Page:The Works of Francis Bacon (1884) Volume 1.djvu/503

 HISTORY OF KING HENRY VII. commission ; and there used to shuffle up a sum- The king started a little, ami said, &quot; By my faith, inary proceeding by examination, without trial of my lord, I thank you tor my good cheer, but jury ; assuming to themselves there to deal both in plc.is (if tin; crown, and controversies civil. Then did they also use to enthral and charge the subjects lands with tenures &quot;incapitr,&quot; by finding false offices, and thereby to work upon them for wardships, liveries, premier seisins, and alienations, being the fruits of those tenures, re fusing, upon divers pretexts and delays, to admit men to traverse those false offices, according to the law. Nay, the king s wards, after they had accomplished their full age, could not be suffered to have livery of their lands, without paying ex cessive fines, far exceeding all reasonable rates. They did also vex men with informations of in trusion, upon scarce colourable titles. When men were outlawed in personal actions, they would not permit them to purchase their charters of pardon, except they paid great and intolerable sums ; standing upon the strict point of law, which upon outlawries giveth forfeiture of goods contrary to all law and colour, they maintained the king ought to have the half of men s lands and rents, during the space of full two years, for a pain in case of outlawry. They would also ruffle with jurors, and enforce them to find as they would direct, and, if they did not, convent them, imprison them, and fine them. These and many other courses, fitter to be bu ried than repeated, they had of preying upon the people; both like tame hawks for their master, and like wild hawks for themselves ; insomuch as they grew to great riches and substance : but their principal working was upon penal laws, wherein they spared none, great nor small ; nor considered whether the law were possible or im possible, in use or obsolete : but raked over all old and new statutes, though many of them were made with intention rather of terror than of rigour, having ever a rable of promoters, questmongers, and leading jurors at their command, so as they could have anything found either for fact or valua tion. There remaineth to this day a report, that the king was on a time entertained by the Earl of Ox ford, that was his principal servant both for war and peace, nobly and sumptuously, at his castle at Ilenningham : And at the king s going aw r ay, the earl s servants stood, in a seemly manner, in their livery coats, with cognisances, ranged on both sides, and made the king a lane. The king called the earl to him, and said, &quot; My lord, I have heard much of your hospitality, but I see it is greater than the speech: These handsome gentle men and yeomen, which I see on both sides of me, are sure your menial servants.&quot; The earl smiled, and said, &quot; It may please your grace, that were not for mine ease : they are most of them my retainers, that are come to do me service at such may not endure to have my laws broken in my sight: my attorney must speak with you.&quot; And it is part of the report, that the earl compounded for no less than fifteen thousand marks. And to show further the king s extreme diligence, I do re member to have seen long since a book of accompt of Empson s, that had the king s hand almost to every leaf, by way of signing, and waa in some places postilled in the margin with the king s hand likewise, where was this remembrance. &quot;Item, Received of such a one five marks, for a pardon to be procured ; and if the pardon do not pass, the money to be repaid : except the party be some other ways satisfied.&quot; And over-against this &quot; Memorandum,&quot; of the king s own hand, Otherwise satisfied.&quot; Which I do the rather mention, oecause it shows in the king a nearness, but yet with a kind- of justness. So these little sands and grains of gold and silver, as it seemeth, helped not a little to make up the great heap and bank. But meanwhile, to keep the king awake, the Earl of Suffolk, having been too gay at Prince Arthur s marriage, and sunk himself deep in debt, had yet once more a mind to be a knight-errant, and to seek adventures in foreign parts ; and tak ing his brother with him, fled again into Flanders. That, no doubt, which gave him confidence, was the great murmur of the people against the king s government : and being a man of a light and rash spirit, he thought every vapour would be a tempest. Neither wanted he some party within the king dom : for the murmur of people awakes the dis contents of nobles ; and again, that calleth up commonly some head of sedition. The king re sorting to his wonted and tried arts, caused Sir Robert Curson, captain of the castle at Hammes, being at that time beyond sea, and therefore less likely to be wrought upon by the king, to fly from his charge, and to feign himself a servant of the earl s. This knight, having insinuated himself into the secrets of the earl, and finding by him upon whom chiefly he had either hope or hold, advertised the king thereof in great secrecy : but nevertheless maintained his own credit and in ward trust with the earl. Upon whose advertise ment the king attached William Courtney, Earl of Devonshire, his brother-in-law, married to the Lady Catharine, daughter to King Edward the Fourth ; William de la Pole, brother to the EaK of Suffolk ; Sir James Tirrel, and Sir John Wind- ham, and some other meaner persons, and com mitted them to custody. George Lord Abergaven ny, and Sir Thomas Green, were at thesamotinif apprehended : but as uoon less suspicion, o iu a time as this, and chiefly to see your grace.&quot; I a freer restraint, and were soon after delivered.