also we do reiect women as those whom nature hath made to keepe home and to nourish their familie and children and not to medle with matters abroade nor to beare office in a citie or common wealth no more than children and infantes except it be in such cases as the authoritie is annexed to the blood and progenie as the crowne a dutchie or an erledome for there the blood is respected not the age nor y e sexe Whereby an absolute Quéene an absolute Dutches or Countesse those I call absolute which haue the name not by being maried to a king duke or erle but by being the true right next successors in the dignitie and vpon whom by right of the blood that title is descended These I say haue the same authoritie although they be women or children in that kingdome dutchie or earledome as they shoulde haue had if they had bin men of full age For the right and honour of the blood and the quietnes and suertie of the realme is more to be considered than either the tender age as yet impotent to rule or the sexe not accustomed otherwise to intermeddle with publicke affaires being by common intendment vnderstood that such personages neuer do lacke the counsell of such graue and discreete men as be able to supplie all other defectes This as I sayde is not enough But the diuision of these which be participant of the common wealth is one way of them that beare office the other of them that beare none the first are called magistrates the second priuate men Another the like was among the Romanes of Partricij plebei thone striuing with thother a long time the patricij many yeares excluding the plebes from bearing rule vntill at last all magistrates were made cōmon betweene thē yet was there another diuision of the Romanes into senatores equites and plebs the Greekes had also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Frēch haue also at this day les nobles la populare or gentils homes villaines we in England diuide our men commonly into foure fortes gentlemen citizens and yeomen artificers and laborers Of gentlemen the first and chiefe are the king the prince dukes marquises earles vicountes barrons and these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the nobility and all these are called Lords and noblemen next to these be knights esquiers and simple gentlemen Of the first part of gentlemen of englande called Nobilitas maior CHAP. 17. DUkes marquises erles vicountes and barrons either be created by the prince or come to that honor by being the eldest sonnes as highest next in succession to their parentes For the eldest of dukes sonnes during his fathers lyfe is called an earle an earles sonne is called by the name of a vicount or baron or else according as the creation is The creation I cal the first donation and condition of the honour giuen by the prince for good seruice done by him and aduauncement that the prince will bestowe vpon him which with the title of that honour is commonly but not alwayes giuen to him and to his heires males only the rest of the sonnes of the nobilitie by the rigor of the lawe be but esquiers yet in common speeche all dukes and marquises sonnes and the eldest sonne of an earle be called Lordes The which name commonly doth agree to none of lower degree than barrons excepting such onely as be thereunto by some speciall office called The barrony or degree of Lordes doth answere to the dignitie of the Senators of Rome and the title of our nobilitie to their patricij when patricij did betoken senatores aut senatorum filios Census senatorius was in Rome at diuerse times diuerse and in Englande no man is created barron excepte he may dispend of yearly reuenue one thousand poundes or one thousand markes at the least Vicountes earles marquises and dukes more according to the proportion of the degree and honour but though by chaunce he or his sonne haue lesse he keepeth his degree but if they decay by excesse and be not able to maintaine the honour as senatores Romani were amoti senatu so sometimes they are not admitted to the vpper house in the parliament although they keepe the name of Lorde still Of the second sort of gentlemē which may be called Nobilitas minor first of knightes CHAP. 18. NO man is a knight by succession not the king or prince And the name of prince in england 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 betokeneth the kinges eldest sonne or prince of wales although the king himselfe his eldest sonne and all dukes be called by generall name princes But as in Fraunce the kinges eldest sonne hath the title of the daulphine and he or the next heire apparant to the crowne is monsire so in Englande the kinges eldest sonne is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the prince Knightes therefore be not borne but made either before the battle to encourage them the more to aduenture their liues or after the conflict as aduauncement for their hardinesse and manhood alreadie shewed or out of the warre for some great seruice done or some good hope through the vertues which do appeare in them And they are made either by the king himselfe or by his commission and royall authoritie giuen for the same purpose or by his liuetenaunt in the warres who hath his royall and absolute power committed to him for that time And that order seemeth to aunswere in part to that which the Romanes called Equites Romanos differing in some pointes and agreeing in other as their commō wealth and ours do differ and agree for neuer in all pointes one common wealth doth agree with an other no nor long time any one common wealth with it selfe For al chaungeth continually to more or lesse and still to diuerse diuerse orders as the diuersity of times do present occasion and the mutabilitie of mens wittes doth inuent and assay new wayes to reforme and amende that werein they do finde fault Equites Romani were chosen ex censu y e is according to their substance and riches So be knightes in England most commonly according to the yearely reuenew of their landes being able to maintaine that estate yet all they that had Equestrem censum non legebantur equites No more are all made knightes in Englande that may dispende a knightes land or fee but they onely whom the king wil so honour The number of Equites was vncertaine and so it is of knightes at the pleasure of the prince Equites Romani had equum publicum The knightes of England haue not so but finde their own horse themselues in peace time and most vsually in warres Census equester was among the Romanes at dinerse times of diuerse valew but in England whosoeuer may dispende of his free landes 40. l. sterling of yearely reuenue by an olde law of Englande either at the coronatiō of the king or mariage of his daughter or at the
haue no externe seruice wherewith to occupie their buisie heads handes accustomed to fight and quarell must néedes séeke quarels and contentions amongest themselues and become so readie to oppresse right among their neighbours as they were woont before with praise of manhoode to be in resisting iniurie offered by their enemies So that our nation vsed hereunto vpon that more insolent at home and not easie to be gouerned by Lawe and politike order men of power beginning many fraies and the stronger by factions and parties offering too much iuiurie to the weaker were occasions of making good Lawes First of reteiners that no man should haue aboue a number in his Liuerie or retinue then of the enquirie of routs and riots at euerie Sessions and of the lawe whereby it is prouided that if any by force or by riot enter vpon any possessions the Iustices of the peace shal assemble themselues remooue the force within certain time enquire thereof And further because such things are not commonlie done by meane men but by such as be of power force be not to be dealt withal of euerie man nor of meane Gentlemen if the riot be found certified to the Kings Counsell or if otherwise it be complained of the partie is sent for and he must appeare in this starre chamber where séeing except the presence of the Prince onely as it were the maiestie of the whole Realme before him being neuer so stoute he will be abashed and being called to aunswere as he must come of what degrée soeuer he be he shall be so charged with such grauitie with such reason remonstrance and of those chiefe personages of Englande one after an other handeling him on that sort that what courage soever he hath his heart will fall to the grounde and so much the more when if he make not his aunswere the better as seldome he can in so open violence he shalbe commaunded to the Fléete where he shall be kept in prison in such sort as these Iudges shall appoint him lie there till he be wearie aswell of the restraint of his libertie as of the great expences which he must there sustaine and for a time be forgotten whiles after long suite of his friendes he will be glad to be ordered by reason Sometime as his deserts be he payeth a great fine to the Prince besides great costs and dammages to the partie and yet the matter wherefore he attempteth this riot and violence is remitted to the common lawe For that is the effect of this Court to bridle such stoute noble men or Gentlemen which would offer wrong by force to any manner men and cannot be content to demaund or defend the right by order of lawe This court began long before but tooke great augmentation and authoritie at that time that Cardinall Wolsey Archebishop of Yorke was Chauncellor of Englande who of some was thought to haue first deuised y ◠Court because that he after some intermission by negligence of time augmented the authoritie of it which was at that time maruellous necessary to doe to represse the insolencie of the noble men and gentlemen of the North partes of Englande who being farre from the King and the seate of iustice made almost as it were an ordinarie warre among themselues and made their force their Lawe banding themselues with their tenaunts and seruauts to doe or reuenge iniurie one against an other as they listed This thing séemed not supportable to the noble prince King Henrie the eight and sending for them one after an other to his Court to aunswere before the persons before named after they had had remonstrance shewed them of their euill demeanor and béene well disciplined as well by words as by fléeting a while and thereby their purse and courage somwhat asswaged they began to range themselues in order and to vnderstand that they had a Prince who would rule his subiects by his lawes and obedience Sith that time this court hath béene in more estimation and is continued to this day in manner as I haue saide before Of the Courts of Wards and Liueries CHAP. 5. HE whom we call a ward in Englande is called in Latine pupillus and in Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The gardian is called in Latine tutor in Gréeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A warde or infant is taken for a childe in base age whose father is dead The Romanes made two distinctions pupillum minorem the one to xiiii yere old the other was accounted from thence to xxv And as pupillus had tutorem so minor had curatorem til he came to the age of xxv These tutors or curators were accountable for the reuenues of the pupils minors lands great prouision and many lawes and orders is made for them in the bookes of the ciuil Lawe for rendering iust true accounts So that to be a gardian or tutor was accounted among them to be a charge or trouble a thing subiect to much encumbraunce and small profite so that diuerse meanes were sought for to excuse men from it With vs this is cleane contrarie for it is reckoned a profite to haue a warde For the Lorde of whom the warde doeth hold the land so soone as by the death of the father the childe falleth warde vnto him he seaseth vpon the body of the ward and his landes of which so that he doeth nourish the ward he taketh the profite without accounts and beside that offering to his ward couenable mariage without dispergement before the age of xxl. yeres if it be a man or xiiii if it be a woman If the ward refuse to take that mariage he or she must pay the value of the mariage which is commonly rated according to the profite of his landes All this while I speake of that which is called in French garde noble that is of such as holde lands of other by knight seruice for that is an other kinde of seruice which we call in Frenche gard returier we call it gard in socage that is of such as doe not holde by knight seruice but by tenure of the plough This wardship falleth to him who is next of the kinne and cannot inherite the land of the warde as the vncle by the mothers side if the land doe discend by the father and of the fathers side if the lande discend by the mother This gardian is accountable for the reuenues and profites of the land as the tutor by the ciuill Lawe to the warde or pupill so soone as he is of full age The man is not out of wardshippe by our lawe till xxj yere olde from thence he is reckoned of full age aswell as in the Romane lawes at xxv The woman at xiiij is out of warde for shée may haue an husband able to doe knightes seruice say our bookes And because our wiues be in the power as I shall tell you hereafter of their husbands it is no reason she should be in
to giue life and the last and highest commaundement the Baronie for the nobilitie and higher the knightes esquiers gentlemen and commons for the lower part of the common wealth the bishoppes for the clergie bee present to aduertise consult and shew what is good and necessarie for the common wealth and to consult together and vpon mature deliberation euerie bill or lawe being thrise reade and disputed vppon in either house the other two partes first each a part and after the Prince himselfe in presence of both the parties doeth consent vnto and alloweth That is the Princes and whole realmes déede whereupon iustlie no man can complaine but must accommodate himselfe to finde it good and obey it That which is doone by this consent is called firme stable and sanctum and is taken for lawe The Parliament abrogateth olde lawes maketh newe giueth orders for thinges past and for thinges héereafter to be followed changeth rightes and possessions of priuate men legittimateth bastards establisheth formes of religion altereth weightes and measures giueth formes of succession to the crowne defineth of doubtfull rightes whereof is no lawe alreadie mads appointeth subsidies tailes taxes and impositions giueth most frée pardons and absolutions restoreth in bloud and name as the highest court condemneth or absolueth them whom the Prince will put to that triall And to be short all that euer the people of Rome might do either in Centuriatis comitijs or tributis the same may be doone by the parliament of Englande which representeth hath the power of the whole realme both the head and the bodie For euerie Englishman is entended to bee there present either in person or by procuration and attornies of what preheminence state dignitie or qualitie soeuer he be from the Prince be he King or Quéene to the lowest person of Englande And the consent of the Parliament is taken to be euerie mans consent The forme of holding the parliament CHAP. 2. THe Prince sendeth forth his rescripts or writtes to euery duke marques baron and euery other Lorde temporall or spirituall who hath voice in the parliament to be at his great counsell of Parliament such a day the space from the date of the writ is commonly at the least fortie dayes he sendeth also writtes to the Sherifes of euery shyre to admonish the whole shire to choose two knightes of the parliament in the name of the shyre to heare and reason and to giue their aduise and consent in the name of the shyre and to be present at that day likewise to euery citie and towne which of ancientie hath bin wont to finde burgesses of the parliament so to make election that they might be present there at the first day of the parliament The knightes of the shyre be chosen by all the gentlemen and yeomen of the shyre present at the day assigned for the election the voice of any absent can be counted for none Yeomen I call here as before that may dispende at the least xl s. of yearely rent of free lande of his owne These meeting at one day the two who haue the more of their voices be chosen knightes of the shire for that parliament likewise by the pluralitie of the voyces of the citizens and burgesses be the burgesses elected The first day of the parliament the Prince and all the Lordes in their robes of parliament do meete in the higher house where after prayers made they that be present are written and they that be absent vpon sicknes or some other reasonable cause which the prince will allowe do constitute vnder their hande and seale some one of those who be present as their procurer or atturney to giue voice for them so that by presence or atturney proxey they be all there all the princes and barrons all archbishops and bishops and when abbots were so many abbots as had voice in parliament The place where the assembly is is richly tapessed and hanged a princely and royal throne as appertaineth to a king set in the middest of the higher place thereof Next vnder the prince sitteth the Chancellor who is the voyce and orator of the prince On the one side of that house or chamber sitteth the archbishops and bishops ech in his ranke on the other side the dukes and barons In the middest thereof vppon woolsackes sitteth the Iudges of the realme the master of the roules and the secretaries of estate But these that sit on the woolsacks haue no voice in the house but onely sit there to aunswere their knowledge in the law when they be asked if any doubt arise among the Lordes The secretaries to aunswere of such letters or thinges passed in counsell whereof they haue the custodie and knowledge and this is called the vpper house whose consent and dissent is giuen by ech man seuerally and by himselfe first for himselfe and then seuerally for so many as he hath letters and proxies when it commeth to the question saying onely content or not content without further reasoning or replying In this meane time the knights of the shires and burgesses of the parliament for so they are called that haue voice in parliamēt and are chosen as I haue said before to the number betwixt iii C. and iiii C. are called by such as it pleaseth the prince to appoint into another great house or chamber by name to which they aunswere and declaring for what shyre or towne they aunswere then they are willed to choose an able discreete man to be as it were the mouth of them all to speake for and in the name of them and to present him so chosen by them to the prince which done they comming al with him to a barre which is at the nether ende of the vpper house there he first praiseth the prince then maketh his excuse of vnabilitie and prayeth the prince that he would command the commons to choose another The chancellor in the princes name doth so much declare him able as he did declare himselfe vnable and thanketh the commons for choosing so wise discreete and eloquent a man and willeth them to go and consult of lawes for the cōmon wealth Then the speaker maketh certaine requests to the prince in the name of the commons first that his maiestie would be contēt that they may vse and enioy all their liberties and priuiledges that the common house was wont to enioy Secondly that they might franckely and freely saye their mindes in disputing of such matters as may come in question and that without offence to his Maiestie Thirdly that if any should chaunce of that lower house to offend or not to do or say as should become him or if any should offend any of them being called to that his highnes court That they thēselues might according to the ancient custome haue the punishment of them And fourthly that if there came any doubt whereupon they shal desire to haue thaduise or conference with his Maiestie or with any of the Lordes
two diuerse gards Many men doe estéeme this wardship by knightes seruice very vnreasonable and vniust and contrarie to nature that a Fréeman and Gentleman should be bought and solde like an horse or an oxe and so change gardians as masters and lordes at whose gouernement not onely his bodie but his landes and his houses should be to be wasted and spent without accounts and then to marie at the will of him who is his naturall Lorde or his will who hath bought him to such as he like not peraduenture or else to pay so great a ransom This is the occasion they say why many gentlemen be so euil brought vp touching vertue and learning and but onely in deintinesse and pleasure and why they be maried very young and before they bee wife and many times do not greatly loue their wiues For when the father is dead who hath the natural care of his childe not the mother nor the vnckle nor the next of kinne who by all reason would haue most naturall care to the bringing vp of the infant and minor but the Lorde of whom he holdeth his land in knights seruice be it the King or Quéene Duke Marquesse or any other hath the gouernement of his bodie and mariage or else who that bought him at the first second or thirde hande The Prince as hauing so many must néedes giue or sell his wardes away to other and so he doeth Other doe but séeke which way they may make most aduauntage of him as of an oxe or other beast These all say they haue no naturall care of the infant but of their owne gaine and especially the buyer will not suffer his warde to take any great paines either in studie or any other hardenesse least he should be sicke and die before he hath maried his daughter sister or cousin for whose sake he bought him and then all his money which he paide for him should be lost So he who had a father which kept a good house and had all things in order to maintaine it shall come to his owne after he is out of wardshippe woods decayed houses fallen downe stocke wasted and gone land let foorth and plowed to the baren and to make amends shall pay yet one yeres rent for reliefe and sue ouster le maind beside other charges so that not of manie yeres and peraduenture neuer he shall be able to recouer and come to the estate where his father left it This as it is thought was first graunted vpon a great extremitie to King Henrie the 3. for a time vpon the warre which he had with his Barons and afterward increased and multiplied to more and more persons and grieuances and will be the decay of the nobilitie and libertie of England Other againe say the ward hath no wrong For eyther his father purchased the lande or it did discend vnto him from his auncesters with this charge And because he holdeth by knightes seruice which is in armes and defence séeing that by age he cannot doe that whereto hee is bound by his lande it is reason he aunswere that profite to the Lorde whereby he may haue as able a man to doe the seruice The first knights in Rome those that were chosen equites Romani had equum publicum on which they serued and that was at the charge of widowes and wards as appeareth by Titus Liuius because that those persons could not doe bodilie seruice to the common wealth Wherfore this is no newe thing but thought reasonable in that most wise common wealth and to the prudent King Seruius Tullius As for the education of our common wealth it was at the first militaire and almost in all things the scope and deseigne thereof is militaire Yet was it thought most like that noble men good knights and great captaines would bring up their wards in their owne feates and vertues and then mary them into like rase and stocke where they may finde and make friendes who can better looke to the education or better skill of of the bringing vp of a gentleman than he who for his higher nobilitie hath such a one to holde of him by knights seruice or would doe it better than he that looketh or may claime such seruice of his ward when age and yeres will make him able to doe it That which is saide that this maner of wardship began in the time of King Henrie the 3. cannot séeme true For in Normandie and other places of Fraunce the same order is And that statute made in King Henrie the thirds time touching wards to him that will wey it wel may séeme rather a qualification of that matter and an argument that the fashion of wardship was long before but of this matter an other time shall be more conuenient to dispute This may suffice to declare the maner of it Of VViues and mariages CHAP. 6. THe wiues in Englande be as I saide in potestate maritorum not that the husbande hath vitae ac necis potestatem as the Romans had in the olde time of their children for that is onely in the power of the Prince and his lawes as I haue saide before but that whatsoever they haue before mariage as soone as mariage is solemnished is their husbandes I meane of money plate iuelles cattaile and generally all moueables For as for lande and heritage followeth the succession and is ordered by the lawe as I shall say héereafter and what soever they gette after mariage they get to their husbands They neither can giue nor sell anie thing either of their husbandes or their owne Theirs no moueable thing is by the law of England constanti matrimonio but as peculium serui aut filijfamilias and yet in moueables at the death of her husbande she can claime nothing but according as hee shall will by his Testament no more than his sonne can all the rest is in the disposition of the executors if he die testate Yet in London and other great cities they haue that lawe and custome that when a man dieth his goods be diuided into thrée partes One thirde is imployed vppon the buriall and the bequestes which the testator maketh in his testament An other thirde part the wife hath as her right and the thirde third part is the dewe and right of his children equally to be diuided among them So that a man there can make testament but of one thirde of his goods if he die interstate the funerals deducted the goods be equally diuided betwéene the wife and the children By the common lawe of Englande if a man die intestate the Ordinarie which is the Bishoppe by common intendment sometime the Archdeacon Dean or Prebendarie by preuiledge and prescription doeth commit the administration of the goods to the widowe or the child or next kinsman of the dead appointing out portions to such as naturally it belongeth vnto and the Ordinarie by cōmon vnderstanding hath such grauitie and discretion as shalbe méete for so absolute an authoritie
baptisme did find so it did leaue them for it chaungeth not ciuill lawes nor compactes amongest men which be not contrarie to Gods lawes but rather maintaineth them by obedience Which séeing men of good conscience hauing that scruple whereof I wrote before haue by litle and litle found meanes to haue and obtaine the profit of seruitude and bondage which gentilitie did vse and is vsed to this day amongest Christians on the one part and Turkes and Gentils on the other part wheÌ„ warre is betwixt them vpon those whoÌ„ they take in battaile Turkes and Gentiles I call them which vsing not our lawe the one beléeueth in one God the other in many gods of whom they make Images For the lawe of Iewes is well ynough knowen at this day so farre as I can learne amongst all people Iewes be holden as it were in a common seruitude and haue no rule nor dominion as their own prophesies doe tell that they should not haue after that Christ was promised to them was of them refused for when they would not acknowledge him obstinatly for taking their helpe in soule for the life to come and honour in this worlde for the time present not taking the good tidinges newes and euangill brought to them for their disobedience by the great grace of God and by the promise of the Prophets â—ructified in vs which be Gentils and brought forth this humanitie gentlenes honour and godly knowledge which is seene at this present But to returne to the purpose This perswasioÌ„ I say of Christians not to make nor kéepe his brother in Christ seruile bond and vnderling for euer vnto him as a beast rather than as a man and the humanitie which the Christian religion doth teache hath engendered through Realmes not néere to Turkes and Barbarians a doubt a conscience and scruple to haue seruants and bondmen yet necessitie on both sides of the one to haue helpe on the other to haue seruice hath kept a figure or fashion thereof So that some would not haue bondmen but ascripticij glebae and villaines regardant to the ground to the intent their seruice might be furnished and that the countrie being euill vnwholsome and other wise barren should not be desolate Others afterwardes found out the wayes and meanes that not the men but the land should be bound and bring with it such bondage and seruice to him that occupieth it as to carie the Lordes dung vnto the fieldes to plough his ground at certaine daies sowe reape come to his Court sweare faith vnto him and in the ende to holde the lande but by copie of the Lords court rolle and at the will of the Lord. This tenure is called also in our lawe villaine bonde or seruile tenure yet to consider more déepely all lande euen that which is called most frée lande hath a bondage annexed vnto it not as naturally the lower ground must suffer and receiue the water and filth which falleth from the higher ground nor such as Iustinian speaketh of de seruitudinibus praediorum rusticorum vrbanorum but the lande doeth bring a certaine kind of seruitude to the prossessor For no man holdeth land simply frée in Englande but he or she that holdeth the Crowne of Englande all others holde their land in fée that is vpon a faith or trust and some seruice to be done to an other Lorde of a mannor as his superior and he againe of an higher Lorde till it come to the Prince him that holdeth the Crowne So that if a man die and it be found that he hath land which he holdeth but of whom no man can tell this is vnderstoode to be holden of the Crowne and in capitie which is much like to knights seruice and draweth vnto it thrée seruices homage ward and mariage That is he shall sweare to be his man and to be true vnto him of whom he holdeth the lande His sonne who holdeth the land after the death of his father shall be maried where it pleaseth the Lorde He that holdeth the lande most freely of a temporall man for franke almose and franke mariage hath an other cause and nature holdeth by fealtie onely which is he shal sweare to be true to the Lorde and doe such seruice as appertaineth for the land which he holdeth of the Lord. So that all frée lande in Englande is holden in fée or feodo which is asmuch to say as in fide or fiducia That is in trust and confidence that he shall be true to the Lorde of whom he holdeth it pay such rents doe such seruice and obserue such conditions as was annexed to the first donation Thus all sauing the Prince be not viri domini but rather fiduciary domini possessores This is a more likely interpretation than that which Litleton doeth put in his booke who saith that feodum idem est quod haereditas which it doeth betoken in no language This hapneth many times to them who be of great witte and learning yet not séene in many tongues or marketh not the deduction of wordes which time doth alter Fides in Latine the Gothes comming into Italie and corrupting the language was turned first into fede and at this day in Italie they will say in fide en fede or ala fe And some vncunning Lawâ—ers that would make a newe barbarous latine worde to betoken lande giuen in fidem or as the Italian saith in fede or fe made it in feudum or feodum The nature of the worde appeareth more euident in those which we call to fef feof or feoffees the one be fiduciary possessores or fidei commissarij the other is dare in fiduciam or fidei commissum or more latinely fidei committere The same Litleton was as much deceiued in withernam diuerse other olde wordes This withernam he interpreteth vetitum nauium in what language I knowe not whereas in trueth it is in plaine Dutche and in our olde Saxon language wyther nempt alterum accipere iterum rapere a worde that betokeneth that which in barbarous Latine is called represalia when one taking of me a distresse which in Latine is called pignus or any other thing and carying it away out of the iurisdiction wherein I dwell I take by order of him that hath iurisdiction an other of him againe or of some other of that iurisdiction and doe bring it into the iurisdiction wherein I dwell that by equal wrong I may come to haue equall right The manner of represalia and that we call withernam is not altogether one But the nature of them both is as I haue described and the proper signification of the words doe not much differ But to returne thither where we did digresse ye see that where the persons be frée and the bodies at full libertie and maximè ingenui yet by annexing a condition to the lande there is meanes to bring the owners and possessors thereof into a certaine seruitude or rather libertinitie That the tenaunts beside
dubbing of the prince knight or some such great occasion may be by the king compelled to take that order honour or to pay a fine which many not so desirous of honour as of riches had rather disburse Some who for causes ar not thought worthy of y e honor and yet haue abilitie neither be made knightes though they would and yet pay the fine Xl. l. sterling at that time when this order began maketh now Cxx. l. of currant mony of Englande as I haue more at large declared in my booke of the diuersitie of standardes or the valor of monies When the Romanes did write senatus populusque Romanus they seemed to make but two orders that is of the Senate and of the people of Rome and so in the name of people they contayned equites and plebem so when we in England do say the Lordes and the commons the knights esquires other gentlemen with citizens burgeses yeomen be accompted to make the commons In ordaining of lawes the senate of Lordes of England is one house where the Archbishoppes and Bishops also be and the king or Queene for the time being as chiefe the knightes and all the rest of the gentlemē citizens and burgeses which be admitted to consult vpon the greatest affaires of the Realme be in an other house by themselues and that is called the house of the commons as we shal more clearely describe whē we speake of the parliament Whereupon this worde knight is deriued and whether it do betoken no more but that which miles doth in latine which is a souldier might be moued as a question The word souldier now seemeth rather to come of sould and paymēt and more to betoken a waged or hyred man to fight than otherwise yet Caesar in his Commentaries called soldures in the tongue gallois men who deuoted swore themselues in a certaine band or othe one to another and to the captaine which order if the Almains did follow it may be that they who were not hyred but being of the nation vppon their owne charges and for their aduauncement and by such common oth or band that did follow the warres were possibly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called knightes or milites and nowe among the Almaines some are called lanceknights as souldiers of their band not hyred although at this day they be for the most part hirelings Or peraduenture it may be that they which were next about the prince as his garde or seruauntes picked or chosen men out of the rest being called in the Almaine language knighten which is asmuch to say as seruantes these men being found of good seruice the word afterward was taken for an honor and for him who maketh profession of armes Our language is so chaunged that I dare make no iudgement thereof Now we call him knight in english that the french calleth cheualier and the lataine equitem or equestris ordinis And when any man is made a knight he kneeling downe is stroken of the prince with his sworde naked vppon the backe or shoulder the prince saying sus or sois chiualier au nom de Dieu and in times past they added S. George and at his arising the prince saith auauncèr This is the manner of dubbing of knights at this present and that terme dubbing was the olde terme in this point and not creation At the coronation of a king or queene there be knightes of the bath made with long and more curious ceremonies But howsoeuer one by dubbed or made a knight his wife is by and by called a Ladie as well as a barons wife he himselfe is not called Lorde but hath to his name in common appelation added this syllable Sir as if he before were named Thomas William Iohn or Richard afterward he is alwayes called Sir Thomas Sir William Sir Iohn Sir Richard and that is the title which men giue to knightes in England This may suffice at this time to declare the order of knighthood yet there is an other order of knightes in England which be called the knightes of the garter King Edward the third after he had obtained many notable victories King Iohn of Fraunce King Iames of Scotland being both prisoners in the tower of London at one time and king Henrie of Castell the bastard expulsed out of his realme and Don Petro restored vnto it by the prince of Wales and Duke of Aquitaine called the blacke prince inuented a societie of honour and made a choice out of his owne realme and dominions and all Christendom and the best and most excellent renoumed persons in vertues and honour he did adorne with that title to be knightes of his order gaue them a garter decked with golde pearle and precious stones with the buckle of gold to weare daily on the left legge onely a kirtle gowne cloke chaperon collar and other august and magnificall apparell both of stuffe and fashion exquisite heroicall to weare at high feastes as to so high and princely an order was meete of which order he and his succesors Kinges and Queenes of England to be the soueraigne and the rest by certaine statutes and lawes among themselues be taken as brethren and fellowes in that order to the number of xxvi But because this is rather an ornament of the realme than any policie or gouernment thereof I leaue to speake any further of it Of Esquiers CHAP. 19. EScuier or esquier which we call commonly squire is a French worde and betokeneth Scutigerum or Armigerum and be all those which beare armes as we call them or armories as they terme them in French which to beare is a testimonie of the nobilitie or race from whence they do come These be taken for no distinct order of the common wealth but do goe with the residue of the gentlemen saue that as I take it they be those who beare armes testimonies as I haue saide of their race and therefore haue neither creation nor dubbing or else they were at the first costerels or the bearers of the armes of Lordes or knightes and by that had their name for a dignitie and honour giuen to distinguish them from a common souldier called in latine Gregarius miles Of Gentlemen CHAP. 20. GEntlemen be those whom their blood and race doth make noble and knowne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greeke the Lataines call them all Nobiles as the French Nobles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Nobilitas in Latine is defined honour or title giuen for that the auncestor hath bin notable in riches or vertues or in fewer wordes old riches or prowes remaining in one stock Which if the successors do kéepe and follow they be verè nobiles and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if they doe not yet the same and wealth of their auncestors serue to couer thē so long as it can as a thing once gilted though it be copper within till the gilt be worne away This hath his reason for the Etimologie of the name