riches by reÌ„tys in maner innumerable of the abbaylandys deposed which was ryghtfully done for which cause I say his grace is bound to study some way that part of the yockys of his subiectes may be eased as I think no one way better than this In as moch as men be naturally geuyn to troble one another and comonly the wydow and fatherles and such as lack riches and fryndes be put euer to the worst by reason that the rich filleth the purse of the lawyers which the poore is not able to doo and therfor his cause is not heard for comoÌ„ly the lawyer can not vnderstond the matter tyl he fele his mony For this cause I say I wold wissh that such as preach before the kyngs grace his councellers also wold moue him by the way of petycyon to put part of the landes to some godly common welth As to geue a stipend to all and euery man of law that sytteth a Iudge or pleaâ—yâ—h at the barre in any of his high cowrty thorow the reame that euery one may lyue according to his office lyke a lawyer and not lyke a lord as thei doo with such goodys as thei haue goten by robbyng the pore I meane not but that the suters shal pay for writing all things but for councel or for his pleating to pay nothing And wrytings also had no tytle nede to be loked vpon for in diuerse courtes for writing one syde of a shete of paper in which shal not be past x. or .xij. 〈◊〉 he wil haue .ij. grotys where as .ij. pense were to moch Wel to the purpose aforesayd and that the lawyer shal take no peny of no man I meane neyther the iudge nor the pleater at the barre in payne of losyng his right hand and to be banysshed from pleating for euer Which wil be an occasyon that the pore shal be heard as wel as the rich than wold heâ— discorage men to troble their neyhbers wroÌ„gfully where now thei be maynteyners of discord for their priuate lukers sake which pruate lucre of the lawyers is a bayght to sett men together by the earys in the lawe Of the cruelnesse and suttyltes of the augmeÌ„tac on and escheker cete The x. chapter OH that the kings grace knew of the extorcyon oppressyon and brybery that is vsed in his ij courtys that is to say of the augmentacyon and of the escheker but specially of the augmentacyon There hath bene moch speaking of the paynes of purgatory but a man were as good in a maner to come in to the paynys of hell as in to eyther of those .ij. courtys For if the kyng haue neuer so lytle enterest all is ours So by the suttyâ—â—y of the lawe for their oun aduantage thei make many tymes the king to roble his subiectys and thei robb the kyng agayne Take for an exemple loke vpon the clarkys of eyther of these courtys At his incomyng he shal bâ—yng in maner nothâ—ng but penne and Inck and within a litle space shal purchesse xx.xl.l.ij or .iij. hundreth marke a yere Well it is a comon sayng among the peple Christ for thy bitter passyoÌ„ saue me from the court of the augmentacyon I haue knoune dyuerse which haue spent moch mony in that court and yet at length thei haue geuyn ouer their matters and had rather lose all their expensys than to folow it so endlesse and so chargeable is that court And there is such oppressyoÌ„ and extorsyon in those .ij. courtes that all the subiectes of the reame so farre as thei dare crye out vpon them Of the prolongyng of the lawe and of certen abuses of the same The xi Chapt. OH lord god who loketh for any brefenesse of sutys in the lawe but meÌ„ be differyd from tyme to tyme yea from yere to yere drawne owt of such a length with prolongacions and be at such charge that I know many men which haue geuyn ouer their right rather than to folow the lawe so profitable is it to the lawyers to the gret daÌ„mage of the comon welth yea euyn in the comon lawe be there gret abuses and amongst many other this one I note that the playntyff shal many tymes spend as moch as the matter is worth before the defendant shal make him answer This no dowt is an vndoyng to the poore and a defense for the rich for in so long hangyng before he can come to any poynt the rich man weeryth the pore Cut shorter your processe for shame for that myght well be determyned in one terme which ye doo in .iiij. And now a dayes the lawe is ended as a man is frynded yea and euyn in the chansery there are many abuses and among other this is one that the defendant shal be sworne vpon aboke and shal swere falsely and so it shal be fownd by the cowrt and the matter shal passe agaynst hym with the playntyfe so that the court seyth by their own sentence and iudgement that he is periured and yet is there no punysshment for periuring in that case And why All for the profyght of the court For if periury were punysshed in that case as it shuld be in thâ—t and in all other than shuld the court lose a gret somme of mony in the yeare For than wold but fewe men so boldly defend wrong causys as thei doo but wold seke to agree with their playntyfes and pay their due and make recompense for such iniurys as thei commyt I dout not but if my lord chanceler dyd ponder wel this matter he wold be the first that shuld procure a remedy for it A nother thing also worthy to be loked vpon is this O lord how men be tossed from one court to another yea and that for smal matters and in manyfest and playne causes euen vpon a playne obligacyon This matter is surely nedeful to be loked vpon Make nor admytt no iudge to sit in any court onles he be able righâ—fully to iudge any matter or cause that shal be commensed in that court And being sufficyâ—nt to iudge such causes what shame is it to remoue it from that court to a nother as though the kyng were more strongar or more iuster in one court than in a nother which surely is nothing but a bucler and defence for the wicked and rych to prolong delay and to wery hym that is in the right Make no iudgys therfore I say but such as be godly lernyd and able to iudge betwene man and man And let all thinges be finysshed in that court where thei be begonne onlesse men appeale in cause of life and death or fâ—r gret and waygthy matters which may be brought to one head court of the reame And to haue no remouyng but to that one court as it was in moyses tyme. Breake down some of your courtys for ye haue to many being so fylthyly mynystred The court of the marshyalsee I can neyther thynct speake nor write the slendernesse and vnreasonable chargys of that court
that euery maÌ„ may haue pound an pound a lyke as farre as his goodys will goo leauying him some what as the lawe shal thynck good And this lawe shal be both neyhborly and godly That the rulars of the erth owght to sytt in the gatys ce The xviij chapter ANother thing mete for all rulers euyn from the lowest vnto the hyghest to consydre and redresse is thâ—s Alas how long shal men wayte and geue atteÌ„dance vpon rulers before thei can come to the spech of theÌ„ And how many porters be there also to stoppe meÌ„ from commyng to their spech whan he is past one he shal be put back at the second Or if he passe the second he shal be returnyd at the thyrd onlesse he be rych or haue great fryndys Oh ye kyngs and rulars for the loue of god that ye shuld haue to him that both made us of nought and whan we were lost by our synnys redemyd us with the blode of his sonne study the scripturys and there shal ye see that iudgys rulers yea euyn the kyngs saâ—e in iudgement in the open gatys as apperyth in the second of the kyngs the .xix. chapter Deuteronomy the .xvi. the second of Esdras the thyrd chapter And why sate thei in the gatys but that the peple yea euyn the porest might come and open vnto the kyng his own cause Than were there not so many rych lawyers which be the poyson of the lawe For the reuerence of god ye kynges and rulers eyther sytte in the â—pyn gatys agayne or else let your gatys yea euyn all your dorys euyn to your pryuy chamber be wyde open for certen howrys and that euery day in the yeare euyn on ester day and all other dayes if nede requyre as thow mayst perceyue Exodi the .xviij. Iudge the peple at all seasons ce And consyder what qualytes a iudge or a ruler shuld haue their must be meÌ„ that feare god and that are true and hate couetosnesse as is descrybed in the same .xviij. chapter How many such rulers be in Ingland Yea thei shuld also iudge the peple rightuosly Thei shuld not wrest the lawe nor knowe any parson nor yet take any reward for gyftys blynd the wyse and peruert the wordys of the rightuos as it foloweth in the text Heare ye may se that it is nedeful as I haue touchyd before that iudges and all other pleaters in courtys haue stypendys of the kyng and there vpon to lyue For here ye se that the scripture sayth gyftes peruert the wordys of the ryghtuos that is to say for the gyftys sake thei wil not se the right of the pore and so thei turne right in to wrong wherby the pore be often oppressyd In dyuers cyteys of Germany as namely in Argeâ—tyne the iudgys and lordes syt opynly euery day in the yeare in their towne howse saue only on the sunday and than also if nede requyre And there thei eate coÌ„tynually their dynars and suppars so long as thei be in offyce bycause thei may alway be present to heare the complaynt of the poore yea euyn the porest man in the cytye or contry may boldly come in to their hall or stoue thei being at dynar no man so hardy as to take them by the sleue to lette them from the presence of the rulars And there may he open his matter hym self withowt his chargeable man of lawe And he shal be haard and shal not be answeryd Tary syr knaue tyl my lordys haue dyned O noble Germanys god hath made yow a lyght vnto all rulers in the world to rule after the gospell A godly admonycyon for the abolysshment of dyuerse abusys that gods glory only may be sowght The .xix. Chapter HOw can that councel seke a godly reformacyon of things misused whaÌ„ the councel it selfe hath wickyd pryuylegys Wherfore acording to Christes commandment Mathew the .vij. plucke owt the beame of your owne eyes first than ye shal the playnlyer se the mote in your neybhors eyes Se that ye breake first soch vnneyhborly vnbrotherly yea and vngodly priuylegys as ye your seluys do enioy agaynst right and conscience than shal ye the better se to seke the common welth Ye haue a preuylege which is this that if a lord a knyght or a burgesse of the parlament howse or any of their seruaÌ„tys owe vnto any of the kings subiectys any somme of mony be the detter neuer so rich and the credytor neuer so poore he shal by the preuylege of the parlament not pay one peny so long as the parlameÌ„t enduryth be it neuer so long Or if any of them or their seruantys haue done to any man any trespas or iniury he may not also troble them What is this but a mayntenance of wyckednesse And how can wickydnesse abolyssh wyckydnesse but rather increase it For the lordys sake loke vpon these thynges and folow the councel of s Austen let custome gyue place to the truth so that the truth may rule all things Also ther is another thing worthy to be loked vpon which is this Many noble men geÌ„tyl men retayne seruantys neuer gyue them peny wagys and scant a cote for some be fayne to pay for their owne cotys and spend all that thei haue of their owne and of other mennys also hopyng vpon some reward And whan he seyth that all is spent than he wold depart and dare not And gay he must goo lyke his felows and now his fryndes fayle hym what remedy forsoth shortly euyn to wath for abowget Another sort there is and thei be lyght ryding men all ready and thei wil lyue lyke gentyl men And for hâ—s buclar or shyld he wil seke to be retayning to some noble man or gentylman that bearyth rule in the court or contry though he pay for his own lyuery And the noble men and gentyl men which shuld be the ponysshers of theft be the chefe maynteyners of robry bi this meanys often thei robbe be not taken but in case he be taken eyther he shal haue fauor for his masters sake or els bragg it owt with a carde of x. ye euyn face it owt that neyther the playt yue nor the .xij. men dare cast a thefe Or if all this wyll not helpe than procure thei the kinges pardon Oh noble rulars ye that be Christen in dede take hede that ye abuse not your auctoryte receyuyd of god for if ye hang one that hath offendyd the lawe and pardon another be ye not than parcyall And no dowt if ye pardon a thefe of a morderer and thei coÌ„myt that offence agayn so be ye partakers of their wickydnesse For why if ye had done iustyce afore that offence had not bene commytted Well make a prouyso that no noble nor vnnoble man shal retayne any of the kyngs subiectys withowt lauful wagys And sett a penalty ther vpon More ouer In as moch as it is open vnto all the world that we haue long walked
A man consydering that he shall vndoo his wife and childerne it shal cause hym to esch we that euyl which he preteÌ„dyd To the which I make answer what man is he lyuyng although he loue his wife and chyldren as wel as euer did man that will passe more or as moch vpon the wordly goodys of his wiffe and childerne as he will doo vpoÌ„ his own life I say no man lyuyng nor that euer lyued and thow art a flaterer and a dissembler which defendyst this cause or any other lyke vnder such a pretense And thow art a stablissher of wicked lawes And where as thow alledgyst if the childern and sâ—ynd shuld enioy the goodes and landes thei myght haply reuenge their fathers death to that I answere pray thow to the lord god all true subiectys with the that he wil gyue grace to the kyng to walke in his vocacyon to vse and exercyse his offyce to lyue in the feare of god sekyng gods glory only settyng forth his blessed word and for the comoÌ„ welth to make and stablissh polityck actys depending of the scrypture and to make none but such as may be grownded vpon gods word and than for my life though the child and all his kynred with hym hauyng .xx. thowsand to them rebell neuer so moch the kyng shal not nede to feare For god will defend hym and not his owne powr euyn as hedyd many tymes kyng Dauyd agaynst Saul as it is to reade in the bokys of the kynges And haue we not examples at home how mercifully dyd god quench the fury of the peple in the tyme of the coÌ„mocyoÌ„ in the North I pray god that we be not vnthanckful for that delyuerance and such other Wherfor I say let us pray that the kynges grace may walke as is a fore sayd and he shal not nede to feare all his enemys for god shal be his rock shyld and defender But contrary wyse if he cast of the lawe of god making wicked lawes and stablisshing them wherby gods glory is mynisshed and the pepyl of god oppressyd than let hym feare For if god be determyned to plage hym though he kyll not only those which be traytors agaynst his grace but also their childern kinred and fryndes thereto it shal not help hym For god shal sturre vp the hartys euyn of his own fryndes agaynst him from which thing god defend him Of the inclosing of parkys forestys chasys ce The iiij Chapt. OH lord god that it wold please the to open the earys of the kyng lordys and burgessys of the parlament that thei may heare the cryeng of the peple that is made thorow the reame for the inclosing of parkys forestys and châ—sys which is no small burden to the comons how the corne and grasse is destroyed by the dere many tymys it is to pytyful to heare It is often sene that men ioynyng to the forestys and châ—sys haue not repyd half that thei haue sowne and yet sometyme altogether is destroyed And what laÌ„d is your parkys be not the most part of them the most batel and fruteful grownd in Ingland And now it is come to passe by wicked lawys that if a man kyll one of those beastis which beare the mark of no one pryuate person but be indifferent for all men coÌ„myng vpon his own ground deuouryng his corne or grasse which is his lyffâ—lod and yet if he kyl them vpon his oune ground being châ—â—e or forest it is felony and he shal be hanged for it But what sayth the prophete to the makers of this wicked act and such other lyke Woo be vnto you which make wicked lawys cete To wryte of what vnreasonable length and breddyth thei be it is superfluos the thyng is to manyfest god grant the king grace to pul vp a great part of his oune parkys and to compel his lordes knyghtys and gentylmen to pull vp all theirs by the rootys and to late out the ground to the peple at such a resonable pryce as thei may lyue at their handes And if thei wil nedys haue some dere for their vayne pleasure than let them take such heathy woddy and moory ground as is vnfruteful for corne or pasture so that the coÌ„mon welth be not robbed and let them make good defeÌ„ce that their poore neyhbors ioynyng vnto them be not deuouryd of their corne and grasse Thus shuld ye do for the erth is the poore mannys as wel as the rych And ye lordys se that ye abuse not the blessing of the ryches and pour which god hath lent you and remember that the erth is the lordys and not yours for ye be but stewardys and be ye sure that ye shal gyue account vnto the lord for the be flowyng of your ryches And to you burgessys seing such thynges wyl not be reformed but only by your pour and auctoryte I say to you as in the beginnyng Consyder whereunto ye be called and for what purpose not for your oune particular and pryuate welth nor yet for the kynges in any thing preiudycyal to the comon welth Of the sellyng of wardys for mariage wher of ensueth adultery which owght to be ponysshed by death The .v. Chapter OH mercyful god what Innumerable inconuenyencys come by sellyng of wardys for maryage for lucre of goodys and landys although the partyes neuer fauor the one the other after thei come to discrecyon to the great encreasing of the abhomynable vyce of adultery and of dyuelyssh dyuorcement which hath of late bene moch vsed Now god confound that wicked custome for it is to abhomynable and stynkyth from the erth to heauyn it is so vyle what myschefe hath comne of it it is to well knoun to many men I nede to wryte no furder therein But for christys blode sake seke a redresse for it and consydre that ye be called to the parlament for such purposys And further yet that be godly burgessys and of Christes congregacyon consyder that euyn the same god that sayth thou shalt not steale the same god sayth also thou shalt not commyt aduoutry He that stealyth is hanged why ought not he also to be hangyd that coÌ„mytteth adultery Wel though that vyce reygnyth most aboundantly in noble and rich men and in the popys shauelings most shamelesly which shame to take them honest wyues of their oune I say to you that be godly lernyd although it raygne chefely in such parsons shame ye not nor feare ye not to make it felony indifferently to all men loke you euer to your offyce wherunto ye be called and seke to discharge your oun conscyence that ye may gyue a good accounte at the day whan ye shal be reygned at the iudgement seate of god to receyue iudgement according to your dedys Of the iniuryes done to the coÌ„munalty by the kyngs takers ce The .vi. Chapter OH my hart is heuy to see the great yocke that is vpon the comoÌ„s by the parcyal act of raâ—yng of vytellys which
is most greuous euyn to the poore sort which ratys were made whan rentys went at a moch lower pryce for that which went for .xx. shillyngs than goyth now for .xl. fyfty â–ª yea iij. pound and aboue in many placys as I haue touched in the fyrst chapter And therby all things must nedys ryse to an high pryce And yet this by reason it toucheth the profight of the king and of the higher powers must stand still in effect to the most gret daÌ„mage of the â—ore And if the robry of the puruyers were knoune which bye .iij. tymes asmoch as seruyth the kyng and selle it agayn to their oun aduantage thou woldyst say there were no such robry and this is vsed in all maner of thinges For if a man haue but a copple of hâ—nnys and come to the market with them if these puruyers mete him thei shal take them from hym by force and gyue hym for them what thei lyst Lyke wyse if a man haue a good dogg or hound it shal be taken from him with out any recoÌ„pence in the kyngs name whan the kyng shal neuer see them Is not this a myserable thyng what is it lesse than robry And if the kyngs grace sawe the actys of the most part of his puruyers I am sure his grace wold cause a great sort of them to be hanged as thei haue deseryd What a pyllage is it to the pore that not so moch as the poore butter wife but she is spoyled and that which standeth hyr in iij. halpens shal be taken from hir for â— peny dyssh and all and yet she shal not haue hir redy mony neyther but a taly and somtyme neuer payd lyke wyse .ij. pens for an henne that standeth hir in .iiij. and aboue And further more what hart doth not consyder that euin as men must leaue their plow and haruest to serue the king with their cartys so is it reason thei shuld haue a resonable wagys What is ij pens for a myle consydre ye rulers about the kyng and ye that wyl be counted godly burgesys in the parlament Thei had bene better to haue seruyd the kyng for .ij. pens a myle ouer .iij yerys than now for .iiij. pens Oh lord open the earys of them that shuld heare and redresse this matter Of the suttylty of seruyng of wryttes The .vij. chapter IT is a wonderos great abuse being a great troble to all the kyngs subiectes but specyally to the pore gret nede to be redressed that whan a pore man hath long suyd a gentylman being a lawer or a man of any substance or frendshyp in the courte or of any suttyl wytt and hath obteyned iudgement and a fynal end in the comoÌ„ lawe and is come to the poynt that he must haue a wrytt to attach the body of his defendant alas how many wayes yea how many gyles and suttylteys be there to auoyde and escape the seruyng of the kyngs wrytt Fyrst one wrytt may serue but for one shyre as though the kyng were lord but of one shyre But I demaÌ„d why may not one wrytt serue in all shyres yea in all placys vnder the kyngs domynyon whersoeuer he or hys may fynd his defendant surely ther is no godly reason why to the contrary but euyn the only priuate welth of sotle lawers And as farre as I can lerne one wrytt lasteth but for one terme and the nexte terme he must be at charge to come vp or at least to send sometyme .iij. or .iiij. hundreth myle for another And why shuld it not stand in his ful strength tyl it be seruyd No why but the why a foresayd Agayne no man may serue it but the sheryff of the shyre or his man and so many tymes it is sene that the sheryff or his man and sometyme both playe the false shrewys in geuyng the party warnyng to kepe him out of the way or to goo into another shyre tyl the pore man or his frynd be out of the contry or tyl the date of the writt be exspyred Alas why is not euery man a shyryffe in this case as wel as euery man is abayly to attache a felon sure there is no cause why but that it is not the profyght of the shyryff or els that meÌ„ be not studyos to make lawes for the profyght of the comoÌ„ welth Oh the innumerabyl wyles craftys sotyltes and delayes that be in the lawe which the lawyers wil neuer spye because of their priuate lucres sake wherby the comon welth is robbed Thei be almost as euyl as the wicked bisshops and prystes of Antichryst saue only that thei robbe us but of our temporal goodys and not of our fayâ—h Of promoters which may wrongfully by the law of Ingland troble a man cet The viij chapter HEare another as euyl as that or worse What an vnresonable lawe is this that it shal be leful for any wicked parson to commense an accyon agaynst any true and honest man in as false a matter as can be diuysed And if the case be soch that the kyng haue any enteresse in the matter or that it any thâ—ng toucheth the kings profighâ— although it be found false by the lawe and that the lawe passâ—â—h with the true honest man yet the villane promoter shal not only escape ponysshment worthyly deseruyd but also shal pay no pâ—ny to the pore true mans châ—rgys And why because it toucheth the kyngs profyght as though it were lawful for the king to robbe or troble hâ—s subiectys wrongfully Oh wicked lawes how crye all the prophâ—â—ys agaynst them and the makers of them whâ—rfor be ye lernyd ye men of the parlament that ye may see to reformethes so wicked lawes lestly be partakers in reward with the makers of them lest at length as the prophete warneth â—he lord be wrath with yow and plage yow that ye perissh from the right way c. Many lawyers and other wil make obieccyoÌ„s to this and say it were no reason thei shuld be sewyd for it is a comon welth wherfor the kyng shuld pay no chargys To whom I answer as thow at blynd in gods word so is this a blynd obieccy on Admytt that it were a comon welth If the promoter sue in ryght and the defendant be cast no dowt the kyngs part is recoueryd euery peny if the party be so moch worth well than let the gaynes of that which is recoueryd beare the losse of him which is wroÌ„gfully sewyd And this is to be consyderyd because the promoter payth no charges though he be cast it is a gret coragyng to hym to troble his neyhbor for he knoweth the worst is to beare his own charges That all iudges and pleaters shuld lyue vpon a stypend cetera The .ix. Chapter NOw wold I wish a thyng wonderos nedeful to the common welth yet by the way of petycyon although the kyngs grace be bound in conscyence so to doo that in as moch as his grace is come to gret