hetherto he hath done to hym Also spending more tyme in sportes and following the same than is any way commendable and the lesse bycause I warrant you Non friget ludus for it is â—ine lucro the summes be great are dealte for Thus muche for the firste persone of this Tragedie Now as touching the other whiche was Master Melchisedech Mallerie I neede spende no great time aboute him and that for two causes one for that you knew him in FlauÌ„ders of late time as I could put you in remembraunce by good tokens if I woulde The other for asmuch as God hath taken him and therefore as De absentibus nil nisi bonum so De mortuis nil nisi optimum he was as you know of a good spryte ready tongue in audacitie forwarde what else he was disposed to this needelesse for the causes before recited as I haue partly sayd before Some wise meÌ„ wil meruayle if this come to their handes that I spende my time to wryte to you so long a treatise of so small a matter as of the vnkindnesse or quarel of two so meane Gentlemen therefore thinke I haue litle to do or lesse witte â–ª I haue meruayled oft what the wryters meant to put to our readings the Rounde table knights Beuis of Hampton the Knight of the Swanne the foure sonnes of Amon Amadis Orlando furioso Espandion il Caualleire del sole Valentine and Orson the Greekes Olgarden the Dane a thousand more such tryfling Fables yet do I see many men of iudgement read them some for the tongue and some for the matter reape benefite of both likewise I may not so wholly condemne this my trauell wherein onely truth is reported Durus est sermo some will thinke assuredly no falsifying of any matter of substance neither is my conscience in minimis but as casually men may fault but that a man may profite himselfe in one of the two partes that is for the matter whiche if he well consider he shall finde more than perhap is looked for in so simple a Title there is not so euill a floure but the Bee may gather hony of it Who so desires to be delighted with Eloquence let him spend his time in other store houses for here he shal but loose his labour If you will keepe to your selfe this Letter or rather missiâ—e Pamphlet I shal be assured to auoyde the diuerse verdites of manyfolde iudgements and I am well pleased that you deeme therof as best shal like you See the fruyte of play In the yere 1573. there was one Robert Phillipson who in Lothbery in London kepte a table of xij pence a meale for Gentlemen where the xvj of December the 〈◊〉 ere M. Hall M. Mallorie M Edward Cordall M. 〈◊〉 house my self and diuerse honest Marchants of the towne supped supper ended the dice was throwen on the borde who must pleasure the good man of the house by paying the â—oxe and displease the whole companie by occasions dayly guinitye to so good an exercise the sporte lasted not the throwing oute of euerye bodyes hande aboute the bourde and yet al the companye dyd not playe but M. Mallerie gaue the lye wyth harde wordes in heate to one of the players who either for quietnesse sake or for other cause made smal replye wherevppon M. Mallerie followed as he began I canne yéelde you no reason neither yet if I could wold I for I am reporter now of the truth in al partes and not a declarer of my opinion as a iudge M. Hal séemed to take the matter in hand a thankelesse office for speaking before hee was féed and sayde I maruaile M. Mallerie that where there is suche company which séeme honest you will to the preiudice of their smal reputations vse such vnséemly wordes Mallery made chalenge that he would say so who so euer durst be his contrary Whervpon Hal tickled sware as he wil not sticke to lende you an othe or twoo that for hys gallant challenge it were a good déede being no greater a man for he was but little as you know to throw him oute at the window Here Etna smoked daggers were a drawing one rose from his place the other walked vp and downe they woulde haue gone together but as god would they went not the goodman lamented the case for the slaunder that a quarel should be in his house the rest of the company wished quietnesse and for my parte I found the parties themselues reasonably wel disposed to friendshippe The matter was ended for this fitte with commemoration how well one loued an other as many times of euil beginnings comes worsse ends so now againe on the other side honest and friendly dealings wel ment settes the Towe on fire for in Februarye following Master Rich. Drake a gentleman well bearing himselfe alwayes thou attending vpon my L. of Leicester but now the Quéenes maiestyes seruaunte in ordinarye aduised M. Hall as his friende to take héede to himselfe in playe forasmuch as he had some waies vnderstoode of indirect dealings touching the same and specially for the giuing signes of hys game at Mawe a play at cardes growne out of the country from the meanest into credite at the courte with the greatest Hal toke his friendship in good parte as he had good cause craued withal to shewe whom he mistrusted who as one not making tales on his fingers endes named Melchisedech Mallery as a maÌ„ to be doubted off In troth quoth Hal yesternight he trode on my foote I being at Maw at Mistresse AruÌ„dels the old honorable ordinary table as I may terme it of EnglaÌ„d but what he ment therby I know not I thinke no euil The eight of March after there was at supper at one Iohn Crokes who kept an ordinary table in White crosse streate of twelue pence a meale Maister William Daunsey Maister Drake before named Maister Nicholas Gorge Maister Frauncis Woodhouse M. Hal M. Mallerye aâ—d one or two Marchauntes some of them had bin at oâ—â— sporte some at an other as I hearde theÌ„selues repoâ—t and some shewed openly what cuÌ„ning might be vsed at plâ—â— in the talking wherof I met them coÌ„ming out of the â—ore about ten of the clocke at night Hal being passed not aboue twenty yardes before the rest in the streate homewardes to his lodging discoursing one with an other of the premisses Master Drake detesting such vngentlemanly shifts began to condemne such practises and withal recited what reports went of some noâ— naming any who kept company with the vsual best gentlemen in the town condemning their degenerate kind professing theÌ„selues of the breede in yéelding to so base so abiect shamelesse an occupation as to take the worst parte of al parts of the play in haÌ„d which was to giue by secrete signes notice of his cardes and playe whose good meaning would haue truste a horsekeper with a greater matter At these wordes or such like M. Mallery replyed and sayd that it were good he were
among whom were Oda and VVolstane Archbishoppes and many other Bishoppes to prouide for their soules health and theirs whom they had the cure of And in an other place I Edwarde King to all both yong ond olde in my iurisdiction giue knowledge that I in the solempne assemblie of the best seene of my kingdome aswel ecclesiastical as temporal haue carefully enquired and so foorth King Edgar his seconde sonne the yeare 959 was likewise a lawe maker and thus entitles them The lawes whiche 1 Edgar King in the freequented senate to the glory of God â–ª the dignity of my Maiestie and the profite of the common wealth haue past Etheldred or Eldred or Egelred the second son of Edgar the yeare 979 whiche alter a little who by the murder of Edward his elder brother named the Martire came to the crown in whose time the Danes so entred this laÌ„d as ere they had done the king fledde into Normandy and lefte his kingdome to Swanus the Tyrant Dane after whose decease retourning he not long after died hee also being doing with lawes termes them thus The councel of graue fathers which king Ethelred had at Woodstock in Marcia for the preseruation of the peace whiche is gouerned by the english lawes at the ende of suche perticulers as are agreed on he concluds on this maner This our commaundement decree if any shal neglect c. He shal pay to the king one huÌ„dred twenty shillings There was a league made also by the sayd King with the army of Aulavus Iustinus and Gustimundus the sonnes of Stegetie the Dane and goes thus The agreement or part which once or of late king Ethelred by the aduise of his wise confederates with them aforesayde did enter in His sonne Edmund surnamed Ironside parted the Realme with Canutus or Knought King of Denmark who being slayn by the treason of Edricke Canutus enioyed the whole principality and tho Swanus were the firste Danish King here yet held hee not the kingdome so absolutely as thys man did Hee made more lawes than anye one before him which are thus intituled The decrees which Canutus king of English Danes and Norwayes at Winchester at Christmas hath appointed by the aduise of men of knowledge to the honor of the God of heauen the renoume of the kings Maiestie and the benefite of the common wealth Againe in an other place he vseth these wordes These are the humaine and lawes politique wherin vsing the counsel of the wise I command to be kept thorough Englande Hee began to raigne alone the yeare of grace 1019. Edwarde the Confessour after Hardikenitus the last king of the Danish bloud 1043. began to raigne he fouÌ„ded many holesome lawes and was the firste erector as it is written of the common law whych VVilliam Conqueror did after confirme wherof this I finde After the conquest of England the foresayde King William the fourth yere of his raigne by the persuasion aduise and councel of his nobility did sommon throughout his land the nobles the gouernours the graue heads and the Learned in the lawe to heare of them their rights customes and ordinances whereof chosing twelue of euery county who taking their othes before the king directly truely and so forth to shew declare the same they brought the lawes of Saint Edward as we haue them now and the king established them in that manner The Conqueror hym selfe began to rule this Ilande 1066 some recken a yeare more who also adding certaine ordinaunces in the entraunce hath these wordes Here beginneth what William king of the Englishe nation after the conquest with his nobility hath appointed to be perfourmed I reade that Henry the first his sonne who gouerned after VVilliam Rufus his brother did at the beginning of his raign lighten the great exactions imposed by his father and brother reduced and amended Saint Edwards lawes whiche as it should seeme were eyther forgotten or would not be remembred for al the fathers confirmation or rather shew therof reformed measures apoynted directions to be obserued Aboute the thyrtith yeare of hys raigne hee helde a counsel at LondoÌ„ wherin it was thought good he shold haue the Cleargy within his censure Maude the Emprice his daughter first marryed to Henrie the fourth Emperor of Almayne and afterwards to Geffrey Plantagenet Erle of Aâ—iou the 31. of his raigne had by hir husbande shortly after a son named Henrie vpoÌ„ the knowledge wherof he called hys nobles together decreed that his daughter the heires of hir body shoulde succeede him in the Kyngdome Grafton in the thirteenth yere of this King in hys Cronicle saith thus And in this time began the Parliament in Englande firste to be instituted and ordeyned for reformation and gouernement of this Realme The manner whereof as I haue fouÌ„d it set out in an olde pamflet I intende at large to set foorth in the raigne of King Edwarde the thirde when and where Parliaments were yearely and orderly kepte the whiche I sought to finde but promise was not kepte Turning his booke I founde in his preface to the Reader these wordes And where I haue in the â—3 yere of King Henry the firste promised to place the maner and order that first was taken for the holding of the parliamente in the time of king Edwarde the thirde I haue sith that tyme for sundry good causes thought meete to omit the same and therefore admonish the Reader not to looke for it Hereof iudge you and if you wyll haue hys reason he is not far to seke Stephen in a manner no sole sybbe to the Crowne the righte heyres being aliue was by the nobilitye admitted Kyng In hys time the Emprice by the aide of hyr Basterd brother Robert Earle of Gloucester the ciuill warres grew great wherin the King being taken and who now but the Emprice as it were confirmed according to hir iust title she was moued for the restitution of Saint Edwards Lawes but shee was deafe on that side The last yeare of thys Kings time he and Henrie the Emprice sonne grew to communication and agreement The King commaunded his Lordes to assemble at Winchester where Duke Henrie was honorably receyued and there it was agreed he shoulde adopte the Duke hys sonne and confirme too him the Crowne of Englande after his deceasse Henry the second hys follower in the gouernement of another clayme helde a councel at the beginning of his raign at Wallingforde where the Barons were sworne to the king The eyght yere of his raigne he caused all the subiectes to sweare fealty to his sonne Henrye touching the inherytaunce In the ninth yeare Fabian sayeth the kyng called a Parliament at Northampton and so termed it as also in some other places he doeth Councels and calling togethers of the Lordes by the prynce wherin him selfe vouches nothing was done but a pretence to reforme and somewhat gelde the preueleges of the Cleargy The same time a
A letter sent by F.A. touchyng the proceedings in a priuate quarell and vnkindnesse betweene Arthur Hall and Melchisedech Mallerie Gentlemen to his very friende L.B. being in Italie VVith an admonition to the Father of F.A. to him being a Burgesse of the Parliament for his better behauiour therein To the right worshipful Sir Henrie Kneuet Knight the Printer wishes worship health and long life AFter by an extraordinarye meanes good Knight this letter with the appurtenances in written hand came to be mette withall by mee I was of diuers mindes one way not to bestowe the cost on such a trifle an other way not to consent to the smothering of wel disposed as I take it persons thirdly not to thrust out what I found presupposed with partiall minde to harme innoceÌ„ts as I coÌ„ceiue it hauing preferred wil be it so before reason I yeelde to you my labour and the setting my letters togither praying with all that my good wil may be accepted by you who I caÌ„ wel gather a partie in this tragedie couÌ„tes himselfe much beholding to and tho I might direct perhap my trauel to men as it seemeth of verie good availe and friendes to maister Hal in this case yet good Sir Henrie you shal haue it refuse it not take in good part and glorie that your wel doings deserues hath thaÌ„ks not for benefit groweÌ„ of your good motions but for the rote of vertue ioyned with gentleman lie minde whiche not in this only but in manie other actions layes open to the worlde and therfore needles for me to repeate I leaue as I beganne wishing you all prosperity I Know you haue ere this expected my ordinarie letters whiche are to you into Italie from me out of England the remembrers and I hope preseruers of our olde acquaintance I measure you by my selfe for I am most glad to reade his friendly lines whose presence if I might I woulde more willinglie imbrace You may not misdeeme for that I wrote not to you this laste moneth so it is that since my last being with you in Italie and els where at whiche tyme I desired to make my selfe acquaynted with the state of forrayne countries I haue sought aswell to learne what the horse meanes as the carte that is in my returne I supposed I knâ—we all bycause I had seene more than my neighbours but finding myne owne weakenesse being questioned withall of mere Englande wherein for wante of experience I coulde not answere I found I had begon at the wrong ende I ranne to gaze vpon Fraunce and knew not Kent I vewed Spayne and neuer was in Deuonshyre exactly as I thought I iudged of Italie neuer traueyled Wales I came home by large Germanie wherin I supposed I had a pretie sight and yet not able to wade with you how the poore kingdome of Man is sited And as I was ignorant of the seate of this lande so was I further to seeke in the auncient rytes and vsuall gouernment thereof Which considered finding my self a meÌ„ber of that body I sought to mende my wante and to beginne to take a better course rather late than neuer wherefore I haue since my arriuall here endeuoured my selfe to vnderstand mine owne countrie and my Father your well wisher as you know aduised me at my home coÌ„ming to be coÌ„tent rather to learne than teache to be more willing to heare than speake and that quoth he you shall well finde that yong men stande better for the most parte in their owne conceytes than there is cause I am a membre of the graue great and considerate Councell of the Parliament the whiche my rowme I will labour you shall haue this next Sessions if God so please wherein what you shall finde declare at your home comming For wrastelers quoth he thinke themselues strong men till they meete with theyr betters good wits specially standing in their owne lightes for affection sake can abide no disputacion Take the best and leaue the worst and you shall reape in fewe lines the trauels of my olde yeares Reade me this shorte aduice whiche here I giue you and with that retched me a small Booke of his owne hand writing the copie whereof I sende you herewith All this some will thinke needelesse as things not according to our vsuall aduises I so confesse but bycause I meane to leaue the occurrents dayly looked for as newes and to write to you of a case happened of late here whiche tho it be of no great importance beyng the action of meane and pryuate persons yet twoo causes moues mée thereto whiche are these The first for that men willingly heare matters of those with whome familiaritie and acquayntance hath bene Nexte bycause I haue hearde it often spoken that it is euill to belye the Deuill and that I see and heare suche vntrueths spredde abroade and also I muste needes say of some who know their woordes are wrongfully wrested to the great preiudice of the credite of Master Arthur Hall whose companie at Padoa the yeere 1568 you once were gladde of and thought it a contented meeting whiche happened in that towne betweene you two I in companie at Antenors tombe where firste you had sight one of an other is the seconde occasion that I write of this matter at this presente vnto you First assure your selfe that what I deliuer vnto you is most directly tolde without leanyng eyther to the one side or to the other for I haue taken great obseruation in my collections tho some perhappe will thinke the matter deserues no suche trauayle To describe the man vnto you I thinke I neede not your knowledge of him in Italie can sufficiently iudge what he was then you may remembre God hath done his parte on him as wee say in English his capacitie hys sensible tongue at will to vtter his mynde no wante of audacitie of sufficient courage well disposed to liberalitie louyng and sure to his friende secrete where he is trusted and I haue founde hym to haue greate care of his worde not wholly vnlearned with a smacke of the knowledge of diuerse tongues the inclination of the good partes whiche do budde in hym I may not omitte and so lykewise not forget the taches of his mother Eue which I find in him whiche are these Ouerweenyng of himselfe whiche brings many infirmities to the persone whiche is infected with that canker furious when he is contraried â–ª without pacience to take tyme to iudge or doubte the daunger of the sequele as your selfe is witnesse of his dealings at Rome at Florence in the way betweene that and Bollonia and at Bollonia it selfe the yeere aboue named so implacable if he conceyue an iniurie as Sylla will rather be pleased with Marius than he with his equals in a maner for offences growne of tryfles But herein I haue tolde hym my opinion whiche is that sithe he will leane so muche to his owne inclination that God will sende a shrewde Cowe shorte hornes whiche
another in the Palace he plucking his hatte about his eares mumbling the olde wiues Pater noster departed M. Hal had scarcely entred his owne lodging in litle Woodstreate but the Sergeants man was there to summon him Smalley and Kertleton tomorrow to be at the house to whom answere was made they were not Domi Hal gaue commaundement to his folkes to denie his being at home if any came to enquire for him the next day in the afternone the same case was againe argued wherin M. Comptroller Sir Henry Kneuet M. Hatton others fauorably moued for M. Hall and his people â–ª it was sette downe Smalley the Scholemaster must to the Tower but shortly to be deliuered that the SergeaÌ„t should leaue worde at Hals house for the bringyng in of the parties if he neglected the same to proceede with further consultation accordingly SoÌ„monance were giuen the day folowing no man appearing from Hal they tooke in very euill parte among whome M. Louelace thought he was much abused declaring how long he wayted for him to acknowledge the recognizaunce and to see the order of the house performed betweene the Malleries and him 500 markes fine by his consent is litle inough to be set on his head for this contempt A great cantell to be cut out of so small a lose as Halles is that he should by Parliament be disabled for euer to be of that Councell â–ª a harde Censure but motions be no lawes if they had bene nether would the losses haue bene irrecouerable nor the wounde past helpe of surgery Agreed it was that once againe warning should be left for these hiders of themselues and if they woulde not be seene the house should proceede to iudgement The day after M. Hall was perswaded by many of his very good frendes to procurâ— Smalleys appearance which in no case he would be brought to till he was charged that he gaue his worde for his forth-coÌ„ming at al times when he should be demauÌ„ded also that his imprisoÌ„ment should be no loÌ„ger thaÌ„ during the ParliameÌ„t he stoode too wilful in his own determination yet answering those two poynts that he vndertooke for Smalleys appearance So the vij of this moneth at which time iudgemeÌ„t was giuen against him vpon the Sergeants notice he brought him to the house there attended the rising thereof And for his short imprysonment he doubted as the sequele declared he had good cause affirming he would neuer haue condescended to the Awarde of 100 pound but for the shutting vp of al questioÌ„s In the morning M. Recorder brought a bil into the house wherein it should haue bene enacted that Hal should pay the 100. pound to be turned out for a wrangler for euer beâ—ng member of that assemble But multa cadunt inter poculum supremaque labra for at that very instant worde was brought Smaley was at the dore Yea quoth M. Recorder I thought of some suche matter for I gaue knowledge to Mistres Hall of this geare this morning I doubted not but she would sende hir maÌ„ I marâ—ell how he could hit so right but as women be vaineglorious so can they not abide such an infamy to fall to theyr husbandes he doubted not but that M. Hal was as some wiser men than he are content many times to be aduised by theyr wiues Smalley brought from his Master a letter to the house which being deliuered to the Speaker he brake vp red to him self after openly well taken saying he had thought the direction had bene to him I cannot thinke the Speaker so vnaduised but somewhat he meant thereby whiche I know not the Copy therof followeth worde for worde To the Parliament house the seuenth of February 1575. RIght honorable and worshipful my duty mâ—st humbly remembred toward you al I â—am right sory being a member of you who â—aue bent my poore good will towarde the â—ruice of my country among you in all â—outh and plainenesse that vpon opinion â—ceued of me otherwise than I haue giueÌ„â—ause in knowledge of my selfe haue proceeded against me as a â—tranger and not with that fauour as a member of such a body might in good eqâ—itie haue loked for which hath forced me sore to my great discoÌ„tentation to withdraw my self till a time of better fauour assâ—ring your honors and worships al that if my cause hâ—â— hiâ— heard and iudged in a fâ—l courte in the presence of the chiefe of the committees who were absent I should haue abidden your vttermost sentence euen to the losse of al that I had Had I vnderstande that euery sâ—nal error of mine is made an heynâ—us offence as the exceptioÌ„ against certain of the coÌ„mittees for waÌ„t of their good wils towards me is accompted a derogation to the aucthoritie of the house and mâ—ch impayring to their worships and credâ—tâ— an expositioÌ„ truly very harde and in trouth coÌ„trary to my meaning And wheras by the entreaty for the deliuery of my man I am growen in suspition among you and by some in apparant speeches made pertaker of his frauâ— iâ— procuring his owne execution what so euer is conceiued of me I assure you al it is without cause as both my offer may wâ—l declare before I moued the house for his priuiledge which was a hundred pound wherof are witnesses master Iustice Harper and MaÌ„hoode is wel is knowne to Master Sergeant Louelace as also my willingnesse since to submit my selfe to your orders for the parties satisfactioÌ„ of absenting my selfe I pray you consider no otherwise than as of one who is much greeued of your offence conceiued of him and as one that can not endure the continuâ—l herd speeches brought to mine eares much sounding to my discredite as also to see the imprisonmeÌ„t of my seruauntes for whose liberties I would haue bin contented too haue paide so deare I might iustly haue loked for some consideration in respect of the great iniurie offred too my name and credit whereof the quarel first grew as on the other side for a blow giueÌ„ without my knowledge god is my iudge sore against my will. But in al I submit my selfe to your honors wisdomes as one who is most desirous of your good opinions and fauours and wish you good successe in al honorable proceedings VVritten this seuenth of Februarie 1575. Your honours and worshippes to commaund Arthur Hall. THe messenger was called in was committed to the Tower there to lie a moneth then to be deliuered if his Master did in the meane time enter boÌ„d for the paymeÌ„t of the 100 pouÌ„d if not there to remaine til the money were payd if the day expired when it should be answered or the bonde not acknowledged before also M. Hal must pay the Sergeant M. Bowyer 40. shillings for his paines aboute these affayres Here some of M. Hals frends touching this imprisonmeÌ„t reckened without theyr hostes which he forgot not to lay to theyr charges swearing by no beggers that if he had
prisoner and discharge thy suerties Chambers hastely answeared no that he should not whereat M. Mosley was offended and therewith followed Smalley and sayde he would not so do M. Mosley perswaded him to sue to Mallerie for agreâ—ment â—e answeared he had so done and caused it to be broken to the Iudges and that they did make no ende Mosley then coÌ„maunded the Sergeant to the arrest bidding him shew his mace the Sergeant demaunded wherefore M. Mosley gaue him the warrant and read it which done and Smalley arrested Mosley tolde him he was now in a good case to rotte in pryson and loose his eares The Iudges were this afternone to heare what was done touching the laste proceedings and therefore Smalley as a prysoner was had in Guyldhall to attend the comming of them M. Hal came also thether and tolde Mosley that he had done his man wrong to arrest him he beyng of the Parliament who séeming sory therefore excused him self by ignorance and that hee woulde not haue so done for I can not tell howe muche if hee had had notyce thereof M. Hall alledged that he had sente to the Counter to declare the same one of his owne menne beyng in the office when it was done and one Thomas Ulmes an officer also He perswaded talke to be had betweene the Malleries and M. Hall they beyng in the place but greate harte woulde not suffer the parties to meete for betweene curtesie who shoulde beginne prowde menne looked one on an othâ—r till the Iudges came who sette the prysoner was brought in M. Mosley declaryng the exceptions Hal tooke that his man was arrested and desired some ende bycause he was lothe to haue the matter brought in question in the house confessing that Smalley did not willingly yeelde him selfe the administratour was demaunded for by M. Harper who not appearing Andrew Mallerie answeared he had his Atturney and him selfe was he M. Harper asked whether he woulde take execution or no breathing a whyle he sayde if he shoulde refuse it he had no remedie and therefore he must accept it M. Manhoode moued some ende betwéene the parties alledging that the cause was motioned to them bothe before this for that purpose M. Hall sayde that he remayned the man he was and did condiscende thereto so that they woulde very shortly deale therein M. Mallerie also agreed prouided that Hall shoulde not proceede touching the liberties of the Parliament in the meane tyme The next day was appointed for the hearing in Sergeants Inne in Chancerie Lane of all matters touching this question and were compromitted to M. Iustice Harper and M. Iustice Manhood Smalley tooke vp his lodging in the Counter in Woodstreat accordyng to appoyntment the parties mette in M. Sergeant Harpers chamber Andrew Mallerie bringyng with him his brother Richard where M. Hall laying for himselfe the excessiue damages the Iurie gaâ—e and the benefite of the Parliament whiche he meant to trie withall the meane estate of his man the partie also being dead perswaded consideration to be had and the inconsiderate largesse of the liberall Iurie to be mitigated by the iust and conscionable dome of so graue vmpeers M. Andrewe Mallerie did aggrauate the hurting of his brother his often molâ—station by arrestes his charges in the suyte the great delayes therein the daunger Smalley and his fellowes stoode in for the Inditement the aduantage was had for the breach of the recognisance not omitting the question might be made for the death of his brother who died within the yeare after his hurt many speeches paste what woulde be giuen and what accepted M. Hal came to a hundred poundes for the ending of all controuersies tho for the death of Mallerie he made no recâ—ening neyther yet tooke any care for the Inditement The Iustices moued M. Hal to a 〈◊〉 and twentie pounde and woulde willingly haue had him 〈◊〉 to a hundred and ten pounde which he refused laying therfore that the whole condemnation was but a huÌ„dred foure pound and two shillings Thus time spent and nothing done the Chamber court brake vp till the 〈◊〉 M. Hall looked whether his offer would be accepted that mornyng brake the matter of arrest to M. Robert â—el the speaker before he weÌ„t in who willed him to moâ—â— the house thereof which at his comming in he did It was agreed he â—houlde way till the companie were ful shortly after M. Hal tooke this master in hande declaring as much 〈…〉 wherewith 〈…〉 Grant the sergeant and Huyt should 〈…〉 before them the nexte morow According to 〈…〉 Sergeant attended but the other not M. 〈…〉 that the Sergeant was 〈◊〉 〈…〉 had arrested Smalley by Mosleys commaundement declaring worde for word the whole matter at the couÌ„ter and in Mosleys house as ye haue hearde There were appointed by the house sir Nicholas Arnold sir Owen Hopton and Sergeant Louelace committées to examine and searche out the whole dealings of the cause After dinner the two knightes came to Maister Louelace his chaÌ„ber in Chancerie lane at SergeaÌ„ts Iâ—ne the place apointed for the conference wyth whome was also Maister Hall. The speaker sente to the Committées praying them to come to his chamber whiche they did in the Temple there they founde hymselfe Sir Wyllyam Winter mayster Popham a Lawyer and mayster Roberte Snagge maister Mosley confessed hee had caused Smalley to bee arrested and layde nothing for himselfe but that hee knewe not M. Hal to be of the house it was answered him he ought to take notice thereof hymselfe it was proued thereby Thomas Ulmes one of the Counter that Iames Chambers had before the arrest giuen knowledge at the Counter of the same Mosley forced muche that Smalley yelded himselfe yet was it proued that he demaunding him the same question hee aunswered he would not bycause there was some speeche of cantelous dealyng in the matter and that not wholy clearyng M. Hal to suche as are more curious to spye a moate in an other mans eye than a greate blocke in their owne and will not sticke to spende greate time to defame men with vntruthes and no peece of an houre to consider their owne wantes M. Hall declared to the Committées howe hee hadde sente to the Counter worde of his beeing a member of Parliament had caused Smalley to repaire with his letter to the Clerk of the house for a writte of priuiledge howe after the arreste hee was content to put the matter to comprimise and offered a hundred poundes where the whole condempnation was but C.iiij pounde .ii. â— how six pound more had whisht all how after hee staied from the .xi. of the moneth wherein no order was taken till the .xv. of the same aspecting some good ende and giuing the Malleries tyme to breathe sufficiently The Speaker and maister Louelace verye desyrous the matter shoulde be talked of againe the next daye and the rather by cause the Malleries were not nowe there but shoulde haue warning against that time and probâ—e shoulde be
some stiffe on the behalfe of Mallerie that he forced not of the money that he would caste away fiue times asmuch rather than his enimies so terming the Malleries shoulde enioy any thing A charitable man to make a Bishop of that himself was cause he had put the matter to comprimise that he reposed his confidence chiefly in him Sir Henry Kneuet as well he might to whome he was most assuredly beholding praying him in what he might to withstand and restrayne the liberal giuers away of his Coyne In the morning in the Treasury chaÌ„ber by M. Treasurer M Comptroler M Mildmay M. Hatton M. Hopton M. Kneuet M. Winter M Wilson M. Louelace M. Papham M. Colby M. Croke and I thinke Sir Nicolas Arnold Hal and the Malleries were called in where M. Treasurer declared to them that it was agreed Hall shoulde pay a hundred pound to the Administrator of the deceased Mallerie betwene that and the beginning of the next Terme He and the Malleries to release all matters touching the sutes betweene them Hal intemperately sware he would neuer performe the same alledging that some of the CoÌ„mittees were not indifferent neither agreed on by him and being demaunded who they were he tooke such exceptions to he named Sir William Winter M. Wilson M. Popham M. Colby and M. Croke he willed to yeelde his reason which was bicause they were agaynst the matter when the house was deuided he sayde they woulde not in theyr dealings but coÌ„firme their owne opinions M. Winter found him selfe most grieued saying Hal was not to rule his conscience tho he were a better man than he was comparisons be hateful but if betternesse may go by worthinesse in all respects and Hal be his owne iudge he will giue no place to M. Winter tho he be a Knight M. Wilson to whom M. Hal hath alwayes singularly bene beholding and E conuerso the other to him as far as his smal habilitie and good will could stretche was much miscontented that he shoulde be named among the reste to whome Hal sayde that he would committe a matter of far greater importaunce to his handes But for asmuch as in priuate talke betwene them he was so much agaynst the discharging of the prysoner he woulde not haue admitted him a iudge in the cause Well the matter was grieuouslye taken and thereof complaynte some sayde they woulde make to the house by the aduise of Sir Henry Kneuet and M. Hatton muche agaynst Hals will the money shall be payde WheÌ„ the Malleries saw that Hal was entreated they sued also to be at libertie and that they should leaue all things as they found them the Malleries pleased as I think tho they made face otherwise Hal almost mad for anger diuers of the Committees disquieted some to the Parliament others to theyr owne busines departed The vj. of March M. Wilson with vnloked for speeches of M. Hal and his friends coÌ„sidering the frieÌ„dship had bin betwene theÌ„ inueyed in the house hardly agaynst him how he had very warely charged the CoÌ„mitters and that there appeared great fraude cunning in his maÌ„ whose wordâ—s did importe that his Maister was the procurer and Counceller thereof M. Winter M. Snagge with others shotte their shaftes into the same hole M. Treasurer as indiffereÌ„t bare him self M. Mildmay M. Hatton M. Colby and M. Alforde and others directly impugned Wilson Snagges allegacions it was ordered that Hal Mallerie with his Councell Smalley the next day in the afternone should come to the house as it was appointed the parties appeared Hal being within and the others attending without after a bill or two redde M Snagge called on the matter Hal desired that the house might be â—ull and that as diuers inuectiues speeches greatly to his reproch had passed in the same he might cleare him self before as great an assembly or els be condempned of all crauing further that the Committées of the cause might be there who were best acquaynted with it As the request was reasonable so to my thinking it was not refellde for they turned to other billes shortly after came in M CoÌ„ptroller M. Mildmay M. Sadler M. Hatton â–ª M. Snagge must needes on with his chace the abuse of the place was horrible consultation must he had resolution determined and iudgement giuen The speaker stoode vp saying it was very conuenient to know whether Hall and the Malleries would stande to the awarde or no Andrew and Fraunces were called to the barre Andrew besought the house he might be at libertie yet rather then that coÌ„pany should conceyue amisse of him he and his brother condescended Hal being also demaunded of his determination required first to be satisfied in two poinâ—es the first whether it was ordered that he should chuse three or foure for the Awarde the house as many It was answered no tho I know he was and I thinke is of an other opinion the second why without his knowledge after the first Committees named there were more put to them that the speaker and some other denied I suppose of ignorance For true it was neuerthelesse he agreed to performe the Awarde if they would so wishe it tho earnestly he desired the contrary it was set downe the Malleries and Huyt shoulde release and discharge all bondes controuersies and questions dependyng vpon the first quarrell and this great action That Hall should enter bonde in two hundred markes in Recognizance for the payment of a huÌ„dred pound the first of the Terme following M. Sergeant Louelace and M. Recordeâ— were the men shoulde sée this done accordingly M. Meredith of the Temple a man whome I neuer hearde speake before foorthwith called out for the abusing of the house his earnestnesse was great his thrust to punishe abuse much whiche if hee regarded onely without affection sure he deserued commendations tho small thankes of M. Hall or his man for bothe as hee affirmed had couenously fraudulently and cunningly dealt with that Councel and therfore he requested sharpe penaunce for such misdemeanour M. Hal stoode vp to haue answeared hym but sitting betweene Sir Iames Harrington and M. Leyton they pluâ—te hym downe aduising hym to let others firste speake who were in hande to cast licour in M. Merediths fire M. Gente of the Inner temple was at hande to put dry water to encrease the â—ame and M. Frauncis Alforde was ready at one instant with cleare running water to suppresse the inconuenience was lyke to grow The question grewe who was vp firste Gente alledged he was he and woulde not lose his aduauntage clayming the prerogatiue in the same case De lana caprina was the contention he had it Do you remember the inuectiue orations that passed betwéene Tullie and Cateline thankes be to God the matter was not so great Gente is Cicero Halles man muste be an example woe be to hym for so it is sayde his Maister muste not passe frée by his motion yet so good he was to hym that
Saint Hillarie the twentith yere of his raigne of his couÌ„cel it was agreed and also commaunded by the king himselfe it is prouided by a common accorde We wil and graunt that this statute shall take effect it as agreed that such a writ of Indicauit shal not be graunted In the 34. yere of his gouernement and last statuts the first Chapter he graunteth in this maÌ„ner No Tallage or aide shal be taken or Leuied by vs or our heyrs in our Realme without the good wil and assent of Archbishoppes Bishoppes Earles Barons knightes Burgesses and other freemen of the lande The fourth Chapter he sayth thus we wil and graunte for vs and our heires that all Clarks and laymen of our lande shal haue their Lawes liberties c. as when they had them best and if any statutes haue bin made by vs and our auncesters or any customes brought in contrary to them or any manner Articles conteined in this present Charter we will and graunte that suche manner of statutes and customes shal be voide frustrate for euermore In the 6 Chapter where there is a curse set for the not performaunce of the premisses he hath In witnesse of which thing we haue set our Seale to this present Charter togither with the Archbishops Bishoppes c. which voluntarily haue sworne that as much as in them is they shal obserue the tenour of this present Charter in all causes c. Edward his sonne as I finde in your printed booke made many statutes in his first yeare his ninth his tenth his twelfth his fifteenth his seueÌ„teenth his eighteenth in all the whiche he vses the like manner of wordes as for the most parte be recyted before As Our soueraigne Lord the king hath graunted our soueraigne Lord the king willeth and commandeth The king decreeth this is added of new By the kings couÌ„cel Also it is desired that our soueraigne Lorde the King and the greate men of the Realme do not charge c. Our soueraigne Lorde the king intending to auoyde and eschewe such euil oppressions c. By the assent of his prelates Barons and other greate estates hath ordained c. It is prouided by our soueraigne Lorde the King and his Iustices and also graunted vnto the Citizens of London c. And also Forasmuche as some points of the statutes heretofore made hadde neede of exposition our soueraigne Lord the King Edward sonne to king Edwarde desiring that right bee done to his people at his parliamente holden at Yorke the thirde weeke after the feaste of Saint Michael the twelfth yere of hys raigne by the assente of the prelates Earles Barons and communaltye of his Realme there assembled c. VVe will also that this our ordinaunce shal take effecte c. But specially be it commaunded on the behalfe of oure soueraigne Lorde the king by the consent of the whole Realme The measure of our soueraigne Lorde the king was made c. in the twentith yeare of his raigne by some of his nobility and Isabel his queene badde Lords and worse wife as their doings in other cases after declared He was imprisoned and therevpon a Parliament was called wher Edwarde the Kyngs sonne not yet of the age of fourthteene yeares was elected by the common decree king in his fathers rome and in the name of the whole parliameÌ„t as it remaynes in some Authors diuers of the cleargye of the nobility were sente to the quondam King to shew â–ª him their determination who seing no remedie and smaler hope of recouery of his former estate renounced wyllingly when he could do no other his interest and principality If you wil haue this a lawfull and ful parliament I must pray god to kepe vs from many of them bycause of the hardnesse of the example for the king was badlye murdred within lesse than a yeare after and yet you see what words of Aucthority it hath Edwarde the thirde helde the crowne fifty yeares and odde monethes and had in his time 26. Parliaments at the leaste in some of the whiche there was not aboue one statute made and that of no greate importance In the first Parliament the bookes goe vpon certaine petitions and requestes made to him That is the king in the saide Parliament vpon such Articles aboue rehearsed by the common councel of the prelates Erles Barons and other greate men and by the communaltie of the Realme there being by his commaundemente hathe prouided ordained c â–ª the same Sessions at the request of the communalty of his Realme by their petition made before him and his 〈…〉 Prelates Erles Barons and other great men assembled at the sayde Parliament hath graunted for him and his heires c. and so procéedes to graunt and confirme alwaies the liberties of the greate Charter and the Charter of the Forest wherof for the most part there is mentioÌ„ first made in euerye Parliamente in all the whiche fewe excepted hee vses these wordes or such like and specially til his 14. yere in which he had a liberal extraordinary ayde or subsidy graunted hym By the assente of his Prelates Erles and Barons and other noble men of his Realme and at the requeste of the coÌ„mons after many times he puts in The consente of the Commons whole commons ful parliament and that chiefelye when as he obtained of them subsidie Taske fifteenth Disme or custome as if you turne the recordes you shall fynd and yet ofte he names them not at al but hath thus Councel and treatie there vpon had with the Erles Barons and our wise men of our said Realme c. VVe considering c. haue had there vpon deliberation and treatie with the Prelates and the nobles and wise men assisting vs of whose mutual councel it is ordeyned c. ofte putting in vvith the assent of the commons oftner at their request and petition whiche he vses not when they graunted him subsidie Taxe ayde custome fifteenth Tenthes or Lone But then the statutes carried these words VVith the consent of the commons whiche they well deserued And also deedes of congratulation aswel as allowance in termes for like moste liberal dutifull and considerate Subiects I wil thinke willingly did graunte their large contrybutions no larger than often nor ofter than needeful considering the diuers wars of their prince they did ninteene times bestowe towardes his charges their mony helpe if I did put in more as I suppose I shoulde not lye so should I not incurre any offence and that diuers of theÌ„ to continue two yeres thrée yeres sixe yeres A newe kynde of willing duty if you loke how alwayes before like matters in a maner were perforce extorted scouâ— them In Lieu whereof as a gratious prince thankefully accepting their doings as good cause he had â—aue theÌ„ at the least nine general pardons with some exceptions yet not many And whereas for the most part the Wolles of this lande before other commodities were most exacted of in his 36
for affection you stretch a string you cannot be excused for tho it carry some shew to beare with your friende yet is it none indede for your Country is the only marke you must shoote at As for particulars they are not incidente to the cause Aristides termed the Iust was so precise in the time of hys gouernement of Athens that hee auoyded the amity and familiarity almost of all bycause he would not be entreated by any to do vniustly Cleon whē he toke the charge of the common wealth vppon him called al his friendes renounced their friendships alledging that amytie was a stop many times to the right course of Iustice he renounced affection he cryed out of enuy he detested too wel standing in hys owne conceite Another waye Sir Thomas Androwes a worshipfull Knighte of Northampton Shire was by a yeomanly man his neyghbour thoughte to be sometime to much affectioned to the matter he liked wel to whom he brought a great Brawne the seruaunt letting his maister the knight vnderstand of thys present retourned him to knowe the giuers name which hearing he coulde not cal to remembrance any suche but forth he comes the presenter doth hys errand prayes his maistership to take in good part this poore pigge and with very lowe cursey wishes it better Sir Thomas sawe the Swyne was good with mustarde accepted the gifte demaunding his neighbour why hee was at that coste with hym sith he neither knew him nor euer had done him any pleasure True it is quoth he with a long leg in his hose neither will I require you too doe mee any But I bestowe thys hog on your worship that you shall do mee no harme Here is a new kind of Brybery which this country man was driuen to as he thought by the parcial affection he feared in Sir Thomas The like in effecte fell out betwene an Essex farmer and maister Anthonie Browne in Q. Maries time a whyle chiefe iustice of the Common pleyes a man of good spirite and wel read who hauing vsed the helpe of his neighbours towards hys building besides Burnedwood till they were weary and denyed further supply the house must vp my Lords Balife wil haue carts for loue or money and so he offers largely both the tourne is serued my friendes Carters must al dine out comes the stewarde willing such as bounded for good wil to come feed in the parlor and the mony people too hinde it in the Hall my farmer at the Oyes went and walked his stations abroade being demanded whether he woulde be a gentleman or a yomen he saide neither in thys respect for quoth he for good wil I do it not for I owe him none nether for money for I force not of so much but for feare and therefore I see no rome for me I pray you aunsweare mee if you had a matter in lawe before any iudge in Englande and hee shoulde either by corruption or blindefelde affection wreste a pin againste you and ouerthrowe you contrary to iustice woulde you not iudge hanging too good for suche a coyfe manne yes assuredly Then in the parliament where you sitte to make Laws wherby Master Iudge himself al the rest are to be gouerned if you be brybed w pelfe or led by liking of a perticular to beguile your trusters to bynde and poll innocents to wrong the righteous and to set the welfare of your cuntry at nought If Cambises pluckte the skinne ouer Sisamnes eares for lewde iudgement in particular causes what fleying and torment is not too good for the corrupt lawmaker who is supra iudicem If malice and enuie shall so reigne in you as to disgrace the holsome aduices of your countrey you wil refuse the matter bicause you fansie not the man and cauill without cause not onely to haue the motion reiected but also the partie deseruing well vnsemely to be barked at not only by your self but by other pupsies of your own heare the like detryment as before shall happen too your country Yea and more infamy if more may be shal lyghte on you if it so were that vnkindnesse or rather implacable wrath yea the Northern deadely fude were betwene you some other ye ought to come to the Parliament counsell lincked in amity sounde in fidelity and perfect in sincerity one with an other and as a teame of horses must draw all togither so muste you wholly ioyne too your businesse There are many times vnruely Iades vnagréeing and lāching one at another being out of their gares but in the carte they fal to as they should else he that loyters most or playes to much the gallāt is wel lambde for his labor cōmes home as weary as the rest is vp in Royles stable if he sooner mende not his manners Maister Miller must haue him who will coole hys courage with halfe a dosen Sackes on his backe and he on the top The weight shall make him amble and manerly tread and sooner he shal be laide on for groning than for kicking so if malice and displeasure to others shal make you to stomack them abrode yet in counsel for your country draw together else wil you be ready for the Miller who wil lay harde hande on you I meane the honest and wise meaning gentleman not by batting but by condēning your vnruled apetite and lamēting your mayme The serpent for so are all venimous things named that crepes on the Earth when for breede sake at the water side he séekes out the Lamprey hee firste puts forth hys poyson and as nature hath taught calles to whom the Lamprey as willing comes forth The acte of their kinde performed she to the flud he to the Earth taking vp againe his venom returnes which if perhap hee finde not present death ensues Here do you see that of all creatures the vylest and most accursed doth in daunger of hys life put aside the whole substance of the same by purenesse and cleanenesse to associate hym self with that Creature whom he wel knowes doth not holde of his mixture and wil rather venture his owne vndoing than hinder that which naturally is appointed If the Serpent doth thys following but onely a course by kinde and is allowed of How much more is a Parliament man who by nature by the commaundement of God by the profit redownding to hymselfe the duty to his Prince and country bounde too vomit vp and to bury in the greatest déepes that consuming pestiferous canker of Malice by the which so many mischiefes light vppon the Lampreys good soules that thinke no harme This Serpent is venimous from the beginning the lacke wherof is his ende Man by the first fall proceeding by the delusion of the Serpent is subiect to intemperate choler hate despite enuy many weaknesses more yet this subiection brings no such necessity y malice is so incorporate in a man as the poyson in the Serpent for the one cannot haue being without venome the other most quiet and
but thinke how little good they do what great paines they take how they wery themselues and others how men smyle at their follies and they sée it not sure they are alwayes of the wise vsed as Aristotle vsed one who with a long proces de Lana Caprina had pattred vnto him in the ende quoth he Sir I haue thus troubled you with my spéeche not a whit quoth Aristotle for I toke no héede to any word you spake Demosthenes was an odde Orator of hys time as his Orations nowe extante do very wel witnesse and would you not thinke that he that found fault with theÌ„ for length wente aboute to finde a knot in a rush yet Phocion was prefered before him whose workes more the pity we haue not for his short compendious substanciall and sounde spéech If Demosthenes be long who is short to speake of our common talkers Againe there are diuers other very graue wise learned and perfect deeming men who neuer or verye seldome speake in parliament of which some I haue knowen my selfe and lamented their dumnesse bycause their spéeches I am assured most plentifully wold profit our coÌ„monwelth The men I honor for themselues but more for the good parts in them which sith god hath so liberally bestowed I woulde beseech theÌ„ and al others able to speake not to put their lights vnder a Bushel Pithagoras made a lawe that the tongtyed man who could not speake should be driuen out of the state and then with reuerence I write it what blame are they worthy to haue who can and wil not and in that place wher most néede is whereby their vttrance most fruite may begathered and their ability most able to performe it As no man can commend a yong experienced man who shall put foorthe himselfe in counsel to shewe his opinion before the aunciente and yeare beaten fathers so what good minde wil not greue to sée the studied Doctours still and the Children dispute in matters of greate weight both doth well Do not mistruste your own hability as Thophrastus did who taking vpon him to play the Oratour when he came to it coulde not vtter any one word You speake among your countrymen you speake for your countries aduauncement and like a CountrymaÌ„ of the wisest you shal bee accepted Although happily all things should not fal out so point deuise as either you wish or others loke for Isocrates that famous Oratours childishe timerousnesse who can allowe of who in Concione neuer durste open his lippes As this maidenly bashfulnesse is to bee diswaded so againe Cicero the Dad of the Romayne eloquence his carful heade is to be followed who with a warely feare entred OratioÌ„s The erst named Pericles vnwilling spake publikly yet neuer ommitted his furtherance where it coulde profitte his Country Wherfore as dainty regarde of spéech is to bée imbraced so dumnesse according to Pithagoras is vtterly to be bannished If you wil not speake dare not or cannot let another haue place England is no graunge it can sufficientlye supply Parliament men Thus as you sée haue I tumbled my tubbe and founde my selfe occupied to lay before you with good meaning whereout I truste you may reape some profit â—he notes minded in my passed yeares and now for this present called to remeÌ„brance I beséech god you al of this counsel of Parliament both now and alwayes hereafter in all causes and at al times may be lincked in one concorde frendship and amytie imbracing and respecting the wealth and estate of your Countrey that experience learning and wisedome abounde in you that your heartes be of flynte not of waxe wherin threats may not enter fayre words haue working nor briberie leaue print priuate affections to bée quite vanished malice and furie vtterly forsworn selfelyking detested vaine bablatiue speeches cryed out of needfull words and tymes obserued and tended and finally your trust as becomes your lykes discharged wherby religion shal be stablished and maynteyned the Prince strengthned and assured the Nobilitie honored and encreased the meaner sorte merelye enioy their labour with duetifull mindes to serue wyth body and pursse their country and king and with acknowledging due honour to their Péeres which wil make not only â— present age but our posteritie continually to sing Te deum Hosanna in excelsis for the pleasaunt and adamant state which England dwellers may iustly vaunte off which to graunte and continue in seculum seculorum God sende Amen FINIS Brute Mulmutius Gurgunstus Martia Lucius Seuerus Constantine Vortiger Hengist Arthur Cerdicus Ida. Ella Sebertus Penda Cadwallader Inas Egbert Danes Alured Edwarde â–ª Athelstane Edmunde Edgar Ethelred Edmunde Edwarde William Conqueror Henry 1. Stephen Henry 2. Richard â–ª 1 Iohn Henry 3. Edward 1 Edward â— Edward 3 Richard. 2 Henry 4. Henrie 5. Henry 6. Edward 4. Richard. 3. Henry 7. Henry 8. Edward 6 Queene Mary K. Philip. Queene Elizabeth