Volume 1 — THE CONTENTS OF THE SECOND BOOKE. (continued 4)

Lesse time spent in eating than heretofore. Heretofore there hath béene much more time spent in eating and drinking than commonlie is in these daies, for whereas of old we had breakefasts in the forenoone, beuerages, or nuntions after dinner, and thereto reare suppers generallie when it was time to go to rest (a toie brought into England by hardie Canutus and a custome whereof Athenæus also speaketh lib. 1, albeit Hippocrates speake but of twise at the most lib. 2. De rat. vict. in feb. ac.) Now these od repasts thanked be God are verie well left, and ech one in maner (except here and there some yoong hungrie stomach that cannot fast till dinner time) contenteth himselfe with dinner & supper onelie. The Normans misliking the gormandise of Canutus, ordeined after their arriuall, that no table should be couered aboue once in the daie, which Huntingdon imputeth to their auarice: but in the end either waxing wearie of their owne frugalitie, or suffering the cockle of old custome to ouergrow the good corne of their new constitution, they fell to such libertie, that in often féeding they Canutus a glutton, but the Normans at the last excéeded him in that vice. surmounted Canutus surnamed the hardie. For whereas he couered his table but thrée or foure times in the daie, these spred their clothes fiue or six times, and in such wise as I before rehearsed. They brought in also the custome of long and statelie sitting at meat, whereby their feasts resembled those ancient pontificall bankets whereof Macrobius speaketh lib. 3. cap. 13. and Plin. lib. 10. cap. 10. and which for sumptuousnesse of fare, long sitting and curiositie shewed in the same, excéeded all other mens feasting, which fondnesse is not yet left with vs, notwithstanding that it proueth verie beneficiall for the physicians, who most abound, where most excesse and misgouernement of our bodies doo appéere, although it be a great expense of time, and worthie of reprehension. For the nobilitie, gentlemen, and merchantmen, Long sitting reprehended. especiallie at great méetings doo sit commonlie till two or three of the clocke at afternoone, so that with manie is an hard matter, to rise from the table to go to euening praier, and returne from thence to come time inough to supper. For my part I am persuaded that the purpose of the Normans at the first was to reduce the ancient Roman order or Danish custome in féeding once in the daie, and toward the euening, as I haue red and noted. And indéed the Romans had such a custome, and likewise the Grecians, as may appeere by the words of Socrates, who said vnto the Atheniens, "Oriente sole consilium, occidente conuiuium est cogitandum," although a little something was allowed in the morning to yoong children which we now call a breakefast. Plato called the Siciliens monsters, for that they vsed to eat twise in the daie. Among the Persians onelie the king dined when the sunne was at the highest, and shadow of the stile at the shortest: the rest (as it is reported) went alwaies but once to meat when their stomachs craued it, as the Canariens and Indians doo in my time (who if appetite serue refuse not to go to meat at anie houre of the night) and likewise the ancient Caspians. Yet Arhianus noteth it as a rare thing li. 4. cap. 16. that the Tyrhenians had taken vp an ill custome to féed twise in a daie. Howbeit at the last they fell generallie to allow of suppers toward the setting of the sunne in all places, bicause they would haue their whole familie to go to meat togither, and wherevnto they would appoint their guests to come at a certeine length of the shadow, to be perceiued in their dials. And this is more to be noted of antiquitie, that if anie man (as Plutarch saith) did féed before that time, he incurred a note of reprehension as if he had beene gluttonous and giuen vnto the bellie, 8. Sympos. 6. Their slaues in like sort were glad, when it grew to the tenth foot, for then were they sure soone after to go to meat. In the scripture we read of manie suppers & few dinners, onelie for that dining was not greatlie vsed in Christs time, but taken as a thing latelie sproong vp, when pampering of the bellie began to take hold, occasioned by idlenes and great abundance of riches. It is pretie to note in Iuuenal, how he * That is at thrée of the clocke at afternoone. taunteth Marius for that he gaue himselfe to drinke before the *ninth [Page 288] houre of the daie: for thinking three houres to be too little for the filling of his bellie, he began commonlie at eight, which was an houre too soone. Afterwards when gurmandise increased yet more amongst the Romans, and from them was dispersed vnto all nations vnder their subiection, it came to passe that six houres onlie were appointed to worke and consult in, and the other six of the daie to feed and drinke in, as the verse saith:

Sex horæ tantùm rebus tribuantur agendis, Viuere post illas, littera Zetha monet.

Wherevnto Maximus Planudes (except my memorie faile me) addeth this scholie after his maner, saieng that from morning vnto noone (which is six of the clocke after the vnequall accompt) each one dooth trauell about his necessarie affaires, that being doone, he betaketh himselfe to the refreshing of his bodie, which is noted and set downe by the Gréeke letters of the diall (wherewith the Romane horologies were marked, as ours be with their numerall letters) whereby the time is described; for those which point 7, 8, 9 and 10 are written with ξ η θ ι and being ioined yéeld ξηθι, which in English signified so much as liue, as if they should meane, eat that thou maist liue. But how Martial diuided his daie, and with him the whole troope of the learned & wiser sort, these verses following doo more euidentlie declare: Li. 4. epig. 8.

Prima salutantes, atque altera continet horas, Exercet raucos tertia causidicos. In quintam varios extendit Roma labores, Sexta quies lassis, septima finis erit. Sufficit in nonam nitidis octaua palestris, Imperat extructos frangere nona thoros. Hora libellorum decima est Eupheme meorum, Temperat Ambrosias cum tua cura dapes. Et bonus æthereo laxatur Nectare Cæsar, Ingentíque tenet pocula parca manu. Tunc admitte iocos: gressu timet ire licenti, Ad matutinum nostra Thaleia Iouem.

Thus we sée how the ancient maner of the Gentils was to féed but once in the daie, and that toward night, till gluttonie grew on and altered this good custome. I might here remember also their maner in pulling off their shooes when they sat downe to meat, whereof Martial saith:

Deposui soleas, affertur protinus ingens Inter lactucas oxygarmúq; liber, &c.

And Tullie also remembreth where he saith Seruum à pedibus ad te misi, which office grew of the said custome, as Seruus ad limina did of kéeping the doore, though in most houses both these were commonlie one mans office, also Ad pocula of attending on the cup. But bicause the good writers of our time haue obserued these phrases and such like with their causes and descriptions, in their infinite and seuerall treatises, I shall not need to discourse anie farther vpon them. With vs the nobilitie, gentrie, and students, doo ordinarilie go to dinner at eleuen before noone, and to supper at fiue, or betweene fiue and six at afternoone. The merchants dine and sup seldome before twelue at noone, and six at night especiallie in London. The husbandmen dine also at high noone as they call it, and sup at seuen or eight: but out of the tearme in our vniuersities the scholers dine at ten. As for the poorest sort they generallie dine and sup when they may, so that to talke of their order of repast, it were but a néedlesse matter. I might here take occasion also to set downe the varietie vsed by antiquitie in their beginnings of their diets, wherin almost euerie nation had a seuerall fashion, some beginning of custome (as we doo in summer time) with salets at supper, and some ending with lettice, some making their entrie with egs, and shutting vp their tables with mulberies, as we doo with [Page 289] fruit and conceits of all sorts. Diuerse (as the old Romans) began with a few crops of rue, as the Venetians did with the fish called Gobius, the Belgies with butter (or as we doo yet also) with butter and egs vpon fish daies. But whereas we commonlie begin with the most grosse food, and end with the most delicate, the Scot thinking much to leaue the best for his meniall seruants maketh his entrance at the best, so that he is sure therby to leaue the worst. We vse also our wines by degrees, so that the hotest commeth last to the table, but to stand vpon such toies would spend much time, and turne to small profit, wherfore I will deale with other things more necessarie for this turne.

OF THEIR APPARELL AND ATTIRE. CHAP. VII.

An Englishman, indeuoring sometime to write of our attire, made sundrie platformes for his purpose, supposing by some of them to find out one stedfast ground whereon to build the summe of his discourse. But in the end (like an oratour long without exercise) when he saw what a difficult péece of worke he had taken in hand, he gaue ouer his trauell, and onelie drue the picture of a naked man, vnto whome he gaue a paire of sheares in the one hand, and a peece of cloth in the other, to the end he should shape his apparell after such fashion as himselfe liked, sith he could find no kind of garment that could please him anie while Andrew Beerd. togither, and this he called an Englishman. Certes this writer (otherwise being a lewd popish hypocrite and vngratious priest) shewed himselfe herein not to be altogether void of iudgement, sith the phantasticall follie of our nation, euen from the courtier to the carter is such, that no forme of apparell liketh vs longer than the first garment is in the wearing, if it continue so long and be not laid aside, to receiue some other trinket newlie deuised by the fickle headed tailors, who couet to haue seuerall trickes in cutting, thereby to draw fond customers to more expense of monie. For my part I can tell better how to inueigh against this enormitie, than describe anie certeintie of Strange cuts. our attire: sithence such is our mutabilitie, that to daie there is none to the Spanish guise, to morrow the French toies are most fine and delectable, yer long no such apparell as that which is after the high Alman fashion, by and by the Turkish maner is generallie best liked of, otherwise the Morisco gowns, the Barbarian sléeues, the mandilion worne to Collie weston ward, and the short French breches make such a comelie vesture, that except it were a dog in a doublet, you shall not sée anie so disguised, as are my countrie men of England. And as these fashions are diuerse, so likewise it is a world to see the costlinesse and the curiositie: the excesse and the vanitie: the pompe and the brauerie: the change and the varietie: and finallie the ficklenesse and the follie that is in all degrees: in somuch that nothing is more constant in Much cost vpon the bodie, and little vpon the soule. England than inconstancie of attire. Oh how much cost is bestowed now adaies vpon our bodies and how little vpon our soules! how manie sutes of apparell hath the one and how little furniture hath the other? how long time is asked in decking vp of the first, and how little space left wherin to féed the later? how curious, how nice also are a number of men and women, and how hardlie can the tailor please them in making it fit for their bodies? how manie times must it be sent backe againe to him that made it? what chafing, what fretting, what reprochfull language doth the poore workeman beare awaie? and manie times when he dooth nothing to it at all, yet when it is brought home againe it is verie fit and handsome; then must we put it on, then must the long seames of our hose be set by a plumb-line, then we puffe, then we blow, and finallie sweat till we drop, that our clothes may stand well vpon vs. I will saie nothing of our heads, which sometimes are polled, sometimes curled, or suffered to grow at length like womans lockes, manie times cut off aboue or vnder the eares round as by a woodden dish. Neither will I meddle Beards. with our varietie of beards, of which some are shauen from the chin like those of Turks, not a few cut short like to the beard of marques Otto, [Page 290] some made round like a rubbing brush, other with a pique de vant (O fine fashion!) or now and then suffered to grow long, the barbers being growen to be so cunning in this behalfe as the tailors. And therefore if a man haue a leane and streight face, a marquesse Ottons cut will make it broad and large; if it be platter like, a long slender beard will make it séeme the narrower; if he be wesell becked, then much heare left on the chéekes will make the owner looke big like a bowdled hen, and so grim as a goose, if Cornelis of Chelmeresford saie true: manie old men doo weare no beards at all. Some lustie courtiers also and gentlemen of courage, doo weare either rings of gold, stones, or pearle in their eares, whereby they imagine the workemanship of God not to be a little amended. But herein they rather disgrace than adorne their persons, as by their nicenesse in apparell, for which I saie most nations doo not vniustlie deride vs, as also for that we doo séeme to imitate all nations round about vs, wherein we be like to the Polypus or Chameleon; and therevnto bestow most cost vpon our arses, & much more than vpon all Excesse in women. the rest of our bodies, as women doo likewise vpon their heads and shoulders. In women also it is most to be lamented, that they doo now farre excéed the lightnesse of our men (who neuerthelesse are transformed from the cap euen to the verie shoo) and such staring attire as in time past was supposed méet for none but light housewiues onelie, is now become an habit for chast and sober matrones. What should I saie of their doublets with pendant codpéeses on the brest full of iags & cuts, and sléeues of sundrie colours? their galligascons to beare out their bums & make their attire to sit plum round (as they terme it) about them? their fardingals, and diuerslie coloured nether stocks of silke, ierdseie, and such like, whereby their bodies are rather deformed than commended? I haue met with some of these trulles in London so disguised, that it hath passed my skill to discerne whether they were men or women.

Thus it is now come to passe, that women are become men, and men transformed into monsters: and those good gifts which almightie God hath giuen vnto vs to reléeue our necessities withall (as a nation turning altogither the grace of God into wantonnesse, for

Luxuriant animi rebus plerunque secundis)

not otherwise bestowed than in all excesse, as if we wist not otherwise how to consume and wast them. I praie God that in this behalfe our sinne Ezech. 16. be not like vnto that of Sodoma and Gomorha, whose errors were pride, excesse of diet, and abuse of Gods benefits aboundantlie bestowed vpon them, beside want of charitie toward the poore, and certeine other points which the prophet shutteth vp in silence. Certes the common-wealth cannot be said to florish where these abuses reigne, but is rather oppressed by vnreasonable exactions made vpon rich farmers, and of poore tenants, wherewith to mainteine the same. Neither was it euer merier with England, than when an Englishman was knowne abroad by his owne cloth, and contented himselfe at home with his fine carsie hosen, and a meane slop: his coat, gowne, and cloake of browne blue or puke, with some pretie furniture of veluet or furre, and a doublet of sad tawnie, or blacke veluet, or other comelie silke, without such cuts and gawrish colours as are worne in these daies, and neuer brought in but by the consent of the French, who thinke themselues the gaiest men, when they haue most diuersities of iagges and change of colours about Attire of merchants. them. Certes of all estates our merchants doo least alter their attire, and therefore are most to be commended: for albeit that which they weare be verie fine and costlie, yet in forme and colour it representeth a great péece of the ancient grauitie apperteining to citizens and burgesses, albeit the yoonger sort of their wiues both in attire and costlie housekeeping can not tell when and how to make an end, as being women in déed in whome all kind of curiositie is to be found and seene, and in farre greater measure than in women of higher calling. I might here name a sort of hewes deuised for the nonce, wherewith to please phantasticall heads, as gooseturd gréene, pease porridge tawnie, popingaie blue, lustie gallant, the diuell in the head (I should saie the hedge) and such like: but I passe them ouer thinking it sufficient to haue said thus much of apparell generallie, when nothing can particularlie be spoken of anie constancie thereof.

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OF THE HIGH COURT OF PARLEMENT, AND AUTHORITIE OF THE SAME. CHAP. VIII.

In speaking of parlement lawe, I haue in the chapiter precedent said somewhat of this high and most honorable court. Wherefore it shall not néed to remember ought héere that is there touched: I will onelie speake of other things therefore concerning the estate of assemblie, whereby the magnificence thereof shall be in some part better knowne vnto such as shall come after vs. This house hath the most high and absolute power of the realme, for thereby kings and mightie princes haue from time to time béene deposed from their thrones, lawes either enacted or abrogated, offendors of all sorts punished, and corrupted religion The parlement house diuideth the estate of the realme into nobilitie and the commons. either dissanulled or reformed, which commonlie is diuided into two houses or parts, the higher or vpper house consisting of the nobilitie, including all euen vnto the baron and bishop: the lower called the nether house of knights, squires, gentlemen, and burgesses of the commons, with whome also the inferior members of the cleargie are ioined, albeit they sit in diuerse places, and these haue to deale onelie in matters of religion, till it come that they ioine with the rest in confirmation of all such acts as are to passe in the same. For without the consent of the thrée estates, that is, of the nobilitie, cleargie, and laietie, sildome anie thing is said to be concluded vpon, and brought vnto the prince for his consent and allowance. To be short, whatsoeuer the people of Rome did in their Centuriatis or Tribunitijs comitijs, the same is and may be doone by authoritie of our parlement house, which is the head and bodie of all the realme, and the place wherein euerie particular person is intended to be present, if not by himselfe, yet by his aduocate or atturneie. For this cause also any thing ther enacted is not to be misliked, but obeied of all men without Time of summons. contradiction or grudge. By the space of fortie dais, before this assemblie be begun, the prince sendeth his writs vnto all his nobilitie particularlie, summoning them to appeare at the said court. The like he doth to the shiriffe of euerie countie; with commandement to choose two knights within ech of their counties, to giue their aduise in the name of the shire, likewise to euerie citie and towne, that they may choose their burgesses, which commonlie are men best skilled in the state of their citie or towne, either for the declaration of such benefits as they want, or to shew which waie to reforme such enormities as thorough the practises of ill members are practised and crept in among them: the first being chosen by the gentlemen of the shire, the other by the citizens and burgesses of euerie citie and towne, whereby that court is furnished. The first daie of the parlement being come, the lords of the Of the vpper house. vpper house, as well ecclesiasticall as temporall, doo attend vpon the prince, who rideth thither in person, as it were to open the doore of their authoritie; and being come into the place, after praiers made, and causes shewed, wherefore some not present are inforced to be absent, each man taketh his place according to his degrée. The house it selfe is curiouslie furnished with tapisterie, and the king being set in his throne, the spirituall lords take vp the side of the house which is on Places of the peeres. the right hand of the prince, and the temporall lords the left, I meane, so well dukes and earles, as viscounts and barons, as I before remembred. In the middest and a pretie distance from the prince, lie certeine sackes stuffed with wooll or haire, wheron the iudges of the realme, the master of the rols, and secretaries of estate doo sit. Howbeit these iudges haue no voice in the house, but onelie shew what their opinion is of such & such matters as come in question among the lords, if they be commanded so to doo: as the secretaries are to answer such letters or things passed in the councell, whereof they haue the custodie & knowledge. Finallie, the consent of this house is giuen by each man seuerallie, first for himselfe being present, then seuerallie for so manie as he hath letters & proxies directed vnto him, saieng onelie; Content or Not content, without any further debating. Of the number assembled in the lower house, I haue alreadie made a generall report in the chapter precedent, and their particulars shall follow here [Page 292] Of the lower house. Speaker. at hand. These therefore being called ouer by name do choose a speaker, who is as it were their mouth, and him they present vnto the prince, in whom it is either to refuse or admit him by the lord chancellor, who in the princes name dooth answer vnto his oration, made at his first entrance & presentation into the house, wherein he declareth the good liking that the king hath conceiued of his choise vnto that office & Petitions of the speaker. function. Being admitted, he maketh fiue requests vnto that honorable assemblie, first that the house may (as in times past) inioy hir former liberties and priuileges: secondlie, that the congregates may frankelie shew their minds vpon such matters as are to come in question: thirdlie, that if anie of the lower house doo giue anie cause of offense during the continuance of this assemblie, that the same may inflict such punishment vpon the partie culpable, as to the said assemblie shall be thought conuenient: fourthlie, if anie doubt should arise among them of the lower house, that he in their name might haue frée accesse and recourse vnto his maiestie & lords of the higher house, to be further instructed and resolued in the same: fiftlie and last, he craueth pardon for himselfe, if in his going to and fro betweene the houses, he forget or mistake anie thing, requiring that he may returne and be better informed in such things as he did faile in without offense: vnto which petitions the lord chancellor dooth answer as apperteineth, and this is doone on the first daie, or peraduenture the second, if it could not be conuenientlie performed in the first.

Clerke of the parlement. Beside the lord chancellor there is another in the vpper house called the clerke of the parlement, whose office is to read the billes. For euerie thing that commeth in consultation in either house, is first put in writing in paper, which being read, he that listeth riseth vp and speaketh either with it or against it, and so one after another so long as they shall thinke good; that doone they go to another, and so to the third, &c: the instrument still wholie or in part raced or reformed, as cause moueth for the amendment of the same if the substance be reputed necessarie. In the vpper house the lord chancellor demandeth if they will haue it ingrossed, that is to saie, put in parchment, which doone, it is read the third time, & after debating of the matter to and fro if the more part doo conclude withall, vpon the vtterance of these words, "Are ye contented that it be enacted or no?" the clerke writeth vnderneath "Soit baille aux commons," and so when they sée time they send such billes approued to the commons by some of them that sit on the wooll sackes, who comming into the house, & demanding licence to speake, doo vse this kind of words or the like to the speaker, as sir Thomas Smith dooth deliuer and set them downe, whose onelie direction I vse, and almost word for word in this chapter, requiting him with the like borowage as he hath vsed toward me in his discourse of the sundrie degrées of estates in the common-wealth of England, which (as I hope) shall be no discredit to his trauell. "Master speaker, my lords of the vpper house haue passed amongst them, and thinke good that there should be enacted by parlement such an act, and such an act (reading their titles in such sort as he receiued them) they praie you therefore to consider & shew your aduise vpon them." Which doone they go their waie, and the doore being shut after them, the speaker declareth what message was sent vnto them, and if they be then void of consultation vpon anie other bill, he presentlie demandeth what their pleasures are, first of one, then of another, &c: which are solemnelie read, or their contents bréeflie shewed and then debated vpon among them.

Of the nether house. The speaker sitteth in a chaire erected somewhat higher than the rest, that he may sée and be séene of all men, and before him on a lower seat sitteth his clerke, who readeth such bils as be first propounded in the lower house, or sent downe from the lords: for in that point each house hath equall authoritie to propound what they thinke méet, either for the abrogation of old or making of new lawes. All bils be thrise and on diuerse daies read and disputed vpon before they come to the question, which is, whether they shall be enacted or not; and in discourse vpon them, verie good order is vsed in the lower house, wherein he that will speake giueth notice thereof by standing vp bare headed. If manie stand vp at once (as now & then it happeneth) he speaketh first that was first seene to moue out of his place, and telleth his tale vnto the speaker, without rehersall of his name whose speches he meaneth to confute, so that with a perpetuall oration & not with altercation these discourses [Page 293] are continued. But as the partie confuted may not replie on that daie, so one man can not speake twise to one bill in one daie though he would change his opinion, but on the next he may speake againe, & yet but once as afore. No vile, seditious, vnreuerent or biting words are vsed in this assemblie, yet if anie happen to escape and be vttered, the partie is punished according to the censure of the assemblie and custome in that behalfe. In the afternoone they sit not except vpon some vrgent occasion, neither hath the speaker anie voice in that house, wherewith to moue or dissuade the furtherance or staie of anie bill, but his office is vpon the reading thereof breeflie to declare the contents. If anie bill passe, which commeth vnto them from the lords, it is thus subscribed, "Les commons ont assentus:" so if the lords agree vpon anie bill sent vnto them from the commons, it is subscribed after this maner, "Les seigniours ont assentus." If it be not agreed on after thrise reading, there is conference required and had betwéene the vpper and nether houses, by certeine appointed for that purpose vpon the points in question, wherevpon if no finall agréement by the more part can be obteined, the bill is dashed and reiected, or (as the saieng is) cleane cast out of the doores. None of the nether house can giue his voice by proxie but in his owne person, and after the bill twise read, then ingrossed and the third time read againe & discoursed vpon, the speaker asketh if they will go to the question, whervnto if they agree he holdeth vp the bill & saith; "So manie as will haue this bill go forward saie Yea:" hervpon so manie as allow of the thing crie Yea, the other No, & as the crie is more or lesse on either side, so is the bill to staie or else go forward. If the number of negatiue and affirmatiue voices seeme to be equall, so manie as allow of the bill go downe withall, the rest sit still, and being told by the poll the greater part doo carrie away the matter. If something be allowed and in some part reiected, the bill is put to certeine committées to be amended, & then being brought in againe, it is read and passeth or staieth as the voices yéeld therto. This is the order of the passage of our lawes, which are not ratified till both houses haue agréed vnto them, and yet not holden for law till the prince haue giuen his assent. Vpon the last daie therfore of the parlement or session, the prince commeth in person againe into the house, in his robes as at the first. Where after thanks giuen to the prince, first in the name of the lords by the lord chancellor, then in the name of the commons by the speaker for his great care of the welfare of his realme, &c: the lord chancellor in the princes name giueth thanks to the lords & commons likewise for their paines, with promise of recompense as opportunitie & occasion shall serue therefore. This doone one readeth the title of euerie act passed in that session, and then it is noted vpon them what the prince doth allow of with these words, "Le roy veult." If the prince like not of them, it is written vpon them "Le roy aduisera." And so those acts are dashed, as the other from thencefoorth are taken and holden for law, and all imprinted except such as concerne some priuat persons, which are onelie exemplified vnder the seale of the parlement, as priuileges to his vse. And this is the summe of the maner after which our parlements in England are holden, without which no forfaiture of life, member or lands of anie Englishman, where no law is ordeined for the same before hand, is auailable or can take place amongst vs. And so much in maner out of the third chapiter of the second booke of the common-wealth of England written by sir Thomas Smith: whervnto I will annex a table of the counties, cities, boroughs and ports, which send knights, burgesses, and barons to the parlement house, and dooth insue as followeth.

[Page 294]

THE NAMES OF COUNTIES, CITIES, BOROUGHS, AND PORTS, SENDING KNIGHTS, CITIZENS, BURGESSES, AND BARONS TO THE PARLEMENT OF ENGLAND.

Bedford.

Knights. 2

The borough of Bedford. 2

Buckingham.

Knights. 2

The borough of Buckingham. 2

The borough of Wickombe. 2

The borough of Ailesburie. 2

Barckeshire.

Knights. 2

The borough of New Windsore. 2

The borough of Reading. 2

The borough of Wallingford. 2

The borough of Abington. 2

Cornewall.

Knights. 2

The borough of Launceston aliàs Newport. 2

The borough of Leskerd. 2

The borough of Lostwithiell. 2

The borough of Dunheuet. 2

The borough of Truro. 2

The borough of Bodmin. 2

The borough of Helston. 2

The borough of Saltash. 2

The borough of Camelford. 2

The borough of Portighsam aliàs Portlow. 2

The borough of Graunpount.

The borough of Eastlow. 2

The borough of Prurie. 2

The borough of Tregonie. 2

The borough of Trebenna aliàs Bossinnie. 2

The borough of S. Ies. 2

The borough of Fowaie. 2

The borough of Germine. 2

The borough of Michell. 2

The borough of saint Maries. 2

Cumberland.

Knights. 2

The citie of Caerleill. 2

Cambridge.

Knights. 2

The borough of Cambridge. 2

Chester.

Knights. 2

The citie of Chester. 2

Darbie.

Knights. 2

The borough of Darbie. 2

Deuon.

Knights. 2

The citie of Excester. 2

The borough of Totnes. 2

The borough of Plimmouth. 2

The borough of Bardnestable. 2

The borough of Plimton. 2

The borough of Tauestocke. 2

The borough of Dartmouth, Clifton, and Herdines. 2

Dorsetshire.

Knights. 2

The borough of Poole. 2

The borough of Dorchester. 2

The borough of Linne. 2

The borough of Melcombe. 2

The borough of Waiemouth. 2

The borough of Bureport. 2

The borough of Shaftesburie. 2

The borough of Warham. 2

Essex.

Knights. 2

The borough of Colchester. 2

The borough of Malden. 2

Yorkeshire.

Knights. 2

The citie of Yorke. 2

The borough of Kingston vpon Hull. 2

The borough of Knaresborough. 2

The borough of Skardborough. 2

The borough of Rippon. 2

The borough of Hudon. 2

The borough of Boroughbridge. 2

The borough of Thuske. 2

The borough of Aldebrough. 2

The borough of Beuerleie. 2

Glocestershire.

Knights. 2

The citie of Glocester. 2

The borough of Cirencester. 2

Huntingtonshire.

Knights. 2

The borough of Huntingdon. 2

Hertfordshire.[Page 295]

Knights.2

The borough of saint Albons. 2

Herefordshire.

Knights. 2

The citie of Hereford. 2

The borough of Lempster. 2

Kent.

Knights. 2

The citie of Canturburie. 2

The citie of Rochester. 2

The borough of Maidstone. 2

The borough of Quinborough. 2

Lincolne.

Knights. 2

The citie of Lincolne. 2

The borough of Bostone. 2

The borough of great Grinesbie. 2

The borough of Stamford. 2

The borough of Grantham. 2

Leicestershire.

Knights. 2

The borough of Leicester. 2

Lancastershire.

Knights. 2

The borough of Lancaster. 2

The borough of Preston in Andernes. 2

The borough of Liuerpoole. 2

The borough of Newton. 2

The borough of Wigan. 2

The borough of Clithero. 2

Middlesex.

Knights. 2

The citie of London. 4

The citie of Westminster. 2

Monmouth.

Knights. 2

The borough of Monmouth. 1

Northhampton.

Knights. 2

The citie of Peterborough. 2

The borough of Northhampton. 2

The borough of Barkleie. 2

The borough of Higham Ferres. 1

Notingham.

Knights. 2

The borough of Notingham. 2

The borough of Estreatford. 2

Norffolke.

Knights. 2

The citie of Norwich. 2

The borough of Linne. 2

The borough of great Iernemouth. 2

The borough of Thetford. 2

The borough of castell Rising. 2

Northumberland.

Knights. 2

The borough of New castell vpon Tine. 2

The borough of Morpeth. 2

The borough of Barwike. 2

Oxford.

Knights. 2

The citie of Oxford. 2

The borough of Bamburie. 2

The borough of Woodstocke. 2

Rutland.

Knights. 2

Surreie.

Knights. 2

The borough of Southwarke. 2

The borough of Blechingleigh. 2

The borough of Rigate. 2

The borough of Guildford. 2

The borough of Gatton. 2

Stafford.

Knights. 2

The citie of Lichfield. 2

The borough of Stratford. 2

The borough of New castell vnder Linne. 2

The borough of Tamworth. 2

Salop.

Knights. 2

The borough of Salop. 2

The borough of Bruges aliàs Bridgenorth. 2

The borough of Ludlow. 2

The borough of Wenlocke. 2

Southhampton.

Knights. 2

The citie of Winton. 2

The borough of Southhampton. 2

The borough of Portesmouth. 2

The borough of Peterfield. 2

The borough of Stockebridge. 2

The borough of Christ church. 2

Suffolke.

Knights. 2

The borough of Ippeswich. 2

The borough of Dunwich. 2[Page 296]

The borough of Ortford. 2

The borough of Aldeborough. 2

The borough of Sudburie. 2

The borough of Eya.2

Summerset.

Knights. 2

The citie of Bristow. 2

The citie of Bath. 2

The citie of Welles. 2

The borough of Taunton. 2

The borough of Bridgewater. 2

The borough of Minehed. 2

Sussex.

Knights. 2

The citie of Chichester. 2

The borough of Horsham. 2

The borough of Midhurst. 2

The borough of Lewes. 2

The borough of Shorham. 2

The borough of Brember. 2

The borough of Stening. 2

The borough of Eastgrenesteed. 2

The borough of Arundell. 2

Westmerland.

Knights. 2

The borough of Appulbie. 2

Wilton.

Knights. 2

The citie of New Sarum. 2

The borough of Wilton. 2

The borough of Dounton. 2

The borough of Hindon. 2

The borough of Heitesburie. 2

The borough of Westburie. 2

The borough of Calne. 2

The borough of Deuises. 2

The borough of Chipenham. 2

The borough of Malmesburie. 2

The borough of Cricklade. 2

The borough of Budwin. 2

The borough of Ludgesale. 2

The borough of Old Sarum. 2

The borough of Wotton Basset. 2

The borough of Marleborough. 2

Worcester.

Knights.2

The citie of Worcester. 2

The borough of Withée. 2

Warwike.

Knights.2

The citie of Couentrie. 2

The borough of Warwike. 2

Barons of the ports.

Hastings. 2

Winchelseie. 2

Rie. 2

Rumneie. 2

Hithe. 2

Douer. 2

Sandwich.2

Mountgomerie.

Knights. 1

The borough of Mountgomerie. 1

Flint.

Knights. 1

The borough of Flint. 1

Denbigh.

Knights. 1

The borough of Denbigh. 1

Merionneth.

Knights. 1

The borough of Hauerfordwest. 1

Carneruan.

Knights. 1

The borough of Carneruan. 1

Angleseie.

Knights. 1

The borough of Beaumares. 1

Carmarden.

Knights.1

The borough of new Carmarden. 1

Pembroke.

Knights. 1

The borough of Pembroke. 1

Cairdigan.

Knights. 1

The borough of Cairdigan. 1

Brecknoch.

Knights. 1

The borough of Brecknoch. 1

Radnor.

Knights. 1

The borough of Radnor. 1

Glamorgan.

Knights. 1

The borough of Cardiffe. 1

[Page 297]

¶ The summe of the foresaid number of the common house videlicet, of

Knights. 90.

Citizens.46.

Burgesses. 289.

Barons. 14. ——

439. ——

OF THE LAWES OF ENGLAND SINCE HIR FIRST INHABITATION. CHAP. IX.

Samothes. That Samothes or Dis gaue the first lawes to the Celtes (whose kingdome he erected about the fiftéenth of Nimbrote) the testimonie of Berosus is proofe sufficient. For he not onelie affirmeth him to publish the same in the fourth of Ninus, but also addeth thereto, how there liued none in his daies of more excellent wisdome, nor politike inuention than he, whereof he was named Samothes, as some other do affirme. What his lawes were, it is now altogither vnknowne, as most things of this age; but Albion. that they were altered againe at the comming of Albion, no man can absolutelie denie, sith new lords vse commonlie to giue new lawes, and conquerors abolish such as were in vse before them.

Brute. The like also may be affirmed of our Brute, notwithstanding that the certeine knowledge so well of the one as of the other is perished, and nothing worthie memorie left of all their dooings. Somewhat yet we haue Mulmutius. of Mulmutius, who not onelie subdued such princes as reigned in this land, but also brought the realme to good order, that long before had béene torne with ciuill discord. But where his lawes are to be found, and which they be from other mens, no man liuing in these daies is able to determine.

Certes, there was neuer prince in Britaine, of whome his subiects conceiued better hope in the beginning, than of Bladudus, and yet I read of none that made so ridiculous an end: in like sort there hath not reigned anie monarch in this Ile, whose waies were more feared at the The praise of Dunwallon. first, than those of Dunwallon (king Henrie the fift excepted) and yet in the end he prooued such a prince, as after his death there was in maner no subiect, that did not lament his funerals. And this onelie for his policie in gouernance, seuere administration of iustice, and prouident framing of his lawes and constitutions, for the gouernment of his subiects. His people also, coueting to continue his name vnto posteritie, intituled those his ordinances according to their maker, calling them by the name of the lawes of Mulmutius, which indured in execution among the Britons, so long as our homelings had the dominion of this Ile. Afterward when the comeling Saxons had once obteined the superioritie of the kingdom, the maiestie of those lawes fell for a time into such decaie, that although "Non penitùs cecidit, tamen potuit cecidisse videri," as Leland saith, and the decrées themselues had vtterlie perished in déed at the verie first brunt, had they not beene preserued in Wales, where they remained amongst the relikes of the Britons, & not onlie vntill the comming of the Normans, but euen vntill the time of Edward the first, who obteining the souereigntie of that portion, indeuoured verie earnestlie to extinguish those of Mulmutius, and to establish his owne.

But as the Saxons at their first arriuall did what they could to abolish the British lawes, so in processe of time they yéelded a little to relent, & not so much to abhorre and mislike of the lawes of Mulmutius, as to receiue and imbrace the same, especiallie at such time as the said Saxon princes entered into amitie with the British nobilitie, and after that began to ioine in matrimonie with the British ladies, as the British barons did with the Saxon frowes, both by an especiall statute and decrée, wherof in another treatise I haue made mention at large. Héerof also it came to passe in the end, that they were contented to [Page 298] make a choise, and insert no small numbers of them into their owne volumes, as may be gathered by those of Athelbert the great, surnamed king of Kent, Inas and Alfred kings of the west Saxons, and diuerse other yet extant to be séene. Such also was the lateward estimation of them, that when anie of the Saxon princes went about to make new ordinances, they caused those of Mulmutius (which Gildas sometime translated into Latine) to be first expounded vnto them, and in this perusall if they found anie there alreadie framed, that might serue their turnes, they foorthwith reuiued the same, and annexed them to their owne.

But in this dealing, the diligence of Alfred is most of all to be commended, who not onelie chose out the best, but gathered togither all such whatsoeuer the said Mulmutius had made: and then to the end they should lie no more in corners as forlorne bookes, and vnknowne to the learned of his kingdome, he caused them to be turned into the Saxon toong, wherein they continued long after his decease.

As for the Normans, who for a season neither regarded the British, nor cared for the Saxon statutes, they also at the first vtterlie misliked of them, till at the last, when they had well weied that one kind of regiment is not conuenient for all peoples, and that no stranger, being in a forren countrie newlie brought vnder obedience, could make such equall ordinances, as he might thereby gouerne his new common-wealth without some care & trouble: they fell in with such a desire to sée by what rule the state of the land was gouerned in time of the Saxons, that hauing perused the same, they not onelie commended their maner of regiment, but also admitted a great part of their lawes (now currant vnder the name of S. Edwards lawes, and vsed as principles and grounds) whereby they not onelie qualified the rigor of their owne, and mitigated their almost intollerable burden of seruitude which they had latelie laid vpon the shoulders of the English, but also left vs a great number of the old Mulmutian lawes, whereof the most part are in vse to this daie as I said, albeit that we know not certeinlie how to distinguish them from others, that are in strength amongst vs.

Martia. After Dunwallon, the next lawgiuer was Martia, whome Leland surnameth Proba; and after him Iohn Bale also, who in his Centuries dooth iustlie confesse himselfe to haue béene holpen by the said Leland, as I my selfe doo likewise for manie things conteined in this treatise. Shée was wife vnto Gutteline king of the Britons: and being made protectrix of the realme, after hir husbands deceasse in the nonage of hir sonne, and séeing manie things dailie to grow vp among hir people worthie reformation, she deuised sundrie and those verie politike lawes, for the gouernance of hir kingdome, which hir subiects when she was dead and gone, did name the Martian statutes. Who turned them into Latine, as yet I doo not read, howbeit (as I said before of the lawes of Mulmutius) so the same Alfred caused those of this excellentlie well learned ladie (whome diuerse commend also for hir great knowledge in the Gréeke toong) to be turned into his owne language, wherevpon it came to passe that they were dailie executed among his subiects, afterward allowed of (among the rest) by the Normans, and finallie remaine in vse in these our daies, notwithstanding that we can not disseuer them also verie readilie from the other.

The seuenth alteration of lawes was practised by the Saxons, for I ouerpasse the vse of the ciuill ordinances vsed in Rome, finallie brought hither by the Romans, & yet in perfect notice among the Ciuilians of our countrie, though neuer generallie nor fullie receiued by all the seuerall regions of this Iland. Certes there are great numbers of these later, which yet remaine in sound knowlege, and are to be read, being comprehended for the most part vnder the names of the Martian Law. Saxon Law. Dane Law. Martian and the Saxon law. Beside these also I read of the Dane law, so that the people of middle England were ruled by the first, the west Saxons by the second; as Essex, Norffolke, Suffolke, Cambridgeshire, and part of Herfordshire were by the third, of all the rest the most inequall and intollerable. And as in these daies what soeuer the prince in publike assemblie commanded vpon the necessitie of his subiects, or his owne voluntarie authoritie, was counted for law: so none of them had appointed anie certeine place, wherevnto his people might repaire at fixed times for iustice, but caused them to resort commonlie to their palaces, where in proper person they would often determine their causes, [Page 299] and so make shortest worke, or else commit the same to the hearing of other, and so dispatch them awaie. Neither had they any house appointed to assemble in for the making of their ordinances, as we haue now at Westminster. Wherefore Edmund gaue lawes at London & Lincolne, Ethelred at Habam, Alfred at Woodstock and Wannetting, Athelstane in Excester, Cricklade, Feuersham, & Thundersleie, Canutus at Winchester, &c: other in other places, whereof this may suffice.

Among other things also vsed in the time of the Saxons, it shall not be amisse to set downe the forme of their Ordalian law, which they brought hither with them from beyond the seas out of Scithia, and vsed onelie in the triall of guiltie and vnguiltinesse. Certes it conteined not an ordinarie procéeding by daies and termes, as in the ciuill and common law we sée practised in these daies; but a short dispatch & triall of the matter by fire or water, whereof at this present I will deliuer the circumstance, as I haue faithfullie translated it out of an ancient volume, and conferred with an imprinted copie, latelie published by M. Lambert, and now extant to be read. Neuerthelesse, as the Scithians were the first that vsed this practise, so I read that it was taken vp and occupied also in France in processe of time, yea and likewise in Grecia, as G. Pachymerus remembreth in the first booke of his historie (which beginneth with the empire of M. Paleologus) where he noteth his owne sight and vew in that behalfe. But what stand I herevpon?

Ordalian law. The Ordalian (saith the aforesaid author) was a certeine maner of Fire. purgation vsed two waies, wherof the one was by fire, the other by water. In the execution of that which was doone by fire, the partie accused should go a certeine number of pases, with an hot iron in his hand, or else bare footed vpon certeine plough shares red hot, according to the maner. This iron was sometime of one pound weight, and then was it called single Ordalium, sometimes of thrée, and then named treble Ordalium, and whosoeuer did beare or tread on the same without hurt of his bodie he was adiudged guiltlesse, otherwise if his skin were scorched, he was foorthwith condemned as guiltie of the trespasse whereof he was accused, according to the proportion and quantitie of the burning.

Water. There were in like sort two kinds of triall by the water, that is to say, either by hot or cold: and in this triall the partie thought culpable, was either tumbled into some pond or huge vessell of cold water, wherein if he continued for a season, without wrestling or strugling for life, he was foorthwith acquited as guiltlesse of the fact wherof he was accused: but if he began to plunge, and labour once for breath immediatlie vpon his falling into that liquor, he was by and by condemned as guiltie of the crime. Or else he did thrust his arme vp to the shoulder into a lead, copper, or caldron of seething water, from whence if he withdrew the same without anie maner of damage, he was discharged of further molestation: otherwise he was taken for a trespasser, and punished accordinglie. The fierie maner of purgation belonged onelie to noble men and women, and such as were frée borne: but the husbandmen and villaines were tried by water. Wherof to shew the vnlearned dealing and blind ignorance of those times, it shall not be impertinent to set foorth the whole maner, which continued here in England vntill the time of King Iohn, who séeing the manifold subtilties in the same (by sundrie sorcerous and artificiall practises whereby the working of the said elements were restreined) did extinguish it altogither as flat lewdnesse and bouerie. The Rubrike of the treatise entereth thus: "Here beginneth the execution of iustice, whereby the giltie or vngiltie are tried by hot iron. Then it followeth: After accusation lawfullie made, and three daies spent in fasting and praier, the priest being clad in all his holie vestures, sauing his vestiment, shall take the iron laid before the altar with a paire of tongs, and singing the hymne of the three children, that is to saie, O all ye workes of God the Lord, and in Latine Benedicite omnia opera, &c: he shall carie it solemnelie to the fire (alreadie made for that purpose) and first saie these words ouer the place where the fire is kindled, whereby this purgation shall be made in Latine as insueth: Benedic Domine Deus locum istum, vt sit nobis in eo sanitas, sanctitas, castitas, virtus, & victoria, & sanctimonia, humilitas, bonitas, lenitas, & plenitudo legis, & obedientia Deo patri, & filio, & spiritui sancto. Hæc [Page 300] benedictio sit super hunc locum, & super omnes habitantes in eo. In English: Blesse thou O Lord this place, that it may be to vs health, holinesse, chastitie, vertue, and victorie, purenesse, humilitie, goodnesse, gentlenesse, and fulnesse of the law, and obedience to God the father, the sonne, and the holie ghost. This blessing be vpon this place, and all that dwell in it. Then followeth the blessing of the fire. Domine Deus pater omnipotens, lumen indeficiens, exaudi nos, quia tu es conditor omnium luminum. Benedic Domine hoc lumen, quod ante sanctificatum est, qui illuminasti omnem hominem venientem in hunc mundum (vel mundum) vt ab eo lumine accendamur igne claritatis tuæ. Et sicut igne illuminasti Mosen, ita nunc illumina corda nostra, & sensus nostros, vt ad vitam æternam mereamur peruenire, per Christum, &c. Lord God father almightie, light euerlasting, heare vs, sith thou art the maker of all lights. Blesse O Lord this light, that is alreadie sanctified in thy sight, which hast lightned all men that come into the world (or the whole world) to the end that by the same light we may be lightned with the shining of thy brightnesse. As thou diddest lighten Moses, so now illuminate our hearts, and our senses, that we may deserue to come to euerlasting life, through Christ our, &c. This being ended let him say the Pater noster, &c: then these words: Saluum fac seruum, &c. Mitte ei auxilium Deus, &c. De Sion tuere eum, &c. Dominus vobiscum, &c. That is, O Lord saue thy seruant, &c. Send him helpe O God from thy holie place, &c. Defend him out of Sion, &c. Lord heare, &c. The Lord be with you, &c.

"The praier. Benedic Domine sancte pater, omnipotens Deus, per inuocationem sanctissimi nominis tui, & per aduentum filij tui, atque per donum spiritus paracleti, ad manifestandum verum iudicium tuum, hoc genus metalli, vt sit sanctificatum, & omni dæmonum falsitate procul remota, veritas veri iudicij tui fidelibus tuis manifesta fiat, per eundem Dominum, &c. In English: Blesse we beséech thee O Lord, holie father, euerlasting God, through the inuocation of thy most holie name, by the comming of thy sonne, and gift of the holie ghost, and to the manifestation of thy true iudgement, this kind of mettall, that being hallowed, and all fraudulent practises of the diuels vtterlie remoued, the manifest truth of thy true iudgement may be reuealed, by the same Lord Iesus, &c.

"After this, let the iron be laid into the fire, and sprinkled with holie water, and whilest it heateth, let the priest go to masse, and doo as order requireth: and when he hath receiued the host, he shall call the man that is to be purged (as it is written hereafter) first adiuring him, and then permitting him to communicate according to the maner.

The office of the masse.

"Iustus es Domine, &c. O Lord thou art iust, &c.

The Praier.

"Absolue quæsumus Domine delicta famuli tui, vt à peccatorum suorum nexibus, quæ pro sua fragilitate contraxit, tua benignitate liberetur, & in hoc iudicio quoad meruit, iustitia tua præueniente, ad veritatis censuram peruenire mereatur, per Christum Dominum, &c. That is: Pardon we beséech thée O Lord, the sinnes of thy seruant, that being deliuered from the burden of his offenses, wherewith he is intangled, he may be cleared by thy benignitie, and in this his triall (so far as he hath deserued thy mercie preuenting him) he may come to the knowledge of the truth, by Christ our Lord, &c.

The Gospell. Mar. 10.

"In illo tempore, cùm egressus esset Iesus in via, procurrens quidam genu flexo ante eum, rogabat eum dicens, Magister bone, quid faciam vt vitam æternam percipiam? Iesus autem dixit ei, Quid me dicis bonum? &c. In those daies when Iesus went foorth toward his iourneie, and one méeting him in the waie running, and knéeling vnto him, asked him saieng: [Page 301] Good master what shall I doo that I may possesse eternall life? Iesus said vnto him, Whie callest thou me good? &c. Then followeth the secret, and so foorth all of the rest of the masse. But before the partie dooth communicate, the priest shall vse these words vnto him: Adiuro te per patrem, & filium, & spiritum sanctum, & per veram christianitatem quam suscepisti, & per sanctas relliquias quæ in ista ecclesia sunt, & per baptismum quo te sacerdos regenerauit, vt non præsumas vllo modo communicare, neq; accedere ad altare, si hoc fecisti aut consensisti, &c. I adiure thée by the father, the sonne, and the holie Ghost, by the true christendome which thou hast receiued, by the holie relikes which are in this church, and by the baptisme wherewith the priest hath regenerated thée, that thou presume not by any maner of means to communicate, nor come about the altar, if thou hast doone or The cup yet in vse. consented vnto this, whereof thou art accused, &c. Here let the priest suffer him to communicate, saieng; Corpus hoc, & sanguis Domini nostri Iesu Christi, sit tibi ad probationem hodie. This bodie & this bloud of our Lord Iesus Christ, be vnto thee a triall this daie. The praier: Perceptis Domine Deus noster sacris muneribus, supplices deprecamur, vt huius participatio sacramenti à proprijs nos reatibus expediat, & in famulo tuo veritatis sententiam declaret, &c. Hauing receiued O Lord God these holie mysteries, we humblie beséech thée that the participation of this sacrament may rid vs of our guiltinesse, and in this thy seruant set foorth the truth. Then shall follow Kyrieleson, the Letanie, and certeine Psalmes, and after all them Oremus: Let vs praie. Deus qui per ignem signa magna ostendens, Abraham puerum tuum de incendio Chaldæorum quibusdam pereuntibus eruisti, Deus qui rubum ardere ante conspectum Mosis & minimè comburi permisisti, Deus qui de incendio fornacis Chaldaicis plerisque succensis, tres pueros tuos illæsos eduxisti, Deus qui incendio ignis populum Sodomæ inuoluens, Loth famulum tuum cum suis salute donasti, Deus qui in aduentu sancti spiritus tui, illustratione ignis fideles tuos ab infidelibus decreuisti: ostende nobis in hoc prauitatis nostræ examine virtutem eiusdem spiritus, &c: & per ignis huius feruorem discernere infideles, vt à tactu eius cuius inquisitio agitur, conscius exhorrescat, & manus eius comburatur, innocens verò pœnitus illæsus permaneat, &c. Deus cuius noticiam nulla vnquam secreta effugiunt, fidei nostræ tua bonitate responde, & præsta vt quisquis purgandi se gratia, hoc ignitum tulerit ferrum, vel absoluatur vt innocens, vel noxius detegatur, &c. In English thus: O God, which in shewing great tokens by fire diddest deliuer Abraham thy seruant from the burning of the Chaldeis, whilest other perished; O God which sufferedst the bush to burne in the sight of Moses, and yet not to consume; O God which deliueredst the thrée children from bodilie harme in the fornace of the Chaldeis, whilest diuerse were consumed; O God which by fire didst wrap the people of Sodome in their destruction, and yet sauedst Lot and his daughters from perill; O God which by the shining of thy brightnesse at the comming of the holie ghost in likenesse of fire, diddest separate the faithfull from such as beléeued not: shew vnto vs in the triall of this our wickednesse, the power of the same spirit, &c: and by the heat of this fire discerne the faithfull from the vnfaithfull, that the guiltie whose cause is now in triall, by touching thereof, may tremble and feare, and his hand be burned, or being innocent, that he may remaine in safetie, &c. O God from whome no secrets are hidden, let thy goodnesse answer to our faith, and grant that whosoeuer in this purgation, shall touch and beare this iron, may either be tried an innocent, or reuealed as an offender, &c. After this the priest shall sprinkle the iron with holie water saieng: The blessing of the father, the sonne, and the holie ghost, be vpon this iron, to the reuelation of the iust iudgement of God. And foorthwith let him that is accused beare it, by the length of nine foot, and then let his hand be wrapped and sealed vp for the space of three daies: after this if any corruption or raw flesh appeare where the iron touched it, let him be condemned as guiltie: if it be whole and sound, let him giue thanks to God." And thus much of the firie Ordalia, wherevnto Water. that of the water hath so precise relation, that in setting foorth of the one, I haue also described the other, wherefore it shall be but in vaine to deale anie further withall.

Hitherto also (as I thinke) sufficientlie of such lawes as were in vse before the conquest. Now it resteth that I should declare the order of those, that haue beene made and receiued since the comming of the [Page 302] Normans, referred to the eight alteration or change of our maner of gouernance, and therevnto doo produce thrée score and foure seuerall courts. But for asmuch as I am no lawier, and therefore haue but little skill to procéed in the same accordinglie, it shall suffice to set downe some generall discourse of such as are vsed in our daies, and so much as I haue gathered by report and common heare-saie.

Ciuill law. We haue therefore in England sundrie lawes, and first of all the ciuill, vsed in the chancerie, admeraltie, and diuerse other courts, in some of which, the seuere rigor of iustice is often so mitigated by conscience, that diuerse things are thereby made easie and tollerable, which otherwise would appeare to be méere iniurie and extremitie.

Canon law. We haue also a great part of the Canon law dailie practised among vs, especiallie in cases of tithes, contracts of matrimonie, and such like, as are vsuallie to be séene in the consistories of our bishops and higher courts of the two archbishops, where the exercise of the same is verie hotlie followed. The third sort of lawes that we haue are our owne, & those alwaies so variable, & subiect to alteration and change, that oft in one age, diuerse iudgements doo passe vpon one maner of case, whereby the saieng of the poet,

"Tempora mutantur, & nos mutamur in illis,"

Lawiers of England not alwaies constant in iudgment. may verie well be applied vnto such, as being vrged with these words; In such a yeare of the prince, this opinion was taken for sound law; doo answer nothing else, but that the iudgement of our lawiers is now altered, so that they saie farre otherwise. The regiment that we haue therefore after our owne ordinances, dependeth vpon thrée lawes, to wit, Statute law, Common law, Customarie law, and Prescription, according to the triple maner of our trials and iudgments, which is by parlement, verdict of twelue men at an assise, or wager of battell, of which the last is little vsed in our daies, as no appeale dooth hold in the first and last rehearsed. But to returne to my purpose.

Parlement law. The first is deliuered vnto vs by parlement, which court, being for the most part holden at Westminster néere London, is the highest of all other, & consisteth of three seuerall sorts of people, that is to saie, the nobilitie, cleargie, and commons of this realme. And thereto is not summoned, but vpon vrgent occasion when the prince dooth see his time, and that by seuerall writs, dated commonlie full six wéekes before it begin to be holden. Such lawes as are agreed vpon in the higher house by the lords spirituall and temporall, and in the lower house by the commons and bodie of the realme (whereof the conuocation of the cleargie holden in Powles, or if occasion so require in Westminster church, is a member) there speaking by the mouth of the knights of the shire and burgesses, remaine in the end to be confirmed by the prince, who commonlie resorteth thither of custome, vpon the first and last daies of this court, there to vnderstand what is doone, and giue his roiall consent to such statutes as him liketh of. Comming therefore thither into the higher house, and hauing taken his throne, the speaker of the parlement (for one is alwaies appointed to go betwéene the houses, as an indifferent mouth for both) readeth openlie the matters there determined by the said thrée estates, and then craueth the princes consent and finall confirmation to the same. The king hauing heard the summe and principall points of each estatute brieflie recited vnto him, answereth in French with great deliberation vnto such as he liketh ("Il nous plaist") but to the rest "Il ne plaist," whereby the latter are made void and frustrate. That also which his maiestie liketh of, is hereby authorised, confirmed, & euer after holden for law, except it be repealed in anie the like assemblie. The number of the commons assembled in the lower house, beside the cleargie, Number of congregates in the parlement. consisteth of ninetie knights. For each shire of England hath two gentlemen or knights of greatest wisedome and reputation, chosen out of the bodie of the same for that onelie purpose, sauing that for Wales one onlie is supposed sufficient in euerie countie, whereby the number afore mentioned is made vp. There are likewise fourtie and six citizens, 289 burgesses, and fouretéene barons, so that the whole assemblie of the laitie of the lower house, consisteth of foure hundred thirtie and nine persons, if the iust number be supplied. Of the lawes here made likewise some are penall and restraine the common law, and some againe are found to inlarge the same. The one [Page 303] sort of these also are for the most part taken strictlie according to the letter, the other more largelie and beneficiallie after their intendment and meaning.

Common law. The Common law standeth vpon sundrie maximes or principles, and yeares or termes, which doo conteine such cases as by great studie and solemne argument of the iudges sound practise confirmed by long experience, fetched euen from the course of most ancient lawes made farre before the conquest, and thereto the déepest reach and foundations of reason, are ruled and adiudged for law. Certes these cases are otherwise called plees or action, wherof there are two sorts, the one criminall and the other ciuill. The meanes and messengers also to determine those causes are our writs or bréefes, whereof there are some originall and some iudiciall. The parties plaintiffe & defendant when they appeare procéed (if the case doo so require) by plaint or declaration, barre or answer, replication, reioinder, and so by rebut, surrebut to issue and triall if occasion so fall out, the one side affirmatiuelie, the other negatiuelie as common experience teacheth. Our trials and recoueries are either by verdict and demourre, confession or default, wherein if anie negligence or trespasse hath béene committed, either in processe and forme, or in matter and iudgement, the partie grieued may haue a writ of errour to vndoo the same, but not in the same court where the former iudgement was giuen.

Customarie law consisteth of certeine Customarie law. laudable customes vsed in some priuat countrie, intended first to begin vpon good and reasonable considerations, as gauell kind, which is all the male children equallie to inherit, and continued to this daie in Kent: where it is onelie to my knowledge reteined, and no where else in England. It was at the first deuised by the Romans, as appeareth by Cæsar in his cōmentaries, wherein I find, that to breake and daunt the force of the rebellious Germans, they made a law that all the male children (or females for want of males which holdeth still in England) should haue their fathers inheritance equallie diuided amongst them. By this meanes also it came to passe, that whereas before time for the space of sixtie yeares, they had put the Romans to great and manifold troubles, within the space of thirtie yeares after this law made, their power did wax so feeble, and such discord fell out amongst themselues, that they were not able to mainteine warres with the Romans, nor raise anie iust armie against them. For as a riuer runing with one streame is swift and more plentifull of water than when it is drained or drawne into manie branches: so the lands and goods of the ancestors being dispersed amongst their issue males, of one strong there were raised sundrie weake, whereby the originall or generall strength to resist the aduersarie, became infeebled and brought almost to nothing. "Vis vnita (saith the philosopher) fortior est eadem dispersa," and one good pursse is better than manie euill, and when euerie man is benefited alike, each one will séeke to mainteine his priuate estate, and few take care to prouide for publike welfare.

Burrow kind, is where the yoongest is preferred before the eldest, which is the custome of manie countries of this region; also the woman to haue the third of hir husbands possessions, the husband that marieth an heire to haue such lands as moue by hir during his naturall life, if he suruiue hir, and hath a child by hir which hath béene heard crie thorough foure wals, &c: of such like to be learned elsewhere, and sometimes frequented generallie ouer all.

Prescription. Prescription is a certeine custome, which hath continued time out of minde, but it is more particular than customarie law, as where onelie a parish or some priuat person dooth prescribe to haue common, or a waie in another mans soile, or tithes to be paid after this or that maner, I meane otherwise than the common course and order of the law requireth, whereof let this suffice at this time, in stéed of a larger discourse of our owne lawes, least I should seeme to enter farre into that whereof I haue no skill. For what hath the meditation of the law of God to doo with anie precise knowledge of the law of man, sith they are seuerall trades, and incident to diuerse persons?

There are also sundrie vsuall courts holden once in euerie quarter of Terme. the yeare, which we commonlie call termes, of the Latine word Terminus, wherein all controuersies are determined, that happen within the Quéenes dominions. These are commonlie holden at London, except vpon some great [Page 304] occasion they be transferred to other places. At what times also they are kept both for spirituall and temporall dealing, the table insuing shall easilie declare. Finallie how well they are followed by sutors, the great wealth of lawiers without anie trauell of mine can readilie expresse. For as after the comming of the Normans the nobilitie had the start, and after them the cleargie: so now all the wealth of the land dooth flow vnto our common lawiers, of whome some one hauing practised little aboue thirteene or fourtéene yeares is able to buie a purchase of so manie 1000 pounds: which argueth that they wax rich apace, and will be richer if their clients become not the more wiser & warie hereafter. It is not long, since a sergeant at the law (whome I could name) was arrested vpon an extent, for thrée or foure hundred pounds, and another standing by did greatlie maruell that he could not spare the gaines of one terme for the satisfaction of that dutie. The time hath béene that our lawiers did sit in Powles vpon stooles against the pillers and walles to get clients, but now some of them will not come from their chambers to the Guildhall in London vnder ten pounds or twentie nobles at the lest. And one being demanded why he made so much of his trauell, answered, that it was but follie for him to go so farre, when he was assured to get more monie by sitting still at home. A friend of mine also had a sute of late of some valure, and to be sure of counsell at his time, he gaue vnto two lawiers (whose names I forbeare to deliuer) twentie shillings a peece, telling them of the daie and houre wherein Deceipt. his matter should be called vpon. To be short, they came not vnto the barre at all, whervpon he staied for that daie. On the morrow after he met them againe, increased his former gifts by so much more, and told them of the time, but they once againe serued him as before. In the end he met them both in the verie hall doore, and after some timorous reprehension, of their vncourteous demeanour toward him, he bestowed either thrée angels or foure more vpon each of them, wherevpon they promised peremptorilie to speake earnestlie in his cause. And yet for all this, one of them hauing not yet sucked enough, vtterlie deceiued him: the other in déed came in, and wagging a scroll which he had in his hand before the iudge, he spake not aboue thrée or foure words, almost so soone vttered as a good morrow, and so went from the bar, and this was all the poore man gat for his monie, and the care which his counsellours did séeme to take of his cause, then standing vpon the Manie of our lawiers stoope not at small fées. hazard. But inough of these matters, for if I should set downe how little law poore men can haue for their small fées in these daies, and the great murmurings that are on all sides vttered against their excessiue taking of monie (for they can abide no small gaine) I should extend this treatise into a farre greater volume than is conuenient for my purpose. Wherfore it shall suffice to haue set downe so much of their demeanour, and so much as is euen enough to cause them to looke with somewhat more conscience into their dealings, except they be dull and senselesse.

This furthermore is to be noted, that albeit the princes heretofore reigning in this land haue erected sundrie courts, especiallie of the chancerie at Yorke and Ludlow, for the ease of poore men dwelling in Poore men contentious. those parts, yet will the poorest (of all men commonlie most contentious) refuse to haue his cause heard so néere home, but indeuoureth rather to his vtter vndooing to trauell vp to London, thinking there soonest to preuaile against his aduersarie, though his case be neuer so doubtfull. But in this toie our Welshmen doo excéed of all that euer I heard, for you shall here and there haue some one od poore Dauid of them giuen so much to contention and strife, that without all respect of charges he will vp to London, though he go bare legged by the waie, and carie his hosen on his necke (to saue their feet from wearing) bicause he hath no change. When he commeth there also, he will make such importunate begging of his countrimen, and hard shift otherwise, that he will sometimes carie downe six or seuen writs with him in his pursse, wherewith to molest his neighbor, though the greatest quarrel be scarselie worth the fee that he hath paid for anie one of them. But inough of this, least in reuealing the superfluous follie of a few brablers in this behalfe, I bring no good will to my selfe amongst the Promoters séeke matters to set lawiers on worke withall. wisest of that nation. Certes it is a lamentable case to sée furthermore, how a number of poore men are dailie abused and vtterlie [Page 305] vndoone, by sundrie varlets that go about the countrie, as promoters or brokers betwéene the pettie foggers of the lawe, and the common people, onelie to kindle and espie coales of contention, whereby the one side may reape commoditie, and the other spend and be put to trauell. But of all that euer I knew in Essex, Denis and Mainford excelled, till Iohn of Ludlow, aliàs Mason came in place, vnto whome in comparison they two were but children: for this last in lesse than thrée or foure yeares, did bring one man (among manie else-where in other places) almost to extreame miserie (if beggerie be the vttermost) that before he had the shauing of his beard, was valued at two hundred pounds (I speake with the least) and finallie feeling that he had not sufficient wherwith to susteine himselfe and his familie, and also to satisfie that greedie rauenour, which still called vpon him for new fées, he went to bed, and within foure daies made an end of his wofull life, euen with care and pensiuenesse. After his death also he so handled his sonne, that there was neuer shéepe shorne in Maie, so néere clipped of his fléece present, as he was of manie to come: so that he was compelled to let awaie his land, bicause his cattell & stocke were consumed, and he no longer able to occupie the ground. But hereof let this suffice, & in stéed of these enormities, a table shall follow of the termes conteining their beginnings and endings, as I haue borrowed them from my fréend Iohn Stow, whose studie is the onelie store house of antiquities in my time, and he worthie therefore to be had in reputation and honour.

A man would imagine that the time of the execution of our lawes, being The times of our termes no hinderance to iustice. little aboue one quarter, or not fullie a third part of the yeare, and the appointment of the same to be holden in one place onelie, to wit, neere London in Westminster, and finallie the great expenses emploied vpon the same, should be no small cause of the staie and hinderance of the administration of iustice in this land: but as it falleth out they prooue great occasions and the staie of much contention. The reasons of these are soone to be conceiued, for as the broken sleeue dooth hold the elbow backe, and paine of trauell cause manie to sit at home in quiet; so the shortnesse of time and feare of delaie dooth driue those oftentimes to like of peace, who otherwise would liue at strife, and quickelie be at ods. Some men desirous of gaines would haue the termes yet made shorter, that more delaie might ingender longer sute; other would haue the houses made larger, and more offices erected, wherein to minister the lawes. But as the times of the tearmes are rather too short than too long by one returne a péece: so if there were smaller roomes and fowler waies vnto them, they would inforce manie to make pawses before they did rashlie enter into plée. But sith my purpose is not to make an ample discourse of these things, it shall suffice to deliuer the times of the holding of our termes, which insueth after this manner.

A perfect rule to know the beginning and ending of euerie terme, with their returnes.

Hilarie terme beginneth the three and twentith daie of Ianuarie (if it be not sundaie) otherwise the next daie after, and is finished the twelfe of Februarie, it hath foure returnes.

Octabis Hilarij. Quind. Hilarij. Crastino Purific. Octabis Purific.

¶ Easter terme beginneth seuentéene daies after Easter, endeth foure daies after the Ascension daie, and hath fiue returnes.

Quind. Pasch. Tres Paschæ. Mense. Paschæ. Quinque Paschæ. Crast. Ascention.

¶ Trinitie terme beginneth the fridaie after Trinitie sundaie, and endeth the wednesdaie fortnight after, in which time it hath foure returnes.

Crast. Trinitatis. Octabis Trinitatis. Quind. Trinitatis. Tres Trinitatis.

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¶ Michaelmasse terme beginneth the ninth of October (if it be not sundaie) and ending the eight and twentith of Nouember, it hath eight returnes.

Octabis Michael. Quind. Michael. Tres Michael. Mense Michael. Crast. anima. Crast. Martini. Octa Martini. Quind. Martini.

Note also that the escheker, which is Fiscus ærarium publicum principis, openeth eight daies before anie terme begin, except Trinitie terme, which openeth but foure daies before.

And thus much for our vsuall termes as they are kept for the administration of our common lawes, wherevnto I thinke good to adde the lawdaies accustomablie holden in the arches and audience of Canturburie, with other ecclesiasticall and ciuill courts thorough the whole yeare, or for somuch time as their execution indureth (which in comparison is scarselie one halfe of the time if it be diligentlie examined) to the end each one at home being called vp to answer may trulie know the time of his appearance; being sorie in the meane season, that the vse of the popish calendar is so much reteined in the same, and not rather the vsuall daies of the moneth placed in their roomes, sith most of them are fixed and palter not their place of standing. Howbeit some of our infected lawiers will not let them go awaie so easilie, pretending facilitie and custome of vsage, but meaning peraduenture inwardlie to kéepe a commemoration of those dead men whose names are there remembred.

Michaelmas terme.

S. Faith. S. Edward. S. Luke. Simon & Iu. All Soules. S. Martin. Edmund. Katharine. S. Andrew. Conception of the virgin Marie.

¶ It is to be remembred that the first daie following euerie of these feasts noted in each terme, the court of the arches is kept in Bow church in the forenoone. And the same first daie in the afternoone is the admeraltie court for ciuill and seafaring causes kept in Southwarke, where iustice is ministred & execution doone continuallie according to the same.

The second daie following euerie one of the said feasts, the court of audience of Canturburie is kept in the consistorie in Paules in the forenoone. And the selfe daie in the afternoone, in the same place is the prerogatiue court of Canturburie holden.

The third day after anie such feast in the forenoone, the consistorie court of the bishop of London is kept in Paules church in the said consistorie, and the same third daie in the afternoone is the court of the delegates, and the court of the Quéenes highnesse commissioners vpon appeales is likewise kept in the same place on the fourth daie.

Hilarie terme.

S. Hilarie. S. Wolstan. Conuersion of S. Paule. S. Blase. S. Scolastic. S. Valentine. Ashwednes. S. Matthie. S. Chad. Perpet. & Fel. S. Gregorie. Annūciation of our Ladie.

Note that the foure first daies of this terme be certeine and vnchanged. The other are altered after the course of the yeare, and sometime kept and sometime omitted. For if it so happen that one of those feasts fall on wednesdaie, commonlie called Ashwednesdaie after the daie of S. Blase (so that the same lawdaie after Ashwednesdaie cannot be kept bicause the lawdaie of the other feast dooth light on the same) then the second lawdaie after Ashwednesdaie shall be kept, and the other omitted. And if the lawdaie after Ashwednesdaie be the next daie after the feast of S. Blase, then shall all and euerie court daies be obserued in order, as they may be kept conuenientlie. And marke that although Ashwednesdaie be put the seuenth in order, yet it hath no certeine place, but is changed as the course of Easter causeth it.

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Easter terme.

The fiftéenth daie after Easter.

S. Alphege. S. Marke. Inuention of the crosse. Gordian. S. Dunstan. Ascension daie.

¶ In this terme the first sitting is alwaie kept the mondaie being the fiftéenth daie after Easter, and so foorth after the feasts here noted, which next follow by course of the yeare after Easter, and the like space being kept betwéene other feasts.

The rest of the lawdaies are kept to the third of the Ascension, which is the last day of this terme. And if it happen that the feast of the Ascension of our Lord, doo come before anie of the feasts aforesaid, then they are omitted for that yeare. And likewise if anie of those daies come before the fifteenth of Easter, those daies are omitted also.

Trinitie terme.

Trinitie sundaie. Corpus Christi. Boniface bish. S. Barnabie. S. Butolph. S. Iohn. S. Paule. Translat. Thomas. S. Swithune. S. Margaret. S. Anne.

Here note also that the lawdaies of this terme are altered by meane of Whitsuntide, and the first sitting is kept alwaies on the first lawdaie after the feast of the holie Trinitie, and the second session is kept the first lawdaie after the idolatrous and papisticall feast daie called Corpus Christi, except Corpus Christi daie fall on some day aforenamed: which chanceth sometime, and then the fitter daie is kept. And after the second session account foure daies or thereabout, and then looke which is the next feast day, and the first lawdaie after the said feast shall be the third session. The other law daies follow in order, but so manie of them are kept, as for the time of the yeare shall be thought méet.

It is also generallie to be obserued, that euerie daie is called a lawdaie that is not sundaie or holie daie: and that if the feast daie being knowne of anie court daie in anie terme, the first or second daie following be sundaie, then the court daie is kept the daie after the said holie daie or feast.

OF PROUISION MADE FOR THE POORE. CHAP. X.

There is no common-wealth at this daie in Europe, wherin there is not great store of poore people, and those necessarilie to be relieued by the welthier sort, which otherwise would starue and come to vtter Thrée sorts of poore. confusion. With vs the poore is commonlie diuided into thrée sorts, so that some are poore by impotencie, as the fatherlesse child, the aged, blind and lame, and the diseased person that is iudged to be incurable: the second are poore by casualtie, as the wounded souldier, the decaied householder, and the sicke person visited with grieuous and painefull diseases: the third consisteth of thriftlesse poore, as the riotour that hath consumed all, the vagabund that will abide no where, but runneth vp and downe from place to place (as it were séeking worke and finding none) and finallie the roge and strumpet which are not possible to be diuided in sunder, but runne too and fro ouer all the realme, chéefelie kéeping the champaine soiles in summer to auoid the scorching heat, and the woodland grounds in winter to eschew the blustering winds.

For the first two sorts, that is to saie, the poore by impotencie, and the poore by casualtie, which are the true poore in deed, and for whome the word dooth bind vs to make some dailie prouision: there is order taken through out euerie parish in the realme, that weekelie collection [Page 308] shall be made for their helpe and sustentation, to the end they should not scatter abroad, and by begging here and there annoie both towne and countrie. Authoritie also is giuen vnto the iustices in euerie countie, and great penalties appointed for such as make default, to sée that the intent of the statute in this behalfe be trulie executed, according to the purpose and meaning of the same, so that these two sorts are sufficientlie prouided for: and such as can liue within the limits of their allowance (as each one will doo that is godlie and well disposed) may well forbeare to rome and range about. But if they refuse to be supported by this benefit of the law, and will rather indeuour by going to and fro to mainteine their idle trades, then are they adiudged to be parcell of the third sort, and so in stéed of courteous refreshing at home, are often corrected with sharpe execution, and whip of iustice abroad. Manie there are, which notwithstanding the rigor of the lawes prouided in that behalfe, yéeld rather with this libertie (as they call it) to be dailie vnder the feare and terrour of the whip, than by abiding where they were borne or bred, to be prouided for by the deuotion of the parishes. I found not long since a note of these latter sort, the effect whereof insueth. Idle beggers are such either through other mens occasion, or through their owne default. By other mens A thing often séene. occasion (as one waie for example) when some couetous man such I meane as haue the cast or right veine, dailie to make beggers inough wherby to pester the land, espieng a further commoditie in their commons, holds, and tenures, dooth find such meanes as thereby to wipe manie out of their occupiengs, and turne the same vnto his priuate gaines. Herevpon At whose hands shall the bloud of these men be required? it followeth, that although the wise and better minded, doo either forsake the realme for altogether, and seeke to liue in other countries, as France, Germanie, Barbarie, India, Moscouia, and verie Calecute, complaining of no roome to be left for them at home, doo so behaue themselues that they are worthilie to be accompted among the second sort: yet the greater part commonlie hauing nothing to staie vpon are wilfull, and therevpon doo either prooue idle beggers, or else continue starke théeues till the gallowes doo eat them vp, which is a lamentable case. Certes in some mans iudgements these things are but trifles, and not worthie the regarding. Some also doo grudge at the great increase of people in these daies, thinking a necessarie brood of cattell farre better than a superfluous augmentation of mankind. But I can liken such men best of all vnto the pope and the diuell, who practise the hinderance of the furniture of the number of the elect to their vttermost, to the end the authoritie of the one vpon earth, the deferring of the locking vp of the other in euerlasting chaines, and the great gaines of the first may continue and indure the longer. But if it should come to passe that any forren inuasion should be made, which the Lord God forbid for his mercies sake! then should these men find that a wall of men is farre better than stackes of corne and bags of monie, and complaine of the want when it is too late to séeke remedie. The like occasion caused the Romans to deuise their law Agraria: but the rich not liking of it, and the couetous vtterlie condemning it as rigorous and vnprofitable, neuer ceased to practise disturbance till it was quite abolished. But to proceed with my purpose.

Such as are idle beggers through their owne default are of two sorts, and continue their estates either by casuall or méere voluntarie meanes: those that are such by casuall means, are in the beginning iustlie to be referred either to the first or second sort of poore afore mentioned: but degenerating into the thriftlesse sort, they doo what they can to continue their miserie, and with such impediments as they haue to straie and wander about, as creatures abhorring all labour and euerie honest exercise. Certes I call these casuall meanes, not in respect of the originall of their pouertie, but of the continuance of the same, from whence they will not be deliuered, such is their owne vngratious lewdnesse, and froward disposition. The voluntarie meanes proceed from outward causes, as by making of corosiues, and applieng the same to the more fleshie parts of their bodies: and also laieng of ratsbane, sperewort, crowfoot, and such like vnto their whole members, thereby to raise pitifull and odious sores, and mooue the harts of the goers by such places where they lie, to yerne at their miserie, and therevpon bestow large almesse vpon them. How artificiallie they beg, what forcible spéech, and how they select and choose out words of vehemencie, [Page 309] whereby they doo in maner coniure or adiure the goer by to pitie their cases, I passe ouer to remember, as iudging the name of God and Christ to be more conuersant in the mouths of none: and yet the presence of the heuenlie maiestie further off from no men than from this vngratious companie. Which maketh me to thinke that punishment is farre meeter for them than liberalitie or almesse, and sith Christ willeth vs cheeflie to haue a regard to himselfe and his poore members.

Vnto this nest is another sort to be referred, more sturdie than the rest, which hauing sound and perfect lims, doo yet notwithstanding sometime counterfeit the possession of all sorts of diseases. Diuerse times in their apparell also they will be like seruing men or laborers: oftentimes they can plaie the mariners, and séeke for ships which they neuer lost. But in fine, they are all théeues and caterpillers in the common-wealth, and by the word of God not permitted to eat, sith they doo but licke the sweat from the true labourers browes, & beereue the godlie poore of that which is due vnto them, to mainteine their excesse, consuming the charitie of well disposed people bestowed vpon them, after a most wicked & detestable maner.

It is not yet full thréescore yeares since this trade began: but how it hath prospered since that time, it is easie to iudge, for they are now supposed of one sex and another, to amount vnto aboue 10000 persons; as I haue heard reported. Moreouer, in counterfeiting the Egyptian roges, they haue deuised a language among themselues, which they name Canting, but other pedlers French, a speach compact thirtie yeares since of English, and a great number of od words of their owne deuising, without all order or reason: and yet such is it as none but themselues are able to vnderstand. The first deuiser thereof was hanged by the necke, a iust reward no doubt for his deserts, and a common end to all of that Thomas Harman. profession. A gentleman also of late hath taken great paines to search out the secret practises of this vngratious rable. And among other things he setteth downe and describeth thrée & twentie sorts of them, whose names it shall not be amisse to remember, wherby ech one may take occasion to read and know as also by his industrie what wicked people they are, and what villanie remaineth in them.

The seuerall disorders and degrees amongst our idle vagabonds.

1 Rufflers. 8 Fraters.

2 Vprightmen. 9 Abrams.

3 Hookers or Anglers. 10 Freshwater mariners, or whipiacks.

4 Roges. 11 Dummerers.

5 Wild roges. 12 Drunken tinkers.

6 Priggers or pransers. 13 Swadders or pedlers.

7 Palliards. 14 Iarkemen or patricoes.

¶ Of women kind

1 Demanders for glimmar or fire. 6 Doxes.

2 Baudie baskets. 7 Delles.

3 Mortes. 8 Kinching mortes.

4 Autem mortes. 9 Kinching cooes.

5 Walking mortes.

The punishment that is ordeined for this kind of people is verie sharpe, and yet it can not restreine them from their gadding: wherefore the end must néeds be martiall law, to be exercised vpon them, as vpon théeues, robbers, despisers of all lawes, and enimies to the common-wealth & welfare of the land. What notable roberies, pilferies, murders, rapes, and stealings of yoong children, burning, breaking and disfiguring their lims to make them pitifull in the sight of the people, I need not to rehearse: but for their idle roging about the countrie, the law ordeineth this maner of correction. The roge being apprehended, committed to prison, and tried in the next assises (whether they be of [Page 310] gaole deliuerie or sessions of the peace) if he happen to be conuicted for a vagabond either by inquest of office, or the testimonie of two honest and credible witnesses vpon their oths, he is then immediatlie adiudged to be gréeuouslie whipped and burned through the gristle of the right eare, with an hot iron of the compasse of an inch about, as a manifestation of his wicked life, and due punishment receiued for the same. And this iudgement is to be executed vpon him, except some honest person woorth fiue pounds in the quéenes books in goods, or twentie shillings in lands, or some rich housholder to be allowed by the iustices, will be bound in recognisance to reteine him in his seruice for one whole yeare. If he be taken the second time, and proued to haue forsaken his said seruice, he shall then be whipped againe, bored likewise through the other eare and set to seruice: from whence if he depart before a yeare be expired, and happen afterward to be attached againe, he is condemned to suffer paines of death as a fellon (except before excepted) without benefit of clergie or sanctuarie, as by the statute dooth appeare. Among roges and idle persons finallie, we find to be comprised all proctors that go vp and downe with counterfeit licences, coosiners, and such as gad about the countrie, vsing vnlawfull games, practisers of physiognomie and palmestrie, tellers of fortunes, fensers, plaiers, minstrels, iugglers, pedlers, tinkers, pretensed schollers, shipmen, prisoners gathering for fees, and others so oft as they be taken without sufficient licence. From among which companie our bearewards are not excepted, and iust cause: for I haue read that they haue either voluntarilie, or for want of power to master their sauage beasts, béene occasion of the death and deuoration of manie children in sundrie countries by which they haue passed, whose parents neuer knew what was become of them. And for that cause there is & haue béene manie sharpe lawes made for bearwards in Germanie, wherof you may read in other. But to our roges. Each one also that harboreth or aideth them with meat or monie, is taxed and compelled to fine with the quéenes maiestie for euerie time that he dooth so succour them, as it shall please the iustices of peace to assigne, so that the taxation excéed not twentie shillings, as I haue béene informed. And thus much of the poore, & such prouision as is appointed for them within the realme of England.