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A00060 An harborovve for faithfull and trevve subiectes agaynst the late blowne blaste, concerninge the gouernme[n]t of vvemen. wherin be confuted all such reasons as a straunger of late made in that behalfe, with a breife exhortation to obedience. Anno. M.D.lix. Aylmer, John, 1521-1594. 1559 (1559) STC 1005; ESTC S100367 81,623 134

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Scripture which commaundeth a brother to be a king emong the Iewes had no relacion to a sister as these mē make it but to straungers For it followeth non constituus regem alterius gentis Thou shalt not make the a kinge of a straunge nation For the people of God hauing no neighbours that worshipped the true God as thei did could not haue chosen any straunger to be their kinge but they shoulde haue bene in daunger of swaruing from God and falling to Idolatrie And therfore was it necessary to apoynt great coate to Englande no more than you wolde apoint the English law which is the litle cote to Rome our lawe muste direct vs because it best agreeth with our country we haue no further to do with the ciuil law then in arch matters that is for testaments mariages and such other as for landes and enheritance pains for offences and many other poynts touching the law ours doth meruelously iarre with the ciuill law as we shall in some poyntes declare VVherfore to burden vs with the ciuil lawe is asmuch as if you shoulde perswade the Scottes to vse the Garamantes law to kil men at .50 and women at .40 because the countrey being somwhat barren can not wel norish such as by their age can do no greate good But that you may see that the ciuill lawe and oures agreeth like harpe and harrowe we wil confer them in a fewe poyntes And because this matter wherof we treate concerneth enheritaunce we wil first speake of inheritance In England the Eldest sonne inheriteth the sathers landes only sauing in Gauel kind And in mi opinion it is good pollicie for the continuaunce of houses For nothing soner destroieth greate houses then the deuision of then heritance as it appeareth in Germany The deuision of inheritance destroyeth noble houses and wil more hereafter to our posterity when the yong brothern shall not be made abbottes bishops and cardinals as they haue hitherto bene In the Ciuil law the children succede indifferentlye in their fathers patrimony in fendis the sonnes and in other both sonnes and daughters l. max. vit ff sancimus C. de lib. praet Itē in Autent de hered ab intest in princ et in ff 〈◊〉 et ff cum filius Iust de hered VVhere you see not only our lawe farre to disagree with this But also that the ciuil lawe graunteth enheritaunce to the females whiche you would plucke away The cyuill lawe geueth the father power ouer his childe in lyse and death specially that whiche is called Ius vetus as it aperith Le. 2. C. de par qui fil dict et le in suis Edelib et posth C. de pat ptatē But in England if any father should kill his sonne he should be try sed vp for his labor The cyuill lawe maketh the children of traytors Infames but committeth them not to perpetual prison as they do in Englande In the cyuil lawe the king or lorde of the soile T it de legtute ff lo. Ti. Iust de le app tut hath nothinge to do with wardes or tutorshippes but the next of kynne if the father in his lyfe tyme apoynte none but in our law the kyng hath the wardeship of all that holde of him in capite or knightes seruice And as it was graunted to the crowne vpon a necessary respect So must it not be pulled away VVardeships are not rashly to be pulled from the prince so longe as the same cause remaineth It was geuen him at the first in consideration of the great charges in warre and the smale reuenues that belonged to the crowne And though suche orders seme hard thorough thabusing of thē by some gredy guttes Yet the realme hauing alwaies almost contynuall warres with the Frenche or Scottes or both who so euer goeth about to pul from the crown suche helpes vnwittingly maketh a breache for the enemy to inuade vs. VVherfore I would wishe that suche as out of gods boke will comptroll the kinges exchequer should well vnderstand the matter befor he brought it into the pulpit In the ciuill lawe Cōst Iust l. fin C. qūd tut velcur esse desinūt the tutorshippe endith in the males at .14 yeares of age and in the females at 12. But our lawe kepeth him in nonage vntill 21. yeres The cyuil lawe by ndeth not him to marry by the force of his wardship where his Tutor wyll L●nec sil Cde nup. I sisil famile si puel tut l. in cō uict C de nup. C. de nup. Marriage must be free and in his own choise and may not be compelled by his father muche lesse by this tutor But in England he tutor hath his mariage or maketh him to paye tor his libertie how that cōmeth to passe and how in different it is let the lawyers answer I medle no surher but to she we that it is so The cyuill lawe so sauoreth lyfe that it graunteth a traitour his aduocate to defend his innocencie L. seruū ff publ vi castr nu 5 Bart. but in our lawe he can haue none to speake for him but him self For the fault is coūted and that iustly so heynous that it taketh frō him all maner of helpe to put other in feare Againe the cyuill lawe cōdempneth no man onles he either confesse the faulte or be openly conuicte by witnes sufficiēt But our lawe cōmitteth it to the veredict of 12. mē indwellers in the coūtrey wher the trespas is cōmitted The triall of capitall crimes by 12. men who pronounceth giltie if they thinke so whether he confesseth it or no and oft tymes rather vpon their own cōscience then ani great witnes or other euidēce This order as it was in it self at the first without corruptiō was maruelous concionable and godly and in my iudgemēt much better then the cyuil order For they to wring out the cōfession of the fault cōmitted are driuen to vse tormentes and to puny she before they haue tried the faulte wherein they are ofte ty mes deceaued by rackynge those whiche haue not offended and dryuinge them for paynes of tormentes to saye that they neuer did as I haue harde happened at Tubinga in the wirtenberg lande Against racking that a man was broken vpon the whele for murdring an other which after was foūd a liue the smarts of the tormentes made him to confesse it and lye of him self In monument wherof his image standeth yet in a glasse wyndowe of the churche euen as he was vpon the whele Agayne there was in Englande an Italian not longe agoo who as they saye passed thorowe all the tormentes in Venice and escaped without confessing the faulte whiche in deede he hadde committed On the other syde our The quest mongers 12. men the questmongers being indwellers in the countrey and men of skyll shall learne by the circumstannces as by the life of the mā the commō fame of the people or their own search in the matter
Quene to enryche the robber And you husbande men whiche haue Gods plenty aboundaunce of his blessinges Sticke not to helpe your natural cuntrey so muche as you can God is benificiall vnto you be not vnthankfull to his chefe minister For like as the springes and brookes renne into the sea so must all mens trauail tourne to the defence of his coūtrey If the springes should withholde their water at the last the sea shuld lacke So if euery one of you hold back your hād what shal become of your coūtrey next of your selues The Philosophers say that the sonne draweth vp the moistnes of the water in the sea and therof maketh the cloudes whiche after according to the wil of God be caried ouer al the face of th earth to water it of that water which cōmeth frō the cloudes riseth the springes and ryuers so that neither the sea can be without the springes nor the springs with out the cloudes nor the cloudes without the sea Lo what a mutuall contributiō here is in helping one an other In like maner if you yelde not to the defēce of your coūtrie parte of your frutes it shal be ouerrūne for lacke of helpe with your enemies and what shall then become of you If you yelde liberallie to your head she shal be hable by Gods grace to defend you with her souldiars so that you may eare in hope sow in suertie reape with ioye and eate with plēty Is not this sea of yours your countey and quene by many meanes sucked drie thynke you Is it a Small charge to maynteyne a nomber of shyppes against the Frēche that they haue no leasure to lande in Englande and inuade you To maynteyne an armie in the borders to keepe the countrey from burnynge and spoylynge VVhat saye you to the buyldynge of block houses by the seas side the prouisiō of harnes gunnes and weapons for the warre to the kepinge about her a great coūsel of wisemē to debate for your welth and safegard to the sendinge embassadors hyther and thither with a thousand more charges whiche wer to long to recken From whence must thys come but from the frutes of the earth which by quietnes you gather and without her defence you must lose Oh you count it a great matter to geue 3. or 4 shillings in the pound Oh England England thou knowest not thine own welth because thou seest not other countries penury Oh if thou sawest the pezantes of Fraunce howe they are scraped to the bones ād what extremities they suffer thou woldest think thy self blessed as in dede thou art whiche haste rather fathers and mothers to thy gouernoures then Kinges or Quenes The husbandman in Fraunce al that he hath gotten in his whole life louseth it vpon one day For when so euer they haue warre as they are neuer without it the kings souldiers enter into the poore mans house eateth and drinketh vp al that euer he hath geueth their horse his corn so longe as it lasteth without paying a farthinge and neuer departeth so long as there is any thing left in the hous This was the maner Hovv the french pezantes bee handled but this king hathe amended it with the wurse for his souldiours come not thither but his rakehels thofficers which pare them euen to the bones the pore man neuer goeth to the market to sel any thing but he paieth a tolle almost the half of that he selleth he eateth neither pigge gose capō nor hen but he must pay as much for the tribute of it there as it might be bought for here h. Ovnhappy and miserable men that liue vnder this yocke In Italy they say it is not much better The husbandmās state in Italie the husband men be there so rich that the best coate he weareth is sacking his nether stockes of his hose be his own skin his diet and fare not very costly for he commeth to the market with a henne or two in one hande and a dosen egges in a nette in the other whiche beynge solde and tolde he bieth and carrieth home vvyth him no Biefe or Mutton Veale or sea fishe as you do but a quarte of oyle to make sallettes of hearbes wherewith he liueth all the weke followinge And in Germanie thoughe they be in some better case then thother The countrimen in Germani yet eat thei more rotes then flesh For what cheare so euer they haue beside they are sure of rotes and stinckinge hearbes whiche they call crowte Thus these men liue and thinke them selues happy if thei may haue inough of this Now compare them with thee and thou shalt see howe happye thou arte They eat hearbes and thou Beefe and Mutton Thei rotes A comparing of the English mā vvith other coūtry men and thou butter chese and egges Thei drinck commonly water and thou good ale and beare Thei go from the market with a sallet ād thou with good fleshe fill thy wallet They lightlye neuer see anye sea fish and thou hast thy belly full of it They paye till their bones rattle in their skin and thou layest vp for thy sonne and heir Thou art twise or thrise in thy life time called vppon to healpe thy Countrye with a subsidie or contribution and they daily pay and neuer cease Thou liuest like a Lorde and they like dogges God defende vs from the feling of their misery I am a fraid our grutching and groning will make vs to taste of this whip as it must nedes come to passe if thy heade haue not wherewith to defende the these wil be the frutes of thy disobedience VVe liue in paradise England is the paradise and not Italy as commonlye they call it For they haue figges The frutes of England and Italy Orenges Pomgranates Grapes Pepons Oyle and herbes and we haue Shepe Oxen Kie Calues Cōnies Fish woll Leade Clothe Tinne Leather and infinite treasures more which they lacke VVe haue plenty of all thinges and they scarcesitie of all thinges Oh if thou knewest thou Englishe man in what welth thou liuest and in how plentifull a Countrye Thou wouldest .vii. times of the day fall flat on thy face before God and geue him thāks that thou wart born an English man and not a french pezant nor an Italy an nor Almane VVhat vvill follovv oure grutching If thou beiste not thanckfull to God and liberall to thy Quene and Country the poore pezante of Fraunce shall enioye thy wealthe and feele howe happye thou arte and thou shalt taste of his miserye to knowe howe vnhappye he is The Frenche shall teache thee to eate rotes and Acornes seinge thou canste not fynde in thy harte to doe thy dutie to them that mainetaine thys thy vvealthe Thou muste learne to drincke water if thou comest vnder his yocke and spare thy Barly and Ootes for his greate horses The Scottes in spite of vs The folye of the Scottes haue made him their heade but they shall tell me or it
Thaunciēt men Senators gaue him coūsel aduise to kepe the people in order by loue gentlenes and clemēcy thother aduised hym not to spare but to lay about him to chop of their heades to towre thē hāge thē burne thē awai with them dead mē do no harme and to make his litle finger heauier vpon his people thē was his fathers body These ware lusty laddes these were suche as would wyne all our lose all But they founde at the last as other that haue folowed them very Hieroboamites as wrissles VVyn chesters and some other their scholers yet aliue that as Horatius saieth vis consilij expers Horat. in od s. mole ruit sua fearsnes without wisdome and counsel cummeth to a so lishe ende I doubt not but hir maiestie if she could woulde chuse hir counsell of the nobilyte she being her selfe the head of that order and patronesse but if she shal espie out meaner men of greater experience farther reache and more scyence then they be it is not to be feared but thē nobles both for their owne safetie and the Quenes would gladly lotte to them selfes though she woulde not require it suche as myght put them in mynde of thynges they remember not either because they haue not exercised and beaten their heads about it or by lookyng to their lordships haue not had leisure to studdy for pollicies But wise men by study and noble men by birth wyll make suche an harmony in the commō wealth as neyther Frenche nor Scotte shal be hable to interrupte the concorde and it to be hoped that neyther the one parte in respect of their nobilitie wyll contempne the other for their basenes nor enuie thē for their wisdom nor thother part through thadmiracion of their own giftes set light by the honour aūciētnes of the peres 1. Cor. 12. Learne a similitude saith Paul of the body of mā how eche mēber is not the head yet hath his necessary vse in the bodye wherefore if some be wiser and some nobler som richer and som porer I doubt not but like good marmers they will all consider that they must all trauaile to bringe the ship of the common welth the Church of Christe and the Quenes realm to a quiet port which wil not be if they striue who shall tend the sail and who the helm who shall sounde and who clense the Pumpe who shal do this and who shal do that Iosephe with King Pharao kept by his counsel al the kings people from staruinge a meane man and a straunger pulled out of Prison wher he lay for a great crime Gen. 41. And Daniell gouerned Chaldea better then all the Princes ther and his seruice was more acceptable to the king then all the rest Mardocheus by the help of Hester Hester 8. kept Assuerus from the foulest murdre that euer was deuised And yet he was but a meane man to be of a kinges counsell being not onlye a straunger but also suche an abiecte as satte at the kinges gate without office dignitie countenaunce or anye estimacion yea and of suche a stomacke as he woulde not stoupe to the proudest of all the reaste M. Haman who was domine fac totum Vvhiche had like to haue cost him the best ioynte he caried aboute VVherefore if meane men be called to that honoure lette no manne repine at it For sometime vnder a homelye coate lieth hidden muche treasure and pure golde is founde among muche drosse Pro. 21. A wise man saithe Salomon climeth vp into the cities of the stronge and mightye and destroieth all the strengthe that he trusteth to if I had but. 10. Nestors said Agamenon Troy could not stand longe Consideringe then that aswell in the choise of counselloures as in all other thynges oure mooste deare soueraigne taketh that waye as all godlye wise men muste needes accompte the best and geueth vs by these buddes and floures so greate hoope of singulare frute we maye if we bee nor stoones in sence and monsters in malice cheare and feede our selues with the good successe we hope to haue by her One thinge there is that maketh my harte to blede in my belly for her That when al her progenitoures commonly haue founde their realm in quiet She good Lady receiueth it at the hande of her sister intangled I will not saye oppressed wyth forren warres the french on th one side and the scots on thother which sucking oute of their auncettors poisoned breasts immortal and dedly hatred against this realme lie in waite like theues to inuade and to spoil it In token wherof the french freke as it is said after truce was taken VVhē he hard of Q. M. death kept stil his Germains about him vpon hope that if there had ben any stir in England he might haue set in a fote And for that purpose had willed the cardinal of lotharing to confer with our churchmen to se what mighte be done whether he did so or no God knoweth but it is certain that the cardnall had suche commission but God hath dispatched their deuises And besides that she is thus lefte who seeth not the realme not Philipped but flesed for Philips sake by mainteining all the last sommer such a nauy on the seas and an army on the land besides som tokens of loue that passed I am sure from the Quene to her spouse to shew that she was a louing wife Alas what remeadye it is a miserable case Psal 10. but this will be the help first to flee to God and say on euery side In do mino confido quomodo dicitis animae mae transmigra in montem sicut passer Our trust is in God thoughe the French and scots and the deuil him selfe had conspired against our souerein whiche is anima nostra oure life and cōfort Shal not we with God and pollicy be hable to do asmuch for the preseruation of our coūtry as Philip of Macedonie did with pollicy alone Gemistus Princes of il beginninges oft mak good endinges who comming to his kingdom in as il case ād worse then this vertuous Lady doth to hers hauing the Illyrians the Paenyans the Thessalonyans the Boetians and the Atheniens in his neck so vsed the matter by making peax with some by leaguinge with other and by war with the rest one after another that within .iii. yeres space he gatte again that his ancettors had lost and made al his enemies to stoupe and not long after became themperor of al Grece 2. Samu. 3. In like maner Dauid entred into his kingdō when the Philistins had made a meruelus slaughter in Israel and killed king Saul ād his sōnes in the field ād yet with in a while he recouered the losses ād had the better of al his enemies round about him So I doubt not but God shal send this Iudith grace and power to cut of Holophernes hed and this Deborah to saue her people ād knock out Siceras brains com he either out
of fraunce or out of scotlād But so much the soner if al men like true subiectes put to their helping hande knowinge that it is theyr quarrell aswell as hers Come of you bishoppes away with your superfluities Aduise to the bishops yeld vp your thousands be contēt with hūdreds as they be in other reformed Churches where be as greate learned men as you are Let your portion be priestlike and not princelike Let the Quene haue the rest of your temporalties and other lāds to maintain these warres which you procured Bishoppes landes and your mistresse left her and with the rest to builde and founde scholes thorow oute the realme that euerye parishe church may haue his preacher euery City his superintendent to liue honestly and not pompously whiche wil neuer be onles your landes be dispersed and bestowed vpon many which now feadeth and fatteth but one Remember that Abimeleck when Dauid in his banishmēt wold haue dined with him 1. Sam. 21 kept such hospitaliti that he had no bread in his house to geue him but the Shew bred wher was all his superfluity to keepe your pretensed hospitalitie for that is the cause that you alledge why you must haue thousāds as though you were commaunded to kepe hospitalitie rather with a thousande then with a hundreth I would our country man VVicliefes boke whych he wrote deecclesia were in print and there shoulde you see that your wrinches and cauillations be nothing worthe It was my chaunce to happen of it in ones hand that brought it out of Bohemia Lay to youre handes Aduise to the noble men you noble men and rather sel a pece of your enheritance to help the Quene then by a little backwardnes to ventre all and to se a proud French man your heir or a Scot the steward of your landes learn you of thaunciēt senators of Rome and let your wiues take example by theirs to sette more by youre Prince then your pomp by your country then by your curiositie and vnsitting superfluitie in apparel dyet and other vnnecessaries Liui. 3 de These Romaines of whome I speake being stressed and almoste brought to the last cast by the long and daungerous warres of Hanibal and the Frenche did not only lyke louing fathers to their countrey bring in their mony and goodes without hinching or pinching to reliefe the charges of their cōmon welth But also partly by honest perswasiō and partly by their good exāple prouoked the noble matrones their wiues to bringe in their ouches ringes chaines bracelettes and other iewelles to be bestowed in the necessary defense of their countrey Oh you Englishe ladies learne here rather to weare Romain hartes then Spanish knaks Aduise to the ladies rather to helpe youre countrey then hinder youre husbādes to make your quene ryche for your defēse then your husbandes poore for your garish gainesse If euery one of you would but imploy your ringes and chaines or the price of your superfluous ruffes furres fringes and suche other trinkettes vpon the necessary defēce of your coūtrey I thinke you shuld make the quene much richer habler to mete with your enemies and your selfes much the honester reddier to withstande Satan whiche this waye goeth about to sift you leaue of your pride leaue a good example as the Romain ladies did to your posterite of loue to your countrey loyaltie to your quene To the Gentlemē honestie towardes God and man Be liberal you Gētlemē thinke it not inough to serue the quene with your bodies but helpe also with your goodes Suffer not the Gentlemē of Fraunce to make you their slaues Some of you knowe what natured men they be beware that the rest feele not It wil be a shame and to great a vilanie for you which in al ages haue bene hable to holde their nose to the grindstone nowe either for sparing of your goodes which is niggardie or feare of your liues which is cowardise to be their pezantes whose lordes your Auncettors were Loke to this geare you Lawyers whiche for a lyttle spending of your breath in chatering in the Chancery and common place become the Lordes of your cūtreis and leaue your sonnes so great liuelodes as thei be noble mens matches Some in sport cal you drudges and not iudges but I thinke in god earnest that it is contrary that you make you and your lordes and al other drudges In this your so gret gain forget not what you owe to your prince by whose protection you haue had leasure to study now time to plead If your countrie be not kept in peax your law wil be litle worth neither your copes nor coifes wil serue to any vse I would you could al finde in your hartes to be as liberal toward your prince as some of you haue bene of late to the orders of Friers Be no niggardes you marchaūtes of your gaines to releue the quene To the marchaūts for if you be the vengeaunce of God wil come vppō your hurdes and bākes the tratling Scot shal knocke out your chestes botoms Iacob 5. shal enioy your machaundize meete out your veluets and silkes carry awaye your clothes brenne your fayre houses and rule in your citie of London which the lord forbyd In like maner you Farmers and Franklins you yomen and riche Cobbes abroad with your rusty ryals your old Angels which you hourd vp for the ruste of thē shal be to your condēpnaciō because you couetously kepe Gods creatures frō their true vse wherfore thei were made They are called curraūt not slepaunt Helpe your coūtrey with thē let the quene haue part of thē that you may peaceably enioy the rest wherfore hourd you them vp and for whome Psal 38. Thesaurizas nesciēs cui cōgregas I am sure your meaning is thereby to leaue your sonnes and heires lādes and possessiōs pastures wel stored houses wel furnished and honest soms of money to marrv your doughters But if thou best not liberal towardes the defence of thy coūtry who shal be thine heire The pocky frenche man and the scoruy Scot thyne olde gold shal be caried away into Fraūce thy sonne and thou shalt be made gally slaues And where thou thinkest to marry thy daughter richelye thou shalt see both hir and hir mother defiled before thy face miserably Thy sōnes enheritaūce shal be chaines in the gally wherwith he shal be fettered a whippe vpon his bare skinne if he row not to the death and an horse lofe and water for his dayly dyet Oh thynke vppon this thynke vppon it you hourders and hyders of Gods creatures Lette not that mucke of the molde those rustye Royalles be dearer to you then your countrey your Quene your wyfe and children your owne bodies and lyues VVhat a spyte were it that you shoulde be the Treasurers of your mortall foes that you shoulde keepe for them to carry awaye To the husbandmen and hyde from your