any member are punished by the law which passeth ouer lighter iniuries not giuing such ample satisfactions to the wronged euen by word as the constitutions of the Sweitzers giue so as with them no lesse then in England quarrels and brawlings are frequent and often breake out into man-slaughters wherein those who will reuenge themselues by force first agree betweene themselues whether they will strike or stab and then drawing out long kniues which they ordinarily weare they wound one another by course according to their agreement either by slashes or stabs which they call schneiden and stecken They commonly allow mony to be put out to vse and to the end poore men vpon pawnes may borrow small summes for a short time they admit an Italian or Lumbard vulgarly so called in each Citie who taking a pawne lends a gulden for a brasse coine called a doigt by the weeke But this Lumbard in the French Church there is not admitted to receiue the Communion The pawne vseth to bee worth a third part more then the mony lent and one yere a day being past after the mony is due the vsurer hath the pawne to himselfe but before that time the debter at his pleasure may at any time haue his pawne first paying the borowed mony with the vse to the day of paiment And the common report then was that the States would take this as a publike Office into their owne hands to help the poore not able to pay by selling the pawnes to the owners best profit Touching inheritance Vpon the Mothers death the children may compell their Father to deuide his goods with them least perhaps hee should consume or waste the same And the wife that brought a dowry be her husband growne neuer so rich by his trade may when shee dies giue not only her dowry but halfe her husbands goods gotten in mariage to her owne Kinsmen after his death if shee haue no children by him and if she brought no dowry yet shee hath the same right to dispose of halfe her husbands goods gotten in mariage and as is supposed by their mutuall labor A sonne may not be disinherited but vpon causes approued by the Law for the Father is bound to giue a third part of his estate among his children and only hath power to dispose of the rest or any part thereof in Legacies at his pleasure The wiues of Holland buy and sell all things at home and vse to saile to Hamburg and into England for exercise of traffique I heard from credible men that the Citizens of Enchusen within thirty yeeres then past vsed to marry a wife and put her away at the yeeres end if they liked her not which barbarous custome Ciuility and Religion hath since abolished and at Delph I did see two examples of men who hauing buried their wiues did after marry their wiues Sisters It is no rare thing for blowes to happen betweene man and wife and I credibly heard that they haue slight punishments for that fault and my selfe did heare the Crier summon a man