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ITHERTO
the King had been exercised in settling his affairs at home. But
about this time brake forth an occasion that drew him to look abroad
and to hearken to foreign business. Charles the Eighth, the French
King, by the virtue and good fortune of his two immediate
predecessors, Charles the Seventh has grandfather and Lewis the
Eleventh his father, received the kingdom of France in more
flourishing and spread estate than it had been of many years before;
being redintegrate in those principal members which anciently had
been portions of the crown of France, and were after dissevered, so
as they remained only in homage and not in sovereignty, being
governed by absolute princes of their own; Anjous, Normandy,
Provence, and Burgundy. There only remained Brittaine to be
re-united, and so the monarchy of France to be reduced to the ancient
terms and bounds.
2.
King Charles was not a little inflamed with an ambition to re-purchase
and re-annex
that duchy; which his ambition was a wise
and well-weighed ambition; not like unto the ambitions of his
succeeding enterprises of Italy. For at that time, being newly come
to the crown, he was somewhat guided by his father’s counsels;
(councels, not counsellors, for his father was his own counsel, and
had few able men about him;) and that King (he knew well) had ever
distasted the designs of Italy, and in particular had an eye upon
Brittaine. There were many circumstances that did feed the ambition
of Charles with pregnant and apparent hopes of success. The Duke of
Brittaine old, and entered into a lethargy, and served with mercenary
counsellors, father of only two daughters, the one sickly and not
like to continue. King Charles himself in the flower of his age, and
the subjects of France at that time well trained for war, both for
leaders and soldiers (men of service being not worn out since the
wars of Lewis against Burgundy). He found himself also in peace with
all his neighbour princes. As for those that might oppose to his
enterprise; Maximilian King of Romans, his rival in the same desires
(as well for the duchy as the daughter), feeble in means; and King
Henry of England as well somewhat obnoxious [under
obligation] to him for his favours and benefits, as busied in his
particular troubles at home. There was also a fair and specious
occasion offered him to hide his ambition and to justify his warring
upon Brittaine; for that the Duke had received and succoured Lewis
Duke of Orleans and others of the French nobility, which had taken
arms against their King. Wherefore King Charles, being resolved upon
that war, knew well he could not receive any opposition so potent as
if King Henry should either upon policy of state in preventing the
growing greatness of France, or upon gratitude unto the Duke of
Brittaine for his former favours in the time of his distress, espose
that quarrel and declare himself in aid of the Duke. Therefore he no
sooner heard that King Henry was settled by his victory, but
forthwith he sent ambassadors unto him to pray his assistance, or at
least that he would stand neutral. Which ambassadors found the King
at Leicester, and delivered their ambassage to this effect: They
first imparted unto the King the success that their master had had a
little before against Maximilian in recovery of certain towns from
him; which was done in a kind of privacy and inwardness towards the
King; as if the French King did not esteem him for an outward or
formal confederate, but as one that had part in his affections and
fortunes, and with whom he took pleasure to communicate his business.
After this compliment and some gratulation for the King’s victory,
they fell to their errand: declaring to the King, that their master
was enforced to enter into a just and necessary war with the Duke of
Brittaine, for that he had received and succoured those that were
traitors and declared enemies unto his person and state: That they
were no mean distressed and calamitous persons that fled to him for
refuge, but of so great quality, as it was apparent that they came
not thither to protect their own fortune, but to invest and invade
his; the head of them being the Duke of Orleans, the first Prince of
the blood and the second person of France: That therefore rightly to
understand it, it was rather on their master’s part a defensive war
than an offensive, as that that could not be omitted or forborne if
he tendered the conservation of his own estate; and that it was not
the first blow that made the war invasive (for that no wise Prince
would stay for), but the first provocation, or at least the first
preparation; nay that this war was rather a suppression of rebels
than a war with a just enemy; where the case is, that his subjects
traitors are received by the Duke of Brittaine his homager: That King
Henry knew well what went upon it in example, if neighboiur Princes
should patronise and comfort rebels against the law of nations and of
leagues: Nevertheless that their master was not ignorant that the
King had been beholding to the Duke of Brittaine in his adversity, as
on the other side they knew he would not forget also the readiness of
their King in aiding him when the Duke of Brittaine or his mercenary
counsellors failed him, and would have betrayed him; and that there
was a great difference between the courtesies received from their
master and the Duke of Brittaine, for that the Duke’s might have ends
of utility and bargain, whereas their master’s could not have
proceeded but out of entire affection; for that if it had been
measured by a politic line, it had been better for his affairs that a
tyrant should have reigned in England, troubled and hated, than such
a Prince, whose virtues could not fail to make him great and potent,
whensoever he was comen to be master of his affairs: But howsoever it
stood for the point of obligation which the King might owe to the
Duke of Brittaine, yet their master was well assured it would not
divert King Henry of England from doing that that was just, nor ever
embark him in so ill-grounded a quarrel: Therefore since this war
which their master was now to make was but to deliver himself from
imminent dangers, their King hoped the King would shew the like
affection to the conservation of their master’s estate, as their
master had (when time was) shewed to the King’s acquisition of his
kingdom: At the least that according to the inclination which the
King had ever professed of peace, he would look on and stand neutral;
for that their master could not with reason press him to undertake
part in the war, being so newly settled and recovered from intestine
seditions. But touching the mystery of re-annexing of the duchy of
Brittaine to the crown of France, either by war or by marriage with
the daughter of Brittaine, the ambassadors bare aloof from it as from
a rock, knowing that it made most against them; and therefore by all
means declined any mention thereof, but contrariwise interlaced in
their conference with the King the assured purpose of their master to
match with the daughter of Maximilian; and entertained the King also
with some wandering discourses of their King’s purpose to recover by
arms his right to the kingdom of Naples, by an expedition in person;
all to remove the King from all jealousy of any design in these
hither parts upon Brittaine, otherwise than for quenching of the fire
which he feared might be kindled in his own estate.
3. The King, after advice taken with his counsel, made answer to the
ambassadors. And first returned their compliment, shewing he was
right glad of the French King’s reception of those towns from
Maximilian. Then he familiarly related some particular passages of
his own adventures and victory passed. As to the business of
Brittaine, the King answered in few words; that the French King and
the Duke of Brittaine were the two persons to whom he was most
obliged of all men; and that he should think himself very unhappy if
things should go so between them, as he should not be able to acquit
himself in gratitude towards them both; and that there was no means
for him, as a Christian King and a common friend to them, to satisfy
all obligations both to God and man, but to offer himself as a
mediator of an accord and peace between them; by which course he
doubted not but their King’s estate and honour both, would be
preserved with more safety and less envy than by a war; and that he
would spare no cost or pains, no if it were to go on pilgrimage, for
so good an effect; and concluded that in this great affair, which he
took so much to heart, he would express himself more fully by an
ambassage, which he would speedily dispatch unto the French King for
that purpose. And in this sort the French ambassadors where
dismissed: the King avoiding to understand any thing touching the
re-annexing of Brittaine, as the ambassadors had avoided to mention
it; save that he gave a little touch of it in the word envy.
And so it was, that the King was neither so shallow nor so ill
advertised as not to perceive the intention of the French for the
investing himself of Brittaine. But first, he was utterly unwilling
(howsoever he gave out) to enter into a war with France. A fame of
war he liked well, but not an achievement; for the one he thought
would make him richer, and the other poorer; and he was possessed
with many secret fears touching his own people, which he was
therefore loth to arm, and put weapons into their
hands. Yet
notwithstanding, as a prudent and courageous Prince, he was not so
averse from a war, but that he was resolved to choose it rather than
to have Brittaine carried by France; being so great and opulent a
duchy, and situate so opportunely to annoy England either for coast
or trade. But the King’s hopes were, that partly by negligence,
commonly imputed to the French, (especially in the court of a young
King); and partly by the native power of Brittaine itself, which was
not small; but chiefly in respect of the great party that the Duke of
Orleans had in the kingdom of France, and thereby means to stir up
civil troubles to divert the French King from the enterprise of
Brittaine; and lastly in regard of the power of Maximilian, who was
corrival to the French King in that pursuit; the enterprise would
either bow to a peace or break in itself. In all which the King
measured and valued things amiss, as afterwards appeared. He sent
therefore forthwith to the French King, Christopher Urwick his
chaplain, a person by him much trusted and employed; choosing him the
rather because he was a churchman, as best sorting with an embassy of
pacification; and giving him also a commission, that if the French
King consented to treat, he should thence repair to the Duke of
Brittaine and ripen the treaty on both parts. Urwick made declaration
to the French King much to the purpose of the King’s answer to the
French ambassadors here, instilling also tenderly some overture of
receiving to grace the Duke of Orleans, and some taste of conditions
of accord. But the French King on the other side proceeded not
sincerely, but with a great deal of art and dissimulation in this
treaty, having for his end to gain time, and so put off the English
succours, under hope of peace, till he had got good footing in
Brittaine by force of arms. Wherefore he answered the ambassador, that
he would put himself into the King’s hands, and make him arbiter of
the peace; and willingly consented that the ambassadors should
straightways pass into Brittaine to signify this his consent, and to
know the Duke’s mind likewise; well foreseeing that the Duke of
Orleans, by whom the Duke of Brittaine was wholly led, taking himself
to be upon terms irreconcilable with him, would admit of no treaty
of peace; whereby he should in one both generally abroad veil over
his ambition, and win the reputation of just and moderate
proceedings; and should withal endear himself in the affections of
the King of England, as one that had committed all to his will; nay
and (which was yet more fine) make faith in him that although he went
on with the war, yet it should be but with his sword in his hand to
bend the stiffness of the other party to accept of peace; and so the
King should take no umbrage of his arming and prosecution, but the
treaty to be kept on foot to the very last instant, till he were
master of the field.
[4.] Which
grounds being by the French King wisely laid, all things fell out as he
expected.
For when the English ambassador came
to the court of Brittaine, the Duke was then scarcely perfect in his
memory, and all things were directed by the Duke of Orleans; who gave
audience to the chaplain Urwick, and upon his ambassage delivered
made answer in somewhat high terms: That the Duke of
Brittaine
having been an host and a kind of parent or foster-father to the King
in his tenderness of age and weakness of fortune, did look for at
this time from King Henry (the renowned King of England) rather brave
troops for his succours than a vain treaty of peace. And if the King
could forget the good offices of the Duke done unto him aforetime,
yet ke knew well he would in his wisdom consider of the future, how
much it imported his own safety and reputation both in foreign parts
and with his own people, not to suffer Brittaine (the old
confederates of England) to be swallowed up by France, and so many
good ports and strong towns upon the coast be in the command of so
potent a neighbour King, and so ancient an enemy: And therefore
humbly desired the King to think of this business as his own: and
therewith brake off, and denied any farther conference for
treaty.
5. Urwick returned first to the French King, and related to him what
had passed. Who finding things to sort to his desire, took hold of
them; and said, That the ambassador might perceive ow that which he
for his part partly imagined before: That considering in what hands
the Duke of Brittaine was, there would be no peace but by a mixed
treaty of force and persuasion: And therefore he would go on with the
one, and desired the King not to desist from the other: But for his
own part, he did faithfully promise to be still in the King’s power,
to rule him in the matter of peace. This was accordingly represented
unto the King by Urswick at this return. and in such a fashion as if
the traty were in no sort desperate, but rather stayed for a better
hour, till the hammer had wrought and beat the party of Brittaine
more pliant; whereupon there passed continually packets and
despatches between the two Kings, from the one out of desire, and
from the other out of dissimulation, about the negotiation of peace.
The French King meanwhile invaded Brittaine with great forces, and
distressed the city of Nantes with a strait siege, and (as one who,
though he had no great judgment, yet had that, that he could
dissemble home) the more he did urge the prosecution of the war, the
more he did at the same time urge the solicitation of the peace;
insomuch as during the siege of Nantes, after many letters and
particular messages, the better to maintain his dissimulation and to
refresh the treaty, he sent Bernard Daubigny, a person of good
quality, to the King, earnestly to desire him to make an end of the
business howsoever. [6.] The
King was no less ready to revive and quicken the treaty; and thereupon
sent three
commissioners, the Abbot of
Abingdon, Sir Richard Tunstall, and Chaplain Urwick formerly
employed, to do their utmost endeavour to manage the treaty roundly
and strongly.
7.
About this time the Lord Woodvile (uncle to the Queen) a valiant
gentleman and
desirous of honour, sued to the King that he might
raise some power of voluntaries under-hand, and without license or
passport (wherein the King might any ways appear) go to the aid of
the Duke of Brittaine. The King denied his request, or at least
seemed so to do, and laid straight commandment upon him that he
should not stIr; for that the King thought his honour would suffer
therein, during a treaty to better a party. Nevertheless this lord
(either being unruly, or out of conceit that the King would not
inwardly dislike that which he would not outwardly avow,) sailed
secretly over into the Isle of Wight whereof he was governor, and
levied a fair troop of four hundred men, and with them passed over
into Brittaine, and joined himself with the Duke’s forces. The news
whereof when it came to the French court, put divers young bloods
into such a fury, as the English ambassadors were not without peril
to be outraged. But the French King, both to preserve the privilege
of ambassadors, and being conscious to himself that in the business
of peace he himself was the greater dissembler of the two, forbad all
injuries of fact or word against their persons or followers. And
presently came an agent from the King to purge himself touching the
Lord Woodvile’s going over, using for a principal argument to
demonstrate that it was without his privity, for that the troops were
so small, as neither had the face of a succour by authority nor could
much advance the Briton affairs. To which message although the French
King gave no full credit, yet he made fair weather with the King and
seemed satisfied. Soon after the English ambassadors returned, having
two of them been likewise with the Duke of Britaine and found things
in no other terms than they were before. Upon their return they
informed the King of the state of the affairs, and how far the French
King was from any true meaning of peace, and therefore he was now to
advise of some other course. Neither was the King himself led all
this while with credulity merely, as was generally supposed. But his
error was not so much facility of belief, as an ill-measuring of the
forces of the other party.
[8.] For (as was partly
touched before) the King had cast the
business thus with himself. He took it for granted in his own
judgment that the war of Brittaine, in respect of the strength of the
towns and of the party, could not speedily come to a period. For he
conceived that the counsel of a war that was undertaken by the French
King (then childless) against an heir apparent of France, would be
very faint and slow; and besides that it was not possible but that
the state of France should be embroiled with some troubles and
alterations in favour of the Duke of Orleans. He conceived likewise
that Maximilian King of the Romans was a Prince warlike and potent,
who he made account woud give succours to the Britons roundly. So
then judging it would be a work of time, he laid his plot how he
might best make use of that time for his own affairs. Wherein first
he thought to make his vantage upon his Parliament, knowing that they
being affectionate unto the quarrel of Brittaine would give treasure
largely. Which treasure as a noise of war might draw forth, so a
peace succeeding might coffer up. And because he knew his people were
hot upon the business, he chose rather to seem to be deceived and
lulled a-sleep by the French, than to be backward in himself;
considering his subjects were not so fully capable of the
reasons of state which made him hold back. Wherefore to all these
purposes he saw no other expedient than to set and keep on foot a
continual treaty of peace, laying it down and taking it up again as
the occurrence required. Besides he had in consideration the point of
honour, in bearing the blessed person of a pacificator. He thought
likewise to make use of the envy that the French King met with by
occasion of this war of Brittaine, in strengthening himself with
new alliances; as namely that of Ferdinando of Spain, with
whom
he had ever a consent (even in nature and customs); and likewise with
Maximilian, who was particularly interessed. So that in substance he
promised himself money, honour, friends, and peace in the end. But
those things were too fine to be fortunate and succeed in all parts;
for that great affairs are commonly too rough and stubborn to be
wrought upon by the finer edges or points of wit. The King was
likewise deceived in his two main grounds. For although he had reason
to conceive that the counsel of France would be wary to put the King
into a war against the heir apparent of France; yet he did not
consider that Charles was not guided by the principal of the blood or
nobility, but by mean men, who would make it their master-piece of
credit and favour to give venturous counsels which no great or wise
men durst or would. And for Maximilian, he was thought then a greater
matter than he was; his unstable and necessitous courses being not
then known.
9. After consultation with the ambassadors, who brought him no other
news than he expected before (though he would not seem to know it
till then), he presently summoned his Parliament, and in open
Parliament propounded the cause of Brittaine to both houses by his
chancellor Morton Archbishop of Canterbury, who spoke to this
effect.
10. “My
lords and masters, the King’s Grace, our Sovereign Lord, hath commanded
me to
declare unto you the causes that have moved him at
this time to summon this his Parliament; which I shall do in a few
words; craving pardon of his Grace and you all, if I perform it not
as I would.
11. “His
Grace doth first of all let you know that he retaineth in thankful
memory the
love and loyalty shewed to him by you at your
last meeting, in establishment of his royalty, freeing and
discharging his partakers, and confiscation of this traitors and
rebels; more than which could not come from subjects to their
sovereigns in one action. This he taketh so well at your hands, as he
hath made it a resolution to himself to communicate with so loving
and well approved subjects in all affairs that are of public nature
at home or abroad.
12. “Two
therefore are the causes of your present assembling: the one of a
foreign business;
the other matters of government at home.
13. “The
French King (as no doubt ye have heard) maketh at this present hot war
upon the
Duke of Brittaine. His army is now before
Nantes, and holdeth it straightly beseiged, being the principal city,
if not in ceremony and preeminence, yet in strength and wealth, of
that duchy: ye may guess at his hopes, by his attempting of the
hardest part of the war first. The cause of this war he knoweth best.
He alledgeth the entertaining and succouring of the Duke of Orleans
and some other French lords, whom the King taketh for his enemies.
Others divine of other matters. Both parts have by their ambassadors
divers times prayed the King’s aids; the French King, aids or
neutrality; the Britons, aid simply; for so their case requireth. The
King, as a Christian Prince and blessed son of the holy church, hath
offered himself as a mediator to treat a peace between them. The
French King yieldeth to treat, but will not stay the prosecution of
the war. The Britons, that desire peace most, hearken to it least;
not upon confidence or stiffness, but upon distrust of true meaning;
seeing the war goes on. So as the King, after as much pains and care
to effect a peace as ever he took in any business, not being able to
remove the prosecution on the one side nor the distrust on the other
caused by that prosecution, hath let fall the treaty; not repenting
of it, but despairing of it now, as not likely to succeed. Therefore
by this narrative you now understand the state of the question,
whereupon the King prayeth your advice; which is no other, but
whether he shall enter into an auxiliary and defensive war for the
Britons against France?
14. “And
the better to open your understandings in this affair, the King hath
commanded
me to say somewhat to you from him of the persons
that do intervene in this business; and somewhat of the consequence
thereof, as it hath relation to this kingdom; and somewhat of the
example of it in general; making nevertheless no conclusion or
judgment of any point, until his Grace hath received your faithful
and politic advices.
15. “First
for the King our sovereign himself, who is the principal person you are
to eye
in this business, his Grace doth profess
that he truly and constantly desireth to reign in peace: but his
Grace saith he will neither buy peace with dishonour, nor take it up
at interest of danger to ensue; but shall think it a good change, if
it please God to change the inward troubles and seditions wherewith
he hath been hitherto exercised into an honourable foreign war.
16.“ And
for the other two persons in this action, the French King, and the Duke
of Brittaine,
his Grace doth declare unto you, that they
be the men unto whom he is of all other friends and allies most
bounden; the one having held of him his hand of protection from the
tyrant; the other having reached forth unto him his hand of help for
the recovery of his kingdom; so that this affection toward them in
his natural person is upon equal terms. And whereas you may have
heard that his Grace was enforced to fly out of Brittaine into France
for doubts of being betrayed; his Grace would not in any sort have
that reflect upon the Duke of Brittaine in defacement of his former
benefits; for that he is thoroughly informed that it was but the
practice of some corrupt persons about him, during the time of his
sickness, altogether without his consent or
privity.
[17.] “But howsoever these things do
interest his Grace in his
particular, yet he knoweth well that the higher bond that tieth him
to procure by all means the safety and welfare of his loving
subjects, doth disinteress [dissociate] him of these
obligations of gratitude, otherwise than thus; that if his Grace be
forced to make a war he do it without passion or ambition.
18. “For the consequence
of this action towards this kingdom, it is
much as the French King’s intention is. For if it be no more but to
range his subjects to reason who bear themselves stout upon the
strength of the Duke of Britaine, it is nothing to us. But if it be
in the French King’s purpose, — or if it should not be in his
purpose, yet if it shall follow all one as if it were sought, — that
the French King shall make a province of Brittaine and join it to the
crown of France; then it is worthy the consideration how this may
import England, as well in the increasement of the greatness of
France, as by the addition of such a country that stretcheth his
boughs unto our seas, as in depriving this nation and leaving it
naked of so firm and assured confederates as the Britons have always
been. For then it will come to pass that, whereas not long since this
realm was mighty upon the continent, first in territory and after in
alliance, in respect of Burgundy and Brittaine, which were
confederates indeed, but dependent confederates; now the one being
already cast partly into the greatness of France and partly into that
of Austria, the other is like wholly to be cast into the greatness of
France; and this island shall remain confined in effect within the
salt waters, and girt about with the coast countries of two mighty
monarchs.
[19.] "For
the example, it resteth likewise upon the same question, upon the
French King’s
intent. For if Brittaine be carried
and swallowed up by France, as the world abroad (apt to impute and
construe the actions of Princes to ambition) conceive it will, then
it is an example very dangerous and universal, that the lesser
neighbour estate should be devoured by the greater. For this may be
the case of Scotland towards England; of Portugal towards Spain; of
the smaller estates of Italy towards the greater; and so of Germany;
or as if some of you of the commons might not live and dwell safely
besides some of these great lords. And the bringing in of this
example will be chiefly laid to the King’s charge, as to him that was
most interested and most able to forbid it. But then on the other
side there is so fair a pretext on the French King’s part (and yet
pretext is never wanting to power) in regard the danger imminent to
his own estate is such as may make this enterprise seem rather a work
of necessity than of ambition, as doth in reason correct the danger
of the example, for that the example of that which is done in a man’s
own defence cannot be dangerous, because it is in another’s power to
avoid it. But in all this business, the King remits himself to your
grave and mature advice, whereupon he purposeth to rely.”
20. This was the effect of the Lord Chancellor’s speech touching the
cause of Brittaine; for the King had commanded him to carry it so as
to affect the Parliament towards the business; but without engaging
the King in any express declaration.
21.
The Chancellor went on: “For that which may concern the
government at home, the King hath commanded me to say unto you; that
he thinketh there was never any King (for the small time that he
hath reigned) had greater and juster cause of the two contrary
passions of joy and sorrow, than his Grace hath; joy, in respect of
the rare and visible favours of Almighty God, in girting the
imperial sword upon his side, and assisting the same his sword
against all his enemies, and likewise in blessing him with so many
good and loving servants and subjects, which have never failed to
give him faithful counsel, ready obedience, and courageous defence;
sorrow, for that it hath not pleased God to suffer him to sheath his
sword (as he greatly desired, otherwise than for administration of
justice,) but that he hath been forced to draw it so oft, to cut off
traitorous and disloyal subjects, whom it seems God hath left (a few
amongst many good) as the Canaanites amongst the people of Isreal, to
be thorns in their sides, to tempt and try them; though the end hath
been always (God’s name be blessed therefore) that the destruction
hath fallen upon their own heads. [22.] Wherefore
his Grace saith that he seeth that it is not the blood spilt in the
field that
will save the blood in the city;
nor the marshal’s sword that will set this kingdom in perfect peace:
but that the true way is to stop the seeds of sedition and rebellion
in their beginnings, and for that purpose to devise, confirm, and
quicken good and wholesome laws against riots and unlawful assemblies
of people and all combinations and confederacies of them by liveries,
tokens, and other badges of factious dependence; that the peace of
the land may by these ordinances, as by bars of iron, be soundly
bound in and strengthened, and all force both in court, country, and
private houses be supprest.
“The
care hereof, which so much concerneth yourselves, and which the
nature of the times doth instantly call for, his Grace commends to
your wisdom.
23. “And
because it is the King’s desire that this peace wherein he hopeth to
govern and
maintain you, do not bear only unto you leaves,
for you to sit under the shade of them in safety, but also should
bear you fruit of riches, wealth, and plenty; therefore his Grace
prays you to take into consideration of matter of trade, as also the
manufactures of the kingdom, and to repress the bastard and barren
employment of moneys to usury and unlawful exchanges; that they may
be (as their natural use is) turned upon commerce, and lawful and
royal trading; and likewise that our people be set awork in arts and
handicrafts, that the realm may subsist more of itself, that idleness
be avoided, and the draining out of our treasure for foreign
manufactures stopped. But you are not to rest here only, but to
provide further that whatsoever merchandise shall be brought in from
beyond the seas may be employed upon the commodities of this land;
whereby the kingdom’s stock of treasure may be sure to be kept from
being diminished by any overtrading of the foreigner.
24. “And
lastly because the King is well assured that you would not have him
poor that
wishes you rich; he doubteth not but that you will
have care, as well to maintain his revenews of customs and all other
natures, as also to supply him with your loving aids, if the case
shall so require: the rather for that you know the King is a good
husband, and but a steward in effect for the public, and that what
comes from you is but as moisture drawn from the earth, which gathers
into a cloud and falls back upon the earth again; and you know well
how the kingdoms about you grow more and more in greatness, and the
times are stirring; and therefore not fit to find the King with an
empty purse. More I have not to say to you, and wish that what hath
been said had been better expressed: but that your wisdoms and good
affections will supply. God bless your doings.”
25. It was no hard matter to dispose and affect the Parliament in
this business; as well as in respect of the emulation between the
nations, and the envy at the late growth of the French monarchy; as
in regard of the danger to suffer the French to make their approaches
upon England, by obtaining so goodly a maritime province, full of
sea-towns and havens, that might do mischief to the English, either
by invasion or by interruption of traffic.
The
Parliament was also moved with the point of oppression; for although
the French seemed to speak reason, yet arguments are ever with
multitudes too weak for suspicions. Wherefore they did advise the
King roundly to embrace the Britons’ quarrel, and to send them speedy
aids; and with much alacrity and forwardness granted
to the
King a great rate of subsidy in contemplation of these aids. But the
King, both to keep a decency towards the French King, to whom he
profest himself to be obliged, and indeed desirous rather to show war
than to make it, sent new solemn ambassadors to intimate unto him the
decrees of his estates, and to iterate his motion that the French
would desist from hostility; or if war must follow, to desire him to
take it in good part, if at the motion of his people, who were
sensible of the cause of the Britons as their ancient friends and
confederates, he did send them succours; with protestations
nevertheless that, to save all treaties and laws of friendship, he
had limited his forces, to proceed in aid of the Britons, but in no
wise to war upon the French, otherwise then as they maintained the
possession of Brittaine. But before this formal ambassage arrived,
the party of the Duke had received a great blow, and grew to manifest
declination. For near the town of St. Alban in Brittaine a battle had
been given, where the Britons were overthrown, and the Duke of
Orleans and the Prince of Orange taken prisoners, there being slain
on the Britons’ part six thousand men, and amongst them the Lord
Woodvile, and almost all his solders, valiantly fighting. And of the
French part, one thousand two hundred, with their leader James Galeot
a great commander.
26. When the news of this battle came over into England, it was time
for the King (who now had no subterfuge to continue further treaty,
and saw before his eyes that Brittaine went so speedily for lost,
contrary to his hopes, knowing also that with his people and
foreigners both, he sustained no small envy and disreputation for his
former delays,) to dispatch with all possible speed his succours into
Brittaine; which he did under the conduct of Robert Lord Brooke, to
the number of eight thousand, choice men and well armed; who having a
fair wind, in a few hours landed in Brittaine, and joined themselves
forthwith to those Briton forces that remained after the defeat, and
marched straight on to find the enemy, and encamped fast by them. The
French wisely husbanding the possession of a victory, and well
acquainted with the courage of the English, especially when they are
fresh, kept themselves within their trenches, being strongly lodged,
and resolved not to give battle. But meanwhile to harass and weary
the English, they did upon all advantages set upon them with their
light horse; wherein nevertheless they received commonly loss,
especially by means of the English archers.
27. But upon these achievements Francis Duke of Brittaine deceased;
an accident that the King might easily have forseen, and ought to
have reckoned upon and provided for; but that the point of
reputation, when news first came of the battle lost, (that somewhat
must be done) did overbear the reason of war.
28. After the Duke’s decease, the principal persons of Brittaine,
partly bought, partly thro’ faction, put all things into confusion;
so as the English not finding head or body with whom to join their
forces, and being in jealousy of friends as well as in
danger
of enemies, and the winter begun, returned home five months after
their landing. So the battle of St. Alban, the death of the Duke, and
the retire of the English succours, were (after some time) the causes
of the loss of that duchy; which action some accounted as a blemish
of the King’s judgment, but most as the misfortune of his times.
29. But howsoever the temporary fruit of the Parliament in their aid
and advice given for Brittaine, took not nor prospered not; yet the
lasting fruit of Parliament, which is good and wholesome laws, did
prosper, and doth yet continue till this day. For according to the
Lord Chancellor’s admonition, there were that Parliament divers
excellent laws ordained, concerning the points which the King
recommended.
30. First, the authority of the Star-chamber, which before subsisted
by the ancient common laws of the realm, was confirmed in certain
cases by act of Parliament. This court is one of the sagest and
noblest institutions of this kingdom. For in the distribution of
courts of ordinary justice, (besides the high court of Parliament,)
in which distribution the King’s bench holdeth the pleas of the
crown; the Common-place, pleas civil; the Exchequer, pleas concerning
the King’s revenew; and the Chancery, the Pretorian power for
mitigating the rigour of law, in cases of extremity, by the
conscience of a good man; there was nevertheless always reserved a
high and preeminent power to the King’s counsel in causes that might
in example or consequence concern the state of the commonwealth;
which if they were criminal, the counsel used to sit in the chamber
called the Star-chamber; if civil, in the white-chamber or
White-hall. And as the Chancery had the Pretorian power for equity,
so the Star-chamber had the Censorian power for offences under the
degree of capital. This court of Star-chamber is compounded of good
elements; for it consisteth of four kinds of persons; counsellors,
peers, prelates, and chief judges: it discerneth also principally of
four kinds of causes; forces, frauds, crimes various of stellionate,
and the inchoations or middle acts towards crimes capital or hainous
not actually committed or perpetrated. But that which was principally
aimed at by this act was force, and the two
supports of force, combination of
multitude, and maintenance or headship of great persons.
31. From the general peace of the country the King’s care went on to
the peace of the King’s house, and the security of his great officers
and counsellors. But this law was somewhat of a strange composition
and temper. That if any of the King’s servants under the degree of a
lord, do conspire the death of any of the King’s counsel, or lord of
the realm, it is made capital. This law was thought to be procured by
the Lord Chancellor, who being a stern and haughty man, and finding
he had some mortal enemies in court, provided for his own safety;
drowning the envy of it in a general law, by communicating the
privilege with all other counsellors and peers; and yet not daring to
extend it further than to the King’s servants in check-roll, lest it
should have been too harsh to the gentlemen and other commons of the
kingdom, who might have thought their ancient liberty and the
clemency of the laws of England invaded, if the will in any case of
felony should be made the deed. And yet the reason which the act
yieldeth (that is to say, that he that conspireth the death of
counsellors may be thought indirectly and by a mean to conspire the
death of the King himelf) is indifferent to all subjects as well as
to servants in couirt. But it seemeth this sufficed to serve the Lord
Chancellor’s turn at this time; but yet he lived to need a general
law; for that he grew afterwards as odious to the country as he was
then to the court.
32. From the peace of the King’s house the King’s care extended to
the peace of private houses and families; for there was an excellent
moral law moulded thus: The taking and carrying away of women
forcibly and against their will (except female wards and bondwomen)
was made capital: the Parliament wisely and justly conceiving, that
the obtaining of women by force into possession (howsoever afterwards
assent might follow by allurements) was but a rape drawn forth in
length, because the first force drew on all the rest.
33. There was made also another law for peace in general, and
repressing of murders and manslaughters, and was in amendment of the
common laws of the realm; being this: That whereas by the common law
the King’s suit, in case of homicide, did expect the year and the
day, allowing to the party’s suit by way of appeal; and that it was
found by experience that the party was many times compounded with,
and many times wearied with the suit, so that in the end such suit
was let fall; and by that time the matter was in a manner forgotten,
and thereby prosecution at the King’s suit by indictment (which is
ever best flagrante crimine) neglected; it was ordained that
the suit by indictment might be taken as well at any time within the
year and the day as after; not prejudicing nevertheless the party’s
suit.
34.
The King begain also then, as well in wisdom as in justice, to pare a
little
the privilege of clergy; ordaining that clerks convict
should be burned in the hand, — both because they might taste of
some corporal punishement, and that they might carry a brand of
infamy. But for this good act’s sake, the King himself was after
branded by Perkin’s proclamation for an execrable breaker of the
rites of holy church.
35. Another law was made for the better peace of the country, by
which law the King’s officers and farmers were to forfeit their
places and holds, in case of unlawful retainer or partaking in routs
and unlawful assemblies.
36. These were the laws that were made for repressing of force, which
those times did chiefly require; and were so prudently framed as they
are found fit for all succeeding times, and so continue to this
day.
37. There were also made good and politic laws that Parliament
against usury, which is the bastard use of money; and against
unlawful chievances and exchanges, which is bastard usury; and also
for the security of the King’s customs; and for the employment
of the procedures of foreign commodities, brought in by
merchants
strangers, upon the native commodities of the realm; together with
some other laws of less importance.