Selected quad for the lemma: order_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
order_n command_n open_a rank_n 6,490 5 12.1011 5 true
View all documents for the selected quad

Text snippets containing the quad

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

There are 5 snippets containing the selected quad. | View lemmatised text

the causes are not determined after the ciuill but after the prouinciall law or according to that which seemes good and equall and by the statutes and customes of each Canton They haue no quirkes or obscurities to protract iudgement and they thinke it better sometimes to erre in a doubtfull cause then to follow the Lawyers iudging according to Law not equity and so making the suites perpetuall In the Gouernements all controuersies are determined by the Gouernours and Iudges of the place yet so as appeale is granted from them to the common Senate In priuate Cantons causes are iudged by the Senatours and Iudges of each Canton yet they haue some publike Iudgements namely when the Cantons haue any controuersie one with another or a priuate man with a Canton for which cases they haue many cautions in their Leagues and at this day they are determined after this manner Each part chuseth two Iudges of his owne Citizens who are absolued in that case from their oath giuen to their owne Canton and then they are sworne that they will consider of the controuersie according to that which seemes good and equall and that they will faithfully indeuour to compose it at least so as it shall bee decided by Law not by Armes And in the old leagues certaine places are appointed in which these Iudgements are handled The 7 Cantons commonly meete for them in the Monastery of the Heremites within their owne confines and so other leagues in other appointed places The Iudges and Burgesses of those Cantons with which those that haue controuersies haue more strict league determine these causes if the first arbiters cannot compose them and both parts are bound to rest in the iudgement of the greater part and if the Voices be equall on each part as many times it falleth out a new Iudge or Arbiter is chosen who doth not giue a new Iudgement of his owne but approueth one of the Iudgements giuen by the equall Voices of the said Burgesses And this Arbiter is chosen by those Burgesses and so he be a Citizen of any one Canton it is not required that he should be of either of the Cantons to whom the cause belongeth Thus if Bern be plaintiffe against the 3 Cantons 16 men are chosen by the Cantons out of which Bern chuseth one to be Arbiter but if the Cantons be plaintiffes against Bern they chuse an Arbiter out of the lesser Senate of Bern. Likewise in controuersies betweene Zurech and Bern the plaintiffe chuseth an Arbiter out of the Senate of the other Citie To conclude in all Iudgements publike and priuate they vse such integrity as this simplicitie of their Iudgements disallowed by subtill polititians happily succeeds in all occasions and so they retaine their old vertue is like euer so to succeede In most of the Cantons namely at Zurech Basil and Schafhusen no Bastard may beare publike office nor be a Senator or Iudge which Law is common to the Sweitzers with the Germans first instituted to restraine fornication and to preserue the dignity of marriage In some places he must haue been a Citizen ten yeres in other places twenty yeres who is chosen to be of the common Counsell and at Zurech no stranger is euer chosen to be a Senator or Iudge and by Common law no Homicide Adulterer or infamous person for any crime may be of the Senate In all the Cantons they are no lesse carefull to preuent domages by fier then to keepe out their enemies for which cause they hire watchmen to walke the streetes by night and Belmen to tell the howers and in some places as the Towne of Saint Gallus they haue nightly thirty two Watchmen and chuse Citizens to visit the chimnies and ouens that they be free from danger of fier In other Cantons they haue publike Officers who in any such chance see that all things be done in order and that no tumult be raised vpon such occasions to which end they appoint some to quench the fier and draw others in armes to defend the walles and the gates And at Zurech able young men are yeerely chosen to be ready for the quenching of any such casuall fier In Lucerna the Law of Retribution an arme for an arme a leg for a leg is in many cases obserued where he that killes a Citizen bee the cause neuer so iust as repelling force by force shal die if he be taken or be perpetually banished if he escape by flight yet when he hath satisfied the Kinsmen of him bee killed hee is permitted to returne from banishment And in all the Cantons where they dwell in Villages he that kills a man in his defence shal be banished and his owne Senate cannot permit his returne which can onely be obtained from the great and publike Senate And in the same Cantons no lands may be ingaged to any stranger neither may any stranger buy any possessions but onely a house and a Garden for herbes And if any man often offend in Drunkennes he is imprisoned and may drink no Wine for a yere till he haue procured pardon of the publike Senate which me thinks should easily be granted him by Iudges guilty of the same fault except they meane quarrels and like offences not simple drinking which I thinke probable because generally the Sweitzers drinke as stiffely as those of the vpper part of Germany In the same Cantons Matrimoniall causes are referred to the Consistory of the Bishop of Costnetz but all adulteries are punished by the Senate at home commonly with the losse of goods sometimes with a fine of ten pounds that is ten Dollers with them The publike Edicts are yeerely in these Cantons confirmed or abrogated by the Voices of the common people And in the Towne of Friburg and the Territory if a debter pay not his debt the Creditor sends certaine seruants and horses to the publike Inne the charge whereof is paid by the debter till he satisfie his Creditor Besides in any controuersie if sureties be thrise demanded of any man and he bring not in suerty or caution he is punished with banishment and the same punishment is inflicted on them who violate the command of keeping the peace and who without iust cause take part with either of them that are at variance In generall for the Gentry of the whole Prouince mention hath been and is after to be made that the same is extinguished so as it were in vaine to seeke for any Knightly order among these men who howsoeuer they be military men yet vniuersally are Cittizens or of common Plebean ranck They take to themselues coates of Armes deuised by themselues and tricked after their owne fancies yet not with open Helmets as Gentlemen beare them but with closed Helmets after the manner vsed by the Citizens in Germany And their Lawes of inheritance and the dowries of wiues doe come neerest to those of Germany the Ciuill law if I be not deceiued passing with them into Prouinciall lawes and customes by
vpon him shall be abused and peruerted to supply the need of the Rebels and the Souldier the worse serued we thinke this matter worthy of strict examination and as seuere punishment as may be inflicted vpon offenders in so high a degree which we earnestly require may be done and that in all these and like cases your Lordship will consider that we of her Maiesties Counsell here that are absent from thence doe proceed generally in these matters as reason doth direct vs and as we receiue light from you and the Counsell there but your Lordship that doth know the state of the Kingdome and see the particular course and disposition of things there and what is fit and not fit may easily reforme those inconueniences and abuses that happen and are committed and informe vs of those particulars that are not within our knowledge that these matters may be carried with more perfect order and rule for the good of the Souldier whose wellfare is onely intended and sought herein to her Maiesties excessiue charge and our great trouble This is another great abuse and though it be not pertaining to this matter yet by reason of late we haue discouered the same to be very common we haue thought good to informe your Lordship therof and earnestly to pray you and the rest of the Counsell to giue strict order it may be auoided The matter is this wee find by diuers examinations taken that it is a common practice that if any Seruing-man Countrey-fellow or labouring-man happen to be maimed or grieuously hurt by any mischance or disorder if he be in any of the Countries neere to the Sea-side or any Port where shipping doth goe for Ireland hee will find passage there and follow the Army in some Company or other and doe such seruices as he is able and when he hath gotten some knowledge of the Countrey and of the Captaines and chiefe Officers then he procureth a pasport from some Captaine or other or else he getteth his name to be inserted in some generall pasport as a man by reason of hurts receiued vnfit for seruice and so vpon his comming ouer hither againe hee is recommended into the Countrey for a Pension by which meanes the Countries are burthened with this kind of men and the poore Souldier that is indeed maimed in the warres is disapointed and hindered of that pension he ought to haue This is to be reformed by two meanes First that order be taken no maimed men that haue receiued their hurts in seruice be sent away in a generall passe because the Statute doth require a particular certificat from their Generall certifying the hurts and maimes the Souldier hath receiued Next the remedy is that no such pasports be giuen but by subscription of your Lordship the prouinciall Gouernours or chiefe Colonels vnder whom he doth serue expressing the hurts and maimes the Souldier hath receiued and in what seruice and vnder what Captaine and the office and place he held in that Company This by generall direction being obserued will auoid the number of counterfet Souldiers and giue due way to the reliefe of the maimed Souldier who indeed without such particular certificat ought not by the Statute to be releeued and the want thereof hath beene great hinderance to many poore men Therefore nothing doubting but your Lordship will take order herein accordingly we bid your Lordship heartily farewell From the Court at Oatelands the 29 of August 1602. The eighth of October the Lord Deputy wrote to the Lord President of Mounster that howsoeuer by reason of Carmacke escape he could not for the present spare the horse and the foote which were with him aboue the Mounster Lyst vnder the command of Sir Samuel Bagnoll yet hee would not faile to send fiftie horse presently into Connaght whether hee purposed shortly to take his iourney being now busie about preparation for the same And further his Lordship prayed him to send a good proportion of victuals from the store in Limricke by water to Athlone without which the Forces could not be kept together in that Prouince and accordingly his Lordship gaue order that boats should be sent from Athlone to Limrick to fetch the same And wheras his Lordship had written to the Sheriffes in Mounster to leauy certaine beeues for the Army he prayed the Lord President to giue them assistance for taking them vp and sending them into Connaght with all conuenient speede The fifteenth of October the Lord Deputy was aduertised from the Lord President that Carmock Mac Dermott lately escaped had made sute to him to be reconciled to the State and that vpon his answer that if he would iustifie himselfe to be innocent he should haue a iust triall or if he would confesse his faults then he would be a suter to the L. Deputie for his pardon hee the said Carmock had made choise to sue for pardon rather then to stand to his triall And that in the meane time all the Castles in his Country were possessed for her Maiesty his followers disposed vnder other Lords vpon good assurance beside the faction which was nourished against him among his neerest Kinsmen which things made him vnable to doe any hurt so as if his Lordship had any occasion to imploy in Connaght the forces which were in Mounster aboue the List of the Prouince his Lordship might dispose of them at his pleasure Further the Lord President aduertised that he vnderstood by one Iames Blacke lately come out of Spaine that O Donnell was dead there and that this newes was most certaine The twentieth of October the Lord Deputy dispatched Captaine Blany from Dublin with Commission to gouerne the Garrisons of Ruske and Monaghan recalling Sir Christopher S. Laurence and Captaine Esmond from that command to repaire to Lublin that his L p might heare and compose the differences risen betweene them He had further order to leaue Captaine Atherton to gouerne the Fort of Mount Norreys wherof he had formerly the command likewise to put vp good store of victuals from the Newry to those Garrisons and to deliuer letters to Sir Arthur Chichester with whom he was to concur in the intended seruices for those parts He was directed to know from Mac Mahown his resolute answere whether he would submit himselfe vpon the conditions sent vnto him and if he refused them then to giue him no further time of protection but to prosecute him presently by all meanes To giue O Gonnor Roe Mac Gayre his best assistance to establish him in his Countrie and for the other Mac Guyre in rebellion not to accept any submission from him except he vndertake some extraordinarie good seruice because he had lately abused the sauour offered him by Sir Henrie Folliot Gouernour of Ballishannon Lastly whereas some of Tyrones Captaines offered to come from him to serue the Queene he was directed to intertaine those offers and either to draw them from him or to make any vse of those offers and treating with them
of Misen Nauberg and Mersberg though the Emperor and the Gentlemen of those parts in a Prouinciall meeting were instant to haue three Bishops chosen and the Emperour desired that dignity for one of his brothers The same three Princes yet being vnder age I did see coynes of Gold and Siluer bearing the images of all three but when they came to age the Electorship and the Inheritance belonging to it fell to the eldest sonne the younger retaining the said Bishopricks for life and their part of other lands that might bee diuided for inheritance to them and their children The Fees of Princes are giuen by the Emperour and the Fees of many Gentlemen and of some Earles are giuen by Princes but I returne to the Lawes of Succession By the Ciuil law they that disscend of the right line haue the first place in succession al which without respect of sex or fatherly power do succeede equally the sons by the Pole the nephewes to their part namely to the part which their father should haue had if he had been then liuing so as it seemes that fower or more nephewes the sons of a third brother dead diuiding with two brothers liuing all the nephewes shall only haue a third part belonging to their father being dead and each of the two liuing brothers shall haue another third part The Law of Saxony changeth nothing touching the persons but differs in the succession of goods For the daughters shall by priuiledge haue their mothers apparrell and other ornaments with all vtensiles or household stuffe so as they shall be valued to them in their due parts And the niece borne of one of the sisters being dead hath the same right with the other sisters for her mothers part but none can haue these vtensiles saue the women on the mothers side vulgarly called Spieimagen for the brothers daughter hath no right to them And I haue heard of learned men that these vtensiles cannot bee alienated by the last testament namely vessels of brasse but not of pewter linnen beds excepting the heires of Inne-keepers whose chiefe wealth commonly consists in such furniture also sheep geese iewels of gold and like ornaments of the mother excepting the seale ring of gold and pearles and other iewels which men vse to weare as well as women By a Law made in the Dukedome of Meckelburg because the women in the yeere 1388 redeemed theeir captiue Prince wirh their Iewels many priuiledges of succession are granted to women By the Law of Saxony as the vtensiles belong to the daughters so besides the decree of the Ciuill Law in the Knightly Order all goods of expedition as Armes and the like belong to the sonnes and the sword is alwaies giuen to the eldest sonne But these things are not obserued among those of common or plebean ranck except custome haue made them as Law so as the Daughters by custome haue the vtensiles and the eldest sonne haue the chiefe horse for the plough I haue formerly said that by the Law of Saxony the nephew is excluded from succeeding in a Fee with his vncle on the fathers side that is his fathers brother but that in our daies the nephew is admitted according to the Ciuill law I haue said that in the succession of moueable goods the sonnes succeede the father by the Pole but the nephewes or sonnes of another sonne deceased succeede their Grand-father onely in the part belonging to their father I haue said that the Law of Saxony changeth nothing touching the persons but only differs in the succession to some goods as the vtensiles Now I adde further that the nephewes succession and equall diuision with his fathers brothers is decreed by an Imperiall Law abrogating all contrary customes By the Ciuill Law brothers on both sides and together with them the children of their dead brothers and sisters are then first called to inheritance when the deceased hath no heires in the right line discending or ascending but without any respect to the Imperiallisaid Law as speaking of custome not written Law or to the last Ciuill Law the Law of Saxony decrees and of old custome it is obserued among the Saxons that in the succession of Collaterals the liuing brother excludes the children of his dead brother I say in freehold not in fee and the brother on both sides excludes the brother on the one side onely in the third degree and the brother on both sides excludes the children of his dead brother in the third degree But I haue obserued that this law is thus practised among the Saxons as imagining there be three brothers Thomas Iohn and Andrew and it happening that Thomas first dies leauing a sonne and then Iohn dies vnmarried or without issue the goods of Iohn at his death shall not fall to the sonne of Thomas his eldest brother but to his brother Andrew yet liuing and Andrew dying last as well his owne as his brother Iohns goods fall to his owne sonne but if he haue no sonne then they fall to the sonne of Thomas And againe putting the case that Thomas and Iohn are both dead and each of them hath left a sonne or sonnes if Andrew die without a sonne the sonne of Thomas succeedes him without any respect to the sonne of Iohn By the Ciuill law the vncle of the deceased by the fathers side is not onely excluded by the brother of the deceased but also by the brothers children but by the Law of Saxony since the right of representation simply hath no place and these persons are in the same degree namely in the third degree they are called together to the inheritance yet the Scabines or Iudges of Leipzig haue pronounced the contrary to this iudgement of the Iudges in the highest Court of the Duke of Saxony rather following the Ciuill Law which preferres the brothers sonne before the vncle on the fathers side By the Ciuill Law in the successions of Collaterals the brothers of both sides are for a double bond preferred to the brothers by one parent only so as the priuiledge be not extended to things in Fee but to things in free-hold because in Fees the bond on the mothers side is not regarded By the Law of Saxony a brother on both sides excludes a brother by one parent as nearer by one degree By the Ciuill law Bastards are admitted to the inheritance of the mother and the brother lawfully begotten is called to the inheritance of a dead bastard brother by the said mother but by the Law of Saxony as a bastard cannot bee admitted to inherit with one lawfully begotten so he that is lawfully begotten cannot succeede a bastard that is not legitimated and by the law of Saxony a mother hauing a bastard daughter and dying without any other child cannot leaue her vtensile goods to that daughter Yet in all cases concerning bastards the Iudges leaue the law of Saxony as vnequall and iudge after the Ciuill law so as in Saxony bastards both succeed and are
which they are gouerned vpon the old and long continued vse of them In one particular example I obserued that the younger brother in the diuision of his fathers inheritance first chose his part and had libertie to buy the parts of his brethren if he would and not otherwise But I shall haue occasion to speake of the common lawes more at large in the discourse of the seuerall Common-wealths among them The leagues which the Sweitzers haue with forraine Princes doe manifestly shew that they professe Mercenary Armes no lesse yea much more then the Germans For whereas the Germans are hired for present seruice in time of warre these men besides that pay must haue ample pensions in time of peace as their league with France especially sheweth In this they differ that the Sweitzers onely send aides of foote but the Germans are hired both horse and foote And both these Nations haue one commendable property that after their seruice one or more yeeres in the warres peace being made they returne home nothing corrupted with military licentiousnesse and roundly fall to the Plough or any other their trade of life By the same leagues it appeares that they will not serue in any sea-fights nor in the defence or taking of forts neither will haue their forces diuided as if they reputed the strong bodies of their bands only fit to fight in a pitched field and to defend the great Ordinance and carriage Neither vse they to fortifie their owne Cities excepting few which of old were fortified and after receiued into the number of the Cantons bragging with the Lacedemonians that valiant brests are brazen walles In the time of Iulius Caesar we reade that this Nation being populous and weary of the barren soile wherein they dwelt resolued to seeke a new seate but were soone restrained and kept at home by the Armes of Caesar. From that time wee reade of no great warlike exploit done by them till they laid the first foundation of their Commonwealth by mutuall leagues The first perpetuall league made betweene the three first Cantons was in the yeere 1315 from which time the rest of the Sweitzers hauing long been subiect to the house of Austria began by parts to rebell against that house and to winne their liberty by the sword But all their warre was at home long continued against the said house and at last breaking out against the Duke of Burgundy vpon their confines till the yeer 1477 when in the third battaile the Duke of Burgundy was slaine and so that warre ended At which time only eight Cantons were vnited in perpetuall league the other fiue Cantons being after vnited at seuerall times from the yeere 1481 to the yeere 1513 when the 13 and last Canton was vnited to the rest in perpetuall league Touching their forraigne warres the first league they made for yeeres was in the yeere 1478 and the second in the yeere 1510 with two Popes The first perpetuall forraine league they made was with the Duke of Milan in the yeere 1466 wherin mention is made of former leagues with the Insubres but we reade no effects of warre produced by them And the first perpetuall league they had with France was in the yeere 1483 when Charles the eight made warre in Italy for the kingdome of Naples about which time the Sweitzers Armes began to be knowne in forraine parts Guicciardine the famous writer of those Italian warres among the Actions of the yeere 1500 saith that the Sweitzers hired by Lodwick Sforza Duke of Milan fought wel on his side at the taking of Nouara but after that their Captaines were corrupted to betray him by the Captaines of other Sweitzers seruing the French king whereupen they prouoked the multitude to Mutiny for pay but the Duke appeasing them by louing words by present pay in good part and promise of the rest vpon the coming of mony from Milan dayly expected that the Captaines of the Dukes Sweitzers conspired with the Sweitzers of the French king to make the French presently draw to Nouaria which done the Duke prepared to fight but the Captains of his Sweitzers answered him that without speciall authority from their Magistrates they would not fight against their Kinsmen and Countrimen on the French side and that so the Sweitzers seruing the Duke vpon their Captains instigation mingled themselues with the Switzers on the French side as if they had been both of one Army saying they would depart home And that the Duke could with no praiers nor promises moue their barbarous treachery to stand with him in this distresse nor so much as to conduct him to a safe place onely granting him to march in their bands on foote disguised like a Sweitzer in which disguise taken of force he with some of his chiefe friends were taken by the French mouing compassion of all men towards him and detestation of their treachery And this Author leaues it in doubt whether they were found out in this disguise by the French spies or rather visely betraied Semler a famous writer of the Sweitzers Nation thinks that souldiers in generall might be excused who being in a towne vnfortified and hauing other iust causes as disability to withstand the Enemy should make peace and returne home but granting this fact to be vnexcusable yet whether it were done by the Captaines or by the common souldiers or by both and that on both sides hee thinks it a great wrong to impute the same to the whole nation especially those Soldiers being leuied secretly and without leaue of the Magistrates The foresaid Author Guicciardine in the Actions of the yeere 1511 writes of the Sweitzers to this effect The Sweitzers of old called Heluetians inhabit the high places of the Mountaine Iura men fierce by nature clownes and by reason of the barren soile rather Crasiers then Ploughmen Of old they were subiect to the Princes of Austria but casting off their yoke haue long been free liuing after their owne Lawes and yeelding no signe of obedience to the Emperours or any other Princes diuided into thirteen Cantons wherof each is gouerned by their owne Magistrates Lawes customes The name of this so wilde and vnciuill Nation hath gotten honour by concord and the glory of Armes For being fierce by nature and trained in warlike discipline and keeping their Orders or rankes they haue not only with valour defended their Country but in forraine parts haue exercised Armes with high praise which no doubt had beene greater if they had fought to inlarge their owne Empire not for wages to inlarge the Empire of others if nobly they had propounded to themselues other ends then the gaine of mony by the loue wherof being made abiect they haue lost the occasion to become fearefull to all Italy for since they neuer come out of their confines but as mercenary men they haue had no publike fruit of their victory but by couetousnesse haue become intollerable in exactions where they ouercome and in
inheritance in Brabant and Flaunders excepting the Principality of Orange seated in France neare the City of Marseits und when he suspected the counsels of the King of Spaine into whose net Count Egmond confident in his innocency and great seruice done to the King and the Count of Horne vnaduisedly fell he first withdrew himselfe into France and after into Holland where as I said hee ioyned with the States of the Vnited Prouinces and was much respected and loued of them all inioying from them honourable meanes of maintenance well deserued in that his name and assistance much profited the common cause He had many wiues first he married the Countesse of Buren sole daughter and heire to her father and she bare him a sonne who in the beginning of these troubles was a Student in the Vniuersity of Louan whence the Gouernour called him and sent him into Spaine and she bore him likewise a daughter which was married to Count Hollock a German well respected by the States for his warlike reputation and good seruices done to them and he with his wife liued in Holland when I passed through these parts His second wife was the sister to the Elector of Saxony by whom he had the foresaid Count Maurice who yet being young succeeded his father in the generall conduct of the States Army and about this time whereof I write had taken two strong Cities in Brabant the inheritance of the Prince of Orange namely Bredaw and Getrudenberg and because they were part of the Earledome of Buren some difference was then about them betweene the said Count Maurice and his said sister by the fathers side wherein it was generally said that the States fauoured the Count. Also the Prince had by this wife a daughter after married to the Gouernour of Friesland His third wife was sister to the Duke of Mompensier in France which had been a Nun and by her hee had sixe daughters Lewis married to the Palatine of the Rhein Marie then liuing at Hage the third liuing then in France the fourth with the Count of Schwarthenburg and Francis also then liuing at Hage and a sixth then brought vp in the County of Nassaw His fourth wife was a French Lady of the Family Chastillon famous in that worthy Admirall of France killed in the Parisian Massacre And this wife after the Prince was slaine liued then at Hage with her onely sonne by him who being borne at Delph in Holland was therefore and for many respects much regarded by the Hollanders and yet being a childe was honoured with military commands and a large stipend for his maintenance and shortly after had the title of Colonell of Holland with no small addition to his meanes Being now to speake of the Magistrates Lawes and degrees of Orders in this Commonwealth it will not be amisie first for coniecture of the generall estate of Netherland to write some few things out of Marchantius a Flemming and other approued Authours particularly of the County of Flanders for the preheminence it alwaies had ouer the rest of the Prouinces The chiefe strength of the Common-wealth of Flanders is in the Counsell or Parliament of the three generall States namely of the Clergy the Nobility and the foure members in steed of the people making the third estate in other Kingdomes and without the consent of these the Earles were neuer wont to exact money or make warre And howsoeuer the King of Spaine hath weakned the authority of this Counsell yet when Subsidies are imposed the very forme of old proceeding comforts the people as a shadow of their old liberty The Earle by writing is to appoint the time and place of this Assembly or in the Earles name the Counsell of Flanders vsed to call together the Burgesses or Deputies thereof In these three States the Clergy is of chiefe dignitie as well for their degree as for the greatnesse of their reuenewes and many Territories vnder their command and among these were onely fiue Bishops till Pope Pius the fourth in the yeere 1560 estalished three new seates of Bishops at Gant Bruges and Ypre The first degree of Nobility is that of Barons hauing their name of Banners which they are bound to follow whereof there bee very many in Flanders and of them some in later times haue beene raised to the titles of Earles and Princes In the second ranke are the Lords of Townes and Villages whence Gentlemen haue their sirnames and they cannot be numbered without tediousnesse But almost all of them haue possession giuen them from some of the Feudatory Courts of the Earles of Flanders and differ in many customes but in this all agree that he who hath this fee cannot alienate it without the consent of the Prince and the next heire or vpon oath giuen in Court that hee doth it for pouerty and want The inheritance of Fees descends to the eldest sonnes a third part reserued for the younger brothers so they giue ouer to the elder their part in the other goods that are not in Fee And it is an high fault if these Lords impose any tribute vpon their subiects except it bee with the consent of the Earle of Flaunders There bee some of these that are called vassals whereof some are clients of an higher some of a lower degree And the Earle of Flanders hath about seuenteene feudatory Courts and the number is very great of Clients in Fee depending immediately vpon one or other of the said Courts whereby the Earle hath many pecuniary profits and other seruices vpon fines and alienations of inheritance In the third rancke of Gentlemen are they who hold inheritance in Fee whereof some are tied to the Iurisdiction and Counsell of the Earle as the Chancelor so called of correcting or cancelling writings ill drawne with blotting outlines which dignitie is tied to the Prepositure of Bruges Church and before the Counsell of Flaunders was erected this Office was of greater authoritie then now it is Others of this kind are Burgraues or Castellanes or high Sheriffes who are set Iudges ouer Townes and Castles with prerogatiue to haue a proportion of the mulcts or fines which dignity belongs to certaine Families and may be alienated to others by sale or for dowrie in marriage and all haue not the like but diuers iurisdiction and preheminence The Burgraue of 〈◊〉 hath the Lordship or command of the Towne which no other Burgraue hath the ruling of the weights in the Market the customes at the Gate capitall Iudgement the fines that are vnder three pounds of Paris and a part with the Earle of the greater fines and the power to appoint the Baily Scabins and Burgomafter and a third part of the goods of bastards dying without children Also the Burgraue of Ypre takes an oath to himselfe of the Officers of that Towne as well as to the Earle and he hath the fines and power to appoint Magistrates Others of this third rancke of Gentlemen haue warlike Offices by inheritance as the