Chronicles (1 of 6): The Description of Britaine

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

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

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

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 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, 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 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: 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 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 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 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 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.

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

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

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

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.

¶ 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.

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.

Easter terme.

The fiftéenth daie after Easter.

¶ 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.

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.

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 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, 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.