forced to wonder at the quantity varietie and goodnesse thereof which if they were all vnder the command of one Prince no two of the mightiest Kings of Christendome might therein compare with him It remaines briefely to adde something of the Nauall power of the Germans Almost all Germany being within land onely the Cities vpon the Northerne Ocean and vpon the Baltike sea haue any exercise of Nauigation And I did neuer reade or heare that any of them did euer vndertake any long and dangerous voyage by sea nor can their Marriners be praised for their experience or boldnesse compared with the English and Netherlanders The City of Dantzk which for agreement of tongue and manners I reckon among the Cities of Germany though it be in some sort annexed to Poland howsoeuer it is famous for concourse of Merchants and rich commodities yet not vsing to export them in their owne ships but rather to sell them to strangers or to lade their ships especially those of the Hollanders I could not vnderstand that forty ships belonged to that Citie Among the other Cities Lubeck and Hamburg are farre more powerfull in this kind then all the rest ioyned together The Hauen of Hamburg hath commonly great number of shipping and they said that more then six hundred ships did then belong to the City But they being vast and built onely for burthen are held vnfit for warre The City of Hamburg and the other Cities vpon the Northerne Ocean hauing long inioyed peace as neutrals while all their neighbours haue made warre one with the other and none of the Cities excepting Hamburg sending out ships further then vpon the coast it cannot be that the ships should be strongly armed At Hamburg I did see a ship then building for a man of warre of one thousand two hundred tunnes and among the other ships belonging to that Citie the greatest was called the golden Lion strongly built and bearing eighteene brasse pieces on each side which they named their Admirall But our best Sea men thought them both more fit to defend the Hauen as Forts then to make any fights at Sea In our age thirty seuen ships of Hamburg were laded by the Flemmings with Dantzk Rie for Spaine where they had free trafficke in the heate of the warre betweene England France Netherland and Spaine and of these ships sixe perished in the very going out of the Elue by tempest while English and other ships safely put to sea and the rest despaiting of the Voyage into Spaine were vnladed Not long before my being there they had sent some eight or ten ships into Spaine whereof onely one returned in safetie to Hamburg The City Lubeck hath a greater number of ships then Hamburg but they commonly trading within the Baltick sea seldome troubled with warre or Pyrates and their ships being onely built for burthen are slow of saile and vnfit to fight at sea Besides that for the foresaid reason they carry few or no pieces or other armes To conclude while I was at Lubeck a great ship of that Citie of one thousand foure hundred tuns called the Eagle laded with salt perished in the returne from Spaine Whereupon I then heard our best Sea-men impute great ignorance to the German Marriners of those Cities This shall suffice for their skill in Nauigation whereof I haue formerly spoken in the third Booke of this Volume or Part treating of the trafficke of Merchants in Germany Touching their Lawes and iudiciall courses in generall Of old the Magistrates of Germany were as Captaines of Cities who determined of Ciuill causes at home and had publike meetings yeerely for that purpose most commonly in the moneth of May or at the times of the full and new Moones They came armed to these meetings not all together but euery man at his pleasure and as it pleased the multitude so they sate in iudgement Silence was commanded by the Priests who had power to punish them Then the Prince or King or any eminent person in eloquence or in fauour was heard to speake yet as perswading not commanding and if the speech pleased the people shewed consent by murmuring or otherwise dissent by striking their speares together Here they determined all controuersies and chose new Captaines or Gouernours They had a custome that if any man complained of another hee should make a supper for a hundred men who duely examined the cause and if the plaintife had the right the defendant paid the charge otherwise he scaped free They gaue of free will to their Prince of their Cattell and Corne as much as they thought fit for his honour and necessity Tacitus writes that the old Magistrates of Germany did nothing vnarmed publikely or priuately And the Germans themselues confesse that their old Progenitors seldome tried iniuries by Law but commonly reuenged them with fire and sword and that they shamed not to take preyes by stealth or sorce Quintilianus Varus appointed Gouernour of Germany by the Emperour Augustus did first appoint the iudgement of Scabines which in the Hebrew tongue signifies a Iudge for he had formerly beene Gouernour of Iury These Scabines determined all controuersies and to this day the Germans in most places so call their Iudges The lower and vpper Saxony hath a prouinciall Law yet determines also many causes by the ciuill Law The Statutes of the Diots or Parliaments bind all but the Statutes of priuate Princes onely bind their owne subiects The greatest part of Germany is gouerned by the Ciuill Law And therefore the Doctors of the Ciuill Law are much esteemed among them and are Counsellors of Estate aswell to the Emperour as to other Princes which place they thinke vnfit to be conferred on any Doctors of Diuinity Yea the Princes of Germany haue this peculiar fashion that no sonne vseth his Fathers old counsellors but rather new chosen by himselfe The said Doctors of the Ciuil Law haue priuiledge by their degree to weare chaines of gold about their neckes and feathers in their hats There be in Germany foure kinds of Law giuing or rather foure cheefe Courts of Iustice. The first is that of the Diets or Parliaments vulgarly called 〈◊〉 that is Daies of the Kingdome which meetings by the Law should be made once in the yeere and last no lesse then a moneth at least no man hauing liberty to depart from them without leaue of the Councell Neither may the Emperour or his sonne or the elect King of the Romans make any warre or league without consent of the same The second Court is called Landgericht that is the Iustice of the Land wherein the cheefe men of each Prouince are to be called together thrice in the yeere and are to sit three weekes to determine the cheefe affaires of the Prouince as the Parliaments handle the cheefe affaies of the Empire The third Court is vulgarly called Camergerichl that is the Iustice of the Imperiall Chamber which is held at Spirt foure times each yeere each time lasting forty
dayes to determine the generall causes of the Empire The fourth Court is the Burgraues right by which debts by specialty are recouered The Kingdome of Bohemia hath a prouinciall Law deriued from the Law of Saxony and for that cause there be few Students of the Ciuill Law but because the Emperour hath instituted three Chaunecries one for the Law of Saxony which Prouince lies vpon the North side of the Kingdome the second for the Law of Bohemia the third for the Ciuill Law in respect of the Emperours subiects of Austria lying on the South side o. Bohemia for this cause there be many Doctors of Ciuill Law and they also much esteemed in the Emperours Court. If a Bohemian haue a cause in any Court of the Germans he is tried by the Ciuill Law or by the Law of Saxony and if a German answer in the Court of the Bohemians he is tried by the prouinciall Law of Bohemia and the Defendant drawes the cause to his owne Court Morauia a Prouince incorporated to Bohemia vseth the Language and Law of that Kingdome In the old City of Prage howsoeuer almost all speake Dutch yet the Law is giuen in the Bohemian tongue by a statute lately made Silesia a Prouince incorporated to Bohemia hath the manners and language of Germany and Iustice is there administred by the Law of Bohemia deriued from the Law of Saxony but for the greater part by the Ciuill Law Generally in Germany if a cause be receiued into any Court and the defendant escape to another City the Magistrate of the place must send him backe to answer the Plaintife his accuser The causes of the Empire as I formerly said are handled in the Imperiall Chamber at Spire And therefore it will not be amisse to relate some Statutes made in the Imperial meetings which are collected into a Booke vulgarly called Reichs abscheidt that is the Epitome or abstract of the Kingdome but I will onely set downe breefly some of the cheefe statutes It was decreed in the yeere 1556 that no subiects of the Electors nor any Inhabitants or Earles of their Prouinces should appeale from them to this Court of the Imperiall Chamber The Emperour Fredericke the third in the yeere 1442 made these statutes That no Prince should by armes right himselfe against another before Iustice haue beene denied to him in this Imperiall Court. That the Iudge of the Chamber should be a Prince or Barron and of sixteene Assessors halfe should be Ciuill Lawyers and halfe of the Knightly Order That the greater part should carry the cause and the voices being equall the Iudges voyce should cast it That the Iudge should not be absent without leaue of the Assessors nor they without his leaue and that without some great cause more then foure of them should not be absent at one time That in absence they should haue no voyce That the cheef Iudge being sicke shall substitute a Prince in his place who shall first take his oath The Procters and Aduocates shall take no more of their Clients then the Iudges shal appoint and shall sweare to auoide slander and malice The Notaries shall execute the iudgements in the name of the Emperour Appeales shall be of no force except they be made in order to the next superiour Court and so ascending All that belong to this Chamber shall be free from all payments but not one of them shall either keepe an Inne or trade as a Merchant The Iudge shall deliuer ouer to the Senate of the City those that are guilty of death By the same decree all fees for writing and processes are set downe so as the Clyent swearing pouerty shall goe free so as hee sweare to pay the fees when he shall be able Further it was decreed that the seate of this Chamber or Court should not be changed but by the consent of the Imperial diot or Parliament That the Defendants hiding themselues the Princes or Citizens to whom they are subiect shall sweare vpon a set day that they are not priuy to any of their actions or else shall satisfie all damages That the Procters shall speake nothing but to the purpose and for ieasts or impertinent things in word or writing shal be punished by a mulct in money and by being put to silence in that cause By the Emperour Charles the fifth in the Diot at Augsburg the yeere 1518 two new Assessors were added and it was decreed that Charles as Emperour should appoint the cheefe Iudge two Assessors of the Law and two Gentlemen Assessors and as heire to his patrimony should appoint two learned Assessors That three Gentlemen Assessors should be named by the three secular electors three learned by the three spiritual Electors and three Gentlemen with three learned by the common consent of the six Communities For the Empire was deuided into sixe Communities vulgarly called Kreysen for the collection of tributes aad like duties as other Kingdomes are deuided into Counties and since that time in the yeere 1522 for the same purposes the Empire was deuided into ten Communities Further it was decreed that twenty two persons should with like equality be named yeerely to visit this Chamber or Court. That no appeale should be admitted into this Court vnder the value of fiftie Guldens and that the executions of iudgements should be done by the next Magistrates and they not willing or not daring to doe it should be referred to the Emperour At a Parliament in the yeere 1522 it was decreed That no stranger should be appointed cheefe Iudge That for absence the pensions should be abated after the rate of the time and be distributed among the present That the Iudges should sweare to take no guifts not to prolong causes and to doe right without respect of persons and that the Procters should take no fees but such as are set downe by statutes At the Parliament in the yeere 1555 it was decreed that no Assessors should be of any other Religion then of the Roman or the Confession of the Protestants made at Augsburg That one Assessor should not interrupt the speech of another nor should rise to conferre one with the other and that all speeches of anger should be punished and all be sworne to keep secret the Acts of the Councell That Aduocates should not be more then foure and twenty in number That any man should be admitted to speake for himselfe first swearing to auoide slander That this Chamber or Court should be yeerely visited vpon the first of May by the Archbishop of Mentz as substitute to the Emperour by three other each chosen by one of the Electors by two Princes one temporall the other spirituall and by one Counsellor chosen by each order namely one by the Earles and one by each free City to whom the complaints should be presented vpon the first of March That no man should forbid his subiects to appeale to this Court except they should willingly renounce the appeale but that all froward
in that it was made cōtrary to her Maiesties aduised resolution agreed vpon by her Counsel and approued by her martial men as the only means to reduce Ireland and contrary to the Earles own proiect yea that without the aduice of the Counsel of Ireland also as appeared by a letter of theirs vnder their hands though now the Earle pretended their aduice for his owne xcuse wherupon followed the harro wing out and the weakning of the royallest Army that euer went out of England the wasting of that huge expence and the ouerthrow of the whole action The third point viz. the making of Knights was urged to haue beene contrary to her Maiesties expresse commandement a question being once made whether he should haue that authoritie or no because he had abused it before yet the same being at the last granted with this limitation giuen him in charge that he should make but few and those men of good ability whereas he made to the number of threescore and those some of his meniall seruants yea that in a most vnseasonable time when things were at the worst which should haue been done vpon victorie and triumph onely The fourth point namely his conference with the Rebell was agrauated in that it was an equall and secret conference dishonourable to her Maiestie for him that sustained her royall person to conferre in equall sort with the basest and vilest traytor that euer liued a bush Kerne and base sonne of a Black-smith suspicious also in that it was priuate and secret no man suffered to approch but especially no English man the end of the conference most shamefull that the wretched traytor should prescribe conditions to his Soueraigne abominable and odious conditions a publike tolleration of Idolatrous religion pardon for himselfe and all the traytors in Ireland and full restitution of lands and possessions to all the sort of them It was added that before this parley a messenger went secretly from the Earles Campe to the traytor viz. Captaine Thomas Leigh if not sent by the Earle at least by his conniuency at least by the conniuencie of the Marshall whom the Earle did not punish Lastly the fifth point was vrged to be intollerably presumptuous contrary to her Maiesties expresse commandement in writing vnder the seale of her priuy signet charging him vpō his dutie not to return vntil he heard further from her that this his returne was also exceeding dangerous in that he left the Army diuided vnto two diuers men the Earle of Ormond and the Lord Chauncellor men whom himselfe had excepted against as vnfit for such a trust and that he so left this Army as that if God his prouidence had not been the greater the ruine and losse of the whole Kingdome had ensued thereupon This was the summe of the accusation euery part interlaced with most sharpe and bitter rhetoricall amplifications which I touch not nor am fit to write but the conclusion was whereby a taste of the same may be had that the ingresse was proud and ambitious the progresse disobedient and contemptuous the regresse notorious and dangerous Among other things the Lady Rich her letter to the Queene was pressed with very bitter and hard termes my Lady Rich her letter he termed an insolent saucy malipert action He proposed also in the end a president for the Earles punishment saying he was faine to seeke farre for one gentle enough one William of Britten Earle of Richmond who refusing to come home out of France vpon the Kings letter was adiudged to loose all his goods lands and chattels and to indure perpetuall imprisonment Master Attorney particularly said the following words whereas the Earle in his letter exclameth O tempora O Mores for so I thinke he construed these words of his O hard destiny of mine that I cannot serue the Queene and please her too let me also say with the Orator concerning him Hae Regima intelligit hae Senatus videt hic tamen viuit In the end of his speech Now faith he nothing remaineth but that wee inquire quo animo all this was done Before my Lord went into Ireland he vaunted and boasted that hee would sight with none but the Traytor himselfe he would pull him by the cares out of his den hee would make the Earle tremble vnder him c. But when he came thither then no such matter hee goes another way it appeareth plainely he meant nothing lesse then to fight with Tyrone This was the effect of Master Attorneys part Master Solliciter his speech followed which contained the vnhappy successe which ensued in Ireland after the Earles departure whereby appeared how little good the Earle had done in that the Traitor was growne much more confident more insolent and strongerthen euer he was before as appeared principally by his declaration which he hath giuen out since the Earles departure vaunting that he is the vpholder of the Catholike faith and Religion that whereas it was giuen out by some that hee would follow the Earle of Essex into England hee would perhaps shortly appeare in England little to Englands good many things he added to that purpose After him Sir Francis Bacon concluded the accusation with a very eloquent speech First by way of Preface signifying that he hoped both the Earle himselfe and all that heard him would consider that the particular bond of duty which he then did and euer would acknowledge to owe vnto the Earle was now to be sequestred and laied aside Then did he notably extoll her Maiesties singular grace and mercy whereof he said the Earle was a singular work in that vpon his humble sute shee was content not to prosecute him in her Court of Iustice the Starre-chamber but according to his owne earnest desire to remoue that cup from him those he said were the Earles own words in his Letter and now to suffer his cause to be heard Inter priuatos partetes by way of mercy and fauour onely where no manner of disloyalty was laide to his charge for quoth he if that had beene the question this had not beene the place Afterwards passing along most eloquently through the Earles iourney into Ireland hee came to charge him with two points not spoken of before The first was a Letter written by the Earle vnto my Lord Keeper very boldly and presumptuously in derogation to her Maiesty which letter he also said was published by the Earles own friends The points of the letter which he stood vpon were these No tempest to the passionate indignation of a Prince as if her Maiesty were deuoid of reason carried away with passion the onely thing that ioineth man and beast together Her Maiesties heart is obdurate he would not say that the Earle meant to compare her absolutely to Pharaoh but in this particular onely which must needs be very odious Cannot Princes erre Cannot Subiects suffer wrong as if her Maiesty had lost her vertues of iudgement Iustice c. Farre be it from me quoth he
serued for a ground and pretext of new inuentions of deceipt for that by the cunning craft of some Merchants the scope giuen by Our Proclamation to the said Exchange is so abused as that some Merchant who hath brought commodities into that Kingdome from hence hath not beene content to sell the same for reasonable gaine but hauing raised his price of the same commodity to so much in the new monies as doe in their true value of siluer almost counteruaile the sterling he paid for it here viz. That which cost him ten shillings sterling to thirty shillings Irish after that rate that which cost him 100 pound to 300 pound he hath returned to Our Exchange the same 300 pound which being answered him here in sterling yeeldeth him profit of three for one which is so great a gaine as no aduenture of any Merchants into the further most parts of trafficke doth yeeld and to Vs such a burthen as if the same should be permitted were nothing else in effect but to make Our Exchequer a Mart for the cunning of Merchants to worke vpon Besides many of them haue of purpose to make profit by the said Exchange bought vp old bils of debts from diuers persons to whom payment hath vpon iust consideration beene deferred and compounding for the same for small summes of money of the new Standard returned the whole vpon Vs by exchange whereby they haue made an exceeding profit conrrary to the true meaning of Our Proclamation intended for the vse and benefit of such as exercised an honest and direct course of Merchandize By which fraudes there is euer a great quanrity of monies of the new Standard returned vpon Vs for sterling Monies in this Realme but neither is there any proportionable quantity of sterling Monies brought in here into the Exchange nor deliuered into the Banckes to be conuerted into new Monies there And consequently there doth grow vpon Vs an intollerable burthen in continuall payments of sterling Monies and yet the two mischiefes which were the chiefe cause of alteration of Our Standard not remedied that is the preseruing of the sterling Monies from the Rebels and from transportation into forraigne Countries For little of it being brought in by Merchants of this Countrey and the same being not currant to be vsed here amongst Our good Subiects We find it partly transported and partly falling into the hands of the Rebels wherewith they haue beene the better enabled to continue in their wicked courses Wherefore for redresse of so great abuses daily practised by Merchants We doe hereby publish that Our meaning is that from the day of the publishing hereof the places of exchanging of monies shall be onely at Dublyn for this Our Realme of Ireland and at London for Our Realme of England for all such as vse the trade of Merchandize but for others that are in Our pay and haue wages of Vs as being of Our Army or otherwise there shall be a Bancke maintained at Corke as heretofore it was to receiue their bils but the bils receiued there shall be paiable onely at London and fot the vse of passengers and souldiers departing out of Our Realme into England there shall be likewise exchanges at Bristoll and Chester So as no such souldier or passenger doe bring thither any bill containing aboue the sum offoure pound But for Merchants there shall not be at the said places of Chester and Bristoll any payment of bils returned but onely at Our City of London in such manner as is hereafter expressed And further Our pleasure and meaning is that the said Exchange shall extend onely to such as now are or hereafter from time to time shall be in Our pay here seruing Vs in the field or in wards or garrisons and to all Officers of gouernement of Iustice of Our reuenewes or of the Exchange and to such others as are contained in Our establishment To all and euery of whom We are pleased to allow the benefit of exchanging Monies of the new Standard of this Realme into Monies currant in England wanting onely twelue pence sterling in the pound viz. yeerely to each of them rateably in his degree for so much as he doth saue aboue his expence of that which hee doth receiue yeerely of Vs or ought to receiue cleerely for his pay all deductions and defalcations being foreprized and so as there be no fraud vsed by any of them in abusing this Our liberality and fauonr conttary to Our true meaning And for others vsing trade of Merchandize although they deserue no fauour in regard of the frauds wherewith many of them haue abused Our gracious meaning in the institution of Our exchange intended and in regard of the excessiue raising of the prices of all wares whereby both Our Subiects are extreamely burthened here and We intollerably charged in the exchange in England yet in regard of the present pouerty of this Our Realme whereby We conceiue that there wanteth as yet for a time sufficient commodities of the growth or manufaction of this Kingdome wherewith to maintaine trafficke Wee are pleased to maintaine for their vse an exchange in this manner That euery such person not being of those that belong to Our Establishment but a Merchant who shall deliuer to the Master of the Exchange or his Deputies in this Realme one hundred pounds whereof forty pound shall be of the Standard of sterling mony of siluer or of gold and threescore pound in mixt Monies of the new Standard of this Realme shall receiue of the said Master of the Exchange or his Deputies a Bill directed to the Bancke of exchange in England where the same is playable whereby hee shall receiue for each hundred pound deliuered here in that manner one hundred pounds in Monies currant of England wanting onely twelue pence in the pound for each pound of the mixt Monies deliuered and for the starling no defalcation to bee made as heretofore hath been ordained And after that rate for more or lesse in quantitie And to the end that the fraudes vsed by some Merchants may be better preuented and the Master of the exchange or his Deputies vnderstand that he dealeth truly in bringing his monies to the exchange Our pleasure is that euery such Merchant resorting to the exchange shall bring a certificate from the Officers of Our Custome-house where his goods were entred what goods he hath entered there and at what time to the end that it may thereby be discerned that he seeketh nothing but the returne of his owne money and is not a cullourer of other mens And sor that diuers Noble men and Gentlemen of this Realme haue cause many times to repaire into England either for suites or other necessarie causes and some haue children there either at the Vniuersities or at the Innes of Court or Chancerie or in Our seruice at Court who shall haue cause for those purposes to vse sterling monie and to haue the moneys of this Realme conuerted into moneys currant in
subiects of the Electors shall not bee bound to answere the Law out of their owne Prouince nor may appeale to any Court but their Lords except Iustice bee denied in which case they shall onely appeale to the Chamber of the Empire That the Electors shall meete in some Citie once in the yeare where they shall haue no feasting to the end that the causes may be heard with more expedition That the priuiledges of Cities and Vniuersities in any thing derogating from the right of the Electors shall be reuoked and made voide notwithstanding the Letters Pattents may except all eminency of persons That the resignation of fees except they be personally made shall make the vassals infamous in denouncing enmity to their Lords That conuenticles of Cities made to the preiudice of their Lords shall be punished with losse of fame goods and priuiledges That no Citizens subiects to Princes and incorporating themselues in free Cities shall enioy the priuiledges thereof except they dwell there vnder a great penalty to bee imposed on the City receiuing them with any other condition That the Fees of the Electors or Officers of the Empire shall not be deuided by their heires That they who conspire the death of any Elector shall be guilty of treason and their sonnes depriued of their Inheritance euen from the mothers side shall liue infamous and they shall be noted who make intercession to restore them to grace but that the Daughters lesse daring for the weakenesse of the sexe shall haue part of the inheritance and that no enfranchisement of sonnes or alienation of goods shall frustrate this Law That all accessaries shall be so punished onely he that bewrayes the conspiracy may bee held worthy of pardon Also this penalty shall be of force against those that are dead if the crime be not knowne till after their death In solemne Court that the Emperour shall sit in his throne and the Duke of Saxony laying an heape of Oates as high as his Horses saddle before the Court gate shall with a siluer measure of twelue markes price deliuer Oates to the cheefe Quirry of the stable and then sticking his staffe in the Oates shall depart and the Vice-Marshall shall distribute the rest of the Oates That the three Archbishops shall say grace at the Emperours Table and he of them who is Chancelor of the place shall lay reuerently the Seales before the Emperor which the Emperor shal restore to him that the staffe of the Chancelorship shal be worth 12 marks of siluer That the Marquis of Brandeburg sitting vpon his Horse with a siluer basen of 12 marks weight a towel shall light from his Horse giue water to the Emperor That the Count Palatine sitting vpon his Horse with foure dishes of Siluer with meate each dish worth 3 markes shall light and set the dishes on the table That the King of Bohemia sitting vpon his Horse with a siluer Cup worth twelue markes filled with water and wine shall light and giue it the Emperour to drinke The Gentleman of Falkenstein vnder-Chamberlaine the Gentleman of Norsemberg Master of the Kitchen and the Gentleman of Limburch Vice-Buttler or in their absence the ordinary Officers of the Court shall haue the said Horses Bason dishes Cup Staffe and measure and shall after wait at the Emperours table That the Emperours table bee sixe foote higher then any other table where he shall sit alone and the table of the Empresse shall be by his side three foote lower The Electors tables shall be three foote lower then that of the Empresse and all of equall heighth and three of them shall bee on the Emperours right hand three on his left hand and one before his face and each shal sit alone at his table When one Elector hath done his Office he shall goe and stand at his owne table and so in order the rest till all haue performed their Offices and then all seuen shall sit downe at one time The Emperour shall be chosen at Franckfort crowned at Aquisgranum vulgarly called Ach and shall hold his first Court at Nurnberg except there be some lawfull impediment The Deputy of an Elector absent howsoeuer he hath his voyce in chusing the Emperour yet at the said feast shall not sit at the Electors table Princes receiuing their fees shall pay sixtie markes to the Officers of the Court excepting the Electors who are not bound to giue any thing but of free will since the Officers are their Substitutes and the Horse vpon which the Prince sits when hee is inuested in his fees shall bee giuen to the Marshall or to the Vice-Marshall The Electors are presumed to bee Germans and their sonnes at the age of seuen yeares shall bee taught the Grammer and the Italian and Selauonian tongues so as at 14 yeares age they may be skilfull therein and be worthy Assessors to the Emperor These things for this purpose taken out of the Golden Bulla shall suffice Touching the present generall estate of the Empire The Emperor his brethren were not much esteemed among their owne subiects and had little or no authority in the rest of the Empire The Germans confesse that the House of Austria is most fit to beare the burthen of the Empire especially since no stranger may be Emperour the Law binding to choose a Prince borne in Germany and because the Empire hath no principality belonging to it nor any certaine reuenues but onely some accustomed Subsidies which vpon some occasions were of old granted by Parliament these occasions being taken away the subsidies for them haue also in latter times beene discontinued so that the common affaires are to be administred with the charge of the Emperours priuate inheritance And lastly because they iustly feare if any other Prince of Germany should be chosen Emperour that the House of Austria hauing in a long line succeeded in the Empire and possessing large Dominions by inheritance would either altogether separate it selfe from the Empire or at least their inheritance in Hungary Germany and Bohemia through mutuall dissentions betweene them and the Emperour would be a prey to the Turkish Tyrant onely kept backe by the House of Austria according to the weake meanes it hath from inuading Germany at this day But when the Germans doe particularly obserue the persons of the Princes of the House of Austria they iudge againe none more vnfit to beare vp the Empire and to defend it from the Turkes inuasions and this common diffidence is infinitely encreased by the mutuall iealousies of Germany There want not iealousies in the House of Austria betweene themselues were they not forced to compound them by feare of the Turkes In generall the Gentlemen feare the conspiracy of the common people lest after the example of the Sweitzers they should roote out the Gentry or at least yeeld either none or voluntary obedience at their owne pleasure The Princes feare the free Cities so as they dare not exact absolute obedience of the
appeales for vniust causes should be punished by paying charges and being fined and that no appeale should bee admitted vnder the value of fifty Guldens excepting those who haue priuiledge to appeale for lesse summes and that no appeale be made for corporal punishments That the Chamber should be held at Spire till it be otherwise decreed by Parliament but that in time of famine or plague they may for the time choose another place That two brothers should not be the one an Assessor the other a Procter That the Iudges shall meete three dayes in the weeke and eight of them at the least shall be present That execution of iudgement shall first be required by letters of the Court to which if the Defendant shal not yeeld obedience he shal be cited to appeare and shall be condemned in costs and the Plaintife shall be put in possession of his goods and the Defendant by the Popes priuiledge granted to this Court shall be excommunicated and then execution shall be desired from the Magistrate of the Community or in case the defendant be powerful it shall be desired from the Emperour himselfe Lastly that no appeale nor petition against the iudgement of the Chamber shall be admitted And thus much breefly written of the Imperiall Chamber or Court shall suffice Onely I will adde that appeales were of old granted to the Electors subiects and at this day in some cases and aboue a certaine value are granted to the subiects of Princes and Cities and that in difficult causes the Germans often referre them to beiudged by the Colledges of ciuill Lawyers in the Vniuersity but since Princes and Cities weekely hold Courts of iudgement so as execution is done before appeale can be made and since many Cities and Princes haue priuiledges against appeales granted to them from the Emperor these appeales are many times and by diuers meanes made voide In this Chamber the Emperour himselfe may be accused and many times a Gentleman or any man of inferior condition hauing difference with a Princes gaines the cause against him and the great differences of Princes wont to breake into warre vse quietly to be composed in this Court The cheefe Iudge if he be Earle or Barron hath two thousand Guldens yeerely by the statute made in the yeere 1548 and hath more if he be a Prince An Assessor if he be an Earle or Barron hath yeerely by the same statute seuen hundred Guldens if he be a Doctour of the Ciuill Law or a Gentleman he hath fiue hundred Guldens and each Aduocate in Exchequer causes hath yeerely three hundred Guldens and by a statute in the yeere 1557 they receiue for each Gulden 77 Creitzers for bettering of their pensions whereas formerly each Gulden was valued at sixteene Batzen or sixty foure Creitzers Touching capitall iudgements By the Ciuill Law in most heinous offences the affection is punished though it take no effect yet in common custome and after the forme of the Statutes of Italy he that hath a mind to kill is not punished except he doe kill The old Law of Saxony respects the fact not the will but of late the Electors of Saxony haue made a Statute which is yet in vigour that he that prouokes a man to fight or threatens death to him shall dye though hee neuer assaile him The Germans hold it reprochfull to apprehend any malefactor which is onely done by the Serieants of the Hangmans disgracefull Family My selfe obserued that a young man Kinsman to the Consul or Maior of a Citie hauing killed a Gentleman remained two howers in the Citie and then fled without any stop by the Serieants who notwithstanding did afterwards for fashion sake pursue him some few howers Yet I must needs confesse that the Germans are generally most seuere in Iustice sparing not the Inhabitants more then strangers yea in some cases fauouring strangers more then the Inhabitants as in debts which a stranger cannot stay to recouer by long processe My selfe hauing a sute for money at Lindaw my aduocate would by no meanes take any fee of me and the Iudge gaue mee right with great expedition In criminall offences they neuer haue any pardons from Court which are common in forraigne Kingdomes but the punishment is knowne by the fact so the malefactor be apprehended For all hope of safety is in flight yet I deny not that fauour is often done in the pursute For since onely the Serieants can apprehend there is no place where more malefactors escape by flight In the Citie of Lubeck most honoured for Iustice the common report was that the very Iudges and Senators had lately wincked at a Gentlemans breaking of prison and flight with his keeper whom being imprisoned for a murther they could neither execute without greatly offending the King of Denmark nor otherwise set free without scandall of Iustice. A man suspected of any crime or accused by one witnesse is drawne to torture yet is neuer condemned vpon any probability till himselfe confesse the fact which confession is easily extorted because most men had rather dye then indure torment So as many times innocent men haue been after knowne to haue perished by their owne confessions as with vs sometimes innocent men haue been knowne to dye being found guilty by a Iurie of twelue sworne men And because it cannot be that the iudgements of men should not often erre hence it is that the Ciuill Lawyers haue a strange yet good saying that a mischiefe is better then an inconueniency namely that it is better one innocent man should dye by triall then many nocent persons should escape for want of triall In Germany not onely men but women also being accused are put to torture And for diuers great crimes the Law iudgeth them to death with exquisite torments And because they can hardly bee indured with Christian patience lest the condemned should fall into despaire the very Preachers when they haue heard their confessions and setled their mindes in true faith by rare example of too great charitie permit and aduise that they be made drunken to stupifie their sences so as thus armed they come forth with more bold then holy mindes and lookes and seeme not to feele vnsufferable torments of death Neare Lindaw I did see a malefactor hanging in Iron chaines on the gallowes with a Mastiue Dogge hanging on each side by the heeles so as being starued they might eate the flesh of the malefactor before himselfe died by famine And at Franckford I did see the like spectacle of a Iew hanged aliue in chaines after the same manner The condemned in Germany lose not their goods but onely in case of Treason against their absolute Lords But in Bohemia the goods of the condemned fall to the Emperour as he is King of Bohemia in the Territories belonging to the King and to the Princes and Gentlemen in the Territories whereof they are absolute Lords as they are all in their owne lands In Germany Courtiers and Students of Vniuersities
the clocke in the morning Iohn George borne 1585 the fifth of March at ten of the clock in the night Augustus borne the seuenth of September 1589. These three were Pupils vnder William Frederike D. of Wyneberg whereof the elder was to be Elector the other two Dukes of Saxony Elizabeth married to Casimire Administrator of the Electorship of the Palatinate Dorothy married to the Duke of Brunswick and Anne to Iohn Casimire Duke of Coburg This is the seuenteenth Duke of Saxonie and the first Elector of Saxonie in his Family Witikynd the third of whom are the Capeti Kings of France The Princes borne of these three Families are Dukes of vpper Saxony for there bee also poore Dukes of lower Saxonie as one residing at Angria While I liued at Leipzig Christian the Elector of Saxonie died 1591 whose Vncle by the Fathers side Mauritius was the first Elector of that Family For the Emperour Charles the fifth making warre against Iohn Frederike then Duke and Elector of Saxonie and against the Langraue of Hessen as Rebels to the Empire but indeede with purpose to suppresse these chiefe defenders of the Reformed Religion and to bring the free Empire of Germany vnder the Spanish yoke he cunningly warned Mauritius as next heire to sease the lands of Iohn Frederike or otherwise they should fall to him that tooke possession of them Whereupon Mauritius though he professed the Reformed Religion which now had great need of his helpe yet inuaded his kinsmans lands vnder a faire pretext that he tooke them least the Emperour should alienate them to strangers professing that he would restore them to his kinseman when he should be reconciled to the Emperour But such is the power of ambition as in the end he did nothing lesse but further receiued the title of Elector taken from Iohn Frederike and his children and conferred vpon him and his heires males by the Emperour The report was that Luther seeing Mauritius brought vp in the Court of the Elector Iohn Frederike foretold the Elector that he should one day confesse hee had nourished a Serpent in his bosome True it is that Mauritius shortly after restored the cause of Religion in like sort deceiuing the Emperours hope by making a league with the King of France But euer since the posteritie of Mauritius hath been iealous of the heires to Iohn Frederike and hath gladly taken all occasions to suppresse them Whereupon Augustus succeeding his brother Mauritius was easily induced by vertue of his Office as Arch-Marshall of the Empire to prosecute with fire and sword Iohn Frederike the eldest sonne of the said Iohn Frederike whom the Empire had proscribed At which time he besieged him in Gotha a strong Fort which he tooke and razed to the ground coining Dollers in memory of that Victory with this inscription Gotha taken and the proscribed enemies of the Empire therein besieged either taken or put to flight in the yeere 1567 Augustus Elector of Saxony coined these And it is not vnlikely that Christian sonne to Augustus especially for feare of this Family fortified Dresden with so great cost and art howsoeuer the common people thought it rather done because he affected to be chosen Emperour at the next vacation Of this Family thus prosecuted and deposed from the Electorship are the two Dukes of Saxony the one of Coburg the other of Wineberg so called of the Cities wherin they dwell And the Duke of Coburg hauing been proscribed by the Empire and neuer restored the Duke of Wineberg though more remoued Kinsman yet was made Administrator of the Electorship with title of Elector as Tutor to the sonne of Christian his two brethren who were brought vp by him in the Court at Dresden vnder their mother the Widow to Christian being of the house of Brandeburg So as were not the Germans nature honest and peaceable had not the power of the Elector of Brandeburg stood for the Pupils it was then thought that the wronged Family had great meanes of reuenge This example makes me thinke that it is farre more safe to make the next Kinsman on the mothers side Tutor who can haue no profit but rather losse by the death of the Pupill then the next Kinsman by the Fathers side being his heire The Dukes of Coburg and of Wineberg are Dukes of Saxony by right of blood and of possessions therein but the Family of the Elector hath nothing either in vpper or lower Saxony but onely Wittenberg belonging to the Electorship which was conferred vpon them by the Emperour Charles the fifth The Elector holds his Court at Dresden in the Prouince of Misen Touching Christian the Elector hee was reputed to be much giuen to hunting to be prone to anger not to be sollicited by petition but at some fit times to affect solitarinesse and little to be seene of the people hardly to admit strangers to his presence at any time much lesse when he sat at the table to eate contrary to the vse of the Princes of the house of Austria to haue skill in the Art of Gold-Smithes and to spare no charge in keeping braue Horses And no doubt hee was so carried away with this last delight as he would take in gift from his very enemies any beautifull thing belonging to the Stable And while I was at Wittenberg a Scholer hauing spoken some words that he loued Horses better then Scholers was sent to Dresden and there whipped about the streetes Beyond measure he was giuen to large drinking in plaine termes to drunkennesse and that of the most strong Wines so as this intemperance was thought the cause of his vntimely death And for these drinking games he had certaine faire chambers ouer his Stable something distant from his lodgings of his Court which were appropriated to festiuall solaces As soone as he was made Elector he presently ordained the new Iudges for the Saxon Law vulgarly called Schoppenstuel and the Consistories In the yeere 1586 hee had a meeting at Lubeck with the King of Denmarke and the Elector of Brandeburg In the yeere 1589 at Naumberg he renewed the hereditarie league betweene his Familie and the neighbour Princes namely the Elector of Brandeburg his eldest sonne 〈◊〉 Frederike then called Administrator of Hall the three brothers a William Lodwike and George Langraues of Hessen Frederike William Duke of Saxony for one man hath often times two names in Baptisme Iohn Duke of Saxony for the title is common to younger brothers and houses of one Family with the elder Iohn Casimire Tutor to his Nephew the Elector Palatine Iohn Ernest Duke of Saxony Christian Prince of Anhalt Wolfang and Phillip Dukes of Grubenhagen And to knit his friends loue more firmely to him I haue said that he did institute an Order of Knighthood called the Golden Fellowship He had for his Counsell his Officers of Court and some Doctors of the Ciuill Law and among them Crellius Docter of the Ciuill Law and the Master of his Game or hunting whose name I
required by the Ciuill Law Out of this great Counsell the new Senate is yeerely chosen and when the time of Election is at hand this great Counsel names a Consull and a Scabine of the Gentlemen called ancient or out of the cheefe of the next Order and in like sort the old Senate of the yeere past names three of the ancient Gentlemen These fiue are called the Electors of the new Senate and as soone as they are chosen all Magistracy ceaseth Then these Electors being sworne are shut vp into a Chamber whence they come not forth till they haue chosen twenty six Consuls and Scabines of each thirteen Then they chuse the rest of the new Senate and assoone as they are chosen they name among themselues those that are called ancient which are commonly the same men except some bee put in the place of them that are dead for it is a disgrace to be put from that dignity This Election is made in one day and the Senate consists of forty persons whereof thirty foure are Patricians or Gentlemen and so the gouernement is especially in the hands of the Gentlemen as a thing whereof they hold the common people to be vncapable Of these Gentlemen are 〈◊〉 the seuen Men and the Senate of the ancient as also the Captaines and Treasurers To be a Doctor of the Ciuill Law makes a Gentleman or any other to be vncapable of a Senators place But when in dificult cases they neede the aduise of Doctors they send two Senators to consult with them who relate their iudgment to the Senate For this cause and because all iudgments are according to equity not after the strict Law there be fowe Doctors in that Citty neither haue they many Aduocates the Senate giuing stipend onlyto foure who plead all causes Yet the Citty intertaines some Doctors to aduise them at I formerly said to assist them in iudgment exhibiting the cause in writing as also to be Ambassadors To the said 34 Gentlemen 8 Plebeans are added which make the said Senate and these Plebeans haue free voyces but are remoued from secret Counsels and hauing liberty to be absent seldome meete with the Senate except they be called So as the common people haue little or no authoritie and are kept vnder in so much as meetings excepting funerals and like ceremonies and walkings by night are forbidden yet they haue their priuiledges inuiolably kept and liue in great libertie vnder a most equall gouernement Of these Gentlemen gouerning the Citie they haue as I haue heard twenty eight honourable Families or there about And of the said thirty foure Gentlemen of the Senate eight are called the Ancient who like old soldiers are freed from seruice the other twentie sixe diligently attending the publike affaires with capitall and Ciuill iudgements and one of them is chosen to intertaine passengers worthy of Honor by presenting wine to them in name of the Senate and also to call the Senate together to propound the causes vpon which they deliberate to aske their Voyces and to doe many like duties These twenty sixe Gentlemen are diuided into thirteene Consuls and thirteene Scabines and these Scabines iudge capitall causes first examined by the whole Senate as the Consuls iudge Ciuill causes And they so diuide the yeere betweene them as each of them for a moneth is Consull or Scabine Out of them are chosen seuen men who haue the greatest authority and determine all secrets of State and to them the Treasurers make account And howsoeuer two of one Family may be Senators yet two of one Family cannot be of these seuen men Three of these seuen are chosen Captaines who haue the keeping of the Armory and the keyes of the Gates and vpon any tumult all flie to them and yeeld them obedience Two of these Captaines are Treasurers where of the chiefe hath the first place in all Assemblies To these Treasurers one of the Plebeans is added to ouersee the expence of the treasure and two of the best sort of the Plebeans are Clerkes of the Exchequer but onely the two chiefe Treasurers disburse and lay vp all moneys They haue in all publike Counsels two Chauncellors whereof one alwaies attends the Counsell of seuen men and these Chauncellors write the Decrees of Counsell receiue and reade write and send all letters being as Secretaries and they haue sixe Clerkes to write vnder them All the Senators haue their seuerall stipends out of the common Treasure Each of the seuen men hath yeerely fiue hundred Guldens besides gainefull Offices as the keeping of the Seales and each Treasurer hath eight hundred Guldens and each Chauncellor two hundred Guldens yeerely In Iudgements they doe not much vse the pleadings of Proctors or Aduocates but vse to iudge summarily vpon oath or to appoint Arbiters to compound controuersies But among the Courts of Iudgements one is of fiue men from whom there is no appeale yet they referre the greatest causes to the Senate The second Court is of eight men and hath two Tribunals where the causes of citizens are determined which exceede not the value of thirtie two Crownes and these two Tribunals in greater causes are vnited and haue three or foure Doctors appointed by the Senate to aduise them for onely the Scabines iudge and from these Tribunals appeale is granted to the Senate if the cause exceede the value of fiue hundred Crownes These chuse a Iudge to see their Decrees put in execution and to see capitall offenders executed They appoint a Iudge for the Villages and territories subiect to the City for whose assistance the Senate chuseth some out of the great Counsell These weekely giue the Law to the Villages and Country people and by the exercise of this Office the Iudges are inabled for the Office of Scabines Also they chuse a Iudge to haue care of the Faires and Markets who sets the price of Bread Flesh and all things there sold and he hath foure Senators to assist him in weekely inquiring after the workes of Artificers that they sell no vnperfect workes nor vse any fraude Of the Senators three are chosen supreme Tutors for pupils and widowes who diuide inheritances see that all Testaments be performed and appoint new Tutors in case the old bee dead suspected or absent These supreme Tutors prouide that the moneis of pupils be put forth to vse and that the profit returnes to the pupills They receiue the accompts of the Tutors and prouide that the Pupils be religiously and honestly brought vp One Senator is set ouer each Church Monastery and Almes house to see the reuenues well administred and to promote the causes thereunto belonging Fiue Gouernors are set ouer the Territory without the walls among which the Chancelor hath yearly one hundreth Crownes each of the rest twenty fiue Crownes for stipend In time of warre they chuse seuen Senators who take vpon them the care to prouide all necessaries for the same I vnderstoode there that not long before they
the causes are not determined after the ciuill but after the prouinciall law or according to that which seemes good and equall and by the statutes and customes of each Canton They haue no quirkes or obscurities to protract iudgement and they thinke it better sometimes to erre in a doubtfull cause then to follow the Lawyers iudging according to Law not equity and so making the suites perpetuall In the Gouernements all controuersies are determined by the Gouernours and Iudges of the place yet so as appeale is granted from them to the common Senate In priuate Cantons causes are iudged by the Senatours and Iudges of each Canton yet they haue some publike Iudgements namely when the Cantons haue any controuersie one with another or a priuate man with a Canton for which cases they haue many cautions in their Leagues and at this day they are determined after this manner Each part chuseth two Iudges of his owne Citizens who are absolued in that case from their oath giuen to their owne Canton and then they are sworne that they will consider of the controuersie according to that which seemes good and equall and that they will faithfully indeuour to compose it at least so as it shall bee decided by Law not by Armes And in the old leagues certaine places are appointed in which these Iudgements are handled The 7 Cantons commonly meete for them in the Monastery of the Heremites within their owne confines and so other leagues in other appointed places The Iudges and Burgesses of those Cantons with which those that haue controuersies haue more strict league determine these causes if the first arbiters cannot compose them and both parts are bound to rest in the iudgement of the greater part and if the Voices be equall on each part as many times it falleth out a new Iudge or Arbiter is chosen who doth not giue a new Iudgement of his owne but approueth one of the Iudgements giuen by the equall Voices of the said Burgesses And this Arbiter is chosen by those Burgesses and so he be a Citizen of any one Canton it is not required that he should be of either of the Cantons to whom the cause belongeth Thus if Bern be plaintiffe against the 3 Cantons 16 men are chosen by the Cantons out of which Bern chuseth one to be Arbiter but if the Cantons be plaintiffes against Bern they chuse an Arbiter out of the lesser Senate of Bern. Likewise in controuersies betweene Zurech and Bern the plaintiffe chuseth an Arbiter out of the Senate of the other Citie To conclude in all Iudgements publike and priuate they vse such integrity as this simplicitie of their Iudgements disallowed by subtill polititians happily succeeds in all occasions and so they retaine their old vertue is like euer so to succeede In most of the Cantons namely at Zurech Basil and Schafhusen no Bastard may beare publike office nor be a Senator or Iudge which Law is common to the Sweitzers with the Germans first instituted to restraine fornication and to preserue the dignity of marriage In some places he must haue been a Citizen ten yeres in other places twenty yeres who is chosen to be of the common Counsell and at Zurech no stranger is euer chosen to be a Senator or Iudge and by Common law no Homicide Adulterer or infamous person for any crime may be of the Senate In all the Cantons they are no lesse carefull to preuent domages by fier then to keepe out their enemies for which cause they hire watchmen to walke the streetes by night and Belmen to tell the howers and in some places as the Towne of Saint Gallus they haue nightly thirty two Watchmen and chuse Citizens to visit the chimnies and ouens that they be free from danger of fier In other Cantons they haue publike Officers who in any such chance see that all things be done in order and that no tumult be raised vpon such occasions to which end they appoint some to quench the fier and draw others in armes to defend the walles and the gates And at Zurech able young men are yeerely chosen to be ready for the quenching of any such casuall fier In Lucerna the Law of Retribution an arme for an arme a leg for a leg is in many cases obserued where he that killes a Citizen bee the cause neuer so iust as repelling force by force shal die if he be taken or be perpetually banished if he escape by flight yet when he hath satisfied the Kinsmen of him bee killed hee is permitted to returne from banishment And in all the Cantons where they dwell in Villages he that kills a man in his defence shal be banished and his owne Senate cannot permit his returne which can onely be obtained from the great and publike Senate And in the same Cantons no lands may be ingaged to any stranger neither may any stranger buy any possessions but onely a house and a Garden for herbes And if any man often offend in Drunkennes he is imprisoned and may drink no Wine for a yere till he haue procured pardon of the publike Senate which me thinks should easily be granted him by Iudges guilty of the same fault except they meane quarrels and like offences not simple drinking which I thinke probable because generally the Sweitzers drinke as stiffely as those of the vpper part of Germany In the same Cantons Matrimoniall causes are referred to the Consistory of the Bishop of Costnetz but all adulteries are punished by the Senate at home commonly with the losse of goods sometimes with a fine of ten pounds that is ten Dollers with them The publike Edicts are yeerely in these Cantons confirmed or abrogated by the Voices of the common people And in the Towne of Friburg and the Territory if a debter pay not his debt the Creditor sends certaine seruants and horses to the publike Inne the charge whereof is paid by the debter till he satisfie his Creditor Besides in any controuersie if sureties be thrise demanded of any man and he bring not in suerty or caution he is punished with banishment and the same punishment is inflicted on them who violate the command of keeping the peace and who without iust cause take part with either of them that are at variance In generall for the Gentry of the whole Prouince mention hath been and is after to be made that the same is extinguished so as it were in vaine to seeke for any Knightly order among these men who howsoeuer they be military men yet vniuersally are Cittizens or of common Plebean ranck They take to themselues coates of Armes deuised by themselues and tricked after their owne fancies yet not with open Helmets as Gentlemen beare them but with closed Helmets after the manner vsed by the Citizens in Germany And their Lawes of inheritance and the dowries of wiues doe come neerest to those of Germany the Ciuill law if I be not deceiued passing with them into Prouinciall lawes and customes by
Inhabitants of the Country All Townes and Villages of this forme whereof I named sixe haue a President of their Counsels called Amman that is Amptman signifying a man of Office The Vrij are deuided into ten parts called Tenths by the vulgar name The Suitij are diuided into foure parts called quarters The Vnderualdij are parted with a wood of Oakes and thereby are diuided into the vpper and lower and the whole canton hath the name of the lower as dwelling vnder the wood and Stantium is their chiefe Village Zug for the Towne consists of two and for the county of three conuents or meetings Glarona consists of fifteene Tagwans signifying a daies tillage Apenzill as well towne as countrey consists of twelue Roden whereof the sixe inward were of old vnder the Abbot and the sixe outward were out of his territory either free or subiect to priuate Gentlemen Out of each of these conuents or parts the Senators of the whole canton are chosen in equall number being in most of them threescore in number besides those who hauing had publike honours remaine perpetuall Senators Zug hath forty fiue Senators that is nine of each conuent the towne being taken for two conuents Apenzill hath 144 Senators namely twelue for each conuent In weighty affaires for which it seemes not good to call the people together the Counsels of Senators in most places are doubled or trebled each Senator chusing one or two Assessors But onely citizens are capable of this dignity and it is much more difficult to obtaine freedome of being a citizen with these cantons then with the cities The highest power is in the generall meeting of the people to which all are admitted of foureteene or sixteene yeeres age and they meete in the middest of the territory or in the chiefe Village of the canton and there is first chosen the Amman in most places for two yeeres and out of all the people of what part or conuent soeuer he be but at Apenzill he must remoue his dwelling to the Towne where publike counsels vse to be held and there abide during his office And at Zug he is chosen out of the conuents by order course and for the time of his Office must dwell in the city Next to the Amman they chuse his Deputy called Statthalter then the Treasurer called Seckelmeister that is Master of the Purse then the Scribes or Clarkes and other Officers in order And this is peculiar to these Cantons in the seeking of any publike Office that they who seeke it are themselues present at the giuing of voices and themselues their Parents and children giue voices in their election which are giuen by lifting vp the hand from an high place and in case of doubt are numbered by the Pole The Senators are not chosen by the whole Assembly but each by the Inhabitants of his owne conuent or part Besides this publike meeting other meetings vse to be appointed vpon extraordinary occasions namely when Ambassadours are to be sent or any decree is to be made of league peace or warre Besides the two counsels of all the people and of chosen Senators most of the cantons haue a priuy counsell of few men Thus the Suitij haue a priuy counsell of one Senator and one Amman chosen of each conuent or part and this counsel gouernes the publike rents and expences They haue two courts of Iudgment one of nine men in which the Amman is President and that determines the weighty causes of inheritance of defamation and iniuries The other of seuen men in which the Ammans Deputy is President and that determines ciuill causes of debts and contracts The Vrij or canton of Vrania haue the same course where the Court of fifteene men in which the Amman is President determines ciuill controuersies of greatest moment and the court of seuen men in which the Ammans Deputy is President iudgeth of debts vnder the value of threescore pound The Vnderualdij haue one court of iudgement at Stantium and another at Sarna and each hath an Amman for President The towne or city of Zug besides the publike counsels of the Canton hath his proper Senate and Magistrates or Iudges In the canton of Glarona the indiciall court of nine men determines of inheritance defamation and iniuries And that of fiue men iudgeth debts but onely in the two moneths of May and September Iudgements are exercised by the Iudges yeerely chosen at the generall meeting of the Canton The Canton of Apenzill hath two Courts of Iudgement one of twenty foure men two of each conuent or part wherein fines are imposed and defamations and iniuries are iudged The other of twelue men called the sworne Court of Iudgement because it iudgeth of doubtfull controuersies and such as are tried vpon oath and this also obserues the breaches of Statutes and determine what causes are to be propounded before the Senate and this Office is perpetuall Of Consistories and Matrimoniall and Spirituall causes handled in other Courts I shall speake hereafter in the Chapter of Religion Capitall causes almost in all these Cantons are iudged by the Senate or publike Counsell and that commonly doubled the Amman of the Canton or his Deputy being President At Zug Assessors out of each Conuent or part are associated to the Senate and they sit in a publike place where all men may behold the Iudges and heare their sentences For the Courts of Iudgements in the prefectures or gouernements commonly a Deputy Gouernor and Assessors are chosen of the Inhabitants to ioyne with the Gouernour and they determine as well of ciuill as criminall causes and these Gouernours in some places are chosen for three yeeres Some Villages haue municipall rights vnder the Cantons and there they chuse Magistrates out of their owne Village yet they yerely craue this priuiledge at the publike meeting and it is granted them as a singular fauour And some of these Villages haue also their peculiar Banners and Ensignes but they beare them not where the great and common Banner of the Canton is displaied In the second place are the Cantons as formerly is shewed ouer which the Townes commaund not diuided into Tribes or Companies namely Bern Lucern Friburg and Solothurn in which it is forbidden by the Law that they should be diuided into Tribes But the Artisans haue their Colledges or Halles not for the chusing of Magistrates but for orders of the Art and these they call Geselscafften that is Societies or Fellowships not Tribes or Companies which are vulgarly called Zunfften In these Cantons the chiefe Magistrate is vulgarly called Schuldthessen that is set ouer debts whom I may call Consull and they haue two Counsels the greater and the lesse The greater at Bern hath the name of two hundred though they be more in number and the lesser is of twenty sixe men At Lucern the greater is of one hundred men and each halfe yeere eighteene gouerne the Common-wealth by courses At Bern when they chuse the Senate the
captiues At Friburg they haue a Court of Iustice called the Cities Court which iudgeth the citizens causes takes the examination of captiues and puts the accused to the racke or torment but after referres all to the Senate They haue another Court of Iustice for the countrey wherein the causes of subiects dwelling out of the city are determined In both Courts are two of the lesser Senate and eight Iudges of the greater Senate chosen for three yeeres and they meete thrice euery weeke and appeale is admitted from them to the lesser Senate Also twelue Iudges chosen out of both the Senates determine the appeales of the prefectures or gouernements meeting once euery moneth for that purpose and from them there is no appeale The Gouernours are chosen by both the Senates and hold that Office for fiue yeeres but giue accompt yeerely before the lesser Senate and they iudge capitall crimes in their gouernements but the Senate hath power to change mittigate or approue their sentence as they Iudge meete In the third place it remaines to speake of the third forme of gouernement in the three Cities distributed into tribes or companies namely Zurech Bazill Schafbusen wherein the state is diuided into two Orders of the noble and plebean They haue a peculiar society of those called noble which is vulgarly called Eingeselschafft and at Zurech Etn Constaffell but Bazill for the great number of them had two societies which had the chiefe authority the Consull being chosen of one and the tribune next in dignity chosen of the other till the nobility was remoued from gouernement or rather freely gaue it ouer For these Gentlemen first ioined with the House of Austria and were after banished with them till the yeere 1501 a perpetuall league was made with the House of Austria and the Gentlemen returned from banishment but hating the common people left the City to dwell in their Castles whereupon their authority was much diminished and that which remained they vtterly lost in the yeere 1529 when they left the City and opposed themselues to the reformation of religion decreed by the Senate yet the said two societies in name and their publike houses of the societies and the priuate houses in their possession remaine to them at this day but none of the Gentlemen are chosen into the Senate being excluded by the common consent of the Citizens from the gouernement of the Commonwealth which they willingly for sook so as the gentlemen haue really no peculiar society only some few of them dwelling continually in the City are numbered in the foure chiefe Tribes or companies of the Citizens and in them are chosen into the Senate as Citizens and these foure companies are called the companies of the Lords or Gentlemen At Zurech they haue a peculiar society of Gentlemen which hath this priuiledge that halfe as many more are chosen into the Senate out of it as out of any other tribe And in this very society of Gentlemen there is difference among themselues for the old Families haue a peculiar society and a priuate stoaue wherein they onely meete and many Citizens are ioined to the whole society who neither exercise any art nor trade of Merchandize and because Porters and the baser sort must be numbered in some tribe or company all these for occasions of warre are numbered in this society of the Gentlemen called Constaffel and vnder the same they serue in the warres yea and giue their voices in the choice of the Master of the society who is one of the Senate Also at Schafhusen the Gentlemen haue a peculiar society but in all these Cities the people is diuided into tribes or companies vulgarly called Zunft whereas the Gentlemens society is called Geselschafft or Constaffell At Basii there be 15 Tribes whereof 4 are called the tribes of the Lords or Gentlemen namely of the Merchants of the Goldsmiths of the Vintners of the Apoticaries and Silkemen the most populous of all other and the other eleuen are Plebean Tribes of all kinds of Artisans Zurech hath twelue Tribes for the Weauers of wollen cloth being few are numbred among the Dyers Schafhusen hath but eleuen Tribes wherein sometimes Artisans of diuers Arts are ioyned in one Tribe but each Art hath his peculiar Hall and these are called the diuided Tribes and they meete in their peculiar Halles when they consult of any thing concerning their priuate Art but they meete in the common Hall of the Tribe for causes touching the Common-wealth as the choise of Senators or Masters of each Tribe In the said Cities are two Counsels the greater when many meete in the name of the people to consult of weighty causes belonging to the Commonwealth and the lesser which daily sits in iudgement At Zurech the greater Counsell or Senate is of 200 men and the lesser of 50. At Basil the greater is of 244 the lesser of 64. At Schafhusen the greater is of 86 the lesser of 26 Senators To these ad two Consuls the Heads or Presidents of publike Counsels in each of these Cities And this is common to al these Cities that each Tribe hath two Masters chosen for half or a whole yeere which time ended others succeede in that place yet commonly he that was Master the last halfe yeere is chosen againe except there be some impediment The lesser Senate is diuided into new and old and that is called the old whereof the Senators haue serued halfe a yeere and these are not alwaies called to the meetings for some businesse only belongs to the new Senate At Zurech the two Senates are changed each halfe yeere and the old Senate at the halfe yeeres end chuseth the new But at Basil and Schafhusen they remaine in Office a whole yeere And the Masters of the Tribes are chosen by their owne Tribes and confirmed by the greater Senate but they are confirmed by the old Senate at Basil. The voices are openly taken at Zurech but secretly at Schafhusen for certaine men are set ouer the elections in whose eares they giue their Voyces softly whispering The lesser Counsell or Senate meetes commonly thrice or foure times each weeke The Consull is President of both Senates and is chosen by the greater Senate for halfe a yeere and in some places for a yeere The Tribunes are ioyned with the Consuls for Heads and Presidents of the Senates and at Basil nine other are ioyned to them who make the Counsell of thirteene to whom the more weighty affaires are referred to consider of them before they be propounded to the whole Senate Zurech hath a peculiar Counsell which may be called the Exchequer Court consisting of eight men chosen foure out of each Senate and to them all Exchequer accounts are referred Two Clerkes or Secretaries are present at publike Counsels with assistants ioyned to them if neede require and the Office of these Secretaries especially of the chiefe is honourable and gainefull and not easily conferred on any but a Patritian because they
must haue full knowledge of the Lawes Customes Priuiledges and all secrets of the Common-wealth Zurech hath two publike Courts of Iudgement or Iustice one of eight Iudges chosen out of the lesser Counsell or Senate who determine Ciuill causes Debts and the like and from them there is no appeale but themselues referre the most difficult matters to the Senate The other determines the causes of the Reuenue Basil hath two Courts of Iustice in the great Towne and a third in the lesser Towne The greater Court consists of ten Iudges who are partly taken out of the Senate partly out of the people and they determine Ciuill and Criminall causes but the Burgomaster or Maior is President for Ciuill causes and the Aduocate of the Empire for Criminall and three men called the Capitall Triumuiri of Senators degree pleade and proue inditements against malefactors But at Zurech and Schafhusen the new Senate iudgeth capitall causes yet the Consull or Burgomaster is not then President as at other times but the Aduocate of the Empire whom the Senate by speciall priuiledge chuseth yeerely out of their owne body And at Basil capitall Iudgements are giuen in a publike place but at Zurech in a close priuate Court with the doores shut and at Schafhusen the accusation and defence are made in open Court but all are excluded when the Senate giues iudgement The lesser Court of the great Towne at Basil doth onely determine small controuersies not exceeding the value of ten pounds The Court of Iustice in the lesser Towne of Basill hath his owne Burgomaster or Consull and determines all causes except criminall At Schafbusen the Cities Court of Iustice determines of debts contracts and the like but if the summe of the controuersie exceed the value of one hundred gold Guldens the Senate iudgoeth it And this Cities Court hath twenty Assessors namely one of each Tribe and eight other chosen by the Senate It hath another Court of Iustice for the Mulcts or Fines consisting of twelue men and the Aduocate of the Empire is President thereof and this Court imposeth Fines and iudgeth the criminall causes of lesse weight as small iniuries and vulgar reproches for the Senate determines of the greater Touching the Magistrates and Officers of these Cities the Consuls called Burgomasters are of chiefe dignity then the Tribunes then diuers Treasurers and Officers about the Reuenues and Tributes The next degree is of those Officers who haue the care of publike buildings and workes then those who haue the care of victuals as those who looke to the weight and goodnesse of bread and those who ouersee the shambles that no vnsound meate be sold and that all things be sold at a moderate price which they set downe and appoint how flesh shall be sold by the pound In like sort the ouerseers of the fish market and salted meates and butter and cheese Likewise the Officers who protect Orphanes and widowes who dispence publike aimes gouerning those houses and who ouersee weights and measures and the publike Schooles Some of the prefectures or gouernements belonging to the Cities are gouerned by the Senate of the City so as the Gouernours remaine Senators in the City and onely at-set daies goe to the Villages for administration of Iustice but the Senate onely iudgeth of capitall causes but to those Gouernements which be larger and farther distant they send Gouernours who iudge not onely ciuill but most capitall causes In priuiledges customes and peculiar Courts of Iudgement where the prefectures haue power to chuse Iudges among themselues the Gouernours alter nothing therein but onely sit as Presidents in their iudgements these their rights alwaies preserued Thus among other the City of Zurech hath two pleasant saire Townes subiect to it which are ruled by the Lawes of Zurech but haue their owne Magistrates and serue Zurech in warre but vnder their owne colours And this shall suffice touching the Common-wealths generall and particular of the Cantons Among the fellowes in league are the Abbot and Towne of Saint Gallus The Abbot is numbered among the Princes of the Empire but his power is much diminished in these daies yet he sets Gouernours ouer many places and his Ammans doe Iustice in his name Also he hath instituted an high Court of Iustice to which appeales are made from the lesser Courts and besides he hath Officers of all kinds after the manner of Princes The Towne as likewise that of Mulhuse and Roteuil is numbered among the Cities of the Empire and it as the other two hath the forme of a Common wealth formerly described sauing that this Towne of Saint Gallus hath some peculiar things It hath sixe Tribes whereof one is of Gentlemen It hath two Senates the greater and the lesser in which lesser Senate are foure and twenty Senators namely three Consuls nine Senators and twelue Masters of the Tribes for each Tribe hath three Masters chosen by the Tribes and confirmed by the lesser Counsell or Senate and one of them yeerely by course gouernes each Tribe being sixe in number the other two are of the Senate and make twelue And twice euery yeere is the choice made of the Senate and Magistrates The first of the three Consuls exerciseth that Office for the present yeere the second did exercise it the yeere besore and the third is Iudge of capitall crimes And the Consull is yeerely chosen by the whole assembly of the people The greater Senate consists of sixty sixe men This Towne hath also an inferiour Consull or as I may say a Deputy Consull The lesser Senate iudgeth ciuill causes The greater meeteth fiue times in the yeere and iudgeth of appeales and of taking new inhabitants and the like and extraordinarily it is called oftner as for iudging capital causes at which time the Aduocate of the Empire whō I said to be the third consul is President of the counsel The whole people is called together thrice in the yeere first when the Consuls are chosen 2. when oath is giuen to the newe Consul thirdly when the Ordination of Tributes is read before the people the Lawes deuided into three Parts are read before the pepole at these three meetings The first Court of Iustice is of fiue men which iudgeth of debts of wages or hires of victuals of iniuries and fines without appeale The court of Iustice for the City is of twelue men changed twice each yeere from it apeale is admitted to the lesser Senate so the cause be aboue the value of fiue pounds but if he that appeales lose the cause he paies a fine to the Iudges The common people of the towne and country liues by making woollen cloth whereupon strict Lawes are made for the same that the web vndressed be viewed by three skillfull men and be marked according to the goodnes and if it be faulty be rent in the middest through the breadth or be burnt where any great fault is found and that publikely besides a fine imposed vpon
the weauer After sworne men measure and marke the cloth besides other officers who curiously and particularly view each cloth I said before in the History of this towne that it made warre vpon the Abbot when he sought to remoue from it to another towne more absolutely in his power not only the gainefull trade of clothworking but also the holy reliques whereby in those daies great gaine came to them Among the Rhetians or Grisons each conuent or meeting or community hath his Amman and chiefe Magistrates yeerely chosen and a generall Gouernor of the whole leage called Landtrichter that is Iustice of the land yeerly chosen at the publike meeting They haue many conuents or meetings but only three leagues The head of the second league called the house of God is the City of Chur which hath a Cathedrall Church and the common-wealth thereof is not vnlike that of Zurech The three leagues haue but one common-wealth for howsoeuer most places haue their owne Magistrates and Lawes or rather customes and Courts of Iustice aswell for Ciuill as criminall causes yet the chiefe power is in the common or publike Senate of the three leagues consisting of the Burgesses of the seuerall conuents not vnlike the generall Senate of the Sweitzers and the meeting of all the people is seldome called But they haue another Counsell or Senate of the chief men namely the Prouinciall Iudge of the vpper league the Consull of Chur for the league of the house of God the Amman of the third league of the ten Iurisdictions with other chosen men ioined to them but this Counsell hath not full power for the acts thereof are referred to the communities of the leagues that stands in force which the greater part of them doth confirme and the iudgments of such causes as are referred to the seuerall communities are registred in a written booke They determine controuersies and giue Iudgements as the Sweitzers doe Among their Statutes it is decreed by common consent that the Bishop of Chur or any Ecclesiasticall person shall not appoint any Ciuill Magistrates but that they shall be chosen by the voices of the people The three leagues haue their prefectures or gouernments vnder them the gouernor of their Italian prefectures as of those vnder the Sweitzers is vulgarly called Il Podesta from whom the subiects may appeale The three leagues by course appoint these Gouernors for two yeeres and the conuentes or communities by course in their owne league name the said Gouernors for two yeeres Touching the Valesians The conuents of vpper Valesia are seuen and of the lower are six The Bishop of Sedune is the Prince of the Country or region who is named the Earle and Gouernor of the same and he is chosen by the Cannons of the Church at Sedune and by the Burgesses sent from the seuen conuents of vpper Valesia The Captaine of the Country is next to the Bishop and is chosen by the Bishop and the said Burgesses for two yeeres and confirmed by the publke consent of the seuerall conuents and to him all Ciuill causes are referred Each conuent hath a chiefe Magistrate or Maior or Castellan who with the Senate of that counent iudgeth Ciuill and capitall causes and vnder him is the Amman whichis the highest officer in the Cautons dwelling in villages Appeales are admitted from all the seuerall conuents to the publike Senate of Valesia consisting of Burgesses chosen by the conuents and this Senate meetes at Sedune twise euery yere and the Bish op sits in that Counsell and the Baly takes the Voyces By this Senate the Common-wealth is gouerned the gouernours and publike Officers are chosen and it is called the highest Court from which there is no appeale The Lords of Chiurone of old were of great authority and are the Marshalls of the Bishopricke of Sedune Vicounts of Sedune and Seneschalls or Stewards of Valesia The Valesians haue a peculiar Statute to represse the violence of mighty men The Common wealth is gouerned by the Bishop and the seuen Conuents of vpper Valesia whom lower Valesia obeyeth being distributed into sixe prefectures or gouernments and three other prefectures out of Valesia taken or subdued in the Sauoian warre are also subiect to them The Towne of Bipenne hauing league with the three Cantons for ciuill causes acknowledgeth the Bishop of Basil and for Ecclesiasticall iurisdiction is vnder the Bishop of Losanna but hath cast of the yoke of the Papacy and obtained immunitie from the Bishop of Losanna when that Bishoprick and Citie were taken and made subiect to the Canton of Bern. The Bishop of Basil appoints the Maior out of the Senate of the Towne and the Maior taketh an oath from the Citizens and they likewise an oath from him and he with the Senate iudgeth criminall causes and is President for capitall Iudgements The Bishop hath halfe of all fines aboue three pound and certaine tythes with some other reuenewes but the Customes Impositions and Tributes belong to the Citie The Citizens serue the Bishop of Basil in warre but no further from the Towne then they may returne home the same day but if he will vse them further he must hire them with pay The same priuiledges were granted to this Towne by the Bishop in the yeere 1382 which he granted to the lesser Towne of Basil. The publike Senates as well the greater as the lesser are yeerely chosen by all the Citizens and the Master of the Citizens or Burgomaster is next in authority to the Maior and is chosen by both the Senats and when they consult of the Common-wealth the Maior and the Officers of the Bishop goe out of the Counsell The Consull Tribunes Iudges and other Officers are chosen by both the Senates onely the Ensigne is chosen by all the people and he with the Consull hath the care of Pupils This Towne hath some subiects and their Conuents without any Gouernour exercise Iudgements but the greatest matters are referred to the Senate of the Towne The Stipendiary Townes or Cities of the Cantons haue two Counsels or Senates and he that is President of the publike Counsell is called Schuldthess as set ouer debts and at Baden he is chosen by both the Senates Also they haue their Officers their Exchequers and Tributes belongiug to each City but at Baden the customes at the gate belong to the Towne but the impositions vpon Merchandise belong to the Cantons to which the Towne is subiect Lastly they haue Iurisdiction in Ciuill criminall and capitall causes Among them the Towne of Frawenfeld redeemed it selfe from the seruitude of the Monastery of Augia for no small part of the Citizens were Ecclesiasticall slaues to that Monastery At this day it giues an oath to the Lord of Augia the priuiledges alwaies preserued and that Monastery is incorporated to the Bishoprick of Constantia vulgarly called Costnetz The City Iudges haue also power to iudge and punish capitally Touching the prefectures or gouernementes vnder the