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A07834 An itinerary vvritten by Fynes Moryson Gent. First in the Latine tongue, and then translated by him into English: containing his ten yeeres trauell through the tvvelue dominions of Germany, Bohmerland, Sweitzerland, Netherland, Denmarke, Poland, Jtaly, Turky, France, England, Scotland, and Ireland. Diuided into III parts. The I. part. Containeth a iournall through all the said twelue dominions: shewing particularly the number of miles, the soyle of the country, the situation of cities, the descriptions of them, with all monuments in each place worth the seeing, as also the rates of hiring coaches or horses from place to place, with each daies expences for diet, horse-meate, and the like. The II. part. Containeth the rebellion of Hugh, Earle of Tyrone, and the appeasing thereof: written also in forme of a iournall. The III. part. Containeth a discourse vpon seuerall heads, through all the said seuerall dominions. Moryson, Fynes, 1566-1630. 1617 (1617) STC 18205; ESTC S115249 1,351,375 915

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tyrannicall forme of gouernment and to their ignorance of Religion as also of liberall and manuall Arts not to the situation of the Prouinces I confesse that in generall Southerne men are now more frugall in diet and apparrell then Northerne But the Iewes and Southerne men are and euer haue beene great vsurers extortioners and amassers of treasure so as they must also be reputed couetous And as the Italians are most frugall so haue the Romanes in their riches beene monsters for Luxurie So as rhe clime cannot be the cause But indeede riches are cause of Pride and Luxurie as the examples of all times and nations doe teach And the same riches are cause of couetousnesse according to the Poet. Crescit amor nummi quantum ipsa pecunia crescit As money growes so groweth auatice Prodigality at this day not for the climes sake but for some other cauies may iustly be imputed to Northerne men yet this vice dispersing treasure vitiously is not so great a vice as that of rapine and couetousnesse hiding those treasures and burying them from vse Olde Writers taxe Southerne men most for Iealousie No doubt the most sharpe sights are sometimes dimmed and so for what cause so euer it must be confessed that the sharpe witted Southerne men are to this day madly iealous alwayes tormenting themselues with this restlesse passion and vsing their wiues like slaues yet no whit more freed thereby from fatall hornes though to preserue their wiues chastitie they permit the Stewes and that because they liue among men who no lesse vexe themselues in finding meanes to enioy these forbidden Loues then the other are vexed in the courses to preuent their enioying thereof and because their wiues so watched thinke themselues to bewray simplicity and ignorant folly if they omit any occasion of offending this way though it were with neuer so base a man Hauing taxed the wittie Southerne men with iealousie yet they in generall conclude that Northerne men are most suspitious and that vpon a contrary cause namely the defect of wit No doubt they who are most guilty of their owne defects take in worst part the whisperings priuate laughters of those that are in their company Yea I wil say of experience that I found the Italians nothing nice to shew their strong Forts to me and other strangers and that in Northerne parts the same were not to be seene by strangers or at least with great difficulty By which and like arguments casie to be brought I am induced to thinke that want of true iudgement is the cause of suspition but not the sole nor yet the chiefe cause thereof To omit many other causes sometimes an ill conscience makes men suspitious as we reade that our tyrant Richard the third vpon the least shadow or shaking of a leafe had his hand vpon his dagger Againe the best and wisest men are iustly suspitious when they liue among wicked men or haue necessarie affaires with them Therefore let Southerne men consider whether they vse not more to wound their owne consciences with guiltinesse of wicked deedes then Northerne men vse to doe and whether they be not more iustly to be accused of treacheries poysonings and like high crimes then the other For no doubt the iealous Southerne men by guiltinesse of these crimes in spite of their wit and wisedome shall become in all kinds most suspitious Olde Writers affirme that Southerne men are more prone to madnesse then the Northerne and they report that infinite numbers of mad men are found in Affrique where many Almes-houses are built onely to receiue the sicke of this kinde and that the South parts of Spayne doe abound with distracted men And this is agreeable to nature and the Rules of naturall Philosophie For howsoeuer the situation of places cannot properly be the cause of any vertue or vice yet it is probable that it may cause diseases or health Bodine against the iudgement of Hipocrates proueth that Northerne men are more venerious then Southerne First because our bodies haue greater inward heate in Winter then in Sommer and so in Winter are more apt for the act of generation the same reason being of a Northerne and Southerne bodie as of Winter and Sommer I should thinke that the hot and dry Southerne men are most prone to venery but that the colde and moist Northerne Men are most potent therein Againe Aristotle saith that they who ride most are most venerious which Bodine also obiecteth against Hipocrates who falsely holds that the Northerne mens riding makes them lesse fruitfull in generation It is most certaine by our and all mens experience that great part of Asia and especially the Southerne Prouinces lie at this day waste or little inhabited though Poligamy be permitted among them I meane the hauing of many wiues for one man and that all Europe on the contrary is wonderfully populous and especially in the most Northerne parts though no man hath more then one wife allowed him By this one argument it is most manifest that the Northerne men are most potent for generation And it is no lesse manifest that Southerne men haue more desire by the multitude of their wiues their libidinous vsing the loue of boyes and all mens consent so generall as it needs no further proofe yea men of experience say that Northerne men only trauelling towards the South are more and more troubled with this restlesse desire Bodine disputes that Southerne men are longer liued then Northerne contrary to the opinion of Pliny First because Elephants who as Aristotle saith haue the longest liues of all other are onely found in the South I remember that the Turkes at this day repute them old weomen or past the age of loue who are come to the age of 25 yeeres and that my selfe did see few or no men in Asia who had gray beards and it any had grey hayres it was not for the number of their yeeres but because they grow old sooner then Northern men I cannot so well speake of other Nations where I liued a short time and as a stranger but I remember that in Benerly a Towne of Holdernes in England there liued in our age one Iemings a Carpenter whom the men of those parts report to haue liued 120 yeeres and that he married a young woman some few yeeres before his death by whom being of good fame he had foure children and that his eldest sonne by his first wife then liuing was 100 yeeres old or thereabouts but was so decrepite as he was rather taken for the father then the sonne And lest I should seeme by one Swallow to make summer as the Prouerbe is the men of Hereford-shire can witnes that such examples are not rare in England where in the raigne of King Iames they made a morris-dance of fifteene persons all borne in the same County or within the compasse of 24 miles who made 1500 yeeres betweene them some being little lesse then 100 yeers old and
shirt till it be worne And these shirts in our memory before the last Rebellion were made of some twenty or thirty elles folded in wrinckles and coloured with saffron to auoid lowsinesse incident to the wearing of foule linnen And let no man wonder that they are lowsie for neuer any barbarous people were found in all kinds more slouenly then they are and nothing is more common among them then for the men to lie vpon the womens laps on greene hils till they kill their lice with a strange nimblenesse proper to that Nation Their said breeches are so close as they expose to full view not onely the noble but also the shamefull parts yea they stuffe their shirts about their priuy parts to expose them more to the view Their wiues liuing among the English are attired in a sluttish gowne to be fastned at the breast with a lace and in a more sluttish mantell and more sluttish linnen and their heads be couered after the Turkish manner with many elles of linnen onely the Turkish heads or Tulbents are round in the top but the attire of the Irish womens heads is more flat in the top and broader on the sides not much vnlike a cheese mot if it had a hole to put in the head For the rest in the remote parts where the English Lawes and manners are vnknowne the very cheefe of the Irish as well men as women goe naked in very Winter time onely hauing their priuy parts couered with a ragge of linnen and their bodies with a loose mantell so as it would turne a mans stomacke to see an old woman in the morning before breakefast This I speake of my owne experience yet remember that the foresaid Bohemian Barron comming out of Scotland to vs by the North parts of the wild Irish told me in great earnestnes when I attended him at the Lord Deputies command that he comming to the house of Ocane a great Lord among them was met at the doore with sixteene women all naked excepting their loose mantles whereof eight or ten were very faire and two seemed very Nimphs with which strange sight his eyes being dazelled they led him into the house and there sitting downe by the fier with crossed legges like Taylors and so low as could not but offend chast eyes desired him to set downe with them Soone after Ocane the Lord of the Countrie came in all naked excepting a loose mantle and shooes which he put off assoone as he came in and entertaining the Barron after his best manner in the Latin tongue desired him to put off his apparrel which he thought to be a burthen to him and to sit naked by the fier with this naked company But the Barron when he came to himselfe after some astonishment at this strange right professed that he was so inflamed therewith as for shame he durst not put off his apparrell These Rogues in Summer thus naked beare their armes girding their swords to them by a with in stead of a girdle To conclude men and women at night going to sleepe lie thus naked in a round circle about the fier with their feete towards it and as I formerly said treating of their diet they fold their heads and vpper partes in their woollen mantles first steeped in water to keepe them warme For they say that woollen cloth wetted preserues heate as linnen wetted preserues cold when the smoke of their bodies hath warmed the woollen cloth CHAP. III. Of the Germans and Bohemians Commonwealth vnder which title I containe an Historicall introduction the Princes pedegrees and Courts the present state of things the tributes and reuenews the military state for Horse Foote and Nauy the Courts of Iustice rare Lawes more specially the Lawes of inheritance and of womens Dowries the capitall Iudgements and the diuersitie of degrees in Family and Common-wealth COnstantine the great made Emperour about the yeere 306 remoued his seate from Rome to Constantinople and at his death deuided the Empire among his children And howsoeuer the Empire was after sometimes vnited in the person of one Prince for his reigne yet it could neuer bee againe established in one body but was most commonly deuided into the Easterne and Westerne Empires In the time of Augustulus Emperour of the West the remote Countries of the Empire recouered their liberty by the sword and barbarous Nations in great armies inuaded the Empire till they possessed Italy so as this Emperour was forced to depose his Imperiall dignity about the yeere 476. And thus the Westerne Empire ceased till Charles the great King of France about the yeere 774 subdued the Lombards and was at Rome saluted Emperour of the West by Pope Leo the third and the Princes of Italy From which time the Empires of the East and West of old deuided by inheritance among brothers and Kinsmen had no more any mutuall right of succession but began to bee seuerally gouerned Histories write that Charles the great King of France was descended of the Germans and that all Gallia Transalpina that is beyond the Alpes and vpper Germany as farre as Hungary were by a common name called France onely deuided into Easterne and Westerne France And the diuers Nations of Germany formerly gouerned by their Kings and Dukes were at this time first vnited vnder this Charles the great About the yeere 911. Conrade the first Ion to the Duke of Franconia a large Prouince of Germany was first out of the race of Charles the great saluted Emperour of the West by the Princes of Germany though Charles the Simple and others of the race of Charles the great still reigned France to the yeere 988 yet with lesse reputation then their progenitors had and troubled with many confusions Thus Germany deuiding it selfe from France drew to it selfe the Empire of the West whereof in our age it retaineth rather the shadow then the old glory Foure Dukes of Saxony succeeded Conrade in this Empire and in the time of Otho the third Duke of Saxony and Emperour contrary to the former custome whereby the Emperours succeeded by right of bloud or the last testament of the deceased Emperour or by the consent of the Princes of Germany the election of the Emperour was in the yeere 984 established hereditary to seuen Princes of Germany called Electors by a law made by the Emperour and the Pope From that time the Empire hath remained in Germany with free election yet so as they most commonly therein respected the right of bloud in which respect the house of Austria hath long continued in the possession of the Empire And the Emperours of Germany for many ages by this right gouerned Italy and receiued their Crowne at Rome till wearied and worne out by the treacheries of the Popes and forced to beare the publike burthen vpon their priuate reuenues they were made vnable to support their former dignity For these causes Rodulphus of Habsburg of the house of Austria chosen Emperour in the yeere 1273 first
1. Of the fit meanes to trauell and to hier Coaches or Horsesin generall Chap. 2. Of Sepulchers Monuments and Buildings in generall for I haue formerly spoken particularly of them Chap. 3. Of Germany Bohmerland and Sweitzerland touching the Geographicall description the situation the fertility the trafficke and the diet Chap. 4. Of the vnited Prouinces in Netherland and of Denmark and Poland touching the said subiects of the precedent third Chapter Chap. 5. Of Italy touching all the subiects of the third Chapter going before The third Booke Chap. 1. Of the geographicall description of Turky the situation fertility trafficke and diet Chap. 2. Of France touching the particular subiects of the first Chapter Chap. 3. Of England touching the particular subiects of the first Chapter Chap. 4. Of Scotland touching the subiects contained in the first Chapter Chap. 5. Of Ireland touching the particular subiects of the first Chapter The fourth Booke Chap. 1. Of the Germans Bohemians Sweitzers Netherlanders Daues Polouians and Italians apparell Chap. 2. Of the Turkes French English Scottish and Irish apparell Chap. 3. Of the Germans and Bohemians Commonwealth vnder which title I containe an historicall introduction the Princes Pedegrees and Courts the present state of things the Tributes and Reuenewes the military state for Horse Foot and Nauy the Courts of Iustice rare Lawes more specially the Lawes of inheritance and of womens Dowries the Capitall Iudgements and the diuersitie of degrees in Families and in the Common-wealth Chap. 4. Of the particular Commonwealths as well of the Princes of Germany as of the free Cities such of both as haue absolute power of life and death Chap. 5. Of the Commonwealth of Sweitzerland according to the diuers subiects of the third Chapter Chap. 6. Of the Netherlanders Commonwealth according to the foresaid subiects of the third Chapter The rest of this VVorke not as yet fully finished treateth of the following Heads Chap 1. OF the Commonwealth of Denmarke vnder which title I containe an historicall introduction the Kings Pedegree and Court the present state of the things the Tributes and Reuenewes the military power for Horse Foot and Nauy the Courts of Iustice rare Lawes more specially those of Inheritance and Dowries and Contracts for mariage the Capitoll or Criminall Iudgements and the diuersitie of degrees in Families and the Commonwealth Chap. 2. Of the Commonwealth of Poland vnder which title c. Chap. 3. Of the Commonwealth of Italy touching the historicall introduction the Princes pedegrees the Papall dominion and the Late power of the King of Spaine with some other subiects of the first Chapter Chap. 4. Of the particular Commonwealth of Venice touching most of the foresaid subiects Chap. 5. Of the Commonwealth of the Duke of Florence the Cities of Lucca and Genea with the Dukes of Urbino and of Mantoua Chap. 6. Of the Commonwealth of Italy in generall touching the rest of the heads which belong to the generall State of Italy rather then of any part thereof Chap. 7. Of the Commonwealth of the Turkish Empire vnder which title c. as followeth in the first Chapter Chap. 8. Of the Commonwealth of France vnder which title c. Chap. 9. Of the Commonwealth of England vnder which title c. Chap. 10. Of the Commonwealth of Scotland vnder which title c. Chap. 11. Of the Commonwealth of Ireland vnder which title c. Chap. 12. Of Germany touching Religion Chap. 13. Of Bhemerland Sweitzerland the vnited Prouinces of Netherland of Denmark and Poland touching Religion Chap. 14. Of Italy touching Religion Chap. 15. Of the Turkish Empire touching Religion Chap. 16. Of France England Scotland and Ireland touching Religion Chap. 17. Of the Germans nature wit manners bodily gifts Vniuersities Sciences Arts language pompous Ceremonies specially at Marriages Christnings and Funerals of their customes sports exercises and particularly hunting Chap. 18. Of the Bohemians Sweitzers and Netherlanders of the vnited Prouinces their natures wits manners c. Chap. 19. Of the Danes and Polonians nature c. Chap. 20. Of the Italians nature wit c. Chap. 21. Of the Turkes nature c. Chap. 22. Of the Frenchmens nature c. Chap. 23. Of the Englishmens nature c. Chap. 24. Of the Scotchmens and Irishmens natures wits manners c. Chap. 25. A generall but briefe discourse of the Iewes the Grecians and the Moscouites A briefe Table to vnderstand in the First Part the expences in small Coynes most commonly spent For England A Gold Angell of the standard of 23 Caracts 3 graines and an halfe is three peny waight and 8 graines and is giuen for ten siluer shillings 12 pence making a shilling the siluer being of the standard of 11 ounces two peny weight and the shilling foure penny or ninety six graines weight For Scotland and Ireland The English Coynes are currant and spent For Germany The Reichs Doller of Germany is worth foure shillings foure pence and the siluer Gulden is accounted three shillings foure pence English Twenty Misers siluer Groshen 32 Lubecke shillings 45 Embden stiuers foure Copstucks and a halfe 55 groates 36 Maria grosh 18 spitz-grosh 18 Batz make a Reichs Doller Two sestings make a Lubecke shilling foure Drier a siluer grosh two dreyhellers a Drier two schwerd grosh a schneberger foure creitzers a batz foure pfennning a creitzer For Bohemia Three Pochanels make a Creitzer 9 creitzers and one Pochanell make foure weissgrosh of Morauia 30 grosh a Doller two hallers a pfenning and 5 pfenning a grosh For Sweitzerland Six Rappen make a Plappart or 3 Creitzers and 20 Plapparts or 60 Creitzers make a siluer gulden two finferlins make a finfer and 5 a batz foure angster make a creitzer twelue a Bemish 60 creitzers a siluer gulden For the Low Countries Foure Orkees or Doights make a stiuer two blanks a stiuer and a halfe six stiuers a shilling 20 stiuers a gulden or three shillings foure pence being two shillings English 20 shillings a pound and one hundred pound Flemish makes sixty pound English For Denmarke Two Danish shillings make one Lubecke and 66 Danish shillings make one Reichs Doller For Poland Thirty Polish Grosh make a siluer Gulden 40 a Reichs Doller three Pochanels a Creitzer seuen a Grosh For Italy The siluer Crowne almost fiue shillings English is giuen for 7 Lires of Uenice two Lires make a Iustino 20 Soldi a Lire one Lire and 4 Soldi a Mutsenigo 4 Bagatines a Quatrine two Betsior 3 Quatrines or a Susine and a halfe make a Soldo two Quatrines make a Susine three Susines a Boligneo and 12 Bolignei a Lire Ten Giulij or Poali or Carlini make a siluer Crowne ten Baocci a Giulio or Paolo foure Quatrines a Baocco eight Baelli or Creitzers make a Giulio twenty Soldi or Bolignei of Genoa make a Lire of Genoa whereof 15 make 20 shillings English and 3 of these Lires with 15 Soldi make a siluer Crowne seuen Soldi and an halfe make a Reale foure Soldi a Caualotto
another Coach comming from Lubecke for Coaches passe daily betweene those Cities After dinner we passed foure miles in foure houres space through hils more thicke with woods but in many places bearing good corne and came to Lubecke For my place in the Coach this day I paid twenty lubecke shillings and this night for my supper and bed I paid sixe lubecke shillings Here I bought the foureteenth Booke of Amadis de Gaule in the Dutch tongue to practise the same for these Bookes are most eloquently translated into the Dutch and fit to teach familiar language and for this Booke I paid eighteene lubecke shillings and for the binding foure and for a Map of Europe to guide me in my iourney I paid foureteene lubecke shillings Also I paid for a measure of Rhenish wine fiue lubecke shillings and as much for a measure of Spanish wine From Lubcke I passed two miles in three houres space through fruitfull hils of corne and some woods of oake to the village Tremuren and paid for my coach the fourth part of a Doller which notwithstanding vseth to be hired for fiue lubecke shillings and for my supper I paid foure lubecke shillings I formerly shewed that this village is the Hauen where the great ships vse to be vnladed and from thence to be carried vpto lie at Lubecke in the winter Here I tooke ship to sayle into Denmarke vpon the Balticke Sea so called because it is compassed by the Land as it were with a girdle This sea doth not at all ebbe and flow or very little after it hath passed in by the streight of Denmarke being more then twenty foure miles long so as vpon the shoares of Prussen Muscaw and Suetia this sea seemes little to be moued and many times is frozen with ice from the shore farre into the sea and the waues thereof once stirred with the winds are very high neither is the water of this sea any thing so salt as otherwhere so as the ships sayling therein doe sinke deeper at least three spans then in the German Ocean as manifestly appeares by the white sides of the ships aboue water when they come out of this sea and enter the said Ocean And this will not seeme strange to any who haue seene an egge put into salt pits and how it swimmes being borne vp with the salt water The Master of the Lubecke ship in which I passed to Denmarke gaue me beere for foure lubeck shillings for which the Dutchmen and Danes drinking more largely paid but one lubecke shilling more and euery man had prouided victuals for himselfe I paid for my passage twenty foure lubecke shillings and gaue foure to the marriners From Lubecke they reckon twenty foure miles to Falsterboaden and from thence seuen miles to Coppenhagen so called as the Hauen of Merchants We left vpon our lefthand towards the South a little Iland called Munde and as I remember the third day of August landed at Drakesholme being one mile from Coppenhagen whether I passed in a Waggon through some pastures and barren corne fields and neere the City I passed ouer the Hauen from one Iland to another I paid for my Waggon three lubecke shillings At our entrance of the City on the East-side is the Kings Castle where the Court lies especially in winter time On this side the City lies vpon the sea and there is the said Hauen as likewise on the North-side the sea is little distant from the City When I entered the gates the guard of souldiers examined me strictly and the common people as if they had neuer seene a stranger before shouted at mee after a barbarous fashion among which people were many marriners which are commonly more rude in such occasions and in all conuersation The City is of a round forme in which or in the Kings Castle I obserued no beauty or magnificence The Castle is built of free-stone in a quadrangle The City is built of timber and clay and it hath a faire market place and is reasonably well fortified Here I paid for three meales and breakefast eight lubecke shillings and as much for beere The King at this time lay at Roschild purposing shortly to goe into the Dukedome of Holst where he had appointed a meeting of the gentlemen at Flansburge to receiue their homage there which vppon old piuiledges they had refused to doe vnto him in Denmarke Therefore I went foure miles in foure houres space through a wild hilly Country to Roschild so called of the Kings Fountaine and my selfe and one companion paid twenty lubecke shillings for our Waggon and though it were the moneth of August yet the wind blowing strong from the North and from the Sea I was very cold as if it had beene then winter Roschild hath a Bishop and though it be not walled hath the title of a City but well deserues to be numbred among faire and pleasant Villages Here they shew a whet stone which Albrecht King of Suetia sent to Margaret Queene of Denmarke despising her as a woman and in scoffe bidding her to whet her swords therewith but this Queene tooke the said King prisoner in that warre and so held him till death Here I paid seuen Danish shillings for my supper In the chancell of the Church is a monument of blacke and white stone for this Queene Margaret and her daughter and the Danes so reuerence this Queene as they haue here to shew the apparell she vsed to weare In this Church are the sepulchers of the Kings whereof one erected by Frederick for Christianus his father is of blacke Marble and Alablaster curiously carued hauing his statua kneeling before a Crucifix and hung round about with sixteene blacke flags and one red Hauing seene the King and the Courtiers my selfe and my companion next day returned to Coppenhagen each of vs paying for the waggon tenne Lubeck shillings and here I paid for my supper six Lubeck shillings and three for beere From hence I passed by sea foure miles in fiue houres space to Elsinure and paied for my passage eight Lubeck shillings and for my supper eight Danish shillings And because I was to returne hither to take ship for Dantzke I passed the next morning three miles in foure houres space through Hils of corne but somewhat barren and woods of Beech to Fredericksburg and hauing but one companion with mee wee paied for our waggon thither and so to Coppenhagen each of vs twenty two Lubeck shillings Here the King hath a Pallace and a little Parke walled in where among other forraine beasts were kept some fallow Deare transported hither out of England the twenty foure yeere of Queene Elizabeths raigne I paied for my dinner foure Danish shillings and as much for beere In the afternoone we passed fiue miles in six houres through barren fields of corne and groues of Beech and hasel-nuts to Cappenhagen and by the way we saw a Crosse set vp in memory of a waggoner who hauing drunke too much droue his
Fitten to Robert Annesley to Edward Barkley to Sir Henry Vthered to Sir William Courtney to Robert Strowde and to their heires were granted 96165 Acres with rents nine hundred three thirty pound foure shillings halfe penny sterling In Corke by patent to Vane Beacher to Henrie North to Arthur Rawlins to Arthur Hide to Hugh Cuffe to Sir Thomas Noris to Warham Sent-leger to S t Thomas Stoyes to Master Spencer to Thomas Fleetwood and Marmaduke Edmunds and to their heires were granted 88037 Acres with rents fiue hundred twelue pound seuen shillings sixe pence halfe penny sterling In Waterford and Tripperary by Patent to the Earle of Ormond to Sir Christopher Hatton to Sir Edward Fitton to Sir Walter Rawleigh and to their heires were granted 22910 Acres with rent three hundred and three pound three pence sterling These Vndertakers did not people these Seigniories granted them and their heires by Patent as they were bound with well affected English but either sold them to English Papists such as were most turbulent and so being daily troubled and questioned by the English Magistrate were like to giue the most money for the Irish land or otherwise disposed them to their best profit without respect of the publike good neither did they build Castles and doe other things according to their couenants for the publike good but onely sought their priuate ends and so this her Maiesties bounty to them turned not to the strengthning but rather to the weakening of the English Gouernement in that Prouince of Mounster Touching the Rebellion of the Earle of Tyrone the worthy Antiquary Camden mentioneth Neale the Great tyrannising in Vlster and great part of Ireland before the comming of Saint Patrick into that Kingdome about the yeere of our Lord 431 adding that this Family notwithstanding liued after more obscurely not onely till the English entered to conquer Ireland about the yeere 1169 but after that to the time that the Scots vnder Edward Bruce attempted to conquer that Kingdome about the yeere 1318. In which turbulent time Doneualdus O Neale started vp and in his letters to the Pope stiled himselfe King of Vlster and true Heire of all Ireland Further Camden addeth that after the appeasing of these troubles this new King vanished and his posteritie lurked in obscuritie till the Ciuill warres of England betweene the Houses of Yorke and Lancastar The seede whereof was sowne by Henry the fourth of Lancastar Family deposing Richard the second of Yorke Family and vsurping the Crowne though Henrie the fourth and his sonne Henrie the fifth by their valour so maintained this vsurpation as no Ciuill warre brake forth in their time nor so long as the noble Brothers of Henrie the fifth and Vncles to Henrie the sixth liued After betweene Henrie the sixth of Lancaster Family and Edward the fourth of Yorke Family this bloudy war was long continued but ended in the death of the next successor Richard the third a double Vsurper both of the House of Lancaster and the Heires of his Brother Edward the fourth of the House of Yorke After in the marriage of Henrie the seuenth with the Daughter and Heire of Edward the fourth both these Houses were vnited and so this bloudie warre well ended From this time behold the Pedigree of the Omales Owen Oneale Hugh mac Owen Art mac Hugh Neale Moore mac Art Hugh Mac Neale Moore Owen Mac Hugh Neale Moore offered to serue against traitor Hugh Foure sonnes Tirlogh Hugh Bryan and Henry liuing when Hugh Oneale rebelled Phileme Roc mac Art Henry Mac Phelime Roc. Turlogh Mac Henry of the Fuse Rebell with Hugh Fiue sonnes then liuing Henrie Mac Owen Oneale married the Daughter of Thomas Earle of Kildare a Giraldine Con More or Great married the Daughter of Gerald Earle of Kildare his Mothers Neece whose Father and himself waxing bold vpon the power of the Earles of Kildare tyrannised ouer the people and despised the titles of Earles Marquises Dukes or Princes in regard of that of Oneale Con Sirnamed Bacco or Lame succeeded Oneale who cursed his posterity if they should learne English fow Corne or build houses to inuite the English His power being suspected of Henrie the eight and the Kings power after the suppression of the Earles of Kildare being feared of him who had rebelled with the Earle he fayled into England and renouncing the name of Oneale and surrendring his Inheritance held by the Irish Law of Tanistry by which a man is preferred to a boy and the Vncle to that Nephew whose Grandfather ouer-liues the Father and commonly the most actiue Knaue not the next Heire is chosen had his land regraunted to him from the King vnder the great Scale of England as to his Vassall with title of Earle of Tyrone Thus in the three and thirty yeere of Henrie the eight an Act of Parliament was made in Ireland with consent of the three Estates of that Kingdome whereby the vsurpation of the title of Oneale was made capitall to this Family and King Henrie and his successors the former stile of Lords being changed were stiled Kings of Ireland and the Lawes of England were receiued to be of force in that Kingdome Phelime Hugh eldest sonne Turlogh Brasilogh Six sonnes at least then liuing and able to serue the Queene Shane or Iohn Oneale succeeding his Father by killing his Brother Matthew and vexing his Father to death was cruell and barbarous and tyrannically challenged the neighbour Lords to be his subiects as Mac Gennys Mac Guire Mac Mahown O Realy O Hanlon O Cahon Mac Brien O Hagan O Quin Mac Cartan Mac Donnell Galloglasse And when Henrie Sidney expostulated this being Lord Iustice in the absence of the Earle of Sussex Lord Deputy he offered to proue by writings that his Ancestors had this authoritie ouer them denying that his Father had any power to resigne his lands to the King which hee held onely for life by Tanistry Law without the consent of the people being to chuse Oneale that is the chiefe of the name Hee made warre against O Realy and imprisoned Collogh Mac Donnell But when Thomas Earle of Sussex L. Deputy led the English forces against him he by the counsel of the Earle of Kildare sailed into England and submitted himselfe to Q. Elizabeth and after for a while conformed himselfe to obedience and ciuilitie But when hee tirannised ouer the Irish Lords and they craued succour of Henrie Sidney Lord Deputy in the yeere 1565 he leading an Army against him seng Edward Randolph with seuen Companies of Foote and a Troope of Horse by Sea to Derry and Loughfoyle to assault the Rebell on the back Against whom the Rebell turning all his forces was so defeated as hee fled for succor to the Scots whose brother he had killed and they at first entertaining him wel after fell to words killed him in the yeere 1567. After in a Parliament at Dublin he was condemned of treason and his lands confiscated and a Law made that no
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
gallowes with a condemned man that he might beware by that example And I haue seene others for stealing vnder the said value put in a basket and thrise ducked in the riuer for a warning vpon the first fault And I haue often heard them tax our English Iustice for hanging those that steale aboue the value of thirten pence halfe-peny which will hardly buy a rope By the Ciuill Law he that findes any thing and for gaine keeps it is guilty of theft for he ought to make it publikely knowne and to restore it being owned or other wise if he be poor to keep it if he be rich to distribute it among the pore By the Law of Saxony it is a theeuish thing not to make publikely knowne any thing that is found but hee that so doth shall not suffer death or any corporall punishment because he did not of purpose take it away but if he that lost it doe cry it in the Church or market-place then if it be more then the value of fiue shillings hee is thought worthy to be beaten with rods or to indure such arbitrary punishment according to the value of the thing found By the Ciuill Law hee that cuts downe trees secretly shall pay the double value but by the Law of Saxony the mulct is according to the value By the Ciuil Law they that steale the necessaries belonging to husbandry shall restore foure fold and also incurre infamy But one Law of Saxony condemnes them to haue their bones broken with wheeles and another Law makes the punishment arbitrary The Ciuill Law confiscates goods for which custome is not payd but the Law of Saxony imposeth Fyne aswell vpon those which pay not customes and duties as vpon those that passe not the beaten way where they are paied but go some by way to defraud the Prince By the Ciuill Law sacrilegious persons are beheaded but by the Law of Saxony their bones are broken vpon the wheele and markes are set vp according to the number of their offences in that kynd By the Ciuill Law no offender may be burnt in the forehead because the face may not be dissigured as created to the similitude of God but in Saxony those whch are beaten with rods or banished are also many times marked by being burnt in the hand or by cutting off their eares or by pulling out their eyes or by being burnt in the cheekes so as the haire may not couer the marke but it may be manifest to strangers in forraine parts Yet the interpreters of that Law thinke at this day that offenders can not be so punished by that Law and that a theefe ought not so to be marked By the ciuil Law witches doing any act wherupon a man dies are to be beheaded but by the Law of Saxony they are to be burnt Yet by a late Statute of the Elector they are sometimes beheaded for you must vnderstand that in all places the Prouinciall Law is daily increased by new Statutes of Princes And by the Law of Saxony a witch hauing done no hurt by that art is punished arbitrarily And the Germans credibly report that there be many witches in the Countries lying vpon the Baltick sea and especialy vpon the Northen side therof as in Lapland being part of the kingdome of Suetia and that in those places they haue generall meetings and Colledges of witches who wil tell any man what his frends do at anytime in the remorest parts one of them falling downe as in extasie and when he comes to himselfe relating the particulars thereof and that they ordinarily sell windes to the Marriners to carry them out of the hauen to the maine sea In Germany those that set houses on fier either hired thereunto or of there ownemalice and also witches vse to bee burnt or if their crime be hainous vse to be put to death with a 〈◊〉 iron on spit thrust into their hinder partes Coines of counterfeit mony are by the Law to dye in boiling lead By the Ciuil Law the goods of a banished man may be seased to repaire any losse but it is not lawfull for any man to kill him neither is he infamous But by the Law of Saxony he that is banished by the Empire may be killed because he broke the peace and after a yeers banishment he is infamous alwaies vnderstanding that he is lawfully banished By the Ciuill Law a traitor to his country is to be burned to death but by the Law of Saxony his bones are brokn vpon the wheele and by custome many torments are in some crimes added to this punishment By the Ciuill Law he that steales a virgin widow or Nunne and all that helpe him in that rape are beheaded but by the Law of Saxony besides the beheading of the offenders the places are to be laid waste where the force was offred and the beasts to be killed that helped to doe the force as the horses which carried them away yet this is not obserued but in practise only he is put to death that offered the force Of old the women of Germany were wont to purge themselues from suspition of adultery by the combat of champions or by treading on shares of hot burning iron with their naked feet with out taking any harme and this purgation should still be obserued neither is it abrogated in Saxony but only is vanished by difusing And the Germans haue not only of old been seuere punishers of breaches in wedlocke so as it was lawfull for the husband to expell his adulterous wife out of his house before all his neighbours with her body naked and her haire shorne and so to beat her with rods through the streets but also euen to this day the chastity of wiues through the seuerity of the Law against the incontinent is no where so preserued as in Germany If a married person lie with one that is vnmarried aswell on the man as the womans side the maried party is put to death and the vnmarried is punished by the purse and with ignominy and if both parties be married boh die And our age hath seene two notable examples of this Iustice in Germany one of a Duchesse who by authority of her husband and of her owne brother was for this crime forced to drinke poison secretly for preseruing of all their honours The other of another Duchesse who was bricked vp in a most narrow roome hauing an hole in the wall by which she receiued her meat to prolong her miserable life while her husband had another wife and liued with her in the same Castle in which she thus languished In most places of Germany this sinne is punished no lesse then with death yet in some places and vpon some circumstances as of a man hauing an old and barren wife the delinquent sometimes escapes with a mulct of mony and otherwhere the iudgment is drawne out with delaies of the suit to spare the parties without manifest breaches of the Law In Bohemia adultery is also punished
succeeded vnto and alwaies part of the goods is giuen if not by law yet by equitie to maintaine the bastards and the Interpreters will haue the law of Saxony vnderstood of those that are borne in incest who haue not the benefit of legitimation By the Ciuill law he that is borne in the seuenth moneth after marriage is reputed lawfully begotten but by the law of Saxony hee is reputed a bastard that is borne before the due time yet because Phisitians agree that the seuenth moneth may be called due time in custome and practise the law of Saxony agrees with the Ciuill law By the Ciuill Law the Testament is broken by the birth of a Posthumus that is a sonne borne after his fathers death if it giue no part to this child so the birth be proued by two witnesses but by the Law of Saxony foure men by hearesay and two women by sight must testifie the birth In the Ciuill Law it is controuerted how sonnes of brothers shall succeed the vnkle by the fathers side and the greater part saith that they succeed to the parts of the brothers so as one child of a brother shall haue as much as two or more children of another brother but by the Law of Saxony when the inheritance fals to any that are not brothers and sisters they succeed by pole so as one brother hauing many children each of them shall haue equall part with the onely child of another brother and if they be further off in degrees those that are equall in degree haue equall portions But both these Lawes are made to agree by a Statute of the Emperour Charles the fifth in the yeere 1539 whereby it is determined that the sonnes of brothers shall not succeed to parts but by pole to the Vnkle by the Fathers side not withstanding any Statute or custome to the contrary By the Ciuill Law the diuision of Inheritance must be made by Lots and if the parts be not so made equall the Iudge must determine it but by the Law of Saxony if there be onely two persons the elder deuideth and the yonger chuseth and if there be more persons then according to the Ciuill Law the inheritance is deuided equally and they cast lots for their parts In this deuision I haue obserued such equity among the Saxons as if one sonne of a Citizen haue beene brought vp in the Vniuersity or instructed in any Art or Science at the Fathers charge something shall be taken from his part and giuen to the other brothers wanting like education or being tender in yeeres And the Germans being lesse apt to disagreement seldome goe to Law about inheritance and if any difference happen an Arbiter is appointed and the Magistrate determines it with expedition By the Ciuill Law the Sonne of a banished man is depriued of his Fathers inheritance but by the Law of Saxony he shall enioy it By the Ciuill Law the degrees of Consanguinity end in the tenth degree excepting Barrons and noble persons who dying without heires the kinsmen succeede though it be in the hundreth degree and if all the Family of a King should die and leaue no man neerer then one of the old blood remoued a thousand degrees yet hee should succeed in the Kingdome The degree of Consanguinity by the Law of Saxony ends in the seuenth degree for that is the tenth by the Ciuill Law the sonnes of two brothers being by the Law of Saxony in the first degree who by the Ciuill Law are in the fourth degree By the Ciuill Law Cities howsoeuer priuiledged cannot possesse the vacant goods of men dying without heires but they fall to the Emperour but by the Law of Saxony Cities that haue absolute power confiscate these goods by custome so as the goods of a stranger or any dying without heires are brought to the Iudges of the place who keepe them for one whole yeere yea they challenge vnmoueable goods but with prescription of yeeres And these goods vse to be conuerted to godly vses and I haue obserued some to be deepely fined for fraudulent detaining these goods By the Ciuill Law he that is of age so he be in his wits and no prodigall person may freely sell giue or by any course alienate his goods but by the Law of Saxony this power is restrained for no man without the consent of the next heires can alienate vnmoueable goods gotten by his Progenitors vulgarly called Stamgûtter but onely for godly vses or dowries giuen vpon marriage for contracts of dowry are of force for vse and property without consent of the heires though made after the marriage if the guift be confirmed by the giuers death but if any man will sell his Progenitors goods first by the Ciuill Law he must offer them to be bought to the next heires and they refusing to buy them he may then freely sell them to any man and if they were neuer offered to the heires notwithstanding the possession is transferred but the heires haue an action for their interest By the Ciuill Law weakenesse as of old age doth not make the guift of lesse force but by the Law of Saxony a man or woman sicke to death cannot without the consent of the heires giue any goods aboue the value of fiue shillings so as a certaine solemnity is required among the sicke and also those that are healthfull in the gift of any moueable or vnmoueable goods For among the sicke or healthfull he that will giue any goods if he be of Knightly Order hee must be of that strength as armed with his Sword and Target he can vpon a stone or block an ell high mount his horse and his seruant is admitted also to hold his stirrop If he be a Citizen he must beable to walke in the way to draw his Sword and to stand vp right before the Iudge while the gift is made And a Clowne must be able to follow the Plow one morning Lastly a woman must be of that strength as shee can goe to the Church of a certaine distance and there stand so long till the guift be made but these things are vnderstood of guifts among the liuing not of guifts vpon death By the Ciuill Law guifts are of force though made out of the place where the goods are seated but by the Law of Saxony for vnmoueable goods the guift must bee made in the place and before the Iudge of the place where the goods are seated onely some cases excepted By the Ciuill Law the heire that makes no Inuentory is tied to the Creditors aboue the goods of Inheritance but by the Law of Saxony he is neither tied to make an Inuentory nor to pay further then the goods of the deceased extend By the Ciuill Law within ten dayes and by the Law of Saxony within thirty dayes after the death of him that dies the heire may not be troubled by the creditors An Imperiall Statute decrees that he who makes a Testament must be in his right mind so as he
the Husband hath no right either to alienate or to administer them as those goods which shee brings to her Husband aboue her dowry and neuer giues them to him but by the Law of Saxony the Man and Wife haue all goods in common so as all are said to be the Husbands and the Wife can call nothing her owne and the Husband hath the vse of all without exception euen while they liue together for the burthens he beares yet he hath not the property of these goods onely they both possesse them vndeuided so long as they liue together The Husband at marriage takes his wife and all her goods into his tuition but this tuition is onely vnderstood for the vse which ends when the wife dies but the wife hath not like vse in her husbands goods And the husband in administring the goods of his wife must deale honestly and neither sell nor ingage them because he is onely her Tutor By the Ciuill Law the wife hath power without the presence or consent of her husband to giue or alinate her moueable or vnmoueable goods onely during the marriage shee cannot giue away her dowry to the preiudice of her husband without his consent but by the Law of Saxony the wife cannot giue her vnmoueable goods nor sell or alienate any goods without her husbands consent because shee is vnder his power as her Tutor Yea the wife cannot giue her goods to her husband because hee being her Tutor cannot bee actor to his owne profit but if before the Magistrate shee chuse another Tutor by whose authority the gift is made then it is of force For in all cases in which a gift betweene man and wife is of force by the Ciuill Law in the same cases at this day by custome it is of force among the Saxons so as the former manner be obserued But all these things of the Wiues gift to her Husband and of alienating her goods by contract which shee cannot make without the consent of the Husband her Tuter are not vnderstood of the alienation by her last Will and Testament For by the Law of Saxony it is controuerted whether the wife may giue a gift to her husband at her death without the authority of the foresaid Tutor chosen by her and if it be giuen without the same whether after the death of the wife according to the Ciuill Law this gift be confirmed And some interpreters say that the same authority of a chosen Tutor and the same solemnity is required as in a gift betweene the liuing others determine that the gift at death without a Tutor is of force so it be made before the Iudge because it is not a simple giuing but participates some thing of the last Will and Testament and for that cause fiue witnesses are required to it or that it be registred which done the gift is of force because fauour is to be giuen to the last Testament which must not be captious but free Also because he that is of ripe age but in minority though hee cannot giue or contract without the authority of his Tutor yet hee may giue for death And so it is concluded that in doubtfull cases the gift must be fauoured that it may subsist rather then be made voyd Lastly the Law of Saxony in this consents with the Ciuill Law that a wife may make a Will and for death giue her vnmouable goods to any other but her husband without the consent of the husband her Tutor But by the Statute of the Elector the gift of vtensile goods made to the husband in preiudice of her next kinswoman is of so little force as with death it is not confirmed except it be remuneratory Yet among the liuing this gift of stuffe as some restraine it so it be not to the husband is of force if it be made before a Notary and with witnesses By the Ciuill Law the husband may not haue the care of his wiues goods lest she vpon affection shuld remit his ill administration so shuld be in danger to loose the goods of her dowry but by the Law of Saxony presently vpon mariage the husband is lawful Tutor to his wife By the ciuil law the dowry of the wife giuen by her father vpon the death of the wife returnes to the father except it be couenanted to the cōtrary in the contract of the dowry but by the law of Saxony the husband vpon his wiues death gaines all moueable goods and so much of the dowry as was in ready mony except it be expressely couenanted to the contrary in the contract of the dowry and all the goods of the wife aboue that shee brought in dowry fall to the husband nothing excepted but onely the vtensile goods yet this Law is not extended to the perpetuall and yeerely rents of the wife which are reputed vnmoueable goods By the Ciuill Law if either the man or the wife marry the second time the party may in no case giue more to the second husband or wife then to the children of the first marriage but among the Saxons this Law is abolished by contrary custome so as not onely the Step mothers vse to haue much more of the husbands goods then the children of the first marriage but on the other side also the second husbands vpon the death of the second wife being to haue all her moueable goods excepting the vtensiles commonly gaine more then her children of her first marriage By the Ciuill Law a Widdow retaines the dwelling house honour and dignity of her Husband deceased till shee marry to another and by the Law of Saxony the dead Husband leaues his widdow the right of his Family and blood and custome so interprets this Law as all priuiledges and dignities are thereby granted as by the Ciuil law Widows Virgins by the Law of Saxony if they be of such age as they haue no Tutors may giue or alienate their goods which a wife cannot do being vnder the Tutorage of her husband yet the interpreters restraine this to mouable goods being otherwise in vnmouable goods but by last wil testament they may dispose of both By the Ciuill Law if there bee no Letters of Dowry or Iointure the Husband dying the Wife must haue the fourth part of his goods but in some parts of Saxony the custome is that the Wife being a Widdow shal haue the third part of her Husbands goods as it is in all Misen but in other parts as in Thuring the Ciuill Law is obserued and shee hath the fourth part if the Husband leaue but 3 or foure children but if he haue more then the widdow hath onely an equall part with each of them But in Misen the wife hath not the vtensile goods which vse nor to bee giuen to women hauing a third part And moreouer the widdow is tied not onely to leaue her owne goods but her part of goods gotten in marriage by her husband and whatsoeuer her friends gaue to her in the life
of her husband or shee any way gained to their children at her death whether shee gaue them to her husband in time of his life or no for it is alwayes presumed that shee got these things out of her husbands goods And if in any place there be no custome to determine this then the widow besides her fourth or equall part hath also the vtensile goods And in case the husband leaue no children then the widow hath her choise whether shee will receiue the third part or renouncing the same will retain vtensile goods and all other her owne goods mouable or vnmouable together with her dowry But if the husband leaue children the widow hath not this choise but must renounce all the rest and sticke to her third part And by custome of the Country her dowry and gift for mariage is doubled so as shee that brought one thousand guldens for her dowry shall haue two thousand guldens in the diuision of her husbands inheritance And the right which married parties by statute haue in one anothers goods cannot be taken from them by last Will and Testament Discoursing with men of experience I heard that the widowes of Princes whiles they remaine widowes possesse all their husbands estate excepting the Electorships which the next kinsman by the Fathers side administers by his right during the minority of the sonne and inioy also the tutorage of their children but if they marry againe the country frees it selfe from them with giuing them a tun of gold for Dowry And that the Daughters of Princes haue Dowries frō the subiects by subsidies collected vse to sweare before the Chancellor that their husbands being dead or vpon any accident whatsoeuer they will not retourne to burthen the Country That the Daughters of Gentlemen neuer marry to any of inferior degree then Gentlmen which is constantly kept by both sexes and are commonly bestowed with a small Dowry and since by the Law they cannot succeed in fees haue at the parents death only a part of their mouable goods with the vtensils proper to them and one sister dying her portion goes not to the brothers or their children as also the married Sister dying and leauing no Daughter her portion goes not to her own sons except liuing in health she bequeathed it to them in her Testament but to the Neece on the Mothers side Lastly that in case the goods of a dead woman are neither giuen by her last Testament nor any Kinswomen to her on the Mothers side can bee found her goods goe not to her owne Sonnes or male-Kinsmen but are confilcated to the Prince or in free Cities to the Common-wealth It is said that the Roman Emperor Caracalla was wont to say that only that Nation knew how to rule their wiues which added the feminine article to the Sunne and the masculine to the Moone as the Germans doe saying Die Sonn 〈◊〉 der Mont. And no doubt the Germans are very churlish to their wiues and keep them seruily at home so as my selfe in Saxony haue seene many wiues of honest condition and good estate to dresse meat in the kitchen and scarce once in the weeke to eate with their husbands but apart with the maides and after the meale to come and take away their husbands table and if they came to sit with him at table yet to sit downe at the lower end at least vnder all the men My selfe haue seene husbands of like quality to chide their wiues bitterly till they wept abundantly and the same wiues of good ranke very soone after to bring a chaire to the husband and serue him with a trencher and other necessaries The men being inuited to friends houses or any solemne feasts neuer goe in company with their wiues who goe alone with their faces couered It is no nouelty for a husband to giue a box on the eare to his wife And they scoffe at the Law in Nurnberg wich fines the husband three or foure Dollers for striking his wife as a most vniust Law It is ridiculous to see the wiues of German foote-soldiers going to the warre laded with burthens like she-Asses while the men carry not so much as their own clokes but cast them also vpon the womens shoulders And I should hardly beleeue that the Germans can loue their wiues since loue is gained by louelinesse as the Poet saith vt ameris amabilis esto He that for loue doth thirst Let him be louing first But they while they commaund all things imperiously in the meane time neither for dulnes court them with any pleasant speech nor in curtesie grace them in publike so much as with a kisse It is a common saying Dotem accepi Imperium vendidi I tooke a Dowry with my Wife And lost the freedome of my life But howsoeuer the Germans haue great Dowries in marriage and their Wiues haue power to make a Testament for disposing their goods with many like priuiledges and howsoeuer they be also prouoked with these iniuries yet the men keep them within termes of duty May not we then iustly maruell that Englishmen hauing great power ouer their Wiues so as they can neither giue any thing in life nor haue power to make a will at death nor can call any thing their owne no not so much is their garters yea the Law I must confesse too seuerely permitting the Husband in some cases to beate his Wife and yet the Husbands notwithstanding all their priuiledges vsing their Wiues with all respect and giuing them the cheefe seates with all honours and preheminences so as for the most part they would carry burthens goe on foote fast and suffer any thing so their Wiues might haue ease ride feast and suffer nothing notwithstanding no people in the World that euer I did see beare more scornes indignities and iniuries from the pampered sort of Women then they doe Surely either these our Women want the modesty of the Wiues or else our Men haue not I will not say the seuerity which I lesse approue but rather the grauity and constancy of the Husbands in Germany But while the Germans thus vse their Wiues like Seruants they behaue themselues as Companions towards their Seruants who bring in meate to the Table with their heads couered and continually talke with their Masters without any reuerence of the cap or like duty The Germans are neither too indulgent nor too sterne to their sonnes and daughters yet they giue them no tender education but as they bring their children naked into the hot stoaues so they expose them naked to frost and snow Neither doe they exact any humility or respect from their children who in all places are familiar with their Parents neuer stir their hats when they speak to them when they goe to bed they aske not blessing on their knees as our children doe but shake hands with them which is a signe of familiarity among friends in Germany as in most other places A Gentleman