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cause_n	according_a	court_n	law_n	1,543	5	4.8094	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16282	The manners, lauues, and customes of all nations collected out of the best vvriters by Ioannes Boemus ... ; with many other things of the same argument, gathered out of the historie of Nicholas Damascen ; the like also out of the history of America, or Brasill, written by Iohn Lerius ; the faith, religion and manners of the Aethiopians, and the deploration of the people of Lappia, compiled by Damianus a ̀Goes ; with a short discourse of the Aethiopians, taken out of Ioseph Scaliger his seuenth booke de emendatione temporum ; written in Latin, and now newly translated into English, by Ed. Aston.; Omnium gentium mores, leges, et ritus. English. 1611	Boemus, Joannes, ca. 1485-1535.; Góis, Damião de, 1502-1574.; Nicolaus, of Damascus.; Léry, Jean de, 1534-1611. Histoire d'un voyage fait en la terre du Brésil.; Scaliger, Joseph Juste, 1540-1609. De emendatione temporum.; Aston, Edward, b. 1573 or 4.	1611 (1611)	STC 3198.5; ESTC S102777	343,933	572

three or foure other Barons which be called Barons of the Exchequer Besides these three Courts of the common law and the court of the Councell for the Marches of Wales whereof I haue spoken before there is a Court for the North part of England which is likewise called the Councell hauing a President Iustices and assistants as in the Councell of Wales and the same forme of proceeding And for the more ease and quiet of the subiect the King by his commission sendeth the Iudges and Barons of the Exchequer twise a yeare into euery seuerall County of the countrie as well to see the lawes executed against malefactors as for the triall and determining of causes depending betwixt partie and party These two Sessions are vsually called the Assises or Goale deliuery and their manner of proceedings is by Iurors who are to giue their verdicts according to euidēce And for because the time of these Iudges commission is ouer short to determine all matters that may arise in halfe a yeare the Iustices of peace in their seuerall Counties haue their Sessions likewise which be kept foure times in the yeare and be therefore called the quarter Sessions in which Sessions are heard and determined all pettie causes for the more ease of the Iudges in their circuits And for the better maintenance of peace in euery part of the Realm there be diuers other petty Courts as county Courts hundred Courts towne Courts Leets Court Barons and such like all which hold plea according to the course of the common law Next vnto these Courts of common law is the Court of Star-chamber which is the court of the kings Councell therin sit as Iudges the L. Chancelor as chiefe the L. Treasurer and the rest of the priuy Councel both spirituall and tēporall to gether with the chiefe Iustices of both benches And in this court be censured all criminall causes as periurie forgerie cousenage ryots maintenance and such like The court of Wards and Liueries is next which is a court of no long continuance being first ordained by Henry the 8. the matters that are determinable in that court are as touching wards and wardships and the Iudges are the Master of the wards and liueries the Atturney of the court of wards and other officers and assistants Then is there the Admirals court which is only for punishment of misdemeanors done at sea the Iudges of which court be the Lord high Admirall of England and a Iudge with other officers The Duchie court which is a court for the determining of matters depending within the Duchy of Lancaster wherein be Iudges the Chancelor of the Duchie and the Atturney And a late erected court called the court of the Queens reuenues for the deciding of controuersies amongst the Queenes tenants Next vnto these are the courts of Equity which are the Chancery and the court of Requests The court of Chancery which is commonly called the court of conscience is chiefly for the mitigation of the rigor of the cōmon lawe wherein the Lord high Chancelor of England is chiefest Iudge and moderator to whom are ioyned as assistants the M. of the Rolles and certaine graue Doctors of the ciuill law which are vsually called Masters of the Chancery The court of Requests is much like to the Chancery and is chiefly for the kings seruants the Iudges wherof are the Masters of Requests which bee alwaies reuerent men and well seen in the ciuill law and one of them is euer attendant on the King to receiue supplications and to answer them according to the Kings pleasure Hauing thus passed ouer the seueral courts of common law the courts of Equity and those which are of a mixt nature betwixt the common ciuill law I wil only name the spirituall courts the chiefest wherof are these The first and most principal is the conuocation of the Clergy which is a Synod of the chiefest of the Clergie of the whole Realme held only in Parlament time in a place called the Conuocation house where cannons are ordained for church-gouernment And this court may be called a generall Councell next vnto which are the particular Synods of both Prouinces Canterbury and York and are called prouinciall Synods Then is there the Archb. of Cāterburies court called the Arches the court of Audience the Prerogatiue court the court of Faculties the court of Peculiars with many other courts in each seuerall Dioces In all which courts what matters are there handled their Iudges and assistants and all their whole manner of proceedings I leaue to the report of such as are better acquainted in those courts And thus much may suffice for the present estate of our country as it is now in the ninth yeare of the raigne of our dread Soueraign Lord K. Iames the first whome God graunt long to rule and raigne ouer vs. OF IRELAND HIBERNIA an Iland bordering vpon Brittaine on the North and West side and much about halfe as big as Brittaine was so called according to some ab hyberno tempore that is to say of the winter season The ground there is so exceeding rancke and the grasse so pleasant and delicious withall that their beasts in Sommer time will kill themselues with feeding and supersluosly grazing if they be not driuen from pasture some part of the day This Island breedeth neither spider nor toade nor any other venimous or infectious creature nor will any liue that are brought thither out of other Countries but dye instantly as soone as they do but touch this Countries soyle Bees there be none the aire is very temperate and the earth fruitfull and yet be the people exceeding barbarous vnciuill and cruell For those which prooue vanquishers in their battels swill and drinke vp the bloud of their slaine enemies and then defile and gore their owne faces with it And whether they do right or wrong it is all one vnto them When a woman is deliuered of a male child the first meate she giueth him shee putteth into his mouth with her husbands sword point signifying by that manner of feeding and also praying after her countrey fashion that the child may dye no other death but in the field amongst his enemies Their greatest gallants adorne the hilts and pummels of their swords with beasts teeth which bee as white as Iuorie and brought thither out of other countreys And their chiefest delight and greatest glorie is to be souldiers Those which inhabite the hilly and mountainous part of the countrie liue vppon milke and apples and are more giuen to hunting and sporting then to husbandrie The Sea betwixt England and Ireland is very raging vnquiet and troublesome all the yeare long and but in summer hardly nauigable Yet do they sayle ouer it in boates or whirries made of Ozier twigs and couered with Oxe hides or buffe skins they abstaine from meate all the while they are vpon the seas And this sea according to the opinion of the best writers is in breadth one hundred and twenty

was kild without any fault of his owne These beasts be kept with great cost and charge within the circuit of their Temples by men of no small account eating fine flower and porredge made of Oate-meale which in their banquets are mingled with milke They giue them Geese also dayly both sodde and broylde and catch birds for those which eate raw flesh To conclude they bee all nourished with maruelous great charge and diligence and their deaths as much bewayled of the people as the deaths of their owne Sonnes yea and their funeralls are farre more sumptuous than their ability can afford in so much as when Ptolomaeus Lagus was gouernour of Aegypt an oxe dying for age in the City of Memphis hee which had the charge of keeping him bestowed a great summe of mony vpon his buriall which was giuen to him to defray that charge besides fifty talents of siluer which he borowed of Ptolomy These things which we haue spoken of perhaps will seeme strange to some but no lesse strange will it seeme to any that shall consider the ceremonies of the Aegiptians in the buriall of thé dead for when one dyeth there all his neere friends and kinsfolkes defile and spoyle their heads with earth and goe round about the Citty wayling vntill the dead body be buryed in which Interim they nether wash themselues nor drinke wine nor eate any meate but that which is very vile and grosse nor yet weare any good apparrell They haue three formes or kinds of buriall for some be buried sumptuously some indifferently and some basely In the first manner of buryall is spent and layd out one talent of siluer in the second twentie minae and some small cost is bestowed in the last Those which haue charge of the funeralls which course of life decendeth from their auncestors as by Inheritance bring the funerall expences in writing to the houshoulders demanding at what rate they will haue the funeralls performed and the bargaine being made and concluded betwixt them the body is deliuered vnto them to be buried at the charge agreed vpon And then the Gramarian for so he is called the body being laid in the ground marketh and assigneth out a place about the flanck how farre from the left part the incisition must bee made after that hee which is called the breaker vp or vnboweler openeth his side with a sharp Aethiopian stone so wide as by the law is permitted which done he instantly runneth away as fast as he can all the standers by following after cursing him and throwing stones at him for they esteemed those men worthy of hate which had mangled or misused the body of their friend but those which haue charge and ouersight of the body which they cal Salitores they account worthy of honour and estimation this done they carry the dead corpes into the Temple before the Priests who standing by the dead body on of them plucketh out of the hole or wound in his side all the entralls except the kidneyes and heart al which an other washeth away with red wine compounded with odoriferous spices and perfumes after that they annoynt the whole body first with iuyce of Cedar tree and other pretious oyntments for thirty daies space and more and then they rub it ouer with mirhe and cinamon and other like stuffe wherby it is not only preserued the longer but yeeldeth a sweet sauour also the body being thus dressed they deliuer it to the dead mans kinsfolke euery part of him yea the heaires of his browes and eie lidds being so preserued as the forme of his body remaineth whole as though he were not dead but a sleepe before the body be interred the funerall day is declared to the Iudges and the dead mans friends saying that vpon that day the dead body is to passe ouer the fens the Iudges being aboue forty in number assemble them selues together and sit vpon a round scaffold beyond the poole then is there a shippe prouided for that purpose and brought thither by those to whome the charge is committed and before the body bee laid in the coffin euery one hath liberty that will to accuse the party deceased and if hee bee proued to bee an euillliuer the iudges proceed to sentence wherby they adiudge that his body shall bee depriued of Sepulture and if any one accuse him vniustly hee shall bee seuerely punished but if no one accuse him or that it is euident that hee was accused falsely and of malice his kindred leauing off their mourning fall to praysing him yet speaking nothing of his stock and parentage as the Greekes are accustomed to doe for the Aegiptians account them-selues all noble alike but beginning at his child-hood they recite his bringing vp and education the beginning of his life and learning and from that ascending to his mans estate they remember his religion and deuotion towards the gods his Iustice his Continency and all his other vertues and then inuocating the infernall gods they beseech them to place him amongst the Saints to which request all the multitude make answer extolling the dead-mans worth and renowne as if he should liue for euer below amongst the blessed which done each one buryeth his friends in his owne proper sepulcher and those which want sepulchers bury them in the strongest walls of their house setting the chest wherein the body lyeth on the one end But those which are forbidden buryall eyther for vsury or some other offence are buryed at home without a coffin whom his posterity growing of better ability and satisfying for his misdeeds doe afterwards bury very solemnly The Aegyptians custome is to giue the bodyes of their dead parents as pawnes to theyr creditors and those children that redeeme them not shall bee disgraced and want sepulture them-selues one may iustly maruell to see how the authors of all these ordinances did not onely prouide for things profitable for mans life but also regarded those things which appertained to the honour and buryall of dead bodies in so much that by this meanes mens liues were disposed as much as might be to good manners The Greekes which by their fained fables and Poeticall fictions farre exceeding truth deliuered many things of the rewards of the godly and punishment of the wicked could not with all their writings draw men to vertue but were rather derided and contemned themselues But with the Aegiptians due punishment being rendred to the wicked and commendation to the iust not in shew but in substance they did euery day admonish both the good and the bad what things were profitable for them for they saw before their eyes that to euery one according to his deeds was giuen a remembrance of his merits or demerits which was a cause that all men immitated the best course of life and stroue to doe well for those are not to bee esteemed the best lawes whereby men become rich but whereby they prooue honest and wise And thus much of the Aegiptians and

to the first Court of Parliament which is there by them so ratified and confirmed as no one can appeale from it and he which is found guiltie before them must pay vnto the Courts three-score pounds of Tours weight and some are adiudged to pay more according to the quality of the offence but if the party so condemned thinke that his cause was not well vnderstood and discussed and that he had some iniurie done him thereby receiuing some losse or hinderance hee may bring the matter thus crazed by misinformation againe into question before the Iudges but it shall not be heard vnlesse he pawne and put into their hands an hundred and twenty pounds to stand to their censure The fourth Court in the Court of Requests and is kept by the Masters of the Kings pallace or Masters of requests and supplications and none shall haue their causes heard there but only the kings seruāts or such as haue some priuiledges from the King and they shall not be molested in other Courts of this Court there be onely sixe Iudges it is lawfull to appeale from them to the Parlament If in handling controuersies any great difficulty arise it must be decided by the assembly of all the Iudges and Councellors of euery Court together which happeneth oftentimes in matters proposed by the King touching the gouernment of the Commonwealth for no law can be throughly established without the consent of this Senate or Parlament-house In this Parlament the Peeres of France and other masters of Requests that be the kings fauorites may sit as assistants vnto the Iudges and their places be next vnto the Presidents of the first Court or Chamber but all matters touching the king or any of the Peeres be defined and determined by the Peeres themselues and the Iudges of the first Court. There be twelue chiefe Peers elected out of all the Nobility of France whereof sixe be spirituall men six temporall the spirituall Peeres be the Bishop of Rhemes the Bishop of Lavdunum and the Bishop of Langres which be called Episcopi Duces or chiefe Bishops the Bishop of Beuvois the Bishop of Noyon and the Bishop of Challons which be Episcopi Comites or secundarie Bishops The sixe secular Peeres be the Duke of Burgundie the D. of Normandie and the Duke of Aquitania which bee chiefe Princes or Arch-dukes the Duke of Flanders the Duke of Tholousa and the Duke of Campania which be secundary Princes These twelue according to the opinion of Robertus were first instituted by Charles the great who taking them with him into the warres called them his Peeres as hauing equall power in assisting of the King and they were euer present at his coronation and yeelded obedience to no other Court but onely to the King and his Court of Parliament And these be the ancient and later maners of the Gauls and French-men and their customes most worthie of memorie Of Spaine and of the manners of the Spaniards CAP. 23. SPAINE the greatest country in Europe is situated betwixt France and Affricke and bounded with the Ocean sea and the Pirenaean hils It is comparable to any other country both for fertilitie of soyle and aboundance of fruites and vines and so sufficiently stored with all kind of commodities that be either necessarie or behoofull as it affordeth great part of her superfluitie to the city of Rome and all Italy ouer If you require gold siluer or pretious stones there they are in aboundance if mynes of Iron and sundry other mettals you shall find no defect if wines it giueth place to none and as for oyles it excelleth all other nations of Europe besides that they haue such store of salt as they neuer boyle it but dig it out of the earth in full perfection Yea there is no part of their ground be it neuer so barren but it yeeldeth increase of one thing or other the heate of the Sunne is not there so violent as in Affricke nor be they tossed with such continuall stormes and tempestuous winds as France is but there is an equall temperature of the heauens and wholesomnes of the ayre ouer all the Region it beeing greatly wasted with marine winds without such foggie mists and infectious exhalations as proceed from fennes and moorish grounds There is great plenty of hempe flaxe and broome the pill or skin wherof serueth to tye vp their vines and it affordeth more vermilion then any other countrie besides The currents of their riuers be not so swift and violent as they thereby become hurtfull but gentle and mild to water and manure their fields and medowes and the armes of the Ocean sea which adioyne vnto them affoord great store of fish and yet for no one thing was Spaine more commended in times past then for the swiftnesse of their horses whereof grew this fiction That the Spanish horses were conceiued of the winds Spaine taketh her beginning at the Pyrenaean hilles and winding by Hercules pillars extendeth to the Northerne Ocean so as all places contained within that compasse may iustly be said to be of Spaine The breadth of Spaine as Appianus writeth is ten thousand stadia the length much answerable to the breadth it ioyneth vnto France only at the Pyrenaean hils and on al other sides it is inclosed with the sea it is distinguished and knowne by three names Tarragon Bethica and Lusitania Tarragon the chiefe citties whereof were called Pallantia and Numantia now called Soria at the one end ioyneth vnto France and vnto Bethica and Lusitania at the other The Mediterranean sea runneth by the South-side thereof and vpon the North it lyeth opposite to the Ocean the other two prouinces be diuided by the riuer Anas so as Bethica the chiefe citties whereof were Hispalis and Corduba looketh West-ward into the Atlanticke sea and into the Mediterranean vpon the South Lusitania lyeth opposite onely to the Ocean the side of it vnto the Northerne Ocean and vnto the Western at the end the city Emerita being once the chiefe Cittie of that Prouince Spaine was first called Iberia of the riuer Iberus and after that Hesperia of Hesperus the brother of Atlas and lastly it was named Hispania of Hispalis now called Sibilia Their bodies bee very apt to indure both hunger and labour and their minds euer prepared for death they bee very sparing and strict both in their diet and euery thing else and they be much more desirous of warres then of peace So much as if warres be wanting abroade they wil grow to ciuill dissention and home-bred garboiles among themselues They will suffer torments euen vnto death rather than reueile a thing committed to their secrecie hauing more care of their credits and trust reposed in them then of their liues They be maruellous nimble and swift of pace and of an vnquiet and turbulent disposition their horses be both speedie and warlike and their armes more deare vnto them then their bloud They furnish not their tables with daintie

eldest sons of the Kings of England for the time being and now lastly and but lately by our dread soueraigne Lord King Iames vnto Henry Fredericke his eldest son the hopefull issue of a happie father borne certes as euidently appeareth in his minority to bee a perfect mirror of chiualry for the aduancement of our country and common wealth and the subuersion of his enemies The Inhabitants of Wales though they bee much improued yet do they not equall the English in ciuility nor their soile in fertility Their whole Country consisteth of twelue shires that is to say Anglesea Brecknocke Cardigan Carmarden Carnaruon Denbigh Flint Glamorgan Merionneth Mongomerry Pembroke and Radnor-shire and foure bishops Seas to wit the Bishopricke of Saint Dauids the Bishoppricke of Landaffe the Bishopprick of Bangor and the Bishoppricke of Saint Asaphe They haue a language peculiar to themselues yet do they liue vnder the self same lawes the Englishmen do but for because that part of the Island is far remote from London the Kings seat and chiefe tribunal of Iudgement where the lawes are executed and pleas heard for all the Realme and by reason of their different language the King by his commission maketh one of his nobles his deputy or lieutenant vnder him to rule in those parts and to see the peace maintained and Iustice ministred indifferently vnto all This gouernor is called the Lord president of Wales who for the ease and good of the country associate with one Iudge and diuers Iustices holdeth there his Tearmes and Sessions for the hearing and determining of causes within VVales and the Marches This Court is called the Court of the councell of the Marches of VVales the proceedings whereof are in a mixt manner betwixt our common law and ciuill law England accounting Cornwall for one though much differing in language is deuided into 41. parts which are called counties or shires the seuerall names whereof are these following viz. Berck-shire Bedford-shire Buckingham-shire Bishoppricke of Durham Cambridge-shire Cornwall Cumberland Cheshire Devon-shire Dorcet-shire Darby-shire Essex Glocester-shire Huntingdon-shire Hertford-shire Hereford-shire Hampt-shire Kent Lincolne-shire Lecester-shire Lancaster-shire Middle-sex Monmoth-shire Northumberland-shire North-folke Northampton-shire Nottingham-shire Oxford-shire Rutland-shire Richmond-shire Sussex Surrey Suffolke Somerset-shire Stafford-shire Shrop-shire Wilt-shire Westmore-land Worcester-shire Warwicke-shire Yorke-shire Euery shire is diuided either into Hundreds Lathes Rapes or Wapentakes and euery of those into sundry parishes and Constable-weekes and ouer euery shire is one principall gouernor called the Lieutenant of the shire and a Sheriffe to collect money due vnto the King and to account for the same in the Exchequer as also to execute his writs and processes and for the more particular peace of each seuerall part of the country there be ordained in euery Countie certaine of the worthiest and wisest sort of Gentlemen who are called Iustices or conseruators of the peace vnder whom high Constables Coroners petty cōstables headboroughs and tything-men haue euery one their seuerall offices England moreouer is diuided into two ecclesiasticall prouinces which are gouerned by two spirituall persons called Archb. to wit the Archb. of Canterbury who is primate and Metrapolitan of all England and the Archb. of Yorke and vnder these two Archb. are 26. Bishops that is to say 22. vnder the Archb. of Canterbury and 4. vnder the Archbishop of Yorke In the Prouince of Canterbury are these Diocesses bounded as followeth 1 2 The Diocesses of Canterbury and Rochester which haue vnder them all the County of Kent 3 The Diocesse of London which hath Essex Middlesex and a part of Hartford shire 4 The Diocesse of Chitchester which hath Sussex 5 The Diocesse of Winchester which hath Hamptshire Surrey and the Iles of Wight Gernsie and Iersey 6 The Diocesse of Salisbury which hath Wiltshire and Barkshire 7 The Diocesse of Excester which hath Deuonshire and Cornwall 8 The Diocesse of Bath and Wels which hath Somerset shire onely 9 The Diocesse of Glocester which hath Glocestershire 10 The Diocesse of Worcester which hath Worcester shire and a part of Warwicke shire 11 The Diocesse of Hereford which hath Herefordshire and a part of Shropshire 12 The Diocesse of Couentrie and Liechfield which hath Staffordshire Derbyshire and the rest of Warwickeshire with some part of Shropshire 13 The Diocesse of Lincolne which hath Lincolneshire Leicestershire Huntingtonshire Bedfordshire Buckinghamshire and the rest of Hartfordshire 14 The Diocesse of Ely which hath Cambridgeshire and the I le of Ely 15 The Diocesse of Norwich which hath Northfolke and Suffolke 16 The Diocesse of Oxford which hath Oxfordshire 17 The Diocesse of Peterborow which hath Northamptonshire and Rutlandshire 18 The Diocesse of Bristow which hath Dorcetshire And to these are added the foure Bishopprickes of WALES viz. 19 The Bishop of S. Dauids 20 The Bishop of Landaffe 21 The Bishop of Bangor 22 The Bishop of S. Asaph In the Prouince of Yorke are these foure Diocesses comprehended within these limits following viz. 1 The Diocesse of Yorke which hath Yorkeshire and Nottinghamshire 2 The Diocesse of Westchester which hath Chesshire Richmondshire a part of Flintshire and Denbighshire in Wales 3 The Diocesse of Duresme which hath the Bishoppricke of Duresme and Northumberland 4 The Diocesse of Carlile which hath Cumberland and Westmerland And to these are added the Bishoppricke of Sodor in the I le Mona The whole number of Parish Churches and impropriations in all these seueral Diocesses are reckened about 131209. Hauing thus diuided the whole kingdome of England into shires and Bishops seas it resteth to say something of the Citties and Corporations whereof there be so many and that so goodly and so well gouerned by sundry Orders of Officers as I thinke but few countries in Christendome go beyond it of all which London the Metrapolitan citty of the Iland is most famous both for the great concourse of strangers that continually flocke thither from all parts of the world some for merchandize some for manners as also for the conueniencie of the place being situated vpon the famous riuer of Thames beautified with rare sumptuous buildings both of Prince and Peeres who for the most part keepe their resiance in or neare vnto the same as being the only place of Parlament and holding of pleas for the whole Realme And for the great multitude of Students and practitioners in the lawes which there keepe their Termes of pleading foure times in the yeare which set together is about one quarter during which time the Iudges and all other Courts keepe their Courts and Sessions and at other times is vacation and ceasing from execution of the lawes These Iudges Sergeants and other Students and practitioners of all sorts haue their lodgings and dyets in 14. seuerall houses whereof two are only for Iudges and Sergeants and are therefore called the Sergeants Innes the next foure are the foure famous houses of Innes of Court the onely receptacle of Gentlemen students and Councellors the other eight

Queene Margaret in the yeare of our Lord God 1506. 14 Magdalin Colledge founded by the Lord Audley in the yeare of our Lord 1509. and enlarged by Sir Christopher Wrey Lord chiefe Iustice of England 15 Trinity Colledge founded by k. Henry the 8. for the inlarging whereof he added thereunto Michael house and Kings hall and made therof one Colledge in the yeare of our Lord 1546. so as now the names of Michaell house and kings hall is almost worne out of memorie 16 Gonvel and Caius Colledge first founded by one Gonvell about the yeare of our Lord 1348. and perfected by Iohn Caius Doctor of Phisicke and by him called Gonuell and Caius Colledge in the yeare of our Lord 1557. 17 Emanuell Colledge founded by Sir Walter Mildmay in the yeare of our Lord 1588. 18 Sidney-Sussex Colledge founded by Francis Sidney Countesse of Sussex for the erecting whereof she bequeathed at her death fiue thousand pounds it was begun in the yeare of our Lord 1597. Now hauing thus farre spoken of the Country in particular it resteth to say something with like breuity of the seuerall sorts of people that inhabite the same their proceedings in courses of law as well spirituall as temporall and their seuerall Courts The whole number of English men may therefore be diuided into these foure ranckes or degrees of people that is to say Gentlemen or Noblemen Cittizens Yeomen and artificers or labourers Of Gentlemen or Nobility there be two sorts to wit the king himselfe the Prince Dukes Marquesses Earles Vicounts and Barons And this sort of Gentlemen are called Nobilitas maior and the second sort of Gentlemen or Nobility which are also called nobilitas minor consisteth of Knights Esquires and priuat Gentlemen into which ranke of gentry are added Students of the lawes and schollers in the Vniuersities next vnto the Gentry are cittizens whose fame and authority for the most part extendeth no further than their owne citties and boroughes wherin they liue and beare rule sauing that some few of them haue voices in our high Senate of Parlament The third order or degree are the Yeomanrie which are men that liue in the country vppon competent liuings of their owne haue seruants to do their businesse for them serue vpon Iuries and Inquests and haue generally more employment in the gouernement of the common-wealth then citizens haue And the last and lowest sort of our people are artificers or labourers which though they be rude and base in respect of our gentry yet are they much improoued and bettered by conuersing with Gentlemen cittizens and yeomen so as if those authors were now liuing that haue written so contemptuously of all estates of our people vnder the degree of gentry and saw the ciuilitie now generally practised amongst most of vs they would not for some few of the rascalitie censure and condemne all as base and ignoble All these seuerall sorts and degrees of people in our kingdome may more briefly bee deuided into two Orders or ranckes that is to say the Nobilitie and the Commons vnder the title of Nobilitie are comprehended all the Nobilitas maior together with the Bishops that haue place in the vpper house of Parlament and by the commons are meant the nobilitas minor cittizens yeomen and labourers who by common consent elect from amongst them Knights and Burgesses to possesse the lower house of Parlament who haue their voices there in the name of the whole multitude of commons for the making and establishing of lawes ordonances and statutes The Parlament therfore is the highest most absolute Sessions or iudiciall Senate in the whole kingdome consisting of the King himselfe and the Lords spirituall and temporall in their own persons which is the higher house and the whole body of the commons represented by the Knights and Burgesses lawfully elected and those are called the lower house In this high Court of Parlament are such new lawes made and ordained and such old statutes abrogated and annihilated in part or in all as are agre●● vppon by consent of both houses and confirmed by the King so as whatsoeuer is there decreed and constituted is inuiolably to be obserued as established by the generall assembly of the whole kingdome There be three manner of wayes by one custome of England whereby definitiue iudgements are giuen by act of Parlament by battell and by great assise The manner of giuing Iudgement in the Parlament in matters depending betwixt Prince and subiect or partie and party concerning lands and inheritances is by preferring of billes into the houses of Parlament and by the allowance or disallowance thereof but such billes are seldome receiued for that the Parlament is chiefly summoned and assembled for the setling and establishing of matters for the good of the King and common-wealth not to busie themselues in priuate quarrels The triall by battell likewise though it bee not vtterly abrogated and altogether annihilated yet is it quite growne out of vse at this day So as the most vsuall manner of Iudgement is by the verdict of twelue men lawfully impaneled and sworne to giue a true verdict concerning the matter in question be it for life or land or any thing tending to the hurt or good of any subiect whatsoeuer These twelue men ought to be Legales homines as wee terme them that is men of good quality fame and abilitie and they are to giue their verdict according to their euidence before a lawfull Iudge in their Sessions at termes and times vsually appointed for those purposes And for that there be many suites of diuers natures therefore bee the trials therof in diuers courts and before diuers Iudges whereof the chiefest bench or tribunall seate of Iudgement is the Kings bench so called for that the Kings of England haue sat there thēselues in person and this Court is chiefly for pleas of the Crowne the Iudges whereof bee called Iustices of the Kings bench and they be commonly foure or fiue in number whereof one is head and therfore called the Lord chiefe Iustice of the Kings bench and by that place he is also Lord Chiefe Iustice of England Next vnto the Kings bench is the Court of Common pleas which is for all matters touching lands and contracts betwixt partie and partie and of this Court be likewise foure or fiue Iudges the chiefest whereof is called the Lord chiefe Iustice of the Common-pleas and this court may well be called the Common-pleas as being the chiefest place for the exercise of the Common law And there may none plead at the Common pleas barre but Sergegeants at the law onely wheras in all other Courts councellors that be called to the barre may plead their Clyents causes as well as Sergeants The third Court for practise of the common law is the Exchequer where all causes are heard that belong to the Kings Treasury The Iudges of this Court are the Lord high Treasurer of England the Chancelor of the Exchequer the Lord chiefe Baron and

vessels or glasse vessels and kept them in their houses for the space of a yeare during which time they reuerenced them very religiously offering vnto them the first fruits of their increase Some say that thee that did most excell others in comlinesse of body skill in breeding cattell strength and riches him they elected for their King And that they had an ancient lawe that the Priests of Memphis might when they pleased depriue the King of his life by sending vnto him the messenger that caryed the signe of death and ordaine an other to raigne in his steed They beleeued that there was one immortall God and that hee was maker of the world and gouernor of all things any other God they esteemed mortall who was their vncertaine King as is said And hee that best deserued of their citty him next vnto their King they reuerenced as God And such was the state of Aethiopia at the beginning and for a long continuance these their customes and manners of their nation But at this day as Marcus Antonius Sabellicus out of whose history wee haue taken most matters which wee treate of both in this and the bookes following saith that hee had intelligence from some that were borne in those countries that the King of Aethiopia whome wee call Pretoian or Presbiter Ioan or Ioan and they Gyam which in their language signifieth mighty is so potent a Prince that hee is sayd to haue vnder him as his vassalls three-score and two Kings And that all their great Bishops and states of all those kingdomes are wholy guided by him at whose hands the order of Priesthood is obtained which authority was by the Pope of Rome giuen and annexed to the Maiesty of their Kings and yet hee himselfe is no Priest nor neuer entred into any holy orders There be a great number of Archbishops and euery one of them who euer hath the least hath twenty Bishops vnder his iurisdiction The Princes and other Bishops of great dignity when they goe abroad haue carried before them a crosse and a golden vessell filled with earth that the sight of the one may put them in minde of their mortality and the other of our Sauiours passion Their Priests are suffered to mary for procreations sake but if they bury one wife it is vtterly vnlawfull for them to mary an other Their Temples are very large and farre richer then ours and for the most part builded vp to the topp arch-wise They haue many religious houses and families of holy orders as Antonians Dominicks Calaguritans Augustines and Macarians who be all arrayed by permission of their Archbishops with apparell of one coulour Next vnto Almighty God and his Mother the blessed Virgin Mary Saint Thomas surnamed Didimus is chiefly honoured in that country They hold an opinion that their great King whom they call Gyam was ingendred of King Dauid and that the race of that one family hath continued euer since hee is not black as most of the Aethiopians are but rather white The citty Garama is now the Kings seate which consisteth not of Bulwarkes and houses with strong wals but of tents or tabernacles made of fine flaxe or silke imbrodered with purple and placed in decent and seemely order The King according to his custome liueth for the most part abroade not contayning himselfe within the circuite of the Citty aboue two daies together ether because they account it absurde and effeminate or that they are prohibited by some lawe They haue in redinesse vpon any little occasion tenne hundred thousand men well instructed in feates of armes fiue hundred Elephants besides an infinit number of Horses and Camels There be also throughout the whole kingdome certaine stipendary families the issue whereof haue a gentle incision made in their skinne and bee marked with a hot iron with the signe of the Crosse In warres they vse bowes speares cotes of male and helmets the order of Priesthood is in greatest dignity next vnto whome are the sages or wizards whom they call Balsamati and Tenquati They esteeme much also of innocency and honesty accounting them the first step to wisdome the Nobility are the third in honor and dignity and the stipendary the last the Iudges discerne of causes of life and death but referre the decree to the Praefect of the citty who is called Licomagia who alwaies representes the person of the King written lawes they haue none but iudge according to equity and right If any man bee convicted of adultery hee shall pay for his punishment the fortith part of his goods but the adulteresse shal receiue a domesticall reuenge by her husband for he shall punish her whome it doth most concerne The husbands assigne dowers for their wiues requiring noe portion with them There women are attired with gold wherof that country doth much abound pearles also and silke both men and women weare garments downe to the feete with sleeues and not open in any place all colours are alike vnto them except blacke which is there vsed onely for mourning garments They bewaile the dead for the space of forty dayes The second courses in their greatest banquets consist of raw flesh which beeing finely minced into small peeces and strawed ouer with sweete spices they feed vpon most hungerly wollen cloath they haue none insteed wherof they are clothed either with silke or flax they vse not all one language but diuers and distinguished by diuers names They exercise them-selues eyther in husbandry or about cattle they haue euery yeare two haruests two summers All the people of Lybia from this Aethiopia or India to the vtmost part of the west honour the impiety of Mahomet and liue in the same kinde of religion that those Barbarians practise which are now in Aegipt and bee called Moores as it is thought of their wandring or straying abroad for that country of Libia also was no lesse hatefull than the Sarasins in those accursed times wherein was the greatest alteration in humaine matters the manners of people loue of deuotion and names of all Nations being for the most part changed Of Aegipt and the ancient customes of that country CAP. 5. EGipt a region in Affricke or as some will haue it next adioyning to Affricke was so called of Aegiptus the brother of Danaus King of Argyues before which time it was called Aeria This country as Plinie in his first booke witnesseth ioyneth Eastward to the red sea and to Palaestyne vpon the West it hath Cyrene and the residue of Affricke and extendeth from the South to Aethiopia and from the North to the Aegyptian sea The most famous citties of that country were Thebes Abydos Alexandria Babilon and Memphis now called Damiata and the great citty Cayrus or Alcir which is the Soldans seate In Egypt as Plato reporteth it doth neuer raine but the riuer of Nylus ouer-flowing the whole land once euery yeare after the summer Solstice maketh the whole

and conuenient time This done after he hath washed his body in the company of his greatest states and put on his richest robes he sacrificeth vnto his Gods There custome was that the cheefe Priest when the sacrifices were brought before the Altar and the King standing by praied with a lowde voice in the hearing of the people for the prosperous helth and all good successe of their King that maintaines iustice towards his subiects and more particularly to relate his vertues as to say that he obserued piety and religion towards the Gods and humanity to man then to call him continent iust and magnanimous true bountifull and brideling all his affections and besides that that hee laid more easie punishments vpon offendors then their crimes required and bestowed fauours beyond mens deseruings and holding on this prayer at length he pursueth the wicked with a curse and freeing the King from blame layeth al the fault vpon his ministers which perswade him to doe euill Which done he exhorteth the King to leade a happy life and acceptable to the Gods and also to follow good fashions and not to do those things which euill men perswade him to but such as cheefely appertaine to honour and vertue In the end after the King hath sacrificed a bull to the Gods The Priest recyteth out of their sacred bookes certaine decrees and gests of worthy men wherat the King being mooued ruleth his kingdome holily and iustly according to their examples They haue there times appointed and prefixt not onely when to gather riches and to iudge acording to their auncient lawes but also when to walke when to wash when to lie with their wiues and when euery thing else is to bee done They vsed but simple diet as hauing nothing vpon their tables but Veale and goose they were also limited to a certaine measure of wine that would neither fill their bellies nor intoxicate their braines In a word the whole course of their liues was so modest so temperate as they seemed to be guided rather by a most skilful Phisition for the preseruation of their healths then by a law-giuer It is strange to see after what sort the Aegyptians lead their liues for they liued not as they would themselues but as the law allowed them but it is much more admirable to see how that their Kings were not permitted to condemne others nor yet to inflict punishment vpon any offendor being moued therevnto either through pride malice or any vniust cause whatsoeuer but liuing vnder a law like priuate men thought it no burthen vnto them but rather esteemed themselues blessed in obeying the law for by those which follow their own affections they supposed many things to be cōmitted that might breed vnto themselues both danger damage for though they know they do amisse yet notwithstanding they persist still in error being ouercome either with loue or hate or some other passion of mind whereas those which liue with vnderstanding and aduise offend in few things The Kings vsing such iustice to their subiects did so purchase the good wills of them all as not only the Priests but all the Egiptians were more carefull of their Soueraigne then of their wiues or Children or any other princes else and when one of those good Kings die all men bewayled him with equall sorrow and heauinesse of heart and renting their clothes and shutting vp their Temples frequented not the market nor obserued solemne feastes but defiling their heads with earth for the space of seuenty and two daies and girding themselues about the pappes with fine linnen both men and women walked about together by two hundred and three hundred in a Company renewing their complaints and in a song renumerating the vertues of their King one by one during which time they abstayned from flesh of beasts from all things boyled from wine and all sumptuous fare and also from all manner of oyntments and bathes yea their owne propper beds and all womens companie bewayling for those daies as much as if they had buried their owne children In which meane space all things being prouided for the funerall solemnities vpon the last day they inclosed the corpes in a coffinne and placed it at the entrance of the Sepulcher where vsually was made a breefe narration of all things done by the King in his life time and euery one had then liberty to accuse him that would the Priests stood by commending the Kings good deeds and all the multitude of people that were present at the funerals applauded his praise worthy actions and with bitter exclamations rayled against his misdeeds whereof it hapned that most Kings through the opposition of the people wanted the due honour and magnificence of Burial the feare whereof constrayned them to liue iustly and vprightly in their life times and this for the most part was the manner of liuing of the auncient Kings of Aegypt Aegypt is diuided into many partes euery part whereof is called by the Greeke word Monos and is gouerned by a Praetor or Mayor who hath rule ouer al the people of that Prouince The Aegiptians deuide their tribute or custome money which is payd them by forrainers in three parts the greatest part whereof belongeth to the colledge of Priests which are of great authority with the inhabitants both in regard of their seruice to their gods as also for their doctrine where-with they instruct others and part of this portion they bestow in ministring their sacrifices and the rest to increase their priuate estates for in no case would the Aegiptians haue the worship of their gods omitted nor doe they thinke it fit that they that be ministers of common councell and profit should want things necessary to liue vpon for the Priests in all weighty businesses bee assistant to the King both by their labour and councell as well in regarde of the knowledge they haue in the starres as by their sacrifices foretelling things to come Moreouer they shew out of their sacred volumnes the actes and gests of worthy men by which the Kings may know in their designes how things are likely to succeed and it is not so with the Aegiptian Priests as it is with the Greekes that one man or one woman should haue charge of their sacrifices but there bee many that bee conuersant about the worship and honour of their gods which leaue the same charge of holy misteries to their children they be all of them freed and discharged from tribute possesse the second place of honor and estimation after their King The second portion of the tribute money commeth to the Kings which serueth them for the wars for their maintenance and also to reward valiant and worthy men for their prowesse and good seruice by which meanes it commeth to passe that their owne people are vexed with no kind of tribute The Captaines and Souldiours haue the third part to the end that hauing such wages they might haue more

losse of both their hands for they thought it fit that that part of the body should suffer punishment during life that was cheefe instrument in the offence and that others also being warned by their miseries and calamities might abstaine from the like lewdnesse There were very sharpe punishments inflicted vpon those that had abused any woman for he which defloured a free woman had his members cut off for that vnder one fault hee had comitted three hanous offences which were iniury corruption of bloud and confusion of children he that was taken in wilfull adultery had a thousand stripes with rods and the adulterous woman had her nose cut off by which disgrace her beauty was blemished and shee punished in that part of her face which did most addorne it It is reported that Bocchoris was the maker of those lawes which partaind to ciuill conuersation amongst men which lawes allow that if one lend mony without specialty and the debitor deny that hee borrowed any the creditor must stand to the debiters oath for an oath is held of great moment as being a religious act and certaine it is that those which often sweare doe abrogate their faith and credits and therfore they will sweare but seldome least they loose their reputations and names of honest men moreouer the same lawe-maker concluding all faithfulnesse in vertue iudged that men ought by good meanes to accustome themselues to honesty that they may not bee thought vnworthy of trust for hee thought it wrong to those to whome mony was lent with-out oath not to performe their faith by swearing whether the goods be their owne or noe The vsury which was agreed vpon by writing forbad that the double forfeture of the thing lent should be exacted and all payments were satisfied by the debitors goods but his body might not be deliuered to the creditor for they thought fit that onely their goods should be subiect and lyable to their debts and their bodies addicted to the Citties whose ayde and assistance they had neede of both in warres and peace neither was it thought fit that the souldiors which ventured their liues for their countries safty should bee thrust in prison for interest which law is supposed to bee translated by Solon to the Athenians and by him called Sisachthia prouiding that men should not loose their liues for the Cittizens vsury more-ouer the particular law and toleration for theeues amongst the Aegiptians was that those that did steale should bring their names in writing to the cheefe Preest and instantly disclose the theft or robbery vnto him In like sort they which had their goods taken from them must write vnto the cheefe Priest the time day and houre that hee was robbed by which meanes the theft being easily found out and discouered he which was robbed should loose the fourth part of that which was stolne which fourth part shall bee giuen to the theefe and the rest restored to the owner For the lawgiuers opinion was that seeing it was vnpossible that theft should altogether bee prohibited men should loose rather some portion of their substance then all that was taken from them The manner of their marriages is not all alike with the Aegiptians for it is lawfull for the Preests to marry but once but the rest may marry as oft as they will according to their desire and ability and there are no children accounted bastards noe though they be begotten of such bond-seruants as be bought with mony for they hold that the father is the onely author of their childrens birth and the mother to be but the receptacle and to yeeld norrishment to the infant It is most incredible to see with what small and easie cost the Aegiptians bring vp their children for the norish them with the roots of bulrushes other like roots raked and roasted in hotte embers and with hearbes growing in fennes and moorish grounds some-times boyld sometimes broyld on the coales and some-times rawe They neuer wore shooes but goe for the most part naked by reason of the temperature of the country so as all the cost that a father bestoweth vpon his childe till hee bee of full age exceedeth not twenty Drachmas The Priests instruct children both in that learning which they call holy and in the other which appertained to knowledge and common instruction and they bee very intentiue and exceedingly bent to the study of Geometry and Arithmatick They suffer them not to vse eyther wrestling or musick supposing the dayly vse of wrestling to be vnsure and dangerous and that thereby their bodyes are made more feeble and weake and musicke they condemned as vtterly vnprofitable and hurtfull in making their mindes effeminate They cure their diseases eyther by fasting or vomitting which they vse eyther dayly or euery third day or fourth day for they are of opinion that all diseases had theyr beginning from surfetting and that therefore that is the best physicke to recouer health which taketh away the cause of the disease Souldiers and trauellers are cured for nothing for the Phisitians liue of the reuenews of the common-wealth and therefore are forced by the law to cure the diseased after the strict forme set downe by the best Phisitians and most approoued writers And the Physition that followeth the rule of that sacred booke though hee cannot cure his patient yet is hee blamelesse but if he cure him by any other meanes then is set downe in that booke hee shall dye for it for the maker of that law was of opinion that there could not a better course of curing bee found out then that which was inuented and obserued for long time by ancient Physitions The Aegiptians worship diuerse creatures beyond all measure not onely while they be liuing but when they be dead also as Cattes Rattes Dogges Hawkes the birds called Ibis Wolues and Crocadiles and many more of like kinde neither be they ashamed to professe open honour vnto them but account it as commendable and lawdable for them to doe it as to doe their seruice to the gods in so much as they will goe about into citties and other places carrying with them Images of those beasts vaunting and glorying what creatures they haue adored at the sight whereof all men in manner of supplyants doe reuerence vnto the Images When any of these beasts die they wrappe the carcase in linnen cloth and annoynt it with Salt beating their brests with bitter exclamations and annoynting it againe with the Iuise of Cedar tree and other odoriferus oyntments that it may keepe the longer they bury it in their hallowed places Hee that willingly killeth any of those creatures shall haue iudgment of death for it but if a man kill the Ibis or the Cat either willingly or at vnawares the whole multitude fall vpon him tormenting and killing him without mercy or iudgment The terror whereof inforceth the beholders to lament his death and to auerre that the beast

it is almost incredible to report how much of that liquor those immodest and druken people will deuoure and swallow vppe at one sitting vtging and inforcing one an other to drinke till they bee worse then bruitish swine not thinking they haue enough when they are so drunke as they lie wallowing in their owne vomit but euen then they will sticke close to it night and day vntill they be sober againe and he which drinketh most and out sitteth them all is not onely highly extolled and commended of the rest for that notable exploite but also in signe of victory and triumph hath giuen him a garland or nosegay made of roses and sweete flowers or else some other reward for which they contended This their wicked and beastly custome of drinking is now the more pity disperced ouer all Germany so as all of them in generall doe now drinke stronge wines as liberally as the Saxons doe their ale to their inspeakeable hindrance and hazard of their healthes in such sorte as not content to doe ill themselues if any stranger or other come into the roome where they bee drinking they will rise vp and reach him their cuppes perswading him very earnestly for to sit downe and to beare them company accounting him their enemy if hee looke for much bidding or inuiting or refuse to drinke without shewing iust cause which hatefull disorder is oftentimes the cause of bloud-shed and murther These quaffing Saxons fare very hardly and sluttishlie for their vsuall meate is small guttes or chitterlings dried rawe onyons fat bacon and salte butter and they seeth their meate vpon sunday to serue them all the weeke after They feed not their young children as we do with pap or pottadge made of milke and flowre but with more solide and stronger meates which is first champed or chawed in the nurses mouth and so giuen the children to swallow downe which kinde of diet when they be young maketh them more stronge and lusty and better able to indure extremities The Saxons haue a peculiar language to themselues but in their apparel and other things there is no difference betwixt them and the Germaines Of Westphalia and of the manner of Iudgement ordained for the Westphalians by Charles the Great CAP. 14. WESTPHALIA is comprehended and included within the bounds and limits of Saxony hauing vpon the East the riuer of Rhene Visurgus or Visera vpon the West Frizland and Holland vpon the North and vpon the South the hils of Hassia which Ptolomeus calleth Obnobij out of which hils springeth the riuer Amasis which running by the two renowned cities Padeburne Monasterium diuideth the Prouince as it were into two parts and so passing by Frizland is carried into the sea There is also the riuer Sala which is famous for the notable ouerthrow of Drusus sonne in law to Augustus This country as Strabo writeth was first inhabited by a people called Dructerij and as others write by the Sicambry This people beeing subdued by Charles the French King surnamed Charls the Great was by him induced or rather inforced to imbrace the Christian religion whereto they were hardly drawne and being a mutinous and rebellious people euer when they rebelled they would returne againe to the worshipping of Idols nothing regarding the true faith nor their othes whereby they were obliged to obserue and keepe it which when Charles perceiued to the end that he might bridle and restraine their temerity and rashnesse with feare of corporall punishment he ordained secreat Iudges and gaue them full power and authority to execute Iudgement at their pleasures without tryall or purgation vpon all such as had either violated their oths abrogated their faith or otherwise committed any notable villany In choosing of which Iudges he had a speciall care and regard to elect iust and vpright men that the guiltlesse and innocent might not be punished without cause This law and manner of execution thereof strooke a great terror into the Westphalians and at length inforced them to continue in the faith seeing before their eyes both noble men and meane men hanged and trust vp in trees without any accusation or trial at all and vnderstanding that they were executed either for breach of their faith or some such other heinous offence This kinde of Iustice or martiall law is yet in force and is called Iudicium vetitum or Iudicium occultum a hidden or secret sentence and the Iudges or executioners of that law be called Scabini who be now growne so presumptuous and insolent as they would challeng and vsurpe the like liberty and iurisdiction ouer all Germany They haue secret customes and hidden lawes knowne to few more then themselues whereby they doome men to death and it is very hard to finde out their manner of proceedings for neither feare nor reward can allure any one of them to reueale their secrets The maior part of those Scabini be not discouered what they are but goe vp and down the country like Promooters noting mens faults and accusing them for their offences in places of Iudgement and arraiging them as their custome is which done the malefactors be condemned their names inroled in a catalogue and so deliuered to the Iunior Scabini to whom the execution belongeth by which meanes many euil doers loose their liues that neuer knew of their condemnations But this their manner of Iudgement is now much altered and degenerated from his first perfection for sometimes very base and meane persons be admitted into that office and those whose power and function was onely to find out offenders and punish misdeameanors doe now busie and occupy themselues in al other ordinary businesses The country of Westphalia is cold and very bare of wine and al kind of graine their bread is brown course and their drinke or beere made of barley for the wine which is brought vnto them by the riuer of Rhene is maruelous deere and therefore little vsed vnlesse of the wealthier sort of people The natural inhabitants be both warlike and witty whereof insueth this prouerbe That Westphalia breedeth more flatterrers then fooles it is vnder the iurisdiction of the Bishop of Colen Of Franconia and of the nature and customes of that Country CAP. 15. FRANCONIA or East France is a part of Germany scituated in the very heart middle of the country it was so called of the Sycambrians who expelling thence the Alani in the raigne of the Emperor Valentinian were after called Franci It is inuironed on the south with Sueuia Boioaria with the riuer Rhene on the west vpō the east lieth Bohemia and Hassia and Thuringia two Prouinces of Saxonie vppon the North. This countrie is on all sides so inclosed with huge thick woods and cragged mountains as the passage into it is both dangerous and difficult yet within it is very euen ground garnished and adorned with an innumerable sort of Citties walled townes and fortified Castels and Villages It is inuironed

him at his pleasure but to the end that no one should be ouerthrowne or spoiled by anothers enuie or malice without cause there was this prouision made that the accused might challenge the single combat with one of his accusérs and if he ouercame the other he scaped free and forfeited nothing He that killed his Duke was killed himselfe and all his goods confiscate for euer without redemption and he that stirred vp sedition against him forfeited to the Duke 600. shillings When an armie was conducted into the enemies land the souldiers had no cause to fall out amongst thēselues for prouision for euery one might take what would serue his turn but he which wrangled without cause was forced either to yeeld himselfe to the law of armes in that case prouided or suffer fifty stripes with a truncheon before his Lieutenant And the Lieutenants and Gouernors were to haue a special care euery one with in his limits or county that the souldiers did not spoile prey vppon the enemie before they were commanded by the Duke for if any fault were committed through their negligence they were to make it good If a free-man damnified or wronged another he was constrained to make good as much as the party was hindred and was amerced besides at 40. shil but such offences were death in seruants and their master made restitution for them because they forbad them not the committing of such crimes If a seruant stole or purloyned any thing from the soldiers in the campe and was therof conuicted he lost his hand for that offence and his master notwithstanding restored the value of the goods stolne and a free-man for such a fault was mulcted at forty shillings ouer and aboue the due restitution of the thing stolne If any one were commanded by the king or duke to kill another and he did it the king or duke which commanded him ought for euer after to defend and protect him from danger if the king or duke which was his protector died his next successor did take vpon him the like warrantie and protection of that man If the Duke were so stubborn and rebellious as to contemne and despise the decrees of the king he was depriued of his Duke-dome and was vtterly void of all hope euer to recouer his former estate and dignity If the Duke had a son so froward foolish or arrogant as through the counsell and abetting of lewd and euil persons he went about to depose his father from his gouernment so that his father were yet well able to gouerne to conduct an armie to get vp vpon his horse and to carry armes and was neither deafe nor blind well able to performe the kings command he was dis-inherited and for euer after vncapable of the Dukedome or if his father pleased he was banished to perpetuall euile for offending his father in so high a degree against the law He that by rashnesse indiscretion or drunkennesse bred a scandall in the Dukes Court forfeited forty shillings and was for euer after lyable to make good the value of the inconuenience that arose of that ill example but a seruant for such a fault lost his hand If any thing were found in the Dukes Court and taken vp and concealed one night vnreuealed it was accounted theft and such an offendor forfeited into the Dukes Exchequer fifteene shillings because the Dukes house was accounted a publike house He that detracted or by his ill speeches depraued the Dukes gouernement was punished at fifteen shillings and forced to finish and make perfect all that he was commanded to do that all pleas or suites might be dispatched and ended euery fifteenth day in each seuerall Countie of the countrie for the doing wherof all the free-men assembled together and they which neglected the meeting forfeited fifteene shillings the Iudge to the end hee might do iustice and iudge vprightly had a booke of the law lying open before him which serued as a rule and pattern wherby to iudge of all controuersies And if the inditement were without partialitie and that he iudged vprightly without respect of persons or rewards hee then had and enioyed to himselfe the ninth part of the composition but if the iudgement were partiall or smelled of briberie he forfeited the double value of that which by his false sentence and corruption was payed and was fined moreouer at forty shillings He which killed the Duke payd either vnto his friends or vnto the king for composition 1460. shillings whereof his friends had six hundred And it was euer obserued that the composition for the death of the Duke was three times as much as for the death of any of his friends The Agilolsingi out of which family the Dukes be euer created had the fourth part of the composition and then the Huosi the Trozzi the Sagavi the Hahilingi and the Aennonni had the one halfe of that which remained Hee that killed a free-man payd either vnto the Duke or vnto his parents that was slaine 8. pounds hee that put out a free-mans eye or cut off his hand or foot payed 40. shillings he that lamed him payd 12. shillings and for a maim 20. shillings for a wound 3. shillings for striking out a cheeke tooth or grinding tooth 12. shillings and for euery other tooth 6. shillings They were very strictly forbidden to molest or hurt strangers in so much as he which iniured any of them payd vnto the party grieued the double value of the wrong sustained and besides forseited 8. pounds into the Dukes Exchequer he that slue a stranger forfeted an hundred pounds in gold If a seruant molested or sold a free-man were complained of to the Iudg he escaped not without some great punishment as the losse of hand or eye Libertines which had bin manumitted made free had more easie compositions by the one halfe then those which were free-born All incestuous mariages were there vtterly prohibited so as it was not lawful for any man to marry his first wiues mother his sonnes wife his daughter-in-law his step mother his brothers or sisters daughter his brothers wife or wiues sister and those which offended in any of these points all his goods were confiscate by the Iudge hee that prophaned the Lords day with any manner of worke after the first warning and admonition had fiftie lashes vpon the backe with a whip and if he offended againe the second time he forfeited the third part of all his goods and for the third offence he lost his libertie for it is fitting that he which will not be free vpon that day shold be a slaue for euer after A seruant for labouring vpon the Lords day was beaten but if he held on his course without amendement his right hand was cut off And a stranger for the like fault hauing beene warned aforehand paid 12. shillings He that detained a freeman against his will in seruitude and bondage or forcibly tooke away his inheritance or goods was forced to

my owne part hath hitherto best contented my selfe and I trust hath beene most acceptable to God From the which if either ambition of high estate offered to mee in marriage by the pleasure and appointment of my Prince whereof I haue some records in this presence as you our Treasurer well knew or if the eschewing the danger of mine enemies or the avoyding of the perrill of death whose messinger or rather a continuall watch-man the Princes indignation was no little time daily before mine eyes by whose meanes although I know or iustly may suspect yet I will not now vtter or if the whole cause were in my sister her selfe I will not now burthen her therewith because I will not charge the dead if any of these I say could haue drawne or diswaded mee from this kinde of life I had not now remained in this estate wherein you see mee but so constant haue I alwaies continued in this determination although my youth and wordes may seeme to some hardly to agree together yet is it most certaine and true that at this day I doe stand free from any other meaning that either I haue had in times past or haue at this present with which trade of life I am so throughly acquainted that I trust in God who hath hitherto therein preserued and led mee by the hand will not of his goodnesse suffer mee to goe alone For the other part the manner of your petition I doe well like and take it in verie good part because that it is simple and contayneth no lymitation of place or person if it had beene otherwise I must needs haue misliked it verie much and thought it in you a verie great presumption beeing vnfitting and altogither vnmeete for you to require them that may commaunde or those to appoint whose partes are to desire or such to binde and limit whose duties are to obey or to take vpon you to drawe my loue to your likings or to frame my will to your fantasie For a guerdon constrained and a guift freely giuen can neuer agree together Neuerthelesse if any one of you bee in suspect that whensoeuer it may please God to incline my heart to another kinde of life you may well assure your selues my meaning or resolution is not to doe or determine any thing wherewith the Realme may or shall haue iust cause to bee discontented or complaine of imposed iniurie And therefore put that cleane out of your heads and remooue such doubtfull thoughts for I doe assure you what credit my assurance may haue with you I cannot tell but what credit it shall deserue to haue the sequell shall declare I will neuer in that matter conclude any thing that shal be preiudiciall to the Realme for the benefit weale good and safetie whereof I will neuer shunne to spend my life And whomsoeuer my chance shal be to light vpon I trust he shal be such as shal be as carefull for the Realme and you I will not say as my selfe because I cannot so certainelie determine of any other but at the leastwise by my good will and desire hee shal be such as shal be as carefull for the preseruation of the Realme and you as my selfe And albeit it might please Almightie GOD to continue mee still in this minde to liue out of the estate of marriage yet is it not to bee feared but hee will so worke in my heart and in your wisdomes as good prouision by his helpe may bee made in conuenient whereby the Realme shall not remaine and stand destitute of an heire to succeed mee that may bee a fit Gouernour and peraduenture more beneficiall to the Realme and generality then such off-spring as may come of mee For though I bee neuer so carefull of your well doings and minde euer so to bee yet may issue growe out of kinde and become perhaps vngratious And in the end this shal be for mee verie sufficient that a marble stone shall declare that a maiden Queene hauing raigned and ruled such a long time liued and died a virgine And heere I end and take your comming vnto mee in good part and giue vnto you all eft-somes my hearty thankes more yet for your zeale and good meaning then for your petition And thus farre Stowe THIS good Queene ELIZABETH was the last of the Royall issue of King Henry the eight shee died without any issue her selfe and left the Kingdome vnto Iames King of Scotland and next heire to the crowne of England King Iames the first of that name since the Conquest by the death of Queene Elizabeth vnited the two famous Kingdomes of England and Scotland which had beene long deuided the crowne of England rightfully and linially descending vnto him from Margueret eldest daughter to Henry the seuenth and Elizabeth wife of the sayd Henry eldest daughter to Edward the fourth which Margueret was maried to Iames the fourth King of Scotland who had issue Iames the fifth father vnto Mary the last Queene of Scots who was mother vnto Iames the sixth King of Scotland and of great Britan France and Ireland the first To omit Ireland an Island vnder our Kings dominion the people wherof of late yeeres haue growne to more ciuility by conuersing with other nations and to speake something more in perticular of this Island as now it is wee may deuide the whole Island of Britanny into three partes that is to say England Wales and Scotland Scotland the North of this Island hauing for a long time beene a Kingdome of it selfe seuered and distinct from England is now by this happy vnion as I said before made one againe with England and both of them gouerned by one King and Monarch This Country in respect of England is very barren and mountanous and the Inhabitants especially the vulgar sort farre more rude and barbarous their language in effect is all one with the English the Northerne Scots excepted which speake and liue after the Irish fashion nor is their any difference in their religion but all causes and controuersies bee there determined by the ciuill law as in most other Countries for with our common lawes of England they are little acquainted Wales an other part of this Island and the proper habitation of the Britans expelled thither out of England by the Englishmen was gouerned by Princes of their owne bloud vntil the raigne of Henry the third who slue Lhewellen ap Griffith the last Prince of the British race vnited that Prouince vnto the Kingdome of England and forced the Inhabitants to sweare fealty and alleagiance vnto Edward of Carnaruan his eldest sonne whom hee made Prince of Wales After the decease of Edward the first this title of Prince of Wales lay dormant during all the raigne of Edward the Second and was againe reuiued by Edward the Third who created his sonne Edward surnamed the Blacke Prince Duke of Cornwall Earle of Chester and Prince of Wales and euer since hath this title beene duely conferred vnto the