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A02498 A letter sent by F.A. touchyng the proceedings in a priuate quarell and vnkindnesse betweene Arthur Hall, and Melchisedech Mallerie gentleman, 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. Hall, Arthur, 1539?-1605. 1576 (1576) STC 12629; ESTC S118961 87,420 125

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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 Cōquerors 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 begottē 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 whō I rather cōmit the reading thā I to cal to remēbrance 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 Parliamēt 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 establishmēts cōfirmations 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 Cōmons in the same Parliamēt 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 cōmons 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 th●●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 instāce 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
standes called M. Hal and desired to speake with him I remember the time well for I walked by attending M. Hal with whome I had then somewhat to do M. Cornwallis tolde him how Frauncis Mallerie a brother of M. Malleries had bene at the Court and there with open mouth so exclamed of the misusing of his brother as M. Cornwallis himselfe seemed to mislike M. Hal for some wantes layed to him as that he durst not go into the fielde with Mallerie his contrarie how he set his men to hurt him and durst not do it him selfe how shamefully he was ouermatched and striken behinde and this did not onely M. Cornwallis conceiue against M. Hal but many of the best stoode now in suspēce by this meanes of theyr iudgement of him of whom heretofore they neuer made doubt M. Hal openeth the matter to M. Cornwallis and withall what he durst do they were both as it pleased him to beleeue thē but I thinke he departed better satisfied The next day after Sir Ierome Bowes hearing al places ring how M. Hal should die the death gaue him warning carefully to looke to himselfe The xxviij day M. Iohn Wotton gaue M. Hal notice that Francis Mallerie and his brother had it in talke with secrete fire in his lodging to be reuenged on him The xxiij of the same moneth M. Hal went out of London and safely came to Grantham to his house The xxij of Ianuarie he returned to London and the xxvj of the same woorde was brought him that M. Mallerie had caused Edward Smalley Iohn Nicholas and Iames Chambers at new gate Sessions to be in●ited for drawing theyr swoordes in the Churchyarde on him the law beyng that therfore they should lose their eares The xxiiij of the same moneth M. Mallerie supte at the Popes head in Lomberdstreat where were M. Cotton and other Gentlemen and many marchantes of the towne as Thomas Wilforde Richarde Smith Henry Sherland and other he began to fall to his old bya● with lyke wordes as you haue hearde heretofore alledging he had heard Hal was periured but he would not say he was a periured knaue with spéeches as some séemed soundly to herken to so M. Wilforde as one not forgetting tho now professing merchandise that he came from the bloud of gentrie coulde not allow of such vngentlemanly wrongs and therefore very roughly replied against M. Mallerie a part more commendable than common among men of his Cote who I haue found oftener readier rashly to beléeue euill reportes of a Gentleman than deliberating indifferently to iudge of the truth The xxx of the same moneth M. Hal was dryuen to trudge to stay the procéeding against his men for theyr inditemēt for M. Mallerie followed it with hoate suyte ▪ he repayred to the court to my L. of Leicester to whom he reported the daunger his men stodde at and craued his letter to M. Fléetewood the Recorder of London that fauour might be shewed therein the case be●ng very harde the whiche my Lorde most honorably and willingly performed and thereby the matter was a whyle stayed The vj. of February M. Hal arrested M. Mallerie vpō the action of the Case for his slaunderous reportes and Mallerie hauing aboute him a pocket dag charged deliuered the same closely to one Warde a Sergeant Smaley the next day hearing hereof came to his Master with the newes who presently resorted to the Coun●er in Woodst re●te to the sayde Warde and moste earnestly and curteously desired to see the dagge whiche at the first he denied he had but the slanders by vouchyng the contrary to him dogge fashion he consented but answered he would not shewe it M. Hal went to Anthonie Gamadge an occupier of linnen clothe then Sheryfe of London finding hym in his shoppe in Cheapeside by the ende of Soper lane to whome he declared that M. Mallerie caried dagges in his hose to murder him as himselfe did report how M. Iohn Wottons man two dayes past sent him 〈◊〉 that Mallerie had watched him in the night diuerse times to mischiefe him how Warde the sergēt had the dagge yet charged deliuered him yesterday by M. Mallerie With much ado Gamadge sent for Warde I Maister him not bycause in Norfolke I know his pedegre who brought him the dagge him selfe founde it charged M. Hal desired some order might be taken therein I thinke in my conscience rather to haue Mallerie troubled than for any feare he had of the matter but all was one for he had a colde answere of our Lōdon Sheryfe yet suche a one as he muste be contented with The xxj of February M. Hall was at Guyldhall to see the ende of Malleries action agaynst Smalley and with him M. Roger Townesende M. Frauncis Woodhouse and diuerse others till which time M Mallerie had deferd for the triall bicause he would haue the Iurie fal in that parte 〈◊〉 Cheapeside where his father did before his death dwell for so is the maner of the Iuries in London that they serue by turnes yet the number not being full it was for this time dashed The nexte day againe they came thether M. Mallerie brought for his counsell M. Bromley the ● Solyciter M. Wéekes M. Fuller and Smaley had for him M. Daniell M. Maltas and M. Kitchin the issue was Quod transgressio per Edwardum Smaley facta fuit ex iniuria propriae whiche he did denie it read as the maner is to the Iurie appearing and called good men and true as M. Cryer sayde M. Fuller firste began to speake to the matter and very earnestly charged M. Hal with malicious and implacable dealyng with suche a desire of his owne will to be satisfied as he cared not for the casting away of fiue hundred poundes if he might purchase the same howe he came to Wormes how he hurte M. Mallerie how still he followed the reuenge with an Italian mynde learned at Rome altho M. Fuller neuer came in Italie and lesse at Rome neyther yet was euer acquaynted with M. Hal and therefore as blinde men be to be borne withal if they committe an errour so M. Fuller speakyng for his clyent is not wholly to be condemned tho M. Hal was neuer named in the Nisi prius neyther touched in the recordes M. Recorder aduised M. Fuller to go to the matter and not to tarie vpon the declaration of Hals disposition ▪ After Fuller followed M. Solicyter not with vaine spéeches and as very learnedly so no lesse grauely and discretely thē were deposed for M. Mallerie in his behalfe his owne Seruant and one Thomas Hewes his man alledged that thrée of M. Hals men were vpō him and his Master how Nicholas drew first Hewes coulde say little but that he sawe them togither and M. Mallerie hurt Eglestone a Goldsmith also being sworne affirmed he sawe thrée men vpon his Cousin Malleries man for so he called him and his Cousins chéeke hurte and ●●ing on his shoulder Of the contrarie parte were 〈…〉 honest and worshipful
Parliament M Mallerie coulde not be contented with a Recognizaunce of M. Halles as it was decreed but muste haue his minde satisfied with the infringement of the resolution of that place and what soeuer cōmes of the rest his quietnesse must be prouided for for forsooth he doubted further trouble nothing done Chambers was willed to proue a day or twoo for prouision of the money whiche if he could he would not haue done without commission thereto he therfore might haue played Coleprophetes parte if he had pleased one of the xxiiij orders and told his message before he went aboute it The recognizaunce M. Mildmay kéepes and Chambers goes aboute to see if he can finde an hundred pounds in the streates or meete with some one wil giue him so much M. Mallerie hath Smalley faste the bonde no doubte if the worst fall will at length be payde tho it tarry long spite of all M. Halles debts for yet he is a free holder The viij of May God be thanked the money is reddy somewhat before appoyntmēt with harde shift inough for beggers without daunger of lawe cannot haue money when they woulde before sir ●ater Mildmay it is by Huyt the Malleries receiued the releases performed a warrāt for the prisoner to goe play him selfe signed by M. Mildmay the whiche nowe the Recorder firmes with William Fleet●wood the ix of the same paying xij pound to the Leuetenaunt M. Hals cosen without dayes giuen and other charges b●sides of xliij shillings and ten pence he was turned forth ●nd bycause he ha●h song in so worthy a Gayle his Mast●r thought him not meete to chaunte in so m●ane a Cadge as the beste house he is like to haue so that now he may beyng Sommer learne a new note in the gréene fields Here haue you the end of this great cause thu● far to the excessiue charge of M Hal one way other trouble of Frendes and minde and slaunderous reporte among such as know not the truth and therfore to the more preiudice of his simple reputation My excuse I made to you at the beginning and I nothing doubt of your good accepting of my well meanyng if by accident or otherwise than I desire or hope this priuate certificate hap to the handes of any who be offended for not beyng soothed beare malic● for being contraried thinke vnkindnesse bicause they are not cōmended as other quarrel bicause I wrote the truth or for affection sake can daunce nothing but theyr owne galliarde I must thus answeare that I haue wronged them for naming any person in this manner particularly and not put too my name your selfe knowes my stile simple God wote and therefore neede I the lesse to auoyde further question if my letters should be intercepted to set to my hande Contra verbosos nolo contendere verbis I loue no disputatiō but where I may learne Quoniam senex esse volo citò si possem e●o olde I must be or die yong And therefore will I yeelde ouer to the yonger to play with the worlde who carelesse hope with vncertaine likyng for great things while I with regarde to my whyte heares comming on with cōtentement am glad to enioye mine owne small porcion for my paynes I craue no thankes of any straunger neyther yet of M. Hall him selfe whose good partes I muste of force confesse I do vnfaynedly loue for the rest I am sory and remayne with his enimies in one predicament for the conceyuing of his wantes but differ in desire with them towardes him bycause I pray the amendment which I doubt not of and they gape for his ouerthrow whiche were pitty if my request would come to passe I wishe truth to be reported in all causes whiche if it had bene I had saued this labour for at my beyng at Killingworth in the beginning of Aprill laste where what greate company were assembled what liberall cheere spent what familiar welcome vsed and Honorable consideration of all sortes had I referre to them that know what is incorporate to that house since it came into the handes of hym that now hath it There I say I sawe M. Hall by his owne brother in lawe M. Henry Skipwith by M. George Holte M. Iames Cressey and others who loue the man well so loden with euil fame and opinion that went of him for the premisses herein recited and that vntruly as of myne owne knowledge I am assured that I pitying the case determyned at the last with you who tenders him not to suffer so vniustly his credite tho small to be so wildly tyred on with my old and accustomed well thinking and praying for you I leaue you From London the xix of May. 1576. Your Frende no chaungeling F. A. 〈…〉 haue obtayned for you my place in the common house of Parliament for the increase of your knowledge you growing to the worlde and I from it I thought to bestowe a few lynes vpō you tho I had long since yelded my pen to be quiet my ability to write being decayd which neuer was great and my memory alway bad now in a maner grown to litargie wherin to lay before you as wel as I could such aduises as to folowe I haue founde profitable But considering mine owne wants I withdrew my selfe frō my determinatiō Yet minding with whō I shold deale whom I should counsel to whom I shoulde sette abroade the shewe of my experience in good houre I hope I proceeded herein for straungers will take thankfully what is don by others of a good meaning for their behouf and muche more children that whiche is done in the same kinde by their parents I suppose it not needelesse lightly to runne ouer as I can call to minde by what Lawes this Realme of England hath beene gouerned where altered where cleane abrogated and others confirmed which laste of al is your Parliament whereto I meane to come Wee alow the report of Brutes arriuing inhabiting this I le the yeare of the worlde after the most writers 2855. before the incarnation of Christ. 1108. He builte London calling it Troynouant wherein he stablished with the name the Troyan Lawes what they were I finde no recorde but that King Alured about the time of Christes birth 872 did gather the same Lawes together and translated them into english But for the religiō it seemed he followed the Paganisme then vsed through the whole worlde as a greate number of yeares after it did continue Til the 441 yere before the comming of Christ this lande was ruled nowe with law and now without lawe bycause of the ciull dissention therein at which time Mulmutius Dunwallo or Dunwallo Mulmutius chose you the sonne of Cloten Duke of Cornewayle by strong hande bringyng the new righte called Lawe Moluntine which graunted great priuileges to Temples to plowes to fayres and markettes and too the way leading to them prohibiting men to bee troubled for any cause in the same the wars among themselues had so
life being more beneficial to him and his posterity than the country zeale of the rest By meanes wherof they yelded their dead Carcases Decius Muries the elder Consul with Manlius Torquatus in armes against the Latines had both one ●reame that tho●e people woulde be vanquished whose captaine shoulde be lefte dead in the field They brake one with another and agreed that whiche of their bands did first giue place the leader must vow himselfe to the infernal ghostes contented to dye which Decius his chance was to do therby with great slaughter of the enimies the gaine was the Romaines Publius Decius Muries his son did the same Titus Manlius Torquatus stroke off his own sons head for putting in vēture by fight contrarie to commaundement the souldiers of the Common welth The prisoner Mar. Attilius Regulus his returne to Affricke to Barboras tyrannie wyth his considerations alledged in the Senate which induced him thereto Publius Scipio Nasica chosen Consull of Rome with vnluckie shew of the Auspices cōming would in no respect take vpon him the dealing of the office doubting the incōuenience might hap to the Empire not by his wāt of abilitie or good wil but by euyl fortune to the state cōtrarie aspects of the superor Planets so tender a mynde he had of his Countrie Silla surnamed the happy for all his reuengeful mynde when he had obteyned his owne will helde hard hand on his countrie was content to restore the old gouernemēt of Rome to die a priuate man Quintus Curtius his willing decay for Rome Codrus the Atheniā king for his people also Themistocles that coūtriemā for all the iniuries he had receyued at home woulde rather willinglye drinke his owne bayne than see his natyue kinde harmed Melsiades of the same breede at Marathon against the inuincible scull of the Persians Epaminondas the Thebane and thousandes more for their wilful entire only and auowed loue to their countries haue susteyned more trauayle suffered greater torment dyed assured deathes and with better contented mindes than men of this age can beleeue to bee able to bee endured by mortlings which we al are If Paynimes did goe so far in supremo gradu looke to your selfe somewhat who is a Christian and so farre credited as Parliament menne are They expect in you grauitie wysedome experience and diligent consideration Part of the which as they be onely the giftes of God as wisedome and grauitie so experience and diligent consideration be the confirmers that strengthen and the artificers that beautifie their work and proceede of payn● taking and good disposition of the minde The foremost two bee the most beneficialst Ladies wyth their acquaintance and the other handmaydes or rather fellowe dames so necessarie as they cannot bee deuided furnishe most commodiously the place where they come These foure met in one man make a happie person in particular and where they ioyne in Lawe makers there must needes bee a flourishing Commonwealth What inconuenience doth followe if you shoulde pipe after other mennes whistles induced thereto by a busie treble string or a slight Scottishe Iygge in one respect I haue already tolde you that is howe maister Iohn wil be thought of by the Prince and nobilitie Nowe see what harme lightes thereby on those who put their confidence in you and what a Iohn you shall be made and thought of the whole world If you serue the Princes turne hee findes no fault if you broke for the Lordes they haue no losse ▪ but they will take you still for a Iohn if agaynste your trust you be wonne In this seconde parte if you daunce drunkenly you will breake your shinnes and beray your trusters to whom you are bounde by al the laws possible If all the Knights and Burgesses in Parliament were Vlisseses the Syrenes might fal to a newe occupation But of that huge multitude that came to the warre of Tryoe hee was taken the odde manne for witte and iudgement If but one Vlisses coulde scape those fiendish monsters and so few Vlisseses in so great an armie what perill is to be feared to fall vpon our Common wealth if many Syrenes or any at all shoulde be in the trade of our whole trafficke of welth and welfare They allured vnto them by all pleasant meanes the passengers to spoyle thē for their owne direct and particular gaine if you sing their songs you are brought to it to please and to profit others the acte in them is not so discommendable but you shall be the Iohn and rewarded at the seconde hande your faulte is greater t●an the Syrenes who harme but the present persons for their owne lucre you present absent and posteritie you cut large thongs out of other mens lether you fle●●e not but you ●ley you write not lawes with Milke but bloud you sende not the Pyper to make poore men daunce in the countrye but the Hangman to tye vp the rich and take from the needy no more but all they haue and thus muste your trusters suffer for other mens pleasures who neuer after wil trust you knowing you are such a mercinarie The Parliament Sirene if he be of the Lordes breede as manie times in your house you haue of their children if of the familye of gentry assure your selfe he is a Basterd if hee loke neuer so bigge feare him not he is a Coward if he florish with neuer so fayre a tayle he is an Asse Noble gentlemans bloud wil not be woon against his duety and specially where it touches his country neither with honor threatnings greate Territories much calling gay apparel nor a ship ful of red Ruddocks A valiant minde doth detest such chaffe A wise man wil see the infamy of the facte and with both his hands kepe his face from such a wounde Who then must be your Parliament Iohn if you haue any some durte daubers sonne or Coblers brat or such like whelpe of a worthy Kenel who wyll play Cat after kinde do the best you can he is Camelionte mutabillo● yet for his harte the pretie pricke cannot be white he liues by ayre a foode of a smal substance and he is of small contynuing hee is Proteus Cousyn Germayne when he failes in hand with his matter But mark how like Iacke lokes the father his eye shewes the relicks of his thoughts hys countenaunce is forced his gesture not natural if his speech be not learned without booke for the most parte he ●acks it hardly oute he sweates there is no ioy in his face he feares how he shal be taken he lokes as he were fearde wyth Hobgoblyn But what will you more tho Maister Morrice dauncer be dronke yet will hee daunce til he sweate for a clap of the backe of the chiefe man of the parish tho he be the worse for it as long as hee lyue euen so this your Morrice footer shakes his Belles among you hoping hee makes good musicke as the foole with the Towne Morrishers forgetting his maisters