[SCENE II]

[The Court of Justice]

Enter Rochfort, Nouall Se. Charmi, Du Croye, Aduocates, Baumont, and Officers, and 3. Presidents.

Du Croye. Your Lordship’s seated. May this meeting proue prosperous to vs, and to the generall good Of Burgundy.

Nou. Se. Speake to the poynt.

Du Croy. Which is, With honour to dispose the place and power Of primier President, which this reuerent man [5] Graue Rochfort, (whom for honours sake I name) Is purpos’d to resigne a place, my Lords, In which he hath with such integrity, Perform’d the first and best parts of a Iudge, That as his life transcends all faire examples [10] Of such as were before him in Dijon, So it remaines to those that shall succeed him, A President they may imitate, but not equall.

Roch. I may not sit to heare this.

Du Croy. Let the loue And thankfulnes we are bound to pay to goodnesse, [15] In this o’recome your modestie.

Roch. My thankes For this great fauour shall preuent your trouble. The honourable trust that was impos’d Vpon my weaknesse since you witnesse for me, It was not ill discharg’d, I will not mention, [20] Nor now, if age had not depriu’d me of The little strength I had to gouerne well, The Prouince that I vndertooke, forsake it.

Nou. That we could lend you of our yeeres.

Du Croy. Or strength.

Nou. Or as you are, perswade you to continue [25] The noble exercise of your knowing iudgement.

Roch. That may not be, nor can your Lordships goodnes, Since your imployments haue confer’d vpon me Sufficient wealth, deny the vse of it, And though old age, when one foot’s in the graue, [30] In many, when all humors else are spent Feeds no affection in them, but desire To adde height to the mountaine of their riches: In me it is not so, I rest content With the honours, and estate I now possesse, [35] And that I may haue liberty to vse, What Heauen still blessing my poore industry, Hath made me Master of: I pray the Court To ease me of my burthen, that I may Employ the small remainder of my life, [40] In liuing well, and learning how to dye so.

Enter Romont, and Charalois.

Rom. See sir, our Aduocate.

Du Croy. The Court intreats, Your Lordship will be pleasd to name the man, Which you would haue your successor, and in me, All promise to confirme it.

Roch. I embrace it, [45] As an assurance of their fauour to me, And name my Lord Nouall.

Du Croy. The Court allows it.

Roch. But there are suters waite heere, and their causes May be of more necessity to be heard, And therefore wish that mine may be defer’d, [50] And theirs haue hearing.

Du Croy. If your Lordship please To take the place, we will proceed.

Charm. The cause We come to offer to your Lordships censure, Is in it selfe so noble, that it needs not Or Rhetorique in me that plead, or fauour [55] From your graue Lordships, to determine of it. Since to the prayse of your impartiall iustice (Which guilty, nay condemn’d men, dare not scandall) It will erect a trophy of your mercy With married to that Iustice.

Nou. Se. Speaks to the cause. [60]

Charm. I will, my Lord: to say, the late dead Marshall The father of this young Lord heer, my Clyent, Hath done his Country great and faithfull seruice, Might taske me of impertinence to repeate, What your graue Lordships cannot but remember, [65] He in his life, become indebted to These thriftie men, I will not wrong their credits, By giuing them the attributes they now merit, And fayling by the fortune of the warres, Of meanes to free himselfe, from his ingagements, [70] He was arrested, and for want of bayle Imprisond at their suite: and not long after With losse of liberty ended his life. And though it be a Maxime in our Lawes, All suites dye with the person, these mens malice [75] In death find matter for their hate to worke on, Denying him the decent Rytes of buriall, Which the sworne enemies of the Christian faith Grant freely to their slaues; may it therefore please Your Lordships, so to fashion your decree, [80] That what their crueltie doth forbid, your pittie May giue allowance to.

Nou. Se. How long haue you Sir Practis’d in Court?

Charmi. Some twenty yeeres, my Lord.

Nou. Se. By your grosse ignorance it should appeare, Not twentie dayes.

Charmi. I hope I haue giuen no cause [85] In this, my Lord—

Nou. Se. How dare you moue the Court, To the dispensing with an Act confirmd By Parlament, to the terror of all banquerouts? Go home, and with more care peruse the Statutes: Or the next motion fauoring of this boldnesse, [90] May force you to leape (against your will) Ouer the place you plead at.

Charmi. I foresaw this.

Rom. Why does your Lordship thinke, the mouing of A cause more honest then this Court had euer The honor to determine, can deserue [95] A checke like this?

Nou. Se. Strange boldnes!

Rom. Tis fit freedome: Or do you conclude, an aduocate cannot hold His credit with the Iudge, vnlesse he study His face more then the cause for which he pleades?

Charmi. Forbeare.

Rom. Or cannot you, that haue the power [100] To qualifie the rigour of the Lawes, When you are pleased, take a little from The strictnesse of your fowre decrees, enacted In fauor of the greedy creditors Against the orethrowne debter?

Nou. Se. Sirra, you that prate [105] Thus sawcily, what are you?

Rom. Why Ile tell you, Thou purple-colour’d man, I am one to whom Thou owest the meanes thou hast of sitting there A corrupt Elder.

Charmi. Forbeare.

Rom. The nose thou wearst,[110] That meete no obiect so base as their Master, Had bin, long since, torne from that guiltie head, And thou thy selfe slaue to some needy Swisse, Had I not worne a sword, and vs’d it better Then in thy prayers thou ere didst thy tongue. [115]

Nou. Se. Shall such an Insolence passe vnpunisht?

Charmi. Heere mee.

Rom. Yet I, that in my seruice done my Country, Disdaine to bee put in the scale with thee, Confesse my selfe vnworthy to bee valued With the least part, nay haire of the dead Marshall, [120] Of whose so many glorious vndertakings, Make choice of any one, and that the meanest Performd against the subtill Fox of France, The politique Lewis, or the more desperate Swisse, And ’twyll outwaygh all the good purpose, [125] Though put in act, that euer Gowneman practizd.

Nou. Se. Away with him to prison.

Rom. If that curses, Vrg’d iustly, and breath’d forth so, euer fell On those that did deserue them; let not mine Be spent in vaine now, that thou from this instant [130] Mayest in thy feare that they will fall vpon thee, Be sensible of the plagues they shall bring with them. And for denying of a little earth, To couer what remaynes of our great soldyer: May all your wiues proue whores, your factors theeues, [135] And while you liue, your riotous heires vndoe you, And thou, the patron of their cruelty. Of all thy Lordships liue not to be owner Of so much dung as will conceale a Dog, Or what is worse, thy selfe in. And thy yeeres, [140] To th’ end thou mayst be wretched, I wish many, And as thou hast denied the dead a graue, May misery in thy life make thee desire one, Which men and all the Elements keepe from thee: I haue begun well, imitate, exceed. [145]

Roch. Good counsayle were it, a prayse worthy deed.

Ex. Officers with Rom.

Du Croye. Remember what we are.

Chara. Thus low my duty Answeres your Lordships counsaile. I will vse In the few words (with which I am to trouble Your Lordships eares) the temper that you wish mee. [150] Not that I feare to speake my thoughts as lowd, And with a liberty beyond Romont: But that I know, for me that am made vp Of all that’s wretched, so to haste my end, Would seeme to most, rather a willingnesse [155] To quit the burthen of a hopelesse life, Then scorne of death, or duty to the dead. I therefore bring the tribute of my prayse To your seueritie, and commend the Iustice, That will not for the many seruices [160] That any man hath done the Common wealth Winke at his least of ills: what though my father Writ man before he was so, and confirmd it, By numbring that day, no part of his life, In which he did not seruice to his Country; [165] Was he to be free therefore from the Lawes, And ceremonious forme in your decrees? Or else because he did as much as man In those three memorable ouerthrowes At Granson, Morat, Nancy, where his Master, [170] The warlike Charloyes (with whose misfortunes I beare his name) lost treasure, men and life, To be excus’d, from payment of those summes Which (his owne patri mony spent) his zeale, To serue his Countrey, forc’d him to take vp? [175]

Nou. Se. The president were ill.

Chara. And yet, my Lord, this much I know youll grant; After those great defeatures, Which in their dreadfull ruines buried quick, (Enter officers. Courage and hope, in all men but himselfe, He forst the proud foe, in his height of conquest, [180] To yield vnto an honourable peace. And in it saued an hundred thousand liues, To end his owne, that was sure proofe against The scalding Summers heate, and Winters frost, Illayres, the Cannon, and the enemies sword, [185] In a most loathsome prison.

Du Croy. Twas his fault To be so prodigall.

Nou. Se. He had frô the state Sufficent entertainment for the Army.

Char. Sufficient? My Lord, you sit at home, And though your fees are boundlesse at the barre: [190] Are thriftie in the charges of the warre, But your wills be obeyd. To these I turne, To these soft-hearted men, that wisely know They are onely good men, that pay what they owe.

2 Cred. And so they are.

1 Cred. ’Tis the City Doctrine, [195] We stand bound to maintaine it.

Char. Be constant in it, And since you are as mercilesse in your natures, As base, and mercenary in your meanes By which you get your wealth, I will not vrge The Court to take away one scruple from [200] The right of their lawes, or one good thought In you to mend your disposition with. I know there is no musique in your eares So pleasing as the groanes of men in prison, And that the teares of widows, and the cries [205] Of famish’d Orphants, are the feasts that take you. That to be in your danger, with more care Should be auoyded, then infectious ayre, The loath’d embraces of diseased women, A flatterers poyson, or the losse of honour. [210] Yet rather then my fathers reuerent dust Shall want a place in that faire monument, In which our noble Ancestors lye intomb’d, Before the Court I offer vp my selfe A prisoner for it: loade me with those yrons [215] That haue worne out his life, in my best strength Ile run to th’ incounter of cold hunger, And choose my dwelling where no Sun dares enter, So he may be releas’d.

1 Cred. What meane you sir?

2 Aduo. Onely your fee againe: ther’s so much sayd [220] Already in this cause, and sayd so well, That should I onely offer to speake in it, I should not bee heard, or laught at for it.

1 Cred. ’Tis the first mony aduocate ere gaue backe, Though hee sayd nothing.

Roch. Be aduis’d, young Lord, [225] And well considerate, you throw away Your liberty, and ioyes of life together: Your bounty is imployd vpon a subiect That is not sensible of it, with which, wise man Neuer abus’d his goodnesse; the great vertues [230] Of your dead father vindicate themselues, From these mens malice, and breake ope the prison, Though it containe his body.

Nou. Se. Let him alone, If he loue Lords, a Gods name let him weare ’em, Prouided these consent.

Char. I hope they are not [235] So ignorant in any way of profit, As to neglect a possibility To get their owne, by seeking it from that Which can returne them nothing, but ill fame, And curses for their barbarous cruelties. [240]

3 Cred. What thinke you of the offer?

2 Cred. Very well.

1 Cred. Accept it by all meanes: let’s shut him vp, He is well-shaped and has a villanous tongue, And should he study that way of reuenge, As I dare almost sweare he loues a wench, [245] We haue no wiues, nor neuer shall get daughters That will hold out against him.

Du Croy. What’s your answer?

2 Cred. Speake you for all.

1 Cred. Why let our executions That lye vpon the father, bee return’d Vpon the sonne, and we release the body. [250]

Nou. Se. The Court must grant you that.

Char. I thanke your Lordships, They haue in it confirm’d on me such glory, As no time can take from me: I am ready, Come lead me where you please: captiuity That comes with honour, is true liberty. [255]

Exit Charmi, Cred. & Officers.

Nou. Se. Strange rashnesse.

Roch. A braue resolution rather, Worthy a better fortune, but howeuer It is not now to be disputed, therefore To my owne cause. Already I haue found Your Lordships bountifull in your fauours to me; [260] And that should teach my modesty to end heere And presse your loues no further.

Du Croy. There is nothing The Court can grant, but with assurance you May aske it and obtaine it.

Roch. You incourage A bold Petitioner, and ’tis not fit [265] Your fauours should be lost. Besides, ’tas beene A custome many yeeres, at the surrendring The place I now giue vp, to grant the President One boone, that parted with it. And to confirme Your grace towards me, against all such as may [270] Detract my actions, and life hereafter, I now preferre it to you.

Du Croy. Speake it freely.

Roch. I then desire the liberty of Romont, And that my Lord Nouall, whose priuate wrong Was equall to the iniurie that was done [275] To the dignity of the Court, will pardon it, And now signe his enlargement.

Nou. Se. Pray you demand The moyety of my estate, or any thing Within my power, but this.

Roch. Am I denyed then— My first and last request?

Du Croy. It must not be. [280]

2 Pre. I haue a voyce to giue in it.

3 Pre. And I. And if perswasion will not worke him to it, We will make knowne our power.

Nou. Se. You are too violent, You shall haue my consent—But would you had Made tryall of my loue in any thing [285] But this, you should haue found then—But it skills not. You haue what you desire.

Roch. I thanke your Lordships.

Du Croy. The court is vp, make way.

Ex. omnes, praeter Roch. & Beaumont.

Roch. I follow you—Baumont.

Baum. My Lord.

Roch. You are a scholler, Baumont, And can search deeper into th’ intents of men, [290] Then those that are lesse knowing—How appear’d The piety and braue behauior of Young Charloyes to you?

Baum. It is my wonder, Since I want language to expresse it fully; And sure the Collonell—

Roch. Fie! he was faulty— [295] What present mony haue I?

Baum. There is no want Of any summe a priuate man has use for.

Roch. ’Tis well: I am strangely taken with this Charaloyes; Me thinkes, from his example, the whole age Should learne to be good, and continue so. [300] Vertue workes strangely with vs: and his goodnesse Rising aboue his fortune, seemes to me Princelike, to will, not aske a courtesie.

Exeunt.

Act. secundus.

Scæna prima:

[A Street before the Prison]

Enter Pontalier, Malotin, Baumont.

Mal. Tis strange.

Baum. Me thinkes so.

Pont. In a man, but young, Yet old in iudgement, theorique, and practicke In all humanity (and to increase the wonder) Religious, yet a Souldier, that he should Yeeld his free liuing youth a captiue, for [5] The freedome of his aged fathers Corpes, And rather choose to want lifes necessaries, Liberty, hope of fortune, then it should In death be kept from Christian ceremony.

Malo. Come, ’Tis a golden president in a Sonne, [10] To let strong nature haue the better hand, (In such a case) of all affected reason. What yeeres sits on this Charolois?

Baum. Twenty eight, For since the clocke did strike him 17 old Vnder his fathers wing, this Sonne hath fought, [15] Seru’d and commanded, and so aptly both, That sometimes he appear’d his fathers father, And neuer lesse then’s sonne; the old man’s vertues So recent in him, as the world may sweare, Nought but a faire tree, could such fayre fruit beare. [20]

Pont. But wherefore lets he such a barbarous law, And men more barbarous to execute it, Preuaile on his soft disposition, That he had rather dye aliue for debt Of the old man in prison, then he should [25] Rob him of Sepulture, considering These monies borrow’d bought the lenders peace, And all their meanes they inioy, nor was diffus’d In any impious or licencious path?

Bau. True: for my part, were it my fathers trunke, [30] The tyrannous Ram-heads, with their hornes should gore it, Or, cast it to their curres (than they) lesse currish, Ere prey on me so, with their Lion-law, Being in my free will (as in his) to shun it.

Pont. Alasse! he knowes him selfe (in pouerty) lost: [35] For in this parciall auaricious age What price beares Honor? Vertue? Long agoe It was but prays’d, and freez’d, but now a dayes ’Tis colder far, and has, nor loue, nor praise, Very prayse now freezeth too: for nature [40] Did make the heathen, far more Christian then, Then knowledge vs (lesse heathenish) Christian.

Malo. This morning is the funerall.

Pont. Certainely! And from this prison ’twas the sonnes request That his deare father might interment haue. (Recorders Musique, [45] See, the young sonne interd a liuely graue.

Baum. They come, obserue their order.

Enter Funerall. Body borne by 4. Captaines and Souldiers, Mourners, Scutchions, and very good order. Charolois, and Romont meet it. Char. speaks. Rom. weeping, solemne Musique, 3 Creditors.

Char. How like a silent streame shaded with night, And gliding softly with our windy sighes; Moues the whole frame of this solemnity! [50] Teares, sighs, and blackes, filling the simily, Whilst I the onely murmur in this groue Of death, thus hollowly break forth! Vouchsafe To stay a while, rest, rest in peace, deare earth, Thou that brought’st rest to their vnthankfull lyues, [55] Whose cruelty deny’d thee rest in death: Heere stands thy poore Executor thy sonne, That makes his life prisoner, to bale thy death; Who gladlier puts on this captiuity, Then Virgins long in loue, their wedding weeds: [60] Of all that euer thou hast done good to, These onely haue good memories, for they Remember best, forget not gratitude. I thanke you for this last and friendly loue. And tho this Country, like a viperous mother, [65] Not onely hath eate vp vngratefully All meanes of thee her sonne, but last thy selfe, Leauing thy heire so bare and indigent, He cannot rayse thee a poore Monument, Such as a flatterer, or a vsurer hath. [70] Thy worth, in euery honest brest buyldes one, Making their friendly hearts thy funerall stone.

Pont. Sir.

Char. Peace, O peace, this sceane is wholy mine. What weepe ye, souldiers? Blanch not, Romont weepes. [75] Ha, let me see, my miracle is eas’d, The iaylors and the creditors do weepe; Euen they that make vs weepe, do weepe themselues. Be these thy bodies balme: these and thy vertue Keepe thy fame euer odoriferous, [80] Whilst the great, proud, rich, vndeseruing man, Aliue stinkes in his vices, and being vanish’d, The golden calfe that was an Idoll dect With marble pillars Iet, and Porphyrie, Shall quickly both in bone and name consume, [85] Though wrapt in lead, spice, Searecloth and perfume

1 Cred. Sir.

Char. What! Away for shame: you prophane rogues Must not be mingled with these holy reliques: This is a Sacrifice, our showre shall crowne [90] His sepulcher with Oliue, Myrrh and Bayes The plants of peace, of sorrow, victorie, Your teares would spring but weedes.

1 Cred. Would they not so? Wee’ll keepe them to stop bottles then:

Rom. No; keepe ’em For your owne sins, you Rogues, till you repent: [95] You’ll dye else and be damn’d.

2 Cred. Damn’d, ha! ha, ha.

Rom. Laugh yee?

3 Cred. Yes faith, Sir, weel’d be very glad To please you eyther way.

1 Cred. Y’are ne’re content, Crying nor laughing.

Rom. Both with a birth shee rogues.

2 Cred. Our wiues, Sir, taught vs. [100]

Rom. Looke, looke, you slaues, your thanklesse cruelty And sauage manners, of vnkind Dijon, Exhaust these flouds, and not his fathers death.

1 Cred. Slid, Sir, what would yee, ye’are so cholericke?

2 Cred. Most soldiers are so yfaith, let him alone: [105] They haue little else to liue on, we haue not had A penny of him, haue we?

3 Cred. ’Slight, wo’d you haue our hearts?

1 Cred. We haue nothing but his body heere in durance For all our mony.

Priest. On.

Char. One moment more, But to bestow a few poore legacyes, [110] All I haue left in my dead fathers rights, And I haue done. Captaine, weare thou these spurs That yet ne’re made his horse runne from a foe. Lieutenant, thou, this Scarfe, and may it tye Thy valor, and thy honestie together: [115] For so it did in him. Ensigne, this Curace Your Generalls necklace once. You gentle Bearers, Deuide this purse of gold, this other, strow Among the poore: tis all I haue. Romont, (Weare thou this medall of himselfe) that like [120] A hearty Oake, grew’st close to this tall Pine, Euen in the wildest wildernese of war, Whereon foes broke their swords, and tyr’d themselues; Wounded and hack’d yee were, but neuer fell’d. For me my portion prouide in Heauen: [125] My roote is earth’d, and I a desolate branch Left scattered in the high way of the world, Trod vnder foot, that might haue bin a Columne, Mainly supporting our demolish’d house, This would I weare as my inheritance. [130] And what hope can arise to me from it, When I and it are both heere prisoners? Onely may this, if euer we be free, Keepe, or redeeme me from all infamie.

Song. Musicke.

1 Cred. No farther, looke to ’em at your owne perill. [135]

2 Cred. No, as they please: their Master’s a good man. I would they were the Burmudas.

Saylor. You must no further. The prison limits you, and the Creditors Exact the strictnesse.

Rom. Out you wooluish mungrells! Whose braynes should be knockt out, like dogs in Iuly, [140] Leste your infection poyson a whole towne.

Char. They grudge our sorrow: your ill wills perforce Turnes now to Charity: they would not haue vs Walke too farre mourning, vsurers reliefe Grieues, if the Debtors haue too much of griefe. [145]

Exeunt.