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A68197 The first and second volumes of Chronicles. [vol. 1] comprising 1 The description and historie of England, 2 The description and historie of Ireland, 3 The description and historie of Scotland: first collected and published by Raphaell Holinshed, William Harrison, and others: now newlie augmented and continued (with manifold matters of singular note and worthie memorie) to the yeare 1586. by Iohn Hooker aliàs Vowell Gent and others. With conuenient tables at the end of these volumes.; Chronicles of England, Scotlande, and Irelande. vol. 1 Holinshed, Raphael, d. 1580?; Stanyhurst, Richard, 1547-1618.; Fleming, Abraham, 1552?-1607.; Stow, John, 1525?-1605.; Thynne, Francis, 1545?-1608.; Hooker, John, 1526?-1601.; Harrison, William, 1534-1593.; Boece, Hector, 1465?-1536.; Giraldus, Cambrensis, 1146?-1223? 1587 (1587) STC 13569_pt1; ESTC S122178 1,179,579 468

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but little skill to procéed in the same accordinglie it shall suffice to set downe some generall discourse of such as are vsed in our daies and so much as I haue gathered by report and common heare-saie We haue therefore in England sundrie lawes and first of all the ciuill vsed in the chancerie admeraltie and diuerse other courts in some of which the seuere rigor of iustice is often so mitigated by conscience that diuerse things are thereby made easie and tollerable which otherwise would appeare to be méere iniurie and extremitie We haue also a great part of the Canon law dailie practised among vs especiallie in cases of tithes contracts of matrimonie and such like as are vsuallie to be séene in the consistories of our bishops and higher courts of the two archbishops where the exercise of the same is verie hotlie followed The third sort of lawes that we haue are our owne those alwaies so variable subiect to alteration and change that oft in one age diuerse iudgements doo passe vpon one maner of case whereby the saieng of the poet Tempora mutantur nos mutamur in illis may verie well be applied vnto such as being vrged with these words In such a yeare of the prince this opinion was taken for sound law doo answer nothing else but that the iudgement of our lawiers is now altered so that they saie farre otherwise The regiment that we haue therefore after our owne ordinances dependeth vpon thrée lawes to wit Statute law Common law Customarie law and Prescription according to the triple maner of our trials and iudgments which is by parlement verdict of twelue men at an assise or wager of battell of which the last is little vsed in our daies as no appeale dooth hold in the first and last rehearsed But to returne to my purpose The first is deliuered vnto vs by parlement which court being for the most part holden at Westminster néere London is the highest of all other consisteth of three seuerall sorts of people that is to saie the nobilitie cleargie and commons of this realme And thereto is not summoned but vpon vrgent occasion when the prince dooth see his time and that by seuerall writs dated commonlie full six wéekes before it begin to be holden Such lawes as are agreed vpon in the higher house by the lords spirituall and temporall and in the lower house by the commons and bodie of the realme whereof the conuocation of the cleargie holden in Powles or if occasion so require in Westminster church is a member there speaking by the mouth of the knights of the shire and burgesses remaine in the end to be confirmed by the prince who commonlie resorteth thither of custome vpon the first and last daies of this court there to vnderstand what is doone and giue his roiall consent to such statutes as him liketh of Comming therefore thither into the higher house and hauing taken his throne the speaker of the parlement for one is alwaies appointed to go betwéene the houses as an indifferent mouth for both readeth openlie the matters there determined by the said thrée estates and then craueth the princes consent and finall confirmation to the same The king hauing heard the summe and principall points of each estatute brieflie recited vnto him answereth in French with great deliberation vnto such as he liketh Il nous plaist but to the rest Il ne plaist whereby the latter are made void and frustrate That also which his maiestie liketh of is hereby authorised confirmed euer after holden for law except it be repealed in anie the like assemblie The number of the commons assembled in the lower house beside the cleargie consisteth of ninetie knights For each shire of England hath two gentlemen or knights of greatest wisedome and reputation chosen out of the bodie of the same for that onelie purpose sauing that for Wales one onlie is supposed sufficient in euerie countie whereby the number afore mentioned is made vp There are likewise fourtie and six citizens 289 burgesses and fourtéene barons so that the whole assemblie of the laitie of the lower house consisteth of foure hundred thirtie and nine persons if the iust number be supplied Of the lawes here made likewise some are penall and restraine the common law and some againe are found to inlarge the same The one sort of these also are for the most part taken strictlie according to the letter the other more largelie and beneficiallie after their intendment and meaning The Common law standeth vpon sundrie maximes or principles and yeares or termes which doo conteine such cases as by great studie and solemne argument of the iudges sound practise confirmed by long experience fetched euen from the course of most ancient lawes made farre before the conquest and thereto the déepest reach and foundations of reason are ruled and adiudged for law Certes these cases are otherwise called plees or action wherof there are two sorts the one criminall and the other ciuill The meanes and messengers also to determine those causes are our writs or bréefes whereof there are some originall and some iudiciall The parties plaintiffe defendant when they appeare procéed if the case doo so require by plaint or declaration barre or answer replication reioinder and so by rebut surre but to issue and triall if occasion so fall out the one side affirmatiuelie the other negatiuelie as common experience teacheth Our trials and recoueries are either by verdict and demourre confession or default wherein if anie negligence or trespasse hath béene committed either in processe and forme or in matter and iudgement the partie grieued may haue a writ of errour to vndoo the same but not in the same court where the former iudgement was giuen Customarie law consisteth of certeine laudable customes vsed in some priuat countrie intended first to begin vpon good and reasonable considerations as gauell kind which is all the male children equallie to inherit and continued to this daie in Kent where it is onelie to my knowledge reteined and no where else in England It was at the first deuised by the Romans as appeareth by Caesar in his cōmentaries wherein I find that to breake and daunt the force of the rebellious Germans they made a law that all the male children or females for want of males which holdeth still in England should haue their fathers inheritance equallie diuided amongst them By this meanes also it came to passe that whereas before time for the space of sixtie yeares they had put the Romans to great and manifold troubles within the space of thirtie yeares after this law made their power did wax so feeble and such discord fell out amongst themselues that they were not able to mainteine warres with the Romans nor raise anie iust armie against them For as a riuer runing with one streame is swift and more plentifull of water than when it is drained or drawne into manie branches so the