Windsor by the way were too too vnkindly vsed of the Londoners The king Lords fel to agreement as Fabian writes were coÌ„tented to be ordered by the doome of the FreÌ„ch king who they agreed to be iudge betweene them the king giuing sentence the Barons refuse and fal to war. The yeare following the King his brother and sonne were taken in the Battayle at Lewes by meanes whereof the king grauntes a new the confirmation of the former statutes till matters accordingly be perfourmed Prince Edwarde and the king of Romaines sonne remaynes pledges wyth the Barons The 49. yeare Prince Edwarde being deliuered a Parliament or rather a counsell bycause I finde no statute thereof was helde at Winchester and all matters and decrees passed at Oxforde were vtterly vndone reuoked and called in and all writings and assuraunces sealed for the same were cancelled defaced You haue certaine statutes concluded I thinke at Winchester in your firste volume made in the yeare 51 of thys king in all the which you finde no other wordes for the moste parte but the king willeth or he commaundeth Unlesse hee firste alleadge an inconuenience happened which to redresse he vses it is therefore prouided and ordained The yeare after there were certain statutes passed at Marlebridge or Marleborowe wher you haue this beginning The yeare of grace 1267. the. 25. yeare of the raigne of king Henry sonne of king Iohn in the vtas of Saint Martine for the better estate of the Realme of England and for the more speedie administration of iustice as belongeth to the office of a king the more discrete men of the Realme being called together aswel of the higher as of the lower estate it was c. in all these statutes no word of enacted or ordained by the aucthority of this presente Parliament c. is founde but it is prouided and agreed whiche shal be and shal not bee as the matter which is stablished doth importe In the ende of these lawes and decrees and conclusion of agréement béetwéene 〈◊〉 king and his subiectes the Bishoppes doe pronounce aâ— men accurssed who shall go about to breake infringe or alter the liberties and free customes conteyned in the Charts of the coÌ„mon liberties and of the Forrest c. The preamble to the which Charters is in this manner Henrie by the grace of God c. To all Archbishoppes c. our faithfull subiectes greting know yee that wee vnto the honor of almighty god and for the saluation of the soules of our progenitors and successours kings of Englande to the aduauncemente of holy Church and amendement of our Realme of our mere and free will haue giuen and graunted c. Edwarde his sonne confirmed these Charters graunted by hys father and the thyrde yeare of his raigne helde a Parliament wherein were made diuers statutes and thus it saith These be the actes of King Edward sonne to King Henry at the first Parliament general after his coronatioÌ„ on the Monday of Easter vtas the thirde yeare of his raigne by his councel and by the assente of the Archbishoppes Bishops Abbots Pryors Erles Barons and al the comunaltie of the Realme being thether sommoned c. And for diuers considerations named the booke sayth The king hath ordeyned and established these Actes vnderwritten whiche he entendeth to be necessary and profitable vnto the whole Realme And in the first Chapter First the king willeth and commaundeth c. The yeare following other statutes were set downe by this Auctority In the presence of certaine reuerende fathers Bishoppes of England and others of the Kinges councell the constitutions vnder written were recited and after hearde and published before the King and his councell for asmuche as all the kinges councell aswell Iustices as others did agree that they shoulde bee put in writing for a perpetuall memory and that they shoulde bee stedfastlye obserued The next yeare hee made certaine lawes at Gloucester and hath thus For the great mischiefes c. Our soueraign lord the king for the amendmet of the laÌ„d c. hath prouided and established these Actes vnderwritten willing and commanding that from henceforth â–ª they bee firmely obserued within this Realme In the ende of the Chapters of the same ParliameÌ„t there is an explanation of it termed Expositions vppon the Statute of Gloucester which begin Afterwarde by the king our soueraigne Lorde and his Iustices certaine expositions were made vpon some of the Articles aboue mentioned c. The seuenth yeare other statutes were made the notice of the first was giuen to the Iustices of the Kings Bench with thys preamble Edwarde by the grace of God King of Englande Lorde of Ireland Duke of Aquitaine to his iustices of his benche greeting Whereas c. as it folowes in the act And now in our Parliament at Westminster after the said treatise the prelats erles barons and the coÌ„munaltie of our realme there assembled c we coÌ„maunde you that you cause these things â—o be redde before you in the said bench and there to be enrolled The ninth the 11.13 in the which he had three Parliaments as it semeth the first wherin the statute of Acton Burnel was made the second he helde the parliament at Westminster wherin very many statuts passed the thirde was at Westminster the eighteenth the 20.21.24.25.27.28.29.30.33 the thirtie foure yere there were statuts made as apeares by the records in all which these wordes passe of Aucthoritie for enacting and confirmation The King hath commaunded our soueraigne lorde the king hath ordained the king chargeth all his iustices vppon their faithes and othes that they owe him that they shal see this and that executed according to the statutes It is prouided our soueraigne Lorde the King to abate the power of fellons hath established a payne in this case and for asmuch as the king wil not that his people should bee sodainelye impouerished by reason of this penaltie that seemeth verie harde to many The king graunteth The king and his councell at his Parliament holdeÌ„ at Acton Burnel hath ordeined these establishments our soueraigne Lorde the king at his Parliament holden at Westminster in the eightenth of his raign of his special grace for the singuler affection that he beareth vnto his prelates Erles and Barons and other of his Realme hath graunted Wherefore our soueraigne Lorde the king considering fraude c. hath streightly commaunded our soueraigne Lorde the King in his full Parliamente holden the day after the feaste of the Purification in the twentith yere of his raigne by a general couÌ„cel hath ordained froÌ„ henceforth hath commaunded to be straightly obserued our soueraigne Lorde the king at his Parliament after Easter the 21. yeare of his raigne at the instance of the nobles of his Realme hathe graunted and commaunded too bee from henceforth firmely obserued we haue also ordeined by the aduise of our councell at the Parliament of our soueraigne Lorde the King holden at Lincolne in the vtas of
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
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
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
wasted the subiects as liberty and freedome muste nowe bring people together againe to ioine in a newe corporation of frendship And to exclude al feare he pardoned most freely al offences past These ordinaunces did holy Gildas about the yeare of Christ. 543 translate oute of Brytishe into latine Alured as afore about the. 872. out of Latin into the English Gurgunstus of some Gurguintus the son of Belinus before Christ. 375. was the first it shold seme that imposed death and losse of lim for transgression dyd also grieuously punish the peace breakers Quinthelinus his sonne married a noble gentlewoman to name Martia who erected certaine decrees of gouernement whiche were called after hir Martian Laws brought likewise into English by king Alured leauing theÌ„ the little Marthehelage asmuch to say the law of Martia Lucius it is said the eight yeare of his raigne of Christ â—88 some smal controuersye there is of the time was christened Eluthrius being Bishop of Rome and counted the first christened King of this Iland of the most credible writers tho some woulde haue Aruiragus 138. yere before to haue the preheminence aswel by the preachyng of SimoÌ„ Zelotes one of the disciples of Christ here martyred and buryed as by Ioseph of Arymathy who had Mutryn now Glastenbury his place appointed of habitation sente hyther with twelue disciples by the Apostle Philip then preaching in Gaul nowe Fraunce too sone to come to Christ onlesse we would felowe him better Lucius was very timely coÌ„sidering the late repayre to him of many nations nerer the plat of his birth and passion whom I would recite but I haue digressed too long Lucius set to Eleutherius desiring him he might haue the imperial and Romaine Lawes to guide and gouerne his countrey who retourned him this answere As touching the rightes of the Churche and seruice of God whiche you haue receiued they must remaine alwayes one vntouched the policie for ciuill rule may bee abrogated and altered as occasion shall serue you haue the booke of the olde and newe preceptes the Bible with the aduise of your kingdome make a Lawe thereby to gouerne your subiectes Here some will say was your first Parliamente and the verie originall thereof whyche I no way can agree to and the cause hereafter I wyl shewe you Lucius died wythout heire for the space of fifteene yeeres or more all wente to hauocke tyll Seuerus the Emperour discended rightlye from King Lud toke the gouernement vpoÌ„ him about the yere 208. some account lesse the Romaines seldome quietly but for the most parte to their excessiue charge and trouble held the domynioÌ„ til the death of CoÌ„staÌ„tine the yere .445 then neglecting the same as a country not worth the keeping who leauing behind him CoÌ„stant or CoÌ„stantin for his simplicity in his fathers time shorne a monk at Winchester Vortiger alias Vortigern of some the Duke of West SaxoÌ„s of other the Duke or Erle of Iewesses who after were called West Saxons toke him out of the Cloyster and crowned him king whome yet hee caused to bee murdered the first yeare of his raigne so that for those 240. yeares few laws were made and fewer executed Vortiger vsurping or being chosen king the 448. yeare so continued but a while in rest for not onely his nobles but the Pictes and Scottes layde so sore to him that driuen to extremitie he sent into Germany for the SaxoÌ„s and Englishmen to aide him in his waxres not only against the forraine enimye but his owne people promysing too them habitation whiche hee might well spare the land being in a manner wast by the meanes of the great mortalitie by pestilence the Scottes and Pictes inuasions and the ciuill slaughter Their request was accepted Horsus Hengist brought hether certain souldiers Panims by whose valure Vortigers contraries were tamed by the continuall repaire and flocking hether of those straungers the inhabitaunts were put to the dore For before the yere of our Lorde 1498 there were three kingdomes erected by the EnglishmeÌ„ and Saxons the first of Kent by Hengist the second by Hella his three sonnes of the south Saxons comprising Deuonshire and Cornewal Somersette and Southery or rather Hampshire for Southery according to the more probable writers The third of east Angles by Vffa coÌ„teining Norfolk and Suffolke These broyles being no time for lawes or letters but for fier bloud Arthur the son of Vther PeÌ„dragoÌ„ was crowned king of Britayne tho a greate part as you heare were takeÌ„ froÌ„ him The yere â—16 he fought twelue greate battayles with the Saxons in all the which he put theÌ„ to the worse yet coulde he not auoyde them the Land neyther yet so subdue them but that Cerdicus the fifth yere of his raigne began the fourth kingdome of west Saxons which consisted as I gather of Worcester Dorcet Wiltish â–ª Stafford and those western partes adiacent Aboute the yeare 547. the two Kingdomes of Northumberland that is the fifte and sixte principality of the Saxons toke roote In the one called Breuitia Ida first had rule In the other called Deira Ella was gouernor These two kingdomes had in theÌ„ the countries froÌ„ Humber northward to the Scottish sea and continued somtime vnder one king sometime vnder two The yere 586. the Britains were driueÌ„ into Wales presently the Saxons had the dominion of the whole lande At whyche time was the Christen religion thereby extinct and not thought on but amoÌ„g the Britaynes in Wales After some Sebertus leader of the East Saxons 614 gaue first beginning to that kingdome and had in it Essex Not long after Penda the Miscreant the yeare 626. made the kingdome of Mertia who gouerned Huntingtonshire Hertfordshire Glouc. War. Lecester Nottingham Northumberland and others Cadwallader the last king of Britaine died at Rome the yeare of grace 656 about whiche time according to some writers but I thinke rather the yeare 712. Inas otherwise called Iue or Iew a Christian helde the rule of the West Saxons He set downe certaine laws the preamble to the whiche is this Inas by the grace of God king of west Saxons with the consultation and aduise of Kenred my father Hedda and Erkenwald my Bishoppes of all my councellours and the olde wise men of my people in the greate congregation of the seruauntes of God did labour to confirme Iustice and equitie to bee executed in my whole territorie These particular edictes are not to my purpose to wright but the firste intituled Of the manner of the liuing of the ministers of God toucheth somwhat the matter which goes thus First wee commaunde that Gods ministers doe obserue the order of life alreadie sette downe and further wee will that to the rest of our people the lawes and iudgementes bee in this manner and so goeth on This also is alleaged for the confirmation of antiquity of our parliament I
finde that Egbert who was an vnder Kyng in West Saxons was expelled by Brithricus the King there and fled into Fraunce but Brithricus being poysoned by his wife Ethelburga Egberte retourned and obtayned the whole principality the yere 793 others say 802 and withal brought the most parte of England vnder his obeysance tamed the Welchmen and toke from them Chester by meanes of which his good fortunes he called a counsel of hys Lordes at Wynchester and by their aduises and agreements was crowned kyng and chiefe Lord of the land whervpon he sent forth commaundemente thorowe out his country straightlye charging the people thenceforth to bee called Angles and no more Britains and the kingdome Anglia and not Britaine In the yeare 800. some accompte thirteene lesse the Danes being also Paynims firste entred this region according to the most The Danes inuaded the seconde tyme the yere 838 Athelwolph raygning who of himselfe first graunted the tyth of corne Hey and Cattel to the cleargy And after toke such fast footing as they continually infested this Iland with cruell wars vsurpation and conquest til the death of Hardicanutus or Hardiknought the last king of that breed 1034 some accompt two sewer Alured alias Alphred before spoken began to gouerne the West Saxons who beyng a most iuste Prince very wel learned and carefull for the makyng and execution of good lawes collected and caused to be brought into the Saxon or English tong al such as by the kings his forgoers were stablished selecting out of them such as were thought most fit for the gouernement confirming them and secluding the rest reciting many of the commaundements and precepts giuen by God to Moyses and the message that the apostles and elders sent to Antiochia Siria and Cilicia by Saint Paul Barnabas Iudas and Silas touching the diuerting of themselues as we haue it in the Acts of the Apostles and also by the assembly and conference of the Bishoppes and other noble and wise counsellours diuers money penalties and others were appointed and the same not onely declared in their sermons but also put in writing He proceedes in the beginning of such as are allowed by him In haec verba These decrees and ordinaunces I Alured King haue gathered together and caused to be written a greate parte whereof our auncestours haue carefully kepte with manye other that I haue thoughte worthye in this our age to be helde and maintained with the like obseruation other some which I haue thought not to be so needful I haue with the conference of considerate couÌ„sellors in parte abrogated and partly established And bycause it maye seeme a pointe of too much rashnesse of a mans owne heade to adde any thing more also that it is vncertaine what credite our posteritie will giue thereto which we make greate reconing of what euer I haue founde worth the regarde in the Actes of my kynnesman and countryman Inas of Offa the King of Mertia or of Ethelbert the first christened of the Angles I haue brought together omitting the rest And in the consultation of them I Alured King of West Saxons haue vsed the couÌ„sell of the grauest of our people to al the whiche I haue commanded that the same be executed and kept Moreouer in this kings time Gutteron alias Gowthram alias Gythrun alias Gurmund of some named king of Danes by some king of Denmarke ariued in this land and sometime hauing the better in armes and sometyme put to the worse was at the last christened and named by Alured Athelstane the yere 878 to whom he gaue the kingdome of East England with the gouernemente of Saint Edmundes kingdome and also some write NorthumberlaÌ„d with whome making league and agreing in the confynes of their countries beginnes in this manner The truce aliaunce which Alured and Guthrun kings haue agreed by the aduise of the wise of the English nation and of all the inhabitauntes of East England to the which they not onely for themselues but also for their children to come are sworne Edward the first before the conquest called Edward the elder his eldest son beginning to raigne next after him the yeare 900. made and confirmed also certain lawes the first chapter wherof is intituled Of controuersie and iudgement and goes thus 1 king Edwarde do againe and againe commaunde all those who beare office in the common wealth that they beare themselues asmuch as in them lies iust â—udges to all men as it is written in the Iudiciall booke without feare boldely and freely to declare the common lawe and do appoint denounced daies wherein they will deale in euerye question and controuersie This Edwarde also confirmed the league with the fornamed Guthrun the Dane in this maner adding also to the former decrees by equal coÌ„sents these bee the councels institutes and ordinaunces whiche firste Alured and Guthrun then Edwarde and Guthrun kings at those dayes were agreed on when both the Danes and English accepted the treaty of peace Athelstane King Edwardes eldest sonne by whose prowesse and valure it is affirmed thys lande was reduced into one Monarchie againe and layde so sore too the Danes that since their first landing they were neuer so harde driuen did also constitute certaine lawes and ordinances beginning them wyth these wordes Athelstane King by the councel of the graue father Vlfhelme Archbishop and other my Bishops do wil and commaunde to al officers and such as haue charge of Iustice. 1 Athelstane king giue notice to all put in authority in our dominioÌ„s that with the aduise of Vlfhelme Archbishop and other Bishops and seruaunts of god haue ordered and set fourth In the ende of all he closeth with these woordes These be the ordinances decrees determined of in the honorable counsell of Grantamlean where was present VVolstane the Archbishop and with him great companie of the best and wisest sorte called togeather by Athelstane The asseÌ„bly parted the king had enquired how the peace was kept among his people fynding it and iustice smally to hys mind delt inioyned more laws to his first and thus shewes the cause â— Athelstane king will all men to know that hauing demanded why our peace is not manteyned according to my commaundement the decree at Grantamlean I am certefied from the experienced of my dominions that the same is happened by my ouermuche sufferance and remissnesse in punnishing But now at Christmas last at Exeter being attended on with grauewise men whom I found moste readye to venture their facultie themselues wiues and children to most greate hazarde that these peace breakers might vtterly without retourning be expelled the lande The yeare 946. Edmund his brother beganne to rule after him in whose time the Danes held Lincolne Nottingham Darby Stafford and Leicester who also erecting and confirming lawes shewes this by whom they were consented on Edmund King helde the solempne Feaste of Easter at London where were mette a greate companie of the Cleargie and laity
councel was helde at Claringdone and before the King the Bishoppes and nobilitie were sworne to kepe and confirme many decrees and ordinaunces Iohn Stow writes in his Summary of the Cronicles of Englande that the 34 of his ragne at Geldington about ten myles from Northamton he shoulde holde a Parliamentâ— touching a voyage to be taken to the holy lande But if you consider the haste the king made thether the state at that present he stode in the place the shortnesse of the time and the matters there communed of you shall finde that in terming this or suche like consultation Parliaments Maister Fabian Stow Harding and other Englishâ— writers do rather vse the worde as in deede it is proper where any conference is than that it carries with it where it coÌ„mes the same to be vnderstand to be the greate Courte of Parliament in such general forme and vniuersall manner as nowe and since the time of Kyng Henrie the thyrde we haue and do vse it as you knowe the worde is Frenche and this much importeth A debating together A conference A consultation A conferring An enterspeech A Communication A discoursing one with another which may bee aswel with Ten for the worde as with Tenscore Kyng Richard the first in the eighte yeare of hys raigne retourning from the holy lande his brother Iohn in his absence vsurping the Crowne summoned a counsell of hys Lords at Winchester where by auctority of the said counsell 〈…〉 ments and landes whyche before hee hadde bestowed on hym After Richards deceasse he possessed the Crowne and in the firste and thirde yeare by the holding of two counsels as some affirme hee had certaine exactions agreed vppon for the maintenaunce of his wars others write that of himselfe hee leuied the sayd summes The eleuenth yeare all men toke the othes of Allegeance too hym from 12 yeres vpward The fourthteenth yere here is some difference for the yere the Lordes and Barons required the vse of Saint Edwardes Lawes and the reuoking of other wicked ordinaunces the which he not harkening to the ciuil warre begonne yet at Barhamdowne the king and nobilitie meeting they confirmed so much as they departed quietly The sixtenth of his raigne the king being slowe to performe that which he was brought to perforce the nobility toke them againe to armes and so hardlye sette hym as in a meadowe betweene Windsor and Staynes in a manner Nolens volens hee graunted their liberties and the Charter for their confirmation thereof is dated at Rime meade betweene the places beforenamed to the which al the Realme was sworne In the same yere the Lords perceiuing the Kings disposition to shifte from that hee hadde agreed on sente into Fraunce for Lewes the sonne of Philip the Frenche king who arriuing here was receyued by the Barons and Londoners honorably who sware fealty to hym and did him homage and then al with one crye they séeke oute the king who being at Winchester was driuen to flye whyche towne yeelded was sworn to Lewes whether also repayred in a maner al the nobility For al this sturre King Iohn procured the Pope by meanes of Pandolphe the legate to dispence with his othe to reuerse the Charter and liberties graunted and also excoÌ„municate the Barons and Frenchmen Henrie his sonne of the age of nine yeres yong enough 〈…〉 Kingdome and specially during such garboyles yet by the good gouernemente of Marshal Erle of Penbroke many of the Lordes drewe to him and very shortly after Lewes was driuen to leaue the land and being released of his excommunication the peace was agreed on the ninth yeare of his raigne of his age the seuententh or thereabout At the motion of the Archbishoppe of Caunterbury and other the Lordes the king graunted and confirmed the greate Charter whereuppon as I can gather by some records the warde and mariage of our children was graunted to the king and his successours the twelfth yeare the king refused to perfourme the liberties Charter graunted as before for that the ratification past in his minoritie and that now being of ful yeres to beare the sway himselfe hee woulde bee better aduised The twentith of his raigne is found the first Parliament of name and record and yet not to be so thought a Parliament as now we vse ours It is entituled The statuts made at Merton And further he sayes It was prouided in the Courte of our soueraigne Lord the king holden at Mertoâ— the morrowe after the twentith day of Saint Vincent the twentith yere of the raigne of king Henrie the son of king Iohn before VVilliam Archbishoppe of Caunterburie and other his Bishoppes and suffraganes and before the greater parte of the Earles and Barons of England there assembled c without addition of the thyrde state of this land Also you haue a statute made the yeare after entituled for the leape yeare beginning The King vnto the iustices of his Bench greeting The 42. yere or after some the 41 the barons vnwillingly bearing the kings driuing off for the restitution of certaine auncient lawes there was a Parliament at Oxforde which was called the madde Parliament yet not so mad but the king his brother king of Romains and Edward his sonne must and did agrée thereto tho much against their willes bycause many matters were ordeyned greatly and too much against the kings prorogatiue for the sure establishing and execution whereof there were 〈…〉 charge auctority to see the ordinaunces made maintayned whether for the small worthynesse of the lawes or the disorder in making or the shortnesse of the continuaunce I knowe not but I finde not any of those statutes with the rest which are rekened to be King Henrie the thirds These twelue noble meÌ„ were no soner in coÌ„mission but they begaÌ„ roughly presently exiling foure of the Kings brethreÌ„ by the mother The 43. and 44 yere of his raigne there were certain assemblies sometime of the nobility without the King and of the king without the Lordes without any mention of our thirde interest and al called Parliaments Thys yere in a Folkmote at London were al aboue twelue yeres sworne to the king In the 45. yeare he had obtained from Rome a dispensation for his othe and all others of his which he and they had taken for the maintenance of Oxforde folly The péeres during this pastime vnwitting vnwilling the kyng discharged Hugh le Spencer chiefe Iustice and put an other in his place expelled officers and Sherifes admitted by the king appointed other to supplie their romes Further the king was growâ—n to harde termes which was hee shoulde not passe ouer the Seas hauing large Territories in other countries without licence obtained as in this yeare appeareth The next yeare as before in the. 44 were al men in London aboue twelue yeares of age sworne too the king and his successours The 47 of his raigne the barons armed themselues the Kyng Queene fled from the tower to
yeare it was enacted that no subsidie nor other charge shoulde be sette nor graunted vppon the Woolles by the Marchants nor by any other from thenceforth without the assent of the Parliament rare presidents to finde before the conquest in William CoÌ„querors time or since in a manner at all til this kings dayes Richard the seconde his successor helde euen on as his Graundfather began had almoste euery yeare a Parliament according to the statuts that there shoulde bee one yearely at the leaste In the beginnings of al the whiche almost the great Charter and that of the Forrest with all Liberties to holy churches fraunchises c. were granted stablished and confirmed and the authority of passing the actes is as you haue in his predecessors time Edward the thyrde sometime with one maner of words and somtime another He had very many free bountiful aydes of his subiectes by mony in number for hys two twenty yeares time no whit wanting with his Graundfathers likewise by diuerse pardons he declared his good accepting of them Kyng Henry the fourth first Erle of Darby then Duke of Herforde by his father Iohn of Gaunt Duke of Lancaster the fourth begotteÌ„ son of king Edward the second also inuested with the title of the Dukedome no more against king Richard 〈◊〉 than against lawe ryght and iustice did clayme the Crowne and at London called a Parliament in king Richards name asmuch without his direction as without iust aucthority and howe far wythout the ful partes of an Englishe Parliament which wee brag of and iustly may I referre mee to the iudgemente of deeper heades than mine owne In this Parliament forsooth is 31. Articles at the leaste layde to our Kyng Richarde a shrewd an vnaccustomed president Wel it was thought by the most parte that he was worthy to be deposed and prouision according was prouided But King Richardes friendes going to bed without candel when none was to be had perswaded their maister too yeeld contented the Crowne from his heade whiche otherwise woulde haue byn snatched off perforce and brought the skyn with it He doth resign he craues life without raigne it is liberally granted but more liberally broken with hasty shameful slaughter As who searches shal find to whoÌ„ I rather coÌ„mit the reading thaÌ„ I to cal to remeÌ„brance such vndutiful hard dealing specially when the Parliament hath any interest in the same or should be noted with error This Henrie the fourth raigned thirtéene yeares and somewhat more in whose time there was almost euery yeare a ParliameÌ„t in all the which for the most parte first the Charters and liberties be confirmed to all men and the Actes be thus aucthorized Henrie by the grace of god c. of the assent of the Prelates Dukes Erles Barons and at the instant special request of the commons of the same Realme assembled at his Parliament holden at Westminster c. Al establishmeÌ„ts coÌ„firmations and makings of statuts in his time you shal finde stil at the request ernest instance and prayer of the commons yet was he king as you haue hearde and in the first yeare of hys raigne he had such a heauy Taxe graunted him as it was conditioned it should not be recorded for a president diuers others he reaped the benefite of retourned also sundry pardons to the freeing of many of his subiectes His sonne Henrie was Kyng nine yeares and somewhat more and yerely as it seemes helde a Parliamente but hys sixt yeare in al which wherin the commons were named he sayth as before for himselfe and the Lords he hath at the special instance and request of the CoÌ„mons in the same ParliameÌ„t c. Hath don to be ordained c. The liberties of holy Churches the Charters and priuileges are enacted and agreed soundely to abide in force I can not perceiue for all his great Conquest and warres in Fraunce that he troubled his Subiectes in a manner at all to speake of wyth Taxe or Subsidie That smal ayde hee had rose as I can gather of some Tenthes and Fifteenthes were graunted him And yet did he for custome curtesie or congratulation sake also imparte his pardons He left his sonne Henrie in his place being but eighte monethes olde during whose raigne the Parliamentes were very thicke helde as in the former times As thys Prince was very yong at the death of his father so was he when he came to age more giuen to quietnesse and Religion than to worldly affayres or weapons And therefore it may be gathered that the nobility and commons stoode not in doubt of the infringing by him of great Charters and liberties Wherefore they labored not euery Parliament the confirmation of them as in his Predecessors tyme they did for in his Parliaments wee finde no suche mention made of them as vsually is had before his gouernement for making of Lawes most commonly I see Our soueraigne Lord king Henry the sixth at his Parliamente c. By the aduise and assente of the Lordes spirituall and temporal and at the speciall request of the commons of the Realme being in the same Parliament haue done to be made c. There is also Our soueraigne Lord King Henrie c. For the weale of him and of his Realme by the aduise and assent of the lords spiritual and temporal and the commons of the same Parliament assembled hath made ordayned c. This last manner of mencioning the coÌ„mons it is in the middle of the kings raign which might proceede of some occasions which your selfe maye finde out if you tourne ouer the cronicles I take it needlesse to be written In the thâ—â—tie three yeare of his raigne there was something enacted in a Parliamente touching the Lord Richard Duke of Yorke and also in another in his thirtie three yere concerning the same Prince which I cannot be perswaded that King Henrie de mero motu consented to I do not vnderstande that he burdened his subiectes in a manner at all with exactions for al his continuall and great warres in Fraunce but rather contented him selfe with the losse and so far as in lesse than fourtie yeres he forewent the Crowne of Fraunce abroade and lost his kingdome of Englande at home And tho by hys friendes he recouered the one againe yet woulde it not be kept but hee that receiued it firste efte obtayned it so that Kyng Henrie was depriued the second time not only of hys regalty but presently of his life Edward Earle of March righte heire of the house of Yorke was the man that Kinged it in King Henries rome and so continued it twenty two yeares and somewhat more during which gouernement he hadde at leaste tenne Parliaments in all the which hee names his auctority and the nobilityes aduise and consent and the instaÌ„ce and request of the commons but only in the Parliamente the thirde yeare of his raigne wherin he sayes At the Parliament summoned at Westminster