done who determined to go to my lord himself at the rising of the house and so he did My Lorde desired certayne words more to be put in the warrant which the speaker saâ— he would put too in the after noone The Speaker deliuers Dyster the warrant which being broughte to my L. keeper his lordship presently directed two letters one to the Cursitaries of the Chancerie an other to the â—x Clerks The xxvij of the same month for these actions froÌ„ day to day and dayly for the most part now continued The Speaker declared to the whole house what hee had done and the Clerkes of the Chaunceries answer to the L. keper how there was no president to be founde among them in that case wherewith Hall found himselfe grieued in his mans behalfe saying the Attâ—rney of the Dutchie who was a committee to searche the Recordes before knew that well inough and that the Speaker did determine that cause wherby the delayâ— was greate the Speaker replyed and sayde It was not well done so to charge hym for he didde nothyng but what was determined by the house which Hall denyed Master Nidigate wished the liberties to be preserued â–ª Sir Francis Knolles Treasorer of hir Maiesties housholde maister Comptroller and Sir Water Mylde may agreed as muche yet aduisyng recompense to bee hadde Maister Popham and mayster Norton could not brooke that executions should be dispensed withall â–ª Sir Henry Kneuet vnripped parte of maister Malleries behauiour to maister Hall 〈◊〉 consideration to be thought 〈◊〉 for that Mallerie dydâ—â— touche Hall for speeches in that house as you haue hearde before place not meete to be tabbered of the execution he â—huft beâ—â— continue with the sergeant til further deliberation Accordingly he was brought to the barre but not by the sheriffes for they seemed to good to execute that office two sergeaÌ„ts serued the turne and as you haue heard it decreed so was it done M Recorder ran harde on that string that Smalley should yelde himself that he should cautelously deale indirectly with that place praying breathing in the matter and tho they had passed in the cause as is recited yet they shold not doubt vpon good occasion to reuerse the iudgement they had past producing a president hapned in a Parliament wherin he was which fel out in a bil for the Uintners of London It was so that they labored for a statute to passe touching wines whiche was to be red argued in the after noon on the Saterday Many of the Parliament were that day at diner feasted by them Their good chere ended to counsell they goe Bacchus spake in the parliament as the sequele doth declare for his ministers the Uintners what more the lawe had free passage It was but a dare betweene as master Recorder said a Monday morning they found a fault with their Saterdays after noone work and made no bones aduisedly to dash that which 〈◊〉 Uinteners good chere had vnadâ—â—sedly caused them to 〈◊〉 late a satâ—rday this tale and 〈…〉 no 〈◊〉 CoÌ„mittees were appointed for the examination of the maâ—ter and recompeÌ„ce to be had to Mallerie The whole counsell of the house â–ª who were Maister Treasorer M. Comptroller sir Thomas Smith and maister Frauncis Walsingham Secretaries â—ir Raulâ—e Sadler Chauncellor of the Dutchie of Lancaster 〈◊〉 Walter Mildmaye my Lorde Russel â–ª sir Henry 〈◊〉 also with them Mayster Hatton Mayster Louelace their place of meeting was the Checker Chamber the time the seconde of the next Monethe whiche was the Wednesdaye after The Speaker by 〈…〉 we not 〈◊〉 of the house 〈…〉 he deliuered from the Sergeant vpon M. Halles words for his foorth comming wheÌ„ he shuld be required it 〈◊〉 conseÌ„ted to Tha. â—â— of March in the 〈…〉 by what meanes 〈…〉 I haue enquired of who wer sir Owen HoptoÌ„ sir Nic. Arnold sir Wil. Winter M. doctor WilsoÌ„ master of the requests M. PophaÌ„ M. Colby M. Croke M. Norton In the aâ—ter noon in the escheker chaÌ„ber came togither maister Tresorer M. Mildmay M. Hatton Sir Henry Kneuet sir Nic. Arnold sir Owen HoptoÌ„ sir Wil. Winter M. Louelace M. Wilson M. PophaÌ„ M. Colby M. Croke M. Norton toward the euening M. Comptroller Hal declared vnto theÌ„ that he marueled to see so many coÌ„mittees in the cause wherin he was a partie they to be named without his coÌ„sent he specially toke exceptioÌ„s to M. Norton who was wel plesed to depart But M. Mildmay told M. Hal ther was none there wold be ruled by him wher vpoÌ„ he kept his place In the beginning of Hals spech to the coÌ„mittees for the appoyntyng of them one with some choler saide hespake not truly A hard word you know among some precise gaâ—ders in forain places sufficient as you haue seen it to make Hal far forget himself but proceding he declared the occurreÌ„ts betwene M. Melchise 〈◊〉 Mallerie and him whiche he did but lightly passe ouer bâ—cause he was dead so coÌ„ming to the dealings since he deliuered theÌ„ as you haue herd theÌ„ mentioned therfore I think it nedlesse to repete theÌ„ again M. Andrew Mallerie folowed vrging his brothers hurt his charges his arestings his death denying part of Halles allegations protesting Smalley was arested agoinst his wil forcing cautele fraud at lest to be in him if not also in his master at whom he glanced diners times with terms might wel haue bin left as M. Mildmay M. Wilson did aduise him The Secondaries of the two CouÌ„ters M. Mosley M. Christoffer were examined vpon their 〈◊〉 apart some of the sergeaÌ„ts Mosleis men others also Smaley who vpon the interrogatories confessed he knew Kertleton that he was his masters scholemaster 〈◊〉 he was willing inough to be arested bicause he wold haue his sureties discharged he was demaunded whether M. Hal was priuie to the Scholemaisters doings his or no in 〈◊〉 wherto he asked whether they wold haue hym accuse his mayster answer of sufficient importance to bring suspition of hym whether hee had bene a partener in the 〈…〉 Mildmays and some others verye honorably coÌ„fessed it should be extraordinary proceeding and therefore dealt no further therein beyng very late aboute seuen of the clocke are they rose they deferde theyr finall resolution what they would awarde Mallerie till the next morning which they would agrée on in the Treasury chamber at theyr rising Hal was very inquisitiue of some of the Comittees who were most his friendes and contraries in the matter and was certified more than I would he had bene and more than I will put in wryting Tho nothing were done but with wise and graue consideration the vnkindnesse was and may be conceiued can do no good I saw him enter into the chamber the CoÌ„mittees vpon earnest talke from whome some wordes were ouer harde which might be wrested to be spoken of great affection against him he followed M Hatton to the Courte shewyng him that he gathered there were
cockpitte yarde too him and séeing my Lorde putting off his cappe lefte him and stil restlesse in hys minde he retournes to Poules where hee méetes Maister Farmer of whoÌ„ he receiues as much as Maister FinchaÌ„ deliuered and so much more as it is straunge that any man shoulde haue the disposition to vtter At Maister Frauncis Woodehouse lying in Charter house Churche yarde at a lodging of my Lorde Pagettes and there mette that nyght at supper maister George Cheworth maister Farmer maister Fincheam and maister Roberte Bale where Malleries wordes were againe recited Supper ended Hall went forthe in some soddaine being required earnestlye to tarye but hee promising partly to retourne departed and finding three of his men at the dore as in very deede he hathe kepte more than his abilitie as it is thoughte is able thoughe he had more in the Towne who were slacker in attendaunce with them whose names were Edward Smalley Iohn Nicholas Henry Woodward he went to Wormes found in the place Maister Butcher Maister Fisher and others and at tables M Mallerie playing wyth Mayster Iohn Spenser sonne and heire to sir Iohn Spenser and drawing his dagger mente as hee saith too haue stroke M. Mallerie therewith on the face thoughâ— his backe were towarde him Mallerie hauyng a glaunce of hys hande bowed downe hys heade crying oute wherewith M. Hall beeing readye too haue followed wyth an other blowe he was helde the house growyng full as with my Lorde Souche many Gentlemen and other by the noise of the struggeling and Malleries crye in whiche time so recouering hymselfe drue his dagger and mighte as easilie haue slayne M. Hall beeing in handes as hee hadde pleased but what was his staye god onelye knowes M. Hall seeing himselfe in this daunger and his dagger also in that moment wrested out of his handes wyth greate furis saide wil you holde me while I am murdered â–ª with that his three men not knowing any part of the quarrel came in of the which Iohn Nicholas hauing his dagger drawen stroke ouer his Maisters head to haue hit Mallerie hee stouping downe before M. Hal scaped the blowe sauing a smal cut in the backe part of his skul with the pointe the hilts light on his Maisters pate with the part of the blade next y same cutte his forehead M. Mallerie would haue runne out of the doore but Woodward hauing his sword drawen knew not whoÌ„ to strike made hym doubt The bloud fel faâ—â— in M. Hals eyes so that with the company and the want he was quiet yet wiping the same out as fast as he could he had a sight of M. Mallerie and taking one of his mens daggers â—â—oÌ„ theÌ„ was pressing to Mallerie who with a great shreke ranne with al speede out of the doores vp a paire of Stayres there alofte vsed moste harde wordes againste M. Hal as are before recited moreouer auouching he was a traytor in déede left nothing out which might almost be to the preiudice of any honest mans good fame and that in the bearing of Sir Iohn Conway Worme the good man of the house others My lord Souche vsed some hote spéeche too M. Hal as hee was a dressing for y he vsed such disquietnes in his lodging but sir Iohn Conway did very worshipfully satisfie my Lorde so that no matter grew therof Among the reste I remember that M. Hal smarting in being drest aduised the surgion to vse him wel saying he was beholding to his hornes that the wound was not greate there was that remembred the olde prouerbe that it was not good iesting with edge tooles The nexte day being the firste of Iuly M. Mallerie was at dinner at Wormes and therfore his hurt was not very great where maister FinchaÌ„ was c. there he gaue it out that he carryed a reuenging mind would be reuenged on Maister Hal if he could take him at any aduantage To veryfie such meaning Master Edward RaÌ„dal of London sente M. Hal worde that M. Mallerie hadde affirmed that he would shew him an Italian tricke intending therby to do him some secret vnloked for mischiefe Til the sixth of this month M. Hal lay at Maister Frauncis Woodhouse his house not being fit to goe abroade for his hurte but with a mufle in maner halfe ouer his face yet vpon busines he had in the countrie of Lincolneshire where he dwels he toke hys iorney thitherward that same day hiring post horses taking with him one Roger Moore seruaÌ„t to master Wodhouse wâ—â— was very fiâ— in a maner acquainted with the dressing of such hurts as M. Hals was In his absence M. Mallerie reported that he was gone out of the towne disguised toke none of his owne men with him bycause he wolde not be knowne howe hymselfe lay to meete him by the waye as indéede he did mist the knowledge of him and in diuerse open places offred teÌ„ pounde to any man could bring him into the fielde that hée might try the cause The 22. of Iuly M. Hal came to London where hee hadde knowledge of many of M. Malleries defamations of him yet that time so serued for it it had pleased their noble good mindes my lords the Erle of Sâ—ssex and Leicester to accept in matching at shoting M. Hal that he directed himselfe to attend on their honors the time of the progresse to perfourme the matches set downe betweene theÌ„ and therefore with asmuch spéede as as he could he dispatched his businesse to that purpose which soner he had done wyth fulfilling of his duty if his forehead had bin ful hoale The second of August he went to the Courtward at Sudley the house of the Lord Shaundoys late disceased now that old Ladies ioynture he found hir maiestie so remained til his highnesse came to Winchester where leauing the courte the 14 of SepteÌ„ber he came to his own home into the couÌ„try At Mychelmasse terme following he came vp to London and so continued M. Mallerie and he many tims in sight one of another and no harme done but fatum is ineuitabile else Troy perhap had stoode so it might haue bin this stage shewe had not made so many laugh Of all dayes in the yeare it was the 29. of Nouember M. Hal dyned at Iames Lumelius in Bishops gate streate the son as it is sayde of old M. Dominicke borne at Genoa of the losse of whose nose there goes diuers tales but tho he waÌ„ted a piece there he waÌ„ted nether honesty nor sensible good iudgement And coÌ„ming by master Arundels lying in his way to his lodging for the men who owe money in Cheapside like not alwaies to be pluckte by the sleue and therfore toke Sainte Martines the next way from Bishops gate to Pater noster Row he found at dice master Anthony Rush master Drake master Iasper More master Beniamin Hanam and master Rich. Gréene and fel to do as the rest hauing tryed the pastime a while
together master Drake left the rest continued in which time came M. Mallerye vppe and pressed nere M. Hall who was throwing the dice who seing his hawâ—â—e gate couÌ„tenaÌ„ce pluckt off his gowne froÌ„ his right arme hauing a short gowne of veluet on threw his chauÌ„ce out Mallerie went thorow the rowme out of the vpper dore as he had had to do with some Gentleman in his chamber in the house wherewith Maister Drake came to Hal and sayde you stande in doubte of him he answered no but least he strike when I am otherwise occupied quoth he tende your play mistrust not that I will minde him He had no sooner spoken the worde but Mallerie returned Hall styl throwing the dyce with his hande on his dagger pressed forward Master Drake stoode betweene them both whiche Mallorie perceyuing or whether he woulde not disquiet the companie went to the ende of the borde it being square and vsed the same behauiour and then with the countenance he entred the house he departed M. Hall assoone as he had ended his throw left play and commyng into the hall met Smaley his man to whom he saide Iesus can you not knocke the boyes head and the wall together sith he runnes a bragging thus Smaley made answere he had not seene him with this Iohn Nicholas who had hurte Hal his Master as you haue heard began somwhat to be sory that he had not done asmuch as was spoken of and swore he should haue it Wherevpon M. Hal charged them in any case not to hurte him with any weapon but if he sought any matter to cuffe him aboute the eares saying for the rest I my selfe will take order To Powels M. Hal comes finding in the Churche M. Roger Townesende M. Thomas Farmer and Master Frauncis Woodhouse with whom walking he declared M. Malleries behauiour at Arundels in the midst of whose speech Mallorie entred the Church and passing twice or thryse by Hal with great lookes and extraordinarie rubbing him on the elbowes with spurnyng three or foure times a Spaniel of M. Woodhouses following his maister and maister Hal Iohn Nicholas went out of the Churche at the weste dore and so did a pretie while after him into the Churchyarde M. Townesende and M Woodhouse who both entred a bookesellers shoppe to looke on Bookes M. Mallerie with his maÌ„ after him went out at the same dore Nycholas spying Mallerie past him â–ª hasted after ere he came to the two stoupes as ye goe to Ludgate stept before him wherwith Mallerie drew his rapier and bad his man take him to his sworde and buckler whiche both were done Nycholas his sworde not yet being out a fewe blowes they dealt togither they two vpon Hals man who they put in such daunger might haue done more if they had wel set themselues to it as M. Townesende Woodhouse were aboute to will same of their men to goe to his reskew but at the instant Edward Smalley drewe to his fellow and strikyng at M. Mallerie cut him downe the chéeke and so the play was marde Also after Smalley came one Iames Chamber a seruaunt of M. Hals who likewise drew his sworde and his Maister charging hym therewith he did proteste he did it to saue M. Mallerie froÌ„ more hurte and to part the busines Smalley returnes into Poules and laughing came to his Master telling how he had giuen him a boyes marke â–ª wherewith M. Hal was greatly offended beshrewyng hym very earnestly Iohn Nycholas was taken by the Conestable and M. Hyggins the Seriuener being bouÌ„d for him he was deliuered After supper M. Hal came to Mistres Arundels where Master George Scot toke him aside and demaunded of him whether he were pryuie to M. Malleries hurte he answeared of his fidelitie and credite no but was more sory for it yet withall that he had ought him a worsâ—e turne but not to haue bene in that â—orte yet quoth he what is done cannot be vndone therfore now it must be borne off with the head and shoulders And that if any Gentleman will defend his cause I will so answeare hym as shal be accepted of and tho my men haue done that which with all my hart I wishe vndone yet may I not refuse them nether will withall he told M. Scotte much of M. Malleries dealings to him warde with offer to proue them by men of worship and credite so that M. Scotte seemed satisfied very friendly aduised M. Hal to take heede to himself whom he greatly thanked for his good warning tho he answered he mistrusted no harme The first of DeceÌ„ber M. Mallerie for his hurt had the aduise of M. Silua a Piemontois a practiser in Physicke Surgerie to whom he vttered such thoÌ„dering spéeches against M. Hal such heauie threates that M. Silua mistrusted some great coÌ„sequent would folow being very often with the L. Katherine Dutchesse of Suffolke where diuerse of M. Hals name kinred be many times coÌ„uersant some attendant on hir as a bountyfull wel wisher to the whole family declared to hir the danger he conceyued was contriued against M. Hal she very honorably gaue him notice thereof yet in part did condemne the hurting of M. Mallerie for that some vntruthes touching the same had sounded in hir eares The iij. of December M. Hal late in the euenyng being at M. Howe 's house a goldsmith in Cheapeside his men atteÌ„ding at the dore Smalley was arrested at M. Malleries suyte of an action of the case the damages a thousand markes for his hurt his Master desired M. Henry Gilbert a Goldsmith next by M. How to stande bounde for him which most willingly they did as persones to whome not onely at this time but at al other occasions M. Hal had greatly bene beholding During this pastime M Hal had great warning to haue respect to himself wheras he was oft to passe betweene LoÌ„don his house in the Countrie the iiij â–ª of December M. Drake very frieÌ„dly told him he had heard speeches which were that he should hardly recouer his owne home when he should returne for such as lay in the way for him The next day after M. WilliaÌ„ Hill one Walter seruant to Worme gaue M. Hal to vnderstand how M. Mallerie had with great protestation vowed to slea him Tho these parces must needes be disquietnesse to the persone of whose death so many determinations were giuen out yet surely I found M. Hal made vertue of necessitie what soeuer he thought he shewed he bare the mater light The xviij of December the Courte being at Hampton maister Hal supt at maister Comptrollers Sir Iames Croftes then and now holding the office where was my L. Talbote my L. Northe Sir Henry Sidney now Lord deputie of Irelande M. Gilbert Talbot M. Henry Grey and M. Thomas Cornwallis with others as my selfe c. After supper the Comptroller and the Lordes going to the presence M. Corwallis in the court where the Conduyte
made for agreement tho vnwillingly maister Hall agreed thereto Accordingly in the Speakers chamber where met M. Hopton no more of the committees there were M. Popham M Dalton M. Ploden who was no parliament man Master Andrew Mallerie and his brother was moued to agreement The speaker offeryng him fiftye pounde but not hearing on that syde with determination to declare to the house their doings the next morning the company seuered In the morning in the voyd place before the ParliameÌ„t dore M. Hopton M. Arnold M. Louelace called M. Mallerie to theÌ„ who would haue no lesse than a hundred pounds for the execution and the other matters to determine as law might Hal wold none of that to the committees laboring in vaine deferre the cause to the iudgement of the house yet such billes were in hand as there was no conuenient time to make the report The .20 day M. Louelace declared directly to the house their whole doing touching the arrest whervpon M. Hal folowed crauing consideration of the cause alledging that if the Queenes ordinarie seruants souldiors in garrison men with protections granted from the Prince had greate freedome from arrestes whiche no man coulde denye howe muche more shoulde â—he members of that house haue priuiledge And wheras it was vrged of some that it was against lawe to deliuer a man of an execution and therfore the partie therin coulde not be deliuered but that the playntife shoulde be punished by imprisonment Hal declared that that was no sufficient mendes saying that one might make a letter of attâ—rney to an abiect in respect of the arresting of diuers knights and burgesses of the house vpon statutes which are executions of themselues to which they must obey leane their countrey vnserued and the worker therof to bee imprisoned a small penance for so greate a fault no recouerie to the partie wronged by the offence nor sufficient punishment to the carelesse preferrer of his owne priuate profite before the whole and vniuersall benefite of the Common wealth Maister Comptroller sir Iames Crofte repugâ—â—d Halles speeche M. Recorder in verie auncient presidents whâ—riâ— he is â—el seen hauing red much stoode fast for the liberties of the house maister Frauncis Alford master Sentpoole masâ—er Binbâ—â—g Maister Nidigale soundly followed on What moued him I know not onlesse some report brought him M. Hall should vse of a neere mere frende of his whiche as I haue heard Hall protest most assuredly hee neuer thoughte of so are they better ouerslipped than put in writing M. Speaker desired leaue to shewe his opinion which graunted he aduised the house to haue regard to their doing and not to proceede to the discharging of an execution against law which if they should doe the Iudges would rule them ouer which he shuld be loth to see M. Bricket replyed to him saying that they wer not to be ruled â—uer by any in those cases but others to be directed by theÌ„ The speaker wold haue had the matter deferred which would not be theÌ„ he moued whether M. Hal shuld depart the house bicause he seemed to be a partie the most were of opinion yea and so he went forth The question was put whether Smalley should be deliuered of his execution or no the yea was the greater yet must the house be deuided and so was it found In the afternoon M. Hal went to the speaker to the TeÌ„ple with whome he found no body but 〈◊〉 Hal his man and among other talk praying his man might be deliuered he told him that he meruailed that he delt so extraordinarily against him as to craue leaue to speake in the preiudice of the priuiledge he semed to be moued therwith and said he had done no more thaÌ„ he might which he wold do and that M. Hall did not well so to take exceptions to him â–ª He aunswered he had not seene the like before and therfore toke it vnkindlye With this M. Bowyer the Sergeant came in and had M. speakers man goe out M. Speaker affirmed that M. Louelace had fauorably reported the matter and not as it was whyche if it hadde faln out for hym to doe the consequente woulde haue ben other wyse In â—he he could take no order for the deliuerance of Smalley forasmuch as the maner how he shuld be discharged was not determined in the house but aduised Maister Hall to moue the Parliament of it and he should be heard confessing that Mallerie for his wilfulnesse hadde well deserued to loose his execution if it had ben muche more Hall offeryng hym so largely The nexte day Hall called vpon his mans busynesse there were appointed maister Saint Poole mayster Recorder maister Sackford maister of the Requestes maister Bromley Atturney of the Dutchie and master Roberte Snagge to meete at the Rolles in the after noone and to make searche howe the iudgement of the house shoulde be executed whether by writte or by the mace wyth the Sergeant Accordingly maister Bromley made reporte of their trauayle alledging they coulde fynde no president where any were deliuered by writte vppon an execution but vppon arrestes dyuers It was agreed the Speaker should directe a warraunt to my Lorde keeper of the great seale Sir Nicholas Bacon to make a writte for the enlarging of the prisoner and that maister Hall should goe to my Lorde and bee sworne that Smalley was his man After diner he attended at Suffolke place where my Lorde laye of whome my Lorde demaunded what his mannes name was who was in execution Hall aunswered Edward Smalley the booke being held my Lord asked hym whether he knewe Edwarde Smalley or no which he did whether he were his man or no whiche hee was Howe long Three or foure yeares whether he was attached before the Sessions of the Parliament or since Since was sworne My Lorde very honorably vsed maister Hall and hade him farewel who presently repaired to the Speakers chamber at the Temple whom he found at Supper and with him maister Sandes mayster Norton Parliament men maister Onsley the Clerk master Câ—nisby Hall told the Speaker he was sworn whervpon he directed master Onsley to make a warrant to be sent to the Chancerie for the writ to discharge the arrest Onsley required master Hal to send him a note of the procedings therin by the which he might the more particularly pen it The notice giueÌ„ to the chaÌ„cerie for this writ Hall sent by Iames Chambers his seruant to master Diâ—ters office who denied he had any president in the like case yet with him repaired to master Garth also a Chauncerie officer to whome this matter was french not beeing acquainted at any tyme with the like he sought out maister Couper who durst not deale in so extraordinarie a cause To my Lord keper he goes who answered he was not to receiue messages from the house by any body but by the speaker and willed that he shoulde come to him The next morning Hall made relation to maister Speaker what had bin