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
a certaine proportiō betwéene the scarcity and plentie of other thinges with gold and siluer as I haue declared more at large in my booke of monie For all other measures and weightes aswell of drie thinges as of wet they haue accustomed to be established or altered by the Parliament and not by the princes proclamation only The prince vseth also to dispence with lawes made whereas equitie requireth a moderation to be had and with paynes for transgression of lawes where the payne of the lawe is applyed onely to the prince But where the forfaite as in popular actions it chaunceth many times is part to the prince the other part to the declarator detector or informer there the prince doth dispence for his owne part onely Where the criminall action is intended by inquisition that maner is called with vs at the princes suite the prince giueeth absolution or pardon yet with a clause modo stet rectus in curia that is to say that no man obiect against the offendor Whereby notwithstanding that he hath the princes pardon if the person offended will take vppon him the accusation which in our language is called the appeale in cases where it lieth the princes pardon doth not serue the offendor The prince giueth all the chiefe and highest offices or magistracies of the realme be it of iudgement or dignitie temporall or spirituall and hath the tenthes and first fruites of all Ecclesiasticall promotions except in the Uniuersities and certaine Colledges which be exempt All writtes executions and commaundementes be done in the princes name We doe say in England the life and member of the kinges subiectes are the kinges onely that is to say no man hath hault nor moyenne iustice but the king nor can hold plea thereof And therefore all those pleas which touche the life or the mutilation of man be called pleas of the crowne nor can be dooke in the name of any inferior person than he or shée that holdeth the crowne of Englande And likewise no man can giue pardon thereof but the prince onely Although in times past there were certaine countie Palatines as Chester Durham Clie which were hault iusticers and writtes went in their name and also some Lorde marchers of Wales which claymed like priuiledge All these are now worne away The supreme iustice is done in the kinges name and by his authoritie onely The Prince hath the wardshippe and first mariage of all those that hold landes of him in chiefe And also the gouernement of all fooles natural or such as be made by aduenture of sicknes and so continue if they be landed This being once graunted by act of Parliament although some inconuenience hath béene thought to grow thereof sith that time it hath béene thought verie vnreasonable yet once annexed to the crowne who ought to go about to take the clubbe out of Hercules hand And being gouerned iustly rightly I see not so much inconuenience in it as some men would make of it diuerse other rights and preeminences the prince hath which be called prerogatiues royalles or the prerogatiue of the king which be declared particularly in the bookes of the common lawes of England To be short the prince is the life the head and the authoritie of all thinges that be doone in the realme of England And to no prince is doone more honor and reuerence than to the King and Queene of Englande no man speaketh to the prince nor serueth at the table but in adoration and kneeling all persons of the realme be bareheaded before him insomuch that in the chamber of presence where the cloath of estate is set no man dare walke yea though the prince be not there no man dare tarrie there but bareheadded This is vnderstood of the subiectes of the realme For all strangers be suffered there and in all places to vse the manner of their countrie such is the ciuilitie of our nation The chiefe pointes wherein one common wealth doth differ from an other CHAP. 4. NOw that we haue spoken of the parliament which is the whole vniuersall and generall consent and authoritie aswell of the prince as of the nobilitie and commons that is to say of the whole head and bodie of the realme of England and also of the prince which is the head life and gouernor of this common wealth there remaineth to shewe how this head doth distribute his authoritie and power to the rest of the members for the gouernment of this realme and the commō wealth of the politique bodie of England And whereas as all common wealthes and gouernmentes be most occupyed and be most diuerse in the fashion of fiue thinges in making of lawes and ordinaunces for their owne gouerment in making of battel peace of truce with forraine nations in prouiding of mony for the maintenance of themselues within thēselues defence of themselues against their enemies in choosing and election of the chiefe officers and magistrates and fiftly in the administration of iustice The first and thirde we haue shewed is doone by the prince in parliament The seconde and fourth by the prince himselfe The fift remaineth to be declared Of the three maners and formes of trialles or iudgementes in England CHAP. 5. By order and vsage of Englande there is three wayes and maners whereby absolute and definite iudgement is giuen by parliament which is the highest and most absolute by battle and by the great assise Triall or iudgement by parliament CHAP. 6. THe matter of giuing iudgement by parliament betweene priuate and priuate man or betweene the prince and any priuate man be it in matters criminall or ciuill for land or for heritage doth not differ frō thorder which I haue prescribed but it proceedeth by bill thrise read in ech house and assented to as I haue saide before and at the last day confirmed and allowed by the prince Howbeit such bils be seeldome receaued because that great counsell being enough occupyed with the publique affaires of the realme will not gladly intermedle it selfe with priuate quarels questions Triall of iudgement by battle CHAP. 7. THis is at this present not much vsed partly because of long time the Pope and the cleargie to whom in times past we were much subiect alwayes cryed against it as a thing damnable and vnlawful and partly because in all common wealthes as to the tongue so to the maners fashions habites yea and kindes of trials and iudgmentes and to all other thinges that is therein vsed time and space of yeares bringeth a chaunge But I could not yet learne that it was euer abrogated So that it remaineth in force whensoeuer it be demanded The maner of it is described in Briton The triall by affise or xij men first of the three partes which be necessary in iudgement CHAP. 8. THe two first iugdementes be absolute supreme and without appeale and so is also the iudgement by the great affise And because our manner of iudgementes in England is in
thother And as be sayth what reason hath the pot to say to the potter why madest thou me thus or why dost thou breake me after thou hast made me euen so is the bondman or slaue which is bought for monie for he is but a reasonable and lyuing instrument the possession of his Lorde and master reckoned among his goods not otherwise admitted to the societie ciuill or common wealth but is part of the possession and goods of his Lorde Wherefore except there be other orders and administrations amonst the Turkes if the prince of the Turkes as it is written of him doe repute all other his bondmen and slaues him selfe and his sonnes onely freemen a man may doubt whether his administration be to be accompted a common wealth or a kingdome or rather to be reputed onely as one that hath vnder him an infinite number of slaues or bondmē amōg whom there is no right law nor common wealth compact but onely the will of the Lorde and segnior Surely none of the olde Greekes would call this fashion of gouernment Remp. or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the reasons which I haue declared before The first sort or beginning of an house or familie called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 CHAP. 11. Then if this be a societie and consisteth onely of free men the least part therof must be of two The naturalest and first coniunction of two toward the making of a further societie of continuance is of the husband of the wife after a diuerse sorte ech hauing care of the familie the man to get to trauaile abroad to defende the wife to saue that which is gotten to tarrie at home to distribute that which commeth of the husbandes labor for the nurtriture of the children and family of them both and to keepe all at home neat and cleane So nature hath forged ech parte to his office the man sterne strong bould aduenterous negligent of his bewtie spending The woman weake fearefull faire curious of her bewtie and sauing Either of them excelling other in wit and wisedome to conduct those thinges which appertaine to their office and therefore where their wisedome doth excell therein it is reason that ech should gouerne And without this societie of man and woman the kinde of man coulde not long endure And to this societie men are so naturally borne that the prince of all Philosophers in consideration of natures was not afraide to say that a man by nature is rather desirous to fellow him selfe to another and so to liue in couple than to adherd himselfe with many Although of all thinges or lyuing creatures a man doth shew him selfe most politique yet can he not well liue without the societie fellowship ciuill He that can liue alone saith Aristotle is either a wild beast in a mans likenes or else a god rather than a man So in the house and familie is the first and most naturall but priuate apparance of one of the best kindes of a common wealth that is called Aristocratia where a few the best doe gouerne and where not one alwaies but sometime and in some thing one sometime and in some thing another doth beare the rule Which to maintaine for his part God hath giuen to the man great wit bigger strength and more courage to compell the woman to obey by reason or force and to the woman bewtie faire countenaunce and sweete wordes to make the man to obey her againe for loue Thus ech obeyeth and commaundeth other and they two togeather rule the house The house I call here the man the woman their children their seruauntes bonde and free their cattell their housholde stuffe and all other things which are reckoned in their possession so long as all these remaine togeather in one yet this cannot be called Aristocratia but Metaphorice for it is but an house and a little sparke resembling as it were that gouernement The first and naturall beginning of a kingdome in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 CHAP. 12. BVt for so much as it is the nature of all thinges to encrease or decrease this house thus encreasing multiplying by generation so that it cannot well be cōprehended in one habitation and the children waring bigger stronger wiser and thereupon naturally desirous to rule the father and mother sendeth them out in couples as it were by prouining or propagation And the childe by mariage beginneth as it were to roote towards the making of a new stocke and thereupon an other house or familie So by this propagation or prouining first of one and then another and so from one to another in space of time of many howses was made a streete or village of many streetes and villages ioyned together a citie or borough And when many cities boroughes and villages were by common and mutuall consent for their conseruatiō ruled by that one and first father of them all it was called a nation or kingdome And this seemeth the first and most natural beginning and source of cities townes nations kingdomes and of all ciuill societies For so long as the great grandfather was aliue and able to rule it was vnnaturall for any of his sonnes or offprinst to striue with him for the superioritie or to go about to gouerne or any wise to dishonour him from whom he had receiued life and being And therefore such a one doth beare the first and natural example of an absolute and perfect king For he loued them as his owne children and nephewes cared for them as members of his owne body prouided for them as one hauing by long time more experience than any one or all of them They againe honoured him as their father of whose bodie they came obeyed him for his great wisedome and forecast went to him in doubtfull cases as to an oracle of God feared his curse and malediction as proceeding from Gods owne mouth He againe vsed noriture for ech paine put vpon them he esteemed as laide vpon himselfe The first and naturall beginning of the rule of a few of the best men called in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 CHAP. 13. BVt when that great grandfather was dead the sonnes of him and brethren among themselves not hauing that reuerence to any nor confidence of wisedome in any one of them nor that trust thone to thother betweene whome as many times it fareth with brethren some strifes and brawlinges had before arisen To defende themselues yet from them which were walsh and strangers necessarily agreed among themselues to consult in common and to beare rule for a time in order now one now another so that no one might beare alwaies the rule nor any one be neglected And by this meanes if anie one fayled during his yeare or time by ignoraunce the next being either wiser of himselfe or else by his brothers error fault amended it And in the meane while at diuerse and most times when vrgent necessitie did occurre they consulted all those heads
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
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
two diuerse gards Many men doe estéeme this wardship by knightes seruice very vnreasonable and vniust and contrarie to nature that a Fréeman and Gentleman should be bought and solde like an horse or an oxe and so change gardians as masters and lordes at whose gouernement not onely his bodie but his landes and his houses should be to be wasted and spent without accounts and then to marie at the will of him who is his naturall Lorde or his will who hath bought him to such as he like not peraduenture or else to pay so great a ransom This is the occasion they say why many gentlemen be so euil brought vp touching vertue and learning and but onely in deintinesse and pleasure and why they be maried very young and before they bee wife and many times do not greatly loue their wiues For when the father is dead who hath the natural care of his childe not the mother nor the vnckle nor the next of kinne who by all reason would haue most naturall care to the bringing vp of the infant and minor but the Lorde of whom he holdeth his land in knights seruice be it the King or Quéene Duke Marquesse or any other hath the gouernement of his bodie and mariage or else who that bought him at the first second or thirde hande The Prince as hauing so many must néedes giue or sell his wardes away to other and so he doeth Other doe but séeke which way they may make most aduauntage of him as of an oxe or other beast These all say they haue no naturall care of the infant but of their owne gaine and especially the buyer will not suffer his warde to take any great paines either in studie or any other hardenesse least he should be sicke and die before he hath maried his daughter sister or cousin for whose sake he bought him and then all his money which he paide for him should be lost So he who had a father which kept a good house and had all things in order to maintaine it shall come to his owne after he is out of wardshippe woods decayed houses fallen downe stocke wasted and gone land let foorth and plowed to the baren and to make amends shall pay yet one yeres rent for reliefe and sue ouster le maind beside other charges so that not of manie yeres and peraduenture neuer he shall be able to recouer and come to the estate where his father left it This as it is thought was first graunted vpon a great extremitie to King Henrie the 3. for a time vpon the warre which he had with his Barons and afterward increased and multiplied to more and more persons and grieuances and will be the decay of the nobilitie and libertie of England Other againe say the ward hath no wrong For eyther his father purchased the lande or it did discend vnto him from his auncesters with this charge And because he holdeth by knightes seruice which is in armes and defence séeing that by age he cannot doe that whereto hee is bound by his lande it is reason he aunswere that profite to the Lorde whereby he may haue as able a man to doe the seruice The first knights in Rome those that were chosen equites Romani had equum publicum on which they serued and that was at the charge of widowes and wards as appeareth by Titus Liuius because that those persons could not doe bodilie seruice to the common wealth Wherfore this is no newe thing but thought reasonable in that most wise common wealth and to the prudent King Seruius Tullius As for the education of our common wealth it was at the first militaire and almost in all things the scope and deseigne thereof is militaire Yet was it thought most like that noble men good knights and great captaines would bring up their wards in their owne feates and vertues and then mary them into like rase and stocke where they may finde and make friendes who can better looke to the education or better skill of of the bringing vp of a gentleman than he who for his higher nobilitie hath such a one to holde of him by knights seruice or would doe it better than he that looketh or may claime such seruice of his ward when age and yeres will make him able to doe it That which is saide that this maner of wardship began in the time of King Henrie the 3. cannot séeme true For in Normandie and other places of Fraunce the same order is And that statute made in King Henrie the thirds time touching wards to him that will wey it wel may séeme rather a qualification of that matter and an argument that the fashion of wardship was long before but of this matter an other time shall be more conuenient to dispute This may suffice to declare the maner of it Of VViues and mariages CHAP. 6. THe wiues in Englande be as I saide in potestate maritorum not that the husbande hath vitae ac necis potestatem as the Romans had in the olde time of their children for that is onely in the power of the Prince and his lawes as I haue saide before but that whatsoever they haue before mariage as soone as mariage is solemnished is their husbandes I meane of money plate iuelles cattaile and generally all moueables For as for lande and heritage followeth the succession and is ordered by the lawe as I shall say héereafter and what soever they gette after mariage they get to their husbands They neither can giue nor sell anie thing either of their husbandes or their owne Theirs no moueable thing is by the law of England constanti matrimonio but as peculium serui aut filijfamilias and yet in moueables at the death of her husbande she can claime nothing but according as hee shall will by his Testament no more than his sonne can all the rest is in the disposition of the executors if he die testate Yet in London and other great cities they haue that lawe and custome that when a man dieth his goods be diuided into thrée partes One thirde is imployed vppon the buriall and the bequestes which the testator maketh in his testament An other thirde part the wife hath as her right and the thirde third part is the dewe and right of his children equally to be diuided among them So that a man there can make testament but of one thirde of his goods if he die interstate the funerals deducted the goods be equally diuided betwéene the wife and the children By the common lawe of Englande if a man die intestate the Ordinarie which is the Bishoppe by common intendment sometime the Archdeacon Dean or Prebendarie by preuiledge and prescription doeth commit the administration of the goods to the widowe or the child or next kinsman of the dead appointing out portions to such as naturally it belongeth vnto and the Ordinarie by cōmon vnderstanding hath such grauitie and discretion as shalbe méete for so absolute an authoritie
baptisme did find so it did leaue them for it chaungeth not ciuill lawes nor compactes amongest men which be not contrarie to Gods lawes but rather maintaineth them by obedience Which séeing men of good conscience hauing that scruple whereof I wrote before haue by litle and litle found meanes to haue and obtaine the profit of seruitude and bondage which gentilitie did vse and is vsed to this day amongest Christians on the one part and Turkes and Gentils on the other part wheÌ„ warre is betwixt them vpon those whoÌ„ they take in battaile Turkes and Gentiles I call them which vsing not our lawe the one beléeueth in one God the other in many gods of whom they make Images For the lawe of Iewes is well ynough knowen at this day so farre as I can learne amongst all people Iewes be holden as it were in a common seruitude and haue no rule nor dominion as their own prophesies doe tell that they should not haue after that Christ was promised to them was of them refused for when they would not acknowledge him obstinatly for taking their helpe in soule for the life to come and honour in this worlde for the time present not taking the good tidinges newes and euangill brought to them for their disobedience by the great grace of God and by the promise of the Prophets â—ructified in vs which be Gentils and brought forth this humanitie gentlenes honour and godly knowledge which is seene at this present But to returne to the purpose This perswasioÌ„ I say of Christians not to make nor kéepe his brother in Christ seruile bond and vnderling for euer vnto him as a beast rather than as a man and the humanitie which the Christian religion doth teache hath engendered through Realmes not néere to Turkes and Barbarians a doubt a conscience and scruple to haue seruants and bondmen yet necessitie on both sides of the one to haue helpe on the other to haue seruice hath kept a figure or fashion thereof So that some would not haue bondmen but ascripticij glebae and villaines regardant to the ground to the intent their seruice might be furnished and that the countrie being euill vnwholsome and other wise barren should not be desolate Others afterwardes found out the wayes and meanes that not the men but the land should be bound and bring with it such bondage and seruice to him that occupieth it as to carie the Lordes dung vnto the fieldes to plough his ground at certaine daies sowe reape come to his Court sweare faith vnto him and in the ende to holde the lande but by copie of the Lords court rolle and at the will of the Lord. This tenure is called also in our lawe villaine bonde or seruile tenure yet to consider more déepely all lande euen that which is called most frée lande hath a bondage annexed vnto it not as naturally the lower ground must suffer and receiue the water and filth which falleth from the higher ground nor such as Iustinian speaketh of de seruitudinibus praediorum rusticorum vrbanorum but the lande doeth bring a certaine kind of seruitude to the prossessor For no man holdeth land simply frée in Englande but he or she that holdeth the Crowne of Englande all others holde their land in fée that is vpon a faith or trust and some seruice to be done to an other Lorde of a mannor as his superior and he againe of an higher Lorde till it come to the Prince him that holdeth the Crowne So that if a man die and it be found that he hath land which he holdeth but of whom no man can tell this is vnderstoode to be holden of the Crowne and in capitie which is much like to knights seruice and draweth vnto it thrée seruices homage ward and mariage That is he shall sweare to be his man and to be true vnto him of whom he holdeth the lande His sonne who holdeth the land after the death of his father shall be maried where it pleaseth the Lorde He that holdeth the lande most freely of a temporall man for franke almose and franke mariage hath an other cause and nature holdeth by fealtie onely which is he shal sweare to be true to the Lorde and doe such seruice as appertaineth for the land which he holdeth of the Lord. So that all frée lande in Englande is holden in fée or feodo which is asmuch to say as in fide or fiducia That is in trust and confidence that he shall be true to the Lorde of whom he holdeth it pay such rents doe such seruice and obserue such conditions as was annexed to the first donation Thus all sauing the Prince be not viri domini but rather fiduciary domini possessores This is a more likely interpretation than that which Litleton doeth put in his booke who saith that feodum idem est quod haereditas which it doeth betoken in no language This hapneth many times to them who be of great witte and learning yet not séene in many tongues or marketh not the deduction of wordes which time doth alter Fides in Latine the Gothes comming into Italie and corrupting the language was turned first into fede and at this day in Italie they will say in fide en fede or ala fe And some vncunning Lawâ—ers that would make a newe barbarous latine worde to betoken lande giuen in fidem or as the Italian saith in fede or fe made it in feudum or feodum The nature of the worde appeareth more euident in those which we call to fef feof or feoffees the one be fiduciary possessores or fidei commissarij the other is dare in fiduciam or fidei commissum or more latinely fidei committere The same Litleton was as much deceiued in withernam diuerse other olde wordes This withernam he interpreteth vetitum nauium in what language I knowe not whereas in trueth it is in plaine Dutche and in our olde Saxon language wyther nempt alterum accipere iterum rapere a worde that betokeneth that which in barbarous Latine is called represalia when one taking of me a distresse which in Latine is called pignus or any other thing and carying it away out of the iurisdiction wherein I dwell I take by order of him that hath iurisdiction an other of him againe or of some other of that iurisdiction and doe bring it into the iurisdiction wherein I dwell that by equal wrong I may come to haue equall right The manner of represalia and that we call withernam is not altogether one But the nature of them both is as I haue described and the proper signification of the words doe not much differ But to returne thither where we did digresse ye see that where the persons be frée and the bodies at full libertie and maximè ingenui yet by annexing a condition to the lande there is meanes to bring the owners and possessors thereof into a certaine seruitude or rather libertinitie That the tenaunts beside
that they might doe it All which he promiseth in the commons names that they shall not abuse but haue such regarde as most faithfull true and louing subiectes ought to haue to their prince The Chauncelor answereth in the princes name as apperteyneth And this is all that is doone for one day sometime two Besides the Chauncelor there is one in the vpper house who is called Clarke of the Parliament who readeth the bils For all that commeth in consultation either in the vpper house or in the neather house is put in writing first in paper which being once read he that will riseth vp and speaketh with it or against it and so one after another so long as they shall thinke good That doone they goe to an other and so another bill After it hath bin once or twise read and doth appeare that it is somewhat like as reasonable with such amendment in wordes and peraduenture some sentēces as by disputatiō seemeth to be amended In the vpper house the Chauncelor asketh if they will haue it engrossed that is to say put into parchment which doone and read the third time and that eftsoones if any be disposed to obiect disputed againe amōg them the Chauncelor asketh if they will goe to the question and if they agree to goe to the question then he sayth here is such a lawe or act concerning such a matter which hath béene thrise read here in this house are ye content that it be enacted or no If the not contentes be moe then the bill is dashed that is to say the lawe is annihilated and goeth no further If the contentes be the more then the Clarke writeth vnderneath Soit baille aux commons And so when they see time they send such bils as they haue approued by two or three of those which doe sit on the woolsacks to the commons who asking licence and comming into the house with due reuerence sayth to the speaker Master speaker my Lordes of the vpper house haue passed among them and thinke good that there should be enacted by Parliament such an act and such an act and so readeth the titles of that act or actes They pray you to consider of them and shew them your aduise which doone they goe their way They being gone and the doore againe shut the speaker rehearseth to the house what they sayde And if they be not busie disputing at that time in an other bill he asketh them streightwaie if they will haue that bill or if there be mo one of them In like maner in the lower house the speaker sitting in a seate or chaire for that purpose somewhat higher that he may see and be seene of them all hath before him in a lower seate his Clarke who readeth such bils as he first propounded in the lower house or be sent down from the Lords For in that point ech house hath equal authoritie to propounde what they thinke meete either for thabrogating of some law made before or for making of a newe All bils be thrise in three diuerse dayes read and disputed vpon before they come to the question In the disputing is a meruelous good order vsed in the lower house He that standeth vppe beareheadded is vnderstranded that he will speake to the bill If moe stande vppe who that first is iudged to arise is first harde though the one do prayle the law the other diswade it yet there is no altercation For euerie man speaketh as to the speaker not as one to an other for that is against the order of the house It is also taken against the order to name him whom ye doe confute but by circumlocution as he that speaketh with the bill or he that spake against the bill and gaue this and this reason And so with perpetuall Oration not with altercation he goeth through till he do make an end He that once hath spoken in a bill though he be confuted straight that day may not replie no though he would chaunge his opinion So that to one bill in one day one may not in that house speake twise for else one or two with altercation woulde spende all the time The next day he may but then also but once No reuiling or nipping wordes must be vsed For then all the house will crie it is against the order and if any speake vnreuerently or seditiouslie against the Prince or the priuie counsell I haue séene them not onely interrupted but it hath béene moued after to the house and they haue sent them to the tower So that in such a multitude and in such diuersitie of mindes and opinions there is the greatest modestie and temperance of spéech that can be vsed Neuerthelesse with much doulce and gentle termes they make their reasons as violent and as vehement the one against the other as they may ordinarily except it bee for vrgent causes hasting of time At the afternoone they kéepe no parliament The speaker hath no voice in the house nor they will not suffer him to speake in any bill to moue or diswade it But when any bill is read the speakers office is as brieflie and as plainely as he may to declare the effect thereof to the house If the commons doe assent to such billes as be sent to them first agréed vpon from the Lords thus subscribed Les commons out assentus so if the Lordes doe agrée to such billes as be first agréed vppon by the Commons they sende them downe to the speaker thus subscribed Les Seigneurs out assentus If they cannot agrée the two houses for euerie bill from whence soeuer it doth come is thrise reade in each of the houses if it be vnderstoode that there is any sticking sometimes the Lordes to the Commons somtime the Commons to the Lords doe require that a certaine of each house may méete together and so ech part to be enformed of others meaning and this is alwaies graunted After which méeting for the most part not alwaies either parte agrées to others billes In the vpper house they giue their assent dissent ech man seuerallie by himselfe first for himselfe and then for so manie as he hath proxie Whē y e Chaunceler hath demanded of them whether they will goe to the question after the bill hath béene thrise reade they saying only content or not content without further reasoning or replying and as the more number doeth agrée so it is agréed on or dashed In the neather house none of them that is elected either Knight or Burges can giue his voice to an other nor his consent nor dissent by proxie The more parts of them that be present onely maketh the consent or dissent After the bill hath béene twise reade and then engrossed and eftsoones reade and disputed on ynough as is thought the speaker asketh if they will goe to the question And if they agrée be holdeth the bill vp in his hande and sayeth as many as will haue this bill goe forwarde which is