Seisines and Alienations being the fruites of those Tenures refusing vpon diuers Pretexts and Delayes to admit men to trauerse those False Offices according to the Law Nay the Kings Wards after they had accomplished their full Age could not bee suffered to haue Liuerie of their Lands without paying excessiue Fines farre exceeding all reasonable Rates They did also vexe men with Informations of Intrusion vpon scarce colourable Titles VVhen men were Out-lawed in Personall Actions they would not permit them to purchase their Charters of Pardon except they paid great and intolerable summes standing vpon the strict Point of Law which vpon Out-lawries giueth Forfeiture of Goods Nay contrarie to all Law and Colour they maintained the King ought to haue the halfe of mens Lands and Rents during the space of full two yeares for a Paine in Case of Out-lawrie They would also ruffle with Iurors and inforce them to finde as they would direct and if they did not Conuent them Imprison them and Fine them These and many other Courses fitter to be buried than repeated they had of Preying vpon the People both like Tame Hawkes for their Master and like Wild Hawkes for themselues in so much as they grew to great Riches and Substance But their principall working was vpon Penall Lawes wherein they spared none great nor small nor considered whether the Law were possible or impossible in Vse or Obsolete But raked ouer all old and new Statutes though many of them were made with intention rather of Terrour than of Rigour hauing euer a Rabble of Promoters Questmongers and leading Iurors at their Command so as they could haue any thing found either for Fact or Valuation There remayneth to this Day a Report that the King was on a time entertained by the Earle of Oxford that was his principall Seruant both for Warre and Peace nobly and sumptuously at his Castle at Henningham And at the Kings going away the Earles Seruants stood in a seemely manner in their Liuerie Coats with Cognisances ranged on both sides and made the King a Lane The King called the Earle to him and said My Lord I have heard much of your Hospitalitie but I see it is greater than the speech These handsome Gentlemen and Teomen which I see on both sides of me are sure your Meniall Seruants The Earle smiled and said It may please your Grace that were not for mine ease They are most of them my Retainers that are come to doe me seruice at such a time as this and chiefly to see your Grace The King started a little and said By my faith my Lord I thanke you for my good Cheare but I may not endure to haue my Lawes broken in my sight My Atturney must speake with you And it is part of the Report that the Earle compounded for no lesse than fifteene thousand Markes And to shew further the kings extreme Diligence I doe remember to haue seene long since a Booke of Accompt of EMPSONS that had the kings hand almost to euery Leafe by way of Signing and was in some places Postilled in the Margent with the Kings hand likewise where was this Remembrance Item receiued of such a one fiue Markes for the Pardon to be procured and if the Pardon doe not passe the Monie to bee repaied Except the Partie bee some other-wayes satisfied And ouer against this Memorandum of the Kings owne hand Otherwise satisfied Which I doe the rather mention because it shewes in the king a Nearenesse but yet with a kind of Iustnesse So these little Sands and Graines of Gold and Siluer as it seemeth helped not a little to make vp the great Heape and Banke But meanewhile to keepe the king awake the Earle of Suffolke hauing beene too gay at Prince ARTHVRS Marriage and sunke himselfe deepe in Debt had yet once more a mind to bee a Knight-Errant and to seeke Aduentures in Forraine parts And taking his Brother with him fled againe into Flanders That no doubt which gaue him Confidence was the great Murmur of the People against the Kings Gouernement And beeing a Man of a light and rash Spirit he thought euerie Vapour would bee a Tempest Neither wanted hee some Partie within the Kingdome For the Murmur of People awakes the Discontents of Nobles and againe that calleth vp commonly some Head of Sedition The King resorting to his wonted and tried Arts caused Sir ROBERT CVRSON Captaine of the Castle at Hammes beeing at that time beyond Sea and therefore lesse likely to bee wrought vpon by the king to flie from his Charge and to faine himselfe a seruant of the Earles This Knight hauing insinuated himselfe into the Secrets of the Earle and finding by him vpon whom chiefly hee had either Hope or Hold aduertised the King thereof in great secrecie But neuerthelesse maintained his owne Credit and inward trust with the Earle Vpon whose Aduertisements the King attached WILLIAM COVRTNEY Earle of Deuonshire his Brother-in-Law married to the Ladie KATHERINE daughter to King EDVVARD the Fourth WILLIAM DE-LA-POLE Brother to the Earle of Suffolke Sir IAMES TIRREL and Sir IOHN WINDHAM and some other meaner Persons and committed them to Custodie GEORGE Lord ABERGAVENNIE and Sir THOMAS GREENE were at the same time apprehended but as vpon lesse Suspition so in a freer Restraint and were soone after deliuered The Earle of Deuonshire being interessed in the bloud of Yorke that was rather Feared than Nocent yet as One that might bee the Obiect of others Plots and Designes remained Prisoner in the Tower during the Kings life WILLIAAM DE-LA-POLE was also long restrained though not so straitly But for Sir IAMES TIRREL against whom the Bloud of rhe Innocent Princes EDVVARD the Fifth and his Brother did still crie from vnder the Altar and Sir IOHN WINDHAM and the other meaner ones they were attainted and executed The two Knights beheaded Neuerthelesse to confirme the Credit of CVRSON who belike had not yet done all his Feates of Actiuitie there was published at PAVLES Crosse about the time of the said Executions the Popes Bull of Excommunication and Curse against the Earle of Suffolke and Sir ROBERT CVRSON some others by name and likewise in generall against all the Abettors of the said Earle Wherein it must be confessed that Heauen was made too much to bow to Earth and Religion to Policie But soone after CVRSON when hee saw time returned into England and withall into wonted Fauour with the King but worse Fame with the People Vpon whose returne the Earle was much dismayed and seeing himselfe destitute of hopes the Ladie MARGARET also by tract of Time and bad Successe being now become coole in those Attempts after some wandering in France and Germanie and certaine little Proiects no better than Squibbs of an Exiled man being tired out retired againe into the Protection of the Arch-Duke PHILIP in Flanders who by the death of ISABELLA was at that time King of Castile in the right of IOAN his Wife This yeare beeing the Nineteenth of
much there remayneth in Memorie that it was halfe a yeares time betweene the Creation of HENRY Prince of Wales and Prince ARTHVRS death which was construed to bee for to expect a full time whereby it might appeare whether the Ladie KATHERINE were with Child by Prince ARTHVR or no. Againe the Ladie her selfe procured a Bull for the better Corroboration of the Marriage with a Clause of vel forsan cognitam which was not in the first Bull. There was giuen in Euidence also when the cause of the Diuorce was handled a pleasant passage which was That in a Morning Prince ARTHVR vpon his vp-rising from Bed with her called for drinke which hee was not accustomed to doe and finding the Gentleman of his Chamber that brought him the drinke to smile at it and to note it hee said merrily to him That hee had been in the middest of Spaine which was an hot Region and his Iourney had made him drie and that if the other had beene in so hot a Clime hee would haue been drier than hee Besides the Prince was vpon the point of Sixteene yeares of Age when hee died and forward and able in Bodie The Februarie following HENRY Duke of Yorke was created Prince of Wales and Earle of Chester and Flint For the Dukedome of Cornewall deuolued to him by Statute The King also beeing fast handed and loath to part with a second Dowrie but chiefly being affectionate both by his Nature and out of Politicke Considerations to continue the Alliance with Spaine preuailed with the Prince though not without some Reluctation such as could bee in those yeares for hee was not twelue yeares of Age to bee contracted with the Princesse KATHERINE The secret Prouidence of GOD ordaining that Marriage to bee the Occasion of great Euents and Changes The same yeare were the Espousals of IAMES King of Scotland with the Ladie MARGARET the Kings eldest Daughter which was done by Proxie and published at PAVLES Crosse the fiue and twentieth of Ianuarie and Te Deum solemnly sung But certaine it is that the Ioy of the Citie thereupon shewed by Ringing of Bells and Bon-fires and such other Incence of the People was more than could be expected in a Case of so great and fresh Enmitie betweene the Nations especially in London which was farre enough off from feeling any of the former calamities of the Warre And therefore might bee truely attributed to a Secret Instinct and Inspiring which many times runneth not onely in the Hearts of Princes but in the Pulse and Veines of People touching the happinesse thereby to ensue in time to come This Marriage was in August following consummate at Edenborough The King bringing his Daughter as farre as Colli-Weston on the way and then consigning her to the Attendance of the Earle of Northumberland who with a great Troupe of Lords and Ladies of Honour brought her into Scotland to the King her Husband This Marriage had beene in Treatie by the space of almost three yeares from the time that the King of Scotland did first open his mind to Bishop FOX The Summe giuen in Marriage by the King was ten Thousand pounds And the Iointure and Aduancement assured by the King of Scotland was two Thousand pounds a yeare after King IAMES his Death and one Thousand pounds a yeare in present for the Ladies Allowance or Maintenance This to be set forth in Lands of the best and most certaine Reuenue During the Treatie it is reported that the King remitted the matter to his Counsell And that some of the Table in the Freedome of Counsellors the King beeing present did put the Case that if GOD should take the Kings two Sonnes without Issue that then the Kingdome of England would fall to the King of Scotland which might preiudice the Monarchie of England Whereunto the King himselfe replied That if that should bee Scotland would bee but an Accession to England and not England to Scotland for that the Greater would draw the lesse And that it was a safer Vnion for England than that of France This passed as an Oracle and silenced those that moued the Question The same yeare was fatall as well for Deaths as Marriages and that with equall temper For the Ioyes and Feasts of the two Marriages were compensed with the Mournings and Funerals of Prince ARTHVR of whom wee haue spoken and of Queene ELIZABETH who died in Child-bed in the Tower and the Child liued not long after There dyed also that yeare Sir REGINOLD BRAY who was noted to haue had with the King the greatest Freedome of any Counsellor but it was but a Freedome the better to set off Flatterie Yet hee bare more than his iust part of Enuie for the Exactions At this time the Kings Estate was verie prosperous Secured by the Amitie of Scotland strengthened by that of Spaine cherished by that of Burgundie all Domesticke Troubles quenched and all Noyse of Warre like a Thunder afarre off going vpon Italie Wherefore Nature which many times is happily contayned and refrained by some Bands of Fortune beganne to take place in the King carrying as with a strong Tide his affections and Thoughts vnto the gathering and heaping vp of Treasure And as Kings doe more easily find Instruments for their Will and Humour than for their Seruice and Honour Hee had gotten for his purpose or beyond his purpose two Instruments EMPSON and DVDLEY whom the people esteemed as his Horse-Leeches and Shearers bold men and carelesse of Fame and that tooke Toll of their Masters Grist DVDLEY was of a good Family Eloquent and one that could put Hatefull Businesse into good Language But EMPSON that was the Sonne of a Sieue-maker triumphed alwayes vpon the Deede done putting off all other respects whatsoeuer These two Persons beeing Lawyers in Science and Priuie Councellors in Authoritie as the Corruption of the best things is the worst turned Law and Iustice into Worme-wood and Rapine For first their manner was to cause diuers Subiects to bee indicted of sundrie Crimes and so farre forth to proceed in forme of Law But when the Bils were found then presently to commit them And neuerthelesse not to produce them to any reasonable time to their Answer but to suffer them to languish long in Prison and by sundrie artificiall Deuices and Terrours to extort from them great Fines and Ransomes which they termed Compositions and Mitigations Neither did they towards the end obserue so much as the Halfe-face of Iustice in proceeding by Indictment but sent forth their Precepts to attache men and conuent them before themselues and some others at their priuate Houses in a Court of Commission and there vsed to shuffle vp a Summarie Proceeding by Examination without Tryall of Iurie assuming to themselues there to deale both in Pleas of the Crowne and Controuersies Ciuill Then did they also vse to enthrall and charge the Subiects Lands with Tenures in Capite by finding False Offices and thereby to worke vpon them for Ward-ships Liueries Primier
keeping vp his Credit Neither had the King yet cast off his cares and hopes touching Britaine but thought to master the occasion by Policie though his Armes had beene vnfortunate and to bereaue the French King of the fruit of his Victorie The summe of his designe was to encourage MAXIMILIAN to goe on with his suit for the marriage of ANNE the heire of Britaine and to aide him to the consummation therof But the affaires of MAXIMILIAN were at that time in great trouble and combustion by a Rebellion of his Subiects in Flanders especially those of Bruges and Gaunt wherof the Towne of Bruges at such time as MAXIMILIAN was there in person had sodainly armed in tumult and slaine some of his principall Officers and taken himself prisoner and held him in durance till they had enforced him and some of his Councellors to take a solemne oath to pardon all their offences and neuer to question and reuenge the same in time to come Neuerthelesse FREDERICKE the Emperour would not suffer this reproach and indignitie offered to his sonne to passe but made sharpe warres vpon Flanders to reclaime and chastise the Rebels But the Lord RAVENSTEIN a principall person about MAXIMILIAN and one that had taken the oath of Abolition with his Master pretending the Religion therof but indeed vpon priuate ambition and as it was thought instigated and corrupted from France for sooke the Emperour and MAXIMILIAN his Lord and made himselfe an Head of the Popular Partie and seized vpon the Townes of Ipre and Sluce with both the Castles And forthwith sent to the Lord CORDES Gouernour of Picardie vnder the French King to desire aide and to moue him that hee on the behalfe of the French King would bee Protector of the United Towns and by force of Armes reduce the rest The Lord CORDES was readie to embrace the occasion which was partly of his owne setting and sent forthwith greater Forces then it had beene possible for him to raise on the sodaine if hee had not looked for such a summons before in aide of the Lord RAVENSTEIN and the Flemmings with instructions to inuest the Townes betweene France and Bruges The French Forces besieged a little Towne called Dixmue where part of the Flemmish Forces ioyned with them While they lay at this siege the King of England vpon pretence of the safety of the English Pale about Calice but in truth being loth that MAXIMILIAN should become contemptible and therby bee shaken off by the States of Britaine about this marriage sent ouer the Lord MORLEY with a thousand men vnto the Lord DAVBIGNY then Deputie of Calice with secret instructions to aide MAXIMILIAN and to raise the siege of Dixmue The Lord DAVBIGNY giuing it out that all was for the strengthning of the English Marches drew out of the Garrisons of Calice Hammes and Guines to the number of a thousand Men more So that with the fresh Succours that came vnder the Conduct of the Lord MORLEY they made vp to the number of two thousand or better Which Forces ioyning with some Companies of Almaines put themselues into Dixmue not perceiued by the Enemies and passing through the Towne with some re-enforcement from the Forces that were in the Towne assailed the Enemies Campe negligently guarded as being out of feare where there was a bloudy fight in which the English and their Partakers obtained the victorie and slew to the number of eight thousand Men with the losse on the English part of a hundred or there abouts amongst whom was the Lord MORLEY They tooke also their great Ordnance with much rich spoiles which they carried to Newport whence the Lord DAVBIGNY returned to Calice leauing the hurt Men and some other Voluntaries in Newport But the Lord CORDES being at Ipre with a great power of Men thinking to recouer the losse and disgrace of the fight at Dixmue came presently on and sate downe before Newport and besieged it and after some dayes siege hee resolued to trie the fortune of an Assault Which hee did one day and succeeded therein so farre that hee had taken the principall Tower and Fort in that Citie and planted vpon it the French Banner Whence neuerthelesse they were presently beaten forth by the English by the helpe of some fresh Succours of Archers arriuing by good fortune at the instant in the Hauen of Newport Whereupon the Lord CORDES discouraged and measuring the new Succours which were small by the Successe which was great leuied his Siege By this meanes matters grew more exasperate betweene the two Kings of England and France for that in the warre of Flanders the auxiliarie Forces of French and English were much blouded one against another Which Bloud rankled the more by the vaine words of the Lord CORDES that declared himselfe an open Enemie of the English beyond that that appertained to the present Seruice making it a common by-word of his That hee could bee content to lie in Hell seuen yeares so hee might winne Calice from the English The King hauing thus vpheld the Reputation of MAXIMILIAN aduised him now to presse on his Marriage with Britaine to a conclusion Which MAXIMILIAN accordingly did and so farre forth preuayled both with the young Lady and with the principall persons about her as the Marriage was consummate by Proxie with a Ceremonie at that time in these Parts new For shee was not onely publikely contracted but stated as a Bride and solemnly Bedded and after shee was laid there came in MAXIMILIANS Ambassadour with letters of Procuration and in the presence of sundry Noble Personages Men and Women put his Legge stript naked to the Knee betweene the Espousall Sheets to the end that that Ceremonie might bee thought to amount to a Consummation and actuall Knowledge This done MAXIMILIAN whose propertie was to leaue things then when they were almost come to perfection and to end them by imagination like ill Archers that draw not their Arrowes vp to the Head and who might as easily haue bedded the Lady himselfe as to haue made a Play and Disguise of it thinking now all assured neglected for a time his further Proceeding and intended his Warres Meane while the French King consulting with his Diuines and finding that this pretended Consummation was rather an Inuention of Court then any wayes valide by the Lawes of the Church went more really to worke and by secret Instruments and cunning Agents as well Matrons about the young Lady as Councellors first sought to remoue the Point of Religion and Honour out of the minde of the Lady her selfe wherein there was a double labour For MAXIMILIAN was not onely contracted vnto the Lady but MAXIMILIANS daughter was likewise contracted to King CHARLES So as the Marriage halted vpon both feet and was not cleare on either side But for the Contract with King CHARLES the Exception lay plaine and faire for that MAXIMILIANS daughter was vnder yeares of consent and so not bound by Law but a power of Disagreement left to
either part But for the Contract made by MAXIMILIAN with the Lady her selfe they were harder driuen hauing nothing to alledge but that it was done without the consent of her Soueraigne Lord King CHARLES whose Ward and Client shee was and Hee to her in place of a Father and therfore it was void and of no force for want of such Consent Which defect they sayd though it would not euacuate a Marriage after Cohabitation and Actuall Cosummation yet it was enough to make void a Contract For as for the pretended Consummation they made sport with it and said That it was an argument that MAXIMILIAN was a Widdower and a cold Wooer that could content himselfe to be a Bridgrome by Deputie and would not make a little Iourney to put all out of question So that the young Lady wrought vpon by these Reasons finely instilled by such as the French King who spared for no Rewards or Promises had made on his side and allured likewise by the present Glory and Greatnesse of King CHARLES being also a young King and a Batchelor and loth to make her Countrey the Seat of a long and miserable Warre secretly yeelded to accept of King CHARLES But during this secret Treatie with the Ladie the better to saue it from Blasts of Opposition and Interruption King CHARLES resorting to his wonted Arts and thinking to carry the Marriage as hee had carried the Warres by entertaining the King of England in vaine beliefe sent a solemne Ambassage by FRANCIS Lord of Luximburge CHARLES MARIGNIAN and ROBERT GAGVIEN Generall of the Order of the Bonnes Hommes of the Trinitie to treat a Peace and League with the King accoupling it with an Article in the nature of a Request that the French King might with the Kings good will according vnto his right of Seigniorie and Tutelage dispose of the Marriage of the young Duchesse of Britaine as hee should thinke good offering by a Iudiciall proceeding to make void the Marriage of MAXIMILIAN by Proxie Also all this while the better to amuse the world hee did continue in his Court and custodie the Daughter of MAXIMILIAN who formerly had beene sent vnto him to bee bred and educated in France not dismissing or renvoying her but contrariwise professing and giuing out strongly that hee meant to proceed with that Match And that for the Duchesse of Britaine hee desired onely to preserue his right of Seigniory and to giue her in Marriage to some such Allye as might depend vpon him When the three Commissioners came to the Court of England they deliuered their Ambassage vnto the King who remitted them to his Councell where some dayes after they had Audience and made their Proposition by the Prior of the Trinitie who though hee were third in place yet was held the best Speaker of them to this effect MY Lords the King our Master the greatest and mightiest King that raigned in France since CHARLES the Great whose Name he beareth hath neuerthelesse thought it no disparagement to his Greatnesse at this time to propound a Peace yea and to pray a Peace with the King of England For which purpose hee hath sent vs his Commissioners instructed and enabled with full and ample power to treat and conclude giuing vs further in charge to open in some other businesse the secrets of his owne intentions These be indeed the precious Loue-tokens betweene great Kings to communicate one with another the true state of their affaires and to passe by nice Points of Honour which ought not to giue Law vnto Affection This I doe assure your Lordships It is not possible for you to imagine the true and cordiall Loue that the King our Master beareth to your Soueraigne except you were neare him as we are He vseth his Name with so great respect he remembreth their first acquaintance at Paris with so great contentment nay hee neuer speakes of him but that presently he falls into discourse of the miseries of great Kings in that they cannot conuerse with their Equalls but with Seruants This affection to your Kings Person and Vertues GOD hath put into the Heart of our Master no doubt for the good of Christendome and for purposes yet vnknowne to vs all For other Root it cannot haue since it was the same to the Earle of Richmond that it is now to the King of England This is therefore the first motiue that makes our King to desire Peace and League with your Soueraigne Good affection and somewhat that hee findes in his owne Heart This affection is also armed with reason of Estate For our King doth in all candour and franknesse of dealing open himselfe vnto you that hauing an honourable yea and a holy Purpose to make a Voyage and Warre in remote Parts he considereth that it will be of no small effect in point of Reputation to his enterprise if it be knowne abroad that hee is in good peace with all his Neighbour Princes and specially with the King of England whom for good causes he esteemeth most But now my Lords giue me leaue to vse a few words to remoue all scruples and misse-vnderstandings betweene your Soueraigne and ours concerning some late Actions which if they be not cleared may perhaps hinder this Peace To the end that for matters past neither King may conceiue vnkindnesse of other nor think the other conceiueth vnkindnesse of him The late Actions are two That of Brittaine and that of Flanders In both which it is true that the Subiects swords of both Kings haue encountred and stricken and the wayes and Inclinations also of the two Kings in respect of their Confederates and Allies haue seuered For that of Brittaine The King your Soueraigne knoweth best what hath passed It was a Warre of necessitie on our Masters part And though the Motiues of it were sharp and piquant as could be yet did he make that Warre rather with an Oliue-branch then a Laurel-Branch in his Hand more desiring Peace then Victorie Besides from time to time he sent as it were Blank-papers to your King to write the conditions of Peace For though both his Honour and Safetie went vpon it yet he thought neither of them too precious to put into the King of Englands hands Neither doth your King on the other side make any vnfriendly interpretation of your Kings sending of succours to the Duke of Brittaine for the King knoweth well that many things must bee done of Kings for satisfaction of their People and it is not hard to discerne what is a Kings owne But this matter of Brittaine is now by the Act of GOD ended and passed and as the King hopeth like the way of a Ship in the Sea without leauing any impression in either of the Kings mindes as hee is sure for his part it hath not done in his For the Action of Flanders As the former of Brittaine was a Warre of necessitie so this was a Warre of Justice which with a good King is of equall necessitie with danger