euidence or too much fauour in the countrey and power of the aduersarie there is in our countrey as well as theirs both stopping and prolongation of Iustice. For what will not busie heades and louers of trouble neuer being satisfied inuent in any countrey to haue their desire which is to vex their neighbours and to liue alwaies in disquiet Men euen permitted of God like flies and lise and other vermine to disquiet them who would imploie themselues vpon better businesse and more necessarie for the common wealth these men are hated and feared of their neighbours loued and aided of them which gaine by proces and waxe fatte by the expence trouble of other But as these men ordinarily spende their owne thrift and make others against their wils to spende theirs so sometime being throughly knowen they do not onely liue by the losse like euill husbandes but beside rebuke shame by the equitie of the Prince and courtes soueraigne they come to be extraordinarily punished both corporally by their purse which thing in my minde is as royall and princely an act and so beneficiall to the commonwealth as in so small a matter a King or a Quéene can doe for the repose and good education of their subiectes Of that which in England is called appeale in other places accusation CHAP. 3. IF any man hath killed my father my sonne my wife my brother or next kinsman I haue choice to cause him to be endicted by giuing information to the enquest of enquirie although he chaunce to escape the Constable or Iustices handes and therefore not to be apprehended and thereupon to procure him to be outlawed or else within a yéere and a day I may enter my appeale that is mine accusation against him If I begun first to pursue him by information or denunciation to enditement I am nowe no partie but the Prince who for his duetie to God and his common wealth and subiects must sée iustice executed against all malefactors offenders against the peace which is called Gods and his doeth in such maner as I haue saide before If I leaue that and will appeale which is profer my accusation against him who hath doone to me this iniurie the defendant hath this aduauntage to put himselfe to the Iurie which is to that which before is saide to haue that issue and triall by God and his countrie whereof the fashion I haue at large declared or to demaund the triall by battle wherein both the parties must eyther themselues in person or else finde other for them who be called in our Law Champions or Campions some doeth interprete them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they be men chosen fat lustie fit to the feate or as the Frenche doe terme them adroicts aux armes which shall fight it out by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or as now they doe call it duellum or the campe which shall haue all things equall but according as Mars giueth the victorie so the Lawe is iudged the one as peractus reus the other is calumniator to suffer the paine of death So that by the great assise there is no appellation but death or life to the defendant but this is more daungerous and equall for the one or the other must die So it is not in the grande assise for the reus or defendaunt is onely in daunger of death Short it is from day to sunne set the quarell is ended or sooner who hath the better fortune This seemeth very militarie as in maner all our policie of Englande and to haue as small to doe with Lawyers as with Phisitions quicklie to dispatche and for the rest to returne eche man to his buisinesse to serue the common wealth in his vocation The Popes of Rome and men of the Church who of long time haue had dominion in our consciences and would bring things to a more moderation haue much detected this kinde of triall and iudgement as reason is euerie man misliketh that which is not like to his education and colde reasoning by Theologie and Philosophie they I say much mislike many things doone necessarily in whot policie At the least a common wealth militarie must aduenture many things to kéepe it in quiet which cannot séeme to precisely good to them which dispute thereof in the shadowe and in their studies Howsoeuer it be this kinde of triall of long time hath not béene vsed So that at this time we may rather séeke the experience of it out of our histories of time passed than of any viewe or sight thereof of them which are nowe aliue Neverthelesse the Lawe remaineth still and is not abolished and if it shall chaunce the murtherer or mansleer the one we call him that lyeth in waite and as they terme it in Frenche de guet appendaunt killeth the man the other who by casuall falling out and sodaine debate and choller doeth the same which way soeuer it be doone if he that hath slaine the man hath his pardon of the prince as occasion or the fauour of the Prince may so present y ◠he may haue it yet the partie grieued hath these two remedies I say to require iustice by grand assise or battle vpon his appeale priuate reuenge which is not denyed him And if the defendant either by great assise or by battle be conuinced vpon that appeale he shall die notwithstanding the Princes pardon So much fauourable our Princes be and the lawe of our Realme to iustice and to the punishment of blood violently shed Of the Court of Starre Chamber CHAP. 4. THere is yet in Englande an other court of the which that I can vnderstand there is not the like in any other Countrie In the Terme time the Terme time as I haue heretofore shewed I call the time and those daies when the Lawe is exercised in Westminster hall which as I haue said is but at certaine times and termes every wéeke once at the least which is commonly on Fridaies and Wednesdaies and the next day after that the terme doeth ende the Lorde Chauncellor and the Lordes and other of the priuie Counsell so many as will and other Lordes and Barons which be not of the priuie Counsell and be in the towne and the Iudges of England specially the two chiefe Iudges from ix of the clocke till it be xj doe sit in a place which is called the starre chamber either because it is full of windowes or because at the first all the roofe thereof was decked with images of starres gilted There is plaints heard of riots Riot is called in our English terme or speache where any number is assembled with force to doe any thing and it had the beginning because that our being much accustomed either in foreine wars in Fraunce Scotland or Ireland or being ouermuch exercised with ciuill warres within the Realme which is the fault that falleth ordinarily amongest bellicous nations whereby men of warre Captaines and souldiers become plentifull which when they
and highest for execùtion of such commaundementes according to the lawe as the Iudges do ordaine and this is ynough for the sherife Of the xij men CHAP. 15. OF what manner and order of men in the common welth the xij men be I haue alreadie declared The sherife alwaies warneth xxiiij to appeare least peraduenture any might be sicke or haue a iust cause of absence and if there be not enowe to make an enquest the absentes be amersed For although they be called xii men as a man would say duodecim viri yet if they be xvj xx or the whole number of xxiiij that is no matter xij they must be at the least to make an enquest or as some call it a quest An enquest or quest is called this lawefull kinde of tryall by xii men In actions ciuill which is either of contractes or for lande or possession when so many of those which be warned appeare at the call as be able to make an enquest which as I saide before be no lesse then xii either part when they be come taketh their chalenges against so many of them as they will which be that he may not spende so much lande a yeare he is alied féed or seruant to his aduerse partie he is his enemie c. And two of the whole number doe trie and allowe or disallowe the rest If after exceptions there be so many reiected that there is not a full enquest in some cases that day is lost in some the enquest is filled ex circumstantibus when the quest is ful they be sworne to declare the truth of that issue according to the euidence and their conscience Then the Sergeantes of either side declare the issue and each for his client sayth as much as he can Euidences of writinges be shewed witnesses be sworne hearde before them not after the fashion of the ciuill law but openly that not only the xii but the Iudges the parties and as many as be present may heare what ech witnesse doeth say The aduerse partie or his aduocates which wee call counsellers and sergeants interrogateth sometime the witnesses and driueth them out of countenance Although this may séeme strange to our ciuillians now yet who readeth Cicero and Quintillian well shall sée that there was no other order and maner of examining witnesses or deposing among the Romans in their time When it is thought that it is enough pleaded before them and the witnesses haue saide what they can one of the Iudges with a briefe and pithie recapitulation reciteth to the xii in summe the argumentes of the sergeantes of either side that which the witnesses haue declared and the chiefe pointes of the euidence shewed in writing and once againe putteth them in minde of the issue and sometime giueth it them in writing deliuering to them the euidence which is shewed on either part if any be euidence héere is called writings of contractes autentical after the manner of England that is to say written sealed and deliuered and biddeth them goe together Then there is a baylife charged with them to kéepe them in a chamber not farre off without bread drinke light or fire vntill they be agréed that is till they all agrée vpon one verdite concerning the same issue and vppon one among them who shall speake for them all when they be agreed for it goeth not by the most part but each man must agrée They returne and in so fewe wordes as may be they giue their determination fewe I call vj or vij or viij wordes at the most for commonly the issue is brought so narrow that such number of words may be ynough to affirme or to denie it which doone they are dismissed to goe whither they will The partie with whom they haue given their sentence giueth the enquest their dinner that day most commonly and this is all that they haue for their labour notwithstanding that they come some xx some xxx or xl miles or more to the place where they giue their verdite all the rest is of their owne charge And necessarilie all the whole xij must be of the shire and iiij of them of the hundred where the lande lyeth which is in controuersie or where the partie dwelleth who is the defendant Of parties of Shires called hundreds lathes rapes wapentakes CHAP. 16. AN hundred or lath rape or wapentake be called of the diuisions or partes of shires in diuers countries diuersly named after the manner and language of each countrey For the shires be diuided some into x. xij xiij xvj xx or xxx hundreds more or lesse either that they were at the first C. townes villages in ech hundred and although now they be but xvj xx xxx xl l. lx more or lesse yet it is still called an hundred or else there were but so many at the first as be nowe or a fewe more or lesse and they did finde the king to his warres an hundred able men Lath and rape I take to be names of seruice for that so many townes in old time and in the first pouertie of the Realme did méete together in one day to carrie the Lordes corne into his barne which is called in olde English a Lath. Or that they mette at commaundement of the Lorde to reape his corne Wapentake I suppose came of the Danes or peraduenture of the Saxons For that so manie townes came by their orders then to one place where was taken a mouster of their armour and weapons in which place from them that could not finde sufficient pledges for their good abearing their weapons were taken away weapen or wapen in olde English doe signifie all armes offensiue as sworde dagger speare launce bill bowes arrowes Of the place where the monsters were taken or where the saide seruices were doone the hundreds Lathes Rapes and wapentakes had and haue yet their names which be most commonly good townes and it is to be thought at the first they were all such But sometime nowe in places whereof the hundred hath the name no mention nor memorie of a towne remaineth such mutation time bringeth with it of all thinges A hundred hath one or two high Constables who hath some authoritie ouer all the lower and particular Constables Those high Constables bee made by the Iustices of the peace of the shire and each hundred hath his baylife who is made by the Lorde if any hath that libertie or else by the sherife of the shire for the time being Of the court Baron CHAP. 17. IT may appeare strange that of xxxvj shires whereof each shire is diuided into diuers hundreds each hundred containing diuerse parishes all pleading should be but in one place that is in Westminster hall and that but in certaine times of the yeare making little more than one quarter of the yeare in the whole And one would thinke y e there should be much lacke of Iustice right and much wrong taken without redresse But it is not
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
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
both their owne liuing and parte of their maisters by these meanes doe come to such wealth that they are able and daily doe buy the landes of vnthriftie gentlemen and after setting their sonnes to the schoole at the Uniuersities to the lawe of the Realme or otherwise leauing them sufficient landes whereon they may liue without labour doe make their saide sonnes by those meanes gentlemen These be not called masters for that as I saide pertaineth to gentlemen onely But to their surnames men adde goodman as if the Surname be Luter Finch White Browne they are called goodman Luter goodman White goodman Finch goodman Browne amongest their neighbours I meane not in matters of importance or in lawe But in matters of lawe and for distinction if one were a knight they would write him for example sake sir Iohn Finch knight so if he be an esquier Iohn Finch esquier or gentleman if he be no gentleman Iohn Finch yeoman For amongest the gentlemen they which claime no higher degrée and yet be to be exempted out of the number of the lowest sort thereof be written esquiers So amongest the husbandmen labourers lowest and rascall sort of the people such as be exempted out of the number of the rascabilitie of the popular bee called and written yeomen as in the degrée next vnto gentlemen These are they which olde Cato calleth Aratores and optimos ciues in Republica and such as of whom the writers of cōmon wealthes praise to haue manie in it Aristoteles namely reciteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 these tende their owne businesse come not to meddle in publike matters and iudgements but when they are called and gladde when they are delivered thereof are obedient to the gentlemen and rulers and in warre can abide trauaile and labour as men vsed to it yet within it soone at an ende that they might come home liue of their owne When they are foorth they fight for their Lordes of whom they hold their landes for their wiues and children for their countrey and nation for praise and honour against they come home and to haue the loue of their Lorde and his children to be continued towardes them and their children which have aduentured their liues to and with him and his These are they which in the old world gat that honour to Englande not that either for witte conduction or for power they are or were euer to be compared to the gentlemen but because they be so manie in number so obedient at the Lordes call so strong of bodie so heard to endure paine so couragious to aduenture with their Lorde or Captaine going with or before them for else they be not hastie nor neuer were as making no prosession of knowledge of warre These were the good archers in times past and the stable troupe of footemen that affaide all France that would rather die all than once abandon the knight or gentleman their Captaine who at those daies commonly was their Lorde and whose tenauntes they were readie besides perpetuall shame to be in danger of vndoing of them selues all theirs if they should showe any signe of cowardise or abandon the Lorde Knight or Gentlemen of whom they helde their liuing And this they haue amongest them from their forefathers tolde one to an other The gentlemen of France and the yeoman of Englande are renowned because in battle of horsemen Fraunce was many times too good for vs as we againe alway for them on foote And gentlemen for the most part be men at armes and horsemen and yeomen commonlie on foote howesoeuer it was yet the gentlemen had alwaies the conduction of the yeomen and as their captaines were either a foote or vppon a little nagge with them and the Kinges of Englande in foughten battles remaining alwaies among the footemen as the French Kinges amongst their horsemen Each Prince therby as a man may gesse did shew where he thought his strength did consist What a yeoman is I haue declared but from whence the worde is deriued it is hard to say it cannot be thought that yeomen should be said a young man for commonly wee doe not call any a yeoman till he be married and haue children and as it were haue authoritie among his neighbours Yonker in lowe dutch betokeneth a meane gentleman or a gay fellowe Possible our yeomen not beeing so bolde as to name themselues gentlemen when they came home were content when they had heard by frequentation with lowe dutchmen of some small gentleman but yet that would be counted so to be called amongest them yonker man the calling so in warres by mockage or in sport thone an other when they come home yonker man and so yeoman which worde now signifieth among vs a man well at ease and hauing honestlie to liue and yet not a gentleman whatsoeuer that worde yonker man yonke man or yeoman doth more or lesse signifie to the dutch men Of the fourth sort of men which doe not rule CHAP. 24. THe fourth sort or classe amongest vs is of those which the olde Romans called capite censij proletarij or operae day labourers poore husbandmen yea marcantes or retailers which haue no frée lande copiholders and all artificers as Taylers Shoomakers Carpenters Brickemakers Bricklayers Masons c. These haue no voice nor authoritie in our common wealth and no account is made of them but onelie to be ruled not to rule other and yet they be not altogether neglected For in cities and corporate townes for default of yeomen enquests and Iuries are impaneled of such manner of people And in villages they be commonly made Churchwardens alecunners and manie times Constables which office toucheth more the common wealth and at the first was not imployed vppon such lowe and base persons Wherefore generally to speake of the common wealth or policie of Englande it is gouerned administred manured by thrée sortes of persons the Prince Monarch and head gouerner which is called the king or if the crowne fall to a woman the Quéene absolute as I haue héeretofore saide In whose name and by whose authoritie all things are administred The gentlemen which be diuided into two partes the Baronie or estate of Lordes conteyning barons and all that bee aboue the degrée of a baron as I haue declared before and those which be no Lords as Knightes Esquires and simplely gentlemen The thirde and last sorte of persons is named the yeomanrie each of these hath his part and administration in indgementes corrections of defaultes in election of offices in appointing and collection of tributes and subsidies or in making lawes as shall appeare héereafter THE SECOND booke Of the Parliament and the authoritie thereof CHAP. 1. THe most high and absolute power of the realme of Englande consisteth in the Parliament For as in warre where the king himselfe in person the nobilitie the rest of the gentilitie and the yeomanrie are is y e force and power of Englande so in peace consultation where the Prince is
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
concerning such a matter say yea Then they which allowe the bill crie yea and as many as wil not say no as the crie of yea or no is bigger so the bill is allowed or dashed If it be a doubt which crie is the bigger they diuide the house the speaker saying as many as doe alowe the bill goe downe with the bill and as many as do not sitte still So they diuide themselues and being so diuided they are numbred who make the more part and so the bill doeth spéede It chaunceth sometime that some part of the bil is allowed some other part hath much contrariety and doubt made of it and it is thought if it were amended it would goe forwarde Then they chuse certaine cōmittees of them who haue spoken with the bil against it to amende it and bring it in againe so amended as they amongest them shall thinke méete and this is before it is engrossed yea some time after But y e agréement of these committees is no preiudice to the house For at the last question they will either accept it or dash it as it shall séeme good notwithstanding y ◠whatsoeuer the committees haue doone Thus no bill is an act of Parliament ordinaunce or edict of law vntill both the houses seuerallie haue agréed vnto it after the order aforesaide no nor then neither But the last day of that Parliament or session the Prince cōmeth in person in his Parliament robes and sitteth in his state all the vpper house sitteth about the Prince in their states and order in their robes The speaker with all the common house commeth to the barre and there after thankesgiuen first in the Lordes name by the Chaunceller c. and in the commons name by the speaker to the Prince for that hee hath so great care of the good gouernement of his people and for calling them together to aduise of such thinges as should be for the reformation establishing ornament of the common wealth the Chaunceller in y e Princes name giueth thankes to the Lords cōmons for their paines and trauailes taken which he saith the Prince will remember and recompence when time and occasion shall serue and y ◠he for his part is ready to declare his pleasure concerning their procéedings whereby the same may haue perfect life accomplishment by his princelie authoritie and so haue the whole consent of the Realme Then one reades the title of euerie act which hath passed at that session but only in this fashion An act cōcerning such a thing c. It is marked there what the Prince doth allowe and to such he sayth Le roy or la royne le veult And those be taken nowe as perfect lawes and ordinances of the Realme of Englande and none other and as shortlie as may be put in print except it be some priuate cause or lawe made for the benefit or preiudice of some priuate man which the Romans were wont to call priuilegia These be onelie exemplified vnder the seale of the Parliament and for the most part not printed To those which the Prince liketh not he answereth Le roy or la royne saduisera those be accounted vtterly dashed and of no effect This is the order and forme of the highest and most authenticall court of Englande by vertue whereof all those things be established whereof I spake before and no other meanes accounted vailable to make any new forfaiture of life member or landes of any English man where there was no lawe ordayned for it before Nowe let vs speake of the saide partes when they be seuerall Of the Monarch King or Queene of Englande CHAP. 3. THe Prince whom I nowe call as I haue often before the Monarch of Englande King or Quéene hath absolutelie in his power the authoritie of warre and peace to defie what Prince it shall please him and to bid him warre and againe to reconcile himselfe and enter into league or truce with him at his pleasure or the aduice onely of his priuie consell His priuie counsell be chosen also at the Princes pleasure out of the nobilitie or baronie and of the Knightes and Esquires such and so many as he shal thinke good who doth consult daily or when néede is of the weightie matters of the Realme to giue therein to their Prince the best aduice they can The Prince doth participate to them all or so many of them as he shall thinke good such legations and messages as come from forren Princes such letters or occurrentes as be sent to himselfe or to his secretaries and kéepeth so many ambassades and letters sent vnto him secret as he will although these haue a particular oth of a counseller touching faith and secrets administred vnto them when they be first admitted into that companie So that héerein the kingdome of Englande is farre more absolute than either the dukedome of Uenice is or the kingdome of the Lacedemonians was In warre time in the field the Prince hath also absolute power so that his worde is a law he may put to death or to other bodilie punishment whom he shall thinke so to deserue without processe of lawe or forme of iudgement This hath béene sometime vsed within the Realme before any open warre in sodden insurrections and rebellions but that not allowed of wise and graue men who in that their iudgment had consideration of the consequence and example asmuch as of the present necessitie especiallie when by anie meanes the punishment might haue béene doone by order of lawe This absolute power is called marciall lawe and euer was and necessarilie must be vsed in all campes and hostes of men where the time nor place do suffer the tariance of pleading and processe be it neuer so short and the important necessitie requireth spéedie execution that with more awe the souldier might be kept in more straight obedience without which neuer captaine can doe anie thing vaileable in the warres The prince vseth also absolute power in crying and decreeing the mony of the realme by his proclamation onely The mony is alwayes stamped with the pinces image and title The forme fashion maner weight finenesse and basenesse thereof is at the discretion of the prince For whom should the people trust more in that matter than their prince seeing the coine is only to certifie the goodness of the mettall and the weight which is affirmed by the princes image and marke But if the prince will deceaue them and giue copper for siluer or golde or enhaunce his coyne more than it is worth he is deceaued himselfe as well as he doth go about to deceaue his subiectes For in the same sorte they pay the prince his rentes and customes And in time they will make him pay rateably or more for meate drinke and victualles for him and his and for their labour which experience doth teach vs nowe in our dayes to be doone in all regions For there euer hath béene euer will be
so The people being accustomed to liue in such an equalitie of Iustice that in such sort that y e rich hath no more aduantage therein than the poore the proces and procéedinges to the iudgement being so short and iudgementes also being peremptorie and without appellation Yet to helpe for small matters where no great summe is in question there are other courtes In euerie shire from thrée wéekes to thrée wéekes the sherife for small thinges not passing xl s. and in certaine hundreds and liberties the baylie likewise from thrée wéekes to thrée wéekes holdeth plea. And whosoever is possessioner and owner of a mannor may holde from thrée wéekes to thrée wéekes or at his pleasure of his tennantes and amongest his tennantes a court called a court Baron And there his tennantes being sworne make a Iurie which is not called the enquest but the homage These principallie doe enquire of the copie holders and other frée holders that be dead sith the last court and bring in their heires and next successours and likewise of incrochment or intrusion of anie of the tennantes against the Lorde or among themselues They make orders and lawes amongest themselues the paine of them if they be after broken commeth to the Lorde And if anie small matter be in controuersie it is put to them and commonly they doe ende it But these courtes doe serue rather for men that can be content to be ordered by their neighbours and which loue their quiet and profit in their husbandrie more than to be busie in the lawe For whether partie soeuer will may procure a writte out of the higher court to remooue the plea to Westminster In cities and other great townes there be diuerse liberties to holde plea for a bigger summe which doe determine aswell as the common lawe and after the same manner and yet for them that will it may be remooued to Westminster hall King Henry the eight ordained first a president Counsellers and Iudges one for the marches of Wales at Ludlowe or else where an other for the north parts of Englande at Yorke where be manie causes determined These two are as be Parliaments in Fraunce But yet if there be anie matter of great consequence the partie may mooue it at the first or remooue it afterwardes to Westminster hall and to the ordinarie Iudges of the Realme or to the Chanceller as the matter is These two courtes doe heare matters before them part after the common lawe of Englande and part after the fashion of the chauncerie Of the Leete or lawe day CHAP. 18. LEete or law day is not incident to euerie mannor but to those onely which by special graunt or long prescription haue such libertie This was as it may appeare first a special trust and confidence and commission giuen to a fewe put in trust by the Prince as is nowe to the Iustices of peace to sée men sworne to the Prince to take pledges and suerties in that maner of one for an other to answere for obedience and truth to enquire of priuie conspiracies fraies murders and bloudsheddes and to this was added the ouersight of bread and ale and other measures Many times they that be out of the homage and court Baron of that mannor and Lordship be neuerthelesse astreined and answerable to come to the Léete This Léete is ordinarily kept but twise in the yeare and that at termes and times prescribed The Léete or Lawe day is all one and betokeneth worde for worde legittimum or iuridicum diem Lawe the olde Saxons called lant or lag and so by corruption and chaunging of language from Lant to Leete vnderstanding day They which kéepe our full english terme call it yet lawe day Of the proceedinges of causes criminall and first of the Iustices of the Peace CHAP. 19. BEfore the maner of procéeding in causes criminall can be well vnderstood it will be necessarie to speake of thrée persons the Iustices of peace the Coroners and the Constables The Iustices of peace be men elected out of the nobilitie higher and lower that is the Dukes Marquisses Barons Knightes Esquiers and Gentlemen and of such as be learned in the lawes such and in such number as the Prince shall thinke méete and in whome for wisedome and discretion he putteth his trust inhabitantes within the countie sauing that some of the high nobilitie and chiefe magistrates for honors sake are put in all or in the most of the commissions of all the shires of England These haue no time of their rule limited but by commission from the Prince alterable at pleasure At the first they were but iiij after viij nowe they come commonly to xxx or xl in euerie shire either by increase of riches learning or actiuitie in policie and gouernement So many more beeing founde which haue either will or power or both are not too manie to handle the affaires of the common wealth in this behalfe Of these in the same commission be certaine named which be called of the Quorum in whome is especiall trust reposed that where the commission is giuen to xl or xxx and so at the last it commeth to iiij or thrée it is necessarie for the performance of many affaires to haue likewise diuerse of the Quorum The wordes of the commission be such Quorum vos A B. C D. E F. vnum esse volumus The Iustices of the peace be those in whom at this time for the repressing of robbers théeues and vagabunds of priuie complots and conspiracies of riotes and violences and all other misdemeanors in the cōmon wealth the Prince putteth his special trust Each of them hath authoritie vpon complaint to him made of any theft robberie manslaughter murder violence complotes riottes vnlawefull games or any such disturbance of the peace and quiet of the Realme to cōmit the persons whom he supposeth offendors to the prison and to charge the Constable or sherife to bring them thither the gaoler to receaue them and kéepe them till he and his fellowes doe méete A fewe lines signed with his hande is ynough for that purpose these doe méete foure times in the yéere that is in each quarter once to enquire of all the misdemeanors aforesaide at which daies the sherife or his vndersherife with his baylifes be there to attende vppon him who must prepare against that time fower enquestes of xxiiij yeomen a péece of diuerse hundredes in the shire and besides one which is called the great enquest out of the bodie of the shire mingled with all These fiue enquests are sworne before them to enquire of all heretiques traitors theftes murders manslaughters rapes false moniers extortioners riottes routes forcible entries vnlawefull games and all such thinges as be contrarie to the peace and good order of the Realme to bring in their verdict If they among themselues vpon their owne knowledge doe finde any culpable they cause one of the clerkes to make the bill And if any be there to complaine vppon any
they faile of being there Of the Coroner CHAP. 21. BVt if anie man woman or child be violently slaine the murtherer not knowen no man ought or dare burie the bodie before the Coroner hath séene it The Coroner is one chosen by the Prince of the meaner sort of gentlemen and for the most part a man séene in the lawes of the Realme to execute that office And if the person slaine slaine I cal here whosoeuer he be man woman or childe that violently commeth to his death whether it be by knife poyson cord drowning burning suffocation or otherwise be it by his owne fault or default or by any other if I say the person slaine be buried before the Coroner doe come which for the most part men dare not doe he doeth cause the bodie to be taken vp againe and to be searched and vppon the sight of the bodie so violently come to his death he doth empanell an enquest of xij men or mo of those which come next by be they strangers or inhabitantes which vpon their othes and by the sight or viewe of the bodie and by such informations as they can take must search howe the person slaine came to his death and by whome as the doer or causer thereof These are not inclosed into a streit place as I tolde before of other enquestes but are suffered to goe at large and take a day sometime after xx or xxx daies more or lesse as the fact is more euident or more kept close to giue their euidence at which day they must appeare there againe before the saide Coroner to giue their verdict So sometime the person slaine himselfe sometime the brother the husbande the wife the sister some of acquaintance or stranger such as God wil haue reueiled be taken For whosoeuer they doe finde as guiltie of the murder he is streight committed to prison and this is against him in the nature of an inditement which is not a full condemnation as ye shall sée héereafter The empanelling of this enquest and the viewe of the bodie and the giuing of the verdict is commonly in the stréete in an open place and in Corona populi but I take rather that this name commeth because that the death of euerie subiect by violence is accounted to touch the crowne of the Prince and to be a detriment vnto it the Prince accounting that his strength power and crowne doth stande and consist in the force of his people and the maintenaunce of them in securitie and peace Of the Constables CHAP. 22. THese men are called in the elder bookes of our lawes of the Realme custodes pacis and were at the first in greater reputation than they be nowe It may appeare that there was a credit giuē vnto them not altogether vnlike to that which is now giuen to the Iustices of peace To this day if any affraie chaunce to be made the Constables ought and will charge them that be at debate to kéepe the Princes peace and whosoeuer refuseth to obey the Constable therein all the people will set streight vpon him and by force make him to render himself to be ordered Likewise if any be suspected of theft or receiuing or of murther or of manslaughter the Constable may take such persons yea enter into any mans house with sufficient power to search for such men till he finde them and if hee sée cause kéepe the suspected persons in the stockes or custodie til he bring them before a Iustice of the peace to be examined But for so much as euerie litle village hath commonly two Constables and many times artificers labourers and men of small abilitie be chosen vnto that office who haue no great experience nor knowledge nor authoritie the Constables at this present although this they may do vppon their owne authoritie yet they séeme rather to be as it were the executors of the commaundement of the Iustices of peace For the Iustice of peace as soone as he vnderstandeth by complaint that any man hath stolen robbed slaine or any seruant or labourer without license hath departed out of his maisters seruice or any that liueth idle and suspectly knowing once in what parish he is he writeth to the Constable of the parish cōmanding him in the Princes name to bring that man before him the Constable dareth not disobey The man is brought and examined by the Iustice and if the Iustice doe finde cause hee committeth him to the same Constable to conuey him further to the Princes gaole where the partie must lie till the Iustices of peace doe méete either at their quarter sessions or at their gaole deliuerie and that the lawe hath either condemned or acquited him These Constable are called in some places headborowes in some places tithingmen and be like to them who are called Consuls in manie townes and villages in Fraunce The Constables are commonlie made and sworne at the Léetes of the Lordes chosen thereto by the homage and they kéepe that office sometime ij iij or iiij yeare more or lesse as the parish doth agrée What headborow doth betoken it is easily knowen our language doth declare him as the head or chiefe of the borowe or village likewise tithing man is the chiefe of y e tithing Constable séemeth to me to come of our old English worde kinnyng which is Kinnyngstable as ye would say a mā established by the king for such thinges as appertaineth to pleas of the crowne conseruation of the Kings peace as I saide at the first were in some more reputation approching to that authoritie which the Iustices of peace nowe doth holde Of the sessions of gaole deliuerie and the definitiue proceedinges in causes criminall CHAP. 23. HOwe théeues and murtherers and other malefactors against the crowne and the peace are taken brought into holde to answere to iustice partly by hue and crie partly by information and partly by the diligence of the Justices of peace and the Constables and howe that at the quarter sessions they be indicted or else by the Coroners yee haue hearde before Enditement as yee may perceive by that which is also gone before is but a former iudgement of xij men which be called enquirers and no definitiue sentence but that which in latin is called praeiudicium it doth but shewe what opinion the countrey hath of the malefactor and therefore commonly men be endicted absent not called to it nor knowing of it For though a man be endicted yet if when he come to the arainement there be no man to pursue further nor no euidence of witnesse or other triall and indices against him he is without difficultie acquited No man that is once indicted can be deliuered without arainement For as xij haue giuen a preiudice against him so xii againe must acquite or condemne him But if the prisoner be not indicted but sent to prison vpon some suspition or suspitious behauiour and none doe pursue him to the enditement first being proclaimed thus A. B.
for the most part following such diuision as is vsed in London either by thirdes or halfes Our forefathers newely conuerted to the Christian faith had such confidence in their pastors instructours and tooke them to be men of such conscience that they committed that matter to their discretion and belike at the first they were such as would séeke no priuate profit to themselues thereby that being once so ordeined hath still so continued The abuse which hath followed was in part redressed by certaine actes of parliament made in the time of king Henrie the eight touching the probate of testamentes committing of administration mortuaries But to turne to the matter which we nowe haue in hande the wife is so much in the power of her husband that not onely her goods by marriage are streight made her husbandes and she looseth all her administration which she had of them but also where all English men haue name and surname as the Romans had Marcus Tullius Caius Pompeius Caius Iulius whereof the name is giuen to vs at the font the surname is the name of the gentilitie and stocke which the sonne doth take of the father alwaies as the olde Romans did our daughters so soone as they be maried loose the surname of their father and of the family and stocke whereof they doe come and take the surname of their husbands as transplanted from their family into an other So that if my wife was called before Philippe Wilford by her owne name and her fathers surname as soone as she is maried to me she is no more called Philippe Wylford but Philippe Smith and so must she write and signe and as she changeth husbandes so she chaungeth surnames called alwaies by the surname of her last husbande Yet if a woman once marrie a Lorde or a Knight by which occasion she is called my Ladie with the surname of her husbande if he die and she take a husbande of a meaner estate by whom she shall not be called Ladie such is the honour we doe giue to women she shall still be called Ladie with the surname of her first husbande and not of the seconde I thinke among the olde Romans those marriages which were made per coemptionem in manum and per aes and libram made the wife in manu potestate viri wherof also we had in our olde lawe and ceremonies of mariage a certaine memorie as a viewe and vestigium For the woman at the Church dore was giuen of the father or some other man next of her kinne into the handes of the husbande and he layde downe golde and siluer for her vpon the booke as though he did buy her the priest belike was in stéede of Lipripeus our mariages be estéemed perfect by the law of England when they be solemnished in the Church or Chappell in the presence of the priest and other witnesses And this only maketh both the husbande and the wife capable of all the benefites which our lawe both giue vnto them and their lawefull children In so much that if I marie the widowe of one lately dead which at the time of her husbandes death was with childe if the childe be borne after mariage solemnished with me this childe shalbe my heire and is accounted my lawefull sonne not his whose childe it is in deede so precisely wee doe take the letter where it is saide pater est quem nuptiae demonstrant Those waies and meanes which Iustinian doth declare to make bastardes to be lawefull children muliers or rather melieurs for such a terme our lawe vseth for them which be lawefull children be of no effect in England neither the Pope nor Emperour nor the Prince himselfe neuer could there legittimate a bastarde to enioy any benefitte of our lawe the Parliament hath onely that power Although the wife be as I haue written before in manu potestate mariti by our lawe yet they be not kept so streit as in mew and with a garde as they be in Italy and Spaine but haue almost as much libertie as in Fraunce and they haue for the most part all the charge of the house and houshoulde as it may appeare by Aristotle and Plato the wiues of the Gréekes had in their time which is in déede the naturall occupation exercise office and part of a wife The husband to meddle with the defence either by lawe or force and with all forren matters which is the naturall part and office of the man as I haue written before And although our lawe may séeme somewhat rigorous towards the wiues yet for the most part they can handle their husbandes so well and so doulcely and specially when their husbands be sicke that where the lawe giueth them nothing their husbandes at their death of their good will giue them all And fewe there be that be not made at the death of their husbandes either sole or chiefe executrixes of his last wil and testament and haue for the most part the gouernement of the children and their portions except it be in London where a peculiar order is taken by the citie much after the fashion of the ciuill lawe All this while I haue spoken onely of moueable goods if the wife be an enheretrix bring lande with her to the mariage that lande descendeth to her eldest sonne or is diuided among her daughters Also the manner is that the lande which the wife bringeth to the mariage or purchaseth afterwardes the husbande can not sell nor alienate the same no not with here consent nor she her selfe during the mariage except that she be sole examined by a Iudge at the common lawe and if he haue no childe by her and she die the lande goeth to her next heires at the common lawe but if in the mariage he haue a childe by her which is heard once to crie whether the childe liue or die the husband shall haue the vsufruite of her landes that is the profitte of them during his life and that is called the courtisie of Englande Likewise if the husbande haue any lande either by inheritance descended or purchased and bought if hee die before the wife she shall haue the vsufruite of one thirde part of his landes That is she shall holde the one thirde part of his landes during her life as her dowrie whether he hath child by her or no. If he hath any children the rest descendeth streight to the eldest if he hath none to the next heire at the common lawe and if she mislike the diuision she shal aske to be indowed of the fairest of his landes to the thirde part This which I haue written touching mariage and the right in moueables and vnmoueables which commeth thereby is to be vnderstoode by the common law when no priuate contract is more particularly made If there be any priuate pacts couenants and contracts made before the mariage betwixt the husbande and the wife by thēselues by their parents or their friends
paying the rent accustomed shal owe to the Lord a certaine faith duetie trust obedience and as we terme it certaine seruice as libertus or cliens patrono which because it doeth not consist in the persons for the respect in them doeth not make them bond but in the lande and occupation thereof it is more properly expressed in calling the one tenaunt the other Lord of the fée than either libertus or cliens can doe the one or patronus the other for these wordes touche rather the persons and the office and duetie betwéene them than the possessions But in our case leauing the possession and lande all the obligation of seruitude and seruice is gone An other kinde of seruitude or bondage is vsed in Englande for the necessitie thereof which is called apprenticehoode But this is onely by couenaunt and for a time during the time it is vera seruitus For whatsoeuer the apprentice getteth of his owne labour or of his masters occupation or stocke he getteth to him whose apprentice he is he must not lie foorth of his masters doores he must not occupie any stocke of his owne nor mary without his masters licence and he must doe all seruile offices about the house and be obedient to all his masters commaundementes and shall suffer such correction as his master shall thinke méete and is at his masters cloathing and nourishing his master being bounde onely to this which I haue saide and to teache him his occupation and for that he serueth some for vij or viij yeres some ix or x. yeres as the masters and the friends of the young man shall thinke méete or can agrée altogether as Polidore hath noted quasi pro emptitio seruo neuerthelesse that neither was the cause of the name apprentice neither yet doeth the worde betoken that which Polydore supposeth but it is a Frenche worde and betokeneth a learner or scholer Apprendre in French is to learne and apprentise is as much to say in Frenche of which tongue we borowed this worde and many more other as discipulus in Latine likewise he to whom he is bound is not called his Lorde but his master as ye would say his teacher And the pactions agréed vpon be put in writing signed and sealed by the parties and registred for more assurance without being such an apprentice in London and seruing out such a seruitude in the same Citie for the number of yéeres agréed vpon by order of the Citie amongest them no man being neuer so much borne in London and of parentes londoners is admitted to be a Citizen or frée man of London the like is vsed in other great Cities of Englande Besides apprentises others be hired for wages and be called seruaunts or seruing men and women throughout the whole Realme which be not in such bondage as apprentises but serue for the time for daily ministrie as serui and ancillae did in the time of gentilitie and be for other matters in libertie as full frée men and women But all seruaunts labourers and others not maryed must serue by the yere and if he be in couenaunt he may not depart out of his seruice without his masters licence and he must give his master warning that he will depart one quarter of a yere before the terme of the yere expireth or else he shalbe compelled to serue out an other yere And if any young man vnmaried be without seruice he shalbe compelled to get him a master whom he must serue for that yere or else he shalbe punished with stockes and whipping as an idlè vagabond And if any man maried or vnmaried not hauing rent or liuing sufficient to maintaine himselfe doe liue so idely he is enquired of and sometime sent to the gaole sometime otherwise punished as a sturdie vagabond so much our policie doth abborre idlenesse This is one of the chiefe charges of the Iustices of peace in euerie Shire It is taken for vngentlenesse and dishonour and a shewe of enmitie if any gentleman doe take an other gentlemans seruaunt although his master hath put him away without some certificate from his master eyther by word or writing that he hath discharged him of his seruice That which is spoken of men seruaunts the same is also spoken of women seruaunts So that all youth that hath not sufficient reuenues to maintaine it selfe must néeds with vs serue and that after an order as I haue written Thus necessitie want of bondmen hath made men to vse fréemen as bondmen to all seruile seruices but yet more liberally and fréely and with a more equalitie and moderation than in time of gentilitie slaues and bondemen were woont to be vsed as I haue saide before This first and latter fashion of temporall seruitude and vpon paction is vsed in such countryes as haue left off the old accustomed maner of seruaunts slaues bondemen and bondwomen which was in vse before they had receiued the Christian faith Some after one â—ort and some either more or lesse rigorouslie according as the nature of the people is enclined or hath deuised amongest themselues for the necessitie of seruice Of the Court which is Spirituall or Ecclesiasticall and in the booke of Law Court Christian or Curia Christianitatis CHAP. 9. THe Archebishops and Bishops haue a certaine peculiar iurisdiction vnto them especially in foure maner of causes Testamentes and legations Tythes and mortuaries mariage and adulterie or fornication and also of such things as appertaine to orders amongest themselues and matters concerning religion For as it doeth appeare our auncestors hauing the common wealth before ordeined set in frame when they did agree to receiue the true and Christian religion that which was established before and concerned externe policie which their Apostles Doctors and Preachers did allowe they helde and kept still with that which they brought in of newe And those things in kéeping whereof they made conscience they committed to them to be ordered and gouerned as such things as of which they had no skill as to men in whom for the holinesse of their life and good conscience they had a great and sure confidence So those matters be ordered in their Courts and after the fashion and maner of the lawe ciuil or rather common by citation libel contestationem litis examination of witnesses priuilie by exceptions replications apart and in writing allegations matters by sentences giuen in writing by appellations from one to an other as well a grauamine as a sententia definitiua and so they haue other names as Proctor Aduocates Assessors Ordinaries and Commissaries c. farre from the manner of our order in the common lawe of Englande and from that fashion which I haue shewed you before Wherefore if I say the testament is false and forged I must sue in the spirituall lawe so also if I demaunde a legacie but if I sue the executor or administrator which is he in our lawe who is in the ciuill lawe baeres or bonoruÌ„ mobilium